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Home My WebLink About3865APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKi JAMES DINIZIO, JR. Southoid Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, 1.1., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3865 Matter of CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rear yard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Map District 1000, Section 87, Block 4, Lot 6. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of CHARLES AND CAROL BURST. under Appeal No. 3865; 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 WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south of Bayview Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 4, Lot 6. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3, for permission to construct an addition with insufficient side and rear yard setbacks. Page 2 - Appl. No. 3865 Matter of CHARLES AND CAROL BURST ~ecision rendered October 4, 1989 3. Article III A, Section 100-30 A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R~40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth hearin in full. 4. The subject premises on the northeast side of the house will be 7+- feet from the property line, there is approximately .21 acreage at this location. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) 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. Grigonis, Seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the matter of the application of CHARLES AND CAROL BURST as applied under Appeal No. 3865 for approval of a addition with insufficient side and rear yard setbacks, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That on the northeast side that the bushes be trimmed back to 7 feet so to remain open and unobstructed, of a height of minimum of 10 feet, for fire apparatus or other emergency vehicles to have access around the house. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df RECEIVED AND THE SOUTMOLD TOWN CL~,K DATE/~/~ ~/~HOUR APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, IR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765.-1823 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (1), as disapproved, for permission to construct and inground pool with deck and fence, within 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3. 7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District. ) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with an insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot 11. 7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-31, as disapproved), for approval of insufficient areas in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, Lot 29-30-35. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8:00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST. ~ ariance to the Zoning Ordinance, Article III A, Section / 00-30 A.3, as disapproved, for permission to construct additiori~ ith insufficient side and rearyard setbacks in this R-40 Zone~ istrict. Property Location: 705 Windy Point Road, County Tax . ) District 1000, Section 87, Block 4, Lot 6. ~ Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenn¥'s Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. P~ge 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A), as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4. ~age 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. ~age 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Variance to the Zoning Ordinance, Article V, Section 100-50B Special Exception, (Article XIII, as disapproved) for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. Page 9 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, (Section 100-239D, as disapproved) for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XXVII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, East Marion, in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot 21 units. ~age 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 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 your presentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 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 .... .~. ~..~..~...~.~...~.. ........ .... ~..~.....f. ~..,.. ~.~. :... Location of Property ..~~ .... ~~ ~~ ~ ~.~~ .ou~ ~o. ~ ......... k~;~;i ................. ~' ~'~i~ County Tax Map No. I000 Section .... ~..' .... Block ' ~ Lot ~ Subdivision ................. Filed Map No ................. Lot No. · is returned herewith and disapproved on the following grounds...~~ .~.~z..~' .... . ~~ .... ~~z.. ~...~~~..~. ~. ~f~. .......... .................................... Bu RV 1/80 TOWN OF $OUTHOLD, NEW YORK DECEIVED APPEAL FROM DECISION OF BUILDING INSPECTOR JUL 1 2 1989 TO THE ZONING BOARD OF APPEALS, TOWN APPEAL NO. *'~ ~*~ DATE ...... .?././...~./.~. ,,~.. ..... Nome of Appellant Street and Number Southold Municipality ..... ..N....¥... ............... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .... ...t~..~9..b....2.7. r....1..9..8..9. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Charles A. and Carol M. Burst Name of Applicant for permit of ..2....~...a.~..~!.a..q.e.,..P~.x...~L.~.,...~,.~, ................................................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTN3CT 1. LOCATION OF THE PROPERTY 7..0..5....~.~.q~Zf..~.o.$.q.t.....~.,:....~..9.¢'.£h.t.L~ ............ .R.F..4..0. ..................... Street Use District on Zoning Mop .................................................................................. Current O~ner C~arles A. & Carol M. Bu.~st Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III A, Section 100-30 A.3 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4: PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Applicants desire to construct a second-story non-conforming, pre-existing dwelling, which insufficient side and rear yard set-backs. addition to their proposed addition has Form ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION,OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because : !'' ' Applicants would~.,U,~a'b~/,t~o,~construct the desired and much needed additional living space to their home. 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 This lot is narrower (35 ft. on the .right of way and 67.14 ft. on Corey Creek) than the surrounding properties and the pre-existing dwelling, though constructed at the widest portion of the property, does not itself conform to required set-backs. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The Ordinance is severely restrictive when applied to this application, which is not the spirit in which it was created. The residential character of the distridt will not be changed by this construction. STATE OF NEW YORK ) ) ss COUNTY OF ELT~)T.~ ) Sworn to this /"~ ~ "'~' '~ ' , ..................................... day of ..................................... 19 ~' ........ ............. AUGUST3~, ! nature.... "' OWN- OF" SOUTHOLD PROPERTY RECORD CARD OWNER ' STREET VILLAGE DIST. SUB. LOT FORMER OWNER / E~v -~ -- RES. S~S. ~,~ ~ FARM ~ COMM. CB.~ M~SC. Mkt. W~ ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FA~ Acre Value Per Value Acre Tillable 2 W~dland Swampland FRONTAGE ON WATER Drushland ~- " FRONTAGE ON ROAD Total DOCK ' M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio OoBo Total ~6 ~'~.~Yl IIII1.1,1 TRIM J ,~,4~,~1 I I I I I I.ol~q!, IIIIII t I I I I Irl~-I I I I I 1~11~4~' I I I~:111 !' I Foundation- Basement E~. Walls Fire Place Type Roof L r:j,i I IIII IIIIII Bath Floors Interior Finish Heat Rooms 1st Floor .... ~ecreation Roort Rooms 2nd Floo, /, ;~D Dormer Driveway /? ,_Dinette K. LR. DR. BR. FIN. B. \ 0 MAp OF LAND SLt RYF..,Yf~ D FOP-. CNARLE5 A. f CAI2.0L M. BURST 0 N DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING November 6, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Elliot Paskoff ~l~c}cholas Tsirkas aries & Carol Burst Henry Arbeeny 3853 3863 3865 3866 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 11788 (516) 360-5192 APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25' SOUTHOLD, L.I., N.Y'!. llg?l , TELEPHONE (518) 785-180g GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Pursuant t'o 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 IIIA Section 100'30 A.3 Variance from Determination of SouthSld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3865 .Applicant:Charles and Carol B~rst Location of Affected Land: 705 Windy POint. Road, Southold, NY County Tax Map Item No.: 1000- 87-4-6 Within 500 feet of: Town or Village Boundary Line XX or Body of Water (Bay, Sound 'or Estuary) " State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area 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, Wit'hin One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct an addition with insufficient side and rear yard setbacks. Copies of Town file and related documents enclosed for your review. Dated: November 2, 1989 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. October 18, 1989 Edson and Bruer Attorneys at Law P.O. Box 1466 Southold, NY 11971 Re: Appl. No. 3865 - Charles and Carol Burst (Variance) Dear Mr. Bruer: 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' Office Southold Town Trustees County Planning r i 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 Hearing no further comment I'll make a motion recessing until October 5th pending the receipt of another footprint area on the parcel and for further measurements for the Board. I'll offer that motion, gentlemen. MR. SAWICKI: Second. MR. GOEHRINGER: Are all in favor? (All ayes). MR. GOEHRINGER: Thank you. I want to change that meeting day. It's recessed until October 4th, not October 5th. (Whereupon, a short recess was taken.) MR. ~peal is appeal number 3 86~~~-~ ' ~'~ (Reading). MR. GOEHRINGER: We are waiting response from water conservation. I have a copy of the surveys, Roderick Van Tuyl, P.C., amended date of June 27, 1989. Indicating one and a half story framed house presently. Approximately 7 feet from the northeast property line and approximately four feet from the southwest property line, 30 feet from the bulkhead of the creek and quite a 34 RAM COURT REPORTING SERVICE (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 can see that basically although a little bit larger than this piece of property, all of them are small. It definitely is nothing to change the character of the neighborhood. The neighborhood is going to remain the same, going to continue to be a one-family dwelling, continue to be the same owner. He and his wife come out and enjoy it occasionally with their two grown-up children. We respectfully request that the Board grant the application. MR. GOEHRINGER: This deck is going around the entire circumference of the second story; is that correct? MR. BREWER: No. It goes just on the water-side front. MR. GOEHRINGER: So the dotted line is showing what? MR. BREWER: Showing, basically, a little bit of the building going outward and the roof line. I believe it goes out, if I'm not mistake~ Mr. $choenstein can tell you? MR. SCHOENFELD: Cantilevered two feet. MR. GOEHRINGER: Cantilevering the 38 RAM COURT REPORTING SERVICE (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 39 building over MR. SCHOENFELD: MR. GOEHRINGER: the existing structure two feet. That would come off. The only problem that we have, or that I have, we went down on Saturday morning, again, Mr. Dinizio and myself, we have to provide access to the rear yard, for fire vehicles or whatever the case might be. There are some overgrown hedges that are probably going to be taken out anyway. You have a stoop there appears to be placed in a different spot, that's the stoop against your neighbors' line, the James'. I notice, there, also on the survey that you're showing approximately a clear seven feet between the house and that property line, is that going to exist, that seven feet? Is it going to survive? MR. SCHOENFELD: MR. GOEHRINGER: Yes, it will. It will survive. MR. BREWER: What are we talking about? MR. GOEHRINGER: seven feet, right here. You can't get through. We are talking about this This is all closed up. We normally ask for eight feet, we probably could with live with RAM COURT REPORTING SERVICE (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 40 seven feet. MR. BREWER: Schoenstein. MR. GOEHRINGER: This has got to remain open. Let me talk to Mr. Referring to the east side, the stoop is going to be placed in a different spot, or will the stoop remain there. The stoop is closer to here, which reduces the side yard that much greater. It's tight. MR. SCHOENSTEIN: The deck is cut off to an angle. The big thing that you're talking about getting around would be the shrubbery. That would be eliminated. MR. GOEHRINGER: The only intrusion we have is the second floor, which is going to be elevated above that anyway so there would still be access. MR. SCHOENSTEIN: MR. GOEHRINGER: Yes. In writing the decision when we get to that particular point if we call for a seven-foot side yard on that particular side, so the encroachment is -- on the lower level a~y encroachment would be two feet above, approximately how high Mr. Shown 16. MR. SCHOENSTEIN: Ten feet up from grade RAM COURT REPORTING SERVICE (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 level. 41 MR. GOEHRINGER: Ail right. MR. SCHOENSTEIN: You have to consider the foundation and eight feet for the first floor. MR. GOEHRINGER: So we get that straight. MR. BREWER: I want everybody to understand what you're talking about. MR. GOEHRINGER: I have no further questions at this particular point. I thank you very much for getting that area cleared up. Anybody else like to speak concerning this application in favor? (None). MR. GOEHRINGER: Anybody like to speak against? (None). MR. GOEHRINGER: If there are no further questions, I'll make a motion to close the hearing, reserving decision until later. MR. SAWICKI: Second. this MR. GOEHRINGER: (All ayes). MR. GOEHRINGER: Ail in favor? We will be addressing on October 4th. Thank you. Have a good RAM COURT REPORTING SERVICE (516) 727-3168 ~11 ! 12 13 14 15 16 17 20 21 22 23 24 25 evening. The next appeal is number 3866. (Reading). MR. GOEHRINGER: A copy of a survey dated May 3, 1988, Roderick Van Tuyl, P.C., indicating this parcel. Don't have a total acreage figure on it. We'll ask the attorney that question. I have a copy of the Suffolk County tax map indicating this and sounding properties in the area. What is the actual square footage of the parcel? The date on this map is July 28th, 1989 from Roderick Van Tuyl~ P.C. The lot in question is lot number 4 of this particular subdivision which I believe is the only business parcel of the subdivision. MR. BREWER: It used to be more. MR. GOEHRINGER: It is totally a -- 79,222--I believe it should be 80,000; is that That's the reason we are You're on. Rudolph Brewer, Main Road, 42 correct? MR. BREWER: here. MR. GOEHRINGER: MR. BREWER: RAM COURT REPORTING SERVICE (516) 727-3168 SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE STANLEY A. PAUZER DISTRICT MANAGER October 2, 1989 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of Appl. No. 3865 - Charles and Carol Burst (Variance), please be advised that a site inspection was conducted on October 2, 1989. There was not any geomorphic features observed at the site which would limit or affect the proposed second-story addition to the existing dwelling. Sincerely yours, Thomas J. McMahon Senior District Technician PECONIC PLAZA 16A OLD COUNTRY ROAD, ROUTE 58 RIVERHEAD, NEW YORK 11901 '~16) 727-2315 APPEALS BOARD ~ MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y'. 11971 TELEPHONE (516) 765-1809 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3865 Project/Applicants: County Tax Map No. Location of Project: Charles & Carol Burst 1000- 87-4-6 705 Windy Point Rd.,Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition with insufficient side and rearyard setbacks. 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. 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. tm S th Id Tow B d lapp Is ~~~?~ ou o n oar o ea '~,~~~'~Y MAIN ROAD' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.i'N.Y. 11S71 ~ TELEPHONE (516) 765-1809 FAX No. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS (516) 765-1823 Appl.'No. 3865 Matter of CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rear yard setbacks in this R-40 Zone District. Property Location: 705 Windy Point'Road, County Map District 1000, Section 87, Block 4, Lot 6. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of CHARLES AND CAROL BURST. under Appeal No. 3865; 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 WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south of Bayview Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 4, Lot 6. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3, for permission to construct an addition with insufficient side and rear yard setbacks. Psge 2 - Appl. No. 3865 Matter of CHARLES AND CAROL BURST ~ecision rendered October 4, 1989 3. Article III A, Section 100-30 A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth hearin in full. 4. The subject premises on the northeast side of the house will be 7+- feet from the property line, there is approximately .21 acreage at this location. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) 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. Grigonis, Seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the matter of the application of CHARLES AND CAROL BURST as applied under Appeal No. 3865 for approval of a addition with insufficient side and rear yard setbacks, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That on the northeast side that the bushes be trimmed back to 7 feet so to remain open and unobstructed, of a height of minimum of 10 feet, for fire apparatus or other emergency vehicles to have access around the house. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df GERARD P. GOEHRINGE.R/," CHAIRMAN "K· GL:~I KIJUL ~uUl HOLD $CHUUL ~ ~ ACRES 0.25 SCHOOL TAXABLE VALUE STONEHENGE RD ~NHASSET NY 110~0 /' DEED BOOK 2 PG-O0099 2,800 FD028 SOUTHOLD FIRE DIST ~ ' WW020 WASTE WATER DISTRICT OFF M' BAYviEW RD ~.-4-4 RH 260 SEASONAL RESIDENCE COUNTY TAXABLE VALUE 3,000 IDGE~ WILLIAM M ......... -;'~ouT'HOED-'SCHOOL 4~805 ......... 1'300 ..... TOWN - TAXABLE VALUE 3,000 ~I~5 BAY SHORE DR /~ .... ACRES 0.37 . SCHOOL TAXABLE VALUE 3,000 ;~GLEWOOD FL 34223 P" DEED BOOK 2 PG-OOO1Q 3,000 FDO28 SOUTHOLD FIRE DIST 3,000 WW020 WASTE WATER DISTRICT 3,000 2,800 2,800 TO 2,800 TO 87.-4-4 ******************** 10 TO TO ************************************************************ ****************************** OFF M BAYVIEW RD ~?.-4'5 ' S~A ~60 SEASONAL RESIDENCE !DGER, ROflERT B / SOUTHOLD SCHOOL 473805 HAWTHORNE ST LOT 8 ACRES 0.33 APASOTA FL 34239 DEED BOOK 2 PG-O0019 ************************************** ************************************ OFF M BAYVIEW RD ).7.-4-6 ST 260 SEASONAL RESIDENCE ' ' JqST CHARLES A & CAROL SOUTHOLD SCHOOL 473805 900 CHATHAM PL ..... ACREs'- IX HILLS N Y 11746 DEED BOOK 2 PG-O0026 2,800 ******************** 87''4-5 VETERANS 41101 0 1,100 COUNTY TAXABLE VALUE TOWN TAXABLE VALUE 2,900 SCHOOL TAXABLE VALUE FD028 SOUTHOLD FIRE D.IST WW020 WASTE WATER DISTRICT ***************************** 1,300 cOUNTy T TO W N T O- 21 ......... scHOOL T ********** 10 1,300 a WW020 WASTE WATER DISTRICT 2,800 TO COREy CREEK 10 7.-4-7 TM 260 SEASONAL RESIDENCE COUNTY TAXABLE VALUE 2,300 INDTVEIT, HERBERT & WiFE ................ ~OUTHoLD SCHOOL 473805 ....... 90'0 ......... 'Tow~ ..... TAXABLE VALUE. 2,300 .... ADAMS PL ./ACRES~._... 0.15 SCHOOL TAXABLE VALUE 2,300 EST-HEMPSTEAD NY 11511 ....... ~ ..... ~D '9'oOK- - 2 PG'O0i08 2;300 .... FRO28 ~OUTHOED FIRE DIST 2'300 TO ww020 WASTE WATER DISTRICT 2,300 TO ******************************************************************************************************** 87.-4-8 ******************** COREY RD 10 ~.-~'8 ' '-OF 26~- SEASONAL R~SIDENCE ............. COUNTY TAXABLE VALUE 2,600 tINDTVEIT CATHERINE SOUTHOLD SCHOOL 4?3805 1,000 TOWN TAXABLE VALUE 2,600 ~]~ ADAMS PEACE ............. A~ES 0,25 LE VALUE SCHOOL TAXAB 2,600 'EST HEMPSTEAD NY 11511 DEED ~OOK 10567 PG-00196 2,6D0 FRO28 SOUTHOLD FIRE DIST 2,600 TO wW020 WASTE WATER DISTRICT 2,600 TO AXABLE VALUE 2,800 AXABLE VALUE 2,800 AXA~LE VALUE 2,800 FD028 SOUTHOLD FIRE DIST 2,800 TO 1,600 1,600 2,900 2,900 TO 2,900 TO 87.-4-6 ******************** 10 P~ge 2 - Appl. No. 3865 Matter of CHARLES AND CAROL BURST Decision rendered October 4, 1989 3. Article III A, Section 100-30 A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth hearin in full. 4. The subject premises on the northeast side of the house will be 7+- feet from the property line, there is approximately .21 acreage at this location. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) 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. Grigonis, Seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the matter of the application of CHARLES AND CAROL BURST as applied under Appeal No. 3865 for approval of a addition with insufficient side and rear yard setbacks, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That on the northeast side that the bushes be trimmed back to 7 feet so to remain open and unobstructed, of a height of minimum of 10 feet, for fire apparatus or other emergency vehicles to have access around the house. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df /GERARD P. GOEHRINGE~' CHAIRMAN RECEIVED AND FILED B-~ THE souTHOLD TOV~N CLERK Town C[o~:k, Town o{ FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 August 1, 1989 Edson and Bruer Attorneys at Law PO Box 1466 Southold, N.Y. 11971 TELEPHONE (516) 765-1892 Re: Burst - 1000-87-4-6, Windy Pt. Road, Southold, N.Y. Dear Mr. Bruer: The following action was taken by the Board of Town Trustees during their regular meeting held on July 27, 1989 as follows: WHEREAS the Town Trustees have conducted an on site inspection of the subject property, RESOLVED that the Town Trustees approve the request made by Charles and Caroline Burst for a waiver to construct second story addition to single family dwelling located on above mentioned property. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. YAK:jas cc: Bldg. Dept. Board of Appeals file Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees LEFFERTS P. EDSO N RUDOLPHH. BRUER ATT O R NEY AT LAW MAIN ROAD ' P.O. BOX 1466 SOUTHOLD, NEiWYORK 119'71 (516) '765-1222 (516)'765-25OO FAX: (516) 765-2752 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski, Secretary Re: Appeal No. 3865 - Burst Southold, New York SCTM# 1000-87-4-6 Dear Linda: - Enclosed please find four (4) copies of amended survey. Please make this submission a part of your file in place and stead of the survey prints provided on 7/12/89. Si erely, ~lph~~H. B rue~ RHB/df Encs. 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 August 23, 1989 Edson and Bruer Attorneys at Law P.O. Box 1466 $outhold, NY 11971 Re: Appl. No. 3865 - Charles and Carol Burst (Variance) Dear Mr. Bruer: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about September 21, 1989, at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time)in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... /.... weeks successively, commencing on the ....... /.~/~;' ' Sworn to before me this ... .... r ............. day of ............. ~, 19 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806841 Qualified in Suffolk County . Commission Expires ~/~ ,/~,~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant ~o 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, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861m SOUTHOLD FREE LIBRARY. Variance to the Zoning Or- dinance, Article IX, Section 100-102, as Disapproved, (non- conforming Bulk area and park- ing requirements of the Hamlet Business District). ~ Proposed construction will have insuffi:- cient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Bloc~kt, 1, Lot 14. 7:35 p.m. Appl. No. 3859-~ EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOU- LOUS. Variance to the Zoning Ordinance, Article XXIII, Sec- tion 100-239d (A) (1), as disap- proved, for permission to con- struct an inground pool with deck and fence, wi.thin 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, SecT~0 tion 15, Block 1, Lot 3. "~ 7:40 p.m. Appl. No. 3798-- ELIZABETH McCANCE. Var- iance to the Zoning Ordinance, Article I, Section 106-20 (Arti- cle III Section 100-31 as Disap- proved) for approval of insuffi- cient area in this pending divi- sion of land of property, (R-80 Zone District.) Property Loca- tion: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. 7:45 p.m. Appl. No. 3863-- NICHOLAS TSIRKAS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwell- ing with an insufficient 40' frontyard setback in this R-40 Zone District. Property Loca- tion: 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, LOt 11. ~ 7:50 p.m. Appl. No. 3827-- EDWIN ~CHERE Vari- ance to th~lning Ordinance, · Article I, Sec~on 106-20, (Arti- cle III, Section 100-31, as disap- proved), for approval of insuf- ficient areas in this pending sub- division (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 003, Block04, Lot 29-30-35. 7:55 p.m. Appl. No. 3864-- LOEPOLD STERN. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwell- ing with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Loca-~ tion: 1390 Bayview Drive, East Marion, County Tax Map Dis- trict I000, Section 37, Block 5, 8:00 p.m. Appl. No~ 3865 CHARLES AND CAROL. BURST. Variance to the Zoning Ordinance, Article III A, Sec- tion 100-30 A.3, as disapproved, for permission to construct. addition with insufficient side and rearyard setbacks in thisltp R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6,~,~ 8:05 p.m. Appl. No. 3866-- HENRY ARBEENY. Variance to the Zoning Ordinance, Arti- cle VIII, Section 100-82, as dis- approved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849~ CIPITELLI BROS REALTY. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with an in- sufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, Coun- ty Tax Map No, 1000, Section 14, Block 2, Lot 24. 8:15 p.m. Appl. No. 3852-- RICHARD DiBLASI. Variance to the Zoning Ordinance, Arti- cle III, Section 100-30A3, as dis- approved, for permission to construct open deck in front yard,, nonconforming With bulk area and parking regulations in this R-40 Zone District. Proper- ty Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852-- PASKOFF. V~]~c~ to' ELLIOT the Zoning OrdinancOll~ticle III A, Section 100-30A.3, (Ar- ticle XXIII, Section 100-231 (A), as disapproved), for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is non- conforming in this R-40 Zone District. Property Location: 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Sec- tion 54, Block 4, LOt 4. 8:25 p.m. Appl. No. 3854-- NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapi~roved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning Dis- trict R-40. Property Location: 2535 Cedar Lane, East Marion; · County Tax Map No. 1000, Sec- tiOn 037, Block 00, Lot 10. ' 8:30 p.m. Appl. No. 3857-- MICHAEL TOFFALIS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244~9 As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in an R-40 Zone District.. Property Loca- tion: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. 8:35 p.m. Appl. No. 3858-- BERNARD COSIMANO. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard set- backs in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542-Z'~*° CLIFFSIDE (TIDE MARK), Variance to the Zoning Or-~ dinance, Article V, Section 100-50B Special Exception, (Ar- ticle XIII, as disapproved) for permission to construct 76 motel Units in this Resort/Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. 8:45 p.m. Appl. No. 3770~ PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C-122, (Sec- tion 100-239D, as disapproved) for permission to construct Boat Storage Building with insuffi- cient setbacks and excessive lot coverage in this Marine II (M- Il) Zoning ~istrict. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 00, LOt 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842-- CRESCENT BEACH CON- DOS. Variance to the Zoning Ordinance. Article XXVII, tion 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insuffi- cient setbacks. Property Loca- tion: End of Maple Lane, East Marion, in this Resort/Residen- tial (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot,21 units. DR. PAUL MITCHELL. Variance to, the Zoning Or- dinance, Article III A, Section 100-30A-3, as disapproved, for approval to construct a single family dwelling with insufficient front yard setback in this R-40 Zone District. Property Loc - tion: 1015 Munn Lane, County Tax Map District 1000, Section 017. Block 02, Lot 08. 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 com- ments 'may also be submitted prior to the conclusion of the subject hearing. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: September 1, 1989.- BY ORDER OF THE SOUTHOLD TOWN' BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda_/~ IX, 9/14/89 (25)~ 7-40 p.m. AppI. No. 3798 -- EI-17ABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Anicle Ill Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land of proper- ty, (R-80 Zone District.) Property Location: Mansion House Drive, Fishers Island; County Tax Map Distfct 1000, Section 06, Block 05, LOt.3-5.1. 7:45 p.m. Appl. No. 3863 --NI- CHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disap- proved, for permission to construct a one family dwelling with an insuf- ficient 40' frontyard setback in this R-40 Zone District. Property Loca- tion 2700 Sound Avenue, Green- port, County Tax Iv~p Distri~t'1000, Section 033, Block 01, Lot I1. 7:50 p.m. Appl. No. 3827 -- EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article H~, Section 100-31, as disapproved), for approval of insufficient areas in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, Lot 29-30-35. 7:55 p.m. Appl. No. 3864 --~(~ LEOPOLD STERN. Variance to the Zoning Ordinance, Article XX1T[, Section I00-239d, B. (Article XXIV, Section 100-244, as disap- proved), for permission to construct a one family dwelling with an insuf- ficient rearyard setback, approxi- mately 75 feet from the ~lkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 8:00 p.m. Appl. No. 3865 -- .-'HARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article ITl A, Section 100-30 A.3, as disapproved, for permission to con- struc~ addition with insufficient side and roa~yard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map-District 1000, Section 87, ~Block 4, Lot ~ ~v p.m. Appl. No. 3866 -- HENRY ARBEENY. Variance to th~ Zoning Ordinance, Article VIII; Section 100-82, as disapproved, for approval of insufficient area in this . pending subdivision, (Light Busi- ness Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 --' C~ITELLI BROS. REALTY. Vari- ance to the Zoning Ordinance, Arti- cle ~ Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with a insufficient setback and with- in 100 feet from Long Island Soun-d in this R-40 Zoue District. Location of Property: 90 Peuy's Drive, Ori- ent, County Tax Map No. 1000, Section 14, Block 2, Lot 24. 8:15 p.m. Appl. No. 3852 -- RICHARD DiBLASI. Variance to the Zoning Ordinance, Article Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regula- tions in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 -- EL- L.IOT PASKOFF. Variance to the Zoning Ordinance, Article Ill Section 100-30A.3, (Article XXIII, Section 100-231 (A), as disap- proved) for permission to construct an attached deck with insufficient side yard and accessory fence (treF lis) in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Section 54, Block 4, L~ 4. 8:25 p.m. Appl. No. 3854 -- NANCY STEIN. Variance to the Zo~.g Ordinance, Article l]~ Sec- tion 100-119.2. (/~cle I, Sectio~ ~7-1'2~s disapl]~J) for permiS sion to construcl~eck additior within 75 feet of water or wetlands. Zoning District R-40. Property Lo~ation: 2535 Cedar Lane, East l Marion; County Tax Map No. 1000, ,' ' Section 037, Block 04, Lot 10. 8:~0 p.m. Appl. No. 3857 ~ MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, S~ction 100-244. As disap- proved, for permission to construct a deck, addition, insufficient rear yard ~setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000,.Section 106, Block 03, Lot 028. 8:3.5 p.m. AppL No. 3858 BERNARD COSIMANO. Variance · to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (A~- cie XXIV, Section 100-244, as disapproved) for permission to con- stmct a deck addition within 75 feet of bulkhead. Construction has insuf- ficient total side yard setbacks in this R-40 Zone District. Property Locaiion: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542 -- CLIFFSIDE (TIDE MARK). Vari- ance to'the Zoning Ordinance, Arti- cle V, Section 100-50B Special Exception, (Article XTrI, as disap- proved) for permission to construct 76 Motel Units in this ResonJResi- dential (RR) Zone District. Property Location: 61475 County 48, Green- port, County Tax Map No. 1000, Section 045, Block 01, Lot 01. 8:45 p.m. Appl. No. 3770 ~ PORT OF EGYPT. Variance to the Zoning Ordinance, A~icle Xll, Sec- tion 100-121C - 122, (Section 100- 239D, as disapproved) for permis- sion to construct Boat Storage Building. with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. ~Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1,H, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842 -- CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance, Article XXVll, Section 100-271, as disapproved, for permission to en- close decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, East Marion, in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot 21 units. 8:55 p.m. AppL No. 3860 ~ DR. PAUL'M1TCHRLL Variance to the Zoning Ordinance, Article HI A, Section 100-30A-3, as disapproved, for approval to construct a single family dwelling with insufficient front yard setback in this R-40 Zooe District. Property Location 1015 Munn Lane, Orient, County Tax Map District 1000, Section 017, Block 02, Lot 08. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in each of the above mat- ters. Written comments may also be submiued prior to the conclusion of the subject hearing. Each hearing your presentation will be available, if needed. For more information, please call 765-1809. Dated~September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda } SS: COUNTY OF SUFFOL~ of Mattituck, in Patricia Heaney -- ~aid County, being duly sworn, says that h,dshe 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 ~ weeks successively, commencing on the 14t~ _ day of $_~.F..~~ 19_J3_9_ Princip~clerk Swom to befor~!me this // · . / aay or_.. ~ -- 7 ..... NOTICE IS HEREBY GIVEN~ . ' '~,N~,RY K B[[N[N k Sou~old, ~e following blarings ~' will be held by thc SOU~HOLD.~ . E~Dtres ~ebrtmr~ / ~ BOA~ OF APP~ at · Regular Meeting, at th~ou~old Town Hall, Main Road, Sonthold, NY 11971, on THURSDAY, SEPTEMBER. 21, 1989, at the fol-' lowing times: '/:30 p.m. Appl. No. 3861 ~ SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, A~icle IX, Section 100-102, as Dis- approved, (nonconforming Bulk area and parking requh-ements of the. Hamlet Business distric0 Proposed' construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, SoUthold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. 7:35 p.m. Appl. No. 3859 ~ EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS- Variance to the Zoning Ordinance, Article XXIll, Section 100-239d (A) (1), as disapproved, for permis- sion to construct an inground pool with deck and fence, within .100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3. ,~,~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board o£Appeals MAIN 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 application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application, your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, 'GERARD P. ~EHRINGE~ CHAIRMAN df Enclosure ~ail[ng List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, $outhold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board o£Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3865 Project/Applicants: County Tax Map No. Location of Project: Charles & Carol Burst 1000- 87'4-6 705 Windy Point Rd.,Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition with insufficient side and rearyard setbacks. 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. 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. tm Southold Town Board of Appeals MAIN ~AD ~TATE ROAD 25 S~UTH~ N ( 6) 09 APPEALS BOARD: MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. S,E.O,.R.A. TYPE II ACTION DECLARATION Appeal No. 3865 Project/Applicants: County Tax Map No. Location of Project: Charles & Carol Burst 1000- 87-4-6 705 Windy Point Rd.,Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition with insufficient side and rearyard setbacks. 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. 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. tm JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS 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: July 12, 1989 Transmitted herewith is Zoning Appeal NO. 3865 Charles A. & Carol M. Burst · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~tter relative to NYS Tidal Wetlands Land Use; Notice.of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk LEFFERTS P. EDSON (RETIRED) RUDE]LPH H. BRUE~ ATTORNEYS AT LAW MAIN R[~AD ' P.D. BOX ] 466 S{DUTHE) LD. NEWYOI~K 11971 July 12, 1989 (518)765-1222 (516) 765-2500 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Variance Application for Burst Premises: Southold, New York SCTM# 1000-87-4-6 Dear Sirs: For your consideration, we enclose herewith the following: 1. Notice of Disapproval from the Building Inspector 2. Variance application in triplicate 3. Notice to Adjoining Property Owners, with affidavit of mailing 4. Short Environmental Assessment form 5. "Wetland Letter" 6. Z.B.A. Questionnaire 7. Four (4) copies of survey indicating that portion of the property for which a variance is sought. 8. Copy of current deed 9. Our check in payment of your filing fee, in the sum of $150.00. Sincerely, Rudolph B. Bruer RHB/df Encs. cc: Mr. and Mrs. Charles A. Burst JAbt ES A. SCHONDEBARE TOWN A'I'FORNEY 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. TOWN OF SOUTHOLD, NLr~'YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~6 ~ DATE ....~./..~i ~/...~.. ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number Southold Municipality ..... ~:.¥.: ............... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ~..~.....2.7..,....~..9..8..9. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Charles A. and Carol M. Burst Name of Applicant for permit of ................................................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTNJCY 1. LOCATION OF THE PROPERTY 7.Q~...~.~..d~...?..o.~p..t...,.~..;. .................................. ,~.T.~g ..................... Street Use District on Zoning Mop .... ...................... Cu e.t ,. Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III A, Section 100-30 A.3 3. TYPE OF APPEAL Appeal is made herewith for ' (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack 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 not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Applicants desire to construct a second-story addition non-conforming, pre-existing dwelling-, which insufficient side and rear yard set-backs. to their proposed addition has Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unn~- sary HARDSHIP because Applicants would be unable to construct the desired and much needed additional living space to their home. 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 This lot is narrower (35 ft. on the .right of way and 67.14 ft. on Corey Creek) than the surrounding properties and the pre-existing dwelling, though constructed at the widest portion of the property, does not itself conform to required set-backs. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The Ordinance is severely restrictive when applied to this application, which is not the spirit in which it was created. The residential character of the distridt will not be changed by this construction. COUNTY OF DJF~DT_~ ) ature ....... Sworn to this ' ' ~'~ ~ day of.. i/.~.....~... 19 ~D~' sR~.~.. URST #1000-87-4-6 QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.^. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516--751-7900), if- you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. Ix] ~. [ ] 2. [ ] 3. [ ] 4. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: ! ] [ ] [ ] 50' existing road existing structures bluff area more than 10' in elevation above mean sea level [ ] 5. Ix] 6. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT'be more than 75' from the landward edge of tidal wetlands/waterfront a rea. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their revieW' and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k -- to) ltl order ~o answer ~he questions in this shor~ EAF ~ ~s assumed ~hot the preparer will use currently ova'liable information concetnlng the project end the likely impacts of the action. It is not expected additional studio=, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be ~ignt£icant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this projec¢ is not slgniricant.' " .. (dj Env£ronr,~ental Assessment · · ' i. t','ili project re'sui't' in a large physical change , " to the project silo Br physically alter mare .. ~han l0 acres of 'land? ........................ 'Yes X' No 2. Will there be a major change to any unique or ' ' · unusual land form found on the site? .......... Yes X No 3. ¥/ill project alter or have o large effect' on ' - ' existing body of water? ....................... Ye~ X No 4. ¥1ill project have o potentially large impact · X on oroundwater quality? ........................ Yes 'No · '.5. Will project significonily effect droinoge......~. -:.' · £1ow on adjacent sii~.~9 · - ' 6. %'/ill project affect any threatened or ~ cndonoered plant or on~Cmol species? ........ ...__Yes X' No 'uli in /o rna jar adverse e / on air quality ................................ Yes X No / 8. %'/ill project }]ave o major effect on visual - character of the community or scenic views or vistas known ia'be imporlonl to the community?. 'Yes X'No ?. ~'/ill projeci o'dverse!y impact or]), silo or .. struciure of historic, prehistoric or paleontological imporlonce or any site dcsignoicd os o orifice! cnvir, onmenlol area ? ......... Yes X No lO. Will project hove o major effect on existing ' or £uture recreational ooporiuni ' ~ . ire ........... Yes X No '11. Will project result in .major traffic problems ' - or cous.e o mojor cf f ecl to ex-isling transportation s, ysiems? ....................... Yes X No 12. Will pr6ject regularly cause objectionable '- .... odoxs,.noile, glare, vibration, or e!ec'trical . · ~-' disturbance os o resull of the project's-- opera, ion? ...... · . -' - .... Yes X No 13. %'!ill'pro'Ject hove on), impact on pulolic health '' - or.safety? .................................... Yes X No 1~. %'lill p~oj'ect effect the existing community by.' ' ' '.. directly causing o growth in permanent population of more then 5 perccnL over a one year period or hove o major negative effect '-' on the character of the community or .,. '" neigl~borhood° Yes X No 1'5'.. Is there public controversy concerning the QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WI H YOUR APPLICATION FORMS TO THE BOARD O~ APPEALS 'Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any luestions 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 YN~ seaward of area under construction? Yes Are there any areas which contain wetland grasses? /- z (Attached is a list of the wetland grasses defined by~ Town Code, Ch. 97 for your reference.) ~J~~~it~ No Are there existing structures at or below ground level /~'A~, such as patios, foundations, etc? ' ~ No Are there any exis.ting 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. No Ye s/d/~ No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes Yes ~ Are there any building permits pending on this parcel (or abutting land under 'your oWnership, if any)? State Permit // and Nature: Yes Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): ,es Yes (J~ Yes Yes Planning Board Town Board Town TrOstees County Health Department Village of Greenport N.Y.S.D.E.C. · ~~~ Other / Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of'sale. (from contract)· Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ 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? Please list present use or operations conducted.upon the subject proper~y at this time ..' ~ ' and proposed Ja~.~~~~~ . . / ~ ~ ' _ )l 3. e~s) No 'I certify that the above statements are true and are being submitted for reliance by the Bo~.~s~dering my.application. Signature ( .... ~:;;~-~,;; .... ) ('Adt ho r i zed -A-gent ) 3/87 1 k ~l~Yl~~~dethe ~.- dayof January ,-;-eteenhu~dredsnd seventy II RITA M. PASCUA and MURIEL PASCUA, bot~. residingtat No. 258 Hall Street, Brooklyn, New York, 11205, as ~oint Tenants and not as Tenants in Common, with Right of Survivorship, CHARLES A, BURST amd CAROL M. BURST, his wife, both residing at 7 Chatham Place, Huntington, New york, party of the second part, " -, .1 WITNF.~SETH, that the party of the first part, in consideration of Ten ($10.00) --dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second pa~, does hereby graat ~-d release unto the pasty of the second part, the heirs or successors and ~signs of the party of the second par~ forever, /%I-L timt certain plot, pk'ce or parcel of land, with the buildings aad improvements thereon erected, situate, ly~gand~i~ at Bayview in the Town of Southold, County of Suffolk and State of New,York, bounded and described as .Follows: BEGINNING at a monument on the southeasterly line of a 16.5 foot Right-of-way at-the ~'o'rtherlY"corner of land of ~illiam Bogey and the westerly corner of land of the pa~ty of the'ff~'rst par~; from said point of beginning running along said southeasterly line, North 46 degrees 38 minutes and 50 seconds East 35.0 feet to a monu- ment; thence along said land of the party of the first part, South 22 degrees 56 minutes 10 seconds East 160.0 feet to ordinary high water mark of Corey Creek; thence along said high water mark, South 22 degrees 36 minutes 30 seconds West 67.14 feet to land of Robert Bogey; thence along said land of Robert Bogey and along land of William Bogey, North 18 degrees 30 minutes 00 seconds West 195.40 feet to the point of beginning. TOGETHER with a Right-of-way 16.5 feet in width, the easterly and southerly lines of which are described as follows: BEGINNING at the westerly corner of the premises herein above described and running N. 46 degrees 38 minutes 50 seconds E. 197.0 feet; thence S. 64 degrees 43 minutes 50 seconds E. 119.32 feet; thence S. 86 degrees 30 minutes 00 seconds E. 50.0 feet; thence N. 25 degrees 16 minutes 10 seconds E. 459.87 feet to the southerly line of Bayview Road. ' ..... TOGETHER with any other rights of way to which the party of the first part may be entitled, if any. REAL ESTATE ,,,~,,. STATE OF * .... ~ , · MeetJn3 Date: Sept. 21, 1989 Appeal No. 3865 ~ Members Absent, if any: Applicants: Charles & Carol Burst ¢ .. Relief requested and kocation: Construct addition with insufficient side and rear- yard setbacks (R-40 Zone) 705 Windy Point Rd. Charles Serge James Gerard Joseph SouthOld 87-4-6 Grigonis Doyen Di ni zi o Goehringer Sawicki , Resolution made by: Seconded by: ¢ ') ( ) ( ) ( ) · ¢ ) ( ) ( ) ( ) ( ) ( ) ACTION: ( ( ( ( ( Approve as applied Deny as applied Deny without prejudice Deny Subject to County Plannin9 Referral Subject to Plannin9 Board approval Subject to D.E.C. ) Withdrawn Without Prejudice as requested ( ) Approve with the following Conditions: [~] [3] [41 Prior application conditions applical[ .i i [ ] This Variance is temporary for a maximum period ) Special Exception criteria appli¢of two years, EXCEPT NOTES: ] where the progosed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other legal conveyance to reflect the subdivi- sion lines accordingly. a building permit has been properly issued and construction commenced ............. within this limited two-year period. VOTE OF THE BOARD: Ayes: ( ) CG Nays: ( ) CG Abstain: ( ) CG Absent: ( ) CC Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) SD ( ) JD ( ) GG ( ) JS ( ) SD ( ) JD ( ) GG ( ) JS ( ) SD ( ) JD ( ) GG ( ) JS ( ) SD ( ) JD (. ) GG ( ) JS ) by majority vote MATCH I0 96.0 ~ 3.e 4(c) IQ04 i'C) ,E,,,. / c~UNTY OF SUFFOLK ' I_~,._o/ sou _ ~_o,_~._.: ~ .........~ ,...~ , , ,,.w ','o,~ ~,, .... ,:.-., .... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of CHARLES A. & CAROL M. BURST to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~Special Exception) (Special Permit) (Other) [¢±rcle choice] :2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows' 705 Windy Point Road, Southold, N.Y. Suffolk Co. Tax Map: Dist. 1000, Sec. 87, Block 4, Lot 6 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4. That by such Petition, the undersigned will request the following relief: variance from side and rear yard ~fbm~_~ r~quirom~n~S. ) ) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III A Section 100-30 A. 3 [ ] Section 280-A, New York /own Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma}, then and there examine the same during regular office hours. {516) 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. Rudolph H. Bruer, Esq. Petitioner Owners ' Names: Charles & Carol Burst Post Office Address Main Road, P.O. Box 1466 Southold, N.Y. 11971 (516) 765-1222 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECE'IPTS ADDRESS Mr. and Mrs. Herbert Lindtveit Gertrude Kuck William M. Boger 634 Adams Place West Hempstead, N.Y. 11511 10 Stonehenge Road Manhasset, N.Y. 11030 1425 Bay Shore Drive Englewood, Florida 34223 =00 Hawthorne St., Lot 8 ~rasota, Florida 34239 LA. LU CjB61. aunr '00Bt: tu~o:l Sd Mary. Diana Foster , residing at1035 McCann Lane, Greenport, N.Y. , being duly sworn, deposes and says that on the /,.2_c;L day of F4e f, cl~ec'~//o~t , 1 9 89 , deponent mailed a true copy of the Notice set forth on the re- verse side h ed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold, N.Y. ; that said Notices were mailed to each of said persons by (certified) ~ mail. Sworn to before me this Notary Public OONNA M. L'%IITUK NOTARY PUBU ~. State of New York No. 4851459, Suffolk Coun~7~a Term Expires August I8, 19.Z~' (This side does not have to be completed on form transmitted to adjoining property owners.)