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Home My WebLink About3740 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ,~C~Z.~T J. DGUGLA33 JOSEPH H. ~AWiCKi 2:=ss 9~. n!zi o, ,3r. ACTION OF THE BOARD OF APPEALS Upon Application of CAROL A. MAGUIRE for Variances to the Zoning Ordinance, Article III, Section 100-32, for placement of an accessory building in an area other than the required rearyard, and Article XI, Section 100-119.1, for the placement of a fence in the frontyard area in excess of the maximum-permitted four-foot height requirement. Location of Property: 2500 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-12-14.1 (prev. 14 and 13). WHEREAS, a public hearing was held on August 18, 1988, in the Matter of the Application of CAROLE A. MAGUIRE under Appeal No. 3740; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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. This is a request for Variances: (a) under Article III, Section 100-32 for permission to place accessory building approximately 29 feet from the private right-of-way, or southerly (front) property line, and approximately 10 to 15 feet from the westerly (side) property; and (b) under Article XI, Section 100-119.1 for approval of fence in the frontyard area at a height (in portions) above four feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 104, Block 12, Lot 14.1, and is a corner lot as defined by Section 100-13 of the Zoning Code, with frontage along three streets: Nassau Point Road, Vanston (or Old Cove) Road, and Broadwaters Road, at Nassau Point, Cutchoque. 3. The premises in question contains a total area of 1.13 acres and is improved with a single-family dwelling, as more particularly shown on the survey map prepared May 5, 1970 by Roderick VanTuyl, P.C. ?age 2 - Appl. No. 3740 Matter of CAROL A. M3%GUIRE Decision Rendered September 16, 19~8 4. Article III, Section 100-32 of the Zoning Code provides for the location of accessory buildings to be only in the required reyard. 5. For the record it is noted: (a) that the principal dwelling structure is shown on the sketched survey with a setback of 29+- feet from the front property line along Old Cove Road, a distance of approximately 26 feet from the garage area of the existing dwelling structure; (b) rearyard area, streets. that the premises is unique as to its limited particularly due to its frontage along three town 6. It is the position of this Board that in considering this application: (a) the relief as alternatively granted is not substantial and is the minimum necessary to afford relief; (b) the relief as alternatively granted will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the following alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT: (a) a Variance for the location of storage shed (total combined size as given 10' x 20') at a proposed height not exceeding eight feet, for storage purposes accessory to the existing residential use of the premises, as alternatively noted below, and (b) a Variance for the excessive height of the fence structure, as exists at a maximum of five feet, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory storage building: (a) be located from the westerly front property line along Old Cove Road not closer than 50 feet, and shall be screened with evergreens along the building side facing Old Cove page 3 - Appl. No. 3740 Matter of CAROL A. MAGUIRE Decision Rendered September 16, 1988 Road; than 10 (b) from the southerly rear property line not closer feet and not farther than 30 feet; (c) the side property line be not closer than 10 feet, as requested; (d) be used for storage purposes incidental and accessory to the residential use of the premises; (e) not be enlarged or expanded without further application to this Board; (f) not exceed one-story height. 2. That the fence be screened with evergreens (or similar) at a minimum height of three feet, close enough to allow proper growth and sufficient screening {approximately five feet apart is recommended}. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) This resolution was duly adopted. lk THE SOUTHOLD TOWN C~K ~ DATE /o/z~/~ ~:~?/a Town Clork, Town of Soutkc.ld GERARD P. GOEHRINGER CHAIRMAN NOT. ~CE OF HEARINGS NOTICE IS HEREBY GIVENs oursuan~ to Sectio~ 267 of the Town. Law and the Code of the Town of Southold, the flllowing hearings will be held by the SOUTHOLD ~OWN BOARD OF APPEALS at a Regular Town Hall, 'Main R~a~, Sc 1'988, at the followin_!_~J~] No. 3740 CAROL ~AGUIRE. Article III, Section 100,3 Meeting at"the SouEhold on THURSDAY, AUGUST ]g, ~~7.-35 p.m. gppl. the Zoning Ordinance, other than the required rearyard. Location of 460 Private Road #8, East Marion, NY; County Tax No. 1000-23-1-3.2. uthold, NY l1971, imes: Variances to for the placement of accessory building in an area ~ther than the required rearyard, and Article XI, Section lO0-119..1, for the placement of a fence in the frontyard a~ea"'~/ excess of the maximum-permitted four-foot height requiremert. Location of Property: 2500 Nassau Point Roa~, Cutchogue, NY; County Tax Map Parcel No. lO00-104-12-14.1, i~ 7:40 p.m. Appl. No. 3750 - SEYMOUR AND MER~E LEVINE. Variance ~o the Zoning Ordinance, Article III, Section 100~32 for placement of an accessory building in an area Pr)perry: ~ap Parcel 7:45 p,m. Appl~ No. 3751 JEAN ONGNECKER. Variances to the Z6ning Ordinance, Article III, Section ]00-31, Bulk Schedule, for approval of proposed P~rcels A and B having insufficient area and width. LocatiOn of / Property: Sunset Road, Beach Lane, and Lowland Rdad at Nassau Point Map Section C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutcho§ue, NY; County Tax Map ~arcel No. lO00-1il-lO-lS, l, and 2. Page 2 - Notice of Hearings Regular Meeting August 18, 1988 Southold ToWn Board of Appeals 7:55 p.m. Appl. No. 3753 - VINCENT GEROSA. Variance to the Zoning Ordinance, Article XI, Section lO0-119.£A, for per= mission to construct additions to existing dwelling with an insufficient setback from the top of bank or bluff along the Long Island Sound. Location of Property: 31~ Aqua¥iew Avenue, East Marion, NY; County Tax Map Parcel 'No~ 1-000-21-2-3~ 8:00 p.m. Aopl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT'SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article I~I,..Section'.lO0£30C, for permission to erect off-premises-directional-sign. Location of Property: So-uth Side of the Main Road-(S.R. 25~ Sou%hold~ NY; County Tax Map Parcel No. 1000~75-06-7.3o 8:05 p.m. Appl. No, 3Y56V HENRY J. SMITH AND THE COVE AT SOUTHOLD, INC. Variance ~o the Zoning Ordinance, Article VI, Section 100-60, for permission ~o erect off-premises- directional-sign. Location of Property: South~Side of the Main Road (S.R. 25~, Southold, ~Y; County Tax Map Parcel Noo 1000-70-07-007. (Business-Zone District). 8:10 P.m. Appl. NO. 3744 ~ WILLIAM BAXTER~ JR. Variances to the Zoning Ordinance, Article III~ Section lO0~3t~ Bulk Schedule, for approval of insufficient area and width of lot in a proposed set-off 5o be considered by the Planning Board. Location of Property: Private right-of-way extending off the north-side of Oregon Road~ Cutchogue~ NY; County T~× Ma~ Parcel No. 1000-72-2-2.1 and 3. 8:15 p.m. Appl, No. 3754 - ~NDR~E AND__~HOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section lO0-30A for permission to utilize existing barns for storage of general items (instead of agricultural storage) and use as an alternative under New. Y~rk Town La~, Section 280-a existing driveway for access. Location of Property: West Side of Depot Lane, Cutchogue, NY~ Diszrict 1000, Section 96, Block 5. Lot 1.2 and part of 1.1-. Dated: July 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEBRINGER, CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ..... ~,.~.. ........... , 19 ~ PLEASE TAKE NOTICE mat your app~cation dated .... .~/~.~ ............. , 19 ~. Location of ProPerty .,~Q~ ..... ~~.. ~. ~ '. ........ ~~ County T~ Map No. 1~;~e S;;ion ....... Z~.~. Block ~'.gY~[..~:.~ .... Lot . .[~/.....~,ommr. Subdivision ................. Filed Map No ................ Lot No .................. is returned herewith and disapproved on the follow~g ~o~ds .~ ~.. . ~¢:Z/~/ ~ ~ ...... ~ ¢~~-~.~ ~4~ ....~.. ~... ~.~.~.. z~.~.: ~., ...... ~~..~~ ~. ~~:..~ ..:.~ .... ~..~f~'...~. Rv 1/80 .dkn~ct ' .. ~ ~' ~ ~[ ~ V ~ ~ .~ TOWN OF $OUTHOLD, NEW' YORK TO THE ZONING BOARD OF APPEA~, TOWN OF S~THOLD, 1, (We) ......~ ..~.~ ~.~.....~.:..~.~ ~ .~..~ R.~.. of Name of Appella,nt .................... ............................................. ~un c'p~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF APPLICATION FOR PERMIT NO ..................................... DATED ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .......... ..,~...,~,..0,...O......~...~.,.~. ~..~....Q{.......~..:....~.:.:, Street and Number Municipa PERMIT TO USE PERMIT FOR OCCUPANCY APPEAL NO. ~ ~ ~//C7) treet and Number ........ HEREBYstot{/ APPEAL TO rilE BUILDING INSPECTOR ON .............. ................. Street /Hamlet// Use District on Zoning ~ap District 1000 section/o~/B1 ack/4 Lot/~./. ..... . ~.,.eJ ~.~'. ~ ~.. ~"]~ Map No. Lot No. P~JOC 0w~e~ ~~ ~ 1~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED I section and Paragraph of the Zoning Ordinance by number. Do n( 3. TYPE OF APPEAL Appeal is made herewith for (please (~v4j A VARIANCE to the Zoning Ordinance ar Zoning Map ( ) A VARIANCE due to lack of access (State of New York Art. 16 Sec. 280A Subsection 3 () 4, PREVIOUS APPEAL A previous appeal (h~(has been of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance Indicate the Article Section, Sub- t quote the Ordinance.) check appropriate box) Town Law Chap. 62 Cons. Laws lode with respect to this decision and was made in Appea.l No ................................. Dated .................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that l~orn~ ZB1 (Continue on other side) REASON FOR APPEAL ' Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficuJtie$ or unneces- sary HARDSHIP because "/f-~'~-~ "~ ~'~7 /~7c//e ~-~ ~/~/~c~ ~:'~ ~;$~ 2. The hardship created is UNIQUE (;nd is not shared by ali properties e~ike Jn the immediate vicinity of this property and in this use district because "'-~ 3. The Variance would observe the spirit of the: Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTraCT be~a.se ~e -~e~e ~ ~-~.~ ~ ~orW STATE OF NEW YORK ) ) ss COUNTY OF/~2~.~'~--~ ) Sworn to this ~d~Y'~' day ~.~ Notary Publi~ MARY ANN CYBULSKI ~O~,~¥ 9UBLtC State of New Yor~ ~esidmg ~n Suilolk County No 52-5895900 /~e-;~i-t~..~**i4.~'TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST, SUB. LOT 'q FORMER OWNER ' N E AC~.. I- S W TYPE OF BUILDING RES.~2/O SEAS. VL ~ FARM COMM, CB. MISC. Mkt. V~lue AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre V~lue Per Volue Ac~e Tillable Tiil~ble 3 Wood'and Swampland FRONTAGE ON WATER Brushlond FRONTAGE ON ROAD ,,%V" O / * House Plot DEPTH / ? 6" ,'* BULKH~D - - I~OCK Exte~s~on Extension Porch Breezewa~y Patio Total COLOR TRIM //]/4 ~?dation 6~sement Ext. Walls Fire Place Type Roof tion Room Driveway Floors ~ er,or Finish Heat Rooms 1st Floor Rooms 2nd Floo Dinette; / ') ,/ LOT- SU~V~h'~D FOZ NF\VTON 2..~AUL~NB~ SITUAT~ · NOT[, SC~L~. 50'= I" 1.13 AC2 [-S Vi~N TUYL a, SON _._ '_F-="Z.-_ .-= :'[:-.=:..~' ...... , DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING November 1, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Co~anis$ion 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) w~Carol A. Maguire Seymor & Merle Levine The Cove at Southold (Henry J. Smith) Tony Scarmato, Inc. John J. Jessup Denis O'Brien Municipal File Number(s) 3740 3750 3756 3759 3763 3764 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlC½[ James Dinizio, Jr. Pursuant to Board of Appeals the fo]]owin§ to ×× Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: Variance from the Zoning Code, Article III, Section 100-32 and Article XI , Section 100-119.1 Variance from Determination of South6ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3740 Applicant: Carol A. Maguire Location of Affected Land:2500 Nassau Point Road, County Tax Map Item No.: 1000-12-14.1 Within 500 feet of: Town or Village Boundary Line Cutchogue, NY ×× Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or __. Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Land 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 place an accessory building ~J~ area other than the required rearyard, and placement of fence in front- y~ in excess of the maximum-permitted four foot height requirement. Copies of Town file and related documents enclosed for your review. Dated: October 27, 1988 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ~lames Dinizio, ~lr. Mrs. Carol A. Maguire 2500 Nassau Point Road P.O. Box 1027 Cutchogue, NY 11935 October 17, 1988 Re: Appl. No. 3740 - Variance Dear Mrs. Maguire: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. Please be sure to return to the Building Inspectors' Office for other actions or permits which are appropriate. A copy of this decision has also been furnished to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning WA# IC or OC Date: /% NASSAU POINT PI~OPI='RTY OWNERS ASSOCIATION P. [3. Box 346 Mr. Gerard P. Goehringer, Chairman Board of Appeals ~own of Southold Southold, N.Y. 11971 Dear Mr. Goehringer: The Nassau Point Property Owners Association (the Association) has noted a hearing on application for variance No. 3740 by Carol Maguire on the placement of an accessory building and for the placement of a fence in excess of the four feet height requirement, all in violation of the Town Code. The Association has reviewed the aoplication in this case and also the actions that the Associati'on has previously taken on the subject property and has the following comments: The storage sheSand fence are presently in existence and violate the Town Code and it is presumed that this appeal for variance is to allow them to remain in their present locations. After numerous complaints from Association members on this property involving storage sheds, storage of num- erous boats, automobiles and recreational vehicle, the Association complained to the Building Department. This Department in their letter to the Association of May 18,1988 stated that the fence, boats and storage sheds would be made to comply with the Town Code The location of this property is at the entrance to Nassau Point and is in full view of all entering onto the Point and this causes the many complaints the Association has received. Boats are stored year around and not just seasonally. Under the Town Code, it is understood that accessory buildings cannot be placed in front yards as these are but must be placed in the backyard area. The application for variance states that this is not practical but it certainly is if the stored boats would be legally relocated or moved off the property to make room in the backyard for the sheds. The fence on the east side of the property was added recently and while it violates the Town Code it also is not compatible with the other properties in the immediate area. 5. On the west side of the property facing Vanston Road and adjacent to the illegal storage sheds, there is in effect another fence made of logs which is probably higher than the Town limit of four feet. In effect, the general result of the conditions described above is a property which is being used as a storage area with all sorts of flimsy storage sheds, unattractive fences and collection of motor vehicles and boats. The Association hopes that the Board of Appeals will deny this variance request ss that the Building Department, the Association and the owners of the property may confer and reach agreement as much as possible on a way to accomplish the goals of all parties. Thank you for the opportun~ts of commenting on this appeal. Very trul~s, Robert 6$Yeger, President. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS AUGUST 18, 1988 Appeal No. 3740 Matter of CAROL b{AGUIRE Location of Property: 2500 Nassau Point Road, Cutchogue County Tax Map ID No. 1000-104-12-14.1 Board Members Present: Gerard P. Goehringer, ~rigonis, Jr., and Joseph H. Sawicki. Absent was: Member Doyen of Fishers illness). Island (due Chairman; Charles to family Also present was the Assistant to the Board, Linda Kowalski, the Applicants and approximately 80 persons in the audience. The Chairman oppned the hearing at 7~35 p.m. and read the notice ofhearing as published in the official newspapers of the town. CHAIRMAN GOEHRINGER: I have a copy of the survey in the prior o%~ners name dated May 5, 1970 on behalf of-Robert VanTuyl and Son. And I have a copy of the Suffolk County Tax Map as indicated. Is there somebody who would like to speak on behalf of this applica- tion? This is the Maguire application. How do you do? MS. MAGUIRE: I'm Carol Maguire. CHAIRMAN GOEHRINGER: Is there something you would like to say? MS. MAGUIRE: First of all, I've never been to a Zoning Board be- fore. So I don't know what the procedure is. Secondly, I'm sorry that I'm first on the agenda. I would like to have seen somebody else come up first. But since I'm number one, I'm here. I would like to say that the fence and the storage accessory building there is already in place. And I wo61d like to preface it with an expla- nation of why I'm going for a variance after the fact. We purchased our house three years ago, placed the metal storage building in its present location. W~re unaware that it was illegal for a variety of reasons. Number one, if you lo'ok at the map, you'll notice that we have three frontyards. Well, we didn't know that when we bought the house. When we bought the house, we figured the front of the house is the frontyard, the back of the house is the backyard and the sides of the house is the sideyards. So we placed it in what we considered our backyard. And where we use to live, you only needed a building permit that was on a permanent foundation, on a cement foundation. So these are metal sheds that are not on a per- manent foundation. So therefore, we did not apply for a building permit. The fence also was ignorant on our part. The fence is well witl~in the property line. It's anywhere from 38 to 84 feet within the property line. And where we lived previously, you only needed a building permit for a fence that was on the property line or ob- structed the view of traffic like on a corner plot. So the first that we knew that we were illegal was when we got a letter from the Building Inspector in May and our first reaction was that he Page 2 Matter of Carol Lire Transcript of Hearing - August 18, 1988 CAROL ~GUIRE: Continued meant the accessory building that was therewhen we bought the house. Because when we bought the house, that had not gotten a building permit or a c.o. and money was left in escrow until that was cleared by the previous owners. So we said well, they .~ didn't get that information. So my husband came in with a c.o. and a building permit for that building. Then of course, we fo6nd out that we have three frontyards and that we have-a build- ing ih the ba~k frpntyard. Now, we call it~the fro~t frontya£d,~the side frontyard and the back frontyard. First we were just g6ing to correct it and then we thought we'd apply for a variance. ~And up until this past Monday, I did not expect too many problems with the variance. But on Monday I was given a copy of a letter from the Nassau Point Property Owners Association .which you probably have. And I think that a lot of the things in here are a little misleading and I wOuld like to address myself to that letter. May ~ do that? CHAIRMAN GOEHRINGER: Sure. MS. MAGUIRE: The first statement there, number one is correct. Number two, they have words in here that I'm not quite sure what they mean. It says after numerous complaints from association members on the property.~ Now, I don't know if numerous complaints are many people or the same people giving the complaint many times. Is it ten people or a hundred people? I was never contacted by anyone from the Nassau Point Property Owners Association to advise me that there was complaints being registered. Then it says in- volving sto~age sheds. ~ Well, the accessory building that is in our front frontyard has been cleared and okayed by the previous owners. The accessory-building that's in question on the variance, is in the back. And when I came in to apply for the variance, I explained that it was two buildings attached to be one building. So therefore, it was put through as one accessory building. So we're really only talking about one,accessory building here. And it's 20 feet wide, 10 feet deep, 7 feet high. And then we have storage of numerous boats. Well, we have a Boston Whaler and an Oday Marinar which we use. The Oday Marinar has not been used for various reasons for the past two summers but they are boats that we use. They've been in our possession for over 25 years. We're not storing other peo~te's boats by any means. It also says numerous automobiles. We have two vehicles. My husband has a pick-up truck. I have a station wagon. My daughter lives with us, has a car but she's not home all the ~ime. I would call her only like semi-per- manent. So there are three cars. I don't know if that's numerous vehicles. My son comes home from college. He lives with his brother in the summertime that comes out on weekends. So occasionally, his car might be there. The recreational vehicle is not a bi~ motor home. It is one of these square high low things with a box. We did store it outside under a blue tarp. And in May when we found out we were so objectionable to the area, we stored it in the ga- rage. It's been stored in the garage since May. I'm going on to number three. Again, they said that we are in full view of every-~ one that's entering the point. That's true. We live on a little ~ge 3 M~ Matter of Carol ire Transcript of Hearing - August 18, 1988 CAROL MAGUIRE: Continued piece of~lahd tha%'s between Vanston and Nassau Point Road. So anybody that comes on to the p6int either has to pass the front front or the back front. And the boats are stored year around '- and not .just seasonally. I really don't understand what that means. These are our personal boats. We do use them. 'ye don't just .... The Oday Marinar was originally kept at our summer home up in Maine and we brought it home two summers ago and it may go back up to Maine again. It says here also in point number three, the last sentence; the application for variance states that this is not practical but it certainly is if the stored boats would be legally relocated and moved off the property and so forth to make room for the shed. Now, I don't think it is practical for us to move it into what is the side backyard. It's a very small area. It's presently a ~rasberry patch which we're going to do away with because we find out now that we need that ar~a. It's possible to move the shed but to me, it's more practical where they're situated. That's where we choose to put them in the first place before we knew it was illegal. Comment number four; it says that the fence is not compatible with property in the immediate area. On Monday after I received this letter I just took a ride down Nassau Point Road and I found three properties that have over 4 foot stockade type fences. Not just on their property in the way ours is but actually on the boundary of their property in %he~frontyard. What would be considered their front- yard. So our fence is barely visible. '.I think it was more visible when it first went up last April because it was new wood and the ._ new wood stood out amongst the trees. As i~'s weathering, you ca~ barely see it. I took some pictures which I put in the folder there and those pictures were taken. I had to walk into the property on to the woods to get those pictures. Because from the road, you can't really see it. On point number five, they make reference to a wood pile. Yes, we do have a wood pile. We had gotten some free wood which we're seasoning. We use a lot of wood for our fireplace. And in order for'it to air Idry, we piled it in a very neat pile. I see piles of wood still from Hurricane Gloria just in a mess. Ours is piled very neatly, very evenly. And it is 42 inches. We measured it after we got this letter. And the wood will be used eventually. I would say there's about two inches worth of wood in that pile. The summation paragraph, I took ex- ception to because I think it really makes our pr6perty sound as if we have junkyard there. I would be ashamedJto ~ive ther~.~f it really looked like this. It says the general result of the conditiohs described above,, is a property which is being used as a storage area with all sorts of flimsy storage sheds, unattrac- tive fencing and a collection of motor~vehicles and boats. That is pretty strong. And then the final paragraph, the association hopes that the Board of Appeals Will deny tQis variance request so that the Building Department, t~e assoclatzon and the owners of the property may confer and reach agreement as much as possible. ~gge 4 ~ Matter of Carol ire Transcript of Hearing - August 18, 1988 CAROL MAGUIRE: Continued May I say that ~ am a member of the Nassau P6int Property Owners Association and never once did I get a phone call from these num- erous and many complaints. I am very hurt by that. I think it would have been a courteous and neighborly, if when the associa- -~ tion received these complaints, ~ had been notified. I certainly don't want to disturb the neighborhood or offend anyone. And I would have gladly complied With whatever they had suggested. CHAIrmAN GOEHRINGER: Can I just ask you a couple of questions? What is the purpose of the fence which encloses the .... ? MS. MAGUIRE: As a privacy screen around that building there. My husband uses that building that was put there by the previous own- ers as his workshop. He's a hobbyist. He makes picture frames for me and repairs lamps and so forth, He has his machinery in there and tools. And he just wanted to put up a little fence around there for no particular reason other than his own benefit. He did not think it would offend anyone. CHAIRMAN GOEHRINGER:' And the storage .... MS. MAGUIRE: The only thing that I must say to be very very truth- ful; we had on our boats, these blue tarps which I don~t like these blue tarps. And when my husband put the blue tarps on the boat, I said gee. The blue tarps are terrible. He says; well, I hunted all around for khaki colored ~nes or beige and they don't make them. They just have the blue tarps. And he said he didn't .... We have a very wooded piece of property and the boats are underneath the trees and he didn't want the oak trees staining the boats and so forth and that's why we had the blue tarp. Now in May when we found that this was offensive, we put them in the rasberry patch. So hence, the boats are now in the rasberry patch where I don't think they can be seen too easily because of the woods around. So they have been relocated. CHAI~.~N GOEHRINGER: As for the storage building, do you have any objection of screening those from the road with either plantings or anything of that nature? MS. MAGUIRE: Not at all. Actually, if you look at the pictures... If you just drive by down the road without trying to really look for something, you really don't take notice of those buildings. If you slow your car down and you strain and you look, then~ou can see them through the trees. They're in quite a bit from the road if you look at the dimensions on the map there. They're about 29 feet in from the property line and there's like a buffer zone between the property line and the road of about 4 or 5 feet. So it's like over 30 feet in and it is wooded. The front of the build- ings face our backyard. I look out my kitchen window at them. I don't consider them flimsy or unattractive. I look at them all the time. I had made a list of what we store in there if that's of any interest to anyone. CHAIRMAN GOEHRINGER: You can give us a copy if you wouldn't mind. ~age 5 Matter of Carol lire Transcript of Hearing - August 18, 1988 MS. MAGUIRE: Well, I just wrote it by hand but I can turn that in. CHAIRMAN~OEHRINGER: Ok. That's fine. MS. MAGUIRE: I just have the contents of these buildings. I hope~ you can read my writing because I just jotted this all-down this afternoon. - CHAIRMAN GOEHRINGER: Ok. We thank you. We'll see what develops throughout the hearing. Is there anybody else who would like to speak in favor of the application? Anybody like to speak against the application? Is there a spokesperson from the Nassau Point Property O%maers Association or whatever? How do you do sir? MR. BAKER: I'm the person who signed that letter. I'm sorry that Mrs. Maguire feels that we're being harsh on this issue. We have had numerous complaints. What numerous is is that in upwards of 20 calls that we have received, directors have received regarding this. And admittedly at this time of year, the sheds and the fence is less noticeable than it is in the Fall. It is a wooded piece of property. When the Spring and Summer is here there is foliage around, it is less noticeable. It is in the Winter and the Fall that the storage buildings, there are three of them. And individual- ly if you look at these things it doesn't sound like it's very very important. But when you add three storage buildings and four boats and four vehicles that are immediately at the access of Nassau Point, it really does become an eyesore. And I think that's what the property owners have been complaining to me about and that's why we asked that the variance be denied. CHAIRMAN GOEHRINGER: In total the variance be denied? What is your feeling regarding the fences or the fence? MR. BAKER: The fence really didn't do anything as far as helping the property. We assume that when the fence went up, it was used to disguise the boats or the sheds or hide them. Our sense is that it just made matters worse. The same thing could have been accomp- lished with plantings as somebody had suggested. CHAIRMAN GOEHRINGER: Thank you[ like to speak. Yes sir. Is there anybody else who would MR. SLATTERY: Vice President of the Association. And I'd like to speak to Ms. Maguire's point about not having contact with us. Be- ing a long standing policy of the association to ask the town to enforce the zoning laws and that's exactly what we attempted to do in this case. From the complaints that I received, the straw that seems to have broken the camel's back is the arrival of what I would describe as a 30 foot panelled truck about the size of the George Braun oyster truck which remained on the property for an extended period of time in excess of 90 days. That brought rumors that busi- ness was being conducted on the site. As to one of the buildings Rage 6 a~i Matter of Carol M re Transcript of Hearing - August 18, 1988 MR. SLATTERY: Continued that was spoken about by ~,~s. Maguir~ be temporary in nature and not having a foundation, I would hasten to add that the building has a chimney on it, has electrical service and has outdoor and indoor lighting. And I think that that should be brought ou~ and considered as part of the application~ CHAI~%~N GOEHRINGER: But that's the building that's lega~ Mr. Slattery. MR. SLATTERY: I'm not exactly sure wha~ is legal and what'is not. CHAI~4AN GOEHRINGER: Well, that's the'one that she claims she has the c~o. for and Iim looking at one right now. I didn't review that. But again, the nature of this particular hearing is the fence and the two storage buildings which I would basically refer to on the west side of the property. The storage building. So, thank you. Is there anybody else who would like to speak against the application? In rebuttal Mrs. Maguire. ~ I have to ask you. I don't know why I'm so tongue tied tonight. I've got to apologize. MS. MAGUIRE: I'd like to explain that panel truck. That is my son's truck. He lives in Jericho. He was bringing the wood out for the wood pile and he broke down in Riverhead by Carl's Nursery there. We towed him as far as our property and it took him about two weeks to get the truck running and it was not there more than three weeks. The idea of 90 days is ridiculous. He needed that truck for his business. He's in the trucking business. He could not have afforded to have left it on our property for that length of ~ime. He would have been out of business. CHAIR~N GOEHRINGER: Thank you. Is there anybody who would like to say anything either pro or con regarding this hearing? The only question that I would like to ask the president if I might, where do you propose~the storage sheds be placed or relocated? MR. BAKER: Where the boats are. CHAIRMAN GOEHRINGER: house supposedly? That's in the rasberry patch in back of the MR. BAKER. That's the side that's least visible. CHAI~N GOEHRINGER: Sir, you had a question. MR. ROMMAN: I'm a neighbor. I live down Vanston Road. It seems to me.that we have a long series of procedures that we have to go through to get a legal building permit. Just adding on to my house 1 went through 9 billion inspections and had a building permit, cer- tificate of occupancy. If you can just wai~ into this committee and make everything legal by moving a building around or talking about a fence, then what's the point in the rules. And we all do it that way. The remedy is to take it out. Move it. Page 7 ~4atter of Carol ~ire Transcript of Hearing - August 18, 1988 CHAIRMAN GOEP~RINGER: Thank you sir. Hearing no further comment, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of [lie BuiJding Inspector Town Hall Southold, N.Y. Certi[icate Occupancy No. Z13210 Date February 11 19~ Accessory storage building. THIS CERTIFIES that the building ....... ' ~ .................... 2500 I~ as s a.u Location of Property ................. Street ' ' ' Hamlet House No. County Tax Map No. lO00 Section . .1.0. ~ ....... Block .... 1. ;~ ......... Lot ] ;~..~. · ] ...... Subd[vislon ...... Nas~au.................?o±~t Club ?rep. .Filed MapNo ......... Lot No..~.7.,7..~...~.7.~.. conforms substantially to the Application for Building Perndt heretofore filed in this office dated ·.. ~ .e.b.... 7 ............ 19 ~. pursuant to which Bhilding Permit No. ~.3 ~ 9.1 .~ .............. dated F e b. 11 19 .~.5. was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wlfich tt~s certificate is issued is ......... Accessopy a~;ora?e b.u..~.~.d.J:.;.',e~ ............... iqe~.~ton ~: & £ oi9..G... ?.a.u...l!<~?:r. .................. The certificate is issued to ..................... of the aforesaid building. N/A Suffolk County Department of Health Approval .......................................... .......... ~/ UNDERWRITERS CERTIFICATE NO ....................................... Building Inspector 1/81 LOT- 176 /AAP OF LAND DI2. Nr-\VTON E. FAULI4NEI2 SIT U.~T[ BAS7 ~. UTC.O&UE SCALE · ...E,O'= I" AI2EA= {.IB AC2E-$ VAN 'i(UYL ~, SOld Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD August 18. 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S .E .Q .R .A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION RCE2,~T .L J~,UGLA$~ 3OSEPHH. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3740 PROJECT NAME: CAROL MAGUIRE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sig~ifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Placement of accessory building in area other than rearyard and placement of fence in frontyard in excess of four feet. LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more particularly known Ss: 2500 Nassau ~oint Rqad, Cu~chogue 104-12-14.1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }[all, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DO'J'CLAS£ JOSEPH H. SAWICKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GOEHRINGER GERAi{D P. CHAIRMAN lk NOTICE OF it[ARINGS NOTICE IS ltEREBY GIVEN; pursuant t~.~a,fi~, 267 of the Town Law end the Codz of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Reguhr Meet- lng at the Southold Town Hall. Main Road, Se~thold, NY llg?l, on THURSDAY, AUGUST 18, 1988, at the f 7:35 p.m. Appl. No. 3740 -- J CAROL MAGUIRE. Variances J to the Zoning Ordinance, Art/cie, ] ~ Secxion 100-32, for the place* · meat of accesso/y building in an area other than the required rear- y~rd, and Article XI, Secl/~ 100- Il9.1, for the placement of · fence in the fromyard area in ex- cess of the maximum-permlrted four-foot height requirement. Location of Prope~y: 2500 Nassau Point Road, Culehogue, NY; ~.C~mly T~X Map Pm'eel No. ]04-12q4.1. 7:40 p.ra. AppL No. 3750 -- SEYMOUR AND MERLE LEVINE. Variance to the Zeding Ordinance, Article ]~, Section 100- 32 for placement of an accessory building in an area other than the required re·fy·rd. Location of Property: 460 Private Road #8, East Marion, NY; County T~x Map Parcel No. 1000-23-1-3.2. 7:45 p.m. Appl. No. 3751 -- JEAN C. H O L - LAND/LONGNECKER. Vari- ances to the Zoning Ordinance, Article I~, Section 100-J1, Bulk Schedule, for approval of proposed Parcels A and B having insuffi- cient area and width. Location of Property: Sunset Road. Beach Lane, and Lowland Road at Nassau Point Map Seclion C, Lots 327 and 328, and Wailer Grahle Map, 111-10-18, 1, and 2. 7:55 p.m, Appl. No, 3753 -- VINCENT GEROSA. Variance to the Zoning Ordinance. Article XI, Section 100-119.2A, for per- mission to construct additions to existing dwelling with an insuffi- Icient setback from the top of bank i0uOr bluff along the Long Island nd. Location of Proper~y: 315 uaview Avenue, Bast Marion. Y; County Tax Map Parcel No. 00-21-2-3. , 8:00 p.m. Appl. No. 3755SE -- TIMOTHY COFFEy AND THE COVE AT SOUTHOLD, INC. Special Faception to the Zoning ~rdinance, Arilcle IH, Section 100-30C, for permission w erect off-premises-directional sign. Location of Property: South Side Main Road (S.R. 25), Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. g:05 p.m. AppL No. 3756V -* HENRY J. SMITH AND THE COVE AT SOUTHOLD, INC. Variance to thc Zoning Ordinance, Article VI, Section 100-60, for permission to erect off-premises- directional sign. Location of Property: South Side of the Main Road (S.R, 25), Southold, NY; County Tax Map Parcel No. 1000- 70-07-007. (Business-Zone Dis~ict). 8:10 p.m. Appl. No. 3744 -- WILLIAM BAXTER, JR. Vari- ances to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for approval of insuffi- cient area and width of lot in a ,roposed set-off to be considered )y the Planning Board. Location ~f Property: Private tight-of-way ~Xtelending off the north side of gon Road, Cutchogue, NY; . . . . ?,... ~eunty Tax Map Parcel No. 1000-, 72-2-2,1 and 3, 8:15 p,m. Appl. No. 3754 -- ANDRE AND THOMAS CY- BULSKI. Variance to the Zoning Ordin~ce, Anlcl~ Ill, Section IO0- 30A for permission to utilize ttoXiSting barns for storage of gen- ral items (instead of agricultural rage) and use as an alternative under New York Town Law, Sec- tion 280-a existing driveway for access. Location of Property: West Side of Depot Lane, Cutchogue, NY; District I000, Section 96, Block 5, Lot 1.2 and part of 1.1. The Board of Appeals will at said time and place hear any and ~1 persons or representatives de- siring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. F~ch hearing will not start before STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) te time all~ucd. For more infor- mation, please call 765-1809. lated: Iuly 27. 1988. BY ORDER OF THE I oo~xD OF APPEALS GERARD P. GOEHRINGER, ' CHAIRMAN By Linde Kowalski i02?-ITA4 ' Christina Contento of Mattituck, In said County, being duly worn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, s 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 prlnted copy, has been regularly published In said Newspaper once each week for 1 weeks successively, commencing on the 4 day of Principal Clerk NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the ~ BOAR OF APPE~sLS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, ~lew York, 11971, on THURSI~AY. AUGUST 18~ 1988 at the following ,times: .~ e'~7:35 R.m. Appl. No. 3740. CAROL MAOUIRE. Variances to the Zoning Ordinance, Arti- cle Ill, Section 100-32, for the placement of accessory buildinl in an area Other than the re quired rentYard, and Article XI Section 100-119.1, fbr the place meat ufa fence in the frontyar~ area in excess of the maximum- )ermitted .four-foot hejght re- quirement. Location of Proper- ty: 2500 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-12-14.1. - ~ p.m. Appl. No. 375W. SEYMOUR AND, MERLE LEVINE. Variance to the Z~n- lng Ordinance, Article Ill, Sec- tion 100-32 for placement of an accessory building in an area otl~r than the requited rearyard. Locat, ion of Pi'operty: 460 Private Road No. 8, East Marion, NY; County Tax Map Parcel No. 1000-23-1-3.2. 7:45 p.m. Appl No. 3751. JEAN C. HOLLAND/ LONGNECKER. Varia~.~es ,to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for approval of pro- posed parcels A and B having insufficient area and width. Location of Property: Sunset Road, Beach Lane, and Lowland Road at Nassau Point Map Sec- tion C, Lo~$ 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutchogue, NY: County Tax Map Parcel No. 1000-111qO-18, I and 2. 7:55 p.m. Appl. No. 3753. VINCENT GEROSA. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2A, for permission to construct addi- tions to existing dwelling with an insufficient setback from the top of bank or bluff along the Long Island Sound. Location of Pro- perty: 315 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000.21-2-3. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TR'AVELER-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 ..................... -fi' ..... weeks successively, commencing on the ...................... day of :.' Sworn to before me this ............ ,~/ ~. day ot 8:00 p.m. Appl. No. 3755SE. TIMOTHY COFFEY AND " O D, INC. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30C, for permission to erect off-premises-directional sign. Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; Coun- ty Tax Map Parcel No. 1000-75-06-7.3. 8.'05 p.m. Appl. No. 3756V. HENRY'J. sMITH AND THE COVE AT SOUTHOLDt INC. Varinnce to the Zoning Or- dina/lee, Article VI; ~ection 1'00-60, for permission to erect off-premises, directional sign. Location of Property: South Side of the Main.Road (S.R. 25),. Southold, NY; County ~ Map Parcel No. 1000-70-07-007. (Business-zone District). 8:I0 p.m. Appl. No. 3~44. WILLIAM BAXTER JR. Variances to the Zonin& Or- dinance, Article I11, Section 100-31, Bulk Schedule, for ap- proval of insufficient area' and width of lot in a proposed set- off to be considered by the Plan- ning Board, Locntion of Proper- ty: Private right-of-way exten- ding off the' norfl~ ~de of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-72-2-2.1 and 3. Notary Public BARBARA FORBES Not~xy Publie, State of New York No. 48068/6 C Q.ual!fied in Suffolk County omml~s~on Exp/ros ~'~z~J/ 19~c~ 8:15 p.m. Appl. No. 3754. ANDRE AND THOMAS CYBU~.,SKI. Variance to the ZOning Ordinance, Article Ill, Section 100-30A, for permission to utilize existing barns for storage of general items, (instead of agricultural storage) and use ns an alternative under New York Town Law, Section 280-a existing driveway for access. Location of PropertY: West Side of Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. The Board of Appeals will at said time and place hear any and all persons or orePresentatives desiring to'be'~ard in each~of the a~ mat3ers. Written met, ts may also be subm~tteu prio~,~6 t~ia~clusi°n of ~e subject I!~a~ Each heal~g will not ~arti~efore the tithe allotted. For &0re information, please call 765-1809. Dated: July 27, 1988. BY ORDER OF THE souTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowaiski 1%8/4/88(6) Mailing List Hearings of August 18, 1988 Southold Town Board of Appeals Copies to the following on or about 8/1/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Mrs. Carol Maguire (Ha~d Delivery) P.O. Box 1027 Cutchogue, NY 11935 Seymour S. and Merle Levine 100 Bayview Avenue Northport, NY 11768 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, Esq., P.C. 12 First Street, Box 1330 Riverhead, NY 11901 As Attorneys for Jean Longnecker (Holland) J. Grant Harrison, M.D. 14 St. Paul's Place Garden City, NY 11530 (Re: Longnecker-Holland Application) Mr. W.S. Gardner Nassau Point Property Owners Association P.O. Box 975 Cutchogue, NY 11935 (Re: Longnecker-Holland A~plication) Mr. John Amisano, Architect (for Vinent Gerosa) 72 North Village Avenue Rockville Centre, NY 11570 Mr. William Klatsky (Re: Henry Smith and Timothy Coffey) 5044 Expressway Drive South Ronkonkoma, NY 11779 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. (Re: William Baxter, Jr.) Main Road, Box 1424 Mattituck, NY 11952 Messrs. Andre and Thomas Cybuslki c/o Mrs. MaryAnn Cybulski (hand delivered) Individual Board Members with copies of file information 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: May 26, 1988 Transmitted herewith is Zoning Appeal NO. 3740 , application of Carol A. Maguire for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice of I~isapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk TOWN OF 5OUTHOLD, NEW YOI~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3 DATE .......~ ...... ;,/ .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ..... ....... of ....... .............. Nome of Appellor~t Street and Number ..................... ................................................... /..',L ./... ...... .ER,,Y APPEA,. TO Maflicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............. .~./.)7.~../..~.~.. .................... WHEREBY THE BUILDING INSPECTOR DENIED TO (/ ( ) ( ) Name of Applicant for permit ......................................Street and Number '/~u;'/~l;;;li¢ ......... ~J "S~i;~'''''~ .............. PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .... ~..~..~.?..~...~:..~....~..~'..~...~:.~..~....~..~.~..~..c/....~.~..~..~...~...~...~.~ Street /Hamlet / dse District o~( Z~ ~ ~ ................................................................................. ~ ~ d*~,-,, f ,'~. ,'~,~u /,~ . District 1000 Section/o~Blocl~ Lot/~/C' rren' Owner ~..&,~l~ /=; ~/~ Mop No. Lot No. Prior Owner A/~..~ ~/~/Cn~/~ 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.) Ar t i c 1 e ~] -/~1 ~'~ Sec-t-i-eh o.,~c~ /~t ,¢ l~ ~IIT ~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (v~ A VARIANCE to the Zoning Ordirsance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Co~s. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property, Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that l'orm ~.~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 r'z 0k q a ,'s no-/' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~_ -~ ~c' ~ ~0 Tin. e' (.~ C' ~,~' ~'O ~-I COUNTY OF ~,~_ ) Sworn to this ................... ~ (-~'~ day of...,.~ Notary PuBlic MARY ANN CYBULSKI NOTARY PUBLIC State o! New York Res~d,ng ,n Suffolk CeuntY No 52.5895900 ~ ~mmlss,oll L xpL~e~ ~rd 30, ~ BOARD OF APPEALS, TOWN O~: 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. T~ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~c~Special Exception) (Special Permit) (Othe:) [¢±r¢le oho±eel 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- 3. That the property which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will reques.[ the following relief: / - J G- o · J · 5. Tha~ the ~rovisions~_of th~ 5outhold. Tow~ Zoning Code applicable, to the relief' sought by the u~der- signedare ~cle ~ I i ~ a~ ~%~ ~; /~-~ [ ] Section 280-A, New York Town Law for approva~ of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief s~cified above will be filed in the Southold Town Clerk's ~fice at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (5].6) 7~5-[809. 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: ~L~' ~.~,; Petitioner Q ~ I,qoL., ~-~'I~/~CrL~ I'~ Owners'Names: Q H, Ai~ ~,, ~..% Post Office Address Tel. No. (~/~) 7~q 5805 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] 944 PROOF OF MAILING QF NOTICF ~T.A, CH CERTIFIED MAIL RECEIPTS ADDRESS (P.o. STATE OF NEW YORK COUNTY OF SUFFOLK SS.: O~ ~,'¥'c.~,n o u t~ · ~t. \/- ,... , being duly sworn, deposes and says that on the ~7~,'~'q:lay of /v~A~/ ,3 . ~.~ J ,19~k~ , deponent mailed a true copy of the Notice set forth on the re, verse side I~ereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~. U.~ ~.~qO~J ~_ ; that said Notices were mailed to each of said persons by (certified) (registered)9~nail. Sworn to ,be~f~re me this day of 7/~--2L,- ,1 9 // ~qotary Public MARY ANN OYBULSKi NOT~Y PUBLIC. State of New Yo~ Residing in Suffolk CouflW No 5~-58~eJ00 Coagn~s4on ~.~[es April ~0 ~ (This side does not have to be comp]eted on form transmitted to adjoining property owners.) ,14-16-4 (?J873--Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: 4, PRECISE LOCATION (Street addressed road intersections, prominent landmarks, etc., or provide mao) 5. IS PROP SED ACTION: ~New [] Expansion [] Modification/alteration 8. WILL PROPOSED A TmON COMPLY WiTH EXISTING ZONING. OR OTHER EXISTmNG LAND US RESTRICTIONS? []Yes ~J If No, describe briefly ~.~{~,~jC~:~ ~..~_.~ .~' ,.j~"/-~.~__ 9. WHAT PRESENT LAND USE IN VICINITY OF PROJECT? ~dential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe; 10. DOES ACT[ON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? / [] Yes ~'~No If yes, list agency(s) and permit/approvals 11. DOES ANY ASP%SP.P~CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~]'No If ye~, list agency name and permit/approval 12. AS A RESULT OF P POSED OFP~) ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a stale agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an enviro'nmental review will be made by th~s board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or ~usual land form on the site? 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? Yes ~o Yes ~No Yes ~No Yes ~No Will project affect any threatened or endangered ~N plant or animal species? ___Yes o 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiuu~ importance or any site designated as a critical envirc~mental area by a local agency? 10. Will project have a m~jor effect on existing or future recreational opportunities? 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy Concerniqg the project? Preparer's Signature: ~_~1'~,~ ~_ ~~ Representing: ~ Date: ZBA 9/75 Yes V~No Yes ~/No TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office South&d, N. Y. Certificate Of Occupancy No. Z..37fx2 .... Date .... Fe]vmuar~.... ~.7.;.. ' .., 19.7.Q - THIS CERTIFIES that the building located at .Nassau. Rt,. P, Qad ........ Street Map No. Nassau. P.t, Block ATo ........... Lot No. 3.7.7. & .178...Cut.chogu.e.~ .~,~o.. conforms substantially to the Application for Building Permit heretofore filed in this of/ice dated ..... July.... 1~ ..... , 196 9.. pursuant to which Building Permit No....4.3.8.9.z.. dated ..... JulY.... 16., ....... , 19~9.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .. prix, ate .ene :fam. i. ly. dwell.ing ..................................... The certificate is issued to .... D~;, · ~w~:on. ~.aulkner .................... :.. ....... , (owner lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval February..26,..1970.,..Robert..Villa Building Inspector TAX MAP ]SIGNAT1ON ',~t 1000 104 O0 L 12 t) ip ,t(~): 0130~ 01400v \4 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 2846? 'rHt~ INDF. DITI~R~_~ made the BETW~_I=.N 24th day of January , nineteen hundred and eighty five NEWTON E. FAULKNER & LOIS G. FAULKNER, his wife, both residing at (No #) Nassau Point Road, Nassau Point, Cutchogue, New York 11935, party ofthe first part, and CHARLES F. NAGUIRE & CAROL A. NAGUIRE, h±s wife, both residing at 125 St. Regis Drive, Ymssapequa Park, New York 11762, party of the second part, WITI~F.~'TH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingi{~l~ at Cutehogue, Town of Southold, County of Suffolk and State of New York, known and designated as lots 177 and 178 on a certain map ent±tled, "Amended Hap A of Section A, Nassau Point Club Properties, Nassau Point", filed in the office of the Clerk of the County o~"Su'~oJ_k'on October ' 21, 1920 as Map No. 753, and also shown on said map filed August 16, 1922 as Map No. 156. BEING and intended to be the same premises conveyed to the parties of the first part by deed dated 8/17/74, recorded 8/20/74 in Liber 7698 at Page 252. ¢ . ~OO.:.: i--LB 0 g 1985 TOGETIlER xvith all right, title and interest, if any, of the party of the first part iu and to auy streets and roads abutting tbe above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO }tOLl) the premises herein graoted unto the party of the second part, the heirs or successors and assigns the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part o£ the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrrNF_..~ WHF_.RF_.OF, the party of the first part has duly executed this deed the day and year first above writ ten,.~ . NEWTON E. FAULKNER STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the 24th~ of Jaguar7 per~on~]]~ NE~ON E. FA~KNER & LOIS G. FA~ER to me known to be the individual s descried in and who executed the foregoing instrument, and acknowledged that they ~uted the ~me ~6~y Public ~M K~AM No~ ~, ~ M M Y~ ,r~n Expires March 30, I STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY O1: Ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Vv'IIH COVENANT AGAINSI GRANIOR'S ACIS T~TL~ No. 560-S-0887 (8-18559) NEWTON E. FAULKNER & LOIS G. FAULKNER TO CHARLES P. MAGUIRE & CAROL A. MAGUIRE II TRANS-AMERICA ABSTRACT SERVICE INC 185 HILLSIDE AVENUE WILLISTON PARK, N.Y. 11596 (516) 747-4824 '1 SECT,ON 1 0 q BLocK LoT D/St COUNTY OK TO~ TAX BILLING ADDRESS l RETURN BY MAIL TO: MAiLK X. LYNCH, ESQ. 1060 Park Blvd. Massapequa Park, New York 11762 Zip No. Vl ._ 0--'!: QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there 2.a)Are there (Attached Town Code b)Are there any proposals to change or alter land contours? any areas which contain wetland grasses? is a list of the wetland grasses defined by , Ch. 97 for your reference.) 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 pr~sed fen.ce~, cDncrete barriers, decks, etc? 5. If project is proposed structure, is total height at more than 18 feet above average ground level? State total: ~ ft. Yes Yes ~ Yes No Yes 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. 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~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes Yes Yes Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 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 13. Please list present use or operations conducted upon the subject property at this time and proposed ~/~ Please submit photographs for the record. I certify that the above statements are true and are being submitted reliance by the Board of Appeals in considering my application. Signature - (P~ope?ty Ow~r) (Authdrized Agent) for 1/88 WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976: 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently coy. ered with. or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow title are covered by tidal waters to a maximum depth of 'five (5) feet. including but not limited to banks, bogs. salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt bay, black grass, saltworts, sea lavender, tall cord~'rass, high bush. cattails, groondsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A,(2) and lying within seven- ty-five (75) feet lamlward of the most landward edge of such a tidal wetland. FRESHWATER WETLAN1)S: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) Ail land immediately adjacent to It "freshwater wet- land," as defined in Subsection B(1) anti lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2.25-S5