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Home My WebLink About3734 Southold Town Board of Appeals MAIN RI3AD- STATE RE3AD 25 SaUTH{3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3734: Upon application of KATHRYN FLEET for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area and depth of two proposed parcels in this pending division of land. Location of Property: North (Northwest) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 11, Lot 19.1. WHEREAS, a public hearing was held on December 8, 1988, in the Matter of the Application of KAT~RYN FLEET under Appeal No. 3734; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 11, Lot 19.1 (previously 19 and 1.1 as shown on the 1980 County Tax Maps). 2. The subject premises as exists is vacant, contains a total lot area of 1.942 acres, average lot depth of 200 feet, and road frontage (lot width) of 445.18 feet, all as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated September 26, 1980, lastly amended February 24, 1987. Page 2 - Appl. No. 3734 Matter of KATHRYlq FLEET Decision Rendered December 16, 1988 3. By this application, appellant requests Variances from the Zoning Code for approval of: (a) insufficient lot area for proposed Parcel No. 1 of 42,287 sq. ft., (b} insufficient lot area for proposed Parcel No. 2 of 42,287, and (c) insufficient average depth for each of 200 feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot depth of 250 feet. 5. Article III, Section 100-31 also excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and thereafter," or were approved by the Planning Board prior to May 20, 1983. The record shows that this parcel was not held in single and separate ownership prior to November 1971 and that no subdivision town approvals have been found concerning the subject premises. 6. In viewing the immediate area of those lots fronting along Old Pasture Road within Section 103, Blocks 11 and 13, District 1000 of the Suffolk County Tax Maps, the following lot sizes and parcel numbers are identified for the record: (a) Block 13, Lot 19 and 18.1 (previously 19, 18, 17 - common ownership by John H. McNeil) 43,500+- sq. ft. total; (b) Block 13, Lot 2 - 1.75+- acres; (c) Block 13, Lot 1.1 - 88,500 sq. ft.; (d) Block 13, Lot 1.2 40,000 sq. ft. (e) Block 11, Lot 20 2.5+- acres; (f) Block 11, Lot 1.2 - 18.7+- acres; (g) Block 11, Lot 19.1 1.942 acres. 7. The following three parcels are not located immediately adjacent but are opposite the subject premises to the north, within Block 11, Section 103, District 1000 of the Suffolk County Tax Map, and have access along Fleet Neck Road (or Pequash Avenue): (a) Lot 16 - 19,500+- sq. ft., (b) Lot 17 - 15,000+- sq. ft., (c) Lot 18 15,000+- sq. ft. 8. Upon inspection and viewing of the character of the immediate area, the sizes of the proposed lots are substantially smaller, and a majority of the remainder are substantially larger. 9. In considering this application, the Board finds and determines: (a) that it is the burden of the landowner to prove that the area restrictions as applied to his land imposes "significant economic injury"; and the burden of proof has not been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591 (1977); Matter of Fulling v. Palumbo, 21 N.Y. 2d 30}; Page 3 - Appeal No. 3734 Matter of KATHRYN FLEET Decision Rendered December 16, 1988 (b that the relief requested is substantial in relation to the requirements, being a variance of approximately 46%, and meeting only 54% of the 80,000 sq. ft. minimum requirement; (c) that the circumstances are not unique; (d) that the difficulties claimed are not sufficient to warrant a grant of the relief requested; (e) there will be an adverse effect of increased dwelling density thus produced on available governmental facilities by the creation of precedents if the variance were allowed, and will in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen v. Jackson 35 A.D. 2d 58); (f) the variance if granted will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; (g) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by denying this apDlication. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3734 in the Matter of the Application of KATHRYN FLEET, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. Absent was: Member Doyen of Fishers Island, due to serious family illness. This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TO~VN Ct.~itK DAT~,/,~/¢2~¢/~ HOUR/l:~'4¢"/ - ~ERARD P. GOEHRINGER, C(H%IRMAN APPEALS BOARD MEMBERS GERARD P, GOERR1NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. $outhold 'own Board of Appeals MAIN RDAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 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, DECEMBER 8, 1988 at the following times: 7:30 p.m. Appl. No. 3803 - JAMES AND PHILOMENA MONICA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42; County Tax Map District 1000, Section 88, Block 4, Lot 31. 7:35 p.m. Appl. NOo 3792 - NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot 9135; County Tax Map District 1000, Section 21, Block 5, Lot 5. Page 2 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 7:37 p.m. Appl. No. 3791 JAMES H. BERGERON. Variance to the Zoning Ordinance, Article III, Section 100-30A(1) and Article XI, Section 100-118, for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. Appl. No. 3795 - PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road ~12, Southoid, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793 - JAMES kN-D STELLA MANOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to rebuild deck structure with 30+- sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Page 3 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals Block 5, Lot 2.2; also known as Lot 94 on the Minor Subdivision Map for Philip Druhl, P.B. File ~22, endorsed March 24, 1970. 7:50 p.m. Appl. No. 3804 - ELLEN BLACK GUYTON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-118, for permission to rebuild nonconforming accessory ~storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west ~northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. 7:55 p.m. Appl. No. 3794 - JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bank along the Long Island Sound. Southold, NY; 01, Lot 22.1. Location of Property: 18565 Soundview Avenue, County Tax Map District 1000, Section 51, Block Page 4 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:~~0~~.~.Appi. No. 3734 - KATHRYN FLEET. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth, of two proposed parcels in this pending division of land. Location of Property: North (Northwest) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 11, Lot 19.1. 8:05 p.m. Appl. No. 3780 - ARMANDO CAPPA. Variance to the Zoning Ordinance, Article III, Section t00-30C, for permission to erect ground sign, advertising off-premises business ("Ciccilino," Fine Italian Dining). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11ol. 8:10 p.m. Appl. No. 3805 - PAUL AND MARGARET KAYSER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:15 p.m. VICTOR AND LIN-DA CATALANO: (a) Appl. No. 3800 - Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Private Right-of-Way extending off the South side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. (b) Appl. No. 3799 - Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to construct principal building for use as a poolhouse/cabana, accessory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. Page 6 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI. Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+-acre parcel. Zone District: "C-i" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC. Variance to the Zoning Ordinance, Article XI, Section 100-119 and Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling With an insufficient rearyard setback on a lot which has frontage along three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Please publish the above Legal Notice on or before December 1, 1988 and forward one Affidavit of Publication together with your voucher on or before December 6, 1988. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOV~I CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL Coun[y Tax Map No. 1000 Section . .'fl. ~ .~ ...... Block .... ~.t.~ ...... Lot ... t ~ ~ J ..... Subdivision .................. Filed Map No ................. Lot No ................. is returned herewith and disapproved on the following grotmds .~'~.~ ~.~.1~.7 ~9 ~.~~..%~. ~. g~%.~,.. ~.0.~. ~ ~,.- -~' ~}:,~%.o.~.. - .......... ..~. .......... : ............ :..- .......... - TOWN OF SOUTHOLD, NEW YORk APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APP~LS, TOWN OF SOUTHOLD, N. Y. 1, (We) ......... L~AT.L-iP,×N.~..F..J~E.T. ............................ of ..~J~,.u~s.t..£r4~l~..~.v~..~..~... Name of Appellant Street and Number .................... .C..u..t..c..h..o.~.u..e. ........................................................ .N.?..¥....y.9..r..k' .......... 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 ( ) ( ) iX) Nome of Applicant for permit of ....... ......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERHIT TO SET-OFF 1. LC)CATION OF THE PROPERI~K~J.~..~.~.[~..~H~-Res]de~ial A~r[?ltural Street~ /Hamlet / "0~' ~i~ri~"~"~i~"~ District 1000 Section103 Blockll Lotl9.1. _ .................................................................................. curren~ Owner Kathryn Fleet Mop No. Lot No. Prior Owner.._Estate of George H. Fleet 2. PROVISION (SI 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 ill Section ]00-3] 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock o~ access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) iX) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicant would like to subdivide this two acre parcel into two lots, each containing 42,287 square feet and approximately 200 feet in depth. ~rm ZB1 (Continue on other side) REASON FOR APPEAL Cantinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saR HARDSHIPbecouse the zoning ordinance would permit only one long narrow lot having excessive side yards and road frontage. The lot is not properly proportioned for a single residential lot. Limiting applicant to one lot would result in a severe reduction in value, as the value of two separate building lots ~ould exceed the value of the entire parcel as a single building lot by $45,000.00 to $60,000.00. 2. The hardship created is UNIQUE and is not shored by oil prope~ies alike in the immediate vicinity of this property and in this use district because the lot is the only remaining lot in the neighborhood capable of being subdivided. Other lots in the area are either much smaller than the proposed lots, contain considerable wetlands which limit upland area, or have been the subject of the sale of development rights to Suffolk County. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed lot sizes are a logical consequence of the shape of the entire parcel and fit in with the neighborhood scheme. STATE OF NEW YORK COUNTY OF SUFFOLK ss Sworn to this ...~. ................ /.~ ................... day of ........ ..~'..~/./ .................................. .................. IN'tory rUDI,C .......... 1988 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST, SUB. LOT FORMER OWNER N E . ~1~. S W TYPE OF BUILDING R[S. S[AS. { VL FARM COMM. C~. ~ISC. Mkt. V~lue LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Ac~e Value Per Volue Ac re Tillobb Tillable Tillable Woodland Swampland -FRO~T~ ~N-WATER House Plot DEPTH ,~ C ~ T.)"'/ , ~ULKH~D To~I DOCK APPEALS BOARD MEMBERS GERARD P. GOEHR]NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appem_. NIAIN ROAD- 5TATIE ROAD 25 50UTHr'ILD, I...1., N,Y. '119'7] TELEPHONE (516) 765-1809 January 10, 1989 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoCo Re: Appeal No. 3734 - Kathryn Fleet Dear Gail: Transmitted herewith for your information and file is a copy of the response received from the Suffolk County Department of Planning in accordance with our referral under the Suffolk County Administrative Code requirements. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE LEE E, KOPPELMAN DIRECTOR OF PLANNING January 5, 1989 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "Kathryn Fleet" (#3734) Town of Southold (SD-88-38). Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on January 4, 1989, reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: It would only tend to undermine the effectiveness of the zoning ordinance; It is inconsistent with the prevailing lot size pattern in the surrounding area; o It would tend to establish a precedent for the continuance of such undersized lots in the locale; and, Sufficient information has not been submitted to demonstrate compliance with an applicable variance criteria. Very truly yours, GGN:mb Lee E. Koppelman Director of Planning Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 1 1781B Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 Sf-IUTHOLD, L.I., N.Y. ]19'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI ~Ja~es Dinizio, Jr. Pursuant to Article X~I! 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 100-31 Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3734 Applicant: Kathryn Fleet Location of Affected Land: North side Old Pasture County Tax Map Item No.: 1000- 103-11-19.1 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Boundary of Existing or Other Recreation Area Road, Cutchogue, NY Thruway Proposed County, State or Federally Owned Proposed County, State or Federal Park or Land 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. COMMENTS: Applicant is requesting ~~ ~ of insufficient lot area and depth of two proposed parcels in division of land Copies of Town file and related documents enclosed for your review. Dated: December 20, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. December 19, 1988 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3734 - Kathryn Fleet Dear Gail: Transmitted for your records is a copy of the official findings and determination rendered by the Board of Appeals in the above matter at our December 16, 1988 Special Meeting. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Planning Board Suffolk County Department of Planning Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 8, 1988 Appeal No. 3734 - Matter of KATHRYN FLEET Board Members present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. and Joseph H. Sawicki, constituting a quorum of the Board. Board Members absent were: Serge J. Doyen, of Fishers Island, due to serious family illness, and James Dinizio, Jr., due to bereavement. Also present were: Board Secretary Linda Kowalski, and approximately 25 persons in the audience. Chairman Goehringer opened the hearing at 8:13 p.m. and read the notice of hearing for the record. CHAIRM3~q GOEHRINGER: I have a copy of a survey dated Septem- ber 26, 1980 prepared by Roderick VanTuyl, P.C. showing Lot #1 proposed at 42,287 square feet, and Lot #2 at 42,287 square feet, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The most recent date on that survey by the way is February 24, 1987 by Roderick VanTuyl, P.C. Miss wickham, would you like to be heard? ABIGAIL A. WICKHAM, ESQ.: Yes, thank you. This variance is basically in terms of practical difficulty, generated because this is really a double lot in terms of the frontage. The basic difficulty comes in the placement of a house. If you put a house in the center of the lot, you have very large sideyards on either side, and you would also be building in the depression, which doesn't show too much on the contours because they're five ft. contours. But if you look at the lot, there is a definite depression in the middle of the lot, and rain does--water does Southold Town Board of Appeals -2- December 8, 1988 Regular Mtg. (Transcript of Hearing - FLEET - Appl. No. 3734, continued:) MS. WICKHAM, continued: gather there in any sizeable rainstorm. If you were, in the alternative, to build a house on either side of the lot on the higher ground, then you would have one very excessive sideyard, which would really not lend itself to any reasonable sideyard purpose in terms of proper proportions of building, and there is adequate depth, in order to construct a reasonable size house on both of these proposed lots. As far as the uniqueness of the application, this is really the only lot in the neighborhood left which is by any way, shape or form, divisible. On the farm to the north of this property, the development rights have been sold, so you would not be creating any sort of precedent with respect to further division of that property. My house is directly across the street. One of the lots on that property is two acres in size, however, that is not practical to be ever divided because the house is on one side of the lot and the other side contains a large intrusion of wetlands. So there would be no way to practically divide that lot. On the west side, formerly Dorothy Fleet's property, has a house on one side and it is bisected by a right-of-way leaving a very small, maybe a third-acre parcel on the other side, and therefore that is also impossible to be divided practically. And Kathryn Fleet, the owner, has a owner of 1.8 acres on the east side of my residence. That again has a large amount of wetlands on it, so although the size of the tax map looks big, the actual upland area is not too much. And therefore you wouldn't be creating a precedent in terms of the neighborhood. As far as the character of the district, you can see from the tax maps, which I believe you do have in your file, and if not I have a copy here-- CHAIRMAN: No. We have it. MS. WICKHAM: You have it. That, as you know, Fleets Neck and the Pequash Avenue and West Creek Avenue area have many lots that are only a quarter-acre, half-acre in size, so this is certainly more than that and it's far in excess of any of those immediately surrounding lots as you go down the street. Moreover, you did consider and grant a few years ago a variance on a piece of property on West Creek owned by Faulkner, which Linda was kind enough to dig out of the files for me today and I have a copy for you. There you permitted a division of a parcel into two lots of 34,000 and 33,000 square feet, and that was a Southold Town Board o~ppeals -3- December 8, 19~ Regular Mtg. (Transcript of Hearing - FLEET - Appl. No. 3734, continued:) MS. WICKHAM, continued: much greater variance that was granted. There there was a house located on one side and the justification as would be here--excessive side yard and the size of the other parcels in the neighborhood. And if I could, I'd like to give you that decision. CHAIRMAN: Sure. Thank you. (Submitted copy of Z.B.A. Decision for William and Linda Faulkner under Appeal No. 3192.) CHAIRMAN: Can I just ask you a question? The 18.7-acres west of the parcel we're talking about--that's in the Development Rights Program? The Wickham piece? to the MS. WICKHAM: Yes. As is the 8.3-parcel next to it. CHAIRMAN: And that's the Suffolk County Development Rights, right? MS. WICKHAM: Suffolk County, yes. Do you want a copy of the Tax Map because it's shown right on it. CHAIRMAN: It's just that our tax maps, the ones that come from Real Property Tax Service have them and sometimes they don't. MS. WICKHAM: I know for a fact that that is a part of John Wickham's farm and that was conveyed. CHAIRMAN: Ok. MS. WICKHAM: And that also affects that little 50-ft. strip just to the east of this property that goes out to Old Pasture Road. CHAIRMAN: Is that a right-of-way, or that deeded? MS. WICKPLAM: No. He owns that. CHAIRMAN: No, I meant the little piece that is included in the job on this particular piece. MS. WICK}lAM: That's owned. CHAIRMAN: That's deeded to Lot #2. Right? MS. WICKHAM: Yeah. CHAIRMAN: Ail right. I thank you very much. Southold Town Board o~ppeals -4- December 8, 19~Regular Mtg. (Transcript of Hearing - FLEET - Appl. No. 3734, continued:) MS. WICKHAM: No, I'm not done yet. I just wanted to continue about the character of the neighborhood. One thing that the Planning Board commented on was the fact that the Master Plan didn't propose this for two-acre or single-acre zoning. They proposed it for one-acre zoning. It's the only lot in the neighborhood that could possibly be affected, and I think that's a little arbitrary. Also, it's still subject to a great deal of discussion, and I'm not sure how much weight the Board can put on it. I'd also like to comment that when the Board was originally-- the other Board -- was originally considering the Master Plan in terms of gross areas of where density should fall, this area was considered as the rest of Fleets Neck as a higher density area, and I have a November 18, 1985 Map that indicates that, and if I could give that to you, perhaps you could include that in the record. Since then, they've just changed the line about 100 feet and excluded it. (Copy of portions of November 18, 1985 Map submitted for the record.) CHAIRMAN: Thank you. MS. WICKHAM: And finally, I just wanted to say that in the agenda tonight, it indicated a variance for insufficient area, width and depth; and I believe we just have area and depth here. So I only want to tackle two problems, not three. Thank you. CHAIRMAN: Thank you. Is there anybody else that would like to speak in favor of this application? Anybody like to speak against it? (No one). Hearing no further comment, I'll make a motion closing the hearing and reserving decision until later. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to declare the hearing concluded (closed) and reserved decision until a later date. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. This resolution was duly adopted. lnda . Kow~Ski, Secretary Southold Town Board of Appeals Southold Town Board of Appeals -3- May 2, 1984 Special Meeting RESERVED DECISION: Appeal No. 3192. Upon application of LINDA MILLER FAULKNER, Box 787, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reseparate two parcels with insufficient area and width. Location of Property: Southwest Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-13-4 and 5 (now 5.1). The public hearing on this matter was held on April 5, 1984, at which time the hearing was declared closed pe'nding reinspection and deliberations. The board made the following findings and determination: By this appeal, applicant seeks a variance to the provisions of Article III, Section 100-31, Bulk Schedule of the Zoning Code, for permission to re-separate two proposed lots, Parcel 1 of 34,124 sq. ft. in area with 110' lot width, and Parcel 2 of 33,101 sq. ft. with 120' lot width. The premises in question are located on the southwest side of West Creek Avenue at Cutchogue and front along Wickham Creek. Parcel 1 is improved with a one-family, 1½-story frame dwelling with porch and is set back approximately 82 feet at its nearest point from the front property line. Parcel 2 is vacant. At the easterly side of Parcel 2 are a stretch of trees attractively screening the parcel and which have been existed for at least 35 years. Adjoining property owners have indicated their concern for these trees and the board was assured by the applicant that it is not her inten- tion to remove or destroy these trees and accordingly would not object to that stipulation by this board. For the record it is noted that this project has received the approval of the N.Y.S. Department of Environmental Conservation March 7, 1984 under Permit #10-83-1536. Also, since this matter has been reviewed by the Planning Board at their January 9, 1984 meeting and an unfavorable resolution was adopted, it is recommended that the Planning Board proceed in accordance with Chapter Al06 if the January 9, 1984 action was taken to reiterate the same reasoning of the Building Inspector in his November 14, 1983 Notice of Disapproval. It is further noted in researching the history of these premises, the property was conveyed separately prior to the enactment of zoning (1957), and that at the time of the 1963 conveyances when these par- cels were recognized as separate lots, the minimum zoning requirement for lot area was 12,500 sq. ft. and 100 ft. lot width. Upon investi- gating the character of the area, a majority of the parcels in the immediate vicinity are less than that proposed by this application. Southold Town Board ppeals -4- May 2, 198~"Special Meeting FAULKNER, continued:) (Appeal No. 3192 - LINDA MILLER In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that the granting of the requested relief, the character of the neighborhood will not be adversely affected; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; and (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3192, application of LINDA MILLER FAULK- NER for approval of insufficient area and width, Parcel 1 having an area of 34,124 sq. ft. and width of 110 feet and Parcel 2 having an area of 33,101 sq. ft. and width of 120 feet, BE AND HEREBY IS APPROVED AS APPLIED SUBJECT TO THE FOLLOWING RECOMMENDATION: That the existing trees be retained within five feet of the proposed division (center) property line. Location of Property: Southwest Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-13-4 and 5 (5.1). Vote of the Board: Ayes: Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolu- tion was adopted by unanimous vote. APPEAL NO. 3242 - HENRY DOMALESKI: In reviewing the new file for approval of access over a private right-of-way and approval of insufficient lot width, the following action was taken: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3242, application for HENRY DOMALESKI, for a proposed two-lot subdivision with insufficient width and for approval of access, be held temporarily IN ABEYANCE pending review and receipt of comments from the Planning Board and N.Y.S. Depart- ment of Environmental Conservation (Tidal Wetlands Reg. 661.5(b)[57]. Vote of the Board: Ayes: Messrs. Goehringer, Griognis, and Sawicki. Member Doyen of Fishers Island was absent. This tion was adopted by unanimous vote of the members present. Douglass resolu- OREGON NORTH LONG HOGU£ NEW SUFFOLK Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Zoning Board of Appeals From: Planning Board Re: Kathryn Fleet SCTM 91000-103-11-19.1 Date: October 17, 1988 The Planning Board recommends that the Zoning Board of Appeals not grant an area variance for this proposal because it is inconsistent with the proposed Master Plan and the immediately adjacent lots. jt Southold Town Board of Appeals I~AIN RI3AD- ~TATE RnAD 25 ~nUTHnLD, L.h, N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. September 21, SERGE DOYEN, JR. JOSEPH H. SAWICKI TO: Southold Town Planning Board Mrs. Valerie Scopaz, Planner 1988 RE: Matters Involving P.B. October Calendars For your convenience below is a list of our upcoming applications, some of which have been reviewed by your office, (or will involve Planning Board jurisdiction) for subdivision or site plan projects. If you choose to submit written comments on any of these files, please transmit same to our office no later than October 25th. In the event that no response from you is received on or before October 25th, we will assume that you have no objection to the general layout of the project. ~athryn Fleet - 1000-103-11-19.1 (Map. Previously Submitted per letter dated 6/22/88 from A. Wickham, Esq.) Attached is a copy of the subdivision map. Please feel free to review our file at any time if necessary for your response to this coordination.) lk [,C.\LE ' 50', 1' A~EA: Lc~12 ^CAE} - WlCKHAM, WlCKHAM & BRESSLER, p.c. MAIN ROAD, P.O. BOX 14~4 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 September 19, 1988 MORTGAGE OFFICE Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Attention: Mrs. Linda Kowalski Re: Kathryn Fleet Subdivision Dear Linda: Enclosed is a Single and Separate Search prepared by Security Title Company. However, since the search is somewhat non-specific due to the confusing nature of the back deeds, we also enclose an affidavit of the owner together with a copy of the tax search with respect to the Single and Separate nature of the parcel. I also enclose a copy of the supplemental deed dated April 20, 1981 replacing the original deed which was lost, and copies of the two deeds from the Madolin F. Barteau estate and heirs conveying to Kathryn Fleet as a result of settlement of that estate. Madolin F. Barteau died in 1976. If the Board has any questions, I would be glad to review this information with them or you. Very truly yours, · Ab?lg~il A. Wickham AAW:amm enc. STATE OF NEW YORK COUNTY OF SUFFOLK ss.: KATHRYN FLEET, residing at No# Old Pasture Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, being duly sworn, deposes and says I am the owner of two and one-tenth (2.1) acre parcel on the North side of Old 'asture Road, Suffolk County Tax Map #1000-103.00-11.00- 019.001. I purchased the property from the Estate of my father, George H. Fleet around 1948-1949. Apparently the deed was never recorded and I have no idea what happened to it. I received a replacement deed from my father's estate dated April 20, 1981 and recorded May 5, 1981 in Liber 8998 page 13. This deed recites that it is a supplement to the previous one. At the same time, I received deeds from Betty D. Dawson and Janet R. Field, heirs of George H. Fleet for a fifty (50) foot strip on the East. I owned four-ninths (4/9) interest in this strip as an heir of my father, George H. Fleet. The deeds conveyed the remaining five-ninths (5/9) interest to me. After I purchased the property initially, I paid real property taxes on it and have continued to do so. Attached is a tax search which shows payment by me from 1957 on. I make this affidavit to show to the Town of Southold that the property is Single and Separate. Sworn to~b~efor5 m~ this NOT~? PU~L~T~~' ~ ~ Rese. arch Serwce Corp. (7~9) 237-9~43 July 22, ]988 ATTENTION: Mr. Penny RE: 30 Year Assessed Owner Search ]987/88 1986/87 1985/86 ]984/85 1983/34 ]982/83 ]98;/82 Kathryn Fleet 1.99 acr Kathryn Fleet 1.99 acr Kathryn Fleet 1.99 acr Kathryn Fleet ].99 acr Kathryn Fleet ~.99 acr Kathryn Fleet t.99 acr Kathryn Fleet 1.75 acr 1980/81 1979/80 1978/79 1977/78 Kathryn Fleet 1.75 acr Kathryn Fleet ].75 acr Kathryn Fleet 1.75 acr Kathryn Fleet ].75 act ]976/77 Kathryn Fleet ].75 acr ]975/76 Kathryn Fleet 1.75 acr ~974/75 Kathryn Fleet ].75 act 1973/74 1972/73 ]97]/72 1970/7l 969/70 968/69 967/68 966/77 965/66 964/65 963/64 Kathryn Fleet Kathryn Fleet Kathryn Fleet Kathryn Fleet Kathryn Fleet Kathryn Fleet Kathryn Fleet 75 act 75 acr 75 act 75 act 75 act 75 acr .75 act Title #S969100. 1000-103- 1-19. 1000-103- ]-19. 1000-103- 1-19. 1000-103- ]-19. 1000-103- 1-19. 1000-103- 1-19. 1000-103- ]-19 NX Wickhams Frt Frm EX Wickhams Frt Frm SX Old Pasture Road WX White 1000-]03-]1-19 ]000-103-]]-19 1000-]03-]l-]9 ]000-103-ll-i9 NX Wickhams Frt Frm EX Wickhams Frt Frm SX Old Pasture Road WX DC Fleet ]000-]03-]]-]9 ]000-103-]]-]9 1000-103-1]-]9 NX GH Fleet Est. EX GH Fleet Est. SX Old Pasture Road WX H.S. Fleet 1000- 03- ]-19 ]000- 03- 1-]9 ]000- 03- 1-19 lO00- 03- 1-]9 1000- 03- 1-19 1000- 03- 1-19 t000- 03- 1-19 NO MICROFILM AVAILABLE Kathryn Fleet 1.75 acr 1000-103-11-]9 Kathryn Fleet 1.75 act 1000-103-]1-19 Kathryn Fleet 1.75 acr 1000-103-11-19 (718) 237-g6~3 Barretta Research Service Corp. 1962/63 Kathryn Fleet 1.75 acr 1961/62 Kathryn Fleet 1.75 act 1960/61 Kathryn Fleet 1.75 acr 1959/60 Kathryn Fleet t.75 acr 1958/59 NO MICROFILM AVAILABLE 1957/58 Kathryn Fleet 1.75 acr 1000-103-11-19 1000-103-11-19 1000-103-11-19 1000-103-11-19 1000-103-11-19 604(c) .............. ; ...... _[:. ...... TITLE NO. S-969153-SS SS SECURITY TITLE and GUARANTY COMPANY certifies that title was examined to the premises described herein. (ATTACHED) That said premises are bound on the North and east by: Wickham's Fruit Farm On the South by: Old Pasture Road On the East by: and on the West by: Peter Preziosa & Louise, his wife This affidavitnis made to induce the Board of Appeals of the Town of Southold , to reach any determination of the foregoing information which is a basis therefore, well knowing that said Board relies upon the truths of the statements contained herein. The liability of this Company, however, under this CERTIFICATE is limited to ONE THOUSAND ($1,000.00) DOLLARS for any reason. Dated: 5-15-88- SECURITY TITLE and GUARANTY COMPANY Cathy Kostrewski Ti~e No. S-969153-SS ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, at Cutchogue, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Old Pasture Road, marking the Southwest corner of premises about to be described and Southeast corner of lands of Dorothy C. Fleet; RUNNING THENCE North 35 degrees 31 minutes 20 seconds West 201.03 feet to a point and lands of John Wickham; RUNNING THENCE North 47 degrees 52 minutes 00 seconds East 420.18 feet to a point and other lands of John Wickham; RUNNING THENCE South 45 degrees 29 minutes 00 seconds East 183.12 feet to a point on the North side of Old Pasture Road; RUNNING THENCE the following three along North side of Old Pasture Road; 1) South 47 degrees 52 minutes 00 2) South 45 degrees 20 minutes 40 3) South 47 degrees 52 minutes 00 to the point or place of BEGINNING. (3) courses and distances seconds West 51.91 feet; seconds East 17.03 feet; seconds West 403.27 feet Deed Deed Southold at Cutchogue Northside Old Pasture Road Title No. Su~ct Premises 1000-103.00-11.00-019.001 S-969153-SS Harry L. Fleet & Ida C. Fleet to George H. Fleet George died 5/30/32 a resident of Dated: 1/22/1896 Rec'd: 2/5/1896 Liber: 435 cp 354 Suffolk County 267P1932 DeLancey S. Pelgrift, executor of estate of George H. Fleet, deceased to Kathryn Fleet Dated: Rec'd: Liber: 4/20/81 5/5/81 8998 cp 13 Last record owner. Deed Deed Deed Deed Deed Deed Southold at Cutchogue North of Old Pasture Road West of Pequash Avenue Title No. S-969153-SS Variance North & East 1000-103.00-11.00-001.002 Kathryn Fleet & Janet R. Field to John Wickham, Anne R. Wickham & Thomas H. Wickham d/b/a Wickham's Fruit Farm Dated: Rec'd: Liber: 3/28/77 4/19/77 8221 cp 325 Betty B. Dawson, executor of estate of Madolin F. Barteau, died 10/8/76 Suffolk County 1791P1976 to John Wickham, Anne R. Wickham & Thomas H. Wickham d/b/a Wickham's Fruit Farm Dated: Rec'd: Liber: 4/13/77 4/19/77 8221 cp 329 Betty B. Dawson, executor under Last Will & Testament of Madolin F. Barteau to Kathryn Fleet Dated: Rec'd: Liber: 6/11/79 6/21/79 8646 cp 49 Janet R. Field to Kathryn Fleet Dated: Rec'd: Liber: 6/15/79 6/21/79 8646 cp 51 DeLancey A. Pelgrift, as executor under Last Will & Testament of George H. Fleet, deceased to Kathryn Fleet Dated: Rec'd: Liber: 4/20/81 5/5/81 8998 cp 13 John Wickham, Anne L. Wickham & Dated: Thomas H. Wickham d/b/a Rec'd: Wickham's Fruit Farm Liber: to Wickham's Fruit Farm 12/8/80 12/24/80 8934 cp 571 Note: (development rights assigned to County of Suffolk 8756 Cp 214) Last record owners. Variance South: Old Pasture Road Deed Deed Deed Deed Southold at Cutchogue North side Old Pasture Road West side Honeysuckle Lane Title No. S-969153-SS Variance West 1000-103.00-11.00-020.000 Kathryn Fleet to Henry L. Fleet Dated: Rec'd: Liber: 7/1/49 8/22/49 2983 cp 422 Henry L. Fleet to Dorothy C. Fleet Dated: Rec'd: Liber: 5/5/61 9/13/62 5230 cp 386 Dorothy C. Fleet, individually and as executor, Ann Fleet Malin, Sally Fleet Boenan, co-Trustees, under Last Will & Testament of Henry L. Fleet, deceased to Margaret L. White Dated: Rec'd: Liber: 4/8/81 5/5/81 8998 cp 15 Margaret L. White to Peter Preziosa & Louise Preziosa, his wife Dated: Rec'd: Liber: 1/19/88 2/2/88 10530 cp 383 Last record owner. r l~m d mm mm ~m · m m ~m ~m ~mm ~m mm~ '~m~ a-m W mmmm~ m W ~ mW ~m~m~' m ~m mm d m- W~mmm m m~ mss WICKHAM, WICKHAM 8, BRE$$LER, f,.c. MAIN ROAO, P.O BOX 1424 ~I^TTITUCK, LONG ISLAND 516-298.e353 RECEIVED June 22, 1988 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: ~pplication for Set-Off for Kathryn Fleet Gentlemen: Enclosed are acc. py of the petition to the Zoning Board of Appeals on the matter cited above and a copy of the sur~ey. The applicant would llke to divide this twc acre parcel into two lots, each containing 42,287 feet and apFroximately 20£ feet in depth. If the variance is approved by the Zoning Board of Appeals, I will submit to you a copy of its approval, along with the subdivlsion application, and the applicable fee. Please advise if there is anything else you would llke at this time. Very tr. uly_ yours, Abigail A. Wickham AAW:amm APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 May 16, 1988 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P.Co Re: Application for Kathryn Fleet lO00-103-11-19.1 Dear Gail: After reviewing the above application received late Friday afternoon, we must ask that the following paragraphs be completed and returned as soon as possible for filing: (a) Paragraph #1, prior owner's name of record; (b) Paragraph #2, Article and Section of the Code for which the application is being made; (c) Paragraph #3; (d) Paragraph #4. Upon receipt of the above, we will file same with the Town Clerk's Office and transmit the filing-fee receipt to you. /// In the interim, please furnish a single-and-separate \~ title search certified by a title insurance company which .~ c~¢-//,includes the history of conveyances involving this parcel '~-~ ~.~/betWeen January 1957 and May 1988. Page 2 - May 16, 1988 To: Abigail A. Wickham, Esq. Re: Application for Kathryn Fleet If the title search is received by our office by June 9, 1988, it is expected that the public hearing would be held at the following Regular Meeting. Yours very truly, GERARD P. GOEHRINGER .CHAIRMAN Enclosures By Linda Kowalski Southold Town Board of Appeals MAIN RI'lAD- STATE: RrlAD 25 BDUTHIJLD, L.I., N,Y. 1tc:fl71 APPEALS BOARD MEMBERS TELEPHONE (516) 765-1809 December 8, 1988 GERARD P. GOEHRINGER, CHAIRMAN S · E . Q · R .A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ James Dinizio, Jr. APPEAL NO.: 3734 PROJECT NAME: Kathr~n Fleet This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sig~ifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Approval of insufficient area, width and depth of two proposed parcels in this pending division of land. LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more particularly knQwn as: Old Pasture Road, Cutchogue, NY 1000-103-11-19.1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction as regulated by Section 617.13 for a lot-line or area variance. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }[all, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. 6 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, ~m~ant to Se~ion ~67 c~' the Town xc Southold, th:~kffiowing hearings ['OWN BOARD OF APPEALS at a legular Meeting at the Southuld Fown Hall, Main Road, Southold, 'qY 11971, on ~ ~ at the following 7:30 p.m. AppL No. 3803 -- JAMES A~D PHILOMENA MON- ICA. Variance to the Zoning Ordi- nance, At,cie IH, Section 100-31, Bulk Schedule, for approval of deck with an insufEciem reao/ard setback. Location of Property: 545 Bay Haven Lane, Southuld, NY; Terry Waters Map No. 2901, Lot 42; County Tax Map District 1000, Sec~on gg, Block 7:35 p.m. AppL No. 3792 -- NICK THEOPHILOS. Variance to the Zoning Ordinance, Article X], Section 100-119.2A for Pennissi~ from average line of bluff along the Long Island Sound, Location of Property: 450 The Strand, East Marion, NY; pebble Beach Farms, lac, S. ubdivisi~ Lot #13.% County Tax Map Disrtint 1000, Section 21, Block 5, L~ 5. 7:37 p.m. Appl. No. 3791 -- gAMES H. BERGERON, V~riance to the Zoning Ordinance, Article I~, Section 100-30A(I) and Article XI, Section 100-11g, for penni,ion to rebuild existing nonconforming sin- gin-family dweUmg. Location of Property: 185 Riley Avenue, Matti- tuck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29, 7:40 p,m. Appl. No. 3795 -- PE- TI~ ~ DOROTHY MICCXCHF. Variance to the Zoning Ordinance, Article IH, Sectio~ 100-32 for per- missin~ to ce~stmct detached garage ~b in ~n ama ctber than tba mquimt ~".~r- yard. Location of Property: 270 pti. yam Road #12. Southold, NY; County Tax Map Distdct 1000, Sec- tion 78, Block 6, Lot 4. L 7:45 p.m. Appl. No. 3793 3AMES AND STELLA MANOS. Variance to the Zoning Ordinance; A~icle XI, Section 100-119.2(C) for Permission to rebuild deck structure with 30~ ~. ft. expansion, within 75 feet of the ~ fmshwa~' wedmds near Great Pond. Locati~ of Prop- erly: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Block 5, Lot 2,2; also known as Lot #4 on the Minor Sub- division MaD for Philip Dmhl, P.E. File #22, endorsed.March 24, 1970. 7:50 p.m. App1. No. 3804 -- FY I ~N BLACK GUYTON. Variance to the Zoning Ordinance. A~cle Ill, Section 100-32, and Article XI, Sec- tion 100-115, for permission to r~- build nonconforming accessory (storage-garage) building in the front- yard ar~a. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattimck, NY; County Tax Map District 1000, Section 107, Block 01, Let 11, 7:55 p.m. AppL No. 3794 -- JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article X'I, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bank along the Long Island Sound, Location of Proi~zty: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01', Lot 22.1. f~ g:00 p.m. AppI. No, 3734 / KATHRYN FLEET. Variances to the Zoning Ordinance, A~cle wi, Section ~ 100-31, Bulk Schedule, for approvat- ] of insuffidiem area, width and depth, / of two proposed ps~cels in this Peed, ~ in# division of land, Location of Property: Noah (Northwest) Side of Old Pasture Read, Cutchogue, NY; ~ C. oumy Tax Map District 1000, Sec- rie~ 103, Block I l, LOt 19,1. 8:05 p.m. AppL No. 3780 ARMANDO CAPPA. Variance to the Zoning O~dinance, Article Section 100-30C, for PermisSion to premises business ("Ciccilino," Fine Itaban Dining). Location of Property: NY; County Tax Map District 1000, Section 56, Block 6, Lot II.L · 8:10 p.m. Appl. No, 3805 :-= ti~ of Property: 1005 Mill Crml~ Block 3, Lot 39. CATALANO: (a) App1. No. 3800-- Variance to Pmpe~y: West Side of Private Right. (b) AppL No. 3799 -- Variance to accesso~ to ~,T~o~min g residence, wi~ cation of Property: South Side of NY; County Tax Map Disuict 1000, Property: 8595 Cox Lane and the 8:30 p.m. Appl. No. 3807 -- MOHRING ENTERPRISES, INC. Vatiance to the Zoning Ordinance, Article XI, Section 100-119 and Article l~, Section 100-31, Bulk Schedule, for permission to locate new dwellJn8 with an insufficient rearyard setback on · le~ which has f~m~tege along three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Sonthold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block The Board of Appeul~ will at said time ~d place hear any and all per- ~s or representatives desh~ng to be heard in each of the above matters, WriRen c~nmenu may al~.bu sub- miued prior to the conclusion of the subject bua~ng. Each baa6ng wi~'nct start before the time allotted, more information, please call 76.~- 1809. Dated: Nove~nber 22, 1988. BY ORDER OF THE SOUTHOLD TOWN EOARD OF APPEALS' GERARD P. GOEHRINGER; CHAIRMAN By IAnda Kowalski 6135-1TDI / A,MAI~Y K. OEGNAN RY Pb~i! !C. ~t? of ~ew York - ~uftolk Co*mtv ~o. 4b~,,~3 ~ Term ~pires Februa~lS~ :, in ,ipal )er, y of ~ich of NOI'ICE 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 THURSDAYr DECEMBER 8, 1988 at the following times: 7:30 p.m. Appl. No. 3803-- JAMES AND PHILOMENA MONICA. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31, Bulk Schedule, for approval of deck with an insuf- ficient rearyard setback. Loca- tion of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42, County Tax Map District 1000, Section 88, Block 4, Lot 31. 7:35 p.m. Appl. No. 3792-- NICK THEOPHILOS. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2A for permission to locate swimming pool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach [:arms, Inc. Subdivision Lot //135; County Tax Map District 1000, Section 21, Block 5, Lot 5. 7:37 p.m. Appl. No. 3791- JAMES H. BERGERON. Vari- ance to the Zoning Ordinance, Article Ill, Section 100-30A{I) and Article XI, Section 100-118, for permission to rebuild exist~ ing nonconforming single- family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tag Map District 1000, Section 143, Block 4, Lot 29. ff,~ 7:40 p.m. Appl. No. 3795-- PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article Ill, Section t00-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road #12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793-- JAMES AND STELLA MANOS. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2(C) for permission to rebuild deck structure with 30_+ sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Block 5, Lot 2.2; also known as Lot #4 on the Minor Sub- division Map for Philip Druhl, P.B. File #22, endorsed Mamh 24, 1970. 7:50 p.m. Appl. No. 3804-- ELLEN BLACK GUYTON. Variance to the Zoning Ordi- nance, Article Ill, Section 100-32, and Article XI, Section 100-118, for permission to re- build nonconforming accessory (storage-garage) building in the frontyard area. Location of Pro- perty: 3331 Private Right-of-Way extending off the west (north- west) side of Grand Avenue; Mattituck, NY; County Tax Map District 1000, Section 107, Block 0t, Lot. 11. 7:55 p.m. Appl. No. 3794-- JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to exist-,'v Jng dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01, Lot 22.1. /"~'"8:00 p.m. Appl. No. 3734-- KATHRYN FLEET Variances. to the Zoning Ordinance, Arti- cle 111, Section 100-31, Bulk Schedule, for approval of insuf- ficient area, width and depth, of two proposed parcels in this pending division of land. Loca- tion of Property: North (North- west) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block I1, Lot 19.1. 8:05 p.m. Appl. No. 3780--~ ARMANDO CAPPA. Variance to the Zoning Ordinance, Article III, Section 100-30C, for permis- sion to erect ground sign, adver- tising off-premises busines~ ("Ciccilino~' Fine Italian Din- ins). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. 8:10 p.m. Appl. No. 3805-- PAUL AND MARGARET KAYSER. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. 8:15 p.m. VICTOR AND ~INDA CATALANO: (a) Appl. No. 3800--Variance to the Zoning Ordinance, Arti-*~ cie Ill, Section 100-32, for per- mission to locate swimming pool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Pri- vate Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. , (b) Appl. No. 3799--Variance to the Zoning Ordinance, Arti- cle 111, Sections 100-30 and 100-31, for permission to con- struct principal building for use as a poolhouse/cabana, acces- sory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. 8:20 p.m. Appl. No. 3796~ ALFRED FALKOWSKI. Spe-~ cial Exception to the Zoning dinance, Article IX, Section. 100-90 for permission to con- struct office building with stor, age upon this 6_+ acre parcel. Zone District: "C-I" General Industrial. Location of Proper- ty: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000~ Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807-- MOHRING ENTERPRISES, INC. Variance to the Zoning Or- dinance, Article XI, Section 100-119 and Article Ill, Section 100-31, Bulk Schedule, for per- mission to locate new dwelling with an insufficient rearyard set- back on a lot which has from: age along three roads: North Bayview Road, Pine Neck Road; and Kimberly Lane, Southold?~ NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persofis or mpmsentatives'de~ siring tot)e heard In'eaCh Of thle' above matters. Written edm- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time lotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN _ BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski~j IX, 2/ /88 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 13973 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. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZiO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 List of Mailings Hearings for December 8, 1988 Southold Town Board of Appeals Copies mailed to the following on or about 12/1/88 I4r. & Mrs. James Monica 545 Bay Haven Lane Southold, NY 11971 Mr. Nick Theophilos 387 Broadway New York, NY 10013 Mr. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Mr. Otto Schoenstein (Re: Box 95 1645 Maple Lane East Marion, NY 11939 Micciche) Mr. James Manos 2147 Lake Drive Southold, NY 11971-1543 Peconic Development Corp. Box 594 Mattituck, NY 11952 (Re: Guyton) Ward Associates (Re: Georges) 1500 Lakeland Ave. Bohe~;.ia, NY 11716 MAbigail A. Wickham, Esq. (Re: ain Road - P.O. Box 1424 Mattituck, NY 11952 Fleet) Legal Notice of Hearings for December 8, 1988 Copies mailed to the following on or about 12/1/88 North Fork Sign Co. Main Bayview Rd. Southold, NY 11971 (Re: Cappa) Mr. & Mrs. Paul Kayser 1005 Mill Creek Drive Southold, NY 11971 Ms. Patricia Lloyd (Re: 471 Route 25A Rocky Point, NY 11778 Sambach Associates (Re: Box 1033 - Cox Lane Cutchogue, NY 11935 Mr. Philip J. Cardinale Cardinale & Cardinale Main Road - P.O. Box W Jamesport, NY 11947 Catalano) Falkowski) (Re: Mohring) L.I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files 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: May 17, 1988 Transmitted herewith is Zoning Appeal NO. 3734 , application of Kathryn Fleet 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 WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAC), P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK il952 May 16, 1988 Linda Kowalskl Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application for Kathryn Fleet Dear Linda: We are enclosing the completed application and apologize for overlooking some of the necessary information. Also enclosed are the photographs and we will order a single and separate search as required. AAW:amm enc. Very~ruly yours,~7 Abigail A. Wickham WICKHAM. WICKHAM & BRESSLER, p.c. HAIN ROAD, P.O. BOX I4e4 MATTITUCK, LONG ISLAND NEW YORK 11952 May 12, 1988 Southold Town Board of Appeals Town Halt Main Road Southold, New York 11971 Re: Application for Set-Off of Kathryn Fleet Gentlemen: Enclosed are the following in connection with the above application: 1. Application, in triplicate. 2. Notice of Disapproval from the Building Inspector. 3. Short Environmental Assessment Form. 4. Wetlands Questionnaire. 5. Original Notice to Adjoining Owners with Affidavit of Service thereon. 6. Four (4) prints of the survey. 7. Zoning Board of Appeals Questionnaire. 8. Check in the amount of $150.00, representing the application fee. A copy of the deed and the photographs will be sent in a few days. If you require any further information, please contact us as soon as possible. Very truly yours, AAW:amm enc. P.S. Also enclosed is a copy of the deed. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : to the Board of Appeals of the Town of Southold : TO: Wickham~s Fruit Farm, Main Road, Cutchogue, NY Mr. & Mrs. Peter Preziosa, NOTICE TO ADJACENT 11935 PROPERTY OWNER 569 Hungry Harbor Rd, North Woodmere, NY 11581 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of 5outhold to requesta (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfoliows: At n/w intersection of 0Id Pasture Road and West Creek Dr|ve~ Cutch~ue~ New York. Bounded N & E/Wickhmm'g Fr,,it Fmrm. q./nl,N p~:h,re Reed. 3. That the property which is the subject of such Petition is located in the following zoning district: A-Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: To divide her parcel two lots, each containing 42,287 square feet and approximately 200 feet in depth into $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] 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. 5outhold, New York and you may then and there examine the same during regular office hours. (516) 76~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated; May 10~ 1988 Petitioner~~~- _ _ (~7~ Owners'Names: Kathryn Fleet Post Office Address No# West Creek Avenue Cutchogue, New York 11935 Tel. No. ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] WICKHaH, WICKHAm & BRESSLER, MAIN ROAD, P.O. BOX 1424 NIATTITUCK, LONG ISLAND NEW YORK 11952 May 16, 1988 Linda Kowalski Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application for Kathryn Fleet Dear Linda: We are enclosing the completed application and apologize for overlooking some of the necessary information. Also enclosed are the photographs and we will order a single and separate search as required. AAW:amm enc. Very~ruly yours, /g AbTgail A. Wickham NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~ p 709 928 &95 ~. RECEIPT FOR cERTIFiED MAiL (See Reverse) 709 928 894 RECEIPT FOR cERTtFIEO MAiL (See ReverSe) ° STATE OF NEW YORK ) COUNTY OF SUFFOLK) 0~~, ~ qO~ Uq%~ . being duly sworn, depos~ and says that on the /~day of ~ ,19 ~ , deponent mailed a true copy of the Notice ~t forth on the re- ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor rm~ctive name; that the addresses sel opposite the names of said persons are the addresse~ of said persons as shown on the current assmsment roll of the Town of Sourhold; that ~id Notices were mailed at the United Statm P~t ~- rice at ~ ~TT ~: ~E~ ~ ; that said Notices were mailed to each of ~id persons by (certified) (registered) mail. Sworn to before me this /~2 ~-*~--~ ,~.of ~ ,19 ~ Notary Public RIilRR:~ M. I~CNER (This side does not have to be completed on form transmitted to adjoining property owners.} The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by thzs board before any action is taken. SHORT ENVIRONMENTAL ASSESSS~NT FORM INSTRUCTIONS: (a) In order Lo 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 X NO 2. Will there be a major change to any unique or u~usual 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 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 plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes _2~No 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 ~No Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? Yes X NO 10. Will project have a major effect on existing or future recreational opportunities? __Yes X No Il. 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 period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there 'publ~/gw~xo~er~enc~]~ the . project? Preparer's Signature: Representing= ~ ~0~ O~N~ Date: ZBA ~/75 KATHRYN FLEET __Yes X NO ___~es X___NO May 10, 1988 (Today'S Date) To: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: KATHRYN FLEET Dear Sirs: In ref{;rence to the New York State Tidal Wetlands Land-Usc Re'gulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environ:nental Conservation La%.;, please be advised that thc subject property i,n the within appeal application: (plea~ chuck one bo:<) / [ ] M,~¥ be located within 300 feet of tidal wetlar, ds hc~.~ever, constructed along the water-lyinq edge of this property is a bulkhead in very good condition and at least 100 feet in length. ~ [ ] May b'e located within 300 feet of tidal wetland~ ho'..;ever, constructed along the water-lying edge of this property is a bulkhead in need of (minor) [major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tid~i wetlands; and there is no bulkhead or concrpte wall existing 'on the premises. -[,~] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincer~l,~/your~, NOTE: If proposed project falls witg~in D.E.C. jurisdiction, approval must be received an~ submit~dd to our office before your application can be scheduled for a public hearing. QUESTIONNAIRE TO BE COMPLETED ~ND SUBMITTED ~ITH YOUR APPLICATION FORMS TO THE BOARD OF AP'PEALS 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? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes Yes ~ Yes Yes ~ Are there any existing or proposed fences, concrete 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. Yes ~ Yes ~ 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 ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other ~ No Yes ~ Yes ~ No Yes ~ Yes ~o Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers ~ and conditions of sale. (from contract) Abi§a~] A. W~ckham, ~Ye_~ No cont~n§ent upon variance/subdivision approval. 11. Is new construction proposed in the area of contours ~ at 5 feet or less as exists? Yes 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? N/A Yes 13. Please list present use or operations conducted upon the subject property at this time vacsnt and proposed ~eside~t~al Please.s~bmit photographs for the record. I cert~/fy that the above statements are ~rue.and are being submmtte~ r eli~/~~/~ppeals in cons~der~ng my application. Si~f~,'(PrSp~rtf Owner) (Authorized Agent) Kathryn Fleet No for Dis. 1000 Sec. 103.0~ Blk. 11.00 o I ~/oo 0 CONSULT YOUR LAWYER BBIKOIIE SIGNING THIS IN~TKUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ' 27463 ~]~ INDEN~F~ made the 20th day o/ April , n/neteen hundred and eighty-one B£TWEEN DeLANCEY S. PELGRIFT, residing at 16 Fernwood P4vad, West Hartford, Connecticut 06107, / a~ executor of GEORGE H. FLEET, Deceased, cutchogue, Town of Southold, Suffolk County, New York, party of the first part, and the last will and testament of , late of , deceased, KATHRYN FLEET, residing at West Creek Avenue, Cutchogue, New York 11935, party of the second part, V~'flI'/F.,,~ETH~ that the party of the first part, by virtue of the power and authority given in and by said last will and testament, and in consideration of carrying out the certain provisions of the Last Will and Testament of George H. Fleet, Deceased, doll,s, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ~,[I. that certain plot, piece or parcel of land, w~t.h-ti~e-ba~liogs-~.-im~r.~,c~'~,~t.s-t,~er-e~n.-~, situate, lying and being in the Town of Southold, at Cutchogue, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Old Pasture RDad, marking the Southwest corner of premises about to be described and Southeast corner of lands of Dorothy C. Fleet; RUNNING THENCE North 35° 31' 20" West 201.03 feet to a point and lands of John Wickham; RUNNING THENCE North 47° 52' 00" East 420.38 feet to a point and other lands of John Wickham; RUNNING THENCE South 45° 29' 00" East 183.12 feet to a point on the North side of Old Pasture Noad; RUNNING THENCE the following three (3) courses and distances along North side of Old Pasture Road: (1) South 47° 52' 00" West 51.91 feet; (2) South 45° 20' 40" East 17.03 feet; (3) South 47° 52' 00" West 403.27 feet to the pdint or place of BEGINNING. THIS IS A SUPPLEMENTAL DEED to replace a prior Deed which was issued by the Estate of George H. Fleet, Deceased to Kathryn Fleet conveying the same premises, which deed was never recorded in the Suffolk County Clerk's Office and cannot be located by Kathryn Fleet and is issued to establish record title to the premises being in the name of Kathryn Fleet. TOGETHER with all fight, 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 the first part has or has power to convey or dispose of, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD 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. 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. A_I~ID th~ p~y ot th~ firat part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fond 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 coustmed as if it read "parties" whenever the sense of this indenture so requires. IN WITNK$8 WHEREO~, the party of the first part has duly executed this deed the day and year first above IN PRESENCE OF: . DeLANCEY S. PELGP~IFT, AS Executor me known to be the individual described in and who ~.~....the for~oin~'um~:, and admowl~l~ed that STATI O~ NEW YOIIJ~gUNI~ MI On the d~y~' 19 , he.re me to me Imow~ to be the individual describ~ in and who executed the foregoing instrumem, and ~owledged that executed the same. ~x.utor'S TITLE NO. #8108-00834 Chicago Title Ins. Co. BLOCK ESTATE OF GEORGE H. FLEET, Deceased TO KATHRYN FLEET LOT COUNTY f~'TO%VN- of Suffolk Town of Southot~ RI~TURN BY MAIL TO: STEPHEN F. GRIFFING, JR., ESQ. BOX 982 Riverhead, NY 11901 Zip No. 463 REAL ESTATE MAY 5 1981 TRANSFER -I ~ SUFFOLK COUNTY .I M 47 -,,: ,k) t' OI L P,.YOU T f .i10 3C · .m[ L,L)