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HomeMy WebLinkAbout3763APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RC2"RT J. DC'J'CL,"~SS JOSEPH H. SAWlCKI James Dinizio, Jr. Southold Town Board of Appeals ~AIN I~nAD- .CITATE I~I-IAD 25 c~nUTHI3LD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Application of JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition to dwelling at the westerly side of the existing dwelling with a reduction of the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of JOHN J. JESSUP under Appeal No. 3763; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests a Variance from Article III, Section 100-31 of the Zoning Code for permission to construct six ft. extention from the westerly side of porch, extending a length of 27 feet, as more particularly shown on sketch (Drawing No. 137 Al) dated 7/6/88, and sketched survey, leaving a sideyard setback at 15 feet from the westerly property line, and which together with the easterly nonconforming sideyard setback at 3+- feet will leave insufficient total sideyards at 18+- feet. Page 2 - Appeal No. 3763 Matter of JOHN J. JESSUP Decision Rendered October 6, 1988 2. The premises is question is known and referred to as 90 East Road, Cutchogue, NY; is a described parcel of land containing a total area of approximately one-third acreage; and is identified on the Suffolk County Tax Maps as District 1000, Section 110, Block 7, Lot 15. 3. The subject parcel is presently improved with a one-story, single-family dwelling having a floor area of approximately 580 sq. ft. (inclusive of porch) and the following additional nonconformities, as exists: (a) easterly sideyard setback at three feet, (b) northerly frontyard setback at 13 feet, (c) nonconforming lot area, width and depth, (d) insufficient total sideyards at 24 feet. It is noted for the record that the lot area with width (or frontage) was approved by the Board of Appeals on June 8, 1967 under Appeal No. 1103 (Bollhoefer) during the period of 12,500 sq. ft. minimum zoning. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Coderequires minimum sideyards at 10 feet and 15 feet for a total of 25 feet. The sideyards as exist are nonconforming at 3 and 21, for a total of 24. The reduction requested is six feet less than the existing 21 feet for a setback at 15 feet from the westerly side, leaving total sideyards at 18 feet. 5. It is the position of this Board that in considering this application: (a) the relief requested is not unreasonable and is the minimal necessary, under the circumstances; (b) the circumstances are unique to the property and are not personal in nature; (c) the relief requested will not alter the essential character of the neighborhood; (d) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, order of the town, or be adverse to neighboring properties; or (e) there is no other method feasible for appellant to pursue; (f) the practical difficulties are sufficient to warrant the grant of this variance. Accordingly, on motion by Mr. Grigonis, seconded by Page 3 - Appeal No. 3763 Matter of JOHN J. JESSUP Decision Rendered October 6, 1988 Mr. Goehringer, it was RESOLVED, to GRANT the relief under Appeal No. 3763 in the Matter of JOHN J. JESSUP for a proposed addition with a reduction of sideyards from 21 feet to 15 feet, and total sideyards at 18 feet, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. lk CHAIRMAN .ECEIVED AND FILED BY YP1E SOUTHOLD TOWN C'r.rt~( DATE /c~//fTHOUR ~ Town Clerk, Town of Southold APP£AL$ ~OARD MEMI~ERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONISJR. SERGE DOYE~ JR. JOSEPH H, SAWICKI $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11c971 TELEPHONE 5/6) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold~ (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 Notice of Hearings · Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Haywaters Road, NY; County Tax Map Parcel No. 1000-111-01-016. Cutchogue, - 7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dw~lting with a reduction in the total sideyards, at premises known as ~.0 East Road, Cutchoglle, NY; County Tax Map Parcel No. 1000-110-~-15. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead 235 Huckelberr¥ Mill Road, Parcel No. 1000-31-16-9. along Peconic Bay, at premises known as East Marion, NY; County Tax Map 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD~ INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of ~earings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI, JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard Highwood Southold, setback from existing dwelling, at premises known as 605 Road, "Highwood at Balrview" Subdivision Lot No. 8, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15)(M} to allow conversion of dwelling for Accessory Apartment with Certificate of OccuDancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proDDsed parcels in this proposed set-off division of land, located along Beehe Drive, Cutchoque, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPtNA MARKO~OULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot ~16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. Appl. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS).. Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high ~encing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance~ Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-708 for permission to construct addition to existing building, (maintaining the westerly yard setback)~for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-308(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written co~ents may also be submitted prior to the conclusion of the subject hearing. Each hearing For more information, will not start before the time allotted. please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOL~I~HOL~ TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. FORM NO. 3 TOWN OF SOUTttOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ..... .J.u.l.y....1.5. ............ 19 ~.8... To . ?.n.y..i.rp.m.e..n.c. fl.a..s.t..!n. 9..a.~c...Jp.h.n. J Jessup .... .3.q 7..5, .Z.n. 4 .~ .a.n..~J¢ ~.k..~ ~.e ......... ... ?.?. ? p.i.~. :..~y ..... U.9. s..~ ........... PLEASE TAKE NOTICE that your application dated .... .Jp.l.y. ......! ~ .......... 19..8.8.. for permit to construct...a.n..a.d.d..i.t.i, qn...r.o..e..x.i.s.t.i..rig..d.w..e.l.l, in. g .................... ar Location of Property ... 9. .0 ................... .~.a.s..t. ~,q ~ 0 ............ C.L~ C bP.gU e ..... Plou$, I~1o. Street 'Hamlet County Tax Map No. 1000 Section .... ! .I p ....... Block ... 07 ......... Lot ... J 5 ......... Subdivision ................. Filed Map No ................. Lot No .................. ~s returned herewith and disapproved on the following grounds .. ~ r .t.£ c 1 e..I I I..1.00: 3.1.. 1t u 1 a.. · ..app..P.a..r !r.i.n.g..r?.rlu..z.r.e.m.e..n.t.sp.p..r 9p.q~ e..d' .c.q ~ ~.t.r.U ¢ gj..o.a.w.i.l. 1. h~.v.e ........... . .i..n.s.u.f.f..i .c.l.e.n.t...t.qt..a.1..s.i..d.e..y.a.r..d.s..... &c.t.i ~..r. eq pZr. e d. ky..ZorL~ng. ~.aard... · .o..f..a.p.p.e..a.~.s. .................................................................. _ ...... BdildL~ns15ector RV 1/80 APPEAL FROM DECISION OF BUILDING NSPECTOR TO THE ZONING ~OARD OF APPEALS, TOWN OF SOUTHDLD, N. Y. Nome of Appehont o ~)tfeet and Nu~mbet:, '.~ j . ~ Jo~r~ ,Ir. Jesmzp ,r. ec.onzLC ................................................................................ ~ ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO . .~..~ Y.~.~..~..r~.U.~,..~,a ~.~.....Ir~C.... '~..Q .. ~.oh u.. J. Je s sup Nome of Applicant for permit af . ].0.7.,5...I.0.~1 ~J~ r, ..H~.o.k..L~ae.....P. ec.a~a .......... H3: ................................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ,Perml~ ~o build addi~ioa t~o exls~ing dwelling ( X) I ) 1 LOCATION OF THE PROPERTY ..... 90..Eae~.?.~ .e-ftd.~..:Cu~i~b4~ug~ ................... : .................... ;3freer ' Use Dis[riot on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ secfio~ and Paragraph af tme Zoning Ordinance by number. Do not quote the Ordinance.) 3 TYPE OF APPEAL Appee is maae herewith for f X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec 280A Subsection 3 4 PREVIOUS APPEAL A Drewous appeal 0'~1~) been made with respect to this decision of the Building Inspector or with respect to tins property. Such appeal was ( ) request for a special permit [ ) request for a variance and was made m Appeal No ................... ~ ............. Doted ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Forra ~BI (Continue~on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the rea shown on the plan is the only prac- ticle ~rea that the a~ditio~ can be made. The addition is to the ~est of the e×istic4~ house and will provide a l~' finishes off set to that side which is th~ minimum side yard requirement~ while not reduci~ the front yard ~or'rear yard and the east side rem~ins the same as well. 2 The nardsmo create~ is UN QUE and is not shored ay all properties alike in the immediate viciniU of this property and in this use district becauSeoZ-, its si%e. The e~zis¢ir~ dwelling being only 576sq. ft.. The need for acre livir~ space is essential. The exspansion area required is best aCcomodated by the addition as planned. This will allow parking and activity ~rea 5o remain ~ne same and the livir~g space ~o increase to the Town's 850sq. ft. minimum. 3 The /oriance would ooserve the spirii of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becausem~ny of the homes in the vicinity are already closer ~o the side and rear yard lines than present codes allow. Such is the n~ure of so m~ny communities tha~ were de- veloped prior to presen~ zoning laws, especially when the lots are ~wo deep, between the wa~er and road. S'T'ATE OF NEW YORK ) COL NTY 0 ; Signature Sworn tn this ......................................... rlov o{ ...... t~ .......... 19~ Notary Public ~ ANN N~tL~ OWNER FORMER OWNER RES. LAND ~, IMP. STREETr !RTY RECORD CARD VILLAGE DISTRICT SUB. I LOT VL. TOTAL FARM DATE COMM. REMARKS IND. /2. ACREAGE TYPE OF BUILDING CB. MISC. AGE .- :,-_ NEW Tillable 1 Tillable 2 Tillable Weodlan( SwamF BrusF .DING CONDITION : ~, BELOW ABOVE Value M. Bldg. Extension Extension Extension Garage ~__.._ . Foundation Ext, Walls Fire Place Patio Driveway Porch Porch Bath Floors Interior Finish Hea~ Attic Rooms 1st Floor Rooms 2nd Floor ~.~ ..... DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE: E. KOPpIELMAN 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 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) Carol A. Maguire Seymor & Merle Levine The Cove at Southold (Henry J. Smith) Tony Scarmato, Inc. /John J. Jessup Denis O'Brien 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 MAIN ROAD- STATE RFIAD 25 c:OUTHC}LD, L.I., N.Y. 1197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ,0 .... J .... LA~ JOSEPH H, SAWICK[ James D~niz~o, dr. October 20, 1988 Mr. Peter R. Stoutenburgh Environment East, Inc. 3075 Indian Neck Lane Peconic, NY 11958 Re: Appeal No. 3763 - John J. Jessup (Variance) Dear Pete: 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 the Building Department 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 Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 ' SFlUTH{3LD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Dinizio, Jr. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III, SectionlO0-31 Variance from Determination of South61d Town Building Inspector Special Exception, Article , Section Special Permit Appeal Locatio County Within No.: 3763 Applicant: John J. Jessup n of Affected Land: 90 East Road, Cutchogue, Tax Map Item No.: 1000-110-7-15 500 feet of: Town or Village Boundary Line X× 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 NY Federally Owned Land Federal Park or Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct addition to ~we!!ing at fh~ w~f~rly sid~ of existing dwelling with a reduction of total sideyards. Copies of Town fi]e and related documents enclosed for your review. Channel Channel Dated:October 27, 1988 TOWN OF SOUTHOLD ZONING BOARD OF APPEAL:~ REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. NO.: 3763 Applicant(s): JOHN J. JESSUP Location of Property: 90 East Road, Cutchogue Tax Map ID No.: 1000-110-7-15 October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a survey dated April 15, 1975 and updated recently indicating a diagonal penned in area of approxi- mately 6 by 21 widening out toward the rear of the porch and enclosing the porch on the west side of the structure or dwelling. A proposed setback which is an existing setback of approximately 13 feet from East Road. Pardon me. Fifteen feet from the west property line, pro- posed and approximately 3 feet from the east property line. And I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Would you like to be heard again Peter? We're on a roll tonight. MR. STOUTENBURGH: Thank you. I think you pretty much summed up the dimensions on the survey there. We're not trying to reduce the 15 foot sideyard setback to one individual side. We're looking to hold that. The Jessups, when they were evaluating what had to be done to that porch area ~nich encloses a small room and a bath, felt that what they would like to do is increase the size of that. It is a property that they use as rental property and they can fit in a little bit more with the rest of the homes in the area. They felt that that area should be increased in size a little bit for a better bath and kitchen ~acility. When they looked there, they could really move on the property. We felt that homes of 15 setback, that was then the best solution and it created the square footage that was needed'inside the house. You noticed I~m sure when you were down there, that it's a very small area and quite a small property. The parcel to the west has a very very small rearyard and that's that corner house. In fact, that's the house that is two maybe three times the size of a piece oX property of almost the same identical size. So when these were divided up, some prior zoning exceptions were made. And what they were looking for is a reduction of the overall sideyard setback. Any possible questions that I could answer? Page 2 - Thursday, Public Hearinq - Southold Zoning ~ October 6, 1988 J. JESL UP of Appeals CHA£~N GOEHRINGER: No. Just as long as you hold to the 13 foot setback. That there be no protrusion into the frontyard area because we know it's a non-conforming frontyard area. It should be 35. The house has been there for a long time. We thank you again. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no furthur'questions, I'll make a motion closing the hearing and reserving decision until later. Ail in favor - AYE. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RC~E~T J. DGU~LASS' JOSEPH H. SAWlC½1 Southold Town Board of Appeals MAIN RnAI~- STATE RDAD 25 SEIUTHI-1LD, L.I., N;Y. llc:J?l TELEPHONE (516) 765-1809 September 14, 1988 Mr. Peter R. Stoutenburg Environment East, Inc. 3075 Indian Neck Lane Peconic, NY 11958 Re: Appeal No. 3763-John J. Jessup Dear Pete: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting inspections and reviews in accordance with State and local laws prior to advertising this matter for a public hearing. We expect that the public hearing on this matter will be held on October 6, 1988. A copy of the legal notice as published in the Long Island Traveler-Watchman and Suffolk Times will be sent to you as confirmation following a resolution adopted by the Board. Please feel free %o call at any time if you have any questions. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN tr 8euthold To~n Board of appeals ~ l~oveaber 2~, l~ Yore o~ the Boards ~, Ro~enbe~g, and ~. CHAII~ANs la the~e anTone present vhmvishea to speak fo~ the appXleation7 (~h's. Theresa Bollhoe£e~ stated she ~as the o~r o~ ttm p~ope~ty and wished to speak ~or the aPpltQatio~.O (ltl, s. Bollhoefer vas aslced to identify the photographs taken of her p~operty and she did so.) C~A~R~U~ ~/bat ts the size o,t your lot In O~m~den City -~bere you p~esentl~ ~ you~ ho~2 C~Al,~f The~e is also a house on tho bi7 on this property, does that bel~xg to you? MBS. BOLLHOEA~RI Yea, ~does. X rent it t~t'ough ~ CHAIRMAn1 leu presently haw an "L" shaped pieee of property and you propose nov to divide th~ Bay p~operty Frc~ Southold To~n ~oa~d of Appeals ffowmber 2~, 1959 Avenue propevt~y at a suitable poi~lt? CHAIEEANs Z~d say the~e will h~ no obJeetlon f~om the adjoining p~ope~ty o~ae~ to the ~est? MRS. BO~LltOEl~Rt ltD, that ~ould be ~Aro ~ilLlst ~ he ~ d~ ~ little ~o ~t ia e~mt~ ~ ~ ~ I~OVe CHA~S l~ the~e en~cmm else p~eeent who wishes to ap eak for this applieation? ~fl~. JOHN WILLIS, Cutehoque, New ~orks HI~. BoXlhoefer is n~y sister-in-law and I feel it ~ould be nice to have he~ CHAIP.~ M~, Willis, how far is the east line of houee from the ~ot line? IA~. t~ILLISs 8even feet from the foundation to the property line. CHAI~J~AI~s Do you have a garage? ~. '~ILL~s Yes, ~y garage ia attaehed to mY house on the side on Pequash Avenue. CRAL~A~ ~e there anyone else present ~ho wishes to speak fo?_ this application? A~e the~e ar~ questions anyone would like to as~ of the people ~tm have spoke fo~ the appli- eation? ~L~. R(BE]gB~,ROs ~ou~s is rather, from a legal point of view, a eomplieated matter. You are as~tng to divide from c~e to two lots. ~ou are also asking, if t~at is permitted -to treat the property am a small lot that existed before only permitted, under Zoning~ to have ~ buZlding. If there tmre no h~u~e here and you wished to build there you woul~ have to leave 10 £t. and 1~ ft.side yards. CHA~ANt I thiCk,hat ~r. Rosenberg is h~lng out ~. you o~d a l~e lot ~ ~ ~u ~d ~ divide ~ ~ t~ ~sidences ~ It you ~d ~ to ~re to ~ re.atica that ~at ~ it ~d apply to e~r~ne else. ~e of the pro~e~ ~o~ ~s ~e a~n~ ~ Pe~nle ~ J~t this p~em ~u ~ ~i~ out, a X~ lot ~ 2outhold To~ ~a~d of Appeals ~- ~vember 2~, 19~9 l~el~la~ location of the houses existing prio~ to ~g, ~n ease, what de ~ do with people ~ho eom ~n ho~e a~d ask pel~ttted anycr~ else, It is not a hamiehip to say that ~ ~ du~iea~ ~ ~ ~ ~ ~ a w~ ~~e ~ht ~t it ia ~en~ ~ ~la~ ~ ~ a~loa~lon. MR. R(~s It Ss my feeling that thoro _a~_~ld be ~ 1~. ~n the Wtckham side and ?~ on the Wtllts side. (The Board diseussed with ~rs. BollhoefeF t~e placement of the house on the lot and the possibllit~ of making the house slightly amalleF.) MP~. BOI,IJ~OEFERs Wall~ if we eannot have ~hat we a~e ask- ing, ~e will give you % ft. on one side and ~ c~1 the other. CItAIP~A~g It iS the feeling o£ the i~ard the applieatic~ eanno~ be granted as applied Z for. It is felt that thepeeulia~ shape of this property in itself e~ea~es a hardship. This variance is further granted sub Jest to the complete demolition and ~es~val of the existing non-~n~om~lz~g dwelli~g. Soutlmld Town ~ of Appeals 07- NovembeF 2~ 19F9 Thio ~er~a~slon ls to beoc~e ef£ectiw lmmed/ately upon trans£eF of th~ lot out of ~rs. ~ollhoefe~ts name, Tote of ~he Bo~ ATess- lq~. Olllt~ptot ]Jr. Br~g~nt ~oeenbergo and ~. O~lgonis. P~t~c ~l~t 8~3o P.~. , Appeal ~. m0 - ~ ap~l- for ~ssl~ ~ e~o~ s~ ~l~ ~o ~ 8~ nor~ side ;~ ~ ~et Ney ~k, ~ ~ed ~r~ ~ A. Cie~, eut ~ O. ~s~, ~u~ ~ ~ ~, ~ The Chairman opene~ the hearing by reading application £o~ a special exception, legal notice of hea~tngt an~ affidavit attesting to Itc lmbllca~ion in the offlclaX ne~mpape~. C~AZP=~NS Is there anyoae presen~ ~ wlMms ~o speak fc~ this application? ~. ~ILBUR ~AUBER~ ! have noJ~tng to add to ~at l~ /n th~ application. (The photographs taken of the Peconlo lAqud~ Store and existlng sign wre sho~n to ~, Hause~ and he ~denttfisd them.) MR. 30~N 5TANJ~ICZ~ ~age~ of G~egory-Doyle~ Inc. building M~lch is locate~ beh/~ the Peconie Ltquo~ Stores That is not & true picture, trna&use G~egory~-~ Doyle building is ~ehind the liquo~ sto~e, t~e have t~ueks ec~g in and out ~ behind the ~ they eom~ in and out like a btl~eh of ind~an~. A~IOtap. othez, thing, u a neighbo~ ! do not object to ~he sign. Th~x~ is no objection in t~e neighborhood. If thel. e ~,e y~u ~uld see them here at the hea~lng. As manage~ of the ~ in the same yard ~ also have no objection. - About the gypsy d~tvers! the d~iveway was bu/Xt befol*e Y~. ~auser was there. That ia a stone d~lveway. We evon had oeeastc~l M~en th~ st~es b~oke o~ windshields, CHAIRMA~$ E~l~ything 1~ leased to tenants? ~. HASUER~ That is correct. (Ccnstd~rahle discussion followed relative to stones fX~,n the d~lveway and To~n road flying up and hlttlng ~ and the e~l~tlng sign. ) ~RnEN CI'l~', NEW YOtRJI I1=' Southold Town Board of Appeals MAIN RnAD- BTATE RI-lAD 25 SnUTHE]LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD October 6, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S. E. Q. R. A. CHARLES GRIGONIS, JR. SERGE DOYEN. JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3763 PROJECT NAME: JOHN J. JESSUP This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Addition'at westerly side of existing dwelling with a reduction in total sideyards LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 90 East Road, Cutchggue, NY 110-7-15 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc ' OnCE Or HEA. NGS NOTICE--' iS ~]EREBY GIVEN, pursuant to Section 267 of thc Town Law and the Code of thc Town of Southold, thc following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988, at the following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITALIERE for a Variance to the Zoning Ordi- nance, Article I11, Section 100-31 for the placement of a new dwelling structure with a re- duced setback from the front property line. Location of Pro- perty: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768-- FRANK AND SANDRA CUR- RAN for a Variance to the Zon- ing Ordinance, Article I11, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No; 1000-111-01-016. 7:45 p.m. AppI. No. 3763-- ~ for a Vari- ance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutch. ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759-- TONY SCARMAiO. IN(~. for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2 for approval of gazebo. structure with an insufficient~ setback from an existing bulk- head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Road, East Marion, NY; County 'Pax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE --TIMOTHY COFFEY AND THE COVE AT SOUTHOI [IN(~. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30C, for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00~. Appl. No 3758-- JR. Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- mises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Pro-. perry: 480 Grisson Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Variance to the Zoning Ordinance, Arii- cie II1, Section 100-30B(15)[M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE--6" Variances to the Zoning Ordi- nance, Article Ill, Section 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located along Beebe Drive, Cut~hc;gi~e, NY; County Tax. Map Parcel No. 1000q03-3-part of Lot 5. 8:20 p.m. ROBERT AND ANNA BAKER. Special Excep- tion to the Zordng Ordinance, Article Ill, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- nue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779-- PETER AND DESPINA MAR- KOPOULOS for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 and prior Appeal No. 3623 rendered May Il, 1987 for approval of struc- ture(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. A~'~l No. 3769SE--CUTC~ ~. Special Exception to the Zoning Ordi- nance, Article Ill, Section~ 100-30B for permission to estabr lish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. AppL No. 37i,4 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle Ill, Section 100-31 and Ar- ticle XI, Section 100-119.1 for permission to erect tennis court with 10-fi. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County Tax Maps as Dis- trict 1000, Section 3, Block 3, Lot 3 5 along Private Road, Fishers Island, NY. 8:55 p.m. Appl. No. 3778~ BRETT AND JANET KEHL-- Variance to the Zoning Ordi- nance, Article I11, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE--H & S ASSOCIATFS. Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to con- ~.~ struct addition to existing`.[ building, (maintaining the west- · ~ erly yard setback) for use part- , lY for sales of auto parts, added I storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776-- HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article 111, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the i subject hearing. Each hearing will not start before the time al- lotted. For more information, I please call 765-1809. Dated: September 16, 1988. I BY ORDER OF i THE SOUTHOLD TOWN i BOARD OF APPEALS ] GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski ~,~ IX, 9/29/88 (50) COUNTYOFSUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Travel -Watchman once each week for ..................... ~ . weeks successively, commencing on the ~.-x~ Sworn to before me this c:~C) ~ .... day of .... ~.~.~. ..... ~9 Fg Notary Pl:~lic ifa ~['~ W. EOE~GE$SON Main Road, $outhold, NY; ' south side o! ~ouna ~eacn ,, ?gal Notices NOTICE OF HEARINGS NOTICR IS N.I~REBY' GIVEN, ,ur~uant to Secro~, 267 o~ the Town aw and the Code of the Town of ;~x~thold, the following h~ring~ will ,e held by the ~ IOARD OF APPEALS at a Regular .~cct~g at the Southrdd Town H~U. lain Road, Southold, NY 11971 on SDAY B 6 I se'at a~ack from the front proper~y line. ocarion of Property: Right-of-way each Drive, Southold, (just south of RANK AND SANDRA CURRAN ~r a Varianc~ to the Zoning Ordi- mca, Article ~ Section 100-31 for mstruction cfa pool with deck and :cti~ 100-31 for construction'of an I ¢ totel sideyards, at ptenuses know~ 7:50 p.m. Appl. No. 3759 ~ cial Excelmon to the Zoning Ordi- nance, ARicle I~_. Secfinn-100-30C, for permi~sion~lect off-preraises sign. Locatiod~Propel~y: South Side of Main Road, Southold; NY; County Tax Map Parcel No. 1000- 75-06-7.3 (Recessed from Prior 8:00 p.m. Appl. No. 3758 -- THEODORE KUDLINSKL JI~, Variance to the Zoning Ordinance, Article fir. Section 100-31 for per? missiofl to consh-uct open deck addi- tion with an insufficient rearyard set- back from existing dwelling, at promises known as 605 Righwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold. NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ~ AppL No~ 3760SE -- Special Exception to the Zoning Ordinance for petmissio~ to establish AccessoW Apartment in an existing dwelling structure in a¢cord&qce with the r~- quiremcms of A~ticle fir, Section 100-30B, subsechon 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V -- yariance to the Zoning Ordinance, Article fir, Map Parcel No. 1000-55-6-9. 8:30 p.m. AppL No. 3779 --]~ TER AND DESPINA M~ ~P~ for a Variance to~ Zoning Ordinance, Article ET, Secti~ } 100-31 and prior Appeal No. 3623 t~l rendered May 11, 1987 for approval 'of mucauc($) with reduced fideyards, at premises known aa Lot #16, Captain Kidd Estates, along south side of Sound Beach Drive, ~ntento of Mattltuck, in Mastituck, NY; County Tax Map[I Parcel No. 1000-99-1-24~ ¥ ~torn, nays that he/she la Pflnelpal 8:40 p.m. Appl. No. 3769SE -- ~LK 1'IMPS, a Weekly #awspapat, c~rc~oc, u~ F^P.~s LTD. ~an~n I~ In the Town of $0uthold, Count,/of GRIST~NA VINEYARDS~, Special Exception to the Zoning Ordinance }W Yolkt aB~ that the #0tiaa of which A~c~e fir, Secti~ 100-30B for per- t eol~A has b~n r~Jula~/imblish~l In mtsston to establish Winery, at premises loeated along tbo north side IO each week for 1 weeks of the Main Roed, Cutohogue. N¥: IBCJflg on the ~9 day of County Tax Map Parcel No. 1000- 109-01-13.' 88 8:50 p.m. Appl. No. ~764 -- ~ for Variances to the Ze~thg Ordinance, ARicle I~, Section 100-31 and Afliclc XI. Section 100- II9A for permission to ergct tennis /..~'~coufl with 10-ft. high fencing and gazebo structure in m area other than Principal Clerk the required maryard, at premises identified o~ thc Suffolk County Tax Section 100-30B(15){M} to allow conversion of dwelling for Accessory Apamnent with Ce~ifieate of Occu- pency dated after January 1, 1984, al- though Affidavit of Building Inspector indicates dweUing met the ~e- quirements for a Certificate of Occu- Maps as District 1000, Section 3, Block 3. LOt 3.5, along Private Road Fishers Island, NY. 8:55 p.m. AppL No. 3778 -- Variance to the Zoning Ordinance Article fir, Section 100-32 and re- pancy had applicaticaa bom mad~ in a ,,~e movel of Cc~dirions rendered under timely fashion. Location of Prope~y: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000- 78-O1-10.3. 8:15 p.m. JOHN T. BEEB~ -- Variances to the Zoning Ordinance, A~icle fir, Section 100-31 for ap- proval of insufficient area and width of two proposed parcels in this pro- po~ed set-off division of land, located along Beebo Drive, Cutchogue, NY; Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwclling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcal ID No. 1000-78-~-32. 9:05 p.m. Appl. No. 3774SE --H & S ASSOCIATI~$ Special caption to the Zoning Code, Article ) NOTARY PUBLIC, State,;'~ ~.~York ztiance to the Zoning Ordinance, County Tax Map Parcel No. lO00- ~ele XI, Section 100-119.2 for ap- ~;,~ 103-3-pa:z of Lot 5. oval of gazebo atmctore with an 8:20 p.m. ~ ~ufficlent setback from aa existing ~Ikhcad along Peconic Bay, at :raises known as 235 Huckelben~ d] Road, East Marion, NY; County x Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE -- MOTHY COFFEY AND THE )VE AT SOUTIIOLD. 13t~, Spa- ANNA BAKEg, Special Exception tO the Zoning Ordinance, Article fir, Section 100-30B(16) for permission to es;ablish Bed and Breakfast estab- lishment in an existmg dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY: County Tax VII, Section 100-70B for permission to construct addition to existing .: building, (maintaining the westerly yard setback) for use pe~dy for sales of auto parts, added storage, and en- gine-rebuilding shop. at premises lo- rated along the north side of the Main Road, Cutchogue. NY; County Tax Map Parcel Nofl~00-102-2-24. 9:15 p.m. Appl. No. 3776 -- HOWARD AND MARGARET BRODI~, Special Exception to thc Zoning Ordinance, Article I~, Section 100-308(15) for permission to estab- lish Accesso~ Apartment in a pro- posed addition to existing dwelling, at prer~tses known as 435 Eastward Ct., Matt~tock, NY; County Tax Map Parcel No. 1000-115-7-9. The Board of Appeals will at said time and place hear any and all per- s~ms or representatives desi~ng to be heard in each of the above matters. Wtilten comments may also be sub- mired prior to thc conclusion of the subject heating. Each hearing wil/not start before the time allotted. For more information, please call 76.5- 1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAllLMAN By Lthda Kowalski 6071-1TS29 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RnAD- STATE RI'lAD 2¢, SRUTHC]LD, 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, GERARD P. GOEHRINGER CHAIRMAN lk Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. ~s Agent for Frank and Sandra Curran u/as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY ~1951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. for Petrol Stations Re: 828 Front Street, Box 803 Greenport, NY 11944 as Attorney Cutchogue Farms Ltd. Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Traveler Street Southold, NY 11971 Inc. Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: August 1, 1988 Transmitted herewith is Zoning Appeal NO. 3763 , application of Enviroment East, Inc. A/C John J. Jessup 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 Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YOI~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPr:AL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHO/D, N. Y. / : 1, (We) Eav.i~.om~eat..Ea~t~...X.~,.~.¢... ~.of ~0.7.fi...:T,n~a~...Ne~...Z.ane~ ...: .................... Name of Appellant :~treet and Number' John J. Jessup ...P. ec.op.d.c .................................................................................... j~. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN~ INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ..~.o.v..~.~.~.~e.n.~...~.a~.t.~...Ir~c....A/.~...J.~hn..J. Je s sup Name of Applicant for permit .. ~ O. YS...I.~la r~..N~.g.k.,La ne..... ~a o. ontc .......... N~ ........................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to build addition to existiug dwelliag I LOCATION OF THE PROPERTY ..... 90..Ea~;.iR~ad.~...(~u~hm~.,g~.._. ..................................... Street use District on Zoning Map ............... 7 ......................... ......................... Mop No Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,) A~r__t_igle III 1~kl. 3 TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Mop A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art 16 Sec 280A Subsection 3 4 aREVIOUS APPEAL A previous appeal (~) been mode with respect to this decision of the Building Inspector or with respect to th,s property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made ~n Appeal No ............................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Var,once to Section 280A Subsect,on 3 A Variance to the Zoning Ordinar~ce is requested for the reason that FO,Tn ZBI (Continue on other side) REASON FOR APPEAL Continu~cl 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the rea shown on the plan is the only prac- ticle ~rea that the aadition can be made. ~he addition is to the ~est of the existing house and will provide a 15' finished off set to that side which is thw minimum side yard requirement, while not reduci~ the front yard nor'rear yard and the east side remains the s~me as well. 2 The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district becouseof its si-e. The existin~ dwellin~ bein~ only 576sq. ft.. The need for note livi~4~ space is essential. The exspansion area required is best accomodated by the addition as planned. This will allow parkin~ and activity ~rea to remain t~e same ~nd the livin~ space to increase to the Town's 850sq. ft. minimum. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because many of the homes in the vicinity are already closer to the side and rear yard lines than present code~ allow. Such is the n~ture of so m~ny communities that were de- veloped prior to present zonin~ laws, especially when the lots are two deep, between the water and road. STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn tn this ............................................. day of ................................................ 19 Notary Public I~OARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of : to the Bo~d of Aooeals of ~:h~ Tq~W[I of $~u~hold ; TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: To re duce sideyard of£aet to 15t ), 2. That the property which is the subject of the Petition is located adjacent to your property and is des. cribed as follows: ~7t wide by l18t deeD with a one stor_v framed cctt~_~e with porch located at 90 ~gast Road; Cutchogue~. owned by Je~u~ 3. That the property which is the subject of such Petition is located in the following zoning district: Re side ntial 4. That by such Petition, the undersigned will request the following relief: Reduction of side yard from 21' to 15' to provide a home eddtion of 6, X 21' (side) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Bide ~ard 15t 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk°s Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. 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 bearing 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 tho right to appear and be heard at such hearing. Dated: o7/ 8/88 Petitioner Post Office Address 3075 Incrian Neck L~e PeconiC, NY 11958 P ~33 1~', q33 CEIPT FOR CERTIFIED MAIL -- Pl~t"~'~l~' OF MAll INC P ~33 161 334 RECEIPT FOR CE~RTIFIED MAIL (~'ee 161 332 .¢EIPT FOR CERTIFIED MAIL s, z(? C STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: , of ~'~ ~o ~ . . emg duly sworn, deposesand~...~ ..... ~.-- , ~ u. me mOtlCe ~t forth on the re. ver~ s~de he~eof, directed to each of the above-named persons at the addres~s set opposite thor respective . ~m~; that the address ~t opposite the names of ~id persons are ~ current ~s~nt r~l.of lice at ~ ,~[ ~ ~" m ~outhola; thtat said Noticm were mailed at the United States post . (cemfled) (registered) mail. . , hat said Noticm were mailed Sworn  f to. fore m~is I Netary Public EL~B~H ANN N~I~ ~ PuNi~ S~ T .m E~D~res October 31.19~ FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ..... .J.u.l.y,..l ff. ............ 19 9,8. .. To gnvlroment East Inc a/c John J Jessup .... .3.q 7..5..Ln. 4 ~ .a.n..~¢ ~, .~ ......... Peconic, NY 11958 PLEASE TAKE NOTICE that your application dated .... J..u.l~ ...... ! ~ .......... 19..8.8,. for permit to construct...a.n..a.d.d..i.t.i.q n., .t.q .e..x.i.s.t. J~ .ng..~v/~.l.l.i.~g .................... at Location of Property :..9..0. ................... .E.~ g. Kqod ............ C.~t¢ho.gue ..... house Ivo. Street 'Hamlet County Tax Map No. 1000 Section .... I J .0 ....... Block ... 0 ? ......... Lot ... 15 ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..&r.t.£c 1 e..LII..1.Q073.1..Burg... · .a..n.d..P.a..r .k.t.n.g, y.e.qu. ~..Le.m.e..n.t .se.p..r pl~.o.~ ¢ ¢..c. qo $.t.r.t; ¢ ~.i.~O, ~i.l,].. h~.v.e ........... · .i..n.s.u.f.f..i .c.i.e.q t...t.qt..a !..s.i..d.e. ~.a.r. 0.s.....~.t.~ 0I~..r.e qui.r.e d. b.y .Zon.£ng. B.aard... · .o.f.b.p.p.e..a.Ls. .................................................................. RV 1180 The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be madu by th~s board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short E2%F it is ameumed that the preparer will use currently available information concerning the project and ~ha 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 ~nvironmental Assessment Ecrm is necessary. (C) If all questions have been answered No it is likely that the project ie not eignificant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? __~es ~N0 2. Will there be a major change to any unique or unumual land form on the site? ... __Yes ~ NO 3. Will project alter or have a large effect on a~ existing body of water? Yes _~No 4. Will project have a po:entially large, impact on groundwater quality? . Yes ?', NO 5. Will projec~ significantly effect drainag~ flow On adjac~n~ sice~? Yes ~ No 6. Will project affect any threatened or endangered ~aat or anima~ sp~cie~? ~es %~ NO 7. Will project result in a major adverse effect air quality? __Yes ~/No 8. Will project have a major effect on visual char- acter of the co~unlty or scenic views or vistas known to be import~= to the co--unity? Yes % /No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or pa~eontologica~ importance or any mite designated as a critical area by a local agency? _ Yes ~ No ~0. Will project have a major effect on existing or future recreational opportunities? Yes ~NO ~1. Will project result in major traffic problems or cause a ma]or effect to existing transportation 12. Will project regularly cause objectionable odors, noise, g~are, vibration, or electrical disturb- ance as a result of the projuct'~ operation? __Yes ~No 13. Will project have any impact on public health or safety? __Yes ~ NO 14. Will project affect the existing co,unity by directly cau~lng a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~; NO period or have a major negative effect on the charact~ of the co,unity or neighborhood? 15. I~ there ~lic controversy concerning the . Yes~/ No PROJECT I.O. NUMBER 617. Appendix .C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESS~i~:NT FORM Fei' UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR SEQR AMOUNT OF LAND~FFEGTED: Initially *. ~ 5 acres Ultlmalely __* I ~ 8. WiLL PROPOSED ACTION COMPLY WITH ILXI~iTING ZONING OR OTHER F...XI~TtNG LAND USE RESTRICTIONS? [] Pa~k/Fo~e~t/Opon space [] Other DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVCHNMENTAL AGt:NCY iF~'DERAL, Gl'AlE OH LOCAL)'? ~ Yu~ ~O I1 yuS, Iisi agency(s) and petmi~dpplovals ANY ASPt~C,T OF THE ACTION ItAVE A CURHL:NTLY VALID PERMIT OR/~,PPROVAL? the action is itt the Con,Iai Area. and you are a state a~jency, complete tho I OVER 1 (Co~ue~ o~ ~eve~se sLde) L~ SIGNING THIS INSTRUMENT-THiS INSTRUMENT SHOULD IS USED IT LAWySp. S ONLY. LIB[R/~u~ ~l[[~w 7 ~ day of ~ ~0~-- ,ninet .... undred ~d seventy-five FRANCES D. DICKSON, residing at 29 Spruce Street, Garden City, New York 11530 as executl~xol the last w~ and testament of THERESA BOLLHOEFER ,hte of 29 Spruce Street, Garden City, New York 11530 who died on the 20th day of January , nineteen hundred and seventy-five party of the first part, and JOHN J. JESSUP and ETHEL L. JESSUP, his wife, both residing at 1138 Tulip Avenue, Franklin Square, New York 11010, party of the second part, WI-I'NF.$S£TH, that whereas letters testamentary were issued to the party of the first part by the Surrogate's Court, Nassau County, New York, on April 10, 1975 and by virtue of the power and authority given in and by said last will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of Seven Thousand ($7,000.00) .................................... do.rs, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distrlbutees or successors and assigns of the Party of the second Part torever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~y~j~ at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly described as follows, BEGINNING at a point on the southerly line of East Road, distant 60.03 feet easterly from the corner formed by the intersection of the southerly line of East Road with the easterly line of Fleets Neck Roadl running thence North 61 degrees 15 minutes East along the southerly line 9f East Road 57.01 .feet to ~nd now or formerly of WanstallI runnir~g thence South 13 ~e~ees-'29 minutes 40 seconds East along the land riow or formerly of Wickham formerly Hawthurst 125 feet to the land now or formerly of Lester Combe and Edna Combel running thence South 74 degrees 28 minutes West along said last mentioned land 44.01 feet to the land now or formerly of Paul Pylko, formerly Wanstalll thence North 19 degrees 08 nfinutes West along the last mentioned land 112.13 feet to the point or place of BEGINNING. SUBJECT to any state of facts an accurate survey might show. SAID premises being known as (no number) and by street address, East Road, Cutchogue, New York. REALESIATE ,~ STATE OF T R A N SHiR TAXI~I;:'~-~', ,~h N E W YORK 0 7. 7 0 t fl JUH25'T5 tOGETHER with aH right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of che first part has or has power to convey or dispose or, whether~ individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party o£ the second Part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part h~s not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrrNEsS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PP~ENCE OF: Executrix, Estate of Theresa Bollhoefer On the ! 7t~ day o! ~ /Y'o~ 19 7.5, bdore me. PRA~¢g$ D, DTCK$ON, to me lmow~ to be th~ individual dem~ibed in and who executed the ~ore~oing in~trnment, ~nd acknowledged that she executed the same.. Notary Public FR~:0ER CK A. FULLHARDT NOTARY ptJ~UC, ~,~, of New York ~ual~fir:d iff lYas~au Co~, ITAff ff Na YO~ :O~ Ol ~t On ~e ~y of ~ , ~ore me ~so~y ~e m me ~own, who, ~ing by me ~y sworn, did d~ and ~y ~t he t~d~ at ~o. ; ~t he b ~e i~ ~d whi~ ~t~ ~e Eor~oi~ i~t; ~t he ~ows the ~ of ~d ~on; t~t the s~ aff~ to ~d i~t b s~ ~te s~; t~t it ~ so aff~ by order of ~e ~d oi ~r~mrs ot ~d ~- floe, ~d ~t he ~ h ~e ~o by ~e order. STATE OF NEW 4~tK, COUNTY OP On the day of 19 , before me persom~ly to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the STATI OF NEW yORK, COUNTY OF sm On the day o~ 19 , be[ore me personally came the subscribing witness to the foregoing instrument, with whom ! am person~fly acquainted, who, being by me duly sworn, aid depose and say that he resides at No. ; that he k~ows m he the inaividual described in and who executed the foregoing instrument; that he, said subscribing wimess, w~ present and saw execute the same; and that he, said witness, at the same ~ne subscribed h name aa witness thereto. ~xttutot's]~eeb FRANOE$.D. DIOK$0N eculrix, Estate of Theresa Bollhoefer TO JOHN J. JESSUP and ETHEL L. JESSUP, his wife T~IAII Fill ir #El YIIK NAIl ir Trill IIIIEIWIITEItS Distributed by CHICAGO TITLE INSURANCE COMPANY ~Krow~ of Sou~hold STmmTA~S East Ro~d, Cutchogue, New York (no street number) Recorded at Request of CHICAGO TITLE INSURANCE COMPANY Return by Mail to Frederick A. Fullhardt, 350 01d Country Road Garden City, New York Esq. Zip No. 11530 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED I~TI! YOUR APPLICATION F©i~.15 'FO Tile BOARD ~)F APPEALS Please complete, sign and return t~ the Office of the Board of Appeals with your completed application forms· If "Yes" is answered to any questions below, please be sure to!depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. '~ 2.a) b) 3. 4. 5. Are there any proposals to change or alter land contours? Yes Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Are there any areas open to a waterway without bulkhead? Are there existing structures at or below ground level, such as patios, foundations, etc? Are there any existing or proposed fences, cDncrete barriers, decks, etc? If project is proposed for an accessory building or structure, i$ total height at more than 18 feet above average ground-~-~l? State total: ft. 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 Yes Yes Yes Yes Yes Yes Yes Do state whether or not applications arc. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): 10. Planning Board Town Board Town Trustees County Health Department Village of Greenport Is premises pending a sale or conveyaHce? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 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 cQnducted upon the subject property at this tim~ Please submit photographs ~or th~ '~ecord. I certify that the above statements are true and are being submitted for rel~r~e~~//T/--D/.////~tha--Bpard of Appeals in considering my application· ~5~i/gnature (Proper5~Owner) ~u[horized Agent) ' Yes 1/88 WETLANDS [Amended 8-~6-H) hy L.L. No. 2 1( '. ' 85 I~y L.L. No. 6-19~51: .)76, 3 2~- A. TIDAL W~TLANDS: (1) All I~nds ~encrally cover~,d or intcrmit~,ntly coy. ered with, or ~vhich borch,r on, tidal waU:rs, or lands lYing beneath tidal waters, which at mcan Iow tide are covered by tidal woters to a maximum depth of five (5) feet, including but not limited ~ banks, bogs, salt marsh, swamps, meadow~, feats or other low lying lands subject to tidal ucthm: (2) All banks, bogs. meadmvs, flats and tidal marsh subject ~ such tides ami upon which grows or may grow some or any of the follo~ving: salt bay, black grass, saltwort, sea lavender, tall cordffra~, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A{2) and lying ~vithin seven. ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (1) "rreshwa~r wetlands" as defined in Article 2,1, Ti- tle 1. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Cooservation ~w ot the Sta~ of New York; and (2) All land immediately adjacent to a "freshwater wet- !and," as defined in Subsection B(1)and lying with- In seventy-five (7,5) feet landward of the most land- ward edge of a "fresh~vetter wetland." 9705 4