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HomeMy WebLinkAbout3712 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOI-D, L.I., N.Y. 11cj71 TELEPHONE (616) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. Application Dated Februar3 9, ]988 TO: Mr. Garrett A. Strang, R.A. as Agent for MR. ROBERT CLEMENS Main Road, Box 1412 Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 7~ ]988, the above appeal was considered, and the action indicated below was taken on your [×] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-31, Bulk Schedule [ ] Request for Application of ROBERT CLEMENS for Variances: (a) to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct additions to dwelling with an insufficient rearyard set- back from the easterly property line, and (b) for approval of access pursuant to New York Town Law, Section 280-a over a private right-of-way extending off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-17. WHEREAS, a public hearing was held and concluded on March 17, 1988 in the Matter of the Application of ROBERT CLEMENS under Appl. No. 3712, 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 contains a total area of approxi- mately 13,000 sq. ft. with 125± ft. frontage along the east side of "Koke Drive," a private right-of-way, in the Hamlet of Southold, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 5, Lot 17. 2. The subject premises is improved with a single-family, one-story frame dwelling set back 34.5 feet from the front property line, 46 ft. from the southerly side property line, 36± feet from the easterly rear property line, and accessory 24 ft. x 24 ft. garage, all as depicted by Drawing No. SP-1 prepared by Garrett A. Strang, Architect, dated January 29, 1988. 3. By this application, appellant requests: (a) relief for the proposed construction of ~-26 ft. x 20 ft. addition at the rear of the dwelling with a proposed setback at 15 feet (CONTINUED ON PAGE TWO) DATED: April 7, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3~1~ Matter of ROBERT CLEMENS Decision Rendered April 7, 1988 from the rear property line, and (b) approval of access over Koke Drive, a private right-of-way, extending off the south side of Main Bayview Road approximately 365 feet in length. 4. Article III, Section lO0-31, Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 35 feet. The amount of relief requested by this application is 20 feet, or 57%. 5. Also shown on the plan is a proposed 15 ft. x 32 ft. addition at the southerly end of the dwelling, and stairway, which do not fall under the jurisdiction of this Board. 6. For the record it is noted that the right-of-way in question is in need of minor repairs, and this Board makes the recommendations for improvements (as noted below). 7. Also noted for the record is the fact that the Town Board on May 6, 1958, established this area along "Koke Drive" (formerly owned by Alexander W. and Frederick C. Koke) as an Open Development Area pursuant to the provisions of Section 280-A of New York Town Law. The map approved by the Town Board appears to encompass the entire right-of-way extending from "Koke Drive" to and including the westerly portion now referred to as "Corey Creek Road." (See survey prepared by Otto W. VanTuyl & Son revised April 30, 1958 for the Koke Estate.) 8. In considering this application, the Board finds that the relief requested for the rearyard setback is not the minimal necessary, being a variance of 57%. 9. In granting alternative relief herein, the Board also finds: (a) there will be no substantial change in the immediate area or detriment to adjoining properties; (b) the circumstances of the property are unique; (c) there is no other method feasible for appellant to pursue other than a variance; (d) the alternative relief is not substantial in relation to the requirements; (e) the practical difficulties are sufficient; (f) in view of all the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Gri§onis, seconded by Mr. Douglass, it was RESOLVED, to APPROVE alternative relief for the proposed construction of addition at the rear of existing dwelling and APPROVE access over this private right-of-way, as applied and subject to the following conditions: 1. That the rearyard setback be not less than 19 feet (rather than the 15 feet applied); 2. In the event that the applicant/property owner (and the adjoining property owners along this right-of-way) improve this right-of-way, that the following minimum standards shall apply: Page 3 Appl. No. 3]1~ Matter of ROBERT CLEMENS Decision Rendered April 7, 1 988 (a) that the right-of-way be re-graded to a width of 12 feet and length of approximately 390 feet to the premises in question; (b) that two inches [2"] of stone blend be placed on the surface. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN April 26, 1988 2ECEIVED AND FILED BY TEE ~OUTII©LD TO~'N cr,~,iRK Town Clerk, Town of SoutLo!d NOTICE OF~HEARINGS NOTICE IS HEREBY GIVEN, pursuaht 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, New York, on THURSDAY, MARCH 17, 1988 at the follow- ing times: 7:30 p.m. Appl. No. 3714 - DALE MAYNARD. Variance to the Zoning Ordina-nce, Article III, Section 100-31, Bulk Schedule, for approval of the insufficiens area and width of two parcels as approved by the Planning Board in the subdivision known as "Seawood Acres-., Section I", Filed Map No. 2575. Location of Property: West Side of Seawood Drive, Southold, NY; County Tax Map Parcels No. 1000-79-7- 64 and 65. 7:40 p.m. Appl. No. 3713 ROBERT STARON. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the construction of accessory storage shed with an insuffi- cient setback from property lines at premises known as 1490 Waterview Drive, Southold, NY; County Tax Map Parcel No. 1000-78-7-54. 7:45 p.m. Appl. No. 3711 ERNEST AND DORIS ROBINSON. Variance to the Zoning Ordinance= Article XI, Section 100-119.2 for permission to constrJct deck with an insufficient setback from existing bulkhead as 9remises known as 915 Mill Greek Drive, Southold, NY; County Tax Map Parcel No. 1000-135-3-37. f~(a) 7:50 p.m. Appl. No. 3712 ROBERT CLEMENS. Variances: to the Zoning Ordinance, Article III, Section 100-31, t B ulk Schedule, for permission to construct additions to dwelling with an insufficient rearyard setback from the easterly property line, and (,b) for approval of access pursuant to New York Town Law, Section 280-a over a private _ right-of-way extending off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-17. 8:00 p.m. Appl. No. 3543 Variances lO0-tl9.2 PETER AND BARBARA HERZ. to the Zoning Ordinance, Article XI, Section for permission so locate new single-family dwelling Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 17, t988 with insufficient setbacks from e×i~ting bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY, Cedar Beach Park Map, Part of Lots 152 and llO~ County Tax Map Parcel No. 1000-90-02-13.1. 8:20 p.m. Appl. No. 3687 JON C. KERBS. Interpretation ands if necessary, Variance uneer Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building 75 feet from the N.Y.S.D.E.C. determined tidal wetlands line as approved under D.E.C. Permit #10-86-0092 and in accordance with Town Trustees Wetland Permit No. 373 conditionally approved June 25, 1987. Location of Property: East Side of Narrow River Road, Orient, NY~ County Tax Map Parcel No. 1000-27-2-5. 8:35 p.m. Appl. No. 3710 THE COVE AT SOUTHOLD, INC. Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate buildings 75 or more feet from the N.Y.S. DoE.C. determined tidal wetlands line and at not less than 18 feet from the Town Trustees determinea wetland grasses as approved under Trustees Permit Application No. 601. Location of Property: South Side of Main Ba~view Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-20. The Board of Appeals will hear at said time and place all representatives or persons desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: March 3, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FO~RM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File NO ................................ Date ........................... 19 ..... ~*.~7,,<..~.o,~. ~.: .............. .~~..~... ~ :%. ~.~.~ .~ ~ ..... / PLEASE TAKE NOTICE that your application dated ..~ ~.. ~ ~. ...... 19. County T~x Map No. I000 Section . .'.. ~.~ .... Block .... ~.~ ..... Lot .~ ~ ....... Subdivision ................. Filed Ma ~ No ................. Lot No .................. is retttrned herewith and disapproved on the following grounds..Od~' .~..~/D~,..~. ~ [.~ 7 .~J. ...... ............... % Building Inspector TOWN OF SOUTHOLD, ~ XO~K ~ ~ ~ APPEAL FROM DECISION OF BUILDING INSPECTOR FF~ 09 ~O~.~APPEAL NO. ~ ~AT[ .............................. TO THE ZONING BOARD OF AP~ALS, TOWN OF 1, (~)Ga~e~ A. S~ong/(~o~ Clemens) 54655 Main Rd. P.O.Box 1412 Name of Appell~t Street a~ Number ........... ........................................................... ...... HERESY APPEL TO Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED January 26, 1788 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of 54655 Main Rd. P.O.Box 1412 Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct 1. LOCATION OF THE PROPERTY 7720 R/O/W Mg£n BaxviewI ~outhoZ~. A-Res£dentiaZ .................... Distric¢ 1000 Section 87 B10ck05 Lot 1~ C rrent .............................................................................. U 0~ner ~/~ Robert C~emens Map No Lot No. P~ior 0~ner 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 Ordi.nance,) Article III Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordir~once or Zoning Map ( ) A VARIANCE due to lack of 'access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec 280A Subsection 3 () 4 PREVIOUS APPEAL A previous appeal (J~l~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such al~peal was ( ) request for a special permit ( ) request for a variance aha was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZBi (Continue on other side) REASON FOR APPEAL(~ ~ ~ ~ ~ ...... Continued I. STRICT APPLICATIC~I"~)F THE'ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus~ ~h~e ~J. mi~,ed depth of the lot would no% al. low the requi~'~L:'t:e~:,r ~;'c~d; thereby proh~b~.t~ng the of an add£f,J~on ~.n '~he on].y practica], loca¢£on, 2 The hardshipc~atedis UNIQUE andisnotshared by all 9roperties alike in the immedia~ vicinity ofthis prope~y andinthis use district becouse the a~owed under the p~esen¢ zoning. [n addition the smal~ summe~ dwe~[~ng was ~ocated in such a wa~tha¢ the on~y location for the addition ~s as shown on the s±te pZan. 3, The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the~e presently exSsts an accessory garage ~ocated 11 feet f~om the easterly rSght of way. The tight of way beLng 12' wide Ln and of ttse}f Ls unbuildobLeo therefore the ~stance from the p~oposed addStLon to the next bui~dab~e ~ot wou~d be 27 feet. STATE OF NEW YORK ) ) ss COUNTY OFSuffoik ) Sworn to this ............................. ?~.~.. ....... Signature day of .......... ~.~. ........................ Notary Public TOWN OF SOUTHOLD PROPERTY RECORD CARD STI~EET VILLAGE DIST. SUB. LOT OWneR ~'" ....... ~ '~ ' TYPE OF BUILDING ~ES. ~/O SEAS. VL FArM CO~M. CB, MISC. Mkt. V~lue LAND IMP. TOTAL DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE -'~R M Acre Value Per ,Value Tillable Tillable 2 . Tillable~ 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot , _ DEPTH / BULKH~D Total ~ ~ DOCK COLOR - ] - - TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total Both Foundation Basement Ext. Walls Fire Place · ..2~. Type Roof Recreation Room Dormer FJoors Rooms 2nd Floc - ,;r /¢ Interior Finish / Rooms 1st Floor /::1-/42_ Dinette K. LR. DR. BR. IN.E DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 April 29, 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) Robert Clemens* 3605 *Approval of access pursuant to Section 280a of the Town Law is not within the purview of jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RnAD- STATE RDAD 25 SDUTHDLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI XX Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article IZI, Section 100-31 Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3605 Applicant: Mr. Robert Clemens Location of Affected Land:S/s Main Bayview Rd., County Tax Map Item No.: 1000- 87-5-17 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Southold, NY State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed CoUnty, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Land or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within'One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct additions to dwelling with an insufficient rearyard setback and approval of access over a private right-of-way Copies of Town file and related documents enclosed for your review. Dated: April 28, 1988 Southold Town Board of Appeals APPEALSBOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWICKI INTER-DEPARTMENT MEMORANDUM TO: Mr. Victor Lessard, Executive Administrator Southold Town Building Department FROM: Office of the Board of Appeals ~-~ Jerry Goehringer, Chairman . DATE: 'April 27, 1988 SUBJECT: Z.B.A. Action under Appl. No. 3605 Matter of Robert Clemens 1000-87-5-17 Transmitted herewith for your files in the above matter is the official findings and determination under Appl. No. 3605 for Robert Clemens. Please note that #2 of the Board's resolution is not mandatory since this area was established as an Open Development Area by the Town Board on May 6, 1958, and previous building permits have been issued in this area for several parcels. The standards given by the Board are recommended since the right-of-way is in need of repair and should be considered by all the property owners having rights over Corey Creek and Koke Drives. lk · Southold Town Board of Appea ls MAIN I~OAD BTATE ~OAD 25 c:OUTHOLD, L I, N Y 1}97~' TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 26, 1988 Mr. Garrett A. Strang, Main Road, Box 1412 Southold, NY 11971 Re: Appl. No. 3605 - Robert Clemens (Variance) Dear Garrett: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board ~f Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning Commission GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski (3ARRETT A. STRANG ARCHITECT MAIN ROAD, P. O. BOX 1412 SOUTHOLD, NEW YOrk H971 February 29, 1988 Southold Zoning Board of Appeals Main Road Southold, New York 11971 Attention: Linda Kowalski, Secretary Re: Application of Clemens Dear Linda: In accordance with our telephone conversation it is the wish of our client to amend his for a variance to include 280A. Thank you for callil~g this to our attention. Best regards. of today, application b? Very truly yours, ~ Stran~~q APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICK[ Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 February 25, 1988 Mr. Garrett A. Strang, R.A. Main Road, Box 1412 Southold, NY 11971 Re: Appl. No. 3712 Robert J. Clemens (Variance) Dear Garrett: In reviewing the above application and the history of the "private" right-of-way over which access is necessary, it is noted that there do not appear to be any 280-a approvals by the Town at this time. Please confirm in writing as to whether or not you wish to amend your application to include a request for approval under New York Town Law, Section 280-a, on or before March 2nd, or make separate application. At present, the application has been calendared for our March 17, 1988 meeting and will be authorized for advertisement by resolution of the Board to be adopted March 3rd. Yours very truly, GERARD P. GOEHRINGER AI?AN Linda Kowalski TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, MARCH 17, 1988 Appl. No. 3712 Applicant(s): ROBERT CLEMENS Location of Property: S/s Main Bayview Road, County Tax Map ID No. 1000- Southold Board Members Present: Chairman Gerard P. Goehringer, Members: Grigonis, Doyen, Douglass (Mr. Sawicki was absent) Also Present: Victor Lessard (Building Department), Linda Kowalski, Z.B.A. Secretary and approximately 40 persons in the audience. The Chairman opened the hearing at 8:02 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey, actually a site plan dated 1/29/88 and done by Garrett Strang, Architect indicating; a proposed addition of approximately 20 by 26 and stairway and a proposed deck of 15 by 32 shown on the site plan which is not necessarily the nature of this particular application as the deck. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on behalf of this application? MR. STRANG: Good evening. I'm here on behalf of my client, Mr. Clemens. The nature of the application speaks for itself. There is, I believe you should have in your records, a copy of the sur- vey which was prepared by Mr. VanTuyl. If not, I can provide you with one. In looking at the survey, you'll observe two things. One which was previously mentioned, that being; that there is an existing garage on the property 11 feet from what would be deemed the rear property line. There is also shown attached to the house the porch. The porch is a concrete structure elevated above grade. It's presently unroofed. It's more of an elevated patio, if you will. The addition that is proposed is to encompass the porch as well as expand upon it somewhat. The reason for the addition is basically, the house was originally built as a summer residence. It's relatively small. My clients intentions are to move out here on a year round permanent basis. He has a need for an additional room for living area. This is what has prompted him to put on the addition. The porch, encompassing the area of the porch seem to be a natural way to go. The south, the orientation of the house, if you'll look at the site plan or the survey, is such that where the deck is proposed to be built is the south side of the house. That side had he not given consideration of putting the addition in the area where the deck is for several reasons. Number one; to take advantage of passive solar gain with the southern expo- Page 2 - Thursday~4arch 17, 1988 Public Hearing - Robert Clemens Southold Town Z.B.A. MR. STRANG (continued): posure. If we put an addition in, it will block that as well as the fact that it's presently a combination living/dining room and if we were to put an addition there, it would become an interior space which would not then meet certain codes and safe building construction requirements. So for all intents and purposes, ba- sically, are backed into a corner, if you will, of putting the addition where it is shown. The fact there is an existing garage which is 11 feet off the line to begin with, already establishes a building line so to speak. While I'll admit that it is an ac- cessory structure and it does meet the code criteria as far as that goes. The addition would be considered part of the princi- ple dwelling. The fact also, that there is a right-of-way. It is depicted as a right-of-way on the survey. Although on the tax map, it's shown moreorless as an extension of the parcel that fronts Main Bayview. Whether in fact it's truly a right-of-way or whether it's a flag extension of that lot, remains to be seen. But in any event, it's an unbuildable piece which would, for all intents and purposes, add an additional 12 feet of open space. And I feel that our 15 foot setback and the 12 foot of open space that would remain as such, would have to remain as such, would give us 27 feet and come relatively close to a normal open space that would be required as a rear yard. Again; the abutting proper- ty is the property which is presently being developed as The Cove Condominiums. They would have to meet a certain yard requirement from their property lines. So I think it would be more than ade- quate space if the Board were concerned about having proper build- ing separation between this. We've met all the other criteria of the zoning. We're within lot area constraints and all the setbacks. Certainly, we're trying to be as conservative, if you will, as we can with respect to this. We're really locked into the addition in this area and it will necessitate a variance. If the Board has any questions, I'll certainly address them at this time. CHAIRMAN GOEHRINGER: You have no ~bjection, I hope to a covenant that, if the Board did so grant this application, there being no further rear yard reductions. MR. STRANG: I don't think that would present a problem but let me ask my client. CHAIRMAN GOEHRINGER: The other thing is in reference to the 280A status. Do you have any feelings concerning that particular area? MR. STRANG: Well, we did amend our application to include that as part of this process. I was not aware of the fact that there was not an approved 280A on this area. It is an established old subdi- vision, I guess, or relatively old subdivision. And the road has been travelled regularly and maintained in good condition. If the records indicate that there is not an existing 280A, we would ask that the Board also give us that approval as well. Page 3 - Thursday,~rch 17, 1988 Public Hearing - R~ert~ Clemens Southold Town Z.B.A. CHAIRMAN GOEHRINGER: Thank you very much Mr. Strang. MR. STRANG: Thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? I really should pause in between. I apologize. Seeing no hands, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. July 15, 1965 Mr. ~rederick Koke Calves Neck Road Southold~ N.~. Dear Sir; In reply to ¥o~ inquiry RE: Lot E/S of your Open Development Area, S/S Bay View Road~ Bounde~ :- N-Cowan~ E- Victoria, S- other land of Koke Estate, W- Eoke Drive (PMT road) and being 12%ft X lO3ft minimum size meets the requirement of the zonin~ ordinance. I would recommend that the lOft P/M right of way shown along the easterly line be included in the lot as an easment agaiust the Victoria property line side of the lot. Thl~ may avert a dispute in the future about the use and titlo of the right of way. Trusting t~ above wilt bo helpful Yours truly Building Mr. Frederick Koke Calves Neck Road Southold, N.Y. July 6, 196~ Dear Sir; In answer to your inquiry about the lot south of Andersom as shown on VanTuy~s map of the "Koke Estate,, revised $/30/%85 please be advised this lot bounded N- Anderson~ E-Victoria, S- other land of Koke~ W- PVT. Road "Koke Drive', meets the requirements of the zoning ordinance as it is 103ft by 12gft, minimum. I would recommend that the lOft P/M right of way shown along the easterly line be included in the lot as an easment against the Victoria property line side of the lot. This may avert a disput8 in the future about the use and title of the R.O.W. Trusting the above will be helpI~l Yours truly Building Inspect has made application to the Town Board for the establishment of an OPEN DEVELOPMENT AREA pursuant to the provisions of Section 280-A of the TOWN LAW, and WHEREAS, the Town Board has heretofore referred the matter to the Planning Board for its advice and recommendation, and WHEREAS, the Planning Board has recommended that the application of ...~.~.~.~....~..L.~..n...~...~.~.~..~.~.~.l~...~.~....~..~,~ll....:... be granted, NOW, THEREFORE, BE IT RESOLVED: that the Town Board of the Town of Southold does hereby establish an OPEN DEVELOPMENT AREA over the property of ~..~.~.~.?...!~/.~..~.~.~..~.e...~.e..%t.~...~...C..~ forth on the map attached to the application. Dy Order of the Southold Town Board. Ralph P. ~o~th Town Clerk . OUTHOLD, L.I., N.Y. PLANNING BOARD MEMBERS John Wickham, Chairman Harold R. Reeve Henry F. Motsa Alfred Grebe Archibald N. Young May 5, 1958 REPOBT TO: Southold Town Board Southold, New York Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board on May 5, 1958: In the matter of application of Alexander W. Koke and Frederick C. Koke to establish an Open Development Area at Bayview, Southold,New York. It was the determination of the Planning Board to recommend approval of this application in accordance with the widening of Corey Creek Road and Koke Drive, as shown on subdivision map of the Koke Estate, Southold, New York, map by Otto W. Van Tuyl & Son, revised April 30, 1958, attached hereto. Very truly yours, ~ohn Wickham, Chairman SOUTHOLD TOWN PLANNING B~ JW:gm cc: Board of Appeals / I1 ,/ TDWN DF SDUTHDLD OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE SOUTHOLD, N. Y, TEL, E;OL.ITHDLD 5-~660 M.~rch I~ !.qSJ REPORT Tn-~n~ ~- ,v rn ..... · ....OU~: 0 .... TO'IN BOARD ........... ~ !{.Y. Gentlemen: This is to certify the following action action was taken bM the Southold Town Planning Board on Narch 18~ 1958: In the matter of the application of Alexander W. ~%oke and Frederick C. ~.e , to ~tab}~ ~ (~r~-,n Development Area at The plarning Pesrd recommends the following~ l[oke Drive South be widened to ~Oft by moving lot ~ bsck 20ft~ reducing lot ? to lOOft fronts_~e on Corm Creek toad~ taking 2Oft off lots 10 & 11 ~m north side to "Clemens" lot line. On south side beginning at A. :o![e lottaking ~Oft off south side and east side to ~oke Drive East-to the creek.. It is further recoPmended that an attempt be made to get a release of 20 ft from the Clemens lot to comelete a 5Oft right of w~y~ as shown on a map b~ Otto VanTuyl dated 2/20/'~. Very truly fours John ~ickham~ Chairman ~outhold Town PTannln~ Doard ¢ C APPLICATION TO THE TOWN BOARD (open development area) ......... ~'~ .......... P~TE: ................................................ (street) (municipality) (state) Do hereby make application to the TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK to establish an "Open Development Area" under the provisions of Section 280-a of the Town Law of the State of New York of the following described property; 1. LOCATION OF PROPERTY: i~..o..~..t..h..s..i..c].~e....~.~f...B..a.~.v..~...e..w.....R..~.~.d..~.....~..~.?:..t..h..~ ........... 2. DESCRIPTION OF PROPERTY: .... jk$...~b..~.W~.....~TA..~u..b...-..d...i..v..i...~..i..9..n....m..~.p...~.~...~.~.¢...~ ............... .... $..s..t. ~..t..e.. ,... ~ .a.z.v...4e..w.. ,.....S.e~ ~-.o..%a. ,... ~ .......z..:... ~?.?..em~.~ .e...a... ~.~....0..t. }..o....w....... y~..n....~.u. Z .%...~....s..o...n..,. ........ .... ~.~.~..e.¢..~.e...b.~..u.~.~3....2..O.~.....Z.9.~..8... .................................................................................................................. 3. DESCRIPTION OF RIGHT(S) OF WAY OR OTHER MEANS OF ACCESS TO PROPERTY: ........................ ....... A.a.. ,,shp.w~...p. lo,...a..b...o.y..e... ~p. :. ........... The...Ea~t..a~d...sau.th..;Eok~..D~..i.=e...h~e...e~iste~ .... .......... a..s... 3..o..~.t....~ .J~.~ b..t....o..~...w~x.. ~.0. r....~.hQ~.t ...e.J..~kt ..,~.e az s., ............................................................... 4. INTENDED USE OF PROPERTY: ....... ,~..o...~....~..a...Z..e....~.`~....g.9"~}...~.~?...~..~..~..~..~...~.....~.`~....~.e...~..i...d..e.~.~.~.~.~ ............... 5. TYPE OF BUILDING(S) TO BE ERECTED: ........... .~..e..s...J:.~..e..~..o..,e.,8..: .................................................................. 6. MAP OF PROPERTY SHOWING PROPOSED LAYOUT OF LAND USE AND RIGHT(S) OF WAY OR ROADS TO BE ATTACHED TO THIS APPLICATION. 7. ADDITIONAL INFORMATION BY APPLICANT:.. ~p.$$ .~..e.~.e. ~,~,.~..c],..O..u..~...~g...,~...e..e..t. .......... ~e.~.u.i~ements of Southold Town Zonin~ ~e..~..lations. STATE OF NEW YORK ) ) SS .......................... COUNTY OF ....... S.~..,f.Q ],,k ................ ) (signature)l SWORN TO TH S . .<~':'.. ...DA,Y OF..;7..,zl..../../.....~.C:..'~....q~.9 .......................... 19..58 .............. (notary pubhc) (~ERAI',D ~OBSON '- Term expires March ,.D · ./ /' APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHA[RMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. 11~"71 TELEPHONE (516) 765 1609 March 17, 1988 JOSEPH H. SAWlCKI S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnificanc~ APPEAL NO.: 3712 PROJECT NAME: ROBERT CLEMENS 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 C~nservation Law and Local Law #44-4 of the Town of Southold. This board determines cant adverse_effect on the below. the within project not to have a signifi- environment for the reasons indicated 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: [ ] Type II ~] Unlisted [ ] DESCRIPTION OF ACTION: (a) Additions with insufficient rearyard setback and (b) approval of access over private right-of-way LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: S/s Main Bayview Road, So~thold, Ny 1000-87-5-17 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) Information has been submitted by applicant or his agent in- dicating that the project will not ~nvolve the disturbance of wetland grasses or areas subject to flooding which may be considered wetlands. FOR FURTHER INFOrmATION, PLEASE CONTACT: Linda K6walski, 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 NOIILI: 1~ rttzgt~t~r talv- EN, pursuant to Section 267 of the Town Law ~d the Code of the ~wn of Sonthold, tbe following be~ings will be held by the SOUTHOLD ~WN ~gal~ M~ng at ~e ~uthold Town Hall, Main Road, Southold, NY on THURSDAY, MARCH 17. 1988 at the follow- ing times: 7:35 p.m. Appl. No. 3714- DALE MAYNARD. V~ to the ~ning OMin~ A~icle II1, Section 100-31, Bulk ~h~ulg forappro~ofthein- ~ sufficient ma ~d width of two ~ p~els ~ app~ ~ the PI~- ] ning BoaM in the subdivision ' known ~ "~w~d ~s, Sec- ] tion I:' Fil~ Map No. 2575. { ~tion of ~y: W~t Side of ~aw~d Dri~ Southold, ~ NY; County ~ Map ~cels No. 1~79-7-~ and 65. 7:~ p.m. Appl. No. 3713- the ~ning OMin~ee, A~icle Ill, Section 1~-32 for appm~l of the constm~on of ac~sso~ storage sh~ ~th an insuffident ~tback from pro~Hy lines at premises known as 14~ Water- view Drive, Southold, NY; County ~ Map ~el No. 1~78-7-54. 7:45 p.m. AppL No. 3711- ERNEST AND DORIS/ ~ V~ance to the ~ning Ordin~c~ A~icle XI, ~ion 1~119.2 for ~ssion to constru~ d<k with ~ insuf- ficient setback from ~isting bulkhead at p~mi$¢s known ~ 915 Mill C~k Dfiv~ Southold, ~, County ~ Map ~1 No. ~.1~135-3-37. ~ ~ 7:50 p.m. Appl. No. 3712- CLEMtNS. dinance, Article III, Section 1~-31, Bulk Scbedul~ for per- mission to construct additions to dwelling with an insufficient rearyard setback from the easterly property line, and (b) for approval of access pursuant to New York Town Law, Section 280-a over a priva~ right-of-way extending off the south side of Main Bayview Road, Southold, NY; County 'Pax Map Parcel No. 1000-87-5-17. ~ 8:00 p.m. Appl. No. 3543- PETER AND BARBARA HERZ, Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission locate new single-family dwell- ing with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, Pert of Lots 152 and 110; Coun- ty Tax Map Parcel No. 1000-90-02-13.1. A UNTY OF SUFFOLK ss: TE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... ./ .... weeks successively, commencing on the ............ (.~..¢~. ..... .5. 8:20 p.m. Appl. No. 3687- JON C. KERBS. Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building 75 feet from the N.Y.S.D.E.C. determined tidal wetlands line as approved under D.E.C. Permit No. 10-86-0092 and in accor- dance with Town Trustees .Wetland Permit No. 373 condi- tionally approved June 25, 1987. Location of Property: East Side of Narrow River Road, Orient, NY; County Tax Map Parcel No. 1000427-2-5. 8:35 p.m. Appl. No. 3710- THE COVE AT SOUTHOLD~ - INC. Variance~nder Article Xl, Section 100-119.2 of the Zoning Code, for permission to locate buildings 75 or more feet from the NX.S.D.E.C. determined tidal wetlands line and at not less than 18 feet from the Town Trustees determined wetland grasses as approved under Trustees Permit Application No. 601. Location of Property: South Side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-20. The Board of Appeals will hear at said time and place all representatives or persons desir- ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809.. Dated: March 3, 1988 - BY ORDER OF THE .= $OUTHOLD TOWN BOARD OF APPEALSft. GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-3/10/88(5) ,re me this ?d' '~ day of Notary Public BARBARA FORBES Notary Public, State of New' York No. 4~846 Qualified in 8u£folk County Commission Expires J~. D/ 19oerJ~ / ~ ~t~ Property: West Side of Seaweed of-wa extend' c.'~' ~,~ Drive, S~old, NY* C~t~ w-- ~ '~ Y... lng off ~e sou~ 8'35 nm ,~ '~ '*~P~;~ ~ ~71~ -~ ~ ~*~m A~ N~ ~q ~ 1~119.2~e~ ~ for = ROR~RT ~TAR V ' ' -* ' ~r ...... F · . g · ' · L .... Q~' a~ M ~ETER A~ ~AR~ARA ~E~Z' ~ssx~ ~ l~a~ b~gs 75 : me ~mg ~, Amcle ~, Variances to the Zoning or more feet fr~ ~e ~on 1~-32 for a~ of ~e O~in~ce, A~cle XI. Sec~on D.E.C. d~h~ ~ w~ds ~stm~ of nc~sso~ s~ge 1~-119.2 for pe~ission to l~e ~d ~ nm less ~m 18 fe~~ sh~ ~ ~ ~ffi~t s~h~ f~ ~e To~ T~ +,~.. !~.new ~e-f~y.dw~g w~d g~sfes ~ a~ ~ Of Gree~po~. Trusts P~t AppB~ No. ~r~. SOys that he/she ~o~ as 1490 Wa~ew ~ve, existing bulkhead and from 601. ~ of ~y: S~old, NY; ~ty T~ Map highwater areas al~g Midway Side of Ma~ Ba~ew Road, :OL~ TIMES, 8 NOTICE OF H~R~GS Pardi ~o. 1~78-7-54. ~et ~d H~ Ne~ Bay, ~ NO~C~ IS HEREBY GIVe, 7:45 p.m. Appl. No. 3711 known as 70 Cedar Poht Drive, P~ N~ 1~-~-5-20. A' pu~u~t M Sec~ 267 of ~e - Southold, ~; ~nty T~ Map ,reenporY, in tho Town ~-~ A~ ~RIS ROB~SO~. ~u~old, NY; Cc~r Beach Pa~ Town ~w ~d ~e ~e of the Va~n~ ~ ~e ~g O~c~ Map, Pa~ of ~ts 152 and 110; ~e ~M ~ A~s ~ h~r fo[~ and Store of New To~ of ~u~ld, ~e foHow~g A~e ~. S~ I~I 1~.2 for C~ty T~ Map Pa~ No. I~- ~ W~iC~ the a~ne~ed ~s heaves ~1 ~ held by ~e at said t~e and place all SO~LD ~ ~OAR~ ON ~ssi~.t~ ~stm~ de~ wi~ 90-02-13.1. ~s ~ ~rs~s ~ APPHAI.~ ~ a ReA~M~ ~ an Insuff~ctent setback from 8 20 fl m A~I M~ qAn~ to ~ h~ much of ~e a~e 'e u er ubllshed . . . . · ~ ..... ~ ......... . . ~ O Y P the Southold To~ HaH ~ ~s~g b~khead at p~lses I~M ~ ~cDne w ..... ,., matte~. Ea~ h~nn~ ~ n~ ~ - - . Road, ~u~old, New ~d ~ ~ as 915 ~1C~k ~, ~,,~ staff ~o~ ~e ~ott~/~ *~n week ................... a~. n ~m Pa~I M ~2 .... '~ = A~cle ~, Se~ 1~-1192 o~' . ._~..~ ~m~n~s may be enclflg on tho 7.30 p.m. A~I. No. 3714 - ~. · . 12 - m~fl~g 75 f~ f~e ' . . g. F~mom .... ~nint ~d~e, Aff,~--~ ; (f) to the Z~g Ordinance, [ w~%' ;~-~_- ....... ,n~ u~ Da~: A~ 3, 1988. · ~v~ of ~e ks~fi~cnt ~a ~ c~st~'n~:__~'s~'°2., toI a~o~ance wi~ To~ Tnstees ~~2® ~// and wld~ of two ~r~ -* / ~ .... ,~ to OWellmg~ Wetland Permit No. 7 -~r~ . .' -~ ~- ~ a~cd ~ ~e m.--:=: ~ls .~. / *,, an lnsuzrlcient ru~ard ~ cmdi~m~lv a~d Xfl 3~ M~P.~G~ )rlnclpal Clerk ~c su~tvlszon known as g llne ..... ~'~"Y ~ ~ lYS/. ~ ~ ~y: ~ ~ . ~N ....... u~ ~t to -- R~, On~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK[ TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr~e to 'call our office, 765-1809. Yours very tr,ulv~.~ A ~ G~RA~D'P. GOEHR~'NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter aT the Petition of Garrett A. Strong, for CIemens to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER 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) ~eVc~a~;{~,Ya~9~m~X~) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: Tax Uop ~; 1000-087-05-17 Property of' L1/M Robert Clemens Bounded; North by Greene East by Greene South by Young West by Koke Drive 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A-Residential 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: Reduction of required Rear Yard from 35' %o 15' (note existing 12' ROW abuts rear yard) Existing rear yard is 24' to porch 1]' to existing accessory bldg. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~ti¢le 1'1'1' Sectio~ 100-31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (53.6) 76'5-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 26, 1988 . Petitioner .Garret% .A. Strong, R.A. Owners'Names: U/U Robert Clemens Post OfficeAddress Koke Drive Southold, New York 11971 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Robert Greene Main Bayview Road, Sou,hold, N.Y. 11971 Budd B. Young P.O.Box 303, Sou,hold, N.Y. 11971 U,S. P~TAL SERVICE CERTIFICATE OF MAILING Garret, A. Strong, R.A. P.O.Box 1412 Southold, N,Y, 11971 Mr. & Mrs. ReSort Greene Main Boyview Road Southoldt New York 11971 PS FORM MAY 1976 · % CPO: 1977-750-851 J Budd B. Young P.O.Box 303 _Sou,hold, New York 11971 PS FORM STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Garrett A, Stranq , residing at Main Road, Mottitucke N.Y. , being duly sworn, deposes and says that on the ~L~ day of I~ebruary , 19 80 . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Sou,hold; that said Notices were mailed at the United States Post Of- rice at Southold (certified) (re~e('wd4 mail. Sworn to./bef~ore me this day of ; that said Notices were mailed to each of said persons by Notary Public (This side does not have to be property owners.) completed on form transmitted to adjoining Distribution List Hearings of March 17, Southold 1 988 Town Board of Appeals Copies to the foll6wing on or about March 8, 1988: Suffolk Times (Personal Delivery 3/8) L.I. Traveler (Personal Delivery 3/8) Charles R. Cuddy, Esq. (for Maynard) 180 Old Country Road, Box 1547, Riverhead, Mr. and Mrs. Robert Staron, Waterview Drive, Southold, NY 11901 NY 11971 Mr. and Mrs. Ernest G. Robinson, 223 Diane Place, Paramus, NJ 07652 Mr. Garrett A. Strang, R.A. as Agent for Robert Clemens Box 1412, Southold, NY 11971 Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 Patricia C. Moore, Esq., Box 23, Main Road, Mattituck, NY 11971 Attorneys for Mr. and Mrs. Peter Herz Richard J. Cron, Esq., Cron & Cron, Main Road, Cutchogue, NY 11935 ................. 1 ........... G; ............. IIS44 Stephen R. Angel, Esq. as Attorney for Jon C. Kerbs Esseks, Hefter & Angel, Box 279, Riverhead, Mr. Jon C. Kerbs, Box 525, Greenport, NY 11944 NY ll901 The Cove at Southold, Inc., 5044 Expressway Drive South,-Ronkonkoma 11779 Others: Mr. Robert Thompson and Mrs. Jean Dickinson Thompson P.O. Box 309, Southold, NY 11971 James Bitses, Esq., Main Road, Southold, NY 11971 Mr. and Mrs. Wesley R. Dickinson, Bayview Road, Southold, NY 11971 Mr. David Gunselman, Hiawathas Path, Southold, NY 1197t Mrs. Robert W. Greene, Main Bayview Road, Southold, NY 11971 Laughing Waters Property Owners Assn., Inc., Box 20, Southold, NY 11971 Mrs. V. Gifford, Box 312, Southold, NY 11971 Mr. Bud Young, Private Road off Main Bayview Road, Southold, NY 11971 Southold Town Trustee Office Southold Town Building Inspectors Office Town H~ll Bulletin Board (lobby) Individual ZBA files Individual Board Members with related info from file JUDITH T. TERRY TO~/N CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 9, 1988 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 Transmitted herewith is Zoning Appeal No. 3712 , application of Robert J. Clemens for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Southold Town Clerk FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certi[icnle Of Occupsncy NoZ~23.7. ....... Date ........... ,~une...29 ....... , 19..73 THIS CERTIFIES that the building located at .... ~.0.',~.,..3/5. Layviex~. k~eet Map No. ~ql~.e ....... Block No. xx Lot No xxx Southold N .Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated ............. Ogt.. 20., 19.6.~ pursuant to which Building Permit No. dated ........... .0.c.~... 31.., 19 6.7.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . ~rivate. one. family, d~x.~elling ....................................... The certificate is issued to . fkabert..Clem~nz ....... ~r~ew. ......................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ... ?.e.b... ?.7.,. )~.?...b.~. ~.~... UNDERWRITERS CERTIFICATE No .... p~.~g ...................................... I IOUSF NUMBER .... .TZ~Q .... Street.. A:9 ~!~'.°.. ,t~c~Y?.~V ~o.~.~. .......... Building Inspector I~OKM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk'~ Office Southold, N. Y. Certificate Of Occupancy No..Z.6.6..~.0. ..... Date ............... Aug ...... .~..., 19. THIS CERTIFIES that the building located at . .R....0..~?~.:..S./.S..B..ayx..i.e:¥' .R.o.a. dStreet Map Ho. ii91¢.~ ........ 0. D · A -Block No .... X,~.. Lot No. x.xx... ~out.h. Qld.. ~,,Y," ' ......... conforms substantially to the application/or Building Permit heretof°~ fried in this office dated ............ F.e..b ..... .1:, 19.6.9. pursuant to which Building Permit No. dated April ~ 19..6~., was issued, and conforms to an of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private j~arage { unfinishe 2nd floor) Robert Clemens Owner The certificate is issued to ........................................................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N.R. UNDERWRITERS CERTIFICATE No N. R,. HOUSE NUMBER .7.7~Q Street ~ .0. ~ H~i~ JSayy~ew ~oad · .......... - LETTER OF AUTHORIZATION - TO WHOM IT MAY CONCERN= Architect, to act on my behalf in making application to the New York State Oepartment of Environmental Conservation, and any other State or local agency, with regard to this project. Sworn to before me this Notary Public, State of New York MORTON f, SMITH. JR. NOTARY PUBLIC, STATE O~ NEW YOR~ NO. 46865~3 OUALtFI£D IN SUFFOLK COUNTY COM~f~SION'EXPIRES MARCH 30, 19 l! To: Ro: January 26~ I~288' (Tad.~y ' s Southo!d Town Board of Appeals Main Road SouLhold, ~,IY ~1,1971 ~ Appeal Application of Garre%t.A. Slran~ (for Clemens) Location of Property: ~20 ROW Main 8ayview rd. (Koke Drive) $ou%hold~ New York ]]97! Dear Sirs: In reference to the New York State Tidal Wetlands ~iand-Us Reou~ations, 6 NYCRR, Part 661, and Article 25 of the £.;e:-; York Sta~e. Environmental Conoervation Law, please be advised subje¢~ prcperty iQ the within appeal ap: {p[eacc ch,2ck une box)' [ ] M,~y be located within 300 feet of tidal we.~lands however, cons%ructed alon~ the water-lying edce of this proper~'y ~s a bulkhead in very conditicn and at 1_~==~ 100 feet in ,'length. ~ ] May be located wil:hin 300 feet of ~-~ - t_~a_ wetlands. however, constructed alonq the wate-r-lyin? edge of this property is a bulkhead in need o_ {m_..o_ (major) repairs, and appr~:cimate!v feet in len~h. ~ [ ! May be located within 300 feet of tidal wetlands; however, constructed al~n~ the water-lyin.~ edge of this property is a bul~haad le~s than 100 feet in length. May be located ,;{~ ' · '-~hzn 300 feet of ' " · tlda! wetlands; and there is no bulkhead or c ..... ,,. 'on the premises, cn .....wail e:~is~in ' IX ] Is not located within 300 four of tidal Wetlands to the best of my knowledge. [~;tarred itc:ns (*) in,-ticate your property doe~j not appear to fail withi:~ the jurisdiction of thc ~4.y.s. D.E.C. Sincerely (~z.j;la ~ura ~!~ase; - [/OTE: If proposed project falls wiul~n D.E.C. jurisdi'ction, approval must be received and Sukmit~6d Lo our office before your auplication can be scheduled fo~ a public hearing. The ~t.~.S. I;nvir~lment~l ~uality Ih:view Act requires sub- mission of tl~ form, and an environmen review will be made by this~ard before any action s ken. .,q. NORT ~NV~.RO?~4ENTAL ASs:,,.,. E.h FCP:4 I. Will project result in a large physical cranes to the project elto or physically alter more than 10 acres of land? , . , , . . . · 2. Will there be a major change to any unique or unusual land form found on the site? , 3. Will project al%er or have a large effect on an existin& body of water? , , , , . Will project hive a potentially largo lmpac~ oil groundwater quality? , , , , , · . 5.Will project si~nificently effect drainage fl~w o~ adjacent sites? * * · · · . . 6° Will project affect °ny threatened or endangered plant or anL%~l species? . , . . . . ?. Will project result in a major adverse effect on Will project have a major effect on visual char- know~ to be important to the com~nunity? · · 9. Will project adversely ~..pact any site or street- , · ute of historic, pre-historic, or pal~ontological importance or any site designated as a critical ' environmental area by a local agency? · · · Yes --~X No 10. Will project have a m~Jor effect on existing or future recreational opportunities? ° · ° , · Yes, X 11. Will project result in major traffic problems or cause a major effect to existing tran~portaticn systems? · · ° · · · · ° ° · Yes X No 12. Will project regularly cause objectionable noise, glare, vibration, or electrical disturb- ance aa a result of thc. proJect'~ operation? . Yea . X No 1). Will project have any impact on public health or 12o Will project ~ffect ~he existing community by directly cau~ln,Z a growth in Fermnnent popula- r!on of more tiaa 5 percent over a period or have a ~aJor negative effect on tlc charact~ of %ne community cr nexKh~Orhood?. P~EP~E2'3 SIC::,lTt~E:~~~' TITLE: Archi%ec~ Yes X No Yes X No Ye~. X No Yes X Ho . roe., X No Yes X No -- Yes .. X No .?STPT~T!C,% S: (a) In order to answer the questions in this short EAr is is assumed that the pr°rarer wll: use currentl~ available ~fo~%tlon conceding the project and the or ot~er investlgatlon~ w~l be ~dertakun. , ', '- (b) Xf any question has been answered Yes the project ~y be si~ificant'and a completed Envirc~ental Asseesment Fo~ is necessar/. (c) ~ all que~:~on~ hays been answered ~o ~: ~ l~kely ~: ~hl~ proJac~ Is nf~ (d) ~vir~n:enta~ A~sessment .Z / .' ' , '. .... Fo~la 8007--]0~-~ Bargain and ~le ~l. with ~venant a~in,t G~ntor% Acu--lndividual or ~r~tion. ~4 ~ [o ~lSl~~de~e 23rd ~yof May ,~et~hmdred~d sixty-seven BE~E~ ,) JOHN CLEMENS and MARY CLEMENS, his wife, both residing at 53-36 212th Street, Bayside, New York, party of the first part, and ROBERT JOHI~ CLEMENS, residing at 128 Catherine Street, East Northport, New York, party of the second part, WITNleqSllgTH, that the party of the first part, in consideration of Ten {$10.00) .............................................. dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, ~ingandbeing~at Bayview, Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of a private road known as Koke Drive, distant S. 25° 56' 50" W. a distance of 365 feet from the intersection of the said easterly line of Koke Drive with the southerly line of Main Bayview Road, which said point of beginning is the northwesterly corner of the premises described herein and also the southwesterly corner of land formerly of Koke and about to be conveyed to Cowan; running thence from said point of beginning S. 64° 03' 10" East a distance of 103 feet along said last mentioned land to a point; running thence S. 25° 56' 50" West a distance of 125 feet along other land of the grantors herein; running thence N. 64° 03' 10" West a distance of 103 feet still along other land of the grantors herein to a point on the said easterly line of Koke Drive; running thence along the said easterly line of Koke Drive N. 25° 56' 50" East a distance of 125 feet to the point or place of beginning. TOGETHER with a Right of Way in common with others 30 feet in width running from Main Bayview Road to Corey Creek, and further described as follows: THlg easterly line begins at a concrete monument on the southerly side of Main Bayview Road at the northwesterly corner of land form- erly of Anderson and now of Greene; running thence along said land of Greene and other land of the party of the first part, two courses and distances as follows: (1) S. 25° 56' 50" West 698.13 feet; thence (2) S. 37° 04' 50" West 200 feet, more or less to Corey Creek. The westerly line being 30 feet westerly thereof as measured at right angles to said easterly line. ALSO with a Right of Way 30 feet in width and then 50 feet in width starting approximately at the southwesterly corner of the premises described herein, running northwesterly about 620 feet and then northeasterly about 357 feet to the southerly side of Main Bayview Road. BEING A~D INTENDED to be the same premises conveyed to the grantors herein by Frederick C. Koke and Alexander W. Koke, by deed dated the 15th day of August, 1964 and recorded in the Suffolk County Clerk's Office on August 17, 1964 in Liber 5596 at page 416. GARRETT A. STRANG architect Main Road P.O. Box i412 Southold N.Y. 11971 516- 765 - 5455