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HomeMy WebLinkAbout3791 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCKI JAMES DINIZIO, JR. Southold Town Board of Appeals h4AIN ROAD- -~TAT£ ROAD 25 SOUTHOLD, L.I., N.Y. '1'1c3'7'1 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Application of JAMES H. BERGERON for a Variance to the Zoning Ordinance, Article III, Section 100-30A(1) and Article XI, Section 100-118 for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. WHEREAS, a public hearing was held on December 8, 1988 in the Matter of the Application of JAMES H. BERGERON under Appeal No. 3791; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a corner lot with frontage along the east side of Bay Avenue and the north side of Riley Avenue in the Hamlet of Mattituck, Town of Southold, is shown on the "Map of George H., William T. and D.T. Riley" as Lot No. 4, and is identified on the Suffolk County Tax Maps as District 1000, Section 143, Block 4, Lot 29. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total area of approximately 15,350 sq. ft., And is shown on the September 21, 1988 survey map prepared by Young & Young to be improved with the following structures, all located at the easterly section of the premises: (a) single-family, one-story frame house; Page 2 - ~ppl..No. 3791 Matter of JAMES H. BERGERON Decision Rendered December 16, 1988 (b) accessory frame, storage garage structure; (c) single-family, one-story frame house. 3. By this application, Appellant requests permission to construct new single-family dwelling and remove an existing dwelling, all as depicted on the above-mentioned survey map. 4. For the record it is noted that Certificate of Occupancy of Nonconforming Premises #Z15908 was issued July 2, 1987 for the premises and existing buildings. 5. Article III, Section 100-30(A){1} of the Zoning Code provides for one single-family dwelling use in this Residential and Agricultural Zone District. 6. In considering this appeal, the Board finds and determines: (a) the relief requested is not unreasonable under the circumstances; (b) the difficulties claimed are sufficient to warrant the conditional grant of this variance; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the circumstances are unique to the property and are not personal in nature; (e) the granting of the relief, as conditionally noted, is within the spirit and intent of the zoning code; (f) in view of the manner in which the difficulties arose, and in view of all the above factors, the interests of justice will be served by granting the relief requested, and as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3791 in the Matter of JAMES H. BERGERON for permission to construct new single-family dwelling structure and remove existing nonconforming single-family dwelling structure, all as shown on the Survey Map prepared by Young & Young dated September 21, 1988, SUBJECT TO THE FOLLOWING CONDITIONS: · ~Page 3 - Appeal No. 3791 Matter of JAMES H. BERGERON Decision Rendered December 16, 1988 1. Proper permits are issued for the construction (or reconstruction) of a single-family dwelling (in accordance with all applicable rules and regulations pertaining to a principal single-family structure); 2. This variance is granted for a period of 12 months from the date of issuance of the Building Permit referred above, and will be allowed one extension at the discretion of the Board of Appeals, (if necessary); 3. The existing seasonal single-family dwelling must be removed within 90 days; in no event will the occupancy of more than two dwelling structures be permitted upon the entire site at one time; 4. No Certificate of Occupancy shall be issued until the existing nonconforming (seasonal) dwelling structure is entirely removed from the premises. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. (Absent was Member Doyen, due to serious family illness.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN Cthk~ DATE HOUR APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Town Board of Appeals MAIN ROAD- BTATE: ROAD 2~, :::OUTHIZ)LD, L.I., N.Y. 11~?1 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, DECEMBER 8, 1988 at the following times: 7:30 p.m. Appl. No. 3803 - JAMES AND PHILOMEMA MONICA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42; County Tax Map District 1000, Section 88, Block 4, Lot 31. 7:35 p.m. Appl. No. 3792 - NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot ~135; County Tax Map District 1000, Section 21, Block 5, Lot 5. Page 2 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals Appl. No. 3791 - JAMES H. BERGERON. Variance to the Zoning Ordinance, Article III, Section 100-30A[1) and Article XI, Section 100-118, for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. Applo No. 3795 - PETER AND DOROTHY MICCICHEo Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road ~12, Southold, NY; County Tax Map District 1000, Section 78, Block 6r Lot 4.1. 7:45 p.m. Appl. No. 3793 - JAMES AND STELLA MANOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to rebuild deck structure with 30+- sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond° Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Page 3 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals Block 5, Lot 2.2; also known as Lot ~4 on the Minor Subdivision Map for Philip Druhl, P.B. File ~22, endorsed March 24, 1970. 7:50 p.m. Appl. No. 3804 - ELLEN BLACK GUYTON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-118, for permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. 7:55 p.m. Appl. No. 3794 - JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bank along the Long Island Sound. Southold~ NY; 01, Lot 22.1. Location of Property: 18565 Soundview Avenue, County Tax Map District 1000, Section 51, Block Page 4 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:00 p.m. Appl. No. 3734 - KATHRYN FLEET. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth, of two proposed parcels in this pending division of land. Location of Property: Road, Cutchog~e, NY; Block 11, Lot 19.1. North (Northwest) Side of Old Pasture County Tax Map District 1000, Section 103, 8:05 p.m. Appl. No. 3780 - ARMANDO CAPPA. Variance to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect ground sign, advertising off-premises business ("Ciecilino," Fine Italian Dining). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000~ Section 56, Block 6, Lot 11.1. 8:10 p.m. Appl. No. 3805 - PAUL AND MARGARET KAYSERo Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 - Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Private Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. (b) Appl. No. 3799 - Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to construct principal building for use as a poolhouse/cabana, accessory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. Page 6 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI. Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+-acre parcel. Zone District: "C-i" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 08~, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC. Variance to the Zoning Ordinance, Article XI, Section 100-119 and Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient rearyard setback on a lot which has frontage along three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Please publish the above Legal Notice on or before December 1, 1988 and forward one Affidavit of Publication together with your voucher on or before December 6, 1988. Thank you. FORM NO, 3 TOSVN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ...~ug.u.s.;. 2 ................ 19..8.8.. 14 Birch Hill Drive Poughkeepsie, New York ]2603 PLEASE TAKE NOTICE that your application dated ...J,u. 1. y..2.5. ~ ............... 1_9.. 8..8. for permit to const..r.u.c.t...a. 9.n.a...F.a.m.i.l.y..D?.e..1.1.i.n.g ............................. at Location of Property .1.8.5...R.i.l.e.y...Ay.e.n..u.e ........ Matt ituck, New York ~l~se IVo. Street Ham/er County Tax Map No. 1000 Section ...1.4.3. ........ Block ...4. .......... Lot .... 2..9 ........ Subdivision ................. Filed Map No ................. Lot No ...... ' is returned herewith and disapproved on the following grounds ...uAd. e..r. Ar. r..i 9.17...I.I.I. ........ .S.e.c.t.~on 100-30, A (1) permitted use, One family detached dwellings, not to exceed one dwelling on each lot. ..... Buil~n¢~¢e~lor RV 1/80 //: OCT 12 1988 APPEAL FROM DECISION OF BUILDING INSPECTOR TOWN OF SouTHOLD, NEW' YORK TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appello,nt Street and Number Poughkeepsie N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (.) (X) Name of Applicant for permit of 14 Birch Hill Drive Poughkeepsie, New York Street and Number Municipality State PERMIT TO USE -PERMIT FOR OCCUPANCY PER}4IT TO construct a One Family Dwelling 1. LOCATION OF THE PROPERTY ~Z.`8.~.5.~.~.Z.~.e.~/..~.A..~.e...~"u..e.~.~;~.8."t..t.~-.'t`.u...c.~.~N.~.~. ............... Street /Hamlet / Use District on Zoning Map 'Distric¢ 1000 SectiOn 145Block 4 LOt 29 x . .................................................................................. current Owner James ~. Berger0~ Map No. Lot No. Prior 0~ner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-30, A (1) 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York TOwn Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsedi06 3 ..... :.! i'r~, ~ ( ) 4. ~EVIOUS APPEAL A previous .appegl (Ij[~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a spe~;ial permit -- - ¢-'~ ': {':" : '--'~]z::' '" ( ) request for a variance and was made in Appeal No ................................. Dated ...................................... t ....... ~ ....................... REASON FOR APPEAL (. ) A Variance to Section 280A Subsection 3 ~) A Variance to the Zoning Ordinance ) ~s requested for the reason that the proposed new ozte family dwelling will replace one of two existin~ one {amily dwellings. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~y HARDSHIP because it would cause the destruction of two existing one family dwellings for the construction of one. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because ~; a) all'properties are undersized, per Article III, Section 100-30. there are other lots in the area with more than one dwelling on each lot. .~ 3. The Variance would observe th~ spirit of the Ordinance ond WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because a) the house's design is in harmony with the district. b) the resulting two one family dwellings would be so situated as to better proportion the use of the lot. c) there would be fewer conflicts with the current ZoningOrdinance, with most building setbacks being met for the new one family dwelling. d] there Would be complete compliance with the current health codes, versus a questionably healthful situation with the current dwellings. 5TATEOF NEW YORK )) ss ~ COUNTY OF ) Signature ,.~J Sworn to this .~..~..~..~J. .....~.~.~...~.. day ............ ~ .................................. 19 JONN M. SOUZA No,fy ~Jblic, State of New York Certificate F~ed in New York ~un~ 8mnm~ss~on Expires ~/,~ ~ , PROPERTY RECORD CAR' owNJ~R FORMER OWNER STREET VILLAGE DISTRICT SUB. ACREAGE RES. LAND SEAS. IMP. VL. FARM TOTAL DATE LOT W TYPE OF BUILDING COMM· IND. J CB. ,I MISC. Est. Mkt. Value REMARKS AGE BUILDING CONDITION NEW NOR~MAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushlond House Plot Total BULKHEAD DOCK Foundation BaSement Ext. Wa/is Fire Place Patio Driveway Porch Porch Beth Floors Interior Finish Heat Roof Type Rooms Jst Floor Rooms 2nd Floor D~rm e~r. ! Extension ~ ~ / Extension Extension Breezeway Foundation Basement Ext. Woils Fire Place '~) )t/"), .>- Porch Porch Both Floors Interior Finish Heat Roof Type Rooms 1st Floor Patio Rooms 2nd Floor Driveway -Dormer ,JAMES H. BERGERON YOUNG S YOUNG Southold Town Board of Appeals Main Road - State Road~.J~ Southold~ I_.I.~ New York 11971 14 Birch Hill Poughkeepsie, 12603 Drive N.Y. October 6, 1988 .~uu]ect: Board of Appeals Variance Request Reference: I) Enclosed Check for Appeal Processing 2) Enclosed Certificate of Occupancy Dear Gentlemen, Enclosed please find a check for $150 to cover your charge for processing my variance request. Also enclosed is a copy of the current Certificate of Occupancy for Non- Conforming Premises related to my property at Riley Avenue. It should be included in my appeal package submitted to you on September ~= I~o APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H, SAWlCKI Southold Town Board of Appeals MAIN RnAD- ~JTATE RnAD 25 5nUTHI-ILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 October 6, 1988 Mr. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Re: Application for Variance New Dwelling Dear Mr. Bergeron: We are in recipt of the above application for a variance. Pursuant to our telephone call earlier last week, we are unable to'file the application or proceed until we are in receipt of the following: $150 filing fee check (made payable to Town of Southold) copies of any certificates of occupancy or pre certificates of occupancy concerning all the buildings and the land of record. Please do not hesitate to call our office if you have any questions. Very truly yours, tm GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski DEPARTMENT OF PLANNING PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING January 3, 1989 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 Com~nission 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) ~James H. Bergeron Peter & Dorothy Micciche Victor E. Catalano Victor E. Catalano Ellen Black Guyton Mohring Enterprises Municipal File Number(s) 3791 3795 3799 3800 3804 3807 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L,L. NEW YORK 1178B (516) 360-5192 Southold Town Board of Appeals Iv'lAIN ROAD-STATE RnAD 25 ' SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765~1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSE.H Rb~AW.~C .m James nlzlo, Jr. Pursuant to Board of Appeals the following to Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: .. Variance from the Zoning Code, Articleizi , Section 100-30A Article XI, Section 100-118 Variance from Determination of SouthOld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3791 Applicant: James H. Bergeron Location of Affected Land: 185 Riley Avenue, Mattituck, NY County Tax Map Item No.: 1000-143-4-29 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) x State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is non conforming dwelling. requesting permission to rebuild existing Land Channel Channel Copies of Town file and related documents enclosed for your review. Dated: December ~, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR, JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals I~AIN RI-lAD- STATE RI-IA[~ TELEPHONE (516) 765-1809 December 28, 1988 Mr. and Mrs. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Re: Appeal No. 3791 - Variance Dear Mr. and Mrs. Bergeron: Transmitted herewith for your perusal and file is a copy of the determination rendered by the Board of Appeals at our December 16, 1988 Special Meeting. Please be sure to return to the Building Department and any other agency which may have jurisdiction for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to the Building Department Office to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN . / L~/B~ Linda~Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, I_.1., N.Y. 11971 TELEPHONE (616) 765-1809 APPEALS BOARD December 8, 1988 MEMBERS GERARD P, GOEHRINGER, CHAIRMAN .S · E · Q · R . A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION 30SEPHH.$AWlCK[ Notice of Determination of Non-Significance James Dinizio, Jr. APPEAL NO.: 3791 PROJECT NAME: James Bergeron This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simil&r project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Permission to rebuild existing nonconforming single-family dwelling LOCATION OF PROJECT: particularly knQwn as: 185 1000-143-4-29 Town of Southold, County of, Suffolk, Riley'Ave., Matt~tuck, NY more 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) This project does not create increased density having been developed previously.* FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }[all Southold, NY 11971; tel 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. * (3) Information'has been submitted by applicant or his agent indicating that the project will not involve the distu.rbance of wetlands grasses or areas subject to flooding which may be considered wetlands. NOTICE OF HEARINGS ' NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall; Main Road, Southold, NY 11971, on THURSDAY~ DECEMBER 8, 1988. at the following tim?s: ' 7:30 p.m. Appl. No. 3803-- JAMES AND PHILOMENA MONICA. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31, Bulk Schedule, for approval of deck with an insuf- ficient rearyard setback. Loca- tion of Property: 545 Bay Haven Lane, Southold, NY; Terry ' Waters Map No. 2901, Lot 42, County Tax Map District 1000, Section 88, Block 4, Lot 31. 7:35 p.m. Appl. No. 3792-- NICK THEOPHILOS. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2A for permission to locate swimming pool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot #135; County Tax Map District 1000, Section 21, Block 5, Lot 5. 7:37 p.m. Appl. No. 3791--""~ AMES H. BERGERON. Vari- ncc to the Zoning Ordinance, rticle 111, Section t00-30A(I) nd Article XI, Section 100-118, r permission to rebuild exist- ng nonconforming single- amily dwelling. Location of roperty: 185 Riley Avenue, attituck, NY; County Tax' Map District 1000, Section 143, ~ Block 4, Lot 29. 7:40 p.m. Appl. No. 3795-- PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road//12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. AppL No. 3793-- JAMES AND S'I ELLA MANOS. Variancd to the Zon- ing Ordinance, Article Xl, Sec- lion 100-119.2(C) for permission to rebuild deck structure with 30_+ sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Block 5, Lot 2.2; also known as Lot //4 on the Minor Sub- division~3p for Philip DruM, P.B. Fit2t, endorsed March 24, 197(~1~ 7:50 p.m. Appl. No. 3804-- ELLEN BLACK GUYTON. Variance to the Zoning Ordi- nance, Article 111, Section 100-32, and Article XI, Section 100-118, for permission to re- build nonconforming accessory (storage-garage) building in the frontyard area. Location of Pro, perry: 3331 Private Right-of-Way extending off the west (north- west) side of Grand Avenue~ Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot. 11. 7:55 p.m. Appl. No. 3794-- JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to exist-;~ lng dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01, Lot 22.1. 8:00 p.m. Appl. No. 3734-- KATHRYN FLEET. Variances, to the Zoning Ordinance, Arfi- cie Ill, Section 100-31, Bulk Schedule, for approval of insuf- ficient area, width and depth, of two proposed parcels in this pending division of land. Loca- tion of Property: North (North- west) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 11, LOt 19.1. 8:05 p.m. Appl..No. 3780-- ARMANDO CAPPA. Variance to the Zoning Ordinance, Article Ill, Section 100-30C, for permis- sion to erect ground sign, adver- tising off-premises business~ ("Ciccilino~' Fine Italian Din- ing). Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. 8:10 p.m. Appl. No. 3805-- PAUL AND MARGARET KAYSER. Variance to the Zon- ing Ordinance, Article Xl, Sec- tion 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. 8:15 p.m. VICTOg AND OLINDA C~i~LA NO: (a) Appl~l[. 3800--Variance to the Zoning Ordinance, Arti-¢ cie Ill, Section 100-32, for per- mission to locate swimming pool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Pri- vate Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, N~ 'County Tax Map District 100~. Section 128, Block 6, Lot 13.2. , (b} Appl. No. 3799--Variance to the Zoning Ordinance, Arti- cle Ill, Sections 100-30 and 100-31, for permission to con- struct principal building for use as a poolhouse/cabana, acces- sory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. 8:20 p.m. Appl. No. 3796~-- ALFRED FALKOWSKI. Spe: cial Exception to the Zoning Dr', dinance, Article IX, Section 100-90 for permission to con- struct office building with stor, age upon this 6_+ acre parcel. Zone District: "C-I" General Industrial. Location of Proper- ty: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. 8:30 p.m. Appl. No. 3807~- MOHRING ENTERPRISES, INC. Variance to the Zoning Or- dinance, Article XI, Section 100-Il9 and Article Ill, Section 100-31, Bulk Schedule, for per~ mission to locate new dwelling with an insufficient rearyard set- back on a lot which has from: age along three roads: North Bayview Road, Pine Neck Road; and Kimberly Lane, Southold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. The Board of Appeals will at said time and place hear any and all persofis or representafives 'de- siring~to'be heard I~ each 6 f th~' above :matters. Written cOm- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN _ BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalskita IX, 12/1/88 (2) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, .=ursu~t to Section ~67 of thc Town ~ Soothold, th~owlng hearings ~31 be held,~ the ~ TQWIq BOARD OF APPEALS at a Regular Meeting nt the Southuld Town Hall, Main Road, Southold, NY 11971, on ~ CEMBER g. 19gg at the follov,~ng times: 7:30 p.m. AppL No. 3803 -- JAMES AND PHILOMI~qA MON- ICA. Variance to the Zoning Ordi- nance, ArQ;la I~, Section 100-31, Bulk Schedule, for approval of deck Location of Propcay: 545 Bay Haven Lane, So~thold, NY; Ter~ Waters Map No. 2901. Lot 42; County Tax 4, Lot 31, 7:35 p.m, Appl. No. 3792 -- NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmmgpoul with fence Section 100-30A0) and A~icle Xl, vato Road gl2, Southold, NY; Co~mty Tax Map District 1000, Sec- riga 78, Block 6, Lot 4.1. 7:45 p.m. AppL No. 3793 -- JAMES AND STELLA MANOS. Variance to the Zoning Ordinance; Article X~, Section 100-119.2(C) for permission to rebuild deck smicture with 30~ sq, fL expansion, within 75 feet of the ~ fmthwate~ we~innds near Great Pond. Location of Prop- cay: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Block 5, Lot 2.2; also known as L~ #4 on the Minor Sub- division Map for Philip D~uhl, P.B. File #22, endorsed~Mamh 24, 1970. 7:50 p.m: AppL No. 3804 -- El ! .'~ BLACK GUYTON. Variance to the Zoning Ordinance. Artinle Section 100-32, and Article XI. Sec- tion 100-11g, for permission to re- build nonconforming accessory (storage-garage) bnilding in the froot- yard area. Location of PropetW: 333 L Psivate Right-of-Way extending off the west {noc~hwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. 7:55 p.m. AppL No, 3794 -- JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article X], Section 100-119,2 for permission to construct addition(s) to existing dweBing with nn setback f~m the top of bank along the Long Isiand Sound. Locati~o of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 01', LOt 22.1. g:00 p.m. AppL No. 3734 KATHRYN FLEET. Vatiance~ to the Zooing Ordinance, A~icle ~TI, Section 100-31, Bulk Schedule, for approvat- of insufficient a~, width and del~h,' of two propo~ed'perceh in this pend= ing division of land. Location of Property: North (No~hwes0 Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Sec- tion 103, Block 11, Lo~ 19.1, 8:05 p.m, Ap~l, No, 3780 ARMANDO CAPPA. Variance to the Zemng Ordinsnce, Anicle Section 100-30C, for permission to erect ground sign, adve~sising off- premises business ("C. iccilJno," Fine Italian Dining). Location of Property: S~th Side of Main Road and North Side of Old Main Road, Southold; NY; County Tax Map Disulct 1000, Sectiou 56, Block 6, L~ 11.1, g:lO p.m. AppL No. 3805 ~ PAUL AND MARGARET,/' KAYSER. Variance to the Zoning Ordinance, Article II, Section 100, 119.2B for permission to comrtuct. beck from existing bulkhead. Loca- tion of Property: 1005 Mill Cree~ Drive, Southold, NY; Co*mty Tax Map District 1000, Section 135~ Block 3, Lot 39. g:15 p.m. VICTOR AND LINDA CATALANO: (a) A~I. No. 3800 -- Variance to the Zoning Ordinance, A~icle l~, Section 100-32, for permission to locate gwimmingponl, accessory the existing residence, in an ama other. Property: West Side of Private Right~ of-Way extending off the South Side. of Great Pcconic Bay Boulevard; Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. Co) AppL No. 3799 -- Variance to the Zoning Ordinance, A~ici~ IH, Sections 100-30 end 100-31, fo~ per-' mission tu construct p~ncipe] build: lng for use a~ n poolhouse/cabana¢ acce~so~ to ~d'jopting tesidea~e, with an insufficient ronsard setback. cation of property: South Side of Great P~ordc Bay Boulevard, Lamcl, NY; County Tax Map District 1000, Section 128, Block 6. Lot 13.1. g:20 p.m. Appl. No. 3796 -- ALFRED FALKOWSKL Special Article l~+ Section 100-90 for permission to construct office building with storage upon this acm parcel. Zone District: ~C-I~ General Industrini. Location o£ Property: 8595 Cox Lane and the Southwest Comer of O~gon Road, Cutchogue, NY; County Tax 8:30 p.m. Appl. No. 3807 -- MOHRING ENTERPRISES, INC. Variance to the Zoning Ordinance, Article XI, Section 100-II9 and Article ~l, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient rearyard setback on a lo~ which has frontage along three roads: Nonh Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, NY= Subdivision LOt No, 20, Map of Paradise By the Bay; County Tax Map Disuict 1000, Se;tiao 70, Block The Board of AppeaL~ will at said time and piece hear any nmi aH per- sons or representatives desiring to be heard in each of the above matters. Written comraent~ may aha. be sub- mined prior to the conclusion of the subject hearing. Each hoeing will'nct start before the time allotted. mom information, please call 76~- 1809. Dated: Noveraber 22, BY ORDER OF THE SOU rHOLD TOWN BOARD OF APPEALS' GERARD P. GOEHRtNGER CHAIRMAN By Linda Kowalski 6135-1TDI '~, / RY P~,LIC, ~,t~t,~ 'ff New~ York Term Expires Februa~lg~ In :ipal I~er, ¥ of ~lch d In of APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I,. N.Y. 119'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals HAIN ROAD* STATE RnAD 25 S0UTHI3LD, L.I., N,Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. List of Mailings Hearings for December 8, 1988 Southold Town Board of Appeals Copies mailed to the following on or about 12/1/88 Mr. & Mrs. James Monica 545 Bay Haven Lane Southold, NY 11971 Mr. Nick Theophilos 387 Broadway New York, NY 10013 Mr. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Mr. Otto Schoenstein (Re: Box 95 1645 Maple Lane East Marion, NY 11939 Micciche) Mr. James Manos 2147 Lake Drive Southold, NY 11971-1543 Peconic Development Corp. Box 594 Mattituck, NY 11952 (Re: Guyton) Ward Associates (Re: Georges) 1500 Lakeland Ave. Bohe~ia, NY 11716 Abigail A. Wickham, Esq. Main Road - P.O. Box 1424 Mattituck, NY 11952 (Re: Fleet) Legal Notice of Hearings for December 8, 1988 Copies mailed to the following on or about 12/1/88 North Fork Sign Co. Main Bayview Rd. Southold, NY 11971 (Re: Cappa) Mr. & Mrs. Paul Kayser 1005 Mill Creek Drive Southold, NY 11971 Ms. Patricia Lloyd (Re: 471 Route 25A Rocky Point, NY 11778 Sambach Associates (Re: Box 1033 - Cox Lane Cutchogue, NY 11935 Mr. Philip J. Cardinale Cardinale & Cardinale Main Road - P.O. Box W Jamesport, NY 11947 Catalano) Falkowski) (Re: Mohring) L.I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files .JUDITH T. TERRY REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box I 17 9 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: October 12, 1988 Transmitted herewith is Zoning Appeal NO. 3791 , application of James H. Berqeron for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~tter relative to NYS Tidal Wetlands Land Use; Notice of: Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk Southold Town Board of Appeals Main Road - State Road '~ Southold, L~I., N~Y. 11971 14 Birch Hill Drive Poughkeepsie~ N~ Y. 12603 Phone: (914) 473-9461 September 25, 1988 Subject: Appeal of Decision of Building Inspector Reference: Attachments Dear Board Members, In September~ 1988, my wife and ! requested a building permit to construct a one family dwelling on Riley Avenue in Mattituck and a removal permit for an existing one family dwelling~ Presently, there are two one family dwellings on this property. The proposed building will replace one of two existing structures. In so doing, we expect to improve the overall physical appearance of the property and its conformance to existing building and health codes. On August 23 1988, the Building Inspector disapproved our request citing Article III, Section 100-30, A (1) Permitted use, One family detached dwellings~ not to exceed one dwelling on each lot. His decision ~s being respectfully appealed to you for reconsideration. Enclosed for your review: - Variance Application, in triplicate~ - Notice of Disapproval from the Building Inspector. - Notice to Adjoining Property Owners. - Environmental Assessment Form - ZBA Questionnaire - The current deed - Four original prints of survey showing existing and proposed structures~ Please note that the Building Department is holding 5 copies of our building plans~ James H. Berger~f Mr. & Mrs. WlI~zam Berliner Riley Avenue Mattit~tck, ~ ..... _ .. ~ew York 119~= 14 Birch Hill Drive Poughkeepsie, N.Y. Seotemb~r ~ 1988 Subject: Beard of Appeals Variance Request Reference: Enclosed Notice Dear Ethel and Bill, Sue and I have decided to develc, p [he ,,acant section of our lot by building a house, beginning ne~t summer. Doin~ so requires going before ~- ~=-n~,.~ Board ~ ~pp~als, ,~hich is ~hat the attachments are all about. the bu~'z ng on our !n~, ='T the Zoning =' ~ Ii construction. · -~n ' - its proposed location on t~,e lot. Ne hopm you aoree ~ith ~i= that this new aodition to c.~o,, Sincer~iy, James H. Ber@eron BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of totheBoardofAppealsoftheTownofSouthold TO: Mr. Wil'liam B. Berliner Riley Avenue Mattituck, New York 11952 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. ~..h~4~h Is'~J~tention of the undersigned to petition the Board of Appea s of the Town of Southold to request(Variance) (~ecia Exception)(Special Perm t) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 185 Riley Avenue. The NW corner lot at the intersection of Riley Ave. and Bay Avenue. 3. That the property which is the subject of such Petition is located in the following zoning district: County Tax Map No. 1000~ Section 143~ Block 4~ Lot 29 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: to construct a one family house on the west hal~ of the lot and remove an existing one family dwelling at the east side of the lot. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sough~t by the under- signedare Article III Sectic~ 100-30, A [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. P.~ner ~[wners'Names: James H. Bergeron Post Office Address 14 Birch Hill Drive Poughkeepsie, N. Y. Tel. No. (914) 473-9461 12603 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 871 674 879 RECEIPT FOR CERTIFIED MAIL (See Reverse) Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Dehvered Return Receipt showing to whom Dale, and Address o1 Dehvery STATE OF NEW YORK COUNTY OF SUFFOLK E lmsford. New York (registered) mail. James H. Bergeron ,residing at ]4 Birch Hill Drive, Poughkeepsier N~ Vr~rl~ (] 26n9) , being duly sworn, deposes and says that on the 73 day of .o~ra-,:~.,,~r , 19 RR , deponent malted 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Sworn to before me this tll)4~ fJ'/l~/ld dayof ~J~,~,~b~t..? ,19 ~ ',,. JOHN M. ~OUT. A N0tl~/P,I~IC Stltm of New Ymt I~. ~-47~2704 0u~llred in Westche,~' 9D (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: Mrs. Mary L. Holfelder Bay Avenue Mattituck, New York 11952 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: l~TJa~-~r;~tion of the undersigned to petition the Board of Appeals of the Town of Southold to requ~Vari~ial Exception)(Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 185 Riley Avenue. The NW corner lot at the intersection of Riley Ave. and Bay Ave. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: County Tax Map No. 1000, Section 143, Block 4, Lot 29 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: to construct a one family house on 'the west half of the let and rmmove an existing one family dwelling at the east side of the lot. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-$0. A (1) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Oared: 2J///2 P/~tioner 0wners'Names' James n. Bergeron Post Office Address 14 Birch Hill Drive Poughkeepsie, N. Y. lel. No. ( 914 ) 473-9461 12603 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 871 674 878 RECEIPT FOR CERTIFIED MAIL (See Reverse) PO, St e n Postage J Ce~ified Fee Special Delivery Fee Restricled Delivery Fee Return Receip~ showing to whom and Date Dehvered Return Receipt showing to whom Date, and Address of Delivery STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: James H. Bergercn . residing at ]4 Birch Hill Drive, Poughkeepsie, New York (12603) , being duly sworn, deposes and says that on the 27 day of Se_o~r~a13~T ,19 ] 988 , 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 Southold; that said Notices were mailed at the United States Post Or- ,at , Elmsford~ New York tif~)(registered) mail. Sworn to before me this 'tl'l,~em'l'¥ day of ~,t~. ,19 JOHN M. SOU~ ~ ~blic, ~ 0f New York ~ ~762704 ~alified ~ Fit~ in New York ~un~ ~mmi~i0n Expires ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) PROJECT I.D, NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT ISPO SOR 2. ~-~iLk-Y t~Y~~ 3. PROJECT LOCATION: H, 'rrl'TUc cou,,,y 4. PRECISE LOCATION (Street address and road intecsections, prominent landmarks, etc., or prpvide map) SEQR E. IS PROPOSED ACTION: Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: J t Initially . ·~ acres Ultimately -. ~'-,~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING Z, ONIN~-3R OTHER_EXISTING LAN~SE~RES3~3~-h'3NS~-- ~ ~ Yes 2.0 .,.o..d sc. e rieB. 9. WHAT IS PRESENT LAND USE IN V C N TY OF PROJECT? Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [~Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STA~OR LOCAL)? . ,~esc~4~j~~-~ ~-]No~ --~'~,~-~' ~-~ If yes,,list agency(s) and pe. rmit/approvals~..z~:.~ ~/~'z..~-f ~-t?' ~.4/~i 11. DOES ANY~ASP CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVALq. Yes ~No If ye~, list agency name and permit/approval - \ 12. AS[]AyesRESULTr~.~NeOF REPOSED ACTION W~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE A p plica n t Is popa~'--'~'~: J'~-'-~ /~ ~ ~ ~-~'~ ~' ~'~'~k.~ If the action is in the Coastal Area, and you are a stale agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of th~ action. It is not expected that additional studies, research or other investiqations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~es 2. Will there be a major change to any ~nique or unusual land form on the site? Yes ~No 3. Will project alter or have a large effect on an existing body of water? Yes a potentially large impact on 4. Will project have groundwater quality? .__Yes No 5. Will project significantly effect drainage flow on adjacent sites? · Yes 6. Will project affect any threatened or endangered ~No plant or animal species? Yes 7. 8. Willair quality? project result in a major adverse effect: on Yes ~No Will project have a major effect on visual char- acter of the community or scenic views or vistas k~own to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi~a~ importance or any site designated as a critical environmental area by a local agency? Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes ~o 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes No 13. Will project have any impact on public health or safety? Yes 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy~oncerning the Preparer's $ignat~re.~--~..~ /~ Representing:ZBA ~/75 / ~ Date:_ QUESTIO'.~NAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICAT~O~ FO~.IS TO THE BOARD OF APPEALS Please complete, sign and return t~ the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to{depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. ~. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? Se If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground--~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1--~17 State total: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes Yes No Yes ~ Yes ~ Yes Yes N~ Do state whether or not applications ar~.pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations c~duq~e~ upon the subject property at this~9~ ~~ Please submit photograpn~ ~or the record. Yes Yes Yes Yes Yes Yes ~ Yes I certify that the above statements are true and are being submitted for re~ by~~d of Appeals in considering my application. ~zgn~re (P~op~r~-y O~r) (Authorized Agent) 1/88 WETLANDS [Amended 8-26-7t; hy L.L. No. 2-1976: 3-26- ,85 by L.L. N9. 6-1985]: A. TIDAL WETLANISS: (1) All lands generally coverlid or intermittently eov. ered ~vith, or which bord.r on, tidal waters, or hinds lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, memtows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall eordgrass, high bush, cattails, groundsel, marshmallow and Iow march eordgrass: and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al,) and lying within Seven- ty-five (7.5) feet lamhvard of the most landward edge of such a tidal wetland. FRESHWATER WETLANI)S: (1) "Freshwater wetlands" as defined in Article 2,1, Ti. fie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in Seventy-five (75) feet landward of the most land- ward edge fa freshxv~ter wetland." 9705 'I'O~V, .)Iv SOUTHern_ OFFICE Oil' I1UII,DING INSi'P, CTOIt TOWN IIALL SOUTIIOLD, NEW YOP, K CERTIFICATE OF OCCUPANCY NONCONFOI~MING PREMISES 'Fills IS TO CIgI{TIFY that the [--X/ Land Pre C.O. #- Z-15908 ["X/ Bu il din~,(s) /--/ U:ye(s) Date- July 2, 1987 located at 185 Riley Ave. & 1065 Bay Ave. Mattituek, Hamlet shown on County tax ~nap as District 1000, Section 143 , Block 4 ; Lot 29 , does[not)conform to the present Building Zone Code nf the Town of Southold for' the following reasons: Insufficient total areal non-conforming second and side yard set backs. Rear yard set-back on dwelling; front yard accessory garage. On the banis of information presented to the Buildin~ Inspector's Office, it has been determined that the abo~e nonconforming [_--X/Land /~/Building(s) /-'/Use(s) existed on the effective date the present Building Zone Code of the Town of Soutbold. and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHEI% CEIVI'IFIED that, based upon information presented to the P,u[ldin~. Insp,:ctor's'Office, the o~cupaney and use for xvhich this Certifi- cate is issued is as folloxvs: Property contains 2 one-story, one family, wood framed dwellings, accessory garage and all situated in 'A' resldentlal Agricultural zone with access t'o Riley Ave. a Town Road The Ccrtff,c:[te is issued to of the afocesaid building. RIFAT CILAN, JOHN MOILAOGLU, ROSTEN KAVAF (owner, Surf elk County Deparln-,ent of llealth Approval N/A U I',D[;I'~WI~I'I'J,21~S CEIl I IFI(,A'I i. NO. N(.~I iCl, iS IIEI'(EBY GIVEN that the owner of the above premises I-L~S NOT CONSENTIi:D TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premi.~;es comply xvith all applicable codes and ordin- ance.% other than the Buildin~ Zone Code, and therefore, no such inspection has bt:eh crmducted. This .erttf~cate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes add regula- tions. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT --THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 48889 THIS INDENTURE, madethe iSth dayof Ciune nineteen hundred and eighty-seven BETWEEN £'~lr';.T CILEi~, residing at 40-09 i. lorgan ~t., Little ~ieck, ~,.Y. LOiii~ ~iOLL:'~0GLU, residing at 251-25 Thornhill Ave., Little NecK, N. RUSTEi. K~VAF, residing at 244-05 Van Zandt Ave., Douglaston, N.Y. party of the first part, and party of the second part, J:~ES H. BERGEROk ALD SUSAN E. BERGERON, his wife, both residing at 14 Birch Hill Drive, Poughkepsie, New York WITNESSETH, that the party of the first part. in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part. does hereby grant and release unto the party of the second part. the heirs or successors and assigns of the pgrty of the second part forever. )IST 1000 ~SCT 143.00 ~LOCK 4.00 ALLthat~ertainp~~t~piece~rpar~e~~f~and'withthebui~dingsandimpr~vementsthere~nerected,situ- ate. lyingandbeinginthe Town of Southold, County of Suffolk and State of New York being all of plot ~4, as shown on a certain map entitled, "~iap of Property of George H. ~$illiam T., and D.T. Riley, alattitucK, Long Island certified by Daniel R. Young, Riverhead, New York, P. E. & L. S., dated March 1924 and filed in Suffolk County Clerk's Office on Nov~aber 27, 1928 under ~186, which said lot is bounded and de- scribed according to said ~nap as follows: BEGINNING at a point on the east side of Bay Avenue at a point where the division line between Lots 3 & 4 as shown on said map intersects the east side of Bay Avenue; RUNNING THENCE North 70 degrees 31 rainutes Eas% alon~ said division ~029.0001ine 250 feet to the west line of lot 6 as shown on said map; RUNNING THE~CE South 19 degrees 29 minutes Eas~ along the west line of lot 6 61.40 feet to the north side of Riley Avenue; ,%.~L,$,~RUNNING THE~,CE South 70 degrees 31 minutes West alone the north side of Riley Avenue 250 feet to the corner formed by the~intersecfion of the north side of Riley Avenue with the east side of Bay Avenue; of Bay Avenue 61.40 feet to the poxnt or place of BEGINNING. '~,~,~.',The Grantors herein are the same persons as the Grantees in Deed re- corded in Liber 7677 CP. 544 at the County ClerK's Office, Riverhead, New York TOGETHER with all right, title and interest, if any. of the party of the first part of. in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER'with the appur- tenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party nf the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such con- sideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above ..... ¢' IN PRESENCE OF: ~,.~//./ JUL ? 1987 TRAN'I~Fr 'FA., SUFFOLK COUN'i%' 10359 T4~3 STAT~ OF NEW YORI~. COUNTY OF SUFFOLK ss, Onthe 18th dayof June 19 87 , before me personally came RIFAT CILEN JOHN I'iOLLAOGLLI .RU.ST~ I~A~AF, . . to me known to De the Inolvmuai s oescrioeo in snd who ex~uled the ~oregoing inst~ment, ~d a~nowledg~ lhat they ~ut~ the ~e. N0la~ Public, Stria of N~ Y~ ~ . ~ 52-47E~021 CO OU??d in S~ffo~ ~un~ On th~ day of 19 , ~for~ me ~r~onall7 ~ to m~ kno~, ~ho, ~in~ b7 m~ duty *worn, did d~ ~d ~y t~t he r~ides at No. · at he is ~e oi ~ the co.ration descri~ in and which cx~ut~ the {or~oing instrument; that he knows the ~ of ~id co~tion; t~t the seal ~x~ to ~d inst~m~t is such coyote ~; that it was ~ a~x~ by order of the ~rd ot dir~ors o[ ~id co.ra- tion, and t~t he si~ h name thereto by like order. STATE OF NEW YO~JK., COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. TITLE No. RIFAT CILEN, JO/iN i'iOOAOGLU RUST~-."I TO J~m'IES H. BERGERON and SUSAN E. BERGERON american tlcla s~c'rioN 143.00 SLOC~ 4.00 LOT 099.90 ( OUNTY OR 14 Birch ~ill Drive Poughl~epsie, X.Y, z,. ~o. z JAMES H. BERGERON LOT NO.4"MAP OF GEORGE H.,WILLIAM T. 8~ D.'[ RILEY" AT MATTITUCK D~TE: SEPT.21,1988 TOWN OF SOUTHOLO SUFFOLK COUNTY, NEW YORK SEPT 7,1988 SCAt. E: I"= :50' NO, 88 - ~04.1 YOUNG & YOUNG #.Y.S. I,.IC~#SE Z.ID.