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Home My WebLink About3699 thold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS December 2, 1987 Appeal No. 3699 Application Dated TO: Lynn Theresa Cahalan, Esq. Anthony B. Tohill, P.C. as Attorneys for EDWARD 12 First Street, Box 1330 Riverhead, NY 11901 AND BARBARA BETSCH [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 3, ]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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-3], and Bulk Schedule [ ] Request for Application of EDWARD AND BARBARA BETSCH for Variances to the Zoning Ordinance, Article III, Section 100-3l, Bulk Schedule, for permission to construct addition(s) to dwelling with an insufficient westerly sideyard setback and insufficient total sideyards. Location of Property: North Side of Rabbit Lane, East Marion, NY, County Tax Map Parcel No. 1000-31-17-15. WHEREAS, a public hearing was held and concluded on February 18, 1988 in the Matter of the Application of EDWARD AND BARBARA BETSCH under Appl. No. 3699; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants request a Variance to the Provisions of Article III, Section 100-31, Bulk Schedule of the Zoning Code for a reduction of the westerly sideyard from 10.9 feet to 3.9 feet for additional bedroom (liveable floor) area as shown on the sketches dated September 20, 1987 and sketched survey. 2. The premises in question is located along the north side of Rabbit Lane (a private road) at East Marion, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 17, Lot 15. 3. The subject premises is improved with a 664± sq. ft. single-family dwelling structure and accessory garage located in the rear yard area, all as shown by survey prepared by Anthony W. Lewandowski, dated October 2, 1984. The setbacks of the dwelling structure are shown to be 7.4± feet (CONTINUED ON PAGE TWO) DATED: March 3, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW/q OF APPEALS ZONING BOARD Page 2 Appl. No. 3699 Matter of EDWARD AND BARBARA BETSCH Decision Rendered March 3, 1988 from the front property line, 10.9 feet at the westerly side property line, and 10.2 feet from the easterly side property line. 4. Article III, Section lO0-31, Column "A" of the Bulk Schedule requires: (a) minimum sideyards at 10 and 15 feet, and (b) total sideyards at not less than 25 feet. The sideyards are presently nonconforming. 5. The amount of relief requested by this application is a variance of seven feet (10.9 feet to 3~9 feet at the west side), and total sideyards of seven feet (21.1 feet to 14.1 feet [10.2 + 3.9]. 6. In considering this appeal, the Board also determines as follows: (a) the relief requested in relation to the requirements is substantial, being a variance of 40%, although the percent- age of the established nonconforming setbacks is 33%; (b) the property is a substandard parcel, which lends to the practical difficulties and uniqueness of this project; (c) the circumstances are unique to the property~ (d) the alternative relief as conditionally noted below will not in turn be adverse to the safety, health, comfort, convenience or order of neighboring properties; (e) there will not be an increase in density by the grant of this variance; (f) the alternative relief as conditionally noted below is the minimum necessary; (g) the practical difficulties claimed are sufficient to warrant a grant of this variance~ (h) there is no other method feasible for appellants to pursue, other than a variance; (i) that in view of all the above factors, the interests of justice will best be served by granting the following alternative relief. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to DENY the relief as requested for a 12-ft. addition with a setback at the westerly side at 3.9 feet and total sideyards at 14.1 feet; and be it further RESOLVED, to GRANT alternative relief under Appl. No. 3699 in the Matter of EDWARD AND BARBARA BETSCH, for an addition at the westerly side (for bedroom/liveable floor area use) provided that the setback at the westerly side be not less than five feet, including overhang(s), step areas, etc., and total sideyards at not less than 15.2 feet. Vote of the Board: Ayes: Grigonis and Douglass.. ~Member resolu~'i"on was dulyadog~ed. RECEIVED AND FILED BY' * THE/KSOUTHOLD TOWN CLERK DATE ~//7/¢w HOUR //.'~o Town Clerk, Town of Southold Messrs. Goehringer, Doyen, Sawicki was absent.) This GERARD P. GOEHRINGER, ~AIRMAN March 15, 1988 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, New York, on THURSDAY, FEBRUARY 18, 1988 at the following times: 7:30 Q.m. Appl. No. 3702 - OLGA CORDES. Variances the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the proposed insufficient area and width of two parcels in this pending division of land located at the south side of Sterling Road (Nassau Farms), Cutchogue, NY; County Tax Map District 1000, Section 104, Block 4, Lots 17 and 18. to 7:35 p.m. Appl. No. 3709 - EDWARD AND ORTRUD HANUS. Special Exception to the Zoning Ordinance, to establish one new Accessory Apartment in the existing dwelling structure in accordance with the reouirements of Article III, Section IO0-30(B), subsection 15. Location of Property: 635 Lup~on's Point Road, Mattituck, NY$ County Tax Map District lO00, Section 115, Block 11, Lot 3. ~ 7:40 p.m. Appl. No. 3699 EDWARD AND BARBARA BETSCH. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition(s) To dwelling with an insJfficient westerly sideyard setback and insufficient total sideyards. Location of Property: North Side of Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-17-15. 7:45 p.m. Appl. No. 3607 - JAMES O'NEILL and PETER McSHERRY. Variances to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient ar~a, width and depth of two proDosed oarcels, each with an existing dwelling, located at the corner of the N/s Wiggins Street and the W/s Eighth Street, Greenport~ NY; Map of S. Buel Ccrwin (1885) Lots 28 and 29; County Tax Map District 1000, Section 48, Block l, Lot 22. Page 2 Notice of Hearings Regular Meeting February 18, Southold Town Board of Appeals 1987 7:55 p.m. TARTAN OiL CORP.: (a) Appl. No. 3633 Special Exception under Article VII, Section lO0-70(B) of the Zoning Code for approval of the establishment of a partial self-service gasoline station; anQ (b) Appl. No. 3636 Variance to the Zoning Ordinanoe~ Articles VI, Section 100-62(B), Article VIi, Section iO0-70(B), for an Interpretation of "retail shopping c~nter" ano for Dermis- sion to establish convenience store as an accessory to the existing gasoline-s~rvice station. Location of Property: South Side of Main Road, West Side of Marratooka Lane, and East Side of Sunset Avenue, Mattituck, NY; County Tax Map D~strict 1000, Section 115, Block 3, .or 9. Zone District: "B-l" General Business. 8:05 p.m. Appl. No. 3701 CHARLES ZAHRA. Application under Article XIV, Section 142 of the Zoning Code for a Reversal of Determination of Building inspector in his Revocation of Building Permit ~15428Z issueG October 27, 1986. Location of Proaer~y: 140 Pike Street, Mattituck, NY; County Tax Map District 1000, Section 14t, Block 4, Lot 5. Zone District: "B-I" General Business. The Board of Appeals will hear at saio time and ]lace all persons or representatives desiring to be hearc in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior go the con- clusion of the subject hearing. For more information, please call 765-1809. Dated: February 2~ 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD Po GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following 2/3/88 by mail: Mr. William B. ~eters, 1600 Pine Tree Road, Cutchogue, NY 1i935 (Re: Cordes) Mr. and Mrs. Edward A. Hanus, 635 Lu~ton's Point Road, Mattituck 1!952 Lynn Theresa Cahalan, Esq., 12 First St., Box 1330, Riverhead, NY 11901 As Attorney for Mr. and Mrs. Edward Betsch 1i952 William D. Moore, Esq., Main Road, Clause Commons, Mattituck, NY As Attorney for McSherry & O'Neill As Attorney for Tartan Oil Corp. Eric J. Bressler, Es~., Box 1424, Main Road, Matti~uck, NY 11952 As Attorney for Charles Zahra Other: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. ZBA Members Individual Files Town Bulletin Boards 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, New York, o5 THURSDAY, JANUARY 14, 1988 at the following times: 7:35 p.m. Appl. No. 3705 ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII, Section IO0-80(B) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10s 1987~ prepared by John A. Grammas & Assoc. Zone District: C-Light Industrial~ Location: North Side of C.R. 48, Cutchogue, NY~ County Tax Map District 1000, Section 96, Block 1, Lot 19~ containing 45~589± sq. ft. in lot area. 7:40 p.m. Appl. No. 3697 WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY~ Cedar Beach Park Map No. 90, Lot 113; County Tax Map District 1000, Section 90, Block 2, Lot 6. 7:45 p.m. Appl. No. 3676 ANTHONY ROBUSTELLI. (Recessed from December lOs 1987 as reques%ed). 7:50 p.m. Appl. No. 3681 ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels proposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelling'a~d accessory storage building on vacant lot (Section 100-32). Location of Property: East Side of Deep Hole Drive~ Mattituck, NY~ County Tax Map Parcel No. 1000-115-13-12.1 (prey. 11 and 12). Page 2 Notice of Hearings Southold Town Board of Appeals January 14, 1988 Regular Meeting 7:55 p.m. Appl. No. 3706 - MANFRED E. KUERNER. Variances to the Zoning Ordinance, Articles III, Section 100-31, and XI, Section 100-119.2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback, insufficient total sideyards, excessive lot covera§e and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque. Location of Property: East Side of Carole Road, Southold, NY~ County Tax Map Parcel No. 1000-52-2-3. 8:00 p.m. Appl. No. 3652 - GUIDO AND ANNA CIACIA. Variances to the Zoning Ordinance, Article VI, Section 100-61, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this pending division of land located at the corner of the east side of Kerwin Boulevard and the south side of Main Road, Greenport. Zone District: B-Light Industrial. County Tax Map Parcel No. 1000-53-2-20; Peconic Bay Estates Lots 178 and part of /V/~ar 8:10 p.m. Appl. No. 3699 - iances the Zoning Ordinal Bulk Article X! to construct addi (s) to AND BARBARA BETSCH. Article III, Section lO0-3t, ion 100-119.2 for permission ing with an insufficient westerly sideyard set insufficient setback Lake (landward of exisi _;_ Location of Property ~County Tax Map 8:20 p.m. Appl. to the Zoning Ordinance, Article XI, Section lO0-1t8E for permission to rebuild and repair existing nonconforming structure which exceeds 50% of fair value of same and which exceeds those limitations of Prior ~.B.A. Appl. No. 3590 rendered March 5, 1987. Location of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 and 09, containing .60 of an acre total. 8:30 p.m. Appl. No. 3688 - ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width (frontage) of two parcels in this pending division of land. Location of Property: North Side of C.R. 48 (North Road), Greenport, NY County Tax Map Parcel No. 1000-40-01-20, containing a total area of 5.20± acres. insufficient total sideyards, and fro rest wetland area along Marion ac~ry garage structure). g North Side ~bbit Lane, East Marion, No. lOOO-31-1 No. 3698 - THOMAS ZIMMERMAN. Variance Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14, 1988 The Board of Appeals will hear at said time and place all persons or representatives 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 con- clusion of the subject hearing~ For more information, please call 765-1809. Dated: December 31, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTION NEWSPAPERS: Please publish once, to wit, THURSDAY~ JANUARY 7, 1988 and forward Affidavits of Publication together with your bill and signed voucher to the Office of the Board of Appeals on or before January 12th. Thank you. Page 4 Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14, 1988 Copies Mailed To the followin§ 12/22/87: Mr. Arthur V. Jun§e, 6880 Nassau Pt. Road, Cutchogue 11935 Mr. and Mrs. William Tuite, 1777 Harvard Ave, Merrick~ NY 11566 Mr. ana Mrs. Anthony Robustelli, 48 Revere Roads Manhasset~ NY 11030 Marie Ongioni~ Esq. as Attorney for Anthony & Angela Leone Patricia C. Moore, Esq,, Edson & Bruer, as Attorneys for Manfred E, Kuerner Guido and Anna Ciacia Anthony and Sally Pirrera Anthony B. Tohill, Esq,~ as Attorney for Edward and Barbara Betsch Mr. Thomas Zimmerman~ 39 Er~c Lane, New Hyde Park, NY t1040 Z.B.A. Chairman and Members with maps, e~c. Delivered to the following 12/22/87: Planning Board (Diane and Valerie) Building Department (InspectorsL2) Town Clerk Bulletin Board ZBA Office Bulletin Board Delivery To the Suffolk Times and L.I. Traveler on l/ /88 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE · SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ · ,~.~, .x..I. ~ ...... }%. ~ .~,.,., .~,~, ~. ~,...~x~, ........ PLEASE TAKE NOTICE that your applicat~on dated , .&~ ~.~.. ~. ........ 19 .g. ~.. for pem~it to construct, .~. ~&.~ ~e .~. . .~. . . at Location of Property . .~k7. ~. ~...~Z..~ ................. House ~o, Street Homier County Tax Map No. lO00 Section . .', ~ ~} ....... Block ..... ~ ~ ...... Lot . ~ ~. ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and dbappro, ctl on tile lbllowing grounds...D-~.. ~...~. · . ~ ~. ~.T .~ ] ....... ~.. ~~ ....... ~ .... ~ ............ ~ ....... ~~ .~ ~.e~ ~{. ~ ........................................... . Building Inspector TOWN OF SOUTHOLD, ~ APPEAL FROM DECISION OF BUILDING INSPECTORoEc 0 2 I~87 DATE ..N..°..Y..e..~...~.,e...~....2...0. x. 1987 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. (We) .~..cl,..~..~.?...d.....~.:.....&.....~..~...~.]~.~....~.,..,~..~.~.$..q~ ....5.~).r~,~...~.~.~h..~ ..................................... Name of Appellant Stre~ and Numar ...~.~.~. ......................................................................... ~.~...~.~ ......... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~..o...~..e..m...~..e..~....6o/....~.9...8.] ............... WHEREBY THE BUILDING INSPECTOR DENIED TO care ( ) ( ) (k) Name of Applicant for permit of ....%A ..~ ~.~.% ...s. ~.e...e.~.,... ~..-..0..,... ~..o.~... &..3..3..q.,... ~.v...e.~ .e..% .q ~ ...~... ~..~..9..0..~ ..... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Build 1. LOCATION OF THE PROPERTY ~.~5. ~.a.b~.i,~..~.~.,...~.¢~..~....~,,.a.~..o..~.. ......................... Street /Hamle~ / Use District on Zoning Map D~sCrlct 1000 SectJon031B1ock17 Lotl5 ~ , ................................................................................ .burren~ 0~nerEdward F. & Barbara K. Mop No. Lot No. Prior Owner Robert Koch Betsch 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 TTT Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeaJ ~"'~) (has not) been mode 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 Appea.I No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 0¢×) A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF~THE-~RDINANCE would produce )racticoJdifficultiesorunneces- sary HARDSHIP becaUs~,,~%he~e~i'st~n~ structure is far too small to provide housing fbr owners' family. The additions, as proposed~ are the only practical means of providing additional bedrooms for owners~ children. 2. The hardshiDcreotedis UNIQUEandisnotshared by all properties alike in the immediate vicinity ofthisproperty and inthis use district because upon in£ormat±on and bel±ef the houses in area and use district are not constructed like petitioners', to wit: with inverted corners that can be "squared off." 3. The Variance would observe the spJrit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property is improved by a single family dwelling that would remain a single family dwelling. The proposed additions would have no impact on traffic congestion and will not impair the privacy of residents in the area. The appearance of the area will not be affected. STATE OF NEW YORK ) ~['~L-~' COUNTY OF SHFFOT,K ) Signature ANTHONY B. TOHILL Sworn to this .......... ~..~ ....................... day of ........ .D...e.~..e.~.b...e;~ ............................. 1982 Notary Pdbii~ TO1/~N OE: SOUTHOLD OWNER < STREET FORMER OWNER PROPERTY Vi LLAGE SEAS. VL. FARM COMM. MISC. RECORD .'CARD SUB. ACR. / I TYPE OF BUILDING LOT Mkt. . LAND IMP. TOTAL DATE REMARKS Boo /~o¢~ / AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE -~f~-~- Ac~e Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Value Per ~ Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH , BULKHEAD DOCK COLOR TRAM Extension Extension Porch Porch Breezeway Foundation S~~'~ Both Basement Floors Ext. Walls Interior Finish Fire Place ~,~.( HeQt _ Type Roof Rooms 1st Floor Recreation Rooms 2nd FlOor Dormer Driveway Dinette K. LR. Garage Patio Tara I I DEPARTMENT OF PLANNING COUNTY OF SUFFOLK I~ATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE I='. KOPPELMAN DIRECTOR OF PLANNING March 23, 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) Edward & Barbara Betsch 3699 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals NAIN RnAD- C=TATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11~?1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 16, 1988 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, P.C. 12 First Street, Box 1330 Riverhead, NY 11901 Re: Appl. No. 3699 - Edward and Barbara Betsch (Variances) Dear Ms. Cahatan: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be issuance of any be applicable. sure to return to the Building Department for permits or other approvals in writing as may 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 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ~ATRICK ~. HALPIN 360-5206 March 23, 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) Edward & Barbara Betsch 3699 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 BTATE RE3AD 25 BDUTHI~LD, L I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROeERT J. DOUGLASS JOSEPH H. SAWICKI 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: ×x Variance from the Zoning Code, Article III , Section 100-31, and Variance from Determination of Southold Town BB~ic~d~pector Special Exception, Article , Section Special Permit Appeal No.: 3699 Applicant: Edward and Barbara Betsch location of Affected Land: N/s Rabbit Lane, East Marion, County Tax Map Item No.: 1000- 31-17-15 Within 500 feet of: Town or Village Boundary Line - NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed Co6nty, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area 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 dwellinq with an insufficient westerly sideyard setback and insufficient total sideyards Copies of Town file and related documents enclosed for your review. Dated: March 22, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWIC½1 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 March 9, 1988 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, P.C. 12 First Street, Box 1330 Riverhead, NY 11901 Re: Appl. No. 3699 - Edward and Barbara Betsch Dear Ms. Cahalan: Inasmuch as your March 2, above application was received required to return same. 1988 letter concerning the on March 7, 1988, we are On March 3, 1988, alternative relief was granted by the Board with a setback of not less than five feet from the westerly property line, at its closest point, including overhang(s) or step areas. A copy of the Board's Findings and Determination will be forwarded to you under separate cover within the next few days. Please feel free to call if you have questions. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 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-BTATE ROAD 25 SOUTHOLD, L.I., N.Y. llgT1 TELEPHONE (516) 765-1809 March 9, 1988 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, P.C. 12 First Street, Box 1330 Riverhead, NY 11901 Re: Appl. No. 3699 - Edward and Barbara Betsch Dear Ms. Cahalan: Inasmuch as your March 2, 1988 letter above application was received on March 7, required to return same. concerning the 1988, we are On March 3, 1988, alternative relief was granted by the Board with a setback of not less than five feet from the westerly property line, at its closest point, including overhang(s) or step areas. A copy of the Board's Findings and Determination will be forwarded to you under separate cover within the next few days. Please feel free to call if you have questions. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski March 2, 1988 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road State Road 25 Southold, New York 11971 RE: Application of Edward and Barbara Betsch Application No.: 3699 Dear Chairman Goehringer and Members of the Board: This letter is submitted in further application to the Board on behalf of Edward and Barbara Betsch, for a variance to Zoning Ordinance, Article III, Section 100-31, Bulk Schedule. At the public hearing, Chairman Goehringer suggested that the westerly side yard set back to be varied to five feet, rather than the requested 3.9 feet, because maintenance of the house might necessitate the placement of a ladder over the property line of the adjoining lot. In response, it should be noted that: 1) The Betsch family has applied for a variance to enable them to provide bedrooms for their children. As applied for, the bedrooms will be miniscule. To further reduce their width would be to make the proposed rooms intolerably small; 2) The house is raised on pilings and is, therefore, more elevated than surrounding homes or homes of comparable dimensions. As such, the angle of a ladder placed against the westerly side of the house would be more acute than for a house not raised on pilings. Because the house is raised, then, the likelihood of trespass on the adjoining lot is diminished; 3) Because of the shape of the house and the size of the lot, there are many other places around the house against which to place any equipment necessary to repair or maintain the dwelling. Finally, as per the Board's request, Mr. Betsch staked out the dimensions of the proposed addition. I trust that a final site inspection has now been completed. Therefore, as the Board can tell from its inspection as well as from the photographs annexed to the application, most of the lots surrounding the Betsch property contain houses with substandard side yard set backs. Some of the adjacent homes have only a few feet between their outside walls. Here, there will be nearly four feet between the home and the property line of the adjoining lot, which is, itself, vacant. Thus, the applicants are not requesting variances any different from, or more severe than, those of their neighbors. Once again, thank you for your time and consideration. Please contact the undersigned if you have any further questions. Very truly yo~urs, Lynn Theresa Cahalan LTC/sr cc: Mr. & Mrs. Edward Betsch ANTHONY B. TOHXLL, R G. February 18, 1988 Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Gentlemen: 1. My name is Lynn Theresa Cahalan. I am associated with Anthony B. Tohill, P.C., attorney for the applicants, Edward and Barbara Betsch. Mr. Tohill's offic~ has been asked to appear on the applicants' behalf pursuant to the authorization dated April 1, 1987 and annexed to the variance application. 2. Mr. and Mrs. Betsch would like to add three bed- rooms to their home in East Marion, so that they may accommodate their growing family. Currently, there are now two very small bedrooms in the home. By adding to the home, the Betsch family will increase the size of one and add two others. The Betsch children are now young adults and certainly cannot be housed in one bedroom. 3. The small home is loca~e~ on the north side of Rabbit Lane, a paper road that runs parallel to Marion Lake in East Marion. It is currently known as 625 Rabbit Lane, was formerly known as 555 Rabbit Lane, and has been designated as Suffolk County Tax Map No. 1000-31-17-15. A copy of the tax map is annexed as Exhibit A. 4. The zoning status of the property is Residential A. individual side yards are required at 10 feet. Total side yards are required at 25 feet. The westerly side yard is now 10.9 feet. The variance sought is to reduce the westerly side yard to 3.9 feet. The present total side yards ~qual approximately 21 fe~t; therefore the total side yards will be reduced from 21 feet to 14 feet. 5. If Mr. and Mrs. Betsch cannot add the extension, they will be forced to pick and choose among their children for overnight stays. 6. The two adjoining n~ighbors have been notified by mail of the proposed additions, as well as the fact that the Southold Town Board of Appeals Page 2 February 18, 1988 extension will result in a westerly side yard that does not meet code requirements. Mr. Betsch has spoken with his neighbors, and neither the Koch family nor Ms. Gray object to the Betsch family expanding their home. 7. The original Certified M ' ~all receipts for the adjoining landowners are annexed hereto as Exhibit B. The Town of Southold, as owner of record of Marion Lake was also notified. u. Also, annexed as Exhibit C are original photographs of the Betsch property and homes of the applicants' neighbors. Upon review of the pictures, it is clear that adding three (3) bedrooms to the Betsch family home will not alter the visual character of the community. There are vacant lots on each side of the Betsch property. Yet, many of the o~he~ homes are positioned close together. 9. There will be no impact on traffic. The proposed addition will not cause the home, as extended, to exceed the maximum permitted lot coverage. The house itself, both as it exists, and with the proposed addition, is located more than 100 feet from the Freshwater Wetlands of Marion Lake (see DEC letter annexed to original application). 10. There is no way possible for the applicants to expand their home to the rear because a garage is located directly behind the house~ and an extension to the rear would bring the whole house that much closer to the Freshwater Wetlands. 11. There is no practical extension that can be built that would not decrease the side yard setback to below code requirements. Seven feet is all that is needed to provide sleeping quarters for the whole family. 12. Currently the Betsch house is different from most, if not all of the others in the area. The total square footage of the home has been greatly reduced by the peculiar design which is shaped like a "T" and which lacks "squared corners" where Mr. and Mrs. Betsch could otherwise provide sleeping quarters for their children. 13. It is practically difficult, if not impossible to maintain a family within a one-bedroom home that easily can be Southold Town Board of Page 3 February 12, 1988 Appeals expanded. The size of an applicant's family is a well recognized cause of practical difficulty in area variance applications. Here, we have two small bedrooms for a married couple and their three teenaged and young adult children of different sexes. At any given time, two-thirds of the children literally have no place to sleep. Annexed as Exhibit D are cases in which insufficient sleeping quarters were sufficient to justify area variances. 14. In order to avoid severe practical difficulty, Mr. and Mrs. Betsch need an area variance to reduce one side yard by seven feet. The Board can grant such a variance without sacrificing the spirit of the ordinance or the character of the neighborhood. Thank you for your time and consideration. Very truly yours, .Lynn Theresa Cahalan LTC:KR Attachments Put your address in ~I~RETURN TO space on the reverse side· Failure to~Rhis will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered tp end the date of delivery. For additional fees the following ~ervlce~ are available. Consult postmaster for feel and check box(es) for additional service(s) requested. 1. [] Show to whom delivered, date, and addratsee's address. 2. [] Restricted Delivery. 3. Article Addressed to: 4. Article Number Town of Southold P 337 648 681 Reg,...."d Express Meil ~-~O0~-~Ob-~ [~ ~-¢ t~C:~-~ ~ Alweys obtain $ignature of addressee o, · agent and DATE DELIVERED. 5. Signature - Addressee 8. Addressac's Address (ON£ ¥ if 6x. Signature -- Agent /~ ~,,~/ requested and fee patd} x FS Form 3811,Fob. 1986 ~ DOMESTIC RETURN RECEtPT I~ SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4, Put your address in the "RETURN TO" space on the reverse side. Faliure to do this will prevent this card from being returned to you. The return receipt fee will orovide VOU the name of the person delivered to end the date of delivery. For additional fees the following services are available. Consult postmaster for tees and check box(es) for additional service(s} requested. 1. [] Show to whom delivered, date, and addressee's address. 2. [] Restricted Delivery. 3. Article Addressed to: 4. Artic)e Number George J. and Barbara J. Koch, P 337 648 680 Jr. Type of Service: Mt. Beulah Avenue []Registered Southold, NY 11971 ~' BCertified Express Mall Always obtain signature of addressee or ~~.' r~ ' agent and DATE DELIVERED, 5. Signat r~.-- Addressee ~; V~/.~~ 8. Addressee's Address (ON£Yif X ,~,, I1~ requestedandfeepaid} 6. , v / PS Form 3811,Feb. 1986 --~ DOMESTIC RETURN RECEIPT ~) SENDER: Complete Items 1 and 2 when additional services are desired, and complete items 3 and 4 Ptxt"¥Our address in the "R~TURN TO" space on the reverse side. Failure to do this will prevent this ce.rd, from being returned t~u. The return receipt fee will provide you the name of the person delrvered to end the date of~elivery. For additional fees the following services are available Consut postmaster for fees and check box{at) for additional service(s) requested, 1. [] Show to whom delivered, date, and addressac's address. 2. [] Restricted Delivery. 3. Article Addressed to: 4, Article Number Virginia McLave Gray P 337 648 679 31 Hillside Avenue Type of Service: Hastings-On-Hudson, NY ~ CertifiedRegistered B CODInSumd Express Mail Always obt,si~10~re of addressee or agent a n~ [:~-~B~B~.~V E R E D. X~)~~C ~ req 6. Signature Agent x , PS Form 3811,Feb. 1986 DOM ;TiC RETURN RECEIPT ~05 NEW YORE SUPPI.~.u~IT, ~i SERIES 81, subd. 6). Thus, the question is important to the plaintiff, not only later, but now, if it were to attempt to exercise the option long before the present expiration of the lease, or to sell or assign or mortgage tile sublease. It is my opinion that the complaint sets forth a present justiciable con- troversy and a valid cause of action for a declaratory judgment. Accord- ingly, the motion is denied. The defendants may answer within 10 days after tile service of a copy of the order entered hereon, with notice of entry. Application of Edward R. QUAGLIO, d/b/a Q. G. Construction Co., Petitioner, v. Charles LA FEENEIItE, Charles O'Regan, Frank A. O'Neill, C. Clifford Mason and Milton Tracy, Constituting the Zoning Board of Appeals of the Incorporated Village of East l~.ockaway, Nassau Oount}', New York, spondents. Supreme Court, Special Term, Nassau County, Part I. June 10, 1960. Proceeding for order annulling denial of application for a rear- yard variance. The Supreme Court, Bernard $. Meyer, J., held that allegalions iu petilion that all available rooms in petitiouer's house were occnpied by other memhers of his family and that it was necessary to erect den to be used as bedroom by his mother-h~-law for whom it was necessary to provide accommodations suflSciently alleged practical dif- ficulty as basis for variance and since one of items to be considered was ~vhether a substantial change would be produced in character of neigh- borhood or substantial detriment to adjoining properties would result, allegations concerning granting of other variances in neighborhood would not be stricken. Judgtnent in accordance with opinion. 1. Zoning ~='497 Practical difficulty which will necessitate issnance of a variance cannot arise from acts in disregard of zoning ordinance. 2. Zoning ~:~497 Where owner of house sought a rear-yard variance tO erect a den and garage, fact that owner had contracted for built-in furniture to be used in den was not a sufficient reason for granting variance, siuce thc prsctical ditficulty arose from acts done in disregard of ordinance. fi, not only long before orlgage the iciable con- t. Accord- ifin 10 days h notice of , Petitioner, 1, 0. 01ifford ,peals of tho *- York, l~o- QUAGLIO v. LA FI~ENEIItE 969 3. Zoning ~495 A legal increase in number of occupants of a residence can give rise to a practical difficulty within Village Law to effect that where there are practical difficulties in way of carrying out strlet letter of zoning ordinance, Board of Appeals has power to vary or modify the applica- tion of ordinance. Village Law, § 179-b. 4. Pleading Zoning Allegations in petition for order annulling denial of application for rear-yard variance tbat all available rooms in petitioner's house were occupied by other members of his family and that it was necessary to erect den to be used as bedroom by his mother-in-law for whom it was necessary to provide accommodations snfficlently alleged practical culty as basis for variance, and since one of items to be considered w~ whether a substantial change would be produced in character of neigh- borbood or substantial detriment to adjoining properties would result, allegations concerning granting of otber variances in neighborhood would not be stricken. Civil Practice Act, ~ 1283 et seq.; Village ~w, ~ 17~-b. -or a rear- held that louse were :cessary to ,om it was ~ctical dif- [dered was of neigh- uld result, gbborhood Ii. Zoning ~:~726 If statement, which was made in brief of petitioner for variance from zoning ordinance, that no reasons were given for denial by Board of Appeals of application, meant tlmt no findings of fact were made by the Board, matter would, upon confing in of answers of Zoning Board of Appeals, be remanded to Board for holding of further hearing and making of findings which would be based on evidence and which would be susceptible of review as to sufficiency of supporting evidence. 6, Zoning ~:~72§ If village counsel conceded that findings of fact were not made by Zoning Board of Appeals in denying application for variance, then order to be entered would provkle for remand and for Board's answer to be served and filed within 15 days after adoption by Board of resolu- tion making such findings. variance recta den ture to be since the 7. Zoning If statement made by applicant for zoning variance in his brief meant that no findings of fact were made by Zoning Board of Appeals in denial of application or if village counsel conceded that findings were not made, applicant should, after coming in of Board's answer, notice the matter for hearing. Civil Practice Act, § 1293. Paul G. Kopolsky, New York City, for petitioner. W. Wesley Hill, Lynbrook, for respondents. 970' 203 NEW YORK' S~JPI~LEMENT, 2d SERIES BERNARD S. MEYER, Justice. [1-4] By this Article 78 proceeding a property owner, throngh the sub-contractor engaged to perform a part of the alteration work, seeks an order annulling the denial of an application for a rear-yard variance. The Village by objections in point of law questions the sufficiency of the petition aud seeks to have stricken as irrelevant, allegations that eight similar variances have been granted within a two-block radius of the residence in question. The petition alleges that it has become necessary for the owner to provkle living accommodations for his mother-in-law, a widow, that all available rooms are occupied by other members of tile owner's family and that it is songht to erect a garage and den, the den to be used as a bedroom for the mother-in-law. The court agrees that the further allegation that the owner has contracted for built-in furni- ture to be used in the den is insufficient, since t~he practical difficuIly which will necessitate the issuance of a variance cam~ot arise from al:ts done in di'~reg--~rd of the ordinance. Paragraph ll(d) and the first sen- (e~i~e of"Paragraph like) will, tl~erefore, be stricken as irrelevant. tfowever, the Court does not agree that a legal increase in the number of occupants of a residence cannot give rise to practical difficulty within the meaning of Village La,v, § 179-b. The petition is, therefore, suffi- cient and since one of tile items to be considered is whether a substan- tial change will be produced in the character of the neighborhood,or a substantial detriment to adjoining properties created (Wachsberger v. Michalis, 19 Misc.2d 909, 191 N.Y.S.2d 621), respondents' request that the allegations concerning the granting of other variances in the neigh- borhood be stricken will be denied. [5-7] An order will be entered denying the application to disnfiss the petition but striking the allegations of paragraph 11 above referred to and permitting respondents to answer within 15 days after service upon them of a copy of the order to be entered hereon with notice of entry. The Court notes that if the statement made in petitioner's brief that no reasons were given for denial by the Board of the application means that no findings of fact ~vere made by the Board, the matter will, upon the coming in of respondent's answer, be remanded to the Board for the bolding of a further hearing and the making of findings based on the evidence and which are susceptible of review as to the sufficiency of the supporting evidence. Lemir Realty Corp. v. Larkin, 8 A.D.2d 970, 190 N.Y.S.2d 952; Syosset Holding Corp. v. Schlimm, 4 A.D.2d 766, 164 N.Y.S.2d 890. If Village Counsel concedes that findings were not made, then the order to be entered hereon should provide for such *emand and for the respondents' answer to be served and filed within 15 ~tays after adoption by the Board of the resolution making such find. ~ngs. In either event, petitioner should, after respondents' answer come~ in, notice the matter for hearing as provided in Civil Practice Act, § 1293. / ~.'rpPE v. OISTERNINO 273' Cite as ~ N.¥,S~d 273 Since, in my opinion, there must be a remand for a new trial as to all the oilier appellants, tile new trial should also include Compact Island, Inc. Tbe findings made by the Trial Court do not distinguish the respondents and give no reliable guidance as to conclusions as to the responsibility of tile various parties. It is impossible to tell just what weight the trier of the facts gave to the testimony regarding Compact Island. Moreover, the entire evidence as to complaints must be considered in the light of the uncontradicted testimony of Eisenberg that Compact As- sociates sold between 15 to 20 thousand Compact units since 1956 and that 4 thousand units were sold in 1963. The comparatively small incidence of complaints as against the large volume of business is not indicative of wholesale fraud; particularly since the representative of the Better Business Bureau testified as to the cooperation given by Eisenberg and Sindehnan when complaints were brought to their attention. Upon the foregoing analysis of the testimony, it is apparent that the record does not support the findings by the Trial Court or the judgment entered thereon. The palpable insufficiency of the evidence as to all respondents except Compact Island, Inc. reqnires that there be, at least, a new trial. BREITEL, J. P., concurs. 44 Mise.2d 510 Application of Jerome S. LIPPE and Greta Lippe, Petitioners, for a final judg- ment reversing and setting aside decision of the Zoning Board of Appeals of the Town of Yorktown, v. Andrew OISTBRNINO, Clarence Keller, Harry Samuels, Howard Orneck amd John Maskey, constituting the Zon- ing Board of Appeals of the Town of Yorktown, Westchester County, New York, Respondents. Supreme Court, ~restchester County. Nov. 17, 1964. Special proceeding to review determination of Zoning Board of Appeals denying application for variance to permit construction of addi- tional bedroom and two-automobile garage on premises. The Supreme Court, Westcbester County, Joseph F. Gagliardi, J., held that owners of home wbicb xvas located on 1.076 acre parcel sitnated in two-acre zone and wbich bad only one bedroom and no garage were entitled to vari- ance. Determioation annulled; petition granted. ~ [~t ,, , f LIPPE v. 0I~'1'~,1~1~0 275 .-- -~y owr/ers have been allowed to appear and serve their an- 't~ petition as intervenors-respondcnts. It is conceded tbat thc ~-;_i~n was required because petitioners' house is on a 1.076-acrc ~-_-' situated in a 2-acre zone. It is improved with a one-story ranch '. ~-_-with living room, kitchen, one bedroom, two baths and a kklney- ',iped swimming pool. Petitioners claimed practical difficulty arises from thc fact that thc house presently has only one bedroom and addl- ._~Onal sleeping space is required to accommodate their [ourtccn-ycar-ohl gaughter who is presently in a hospital for illness. Most o£ tile other residences in thc area have two-car garages. Thc usual lcttcrs of neighbors [or and against the variance were snb- mittcd to thc Board. Petitioners also submitted a mcniorandum of a real estate appraiser who opined (1) that petitioners wonld recover at best 50% of the money expended in improvements dne to thc lack of additional bedroom space; (2) that ill its present condition it woold appeal to a rare spcclalizcd type buyer; and (3) that it is presently non- mortgageablc. Thc Board by decision dated July 30, 1964, ruled inferentially that it had no power to grant thc variance upon thc ground tbat it was pro- hibited by section 454 of the zoning ordinance of the Town of Yorklown and ruled, in any event, that no "practical difficulty" or exccpUoual physical condition" was shown to have been involved as cootemplated by section 552.02 of the zoning ordinance. The Town Attorney bas served an answer on behalf of the Board which seeks to defend the determination only upon the latter ground. The answer adnfits that the Board had power to grant the variance but denies that it refused it improperly. However, the intervenors-respondents urge as a separate defense that the Board did not have that power in that it xvould increase the non-cou- formity as prohibited by section 454 of the ordinance which reads as {ollows: "454. No~l-Conformity, Other Than Use: A building that is conforming in use but does not conform to the height, yard, or land coverage requirements of this Ordinance, shall not he considered to be non-conforming within thc meaning of Sec- tion 453. No permit shall be issued that will result in the in- crease of any non-conformity in beight, yard space or land Tile intervenors-respondents claim that the above is an absolute bar while tbe Town Attorney contends tbat the Board has power to vary or ~djust its application under section 552.02 which reads as follows: "552.02 Variance or Adjustment: Where the strict ap- plication of any of the requirements of this Ordinance in the case of an exceptionally irregular, narrow, shallow, or steep lot, or othei' exceptional physical conditions, as a resnlt of Whicl{ ' -%.. strict application would 'resuli in practical difficulty or tmneees- ~ ' 274 254 NEW YORK SUPPLEMENT, 2d SERIES 1. Zoning ~=~503 Zoning ordinance provisions prolfibiting issuaoce of lng in increase of any nonconformity in height, yard space, or land c erage and regarding building height and yard reqnirement did application to vary size of lot restriction. 2. Zoning ~495 Undersized parcel ~vitb other factors mlgbt constitnte physical condition" within ordinance allowing ~m'd of appeals to variance if strict application of ordinance reqnirements in case cep/ionally irregular, narrow, sballow, or steep lot or physical condition would result in practical difficulty or onnec bardslfip. See publication Words and Phrases for other judicial constructions and definitions. 3. Zoning ~493 Zoning ordinance provision that none of certain sections deemed to limit any po~ver of ~ard of appeals conferred by referred to Town Law provision generally empowering ~ard of a to vary or modify application of zoning ordinance in cases difficnlt[cs oe mmecessary hardships. Town Law, ~ 26V. 4. Zoning ~503 Zoning ordinance provisions allowing board of appeals variance in strlc~ application of ordinance in case of exceptional conditions and providing that certain ordbmnce provisions should bc deemed to limit power of board of appeals m~dcr general la~ read together with Town Law provisioo generally empowering appeals to vary or modify application of zoning ordinance, board to pass on area variances. Town Law, ~ 267. 5. gon~g ~503 Owners of bolne width was located oo 1.0Y6 acre parcel situat~ i two-acre zone and wlficb bad only one bedroom and no garage were titled to varim~cc to permit constrnction of another bedroom and a automobile garage. Town I.aw, ~ 2~7. Melvin Smith, Peekskill, for petitioners. Raymond J. Margles, Mohegan Lake, for respondents. Jobn M. O'Rourke, White Plains, for intervenors-respondents. JOSEPH F. GAGLIARDI, Justice. This is a special proceeding to review a determination of the Board of Appeals of tbe Town of Yorktown dated July bas denied petitioners' application for a variance to permit of an additional bedroom and a two-car garage on their premises. sary hardship that would deprive the owner of the reasonable use o£ tile land or building involved, but in no other case, the Board of Appeals shall have the power, upon appeal, to vary or adjust the strict application of the regulations or provisions o£ this Ordinance. No adjustment in the strict application of any provisions of this Ordinance shall be granted by the Board of Appeals unless it finds: "552.021 That there are special circumstances or condi- tions, fully described in the findings of the Board of Appeals, applying to the building or land for which the adjustment is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in tile neighborhood. "552.022 That, for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the particular application of the conditions of this Ordi- nance would deprive the applicant of the reasonable use of such land or building and the granting of the adjustment is necessary for tile reasonable use of the land or building, and that the ad- justment as granted by the Board is the minimum adjustment that will accomplish the purpose. "552.023 That the granting of the adjustmeut will be in harmony with the general purposes and intent of this Ordinance and of the Towu Development Plan, if such exists, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare." [1] The objection to the expansion of the building is not addressed to the one-family "use" but to the fact that petitioners' parcel is smaller than the 2 acres now required by the ordinance for construction in that zone. Hence, Pisicchio v. Board of Appeals of Village of Freeport, 165 Misc. 156, 300 N.Y.S. 368, and other cases involving an actual non-conforming "use" are not in point. However, it is also not suggested that the one-story randl dwelling violates the height requirements al- luded to in the above section 454. Moreover, the reference to "yard" and "land coverage" requirements is obviously made to section 446.4 of tile ordinance captioned "Building Height and Yard Requirements." Subdivision 446.41 thereof states the minimum distances a building must be from the various boundaries of the lot. Furthermore, subdivision 446.42 thereof establishes the rule as to "land coverage." It mandates, inter alia, that: "All buildings on any lot shall not cover in the aggregate a total of more than 10% of the lot area." Petitioners have not quested a variance such as requested in Matter of Cordes v. Moore, 308 N.Y. 761i 125 N.E.2d 112, of those provisions dictating the size of yards or the percentage of the lot covered by the existing or proposed structure. [ LIPPE v. OISTERNINO ? 9.77 Nor does the fact that the lot is undersized under one provision of the zoning ordinauce necessarily mean that the yards are, or will be, under- sized or that the building is, or will be, oversized under other provisions. In fact, such violations have neither been suggested nor refuted. Such issnes would arise either on an application to vary those requirements or upon the refusal of a building permit based on those requirements. As for this proceeding, section 454 and inferentially section 446.4 of the ordinance furnish no bar to this application to vary the size of lot re- strictions. [24] Intervenors further urge that petitioners have not shown that their lot is "exceptionally irregular, narrow, shallow, or steep" or that there is another "exceptional physical condition" within the meaning of section 552.02, supra. The conclusion is advanced that the Board is prohibited from issuing area variances. It may well be that an under- sized parcel with other factors constitutes an "exceptional physical con- dition.'' In addition, the provisions of section 552.02, supra, seem to mn contrary to section 552 which provides that: "none of the following sections shall be deemed to limit any of the power of the Board of Ap- peals that is conferred by general law." That is clearly a reference to section 267 of the Town Law generally empowering a Board of Appeals to va~, or modify the application of a zoning ordinance in cases of prac- tical difficulties or unnecessary hardships "so that the spirit of the or- dinance shall be observed, public safety and welfare secured and sub- stantial jnstice done." (SUM. 5) Certainly the above provisions of the zoning ordinance when read together with the Town Law empower the Board to pass upon area variances. Any other result would be anoma- lous. This Court does not have to determine whether the Town Board had the po~ver to limit the power of the Zoning Board of Appeals (See, Matter of Waldorf v. Coffey, 5 Misc.2d 80, 159 N.Y.S.2d 852) since the ordinance is not read as containing such a restriction. [5] That brings us to the merits of whether the Board's deter- ruination refusing the variance of the 2-acre zoning provision is justified. The factual question is whether petitioners' personal need for sleeping space for their daughter together with the present legal existence of only one bedroom and no garage so constitute "practical difficulty" as to re- quire issnance of a variance of the 2-acre zoning requirements with re- spect to tbose proposed improvements. Since no "use" variance is in- volved, tbere is no question of possible alteration of tim character of the neighborhood as in Matter of Otto v. Steinhilber, 282 N.Y. 71, 76, 24 N.E.2d 851, 853 (See, Matter of Village of Bronxville v. Francis, 1 A.D.2d 236, 150 N.Y.S.2d 906, affd. 1 N.Y.2d 839, 153 N.Y.S.2d 220, 135 N.E.2d 724). In Quaglio v. La Freneire, Sup., 203 N.¥.S.2d 968, it was alleged that the natural growth of petitioner's children and the addition of a mother-in-law can constitute "practical difficulty." The pleading was held sufficient in a proceeding to review a determination 278 254 NEW YOlt~ SUPPLEMENT, gd SEI~IES denying a variance of back yard requirements in connection with the proposed expansion of a home. It is true that the proceeding was subse- quently dismissed on the merits (211 N.Y.S.2d 239), but that was so because petitioner was actually able to construct an extension of satisfac- tory size witbout reducing the back yard to less than the amount pre- scribed by the ordinance. These petitioners are unable to add a foot to accommodate their daugbter or their antomobile without a variance. It is unreasonable from the economic or the social point of view to limit a home in a 2-acre residential zone in a suburban community to one bed- room and no garage. Therefore, the petition is granted and the deter- ruination is annulled. 44 Misc.2d 464 In the Matter of the ADOPTION of Melody Ann PAVI~O and Cheryl Lynn ravro, Minors under the Age of Fourteen (14) Years. Loren D. Lunderg~n and Patrlcia Ann Lnndergan, Husband and Wife, Petitioners; Robert Pavro, ttespondent. Family Court, Steuben County. Nov. 23, 1964. Adoption proceeding wherein father divorced on gronnd of adul- tery appeared and objected. Tim Family Court, County of Steuben, Al- ton J. Wightman, J'., held that second husband of divorced mother would not be allowed to adopt withont consent of tile father, who had not abandoned children. Petition disnfisscd; application denied. 1. Adoption Statutory provision to effect that where natural parent has been divorced by reason of adultery consent of that parent to adoption of tile child is not necessary cannot be literally and strictly construed, but dis- pensing with consent will depend ou other factors. Domestic Relations Law, § 111. 2. Adotgion ~ Burden of establishing parent's abandonment of child is on one petitioning for adoption, and abandonment must be establisbed by clear and convincing evidence. 3. Adoption ~7 Evidence established that father who had been divorced on ground of adultery and who opposed adoption of his childreu by mother's second' husb: for w 4. Ad~ childr fathe, § 111. Wil Lunde Frm father. AL'I Ro~ Cattar: band at cbildrei of thes and Ch Lunder. his adul 1962, s~ and are Favro b Tile ~ the mar; right of times at port. After gave Me snowsuit eation. t, able; that ti tl th but 1,000 an APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~OBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOI-D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 29, 1987 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, Esq. 12 First Street, Box 1330 Riverhead, NY 11901 Re: Appl. No. 3699 Edward and Barbara Betsch (Variances) Dear Ms. Cahalan: This letter is to confirm that pursuant to your request the above matter has been removed from the January 1988 Hearings Calendar and added to our February Hearings Calendar. After reviewing the file, we would suggest that since the project appears to fall within 75 feet of the shoreline, prohibited by Article XI, Section 100-119.2 of the Zoning Code, that you confirm as soon as possible, in writing, whet.her or not you wish to amend your application, and re-notice the abutting property owners. Also, please furnish us with the exact setbacks requested for the proposed construction from the nearest wetland grass or shoreline, whichever is closer. Please don't hesitate to call if you have questions con- cerning this matter. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk By Linda Kowalski ANTHONY B. TOHII.L, P. C~. December 28, 1987 Southold Town Board of Appeals Main Road State Road 25 Southold, New York 11971 Att: Linda Kowalski Re: Edward and Barbara Betsch. Dear Ms. Kowalski: Per our conversation on December 28, 1987, I am confirming that the above captioned application will appear on the February calendar, on February 11 or 18, 1988. Thank you for your assistance in this matter. LTC:pb cc: Edward and Barbara Betsch Ve[y truly y/o~, ~/ ~ Lyny Theresa Cahalan Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS' February 18, 1988 GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q . R o A . SERGE DOYEN, JR. ROBERT J, DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAW~CKI Notice of Determination of Non-Significance APPEAL NO.: 3699 PROJECT NAME: EDWARD AND BARBARA BETSCH This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quali~y Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse_effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Addition to dwelling with insufficient westerly sideyard setback and insufficient total sideyards LOCATION OF PROJECT: particularly known as: 31-17-15 Town of Southold, County of Suffolk, Rabbit Lane, East Marion~ NY REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short, form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is .landward of existing structures. FOR FURTHER INFOrmaTION, PLEASE CONTACT: Linda 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 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 RnAD- STATE ROAD 2~, Br'tUTl-,Ir'tLD, L.I., N.Y. 'llCJ'71 TELEPHONE (516) 765-1809 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 frae to call our office, 765-1809. Yours_ GERARD P. GOEHR~NGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 2, 1987 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ! !971 TELEPHONE (516) 765-1801 '%. TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3699 , application of Edward & Barbara Betsch 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. Judith T. Terry $outhold Town Clerk December 2, 1987 BY HAND Southold Town Zoning Board of Appeals Main Road State Road 25 Southold, New York 11971 Re: Application of Edward and Barbara Betsch Gentlemen: on behalf Ordinance Enclosed herein are the following documents submitted of the above applicants for a variance of Southold Zoning Article II, Section 100-31: 8. 9. 10. 11. 12. Notice of Disapproval; Application in triplicate; Notice to Adjoining Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; Copy of correspondence from New York State Department of Environmental Conservation; Copy of Certificate of Occupancy; Four prints of survey of subject property; Two copies of plans; Check for $150.00; Original Authorization of Owners; Deed into the owners. LTC:KR Thank you for your assistance in this matter. Very truly y~.~s, /~1 ~ Enclosures AUTHORIZATION ANTHONY B. TOHILL is hereby authorized by the undersigned to file applications for building permits, variances, certificates of occupancy, and the like, with the Building Department and the agencies of the Town of Southotd with respect to our premises situate at 625 Rabbit Lane, East Marion, New York, known as designated as Suffolk County Tax Map No. 1000-31-17-15. Dated: April 1, 1987 EDWARD F. BETSCH BARBARA BETSCH the Town Law and the Code of ~the ToWn- ~f Southold, the following hearings will be held "by' the SO~T~IOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSDAY, FEBRUARY 18. 1988 at the following times: 7:30 p.m. Appl. No. 3702- OLGA CORDES. Variances to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for approval of the proposed insufficient area and width of two parcels in this pen2/ ding division of land located at the south side of Sterling Road (Nassau Farms), Cutchogue, NY; County Tax Map District 1000, Section 104, Block 4, Lots 17 and 18. 7:35 p.m. AppL No. 3709- EDWARD AND ORTRUD , HANUS. Special Exception to the Zoning Ordinance, to ~ establish one new Accessory Apartment in the existing dwell- ing structure in accordance with the requirements of Article lIl, Section 100-30(B), subsection 15. Location of Property: 635 Lupton's Point Road, Mat- tituck, NY; County Tax Map District 1000, Section 115, Block 11, Lot 3. ~ ~ 7:40 p.m. Appl. No. 3699- EDWARD AND BARBARA BETSCH. Variances to the Zon- ing Ordinance, Article III, Sec- tion 100-31, Bulk Schedule, for permission to construct addi- tion(s) to dwelling ~ith an insuf- ficient westerly sideyard setback Pa7 and insufficient total sideyards. Location of Property: North Side of Rabbit Lane, East Marion, NY; County Tax Map rcel No. 1000-31-17-15. / :45 p.m. AppL No. 3607- JAMES O'NEILL AND PETER M c. SHERRY. Variances to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of insufficient area,/~-' width and depth of two propos- ed parcels, each with an existing dwelling, located at the corner of the N/s Wiggins Street and the W/s Eighth Street, Green- port, NY; Map of S. Buel Cor- win (1885) Lots 28 and 29; County Tax Map District 1000, Section 48, Block I, Lot 22. 7:55 p. in. TARTAN OIL CORP.: (a) AppL No. 3633- Special Exception under Article VII, Section 100-70(B) of the Zoning Code for approval of the establishment of a partial serf- service gasoline station; and (b) Appl. No. 3636- Variance to the Zoning Ordinance., Ar- ticl~ VI, Section 100-62(B), Ar5 fi STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for / ........................... weeks ii Sworn to before me this /// ... day of ...... ...... , ..... ticle VII, Section 100-70(B), for an lmerpretation of~ "retail shopping cdnter" and for per- mission to establish convenience store as an accessory to the ex- isting gasoline-service station. Location of Property: South Side of Main Road, West Side of Maratooka Lane, and East Side of Sunset Avenue, Mat- tituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 9. Zone District: "B-I" General Business. 8:05 p.m. Appl. No. 3701- CHARLES ZAHRA. Applica- tion under Article XIV, Section 142 of the Zoning Code for a Reversal of Determination of Bqilding Inspector in Revocation of Building Permit No. 15428Z issued October 27, 1986. Location of Property: 140 Pike Street, Mattituck, NY; County Tax Map District 1000, Section 141, Block 4, Lot 5. Zone District: "B-I" General Business. The Board of Appeals will hear at said time and place all persons or representatives de~i~-- lng 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: February 2, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN '. ' - .~ Linda Kowalski, , Board Secretary IT-2/11/88(5l Notary Public BAR~ARA FORBES Notary Pub!it, State of New York No. 4806848 Qualified in Su££oik County Commission Expires ~ ~/ 19 g/~ NOTICE OF 14~AIO~ ~ NOTICE IS HEREBY GIVEN, ImrSuant to Section 267 of the Town Law and the Code of the Town of Sonthold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the S~thold Town Hall, Main Road, Southold, New york, on THURSDAY, FEBRUARY 18, 198~ at the following times: 7:30 p.m. AppL No. 3702 -- OLGA CORDES. Variances to the Zoning O~linance, Article I~ Sec- lion 100-31, Bulk Schedule, for l~oval of the proposed insufficient a~a and width of two parcels in this pending division uf land located at the south side of Sterling Road (Nassau Farms), Cntchogae, NY: Coenty T~x Block 4, Lnts 17 and IS. 7:35 p.m. Appt. No. 3709 -- EDWARD AND ORTRUD HA- NUS. Special Excep6on to the ~ O~ismnce. to mtablish ~me n~w Ac- lion 100-30(B), subsection 15. Loca- B~'FSCH. to ~e Z~g ~ ~aeBoar~ of Ordinance, A~cle ~, Seai~. 1~- ] ~ ~e ~d Ph~ nH ~s or ~s~ addiSon(s) to d~e~ng wi~ / ~ea~ ma~' ~ bear' /~it ~e, ~st Mafi~, ~; ~ h~g. For mo~ ~o~a- BY ORD~ OF ~ SO~O~ ~ BO~D OF APP~ G~ P. ~G~, CHA~AN 7:45 p~n. Appl. No. 3607 -- JAMES O'NEILL and PETER McSHERRY. Variances to the Z~- lng Ordinance, Anicin HI, Section 100-31, Bulk Schedule, for approval of insufllclent ama, width and depth d two proposed parcels, each with m existing dwe~ing, located at the cor- ner of the N/s Wiggins Street and the W/s Eighth Street, Gmenpen, NY; Mapuf S. Buel Convin (1885) Lois 28 and 29; County Tax Map Disuict 1000, Section 48, Block 1, Lei 22. 7:55 p.m. TARTAN OIL CORP.: (a) AppL No. 3633 -- Special Exception under Asticle VII, Section 100-70(B) of the Zoning Cede for approval of the establishment of a per- rial self-sen4ce gasoline station, and ih) At'pl, No. 3636 -- Variance to the Zating Ordinance, Aaiclcs VI, Section 100-62(B), Article VII, Sec- lion 100-70(B), for m Interpgetation of "~entil shopping center" and permission to establish convenience sto~ as an accessory to the existing gasoline-service station. Location of property: South Side of Main Road, West gid, of Marratooka Lane, and East Side of Sunset Avenue, Mattituck, NY; County T~x Map District 1000, Sec- fen 115, Block 3, Lo* 9. Zone District: "B-I" General Business. 8.'05 p,m. Appl. No. 3701 -- CHARLES ZAItRA. Application trader Article X1V, Sectic~ 142 of the Zoning Code for a Reversal of Det~r- ruination of Building Inspector in his Revocation of Building Permit #15428Z iss~.d October 27, 1986, Location of Property: 140 Pike Street, Maditack, NY; County Tax Map Disuict 1000, Section 141, Blcck 4, Lot 5. Zone District: "B-I" General Business. STATE OF NEW YORK } } SS: COUNTY OF SUFFOLK ) Chri =~-i na Crmt~nea ._ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for _L weeks successively, commencing on the _ ].~L day of __ ..Eeh}~-~r~- _ 19J~iL_ Principal Clerk sworn to 'his // day of __ -('~- ~ -~,,~.~¥ K Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. 1~71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHR~NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKi 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 free to 'call our office, 765-1809. Yours very t~l~., .. ~ G'~RARD P. GOEHR[NGER ~/ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or' the Petition of EDWARD F. a BARBARA K. BETSCH to the Board of Appeals of the Town of Southold TO: See attached NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i! is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (S~b~[~i~<~iq}lJ{~) (9~t~]~1:4a~.rd{~() (:]1~[~'~ [circle choice] I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 625 Rabbit Lane, East Marion, New York 3. That the property which is the subject of such Petition is located in the following zoning district: A - Residential and Aqricultural 4. That by such Petition, the undersigned will request the following relief: Permission to build additions to existing dwelling as indicated on attached copy of building plan. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100-31 [ ] Section 280-A, New York Town Law for approval of access over rtght(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? Office at Main Road, Southold, New York and you ma), then and there examine the same during regular off, ce hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the'date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November ~O. 1987 . Anthony B. Tohillr P.C. Petitioner Owners ' Names: ~.dward F. &Barbara K. Post Office Address P.O. Box 1330, 3.2 First Street Riverhead, New York 11901 Tel. No. ( 516 ) 727-8383 Bets( [Copy of sketch or plan showtng proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Town of Southold SCTM #1000-031.00-17.00-001.000 Virginia McLave Gray SCTM #1000-031.00-17.00-014.00 George J. and Barbara J. Koch, SCTM #1000-031.00-17.00-016.00 16 South Street Greenport, NY 11944 31 Hillside Avenue Hastings-On-Hudson, NY Jr. Mt. Beulah Avenue Southold, NY 11971 STATE OF NEWYORK ) COUNTY OF SUFFOLK) Linda Single ' , , . . . 0re~id|ngat Hampton Ba. ys, "New York , being duly swo~'n, deposes and says that on the ~0~'~ day of ~[}~C~L,r~JO~A__ .i9 87 , 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 Soulhold; that said Notices were mailed at the United States Post Of- fice at Riverhead t New York ; that said Notices were mailed to each of said persons by (certified) (~q~ed:~mail. As well as a copy of proposed plans. Sworn to before me this --~-) ' day of ~:~L,_, 19 87 Notary Public KAlldLEEN RUPP Hot.~y Publio S~e ~ N~ Y~ ~0. 4~- ~ Linda ~ (This side does not have' to be completed on pcoperty owners.) form transmitted to adjoining Adjacent Property Owners: Town of Southold SCTM #1000-031.00-17.00-001.000 16 South Street Greenport, NY 11944 Virginia McLave Gray SCTM #1000-031.00-17.00-014.00 31 Hillside Avenue Hastings-On-Hudson, NY George J. and Barbara J. Koch, Jr. SCTM #1000-031.00-17.00-016.00 Mt. Beulah Avenue Southold, NY 11971 CTIC ~ 8408- 05031 1000 o31.oo 017.00 I CONIULT YOUR LAW'YIn II~OIlI Ilia THIS INSIST'THIS INSTRUMINT SH0(JLD II mm IY LAWYIRI ONLY. THIS HtDENTURE, made the / l/'~day of March , nineteen hu~tred and Eighty-five, BgT~T~.N JOAN K. BROWN, residing at (no number) Circle Drive, Jamesport, New york 11947, party ef the first pan, smd EDWARD F. BETSCH and BARBARA K. BETSCH, his wife, both residing at 59-14 69th Lane, Maspeth, New York 11378, ~lR ~ 2 1985 ' ? TAX ....... T~ AND 00/100 ($10.00) ........... ~o][~, interest of the party of the first part in amd to lying and b~ng in the To~ of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follow~: BEGINNING at a point on the northwesterly side of Rabbit Lane at the southwest corner of the herein described premises where the same is intersected by the northeasterly side of land now or formerly of Virginia McLave Gray, said point also being distant 601.95 feet northeasterly as measured along the northwesterly side of Rabbit Lane from the corner formed by the intersection of the northwesterly side of Rabbit Lane with the northeasterly side of Bay Avenue; RUNNING TMENCE from said point of beginning along land now or formerly of Virginia HcLave Gray, North 34 degrees 12 minutes 40 seconds West 171.60 feet more or less to the mean high water mark of Marion Lake; RUI~ING TMENCE along the mean high water mark of Marion Lake as it winds in a northeasterly direction 45 feet more or less to land now or formerly of Rackett; RUNNING TH~CE along said land, South 34 degrees 12 minutes 40 Rabbit Lane; i) South 51 degrees 24 minutes 50 seconds West 21.78 feet; 2) South 46 degrees 59 minutes 50 seconds West 23.90 feet to point or place of Beginning. TOGETHER with a Right of Way over the following described BEGINNING at a point on the southeasterly side of Rabbit Lane of Mooney, said point also being distant 501.58 feet northeasterly -Continued- Description Continued: as measured along the southeasterly side of Rabbit Lane from the corner formed by the intersection of the southeasterly side of Rabbit Lane with the northeasterly side of Bay Avenue; RUNNING THENCE from said point of beginning along the southeaster side of Rabbit Lane, North 46 degrees 59 minutes 50 seconds East 8 fee to land now or formerly of Kohl; RUNNING THENCE along said land, Sou~h 34 degrees 12 minutes 40 seconds East 100 feet more or less to the moan high water line of Gardiuers Bay; RUNNING TF~CE sout/~westerly along the mean high water line of Gardiners Bay as it winds and turns 8 feet to land now or formerly of Mooney; RUNNING THENCE along said land, North 34 degrees 12 minutes 40 seconds West 100 feet more or less to the southeasterly side of Rabbit Lane at the point or place of beginning. TOGETHER with a Right of Way over the following deseriged panel: BEGINNING at a point on t_he southeasterly side of Rabbit Lane at ~he northwest corner of the herein described premises where the same i: intersected by the northeasterly s ida of land now or formerly of Rackett~ said point also being distant 652.79 feet northeasterly as measured along the southeasterly side of Rabbit Lane from the corner formed by the intersection of the southeasterly side of Rabbit Lane with the northeasterly side of Bay Avenue; RUNNING THENCE from said point of beginning along the southeast- erly side of Rabbit Lane North 51 degrees 24 minutes 50 seconds East 10.08 feet to land now or formerly of Frizzi; RUNNING THENCE along said land, South 30 degrees 34 minutes 20 seconds East 99.74 feet to the mean high water line of Gardiners Bay; RUNNING THENCE southwesterly along the mean high water line of Gardiners Bay as it winds and turns 10 feet to land now or formerly of Rackett; Rb"NNING THENCE along said land, North 30 degrees 34 minutes 20 seconds West 99 feet mere or less to the southeasterly side of Rabbit Lane at the point or place of Beginning. BEING AND INTENDED TO BE the same premises described in deeds recorded in Liber 2372 of Deeds at page 201 and Liber 2408 of Deeds at page 272. RESERVING, however, to the party of the first part, her heirs, legal representatives and assigns, the right of first refusal to repurchase said premises for a period of ten years from the date hereof, for a price at which the parties of the second part shall decide to offer said premises for sale. Sumh offer shall be in writing and shall be sent to the party of the first part by certified mail, return receipt, and the party of the first part shall have thirty days thereafter in which to accept such offer. (Joan K. grown) (L.S.) to me known, who, being by me duly sworn, did depose and On the day of 19 , before me personally ~e to me know'n, who, being by me duly sworn, did depose and · ay that he resides at No. that he is the of , the corporation described in mad which executed the fo~going instrument; that he knows the seal of said carporation; that the sea] affixed affixed by order of the board of directors of s~id corpora- tion, Md that hc sig~ed h aame thereto by like order. ~rI I H Cov ENA N~ AGAINST GRANTOR ~ AC] 5 TITL~ NO. CTIC ~8408-05013 JO~ K. BR~ TO ~ F. BETS~ ~d B~ K. BETSY, h~s w~fe SECT,OS 031.00 BLOCK 017.00 LoT 015. 000 COUNTY O~ TOWN Suffolk, Southold. THIS lNDENTURF.., made the 16th dayof May , nineteen hundred and Eighty-six BETWEEN GEORGE ;~. KOCH, JR. and BARBARA J. KOCH, his wife, both residing at Mt. Beulah Avenue, Southold, New York 11971 party 0f the first pa~. and EDWARD BETSCH , Maspeth, New York 11378 residing at 59-14 69th Lane, party of the second part, WITNF-..SSETH, that the party of the first part, in considemtlon of TEN and 00 / 100 ($10.00) .................................................... dollars, hwful money of the United States, paid by the pan'y 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, lyingandbein~inthe Town of Southold, County of Suffolk and State of New York, bounded and describedtas follows: 5004 BEGINNING at a point on the northerly side of Rabbit Lane (a 16 foot roadway) distant 647.63 feet easterly ~rom the corner formed by the intersection of the northerly side of Rabbit Lane with the easterly side of Bay Avenue; RUNNING THENCE North 34 degrees 12 minutes 40 seconds West, along la~ds now or formerly of Barbara Betsch, 161.29 feet to the shore- line of Marion Lake, as of June 22, 1985; THENCE North 59 degrees 52 minutes 20 seconds East, generally along said shoreline, 37.68 feet to lands now or formerly of -~eorge Wallis; THENCE South 34 degree~ 12 minutes 40"~conds East, along said land of Wallis, 155.73 feet to the northerly side of Rabbit Lane_ THENCE South 51 degrees 24 minutes 50 seconds West, along-the northerly side of Rabbit Lane, 37.70 feet to the point of place of BEGINNING. TOGETHER with the benefits and SUBJECT to the burdens of a Right of Way over a 16 foot roadway (Rabbit Lane) from the easterly line of the premises to Bay Avenge. TOGETHER with all right, title and interest of the party of the first part, if any, of, in, and to the land under the waters of Marion Lake abutting the premises. ~ BEING AND INTENDED TO BE the same premises described and conveyed as Parcel II in deed to the grantors herein dated June 19, 1985 and recorded July 8, 1985 in the Suffolk County Clerk's Office in Liber 9826 Cp. 50, however, excluding any and all rights of way to Peconic Bay. The above described premises are not encumbered by a credit 'line mortgage. -J'ULIETE A. KINS[.LLA FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate O[ Occupancy Z16025 Date August ~{ ~87 THIS CERTIFIES that the building . .~9~.~. b~q~9.,..9~9~.,..~...de.qk...........additi°n' · ty/~g~s~'}~o.6..2.5. Rabbit Lane East Marion Locatton of Proper ....... Street ....... Hamlet County Tax Map No. 1000 Section ....... .3.1...Block ...... 17 .Lot 15 .X. ~ dM pN X Subdivision .............................. File a o ...... X...Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in tiffs office dated June 18, .1.~86. pursuant to wlfich Building Permit No. 15034Z dated ..... JUD. . ......... was issued, and con~rms to aH of the requirements of the applicable provisions of the law. ~e occupancy ~r wlffcb this certificate is issued is ......... Raising of house, 5X7 addition,and deck addi}i?n in rear of house. The certificate is issued to ............ SDWAI~D. F.... *,. I~AR. IkA.RA..K.....B.E.T .S .C.H.... ......... (owner, ~7~gqfoXX~PX of the aforesaid building. Suffolk County Department of Health Approval ................ R/.A ...................... UNDERWRITERS CERTIFICATE NO ........................ ~/.A ...................... PLUMBERS CERTIFICATION DATED: N/A 1181 N~? YOPJ[ ~TATE DEPAP.~.n~ OF ~IVI?~,~AL CONSERVATIOll ~e~ulator~ Affairs Unit ~ldg. i0, S~--Ro~ 219 Stony ~rook, I~ 11794 (516) 751-7900 .K ?~ore than 100~ fro~ Freshwater ~etlsnds. The Freshwater ~-~etlands present are tentativel~ mappe~ as less than 12.4 acres and have not been desi,uated by the State as havin~ unusual local i~portance at this ti~e so are not currently regulated by NYS~EC. The wetlands present are Tidal and it appears that you need to apply for a Tidal ~etland Permit. Therefore, no permit under Article 24 (Freshwater l~etlands) of the Enviror~ntal Conservation Law is required. Very truly yours, C'L'H:DDR:Cot8 mission of t. hlsl~llorm, and ,~ erlvtron.,e~ made b.y this bog~d before any actio~ is ~¥ieW will be .S~?~RT ~'NVI~Of2.'.ENTAL A~S.-S..~.IT .... 4 (a) In order to answer the questions in this ~hort £AF is ia as~ed that the preparer will use ccrrently available lnfoI-r.%tion concerning the ~roJect and l~kel~ l~pacte of the action, It is not ex=petted that additional 35udl~ (b) If any qued%ion hm~ been answered Yes the project ~y be sl~lfican: and a ~cnple%ed Enviro~en%al A~es~m~n% Fo~ i~ to the project site or physically alter more t~%n 10 acres of land? · · ...... Yes . 2. Will there be a major change to any ~ique or unusual lan~ fo~m fo~ on the site? · , ..... Yes, 3. W~i project alter or have a large effect on an existing body of water? · · · , . . . , Yes__~No &. W~I project have a potentially large ~ on ~o,~dwater quality? . , . . . . . . . Yes 5, W~i project si~iflcan%ly effect drayage ~ on ad,scent sites? . . . . . . . . Yes 6. Will project affect any t~eatened or endangered plant or an~al species? . . . , .... Yes 7. W~l project reset in a major adversa effect on 8, W~I project have u major effect on visual kno~ to be ~portant to the community? , , . , , , Yes., 9. Will project adversely ~pact any sl:e or ute of his~oric, pre-historic~ or paleon:ologlcal importance or any sits desi~azed as a critical enviro~en~l area by a loca~ agency? . . . Yes ~ No 10. W~I project have a ~Jor effect on exist~g or future recreational oppor%~itica~ . . . Yes ,, No 11. Will project result in ~jor traffic problems or cause a major effect to existing ~ranspor:ation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical di~tur~ ante as a re~t of the project's operation? . 13, Will project have any impact on ~ub].lc health or 1~. Will project Affect the e~lstin~ co.unity by directly causing a ~rowth in permanent pop~a- period or have a ma~or negative effect oa cnaracte~ of the community or aex~n~or~oo~. · Yes /No ~~ :~~, TITLE: Owner Edward F.&Barbara[. B~s~TS: November 20¢ 1987 PRSPARrR' 3 SIGUATt,~E: ~UESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours seaward of area under construction? Yes No a~o ,h~e ,nv areas which contain wetland orasses? (Attached is a list of the wetland grasses deTlneo Dy Yes No Town Cod~, Ch~ 97 for your reference ) --- 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No 4. Are the~e any existing or proposed fences, concrete barriers, decks, etc? Yes No If project is proposed for an accessory building or structure, is total height at more than 18 feet above ~/A average ground level? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average groOnd~l? State total: ft. ~0 Are there o~er premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No Yes No Are there any building permits pending on this parcel (o~ abutting land under ~our ownership, if any)? Yes No State Permit # and Nature: -- 10. Il. 12~ 13. Do state whether or not applications are pending concerning these premises before any other department or agency (St. ate, Town, County, Village, etc.): Planning Board Yes _~ Town Board Yes No Town Trostees Yes County Health Department Yes Village of Greenport Yes N.Y.S.D.E.C.' ' Yes No Other Yes Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of'sale (from contract). Yes N__o Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No If new construction is proposed in an area within 75 feet of wetland grasses, or land area at aa 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 Yes No the requirements of Ch. 97 of the Town Code? Please list present use or operations conducted upon the subject property at this time s, ingle family residence and proposed same I certify that the above statements are true and are bei. ng submitted reliance b~, the Board of Appeals in considering my.application. · Signature (~~:(~x~) (Authorized Agent) Anthony B. Tohill for 3/87 1 k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou(hold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976; 3-2(i- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally covered or intermittently cow ered with, or which border on, tidal waters, or lands lying beneath tidal waters, whicb at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including' but not limited to banks, .bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subj6~t to tidal action; (2) All banks, bogs, meadows, fiats anti tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sca lavender, tail eordgrass, high bush, cattails, groundsel, marshmallow and march cordgrass; and/or (3) All land immediately adjacent to a tkkfl xvetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet hmdward of the m.~t hmdward edge of such a tidal wetland. B. FRESIIWATER WETLANDS: (1) "Freslnvater wetlands" its defined in Article 2.1, Ti- tle 1, § 2,1-0107, Subdivisions 1(a) to l(d) inclusive, of the Enviromnental ConserCation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- Jand," as defined in Subsection B(I) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetlaod." 9705 MARION Properly T¢~x Service Agenc