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3731
Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765~1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS Appeal No. 3731. TO: Richard F. Lark, Esq. as Attorney for NORTH FORK COUNTRY CLUB Main Road, Box 973 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on June 9, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article III, Section 100-32: Upon application for NORTH FORK COUNTRY CLUB for approval of the placement of an accessory gazebo structure in the front- yard area, premises known as 25650 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-4-1,3,4,7. WHEREAS, a public hearing was held and concluded on June 2, 1988 in the Matter of the Application for NORTH FORK COUNTRY CLUB; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: ( CONTINUED ON NEXT PAGE) Page 2 - Appeal No. 3731 Matter of NORTH FORK COUNTRY CLUB Decision Rendered June 2, 1988 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 109, Block 4, Lot 1, 3, 4, 7, consisting of a total acreage of approximately 34.5 acres, fronting along the east side of Moore's Lane (a/k/a Linden Avenue) approximately 695 feet along the northerly end, and fronting along the south side of the Main Road (State Route 25) 708+- feet. 2. By this application appellant requests a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the location of an 8 ft. x 12 ft. accessory gazebo struc- ture immediately west of the existing tennis court (approximately six feet to the west), 64 feet south of the property line along the Main Road, and approximately 200 feet east of the property line along the east side of Moore's Lane. The height of the gazebo structure is 11 feet. 3. It is the position of this Board that: (a) the relief requested is not substantial; (b) the project is not out of character with the general area since there are other preexisting accessory structure(s) located in the frontyard area and the subject building is setback at a distance greater than that normally required for principal or other buildings in this zone district; (c) the circumstances of the property are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) there is no other method feasible for appellant to pursue other than a variance; (f) in view of all the above factors, the interests of justice will be observed by the grant of the variance. Page 3 - Appeal No. 3731 Matter of NORTH FORK COUNTRY CLUB Decision Rendered June 2, 1988 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance from the Provisions of Article III, Section 100-32 as requested in the Matter of the Application of the NORTH FORK COUNTRY CLUB for the place- ment of an accessory gazebo structure in the frontyard area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Doyen and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 7/~-/f/' HOUR 9'o o ,~ Town Clerk, Town of Southold 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 Special Meeting. at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE 2, 1988 at the foll6wing times: 7:30 p.m. Appl. Noo 3718 - PATRICIA STEGNER. Variance to the Zoning Ordinance, Article XI, Section lO0-119.2B for permission to locate new dwelling with an insufficient setback from existing bulkhead. Location of Property: 470 Private Road #12 (off the South Side of Main Bayview Road), Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3). 7:35 p.m. Appl. No. 3723 - ANGELO SPETSIOTES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition at rear of dwelling with an insufficient setback from existing bulkhead at Budd's Pond, 1045 Budd's Pond Road, Southold, NY; Willow Point Subdivision Lot #11; County Tax Map Parcel No. 1000-56-5-13.1 (or 13). 7:40 p.m. Appl. Noo 3732 - ROBERT E. BIDWELL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(14) for a Winery for the production and retail sale of wine produced from grapes primarily grown at the Bidwell~Vineyards, premises located at the South Side of C.R. 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-4.3 (prev. p/o 4.1). 7:45 p.m. Appl. Noo 3717 - FREDERICK KOEHLER, JR. Variance to the Zoning Ordinance, Article XI~ Secti6n 100~119.2B for per- mission co locate accessory structure elong existing bulkhead as Cutchogue Harbor, premises known as 575 Ola Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. 7:50 p.m. Appl. Noo 3729 - GEORGE R. FURSE. Variances to the Zoning Ordinance, Article III, Section 100-31~ Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of yard setbacks as apply from the new division line so the existing dwellings. Location of Property: Right-of-way off Bell Hill Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-009-03-002, containing 3.64± acres. Page 2 Notice of H~ings S~uthold Town Board ~.xAppeals SDecial Meeting - June 2, 1988 8:00 p.m. Appl. No. 3730 ESTATE OF DOROTHY RUSSELL. Variances to the Zoning Ordinance, Article III, Section 100-31 Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #1 and Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of insufficient yard setbacks as apply from the new division line to the existing dwellings. Location of Property: and West Side of Heathulie Avenue, Tax Map Parcel No. 1000-009-11-9.1 acres. North Side of Beach Avenue Fishers Island, NY; County (prev. 9), containing 2± 8:10 p.m. Appl. Noo 3731 - NORTH_ FORK_ COUNTRY_ CLUB. riance to the Zoning Ordinance, Article III, Section 100-32 r approval of the placement of accessory gazebo structure / ic~ the frontyard area, premises known as 25650 Main Road, Cutchogue, NY; County Tax Map Parcel No. lO00-109-4-Lots I 3, 4, and 7. 8:20 p.m. Appl. No. 3727 DOROTHY ABBOTT. Variances to the Zoning Ordinance: (a) Article III, Section 100-31, Bulk Schedule, and (b) Article XI, Section 100-119.2A, for approval of attached deck with an insufficient easterly sideyard setback and insufficient setback from top of bluff along the Long Island Sound, premises known as 380 Private Road No. 3 (extending off the West Side of Rocky Point Road), East Marion, NY; County Tax Map Parcel No. 1000-21-1-2. 8:30 p.m. Appl. No. 3726 CLIFF & PHIL'S LOBSTER HOUSE. Variance to the Zoning Ordinance, Article VI, Section 100-60C for permission to erect off-premises-advertising sign for restaurant (previously Beachwood Cafe). Location of Premises for Sign: South Side C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-59-10-4. (Owner: Edward F. Koster). 8:35 p.m. Appl. ~o. 3721 RUSSELL E. PLANITZER. Variances to the Zoning OrdiNance, Article III, Section 100-32 for permission to locate pool, fence enclosure, pergola structure, and part of garden enclosure, in the frontyard area. Lccation of Prooerty: Private Road, Wilderness Point, Fishers Island, NY; County Tax Map Parcel No. 1000-12-2-6.5, 6.9 (prev. 6.6). The Board of Appeals will hear at said time and place any and'all representatives or persons desiring to be heard in each of the above matters. Each hearing will not star~ before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. DATED: May 12, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOV',rN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL File No ..... (r~ .............. To .&)~ · .~/..~... ~.'~....''~ PLEASE TAKE NO,,T-~ that your appl~cation~dated ....X,...~ .~.9.....~. ........... , 19 .~ .~ for pemfit to construct . ~5.~.~ .~ .~ .......... ~ ................ ar County Tax Map No. I000 Section ..'..d~ ~ ..... Block .... ~ ~ ...... Lot .ff~.~ ....... Subdivision ............... Filed. Map No ................. Lot No. ~ .............. ~s returnc(l herewith ar~d dls:lpprovcd on the lollow~ng grounds . . .J.'.d'~. ~.~.~~,..~..~..~.. ~....©~. ~...~...~..~~.: .[..~.. ~(7 ~. ......................... Building Inspector ~..EXHIBIT c u;a~Pr~ TOw~ OF SOUTHOLD, N~ YORK 9 1988 APPEL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. 9 ~7 3 I DATE, .A.p....r..i...1...2...9..._:..,1..988 (We) NORTH FORK COUNTRY CLUB of 25650 Main Roa.d.. Name of Appellant Street and Number Cutchogue New York ......................................................................................................................... HEREBY AREAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO_ .....N./..A. ......................... DATED ....A.g.N.i...1....1..,.....1..9..8.~ .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ....2..s. ............... ............ ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to erect a tennis court accessory structure '1. LOCATION OF THE PROPERTY 5650 Mazn Roam, Cutchogue A-1 Reszdentzal & Street /Hamlet / Use District on Zoning MapAgricul District 1000 Sectionl09Block04Lot7.1_ . .................................................................................. burren[ Owner North Fork Country Club Map No. Lot No, Prior Owner N/A 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 TTZ Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ×) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ') 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect ta 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 ...................................................................... REASON FO~ APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) '.is requested forX~K~Ya~K permission to erect a tennis court accessory structure whose dimensions are: length - 12', width - 8', height - 11' and located at the westerly side of petitioner's tennis courts, on the club property as shown on Exhibit A, which is a survey dated December 9, 1986, amended September 10, 1987, of the petitioner's property by' Roderick Van Tuyl, P.C. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce;praCtj~J ~i~[~]ti~s or unneces- sary HARDSHIP because Your petitioner has just recently completed the reconStruCtion of a one story clubhouse on its property which will serve as a replace- ment to the clubhouse that burned down on June 22~ 1985. .Your petitioner's two hard-tru surface tennis courts remain in exactly the same location as before the fire. Historically a roof shelter was provided in the summer months in an area adjacent to the tennis courts for purposes of a bulletin board and a place to sit out of the sun or weather, while the tennis players relaxed between matches. It was contemplated after the reconstruction of the clubhouse that a small structure would be placed adjacent to the parking area and tennis courts to allow the tennis players to ~eave their equipment and rest in a sheltered area between matches° fact, the site plan which had been approved by the Southoid Building Department and Planning Board shows a concrete slab for such a structure. A copy of this site plan prepared by Donald A~ Denis~ A.I.A. dated 11/5/8~ is attached hereto as Exhibit Bo The Building Committee Chairman~ thinking that the approval had been obtained for this tennis court accessory structure~ arranged to place this wooden 2. The hardship createdis UNIQUE and is notshared by all properties alike in the immediate yicinity ofthjs property and in this use district because Your petitioner's tennis courts have existed in this location for many years before zoning and in the past a temporary shelter was provided for the tennis players° The Petitioner's country club grounds and buildings are unique and the only one like it in the Town of Southold. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ,CHARACTER OF THE DISTRICT because Your Petitioner's property is zoned A-Residential and Agricultura~ and is utilized as a clubhouse, golf course and tennis courts for the recreation of its members and guests. These uses have existed for many years and the granting of the variance will not chang~ the uses of the club property in any manner as it will only enhance the enjoyment of the use of the club's tennis courts. NO~H FORK ~Y CLUB STATE OF NEW YORK ) ) ss By: .,.~/,~ /" \ Signature ................................ COUNTY OF SgPFOLK ) ........... ........................... of.. ................................ ........... APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. BY NORTH FORK COUNTRY CLUB REASON FOR APPEAL (continued) 1. continued: accessory structure in the area shown on Exhibit A, only to find out later the placing of it in this position was a violation of the zoning ordinance, as claimed by the building inspector. The building inspector then denied a permit for this accessory structure on the grounds it can only be placed in the rear yard area. A copy of the denial dated April 1, 1988 is attached hereto as Exhibit C. Without discussing as to whether this area adjacent to the tennis courts is the front yard or the side yard of the clubhouse, it is respectively submitted the request to locate this accessory structure in this area is proper and is not substantial in relation to the requirement of prohibiting accessory buildings in the front yard or side yard areas. The reason is the tennis courts are already in this front or side yard area and this structure will serve as an accessory use to the tennis courts. As contemplated, the only people who will use this accessory structure will be tennis players. The granting of the variance will have no effect on increased population density or produce any burden on available governmental facilities. Neither will there be any change in the character of the neighborhood, nor will there be any detriment to adjacent properties by allowing this accessory structure to be placed in this area. The petitioner's club is located on a very large parcel of land and the tennis courts, which this accessory structure will serve, have been located in this area for over 75 years. The tennis courts are screened from the Main Road by a privet hedge and in the summertime the tennis courts and this accessory structure will not be readily visible from the Main Road. The difficulty for which the variance is requested cannot be obviated by some other method, taking into consideration the layout of the clubhouse and the tennis courts, without either removing the tennis courts from this area or not allowing the tennis players to have a place to put their equipment and extra clothing and rest in a sheltered area. Considering the manner in which this difficulty arose and all of the above factors, the interests of justice will be served by allowing the variance. TOWN ~OF SOUTHOLD PROPERTY RECORD CARD 6WNER STREET , . VILLAGE ~ ~ DIST. SUB. LOT S ' W ~PE OF BUILDING :ES. ~ S~S. ' VL FARM COMM. CB.~-_MlCS0 Mkt. Value ~ND IMP~ ' TOTAL DATE REMARKS illable FRONTAGE ON WATER ~o~land " -' , FRONTAGE ON ROAD leodowland '" DEPTH ouse Plot BULKH~D )tal , j , ' COLOR · TRIM Total Foundation Ext. Walls Fire Place Room Bath Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd Floor Driveway LR. -- - DR. BR, FIN. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JUNE 2, 1988 Appl. NO. 3731 Applicant(s): North Fork Country Club Location of Property: 25650 Main Road, County Tax Map No. 1000- Cutchogue Board Members present: Chairman Goehringer P. Goehringer, Members: Doyen, Douglass, Grigonis and Sawicki. Also Present: Victor Lessard, Building Inspector and Linda Kowalski, Secretary of Zoning Board of Appeals. The Chairman opened the hearing 8:28 o'clock p.m. and read the legal notice for the record. Motion was g~anted to waive the reading of the application. CHAIRMAN GOEHRINGER: I have a copy of a site plan done by Donald Denis dated November, 1986 indicating the tennis court area and the nature of this particular application. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard on behalf of this? Mr. MR. IzS~K~: I think most of the reasons for the application are stated in 'the petition. As indicated in the petition, the building committee thought that this tennis court accessory structure had already been approved as shown on the site plan and prepared by Donald Denis. Unfortunately, that was null on the investigation after the fact that_ it was never really followed up with the archi- tect and the Planning Board. And inadvertedly, the accessory struc- ture was placed where you see it on the survey and the attached photograph which is in any event, the petition is positioned that this accessory structure meets the requirements as set down for an area variance by the courts in defining practical difficulties. And it is a proper place to place a structure such as this on the west side of the tennis courts. You can't place it on th east side beacause it would interfer with the 18th hole. There would be the sand trap and the rough in that area. And there's no question that it's not in the rearyard area. It's either in the side or frontyard. You have a situation here where the club building when it was recon- structed, faces now the Main Road. However, the main entrance to the club is off Moore's Lane. However, the Planning Board set it in that location. And with the parking areas and the ingress and egress to the clubhouse itself. It has indicated in the petition to be no increase in population density to certain governmental facilities. These are not substantial changes in the neighborhood. The club feels it can't place it in the rearyard area and I brought that up about just where the rearyard area is because it will either be in the 18th rough and fairway if you take Moore's Lane as your frontyard. Or if you take the Main Road portion, the north side as your frontyard, then it will be in the practice screen and close to the first tee and first fairway. So obviously, it's impractical to put it in any of those places since the tennis courts have been curiously enough, in that exact same location since 1912. I did look up the club's record on that and they've been right in the Page 2 - Thursday, June 2, 1988 Public Hearing - North Fork Country Club Southold Zonign Board of Appeals MR. ~ (continued): same area since then. So considering everything and the interest of justice, the Board would grant the area variance to allow the location of this accessory structure and you'll have to determine whether you want to cll it the rearyard, I mean the sideyard or the frontyard area. I don't know what. You talk to the Building Inspector, he'll give you a different view on just what is the frontyar there. I really don't know. I'm not trying to be wise about it but it's clearly not the rearyard. So that's why i ap- plied for it either in the front or the sideyard area. If there's any questions, I have Mr. Talbot here as the President of the club to answer any questions the Board might have. CHAIRMAN GOEHRINGER: Is there any lighting in the building? MR. k~K~: No. The gazebo and that thing, no. None at all. It's just strictly a daylight situation. It ..provides some shelter pri- marily from the sun to be perfectly honest with you so they can get out of the sun. It's all open in that area. CHAIRMAN GOEHRINGER: I really don't have any other questions. It was clearly stated. It's 200 feet from Moore's Lane and 64 feet approximately from Main State Highway. MR. ~Q~k~E: That was measured by tape by the green superintendent. So we have an accurate fix of just where it was for the application. CHAIRMAN GOEHRINGER: Let's see if anybody else... I don't have any other questions. Is there anybody else who would like to speak in favor of this? Anybody like to speak against it? Seeing no hands, I'll make a motion approving the application as applied for. Ail in favor AYE. DEPARTMENT OF PLANNING PATRICK G. HALl=IN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE F:', KOPPELMAN July 6, 1988 zOWn of Southold oning 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) Patricia Stegner North Fork Country Club 3718 3731 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, ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article III , Section 100-32 Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3731 Applicant: North Fork Country Club Location Qf Affected Land: 25650 Main Road, Cutchogue, NY County Tax Map Item No.: 1000-109-4-1, 3, 4, 7 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX 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, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. approval Applicant is requesting~%~rxm~'%f~xSxiz~rl<xlk~ of an COMMENTS: structure in the fontyard a~ea. accessory qazebo Copies of Town file and related documen[s enclosed for your review. Dated: July 5, 1988 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 30, 1988 Richard F. Lark, Esq. Main Road, Box 973 Cu.tchogue, NY 11935 Re: Appl. No. 3731 North Fork Country Club (Variance) Dear Mr. Lark: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board-of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure ~opy of Decision to: Building Department Suffolk County Department of Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies mailed to the following 5/18/88: Mrs. Patricia Stegner, 91 Laurel Drive, Smithtown, NY 11787 Mr. Angelo Spetsiotes, 1045 Budd's Pond Road, Southold, NY 11971 Mr. Robert E. Bidwell 27 Montrose Place Melville, NY 11747 Mr. James Gray, Sr., P.O. Box 1465, Southold, NY 11971 (as Agent for Mr. Frederick Koehler) Stephen L. Ham, III, Esq. Matthews & Ham, 45 Hampton Road, Southampton, NY 11968 as Attorneys for George R. Furse and Estate of D. Russell Richard F. Lark, Esq., P.O. Box 973, Main Road, Cutchogue, NY 11935 John M. Wa§ner, Esq., Esseks, Hefter & Angel, 108 East Main Street, Riverhead, NY ll901 as Attorneys for Dorothy Abbott P.O. Box 279, Cliff's and Phil's Lobster House, Inc., 50 North Sea Drive, Southold, NY 11971 Robert A.M. Stern Architects, 211 West 61st Street, as Agents for Mr. Russell Planitzer Mr. Charles Kadushin, 242 West 101 St., NY, NY 10025 NY, NY 10023 Suffolk Times, Inc., P.O. Box F, Greenport, NY 11944 L.I. Traveler-Watchman, Traveler St., Southold, NY 11971 (Board'Members with copies of files 5/19/88) Building Dept., Planning Board, Bulletin Board JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: April 29, 1988 Transmitted herewith is Zoning Appeal No. 3731 , application of North Fork Countrv Club for a variance. Als6 included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry RICHARD F. LARK ATTORNEY AT LAW IV~AIN ROAD - P. O. BOX g73 CUTCHOGUE, NEW YORK 11935 April 29, 1988 Judith T. Terry, Town Clerk Town of Southold 53095 Main Road Southold, New York 11971 RE: Variance Application of North Fork Country 25650 Main Road, Cutchogue, New York Club Dear Mrs. Terry: In connection with the above-captioned application, I am enclosing the following: Appeal from Decision of Building Inspector, with Exhibits, in triplicate. 2. Notice to Adjoining Property Owners with Affidavit of Mailing and Certified Mailing Receipts. 3. Short Environmental Assessment Form. 4. Questionnaire to Southold Town Board of Appeals con- cerning wetlands. 5. Four (4) copies of survey and pictures of tennis accessory structure. 6. Notice of Disapproval of Building Inspector dated April 1, 1988. 7. My clients' check payable to Town of $outhold in the amount of $150.00 representing the required filing fee. 8. Copy of deeds to property and copy of current C.O. for property. If all is in order, kindly Board of Appeals and advise me agenda. file this Appeal with the Zoning of the date it is placed on their If you have any questions concerning this matter, please do not hesitate to contact me. RFL/dl Enclosures Southold Town Board of Appeals HAIN RnAD- STATE RDAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD June 2, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S .E .Q .R.A. CHARLES GRIGONIS, JR, SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3731 PROJECT NAME: NORTH FORK COUNTRY CLUB This notice is iss%ed 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 slghlfl- 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 simil&r project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Accessory gazebo structure in front yard LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knQwn as: 25650 Main Road~ Cutchogue% NY 109-4-Lots 1,3,4, and 7 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) Tha property in question is not located Within 300 feet of tidal wetlands or other critical envirenmental area. (3) The relief requested is a setback variance as regulated By SeCt~O~R~T1H3~R6 N¥cg[, SEQRA INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY li971; tel. $16- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc NOTICE OF HEARINGS ~ 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 QF ~ at a Special Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY. IUNE 2. 1988 at the following times: 7:30 p.m. Appl. No. 3718 - PATRICIA STEGNER. Variance to the Zoning Ordinance, Artinle XI, Section 100-119.2B for permis- sion to locate new dwelling with an insufficient setback from exist- ing bulkhead, Location of Prop- arty: 470 Private Road gl2 (off the South Side of Main Bayvinw Road), Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3). 7:35 p.m. Appl. No. 3723 - ~. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for per- mission to construct deck addition at mat of dweBing with an insuffi- cient setback from existing bulk- head at Budd's Pond, 1045 Budd's Pond Road, Southold, NY; Willow Point Subdivision Lot #11; County Tax Map Parcel No. 1000- 56-5-13.1 (or 13). 7:40 p.m. Appl. No. 3732 - ROBERT E. BIDWEI.]. Special Exception to the Zoning Ordi- nance, Article III, Section lO0- 30B(I4) for a Wineo, for the pro- duction and retail sale of wine produced from grapes primarily grown at the Bidwell Vineyards, premises located at the South Side of C.R. 48, Cutchogue, NY; Count,,, Tax Map Parcel No. 1~00- 96-4-4.3 (prey. p/o 4.1). 7:45 p.m. AppL No. 3717 - FREDERICK KOEIII.ER, JR. Vari- ance to the Zoning Ordinance, Ar- ticle XI. Section 100-119.2B for permission to locate accessory structure along existing bulkhead at Cutchogue Harbor, premises known as 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. 7:50 p.m. AppL No. 3729 - GEORGE R. FURZE Variances to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of yard setbacks as apply from the new division line to the existing dwellings. Location of Property: Right-of-way off Bell tlill Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-009-03-002, containing 3.64± acres. 8:00 p.m. Appl. No. 3730 - ESTATE OF DOROTI1Y RUSSEI.I Variances to the Zoning Ordi- nance, Article 111, Section t00- 31 Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot #1 and Lot #2; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of insufficient yard setbacks as apply from the new division line to the existing dwelBngs. Location of Property: North Side of Beach Avenue and West Side of Heathniie Avenue, Fishers Island. NY; County Tax NY; County Tax Map Parcel No. 1000-009-11-9.1 (prev. 9), containing 2+ acres. 8:10 p.m. AppL No. 3731 NORTH FORK COUNTRY CLU[~ Variance to the Zoning Ordinance, Article 111, Section 100-32 for approval of the placement of ac- cessory gazebo structure in the( frontyard area, premises known as 25650 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000- 109-4-Lots 1, 3, 4, and 7. 8:20 p.m. Appl. No. 3727 DOROTHY ABBOTT. Variances the Zoning Ordinance: (a) A~icle III, Section 100-al, Bulk Sched- ule, and (b) le XI, Section 100-119.2A, ,v, approval of attached deck with an insufficient easterly aldeyard setback and insufficient setback from top of bluff along the Long Island Sound, premises known as 380 Private Road No. 3 ending off the West Side of , ~cky Point Road), East Marion, NY; County Tax Map Parcel No. 1000-21-1-2. 8:30 p.m. Appl. No. 3726 - CLIFF & PIIIUS LOBSTER HOUSE Variance to the Zoning Ordinance, Article VI, Section 100-60C for pen'nission to erect off-premises- advertising sign for restaurant (previously Beachwood Cafe). Location of Premises for Sign: South Side C.R. 48, Southold, NY; County Tax Map Parcel No, 1000- 59-10-4. (Owner: Edward F. Koster). 8:35 p.m, AppL No. 3721 - RUSSELL E. PLANITZE~. Vari- ances to the Zoning Ordinance, Article HI. Section 100-32 for permission to locate pool, fence enclosure, pergola structure, and part of garden enclosure, in the frontyard area, Location of Prop- erty: Private Road, Wilderness Point, Fishers Island, NY; County Tax Map Parcel No. 1000-12-2- 6.5, 6.9 (prey. 6.6). The Board of Appeals will hear at said time and phce any and all representatives or persons desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submit- ted prior to the conclusion of the subject hearing. For more infor- mation, please cae 765-1809. DATED: May 12, 1988. BY ORDER OF 'HIE SOUTI IOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linde Kowalski, Board Secretary STATE OF NEW YORK} )SS: COUNTY OF SUFFOLK) Chris tJ ma C'ontoqi-o of Mattituc~ In said County, being duly Sworn, says that he/she b Principal Clerk of THE SUFFOLK TIMES, I Weekly Newspaper, published at Mattltuok, In the Town of Southold, COunty of Suffolk and St~te of New York, and that the Notice of which the annexed is n printed ~opy, has been regularly published In said Newspaper once each week for ~ weeks suocesslvely, commencing on the _ 2 6 day of May t9 88 NOTICE OF HEARINGS NOTICE''IS HERE~,Va. EN, pursuant to the Town Law and'~he COd~ of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN ' D ' ~;"Z" ~ at a, Special Meeting at the'~out~old ~pwn. Hall, Main Road, ~thold, New York, on THURSDAY. JUNE 2. 1988 at the following times: 7:30 p.m. Appl No. 3718- FATRI C IA STyE N . VIt~ance to tlie Zoning Or- dinance, Article XI, Section 100-119.2B for permission to locate ngw dwelling with an in- sufficient setback ~rom existing bulkhead. Locatiori of Proper- ty: 470 Pri~Ic, Road No. 12 (off the South Side-of Main Bayview Road), Southold, NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3). 7:35 p.m. Appl. No. 3723- AN' L . Variance .to the Zoning Or- dinance, Article XI, Section 100-11~2B for permission to construct deck addition at rear of dwelling with an insufficient setback from existing bulkhead at Budd's Pond, 1045 Budd's Pond Road,'S0ut,hold, NY; willow Poiat;~.t~i~iri~ion tot No 11 No. 1000-562510.i',{0r' i3): 7:40 p.m. ',a~l~l~LNo. 3732- ROBERT E..' BIDWELL. Special Exception to the Zoning Ordinance, Article 111, Section 1£,0-30B(14) for a Winery for the production and retail sale of wine produced fro. m grapes primarily grown at ille Bidwell Vineyards, premi~es~located at the South Sid~ of C:R. 48, Cntchogue, NY; .County Tax Map Parcel No. 1~0-96-4-4.3 (prey. p/o 4.1). '~:45 p.m. Appl,./qo. 3717- FREDERICK KOEH[ER~ JR. Variance to the. Zoning Or- dinance, Article XI, Section 100-119,gB .,f6r permission to locate accessory structure along existing b~!k~head at Cutchngue Harbor, p~nises known as 575 Old Harbo~Road, New Suffollq, NY; County Tax Map Parcel No. 1000-117-3-6 7:50 p.m. AppL No. 3729- G~OR~ Variances to the Zoning Ordinance, Arti- cle Ill, Section' 100-31, Bulk Schedule, tBr: (a) approval of in- sufficient lot area or proposed tot No. 2; (b) approval of insuf- ficient lot depth of proposed tot No. 2; (c) approval of yard set- backs as apply from the new division lin~' to the existing dwellings. Location of Proper- ty: Right-of-way off Bell Hill Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-009-03-002, containing 3.64_+ acres. 8:00 p.m. AppL No. 3730- THY RHSS~LL Variances to the Zoning Ordinanc~ Article Iii, Section 100-31 Bulk Schedule for: (a) approval of insufficient lot area of proposed Lot No. 1 and Lot No. 2; (b) approval of insufficient lot depth of propos- ed Lot No. 2; (c) approvai of in- sufficient yard setbacks as app- . ly from the new division line to the existing dwellings. Location of Property: North Side of Beach Avenue and West Side of Heathulie Avenue, Fishers Island, NY: County Tax Map Parcel No. 1000-009-11-9.1 (pr~ 9~, containing 2± acres. (~8:10 p.m. Appl. No. ~731-~ _ co NT ! ~ Variance to th~ Zoninl~ Ordinance, Article III, Sectio~a 100-32 for approval of the pla~ ment of accessory gazebo struc'~ tore in the frontyard area,~ premises known as 25650 Main Road, Cutchogue, NY; County lhx Map Parcel No. 1000-109.4- Lots 1, 3, 4, and 7. 8:20 p.m. Appl. No. 372~~'~ A TT. Variances to the Zoning Ore dinance: (a) Article III, Section 100-31, Bulk Schedule, and (b). Article XI, Section 100-119.2A for approval of attached deck with an insufficient easterly sideyard setback and insufficient setback from top of bluff along the Long Island Sound, premises known as 380 Private Road No. 3 (extending off the West Side of Rocky Point Road), East Marion, NY; Coun- ty Tax Map Parcel No. 1000-21-1-2. 8:30 n.m. Annl. No. 3726- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... /. .... weeks successively, commencing on the ...................... 7 ....... , Swo~n to before me this ......... ' ............ day of Notary Public BARBARA FORBES lqotar~ Public, Stat~ of New York No. ~ Qualified in Suffolk County Commi~ion Expires ~/,~-~ $/ 19 ~co° Southold Town Board of Appeals MAIN RnAD- -=ITATE RI~AD 25 SrlUTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON~S, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audiencg. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to 'call our office, 765-1809. Yours very tr,ul¥_~, A ~ G~RA~D P. GOE~R~NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk ~OARD QF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : NORTH FORK COUNTRY CLUB · to the Board of Appeals of the Town of Southold Elizabth Evans NOTICE - TO ADJACENT PROPERTY OWNER TO: Joseph Goubeaud, Dorothy A. Hand Frank B. Rogers, Jr. Henry & Martha Pope Donna McLean John B. Hayes Wolfgang and Charlotte Grube Elizabeth Ann Fett Robert Snowden, Jr. R°be~o~EBY GIVEN NOTICE: Fairway Farms Assoc., Sr. Robert NaveskY Paul O'Dea % Richard & Gloria Vancaesseele Robert P. Br6wn 1. Tha~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ariance~,~(Special Exception) (Special Permit) (Other) - [circle choice] Catherine W. Drake Genevieve Mille~ Seamus Lynch Est. Marion T. Case InC.Frank Hetzer, J~. Rona]d E. Herman4e, 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: South of Main Road and East of Linden Avenue (Moores Lane) Cutcho~ue~ New York~ designated as Suffolk County Tax Map No. 1000 - 109 4 7.1 3. Thattheproperty whichisthesubject~fsuchPetitionislocatedinthefollowingzoningdistrict: A-Residential and Agricultura£ 4. ThatbysuchPetition, theundersignedwillrequestthefoUowingrelief: Permission ~o erect an 8' x 12' wooden accessory structure located on westerly side of exist- ing tennis courts on the North Fork Cou~t~y Clu~ property. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-32 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing· Dated: April 29 ~ 1988 NORTt UB Petiti Own Post ~ J~j% ~. Talbot, President 'N S: North Fork Country Club ice Address Sox 725 Cutchogue, New York 11935 Tel. No. ('516) 734-7139 [Copy of sketch purposes.] or plan showing proposal to be attachedmJ~r conven~tnce PS~00, 1982 * U,S.G.PO 1984446 Feb. o - ]ll~rm cSu~,, . 982 * U.S.G.P.O. 1984-446-014 iJ~ Form 3800, Fob. 1982 * O.S.G.P.O. 1984-446.014 ~'~ ~ ~LPS_ Form 3800, Feb. 1982 * U~.G.P.O. 1964.446-014 '00cZ m,o~ S~105 Mayflower Road, Mattituc, k, , ..-..., --., -~orn, deposes and say8 that o. the ~/w.~ day Of APril _, ] 9 88 , depooent mailed a true copy of the Notice 8et ~orth on the re. verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons a8 shown on the current, assessment roll of the Town of $omhold; that said Notices were mailed at the United States Post Of- ficeat ~[c~c~ 0 ~0..~ ~ AJ ~ ; thai said Nolices were mailed to each of ~id pergons by Sworn to before me this ~ ~,~. Diane T,essard Notary Public No 4863258 Qualified in Suffolk Court/ ~ · ~etmission Ex~ires June 23, fg.~3 (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF $OUTIIOLD BUILDING DI£1'AI[I'MENT TOWN CLERK'S OFFICE SOUTIIO LD. N.Y. NOTICE OF DISAPI'IIOVAL ;Juhdivi~,t,,, ................. I:iled.~lap No ................. Lot No. (-~ . . . ~ .......... ,~ r,:lu,',',l~d hcre,.vilh and ,li~;:,t,l,,'ovcd on thc MlowiRil llrounds. ~.~ ~ ..~ .J.~ 7.~.~ ........... ................ t ............ Building IRspector .....EXHIBIT 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 NORTH FORK COUNTRY CLUB Tennis Court Accessorty Structure 3. PROJECT LOCATION: 25650 Main Road Municipality Cutchoque County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 25650 Main Road, Cutchogue, New York 11935 5. IS PROPOSED ACTION: [~New [] Expansion [] ModiflcatlonlalteraRon 6. DESCRIBE PROJECT BRIEFLY: TO erect a tennis court accessory structure (wooden gazebo, rectangular in shape, dimensions which are: length - 12', width - 8', height - 11') and placed adjacent to existing tennis courts. 7. AMOUNT OF LAND AFFECTED: N/A Initially __ . acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXtSTING LAND USE RESTRICTIONS? []Yes []No IfNo, describe briefly Article III Section 100-32 of Southold Town Zoning Ordinance requires accessory structures in rear yard only. 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe: A - Residential and Agricultural 10. DOES ACTION 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 permitlapprova~s 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes r~ No if ye~, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No N/A I CERTIFY TH HE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature: '~'~ Ry-' ,'rc~hn ,T_ q~ 1 hn~; Pw~ dent ,jif the~=tion is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment (,_ OVER I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~es ~ NO 2. Will there be a major change to any unique or unusual land form on the site? Yes x No 3. Will project alter or have a large effect on an existing body of water? Yes X NO 4. Will project have a potentially large impact on X groundwater quality? Yes No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered X plant or animal species? Yes No 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi~a~ importance or any site designated as a critical environmental area by a local agency? Yes x No 10. Will project have a major effect on existing or future recreational opportunities? Yes x No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes x No 13. Will project have any impact on public health or safety? Yes X NO 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X No period or have a major negative effect on the charact~-~ of the community or neighborhood? 15. Is there licc tr oncerning the . Preparer' s Signature: Date: April 29, 1988 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? Yes Yes ~ Yes Are there existing structures at or below ground level, such as patios, foundations, etc? Are there any existing or proposed fences, concrete barriers, decks, etc? No Yes ~ If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground 1--~-~17 State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on 'this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes ~ Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Yes ~ Town Board Yes Town Trustees Yes County Health Department Yes Village of Greenport Yes N.Y.S.D.E.C. Yes Other 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 Q 11. 12. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes O 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 No 13. Please list present use or operations conducted upon the subject property at this time clubhouse, qolf course and tennis courts and proposed same - no chanqes in use Please submit ph~ttographs for the record. I ce~ify ~ %a~the~bove statements are ~rue and are being submitted for reliance b~ ~e Board of Appeals in considering my application. Z4~ / ~ \~ B~,. John J. Talbot, President Sig~alure / (P~operty ~Owner) ~Authorized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or interndttently cov- ered with, or which border on, tidal waters, or I~'~nds lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flat.s 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 ar may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/ur (3) All land immediately adjacent to a tidal wetland as defined in Subsection At2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESItWATER WETLANI)S: (1) "Freshwater wetlands' as (-~"- ' · I~nc~! in Article 241 tie 1, § 24-0107, Subdivisions l(a) to ltd) inclusive, of the Environmental Couservation Law of the S~ate of New York; and (2) All land immediately at jacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land. ward edge of a "freshwater wetland." 9705 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Buildin§ Inspector Town Hall Southold, N.Y. Cerli[icate OF Occupancy No. ZI5799 Date Jun? 2, 19~ COUNTRY CLUB Tills CERTIFIES that the buildiug ................................................ Locafi0n of Property 25650 MAIN ROAD CUTCHOG.U.E House No. Street Hamlet County Tax Map No. 1000 Section 109 .... Block 04 .... Lot 04 Subdivision ............................... Filed Map No ......... Lot No .............. couforms substantially to the Application for Building Permit heretofore filed in this office dated May 19, 1986 pnrsuant to wllicb Building Permit No. .I.~.9.9.3Z . dated ............................June 19, 1986 was issued, and conforms to all of thetequirements of the applicable provisions of tile law. The occnpnncy for which this certificate is issued is ......... Construct a new country c.t..u.b a.s .app. tied for.. ...................... NORTtl FORK COUNTRY CLUB Tile certificate is issued to ......................................................... (owner,](eR~g ~r~f l~l(~C X of thc aforesaid building. Suffolk County Department of llealth Approval C- 37 UNDERWRITERS CERTIFICATE NO .... NSO07 1 6 PLUMBERS CERTIFICATION DATED: June 2, 1987--Edward J. Timm Building Inspector 96 -- ' 'hts In enture, ~neteen hundred and fifty-one, the 1,ws Main Head, made the NORTH ?ORK COI~PANY, a domestic corporation organized under of the State of New York, having [ts principal office Cutchogue, Southold To,m, Suffolk County, New York, day o! April, party of the'first pm't, and NORTH FORK cOUNTRY CLUBj a membership corpora ~.principal._ ~., .°ffice_ ........... at t;ain Road, Cutchogue, Southold Town', Suffolk ~t~[~J~ that the party of the first part in consideration of One Dollar. lawful money o! the Uuited States, and other valuable consideration paid by the party of the second part. does hereby grant and release unto the part ~ of the second part, i t s succ e s s or a .~-' and assi~'m forever, ~1[ that certain plot, piece or parcel of land, with the buildings and improve- meats thereon erected, sittmte, lying and being in the Village of Cutchogue~ Town of Southold, County of Suffolk and State of New York, bounded and described as follows, to wit: BEGINNING at a grsnite monument erected the southerly side of Kings IIighway with the Moore's L~ne; thence by sad at intersection of ossterly side of long Kings Highway in ~ uortheasterly direction in a course ~[orth 65~ ~ distance of 1V?.3 feet to a granite monunent; thence southerly in a course South lle 03' Eest a distance of ~V9.4 feet to a granite nonttment; thence again in ~ southerly direction in a course 2outh 12° 12' West a'Sistanc~' of 236 feet to a concrete mon~m~,nt; thence in a a distance of l?3.1 feet to an iron pipe on the Lane; thence b~y and .long ~,~oore's Lane westerly direction easterly side of in a course North 3e 19' East a distsnce of 141.2 feet to another iron pipe; thence, again northerly' nnd along the easterly side of ~oore~s Lane In'~: a course North 0° 12' East a distar-ce of 289 feet to a granite ~onumerl~! erected st the point on place of begznnin, g,: Comtsining by estinmt! tWO acres ~ore or less. The sbove described property is sane premises map surveyed by Fra~klin T. Overton, ;,~. ]E., in August the original of which is recorded in the Office of the County Clerk of .,u.,.folt. County on the 4th day of Oc. tober, 19~6j' and 1 ts known as ~lap ~712. TOGE~I~ER with al! the ri~ht, title a~d interest of'the perry of the first oart in ~nd to ~{tngs Highwey ~nd ~oore~s ~ane ~dJacent to ~id prenl~es to the center lines thereo~. SUBJECT to mortgag~s now of record rocorded in Liber: 6~4~ of Hortgages at Page l0 and Liber 62Z of ~ortg~ges at Page Clerk's office. ~ t in Suffolk Goun y ~., . TOGETHER ~t?_e sF, purtenances, End a~the estate an~! rights the,p~ty of the lt~ p,=rt'~n n~d to ssid pre~es. ' · '~'~'-" TO, HAVE AND T0 HOLD the prenises herein gr~nted ~to the pa~ty of the second part, its successors and nssigns' forever. , ' F~.--~at ~e ~ o[ ~e ~rst p~t ~s seized el ~e ~a~d pr~s~ ~$ht to convey the same. '' SEco~.~at the pa~ y of ~e second pa~ shall quietly ~joy ~e ~d p~s~. TaI~.--That ~e ~d pre~ses ~e free from incumbrance, ~cept as afo~id. Fov~a.~at ~e pa~ of ~e firs~ pa~ will ~ecute or procure ~y fu~er nec~s~ a~ur- ~ce o~ ~e title to ~id pr~. F~a.~at ~e p~ty of ~e first par will forever war~t ~e rifle to s~d p~mis~. ttneaa ereof, the party of the first pan has ~,d its culotte herei~nto, affixed and theSe presents to be signed by its duly authorized officer the day and y~r first i ..... .... "~' abo~ written. :In;the ~P?°Sence of: 'c ~ ~. Co.~,..~..,m STATE OF NEW YORK, ] CITY OF NEW YORK, }$$.: T t y of April, , in the year nineteen hundred and State of Ne~o }rorlt' I, ARCHIBALD R W .... ~! ~n Fo~ . , of R~ ~}50N, County Clerk an .... au ........... ~l~ XO~K City, --oru navln u ~lerz of the ................................. '"'"'" '"" -- ~ ~Wh°s;"na~['~"~;'~"~"'~'"~ ~'~ / ' cur ~ti n oscrlb~ t .................................. ~' - 0 ot ~ew York. ,~ -'" ....... on~ ~d sworn ---, ../'"~ PUBLIC n -~a · 9wledgment ~al of said ~ ~ autograph si~atur, t la~ a comn,,ssion, or ~ - ~as such thro~hout th- ~ ~' ~ ' ' to r~elve a-~ o~tbe laws of the S*-*~ ~ m~.office; that as ..~L,:~clal character other wr t~ ?t?Y t,e acknowled~en~ ~,. a~W. Xork to administe[ .... ~o~ry Public he b like order. record~ i- ~L~n~ruments for ands ~e-~' ~roo~ ot a~a,,, on ~e, ~?s aha a~rmat OhS Y sl~ture on th- 2~'"t~ ~th the handwr{ d~ an~ certify a~davJts ~ ~'" ~vjaence or . believe ~mt ,~' punexeo ?strument w{,~ ~l'"~ u~ such Notary PubH- -="~ u~oslt~ons; and --..i~b~ WHEREOF, I have ' ~ .~ m my office, and ' · s ~ hereunto set my hand and ~x . o ,. ~. . .... . ......... ;~f"'::'a ................. ~L ~;loc~ .~ ........................ /~/~d~ /~z"~ ~- ~-oai ' ' .... C ................... -~' T~T~-~ No NORTH PORK COHPANY TO I;ORT!-':, PORK "~'"~¥,~,.,~ ~:~_ CLUB '~rORDEr. R, FORB HUG)lES CLERK OF ~T¥ ~UFFOLK ,.~.. WARRANTY DEED The land affected by the ~'ithln instrument~ Ilea in Section , Block on the Land Map of the County of .... HOME TITLE INSURANCE COMPANY 51 WRloughby Street, Brooklyn 20 Herrim~n Avenue, Jvmnlc~ 1550 Fl~tbush Avenue, Brooklyn 2 Bridge Plaza, Long Island Ciu/. Home Title Building, Mineola Home Title Building, Riverhead CONSULT YOUR LAWYER BEEO~ SIGNING THIS INSTRUMENT--THIS INSTRUMI~T SHOULD BE USED BY LAWYERS ONLY. L, t, TZ79 TH~ INDF_2q'rURF_., made d~e ~Po~ day o~ November BETWEEN Barbara M. Haines, residing at 170 West End Avenue, Borough of Manhattan, City, County & State of New York and Elizabeth M. Evans, residing at 55 Argyle Road, Albertson, Nassau County, New York, , nineteen hundred and seventy-two ~rtyofthefirstpart, and North Fork Country Club, a New York Membership Corporation, having'its principal office and place of business at Main Road, Cutchogue, Suffolk County, New York, party of the second part, %¥1'1'i~, that the party of tile first part, in consideration of One Hundred ($100.) dollars, .lawful money of the United States. and other good and valuable consideration paid by the party of the second part, does hereby grant and release tmto tile party of the secood part, the heirs or successors and assigns of the part)' of die second part forever, ALL that certain plot, piece or parcel of laml, witlt tile Imil<lings and improvements thereon erected, situate, , lying and being ~ at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: PARCEL I: BEGINNING at a point on the southerly line of Main Road 177.30 feet easterly from the intersection of the easterly line of Linden Avenue with the said southerly line of Main Road, which point is also the northeasterly corner of land of the North Fork Country Club; running thence along the said ~wo (2) courses as follows: i) North 67 degrees 08 minutes 40 2) North 69 degrees 34 minutes 20 land of Berg; ~therly line of Main Road ~conds East 171.60 feet; and ~conds East 199.65 feet to running thence along said land of Berg, two courses as follows: 1) South 4 degrees 37 minutes 00 seconds West 1119.83 feet; and 2) South 83 degrees 15 minutes 20 ~econds East 239.25 feet to land of the Case Estate; running thence along the said ~nd of the Case Estate South 14 degrees 23 minutes 00 seconds West~1422.58 feet to other land of the North Fork Country Club; running thence along the said 52 minutes 00 seconds West 574.45 Linden Avenue; ~aSt mentioned land South 58 degrees ~eet to the said easterly line of (cont'd) running thence along the said easterly lin~ of Linden Avenue two (2) courses as follows: 1) North 0 degrees 35 minutes 40 seconds East 515.96 feet; and 2) North 5 degrees 25 minutes 50 seconds East 38.64 feet to the said other land of the Moore Estate; running thence along the said other land of the Moore Estate seven (7) courses as follows: 1) South 88 degrees 52 minutes 40 seconds East 102.71 feet; 2) North 21 degrees 03 minutes 10 seconds East 590.10 feet; 3) South 84 degrees 04 minutes 50 seconds East 68.20 feet; 4) North 11 degrees 45 minutes 10 seconds East 313.20 feet; 5) North 84 degrees 53 minutes 40 seconds West 144.50 feet; 6) North 0 degrees 59 minutes 00 seconds East 488.0 feet; and 7) North 84 degrees 34 minutes 10 seconds West 181.71 feet K~ to the said easterly line of Linden Avenue; running thence along the said easterly line of Linden Avenue North 5 degrees 25 minutes 50 seconds East 265.26 feet to other land of the North Fork Country Club; running thence along the said other land of the North Fork County Club three (3) courses as follows: 1) South 87 degrees 45 minutes 50 seconds East 173.55 feet; 2) North 14 degrees 19 minutes 10 seconds East 236.40 feet; and 3) North 8 degrees 56 minutes 40 seconds West 279.40 feet to the said southerly line of Main Road at the point or place of BEGINNING. PARCEL II: BEGINNING at a point on the westerly line of Linden Avenue south- erly 2092.68 feet from the intersection of the said westerly line of Linden Avenue with the southerly line of Main Road; running thence along the said westerly line of Linden Avenue two (2) courses as follows: 1) South 0 degrees 35 minutes 40 seconds West 516.88 feet; and 2) South 19 degrees 52 minutes 50 seconds West 346.22 feet to other land of the Moore Estate; running thence along the said other land of the Moore Estate two (2) courses as follows: 1) North 87 degrees 19 minutes 50 seconds West 644.50 feet; and 2) South 65 degrees 02 minutes 10 seconds West 275.0 feet to the ordinary high water mark of Down's Creek; running thence along the ordinary high water mark of Down's Creek as it winds and turns in a north northwesterly, northerly and westerly direction and then along the center line of a gutter in a northeast- erly, northerly and easterly direction to .land now or formerly of Muzinic, the tie line course being North 1 degree 39 minutes 40 seconds West 799°28 feet~ running thence along the said land of Muzinic North 82 degrees 53 minutes 40 seconds East 1047.45 feet to the said westerly line of Linden Avenue at the point or place of BEGINNING. TOGET~F_,R with all ri itle and interest, if any, of tl~e party of t st part in and to any streets and roads abutting' the above described premises to the center lines thereof, TOG~'THF..R with the appurtena~mes a~d all the estate and rights of the party of the first part in and to said premises, ~'O HA~/'~ AND TO HOID the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. Said Barbara M. Haines and Elizabeth M. Evans, designated herein as the party of the first part, are the only children of the late Eliot Drake Moore who died a resident of Suffolk County, New York on December 6, 1946 leaving a last Will and Testament which was duly admitted to probate by decree of the Surrogate of Suffolk County, New York. Pursuant to said Will the real property of decedent, including the premises hereinabove described was devised to the said Barbara M. Haines and Elizabeth M. Evans, the only children of decedent, subject to a life estate devised to their mother, Gertrude Day Moore, which terminated upon her death on June 8, 1972. 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 incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliaoce with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for tbis conveyance and will hold the right to receive such consid- eratlon 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 of the total of the same for any other purpose. The word "party" shall be constrned as if it read "parties" whenever the sense of this indenture so requires. IN ~I'I'IqES~ WHERF_.OF~ the party of the first part tins duly executed this deed the day and year first above written. Is ~'~s~Ncg oF: 'On the ~- day of November , ~fo~ me ~r~ly ~e Barbara M. Haines and Elizabeth M. Evans ~ me ~own to ~ ~e i~vidu~ s d~fi~ in and who ~ut~ the for~ng instant, and ~wl~ged ~t they ~ ~e ~ Qual,hed in Nassau County ~erfihca:e fi;ed in New York Te~m Expires March 30. STATE OF NEW YORK. COUNI~ 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 YORE, 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 ~me. STATE OF NEW YORE, COUNTY O/~ ssi 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 iu 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 w~s so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. ~atgam an~ ~alt ~ee~ Barbara M. Haines and Elizabeth M. Evans TO North Fork Country Club STANDARO FORM OF NFW YORK BOARD OF TITLE UHDERWRITERS TIlE TITLE GUARANTEE COMPANY SECTION BLOCK LOT COUNTY OR TOWN NOV 8 19i RETURN BY MAlL TO: / / 15E PL tq .! D OIqAL D A, b ARCHITECT ,. ORT H I-( U 1,4 "'R Y U 5 MAIbJ ROAD CU ICHOGLJF:_~ iq. Y, , ,,% L ,D L, t 5'? i, )? , I