HomeMy WebLinkAbout3727Southold Town Board of Appeals
I~AIN ROAD- STATE; ROAD 25 SOUTHOLD, I-.I., N.Y. 11g71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3727
Application Dated
TO:
April 22, 1988
John M. Wagner, Esq.
Esseks, Hefter & Angel as Attorneys
for DOROTHY ABBOTT
108 East Main Street, Box 279
Riverhead, NY 11901
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on June 2, 1988,
the above appeal was considered, and the action indicated below wa
on your [ ] Request for Variance Due to Lack of Access to
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article XI , Section ]O0-119.2A, Article III,
Section 100-31, Bulk Schedule
[ ] Request for
Application of DOROTHY ABBOTT for Variances to the Zoning Ordinance:
(a) Article III, Section 100-31, Bulk Schedule, and (b) Article XI, Sec-
tion 100-119.2A, for approval of attached deck with an insufficient
easterly sideyard setback and insufficient setback from top of bluff
along the Long Island Sound, premises known as 380 Private Road No. 3
(extending off the West Side of Rocky Point Road, East Marion, NY);
County Tax Map Parcel No. 1000-21-1-2.
WHEREAS, a public hearing was held and concluded on April 14,
1988 in the Matter of the Application of DOROTHY ABBOTT under Appeal
No. 3727; 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 20,020± sq. ft. parcel of
land located at the end of a private right-of-way referred to as
380 Private Road No. 3 (extending off the West Side of Rocky Point
Road), in the Hamlet of East Marion, Town of Southold, and more
particularly shown on the Suffolk County Tax Maps as District 1000,
Section 21, Block 1, Lot 2.
2. The subject premises is improved by a single-family,
one-story frame dwelling structure and accessory storage shed
all as shown on survey prepared September 24, 1970 (as amended
May 9, 1988) by Roderick VanTuyl, P.C.
3. By this application, appellant requests a Variance for
approval of a deck addition at the north and northeast section of
(CONTINUED ON PAGE TWO)
DATED: June 2, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appl. No. 3727
Matter of DOROTHY ABBOTT
Decision Rendered June 2, 1988
the existing dwelling with setbacks at 6'6" from its closest point
to the easterly property line and at 30 feet from its closest
point to the top of the bank (along the Long Island Sound).
The setback of the deck to the top of the bank at its furthest
point is shown to be 50 or more feet.
4. It is noted that although the survey depicts Parcel One
and Parcel Two, the subject premises has been and remains in one
ownership as one parcel with an area of not less than 20,020 sq.
ft.
5. Article XI, Section 100-119.2, subparagraph A(1)
of the Zoning Code requires all buildings and structures
proposed on lots adjacent to the Long Island Sound to be
set back not less than one-hundred (100) feet from the top
of the bluff or bank.
6. Article III, Section lO0~31, Bulk Schedule, of
the Zoning Code requires a minimum sideyard to be lO feet
for this parcel which is located in the "A" Residential
Zoning District.
7. It is noted for the record that: (a) Certificate
of Occupancy #Z9030 was issued May 25, 1978 for the private
one-family dwelling with addition, and (b) the deck under
consideration is existing and has been existing for several
years; (c) a portion or all of the subject right-of-way
and lot in question is shown on the "Map of Marion G.
Richardson" filed in the Suffolk County Clerk's Office
as Map No. 859 on December 31, 1927.
8. The relief requested by this application is
substantial in relation to the previously established
nonconforming setbacks.
not
9. In considering this appeal, the Board also finds
and determines that: (a) the placement of the deck is not
unreasonable and will not create a substantial change in
the character of the area; (b) the circumstances of the
property are unique and are not personal in nature; (c)
the deck exists and the bluff area will not be disturbed
or altered; (d) there is no other method feasible for
appellant to pursue other than a variance; (e) the
practical difficulties are sufficient to warrant the
relief applied for; (f) in view of all the above factors,
the interests of justice will be served by granting the
variance, as noted below.
Accordingly, on motion by Mr. Grigonis, seconded b
Mr. Sawicki, it was
RESOLVED, to GRANT the variances requested under
Appeal No. 3727 in the Matter of DOROTHY ABBOTT for the
open deck construction with a setback from the easterly
property line at 6'6" at its closest point and from the
northerly top of bank line at 30 feet at its closest
point, as shown by survey amended May 9, 1988, prepared
by Roderick VanTuyl, P.C., SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That the construction meet all applicable
building code specifications;
2. That the deck not be roofed or enclosed;
tion
deck.
3. That there be no disturbance
on the land area between the bank
or other construc-
line and the existing
Vote of the Board: Ayes:
Grigonis, Douglass and Sawicki.
adopted.
Messrs. Goehringer, Doyen,
This resolution was duly
lk
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code of the Town of Seuthold, the following
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS
at a Special Meeting at the Southold Town Hall, Main Road,
Southold, New York, on THURSDAY, JUNE 2, 1988 at the foll6wing
times:
7:30 p.m. Appl. No. 3718 PATRICIA STEGNER. Variance
to the Zoning Ordinance, Article XI, Section lO0-119.2B for
permission to locate new dwelling with an insufficient setback
from existing bulkhead. Location of Property: 470 Private
Road #12 (off the South Side of Main Bayview Road), Southold,
NY; County Tax Map Parcel No. 1000-78-6-5 and 10.2 (now 10.3).
7:35 p.m. ADpl. No. 3723 - ANGELO SPETSIOTES. Variance
to the Zoning Ordinance, Article XI, Section 100-119.2B ~or
permission to construct deck addition at rear of dwelling
with an insufficient setback from existing bulkhead at Budd's
Pond, 1045 Budd's Pond Road, Southold, NY; Willow Point
Subdivision Lot #11; County Tax Map Parcel No. 1000-56-5-13.1
(or 13).
7:40 p.m. Appl. Nee 3732 - ROBERT E. BIDWELL. Special
Exception to the Zoning Ordinance, Article III, Section 100-30B(14)
for a Winery for the production and retail sale of wine produce~
from grapes primarily grown at the Bidwell_Vineyards, premises
located at the South Side of C.R. 48, Cutchogue, NY; County Tax
Map Parcel No. 1000-96-4-4.3 (prev. p/o 4.1).
7:45 p.m. Appl. No. 3717 - FREDERICK KOEHLER, JR. Variance
to the Zoning Ordinance, Article XI$ Secti6n 100~119.2B for per-
mission to locate accessory structure atohg existing bulkhead
at Cutchogue Harbor, premises known as 575 Old Harbor Road, New
Suffolk, NY; County Tax Map Parcel No. 1000-117-2-6.
the
for:
(c)
line
off
No.
7:50 p.m. Appl. No. 3729 - GEORGE R. FURSE. Variances to
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule
(a) approval of insufficient lot area of proposed Lot #2;
approval of insufficient lot depth of proposed Lot #2;
approval of yard setbacks as apply from the new division
to the existing dwellings. Location of Property: Right-of-way
Bell Hill Avenue, Fishers Island, NY~ County Tax Map Parcel
1000-009-03-002, containing 3.64± acres.
~age ~ - No~ice of He~ lings
Southold Town Board of Appeals
Special Meeting - June 2, 1988
8:00 p.m. Appl. No. 3730 ESTATE OF DOROTHY RUSSELL.
Variances to the Zoning Ordinance, Article III, Section 100-31
Bulk Schedule for: (a) approval of ~nsufficient lot area of
proposed Lot #1 and Lot #2; (b) approval of insufficient lot
depth of proposed Lot #2; (c) approval of insufficient yard
setbacks as apply from the new division line to the existing
dwellings. Location of Property: North Side of Beach Avenue
and West Side of Heathulie Avenue, Fishers Island, NY; County
Tax Map Parcel No. 1000-009-11-9.1 (prev. 9), containing 2±
acres.
8:10 o.m. Appl. No. 3731 NORTH FORK COUNTRY CLUB.
Variance to the Zoning Ordinance, Article III, Section 100-32
for approval of the placement of accessory gazebo structure
in the frontyard area, premises known as 25650 Main Road,
Cutchogue, NY; County Tax Map Parcel No. lO00-109-4-Lots 1,
3, 4, and 7,
8:20 p.m. Appl. No. 3727 - DOROTHY ABBOTT. Variances
/
to the Zoning Ordinance: (a) Article III, Section 100-31,
Bulk Schedule, and (b) Article XI, Section lO0-119.2A, for
approval of attached deck with an insufficient easterly
sideyard setback and insufficient setback from top of bluff
along the Long Island Sound, premises known as 380 Private
Road No. 3 (extending off the West Side of Rocky Point Road),
East Marion, NY; County Tax Map Parcel No. 1000-21-1-2.
_
8:30 p.m.
Variance to the
Appl. No. 3/26 - CLIFF & PHIL'S LOBSTER HOUSE.
Zoning Ordinance, Article VI, Section lO0-60C
for permission to erect off-premises-advertising sign for
restaurant (previously Beachwood Cafe). Location of Premises
for Sign: South Side C.R. 48, Southold, NY; County Tax Map
Parcel No. 1000-59-10-4. (Owner: Edward Fo Koster).
8;35 p.m. Appl. No. 3721 RUSSELL E. PLANITZER.
Variances to the Zoning Ordinance, Article III, Section
100-32 for permission to locate pool, fence enclosure,
pergola structure, and part of garden enclosure, in the
frontyard area. Location of Property: Private Road,
Wilderness Point, Fishers Island, NY; County Tax Map
Parcel No. 1000-12-2-6.5, 6.9 (prev. 6.6).
The Board of Appeals will hear at said time and place
any and'all representatives or persons desiring to be heard
in each of the above matters. Each hearing will not start
before the time allotted. Written comments may be submitted
prior to the conclusion of the subject hearing. For more
information, please call 765-1809.
DATED: May 12, 1988. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
Copies mailed to the following 5/18/88:
Mrs. Patricia Stegner, 91 Laurel Drive, Smithtown, NY 11787
Mr. Angelo Spe~siotes, 1045 Budd's Pond Road, Southold, NY 11971
Mr. Robert E. Bidwell
27 Montrose Place
Melville, NY 11747
Mr. James Gray, Sr., P.O. Box 1465, Southold, NY 11971
(as Agent for Mr. Frederick Koehler)
Stephen L. Ham, III, Esq.
Matthews & Ham, 45 Hampton Roads Southampton, NY 11968
as Attorneys for George R. Furse and Estate of D. Russell
Richard F. Lark, Esq., P.Oo Box 973, Main Road, Cutchogue, NY 11935
John M. Wagner, Esq., Esseks, Hefter & Angel, P.O. Box 279,
108 East Main Street, Riverhead, NY ll901
as Attorneys for Dorothy Abbott
Cliff's and Phil's Lobster House, Inc., 50 North Sea Drive,
Southold, NY 11971
Robert A.M. Stern Architects, 211 West 61st Street, NY,
as Agents for Mr. Russell Planitzer
Mr. Charles Kadushin, 242 West lO1 St., NY, NY 10025
NY 10023
Suffolk Times, Inc., P.O. Box F, Greenport, NY 11944
L.I. Traveler-Watchman, Traveler'St., Southold, NY 11971
(Board"Members with copies of files 5/19/88)
Building Dept., Planning Board, Bulletin Board
FORM NO. 3
'TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
~,~./.~.,y..~.~
PLEASE TAKE NOTICE that your application dated ~ ..... ~ ...... 19 .~.
CountyTax MapNo. 1000 Section ...~./ ...... Block ... ] .......... ~t ..~ .........
Subdivision ................. Filed Map No ................. Lot No ..................
.~ / ·
....
· .~-4...~.~..z~...-'~~~. ....
.~j~4~..A~Bu 11 d 3. ng inspe/c to r~ to~~
RV 1/80
TOWN OF SOUTHOLD, NLr~ YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO.
DATE ..............................
1, (We) ......]).o.r.o.~.hy...T, ,...&hh o.t; ~; .................. : ....... of ....... De %dr ick.', s.. ~ ad.,.. 3o;~...Zi7 .....................
Name of Appellant Street and Number
Municipality
..[~..Zn~;k. ......... HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ................................... DATED .........Ma~ch..ll,..19.~ .................
WHEREBY THE BUILDING iNSPECTOR DENIED TO
( )
(X)
( )
Name of Applicant for permit
of Deidrick' s Road, Orient New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERLY' .~.W~e~s..t.~q~f.~R".°.~.g3.~.P.9.~i~.n..t..~.R~.~..E.~a..s~.t.~%R~.~.&~i~?
Street /Hamlet / Use District on Zoning Map
District 1000 Section 21 Block 1 Lot 2 C.--en~
.............................. ur, ~ Owner Dorothy I. Abbott
Map No. ' Lot No. Prior Owner. Grace ]5. Raymond
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 zI~ Section 100-31; Article XI, Section 100-119.2
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(,Y) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A vARiANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this proped'y.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ..... /¢/~, ..................... Dated ......................................................................
( )
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested forthe reason that aCertificate of Occupancyhas been refused for an existing
deck on the subject parcel, the easternmost edge of which deck is situate six (6)
feet, six (6) inches from the easterly line of the property, and the northernmost point
of which deck is situate thirty (130) feet from the top of the bank landward of the
Long Island Sound beach. A ten (10)-foot setback from the easterly property line is
required by the Zoning Code, Article III, Section 100-31(A); a one hundred (100)-foot
setback from the top of the bank is required by Article XI, Sehtion 100-i19.2 (A) (~).
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficuJties or unneces-
sery HARDSHIP because
(a) A variance of only three and a half (3.5) feet is necessary and requested from the side
yard requiremen~ and the preexisting house is located only 38 feet from the top
of the bank facing Long Island Sound, which bank is unusually stable°
(b) The requested variances would not increase population density or have an effect
on governmental facilities;
(c) The requested variances would not change the character of the neighborhood
or be detrimental to adjoining properties~ and
(~) If the ordinance is strictly applied, there is no alternative to destroying
that part of the existing deck which encroaches on the required side yard and
' bank setback, at great financial cost to the applicant/owner°
2. The hardship created is UNIQUE and is not shared by all properties eJike in the immediate
(icinity of this property and in this use district because o£ the narro~ess of the snbject
parcel, the nearness of the preexisting residence to the easterly boundary Iine
(app%xlmately 12.5 feet) and the top of the bank (38 feet), the unusable nature
of the adjoining property directly abutting the easterly boundaryline, and ~hhe
unusually high stability of the hank facing Long Island Sound°
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because, nnder the variances, the:rise of the subject
property remains single-family residential.
COUNTY OF -~4P~r') '-,
John M. Wagner
Attorney for Applicant~/0wner
Sworn to this ....... ~.b.....] ......................... day of......~y ............................................ 1988
Notary PubJic
OF SOUTHOLD
CARD
OWNER
FmI ER
F~-REET
N/,/
DISTRICT SUB.
Z~ "az;
ACREAGE
TYPE OF BUILDING
LOT
..... (' c, f'
RES.
LAND
/ ¥~ r~
VL.
TOTAL
/%2 o
FARM
DATE
COMM.
REMARKS
IND. CB.
MISC.
AGE
NEW
Farm
Tillable I
Tillable 2
Tillable 3
Wcodiend
Swampland
~rushland
House Plot
NORMAL
Acre
BUILDING CONDITION
BELOW
Value Per Acre
/-I
:,~ I , > /d O 0
Total
M, Bldg.
£xtension
Extension
Extension
Garage
O.B,
?/
Foundation
Basement
Ext. W~l[s
,,Fire Place
Patio
Driveway
Porch
Porch
Bath
Floors
Interior Finish
Heart
Attic
Rooms 1st Floor
Rooms 2nd Floor
II~O I~OTHY ~BBOTT
0
I-
ffi
0
>-
u
FORM NO. 3
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
PLEASE ~AAKE NOTICE fha, your application dated ~ .....
for pe~it to ~.~.~ ..... ~...- ............. at,
CountyTax Map No. 1000 Section ...~,/ ...... Block ... ] .......... ~t ..& .........
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds . . .~g"2 ~'
RV 1/80
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2S SOUTHE}LD, L.I., N.Y. llg?l
TELEPHONE (516) 765 1809
July 7, 1988
John M. Wagner, Esq.
Esseks, Hefter and Angel
108 East Main Street, Box
Riverhead, NY 11901
279
Re: Appeal No. 3727 - Dorothy Abbott (vaYiances)
Dear Mr. Wagner:
Transmitted herewith for your perusal and file is a copy of
the response received from the Suffolk County Department of
Planning following our referral.
Yours very truly,
Linda F. Kowalski
Enclosure
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
360-5206
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
June 30, 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 Con~ission 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)
Angelo Spetsiotes
~,~orothy Abbott
3723
3727
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
Southold Town Board of Appeals
MAIN RnA[D = STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Pursuant
Board
the
to Article XIII of the Suffolk County Charter, the
of Appeals of the Town of Southold, New York, hereby refers
following to the Suffolk County Planning Commission:
Variance from the Zoning Code, Article ×I , Section100-119.2A and
Article III, Section 100-31 Bulk Schedu~
Variance from Determination of South~ld Town Building inspector
Special Exception, Article , Section
xx
Special Permit
Appeal No.: 3727 Applicant: Dorothy Abbott
Location of Affected Land: 380 Private Road NO.
County Tax Map Item No.: 1000- 21-1-2
Within 500 feet of:
Town or Village Boundary Line
3, East Marion, NY
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway,
Boundary of Existing or Proposed County,
Boundary of Existing or Proposed County,
Other Recreation Area
Thruway
State or
State or
Federally Owned Land
Federal Park or
Existing or Proposed Right-of Way of Any Stream
Owned by the County or for Which The County Has
Lines,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
approval of
COMMENTS: Applicant is requesting ~xm~ ~
insufficient easterly sideyard and
or Drainage Channel
Established Channel
at~ached deck witch an
insufficient setback from top o~f
bluff
Copies of Town file and related documen[s enclosed for your review.
Dated: June 22, 1988
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11'971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
John H. Wagner, Esq.
Esseks, Hefter & Angel
108 East Main Street, Box 279
Riverhead, New York 11901
June 17, 1988
Re: Appl. No. 3727 Dorothy Abbott (Variances)
Dear Mr. Wagner:
Transmitted herewith for your file and perusal is a copy
of the official findings and determination recently rendered
by the Board ~f Appeals, the original of which has this date
been filed with the Office of the Town Clerk.
Please be sure to return to the Building Department for
issuance of any permits or other approvals in writing as may
be applicable.
Please do not hesitate to call either our office (765-1809)
or that of the Building Inspector (765-1802) if you have any
questions.
Yours very truly,
Enclosure
Copy of Decision to:
Building Department
GERARD P. GOEHRINGER
~"~y Linda I~ewalski
AQUEBOGUE ABSTRACT CORP.
123 MAPLE AVENUE
RIVERHEAD, NEW YORK 11901
VARIANCE SEARCH
TITLE # AAC-496
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELYSE G. WOHLARS, being duly sworn, deposes and says:
That she resides at 123 Maple Avenue, Riverhead, New York
11901 and is over the age of 21 years and that she is Office
Manager of AQUEBOGUE ABSTRACT CORP.
That under her direction, title was examined to the parcels of
land described on the annexed Schedule and labelled Parcels:
A, B, C, D and E
THAT said examination, dated 5-13-88 discloses a chain of title
to determine if any contiguous property was owned by an owner of
property involved since the date of any previously applicable
Zoning Ordinance as of 1970
And that this affidavit is made to assist the Board of Zoning
Appeals to the Town of Southold to reach any determination
which requires as a basis therefore the information set forth
herein and knowing full well that said Board will rely upon truth
thereof.
SWORN TO BEFORE ME THIS
2nd DAY OF June,1988
KENNEIH B ZAHLER
NOIARY PUBi !C, SLATE Ot NE~¥ YORK
StJ~FO~ K CO~NIY. NO 01ZA-4517618
TERM EXPIRES FE[J~;UARY 28, 1989
'- tvs )
O FF~CE MANAGER
DESCRIPTIONS
Title Number: AAC-496
PARCEL "A": (SUBJECT PREMISES)
ALL that certain plot, piece or parcel of land, situate lying
and being in the Town of Riverhead , County of Suffolk and State
of New York and being a described parcel
County Tax Map Rolls as District
1000 Section 021.00 Block: 01.00 Lot: 002.000
PARCEL "B" (Adjacent on North)
County Tax Map Rolls as District
1000 Section 021.00 Block: 01.00 Lot: 023.000 and 024.000
PARCEL "C" (Adjacent on East)
County Tax Map Rolls as District
1000 Section 021.00 Block: 01.00 Lot: 003.000
PARCEL "D" (Adjacent on the West)
County Tax Map Rolls as District
1000 Section 021.00 Block: 01.00 Lot: 001.003
PARCEL "E" (Adjacent on the South)
County Tax Map Rolls as District
1000 SECTION 021.00 BLOCK: 0100 LOT: 003.000
STATE OF NEW YORK)SS:
COUNTY OF SUFFOLK)
Elyse Wohlars being duly sworn, deposes and says: That she
resides at 123 Maple Avenue , Riverhead New York and is over the
age of 21 years and that she is the Office Manager of Aquebogue
Abstract Corp.
That the above is the true description of the subject premises
and of the adjoining premises as shown on the record in the
variance search under the above captioned title number.
SWORN TO BEFORE ME THIS
2nd DAY OF June 1988
NOTARY
AQUEBOGUE ABSTRACT
CORP.
X-~n~y ~E-~O ~ L a R S
OFFICE MANAGER
CHAIN OF TITLE FOR PARCEL "A":
Helen Catherine Schwerman Dated: April 25, 1967
to Rec'd: May 1, 1967
Grace Raymond Liber: 6145 cp 127
Grace Raymond A/K/A Grace Dated: March 27, 1971
Raymond, individually and as Rec'd: April 2, 1971
Surviving tenants by the entirety Liber: 8060 cp 437
to
Dorothy Abbott
LAST OWNER OF RECORD
CHAIN
OF TITLE AS TO PARCEL "B"
Abraham B. Rosenberg, and Dated: July 6, 1961
Agnes S. Rosenberg, his wife, Rec'd: July 10, 1961
Lewis E. Raymond, Jr., and Liber: 5013 cp 222
Grace B. Raymond, his wife
Catherine J. McCann
to
Abraham B. Rosenberg, Agnes S. Rosenberg, his wife
Lewis E. Raymond, Jr., Grace B. Raymond , his wife and
Catherine J. McCann, as tenants in common.
LAST OWNERS OF RECORD
State of New York)SS:
County of Suffolk)
Elyse Wohlars being duly sworn, deposes and says: That she
resides at 132 Maple Avenue Riverhead New York and is over
the age of 21 years and that she is the Office Manager of
Aquebogue Abstract Corp.
That the above are the true chains of title as shown on the
record in the Variance Search under the above captioned title
number.
SWORN TO BEFORE ME THIS
2nd DAY OF June, 1988
NOTARY ,_ __~
AQUEBOGUE ABSTRACT
CORP. ~
ELY~fi'E-- WOHLA RS
OFFICE MANAGER
CHAIN OF TITLE FOR PARCEL "C"
Marion J. Richardson Dated: September 27, 1960
to Rec'd: September 30, 1960
Grace B. Raymond Liber: 4882 cp 142
LAST OWNER OF RECORD
CHAIN OF TITLE FOR PARCEL "D"
Lewis E. Raymond Jr. Dated: September 8, 1962
Grace B. Raymond, his wife Rec'd: September 14, 1962
to Liber: 5231 cp 150
Edna Bennett
Edna Bennett Dated: October 24, 1978
to Rec'd: November 3, 1978
Edna Bennett, and Liber: 8526 cp 262
Maria Wheeler, as joint tenants
with rights of survivorship
Edna Bennett, and Dated: March 8, 1984
Marie Wheeler, as joint tenants Rec'd: March 28, 1984
with right of survivorship Liber: 9536 cp 73
to
Jolie Z. Kelter
LAST OWNER OF RECORD
State of New York)SS:
County of Suffolk)
Elyse Wohlars being duly sworn, deposes and says: That she
resides at 123 Maple Avenu , Riverhead New York and is over
the age of 21 years and that she is the Office Manager of
Aquebogue Abstract Corp.
That the above are the true chains of title as shown on the
record in the Variance Search under the above captioned title
number.
SWORN TO BEFORE ME THIS
2nd DAY QF June, 1988
AQUEBOGUE ABSTRACT
//?CO RP. ~
OFFICE MANAGER
CHAIN OF TITLE FOR PARCEL "E"
Marion J. Richardson Dated: September 27, 1960
to Rec'd: September 30, 1960
Grace B. Raymond Liber: 4882 cp 142
LAST OWNER OF RECORD
State of New York)SS:
County of Suffolk)
Elyse Wohlars being duly sworn, deposes and says: That she
resides at 123 Maple Avenue, Riverhead New York and is over
the age of 21 years and that she is the Office Manager of
Aquebogue Abstract Corp.
That the above are the true chains of title as shown on the
record in the Variance Search under the above captioned title
number.
SWORN TO BEFORE ME THIS
6TH DAY OF May 1988
I.~A(c)
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
In the Matter of the Application of
DOROTHY I. ABBOTT
for variances to Article III,
Section 100-31 and Article XI, :
Section 100-119.2 of the Town of
Southold Zoning Ordinance. :
AFFIDAVIT
STATE OF NEW YORK)ss.
COUNTY OF SUFFOLK) :
GRACE RAYMOND, being duly sworn, deposes and says:
1. I am the owner of property in East Marion, New
York, located immediately east of the property which is the
subject of this applic.3tion.
application of
Section 100-31
Southold
I make this affidavit in support of the
Dorothy I. Abbott for variances to Article III,
and Article XI, Section 100-119.2 of the Town of
Zoning Ordinance.
3. I understand that the variances applicant is
seeking are to pe~nit the maintenance of an existing deck
attached to the house on applicant's property, which deck is
located closer to applicant's easterly property line and the
edge of the bank landward of the Long Island Sound beach than
permitted by the Zoning Ordinance. The deck is located six
feet six inches (6'6") from the boundary line between the
applicant's property and my property.
Appeals
applicant's
applicant.
4. By this affidavit, I wish to apprise the Board of
that I have no objection to the existing deck on the
property and the variances sought by the
GRACE
Sw~4~n to before me this
ua lifted
-s,on Expir~
TOWN
I/UILDIN(;
Town
Southold,
Certificale Of Occupancy
Z9030 Date May 25 ., 19 78
380 Pvt. Rd. # 3
THiS CERTIFIES that the building located at l~os.enbu.rg Street
Map No Block No ........... Lot No.
cunforms substantially to the Application for Building Permit heretofore filed in this office
dated March 28 19 78 pursuant to which Building Permit No. 9708Z
dated May. .5., ......... , 1978 .... , was i}sued, and conforms to all of the require-
mtms of the applicable provisions of the law. The occupancy for which this certificate is
issued is PRIVATE 0NI~ FAMILY DWF:I.I.ING WITH ADDITION
The certificate is issued to Dorothy Abbott
of the aforesaid building.
Sull'olk Cuunty Department of Health Approval
(owner,
N/R
UNDERWRITERS CERTIFICATE No. N/R
IfOUSE NUMBER ~580 Street Pvt. Rd. # ~-Rosenburg
East Marion, N.Y.
Building Inspector
IR ~CE/sOF HEARINGS
HEREBY GIVEN,
Town Law and the C~e of ~e
~own of Sou~old, the following
h*a~nga will ~ held by the
~HOLD TOWN BOARD QF
~ at a S~ci~ M~t~g at
· e Southold Town HaH, Main
Road, Sou~old, New York, on
follow~g times:
7:30 p.m. Appl. No. 3718 -
· e ~ning Ord~ange, A~cle XI,
S~etion 100-119.2B for ~i~-
zion W l~ate new dwelling wi~
ing bulkhead. ~cafion of P~-
a.y: 470 PHvate R~d ~12 (off
· ~ South Side of Main Ba~iew
Road), Southold, NY; Cowry T~
Map Parcel No. 1~0-78-6-5 ~d
10.2 (now 10.3).
7:35 p.m. A~I. No. 3723 -
XI, S~cti~ 100-119.2B for per-
mission to ~stmct deck additi~
at ma~ of dw~ing wi~ ~ ~suffi-
head at Budd's Pond, 1045 Budd's
P~d Road, Southold, NY; Willow
Point Subdivision Lot gll;
County Tax Map Par~l No. 1~-
56-5-13.1 (o~ 13).
7:40 p.m. Appl. No. 3732 -
ROBERT E. BIDWELL. Speci~
Exception to the Zoning Ordi-
nance, Article HI, Section 100-
30B(14) for a Wine~ for thc
duction and re.il sale of wine
pwduced from gra~s primarily
~mwn at th~ Bidwell Vineyard~,
of C.R. 48, Cutchogue, NY;
~ty Tax Map Pardi No. 1~-
· eo!loN
I
~i,ATE OF NEW YOl~ ~l
'~ ~. ~OUlflYOF SUFFOI.K)
~bri.~in~ ~n~n~n , of MettRuok, In
said Caunty, being du~ ~o~ ~ t~t h*/~ b Pdnol~l
Ole~ of THE SUFFOLK ~MES~ I Weetly Ne~piper,
~bb~ mt ~ttltu~ ~ ~ T~n of Southo~, ~un~ of
aid No.paper oflc..nob week for ~ weeks
sueoess~.~, oommenolng on the . 2 ~ ,. dM of
/
TRANSCRIPT OF HEARING
SOU~LD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, JUNE 2, 1988
Appl. No. 3727
Applicant(s): Dorothy Abbott
Location of Property: Rocky Point
County Tax Map No. 1000-
Road, East Marion
Board Members present: Chairman Goehringer P. Goehringer,
Members: Doyen, Douglass, Grigonis and Sawicki.
Also Present: Victor Lessard, Building Inspector and Linda
Kowalski, Secretary of Zoning Board of Appeals.
The Chairman opened the hearing 8:34 o'clock p.m. and
read the legal notice for the record.
Motion was granted to waive the reading of the application.
CHAIRMAN GOEHRINGER: I have a copy of a survey dated May 9, 1988
right off the press indicating this particular parcel which is of
irregular design. And I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Mr. Wagner
would you like to be heard?
MR. WAGNER: Good evening membeus of the Board. I'm John Wagner
from Essesk, Hefter and Angel ih Riverhead. I'm here on behalf of
the applicgnt, Dorothy Abbott. The applicant is here as well. They
are right over there. And I will make my presentation. If the Board
has any questions of the applicant, feel free to ask them. I'd like
to start off by giving you a little bit of history of this parcel.
The applicant purchased the parcel in early 1971 as is reflected in
the deed that was submitted with the application. In view of the
fact that it was purchased prior to November of 1971, it is our po-
sition that the bulk and parking regulations set forth in subsection
A of section 100-31 apply to this parcel. I would like to hand up
at this time, a single and separate search prepared by Aquebogue Ab-
stract Company verifying that the property has been held since 1971
in single and separate ownership.
CHAIRMAN GOEHRINGEAR: That's the entire parcel in toto.
MR. WAGNER: That's the entire parcel which is parcels one and two
on the survey. Now subsequent to the purchase of the property, in
1978 there were some modifications made to the existing house on the
premises. The house dates back to the 20's or 30's. So it is a sub-
stantial pre-existing structure. In 1978, there existed at the north
east corner of the house a covered porch. At that time, an applica-
tion was made to the town to place an addition on the structure in the
northwest corner of the structure. Now, I have here a copy of the
sketch that was submitted to the Building Department and is in fact,
contained in the Building Department files which I'd like to submit
to the Board so you can see the state of affairs at the end of '78
on the property. Now, you'll notice on the sketch in the northwest
corner of the property appears the word addition and a dotted area.
Page 2 - Thursday, ~ne 2, 1988
Public Hearing - D~hy Abbott
Southold Zoning Board of Appeals
MR. WAGNER (continued):
That is the area that was added in 1978. To the right of that in
the northeast corner of the property is the pre-existing covered
porch that was attached to the house. Now, the work was performed
in '78 and a certificate of occupancy was obtained. I will submit
a copy of the certificate of occupancy as well. Moving forward
once again, in 1981 additional work was performed on the premises.
At this time, William Beebe contractor, added a deck to the pre-
mises. What the deck did was it added a triangular cantilever
section extending outward from where the pre-existing covered porch
had been. The covered porch was replaced with a deck. A cantilever
section was added bringing the deck to a point facing the Sound. In
addition, the deck was wrapped around the eastern side of the struc-
ture and you can see the current state of affairs out there on the
current survey which shows the deck wrapping around the side of the
premises and extending about 72 inches out from the eastern side of
the building. Now, unbenounced to the applicant, the builder did
not ~ obtain a building permit for the wQrk that was done on the deck.
The applicant assumed that all the required permits had been obtained.
The first knowledge she had of any kind of problem with it was when
earlier this year, she attempted to get a certificate of occupancy
for the building as it exists now. She was in the process of selling
the property. At that time, the Building Inspector advised here that
he could not issue a c.o. and I have the notice of disapproval here as
well. The notice of disapproval that the Building Inspector saw that
there was a problem with the easterly setback. He did not indicate
any problem with a setback from the back. However, after that time,
I was advised by Linda Kowalski that we would also have to make ap-
plication to clear this matter up before a bluff setback variance as
well. So, in summary, we are here tonight to try to get a c.o. is-
sued for this property. We require two variances from the Board. The
first variance is an easterly setback variance to allow the deck to
remain in the current position which is 6½ feet from the boundary
line instead of the required 10 feet. The second variance is a vari-
ance to the 1985 addition to the Town Code which requires 100 foot
setback from the bank facing Long Island Sound. I'd like to handle
both the variances in sequence. We will start with the easterly set-
back variance. As you know, to make out a case for that variance, I
have to demonstrate criteria for practical difficulty. These criteria
are set forth in the case law of Lutzburger v. Vitalis which you are
probably familiar with. I will go through the five factors indivi-
dually as they proceed. The requirement here is for a ten foot set-
back. We are seeking a 6½ foot setback. Therefore, we require a
variance of 3½ feet. I'd like to submit to the Board that 3½ feet
is diminimous at best. It is substantial in terms of the 10 feet on
a percentage basis. In actual terms, 3½ feet is not much of a dif-
ference. The difference in the appearance of the house as the Board
probably knows, is substantial. It's a large area on the side of the
house for access to the deck from the side of the building. The second
factor would be the effect if the variance is allowed, a decreased
population density thus produced on available governmental facilities.
What we're talking about here is a deck. It does not provide for any
additional occupancy of the building. Therefore, it's not going to
~age 3 - Thursday, J~e 2, 1988
Public Hearing - Do~hy Abbott
Southold ~oning Board of Appeals
MR. WAGNER (continued):
result in any strain on governmental facilities at all. The third
factor is whether a substantial change will be produced in the
character of the neighborhood or a substantial detriment to adjoin-
ing property be created. Now, on this point, I would like to point
out first of all, that the structure on the property has been there
for approximately 50 or 60 years. It's been there a long time. It
has been sitting there. The adjoining properties are similiarly de-
veloped with existing structures. I ~act, if the Board has had a
chance to inspect the property, they might have noticed that there
is a bungalow on the westerly parcel right at the edge of the bluff
which is a substantial nonconforming structure. I also have here
tonight, an affidavit from the adjoining property owner on the east,
Grace Raymond. The affidavit is to the effect that she does not
have any objection to the variance as opposed here tonight. I'd
like to hand that up to the Board at this time as well. The next
factor to be considered is whether the difficulty can be obviated
by some method feasible for the applicant to pursue other than a
variance. There's really only one option available to the appli-
cant if they don't get the variance tonight. And that is to loft
the deck off. If you'd had the chance to examine the building and
the structure, we'd have to take off enough space so that the deck
would only protrude 2½ feet from the side of the building which is
a very narrow area for passage to the side of the building from the
deck. In addition, taking off that side of the deck would require
placing new pilings into the subsurface to support the edge of the
deck. The pilings right now are pretty much out towards the edge
of the deck. So they would have to be removed and be replaced by
a new set. This would result in substantial excavation and distur-
bance of the soil. I submit that that's counter productive in an
area of high erosion. The fifth factor is whether in view of the
matter in which the difficulty arose considering all the above
factors, the interest of justice will be served by allowing the
variance. I'd like to,submit to the Board that what occurred here
was really an innocent mistake on behalf of the applicant. The
builder put something up. It's been there now for several years,
innocently. She sought the c.o. just recently for it and was to
her surprise, denied the c.o. I think that it was an act of good
faith on her part. She relied upon the builder. There's nothing
to indicate that anything was tried to be put over on anyone here.
We just have a situation where the homeowner got caught. And in
view of the fact that none of the neighbors have objected to the
variance, the interest of justice would call for not imposing any
kind of hardship on this applicant by forcing the removal of the
deck. That said, I'll move along on to the second variance which
is the bank setback variance. The requirement is for 100 feet
from the bank. There shall b~ no building within 100 feet of the
bank. This is a very laudical requirement in view of the serious
erosion that occurs along the Sound beach. However, we should
point out that this particular structure, the building itself is
pre-existing. A~d if you look at the setbacks that appear on the
survey that has been submitted, the building itself was located
only, the corner of the building notwithstanding a deck, is only
38 feet from the edge of the bank. With the deck included, it's
30 feet from the edge of the bank. I submit that we already have
Page 4 -Thursday, J~ 2, 1988
P~blic Hearing - Dor~y Abbott
Southold Zoning Board of Appeals
MR. WAGNER (continued):
a substantial nonconformity in the existing building. We have in-
creased the nonconformity somewhat but you should also note that
there was a covered porch on there that was also a pre-existing
condition. I've been out to the site myself and I can tell you
that from my measurements, all that's been done is we have added
68 inches of cant~le~e~ deck out from the pre-existing structure
That 68 inches is purely .cantilever. It does not come in con-
tact with the ground at all. So if there's any safety motive be-
hind the 100 foot setback, it is not violated by this particular
projection of the deck. I would submit that the projection on
this deck is an attractive addition to the deck. To remove it
would cause it to look a little odd. It's not increasing any
safety problem out there. I would also submit that in the in-
terest of good faith as well, this ordinance requiring the 100
foot setback, was only enacted in 1985. So if the proper pro-
cedures had been followed in 1981 when the structure was built,
there would have been no requirement to comply with 100 foot set-
back at that time. Another factor in the. ordinance is saying it
is a deck. It does not increase the occupancy. Therefore, it
has no impact on governmental facilities. There is also no in-
creased population density. Substantial change to the character
of the neighborhood, I can't see any. We have just a small piece
of a deck projecting out. There is nothing that can been seen
from the road or anything of that nature. So it's not obtrusive
in any way to the general public. Can the difficulty be obviated.
The only way again, is to loft off the deck resulting in something
that is rather unattractive and it's a very costly thing to loft
off these decks as well. Again, the interest of justice was an
innocent mistake. It doesn't hurt anybody to have the thing there.
It's a very attractive deck. I would submit that it should remain
there. I should make one more point before I close respecting the
sideyard variance. If you had had a chance to observe the property,
you will see that the neighboring property right across the easter-
ly boundary line, is substantially unusable. There's about 10 feet
of property beyond the line. After that there's a cliff that goes
right down to the beach. I don't think that's ever going to be
used over there. Therefore, the setback 'requirement of this par-
ticular deck in its present location, doesn't seem to have much
of a purpose as far as the neighbor is concerned. Thank you very
much. If you have any questions, we're available.
CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would
like to speak in favor of this application? Anybody like to speak
against the application? Questions from Board members? Hearing
no further questions, I'll make a motion closing the hearing re-
serving decision until later.
Ail in favor - AYE.
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, JUNE 2, 1988
Appl. No. 3726
Applicant(s): Cliff & Phill's Lobster House
Location of Property: S/s C.R. 48, Southold
County Tax Map No. 1000-
Board Members present: Chairman Goehringer P. Goehringer,
Members: Doyen, Douglass, Grigonis and Sawicki.
Also Present: Victor Lessard, Building Inspector and Linda
Kowalski, Secretary of Zoning Board of Appeals.
The Chairman opened the hearing 8:50 o'clock p.m. and
read the legal notice for the record.
Motion was granted to waive the reading o.~ the application.
CHAIRMAN GOEHRINGER: I have a copy of a survey of Mr. Coster's
property which is dated December 13, 1968 indicating the sign
placed in approximately 15 feet from the, I guess that's more or
less, the easterly boundary and~ approximately 10 feet from the
more northwest boundary. And a~copy of the sketch of the sign
which shows the sign approximately 4 by 6 indicating the letter-
ing and a~proximately 4 feet above ground. My question is, is
there anybody here? Yes. Sir, is the sign going to be lighted?
MR. KARLIN: No.
CHAIRMAN GOEHRINGER: It will not be lighted., will there by any
directional? Just left. No arrows or anything of that nature?
MR. KARLIN: No sir.
CHAIRMAN GOEHRINGER: Ok. I thank you. Is there anybody else who
would like to speak in~[favor of this? Against it? Hearing no fur-
ther comments, I'll make a motion closing the hearing'reserving de-
cision until later.
Ail in favor - AYE.
TRANSCRIPT OF ~EARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, JUNE 2, 1988
Appl. No. 3721
Applicant(s): Russell E. Planitzer
Location of Property: Wilderness Point,
County Tax Map No. 1000-
Fishers Island
Board Members present: Chairman Goehringer P. Goehringer,
Members: Doyen, Douglass, Grigonis and Sawicki.
Also Present: Victor Lessard, Building Inspector and Linda
Kowalski, Secretary of Zoning Board of Appeals.
The Chairman opened the hearing 8:53 o'clock p.m. and
read the legal notice for the record.
Motion was granted to waive the reading o~ the application.
CHAIR~N GOEHRINGER: I have a copy of a sketch of a survey produced
by Robert A.M. Stern Architects, the most recent date May 12, 1988
received by us on May 16, 1988..~ndicating this parcel. And I have a
copy of the Suffolk County Tax.' I'm talking approximately 5.6 acres.
We'll ask if there's anybody here who would like to speak on behalf
of this.
MR. MCLOUGHLIN: I was asked by Mr. Bruer's office to stay around
for this hearing. And if the applicant or I believe one of the ar-
chitects were supposed to be here to make a presentation and I was
to be here to give them any advice that they might have. I've never
seen the application. I know nothing about it. I would be happy to
take any questions back, however, to Mr. Bruer's office and if they
can be answered by the applicant or someone, I'd be happy to trans-
mit them.
CHAIRMAN GOEHRINGER: We'll see how it goes. I thank you Kevin.
Serge~ would you like to say something about this application?
MR. DOYEN: Yes I would because this has been worked and reworked
as Linda can testify to. I don't think she's probably had any more
communication with an applicant since she's been here. The neighbor,
this has been as the letters in the file indicate, the neighbors have
voiced their opinion pro and con. And to the best of my knowledge,
now the neighbors are in agreement that this is the very best presen-
tation that it can be in the very instances.
CHAIRMAN GOEHRINGER: Are you referring to Dr. Gaducion or is that
who ....
,,,Page 2 -l'hursday, June 2, 1988
Public Hearin~ - ~sell E. Planitzer
Southold Zoning Bo~d of Appeals
MR. DOYEN: Well, Dr. Gaducion and there's another letter. Dr.
Gaducion had a few remarks and his principal objection was the view
he might see from the road and asking for a fence. Then when I sug-
gested that maybe shrubbery, evergreens, whatever the landscapers
or architects used to close the view off from the'road to the pool.
And so he was much happier over that idea rather than having fencing.
So when I spoke to him, he said he had no more objections. And the
other neighbor that you have a letter in the file, said that he
thought this was the very best situation as applied for.
CHAIRMAN GOEHRIN~ER: Ok. What is this progodo area that they're
referring to? What is that?
MR. DOYEN: You've got to thank Linda for the correct pronunciation.
She nailed it down. It's a pierogula. You have all the photographs
there. There's a number of photographs that I've taken.
CHAIRFLAN GOEHRINGER: In order to take the persons, people and the
neighbors in the neighborhood,. two adjoining neighbor%s~feelings,
how much fence, evergreen area are you re~erring to?
MR. DOYEN: This area along here:to block the vire from the road.
Maybe from here to here. From where his property starts here to
back to this area. They may want to do this. When I spoke to the
architect, he was very happy. As a matter'of fact, I think he was
very happy that it came to this. Because after all, they want to
be shielded from the road as much as Dr. Gaducion doesn't want to
see them when he'goes b~ So this is a pretty good presentation
after.working it over after how many drawings did they have. How
many updates and the~ changed the plan a little bit, this little
bit there and they'd send Linda another set of drawings. You see,
this area here, see the house up here? That drops off. Well, here
is the elevation map. It drops off about 30 feet every way around.
This is just sitting on top of a knoll, a hill. Everything drops
off. This is the only flat area they have. Everything else around
the house drops off about 30 feet.
CHAIRMAN GOEHRINGER: Do you want to take a look at this one Kevin?
It's just a minor little, one of the normal little ones that they
build over ....
MR. DOYEN: Look at the view there from the upper part of the struc-
ture. You can see almost over to watch hill.
MR. MCLOUGHLIN: Quite impressive.
MR. DOYEN: It certainly is. It impressed Gaducion down below. It
looks like it's going to overtake him.
CHAIRMAN GOEHRINGER: Hearing no... Is there anybody here... There's
nobody left. Mr. Boschetti doesn't want to come. and he's worried about
the Cove and that.'s all he's here for. So we asked the questions and
there was no one here. So we'll close the hearing. Hearing no fur-
ther comment, I'll make a motion closing the hearing. Thank you.
Ail in favor - AY~.
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of :
Dorothy T. Abbott :
to the Board of Appeals of the Town of Southold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ~ (Special Exception) (Special Permit) (Other) [circle choice]
of Arrirlo TTT: .qanrtnn 100-~l anH Article ~T: Section 100-119.2 of the Tow~ Zonin?
Code.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Property bounded East by lands now or forme, rly of Grace B. Raymond~
South by lands now or forme~l'y of Raymond, West by lands now or formerly of Bennett
& Wheeler, and North by Long Island Sound. (Tax Map No. 1000-21-1-2)
3. That the property which is the subject of such Petition is located in the following zoning district:
"A Residential"
4. That by such Petition, the undersigned will request the following relief: Variances of Article III,
Section 100-31 and Article XI, Section 100-119.2 of the Zoning Code to permit the
lineofthe sub~ent orooerty and thirty (30) feet from the top of the hank landward of the%
Long ~Sh{~l~f~f the Southold Town Zon,ng Code apphcable to the relief sought by the under- '
signedare ~ticle III ~m 100-31: Article XI. Section 100-119.2: Article XII,
6. That witDin five days from the da~e hereof, a written Petition requesti,g the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Soutboid, New York and you may 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.
Dated: May 12, 1988
Dorothv I. Abbott
Petitioner
Owners'Names: Same
Post Office Address
c/o Esseks, Hefter & Angel, Esqs.
108 E. Main St., Riverhead, NY 11901
Tel. No. (516) 369-1700
[Copy of sketch
purposes.]
or plan
showing
proposal
to
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Catherine Stimpson & Sue H. Larson
62 Westervelt Avenue
Staten Island, NY 10301
Jolie Z. Kelter & A.B. Rosenberg
74 Jane Street
New York, NY 10014
Grace S. Raymond
5595 Rocky Point Road
East Marion, NY 11939
John Osgood
Box 141
East Marion, NY 11939
Christ Stratakis & wife
237-39 Park Lane
Douglaston, NY 11363
Frank S. & Margaret E. Rosenberg
2 Victor Court
Oyster Bay, NY 11771
Lucille Viscardi
305 Steamboat Road
Kings Point, NY 11024
Grace B. Raymond, A.B. Rosenberg &
Others
Rocky Point Road
East Marion, NY 11939
Rabbit Lane
ast Marion, NY 11939
ain Road
ast Marion, NY 11939
unerv~ ==~=~== ...... ~ .......... gat Shirley. New York
, being duly sworn, deposes and says that on the ~ day
of [~aY , 19 8~ , 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 Of-
cc~tified~..~(registered) r~ai,. Ynrk
; that said Notices were mailed to each of said persons by
Che~ Batease
Sworn to before me this 12th
Notary Public
OENE~"VE ~
(This side does not have to be completed on form transmitted to adjoining
property owners.)
PROJECT LD. NUMBER
617.:
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/SPONSOR 2. PROJECT NAME
Dorothy I. Abbott Abbott Variance Application
SEQR
3. PROJECT LOCATION:
Municipality Town of Southold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
On Long Island Sound, west of Rocky Point Road (County Tax Map No. 1000-21-1-2)
(see attached survey map).
5. IS PROPOSED ACTION:
[] New [] Exbanslo. [] ModificaRonlaReratIon N/A
6. DESCRIBE PROJECT BRIEFLY:
Obtain variances to permit existing deck to remain six and a half (6.5) feet from
easterly line of property, as built, and thirty (30) feet from the top of the bank
facing Long Island Sound~ as built.
7. AMOUNT OF LAND AFFECTED:
Initially N/A acres Ultimately N/A acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~[No If NO, describe briefly
Existing deck- requires variances of Article III, Section 100-31 and Article XI,
Section 100-119.2 ~of the Southold Town Zoning Code.
9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT?
[] Residential [] Jnduslrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL}?
[] Yes [] NO If yes, list agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If ye~, list agency name and permiUapproval
12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes [] No N/A
I CERT,FY THAT THE INEORMATION PROVlDEO ABOVE IS TRDE TO THE DEST OF MY KNOWLEgGE
AppJicantlsponsor name: John M. Wagner, Attorney for Applicant/Owner
OR,e: 5/12/88
If the action is in the Coastal Area, and you are a state 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 to answer the questions in this short E~ it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? Yes X NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes X NO
3. Will project alter or have a large effect on
an existing body of water? Yes X No
4. Will project have a potentially large impact on
groundwater quality? __Yes X NO
5. Will project significantly effect drainage flow
on adjacent sites? Yes X.___No
6. Will project affect any threatened or endangered
plant or animal species? Yes X No
7. Will project result in a major adverse effect on
air quality? Yes X No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes X NO
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
envircnmental area by a local agency? Yes X No
10. Will project have a major effect on existing or
future recreational opportunities? Yes X No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? Yes X NO
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes X No
13. Will project have any impact on public health
or safety? ~Yes ..X No
14. Will project affect the existing community by
directly causing a growth in permanent popula- X
tion of more than 5 percent over a one-year Yes No
period or have a major negative effect on the
charact~ of the community or neighborhood?
15. Is there public controversy concerning the
project? -- Yes X No
Preparer' s
Signature: ~onn M. ~agner, E~.
Representing: Dorothy I. Abhn~f Ann]~c~t Date:
ZBA 9/75 ' '' · ·
SCHEDULE A
The subject property is under contract of sale from Dorothy
Abbott to W & G Associates.
John M. Wagner
Esseks,Hefter & Angel
108 East Main Street
Riverhead, ~-f 11901
P.O. Dox 369
N~w York 11935
May
Dear Mr. Wac)nor,
This letter is to authouize you to file
whatever forms and applications are necessary to
obtain a variance for the deck on my East
Marion property.
Dorothy I. Abbott
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To: Southold Town Zoning Board of Appea. ls
From: Judith T. Terry, Southold Town Clerk
Dated: April 22, 1988
Transmitted herewith is Zoning Appeal No. 3727
Dorothy '1. Abbott
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
· application of
for a variance. Also included is: Notification to Adjacent Property Owners;
Short Environmental Assessment Form letter relative to NYS Tidal Wetlands
Land Use; Notice of Disapproval from the Building Department; survey of
property; and any other attachments relative to this application.
Judith T. Terry
JANE ANN R, KrATZ
,JOHN M. WAGNER
ESSEKS, HefTER & ANGEL
COUNSELORS AT Law
P. O. Box 279
RIVERHEAD, N.Y. 11901
(518) 3694700
May 12, 1988
$outhold Town Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Attn: Linda Kowalski
:' ' P.O. Box 570
Re: Application for Variances of Dorothy I. Abbott
Dear Linda:
In connection with the above-references application, enclosed
please find the following:
1. Original and two (2) copies of the revised
application;
2. Original revised Environmental Assessment Form;
3. Original revised Adjoining Property Owners Form,
together with Certified Mail Receipts and affidavit of
mailing;
4. Revised Schedule A for ZBA Questionnaire;
5. Four (4) copies of a revised survey for the subject
property dated May 9, 1988; and
6. Copy of a letter from applicant dated May 5, 1988
authorizing me to file necessary forms and applications.
Please substitute the enclosed submissions for the counter-
parts already submitted to you and, if you require any further
submissions or information, please call. I understand that the
public hearing on this application will be held on May 26,
1988.
Very truly yours,
John M. Wagner
JMW: gw
Enclosures
APPEALS BOARD
MEMBERS
Southold Town Board of Appeals
MAIN RE}AD- STATE RDAD 25 SDUTHE}LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
June 2, 1988
GERARD P, GOEHRINGER, CHAIRMAN S .E.Q.R.A.
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR. NEGATIVE ENVIRONMENTAL DECLARATION
ROBERT J, DOUGLASS
JOSEPH H. SAWICKI Notice of Determination of Non-Siqnificance
APPEAL NO.: 3727
PROJECT NAME: DOROTHY ABBOTT
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 sigJifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Insufficient sideyard setback and insufficient
setback from top of bluff along L.I. Sound ~or deck addition
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly knpwn as: 380 Private Rd. #3 (extending off Rocky Point
Road), East Marion, NY 21-1-2
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
(3) Information has been submitte'd* by applicant or hi~ agent in-
dicating that the project will not involve the disturbance of wetland
grasses or areas subject to flooding which may be considered wetlands.
mc
EH ~urs~ ~i~n ~7 of
by the ~
SPecial IVfe~mg i/f ~l~Sb/~t~old
Town Hall,'~fahl Road,
Southold, New York, on
~URSDAY~ at
the following times:
7:30 p.m. Appl No.~Tlg-
PATRICIA . ST~'NER.
Variance to t~ ~ni~-Or-
dinan~ Artic~ ~i, ~tion
1~119.2B for ~i~ to
l~ate n~ dwelli~wi~ an in-
sufficient setback~m eMsting
bulkhead. ~cation of P~r-
ty: 470 Private Road No.12 (off
the South Side of M~n
Road), Southold, NY; County
~ Map ~rcel No. 1~78~5
and 10.2 (now 10.3).
~.7:35 p.m. Appl. No. 3723-
V~iance to the ~ni~ Or-
dinance, Article XI, ~6n
1~-II~2B for pe~igs~n to
construct d~k ad~tion at ~r
of dwelling with an insuffid~t
setback fwm ~isting bulkh~d
at Budd's Pond, 1~5 Budd's
Pond Road, Southold, NY;
Willow Point Su~ivision ~t
No I1; County ~Map ~el
No. 1~-56-5-13:1:~(°? 13).
7:~ p.m. Ap~i. No. 3732-
ROBERT E. BIDWELL.
S~ial Ex, ion to the
Ordinance, Article 111, Section
IC~30B(14) for a Win~ for the
production and fetal s~e of
wine produce~ f~m gra~s
primarily gwwn at the Bidwell
Vin~ards, p~mises located at
the South Side of C.R. 48,
C~tchogue, NY; County ~x
Map Parcel No. 1~.3
(p~. p/o 4.1).
7:45 p.m. Appl. No. 3717-
'FREDERICK KOEHLER~ JR.
Variance to the ~ning Or-
dinanc~ Article XI, ~ion
1~119.2B for permission to
~sting bulkhiad at Cutchogue
Harbor, p~n~ses known as 575
Old Hater Road, N~ Suffolk,
NY; County ~ M~p ~l
1~-117-3-6.
7:50 p.m. Appl. No. 3729-
~ V~
to'the ~ning OMinanc~ Arti-
cle Ill, ~fion 1~31, Bulk
Sch~ul~ tbr: (a) appw~of i~-
surf cent lot 'area or Pr~s~
~t No. 2; (b) app~ of inef-
ficient lot depth 0f p~ ~t
No. 2; (c) approval of ~rd set-
backs as apply fwm the n~
division lin~ to the ~isting
dwellings. ~tion of Pro~r-
ty: Right-of-~y off Bell Hill
Avenu~ Fishers Island, NY;
County T~ Map ~rcel No.
1~-~9-03-~2, containing
3.~ acres.
8:~ p.m. AppL No. 3730-
~. %rian~ to the
S~ion 1~31 Bulk ScheMe
for: (a) appwval of insuffidmt
lot ~ of pro~d ~t No. 1
and ~t No. 2; (b) appeal of -
i~uffid~t lot d~th of p~-
~ ~t No. 2; (c) app~ of in-
sufficimt y~ setbacks ~ app-
. ly from the n~ ~vision Hne
the ~is~ dwelling. ~tion
of Pm~y: No~ Side of
~ach Avenue ~d W~t Side of
Heathulie Avenue, Fishers
Island, NY: County ~ Map
~el No. 1~11-9.1 ~.
9), ~n~Mng 2~ acres.
8:10 p.m. Appl. No. 3731-
F O NTRY
~nanc~ A~icle 111, ~on
1~32 for app~ of ~e pM~
ment of ac~so~ ~ stmc-
tu~ in the from~ ~,
p~mis~ known ~ 256~0 MMn
Road, Cutchogu~ NY; Coumy
~ Map ~el No. 1~1~
~ts 1, 3, 4, and 7.
~8:20 p.m. Appl. No. 3727~
OROTHY ABBOTT.
V~s to the ~Mng ~-~
dinan~: (a) ~cle III, ~ion
1~31, Bulk ~h~ul~ ~d
Article Xl, ~ion 1~119.2~
for app~val of attached d~]
with an insufficient ~t~:
id~ ~ck ~d imu~d~
etback f~m top of bluff ~onl
he Long Island Sound
)~ses known,~ 380 ~ivat
{oad No. 3 (~tending off ~e~
West Side of Rocky ~int}
Road), ~t M~on, ~ Coun~
ty Tax Map Parcel
4~21-1-2.
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ..................... ~ .... weeks
successively, commencing on the ......... ~.~2..~.. ~ ......
...... ,
Sworn to before me this .......... '.'~...~. ~ .... day of
....... ......... .....
Notary Public
BARBARA FORBES
N~ Public, ~ o~ N~ Ym'k
The N.Y.$. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made by thzs board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FOP~M
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? Yes X NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes X No
3. Will project alter or have a large effect on X
an existing body of water? Yes No
4. Will project have a potentially large impact on
groundwater quality? Yes X No
5. Will project significantly effect drainage flow
on adjacent sites? Yes X No
6. Will project affect any threatened or endangered
plant or animal species? Yes X No
7. Will project result in a major adverse effect on
air quality? Yes X No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes X No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
envirc~mental area by a local agency? Yes ~ No
10. Will project have a major effect on existing or
future recreational opportunities? Yes X No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? Yes X No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? __Yes XNo
13. Will project have any impact on public health
or safety? Yes ...XNo
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 XNo
period or have a major negative effect on the
charact~-~ of the community or neighborhood?
15. Is there public controversy concerning the
project? Yes _~No
Representing: v~rothy I, AbbotT, A~iL~tDate: 4/i8/88
ZBA 9/75
617.21
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. PPLICA T ISP NSC ROJECT NAME ·
~grot~y 2. ~bbott ~b~ott Varzance Application
3. PROJECT LOCATION:
Municiga.ty Town of Southold CountySuffolk
SEQR
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
On Long Island Sound~ west of Rocky Point Road (County Tax Map No.
· ~000-21-1-2) (See attached survey map).
5. IS PROPOSED ACTION:
[] New [] Expansion [] Modification/alteration N/A
6. DESCRIBE PROJECT BRIEFLY:
Obtain variance to permit existing deck to remain six (6) feet from
easterly line of property~ as built.
7. AMOUNT OF LAND ~FFECTED: N/A
Initially N A acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER ~ISTING LAND USE RESTRICTIONS? [] Yes [] No if No, describe briefly
Existing deck requires a variance of ArtiCle III, Section 100-31 of
the Southold Town Zoning Code.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
~ResidenUal [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?~
[] Yes ~J~'NO If yes, list agency(si and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~] No If ye~, list agency name and permitlapproval
12. AS A RESULT OF PROPOS~/~TION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[]Yes
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: John ~v[, Wagner~ Attorney for Applicant/OwneNate:
Signature: ~" . ~
/88
C
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
(Continued on reverse side)
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
~TH YOUR APPLICATION FO~4S 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? Yes ~
2.a)Are there any areas which comt~in 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?
Yes
No
3. Are there existing structures at or below ground level,
such as patios, foundations, etc?
G No
4. Are there any existing or proposed fences, cDncrete
barriers, decks, etc?
~ No
If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: ft.
....... N/A
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total: ft.
Yes Q
7. Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed.
Yes G
Are there any building permits pending on this parcel
(or abutting land under your ownership, if any)?
State Permit # and Nature:
Yes Q
10.
11.
12.
DO state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board
Town Board
Town Trustees
County Health Department
Village of Greenport
N.Y.S.D.E.C.
Other
Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. (from contract) See Schedule A
attached hereto.
Is new construction proposed in the area of contours
at 5 feet or less as exists?
If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under the
requirements of Ch. 97 of the Town Code?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
~ No
Yes O
....... N/A
13. Please list present use or operations conducted upon the
subject property at this time One-family residential
and proposed same
Please submit photographs for the record, to the best of my knowledge
I certify that the above statements are true^and are being submitted for
reliance by the Board of Appeals in considering my application.
Signature ~ (Authorized Agent)
John M. Wagner, Attorney for Applicant/Owner
1/88
WETLANDS [Amended 8-26-76 Iby L.L. No. 2-1976 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or wblch border on, tidal waters, or lands
lying beneath tidal waters, which at mean low title
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, meadows, fiats and tidal marsh
subject to such tides ami upon which grows or may
grow some or any of the following: salt hay, bIztek
grass, saltworts, sea lavender, tall cordgrass, hig'h
bush, cattails, groundsel, marshmallow and low
march cordgrass; stat/or
(3) All land immediately adjacent to a tidal wetland as
defined in Subsection Al2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
FRESIIWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Ti-
tle 1, § 24-0107, Subdivisions 1(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 witb-
m seventy.five (75) feet landward of the most land-
ward ed "·
ge ora fieshwater wetland."
9705
2-2S-{45
SCHEDULE A
The subject property is under contract of sale from Dorothy
Abbott to Martin and Veronica Brownstein. The contract is
conditioned upon Dorothy Abbott obtaining a Certificate of
Occupancy for the deck as currently built on the subject
property.
FOItM NO. 4
TOWN o1,' S()lJTIIol,l)
BUILDING I)I']I'AI{TMENT
Town Clerk's Office
Southold, N. Y.
Cerlificale Of Occupancy
N Z9030 May 25
o ........... Date ................ , 19 78.
380 Pvt. Rd. # 3
THIS CERTIFIES that the building located at . ,Ros.enbu~rg Street
Map No ........... Block No. ~. ........ Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this office
dated March 28 19 78 pursuant to which Building Permit No. 9708Z
dated MaY .....5., .......... , 1978 .... , was i}sued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
i.~sued is PRIVATE ONE FAMILY DWEI.I.ING WITH ADDITION
The certificate is issued to Dorothy Abbott
of the aforesaid building.
Suffolk County Department Of Health Approval
( owner,
U/R
UNDERWRITERS CERTIFICATE No. N/R
IfOUSE NUMBER ...........~80 Street Pvt. Rd. # .~-Rosenbur~
East Marion, N.Y.
Building Inspector
Tills I1N'D~, made the 27th day of M a r c h , nineteen hundred sad seventy one
~E"i'WEF~ Grace B. Raymond, residing at (no street number) Rm'ky Poiut Ro:~d,
East Marion, New York, also known as Grace ~aynlonct, individually
and as surviving tenant by the entirety,
the first l~rt, and Dorothy Abbott, residing at (no street number) Rabbit Lane,
East Marion, New York,
part7 o! the second
~TI'lqES$ETI~ that the ~ el ~e tint ~ ~ m~idenfi~ of one & no/100 ($1.00)
do~r~,
m~f~ ~ey o~ ~e U~t~ Sm~,,and other good and valuable consideration, ~id
~ ~e ~ o[ ~e a~d ~, d~l he.by ~t ~ release ~ t~ ~r~ of ~e ~cond pa~, t~ hd~, or
~s~ ~d ~i~ of ~e ~ of ~e ~ond ~ forev~,
ALI, that cetl~L~ plot, piece or l~rcel o! land, with the buildings Lnd improvement~ thereon erected, situate,
lying aadheinl:~ctlmt at East Marion, Town of Southold, County of Suffc~lk .,md
New ¥ork~ bounded and described as fellows:
Parcel No. 1
BEGINNING at a point on the Easterly line of land now or fonmerly of Bennett
and Wheeler at the southwesterly corner of premises herein described and from
said point of beEi~; running thence N. 13° 30' 00' W. a distance of
feet and more or less to the high water mark of Long Island Souud; thence
along the high water mark of Long Island Sound, the tie line of which bears
S. 57o 33' 00" E. 75.14 feet; thence S. 13° 30' 30" E. a distance of :~bout
229 feet to a point; thence S. 13° 30' 00" E. a distance of 67.0 feet to a
point; thence $. 76° 30' 00" W. a distance of 52.25 feet to the point or
place of beginning.
ParCel No. 2
BEGINNING at a point on the easterly line of the parcel described above distant
67 feet on a course N. 13~ 30'00' W. from the southeasterly corner thereof, and
running thence along other property of the party of the first part five courses
as follows: (1) N. 4~ 21'00" E. 26.7 feet, (2) N. 7~ 36' 00' W. 22.1 feet,
(~) N. 6~ ~7' 00" E. 21.6 feet, (~) N. 0° 15' 00" W. 72.7 feet, and (5)
N. 53e ~' 00" W. 5~.35 feet to said easterly line of Parcel No. l, thence
S. 13° 30' 00" E. 179.0 feet to the point or place of beginning. ''~i
o ·TRANSrER TAX, ~ ',,~:~:-N E ,'~ YC ~ ,:
k]dna Bennett
Grace
Raymond
Grace Raymond
SCALE - 60' ' 1"
[ X - Roads shown on "l~p of Marion
G. Richardson" filed in Suffolk County
Clerk's office as Map No. 859]
A. B. Rosenberg (Right of Way)
Aquaview Ay,
6909
TOGETHER with a right of way over the lands adjacent on the west as shown on the
attached diagram and running thence generally southerly and easterly along the
roads and rights of way as shown on "Subdivision Map, Property of Marion G.
Richardson, Situate at Rocky Point, East Marion, New York," filed in the Suffolk
County Clerk's office December 31, 1927, as nl~ number 859, and as are in actual
use, toRocky Point Road.
TOGETHER with all of the right, title, and interest, if any, of the party of the
first part of, in, and to the waters of Long Island Sound adjacent to said premises
and to the lands under said waters.
sUBJECT to any state of facts an accurate survey might show, and to covenants,
restrictions, easements, agreements, reservations, and zoning regulations of
record, if any.
TOGETHER with all rights, t~tle and interest, if ~y, o! the ~ of the first put in and to any stree~
ro~a* abutting the at)ore deacribed premises to the oen. ter ~
TOGETHER with the ~ppurtena. nc~ and nil the eat~te and rights o[ the l~rty o! t~ ~rst ~ in ~d to
said prcr~ises.
TO tL~VE AND TO HOLD the presses herein granted unto tha ~ o! the ~ ~ the heira
successors and assi~s o! tl~ ~ ot the seaxxd part forev~.
AND the party o! the first part covenants that the ptrty of the first p~rt h~ not done c~ sufferezl
whereby the ~aid premises have bee~ i~curnbered in ~ny way whatever, except u aforesaid.
AND the party of the first part, in compli~mce with Section 15 o! the Lie~ L~w, covenants th~ the ~ of
the first part will receive the consideration for this ccmveyance ~'~d will hold tho right to receive such consid-
eration u a trust fund to be applied first for the purpose of p~tying thc cost of the improvement ~ will apply
the same first ~ the payment of the cost of tbe improvement before using ~ny pm't of the total o! the same
~ny other purpose.
Tl~e word "party" shall be ccmstrued ~s if it read "par~Jes" whenever the sense of t~s inde~nture so requires.
[Pi WITNESS WHEREOF, the party of the first part has duly executed this deed the day nnd ye~' first ~bove
written.
/~'/ Grace 1~. R~y~rtond J
STATE OF NEW YORK, COUNTY OFSUFFOLK ss:
On the 27th dry of M a r c h,~qq/ before me
perSOnally came Grace B. Raymond,
to me known~e4~F the individual described In and who
executed t~for/going ins~ument,and acknowl~ged that
STANL~ $. CORW~N
NOTARY PUbLiC, Sf,~t~ at New York
STATE OF N~ YORK, COUN~ OF
On the dry of 19 , before me
personally came
to me known,who, being b~ meduly swoon,did depme end
~y tbac he eeside~ Rt N~
· ~t he ~ ~e
of , the wr~r~tion
In ~nd which ~ the f~g lm~t; that he
know* the ,~1 of hid ~oratlon; that the ~al
I~x~ by ord~ of ~h~ ~lrd of dlr~torl of laid ~rporl-
tion~ end thet he et~ h n*me thereto by like oeder.
6909 175
STATE OF NEW YORK, COUNTY OF
On the day of 19 , before mc
personally came
to me known to be the individual described in and who
executed the foregolnginstrument,andacknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF ' ss:
On the clay of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally scxtusinted, who, being by medu[¥
sworn, did depose Rnd say that he resides at No.
that he knows
to L~ the tndiv[dual
described in ~nd who ex~utcd thc forgoing instrument;
that he, said subscribing wimp, w~ present and sew
execute the ~me; end ch~c he, said wttn~,
· t the time time ~ubscrtbed h name as wlcn~s threw.
With Covenant A~tinst Grtutor's Acts
,~ltle No. -~
Grace B. Raymond
Dorothy Abbott
INTER. COUNTY TITLE GUARANTY
and MORTGAGE COMPANY
C14ARTERfl) 1927 ~ IN NE~ YORK
SECTION
BLOCK
LOT
cot~rY 0g TOYS of Southold
Recorded At R~lUeSt o!
JNTER*COUNTYTit~e Guaranty and Mortgage Company
RETURN BY MAILTO
R.G. Terry, Jr., Esq.
Southold, NY 11971
Zip No.
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter o~ the Petition of
Dorothy I. Abbott
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ~ (Special Exception) (Special Permit) (Other) [circle choice]
of Article III, Section 100-31 of the Town Zonin~ Code.
2. That the property which is the subiect of the Petition is located adiacent to your property and is des-
cribed as follows: Property bounded East by lands now or formerly of Grace B.
Raymond~ SQuth by lands now or formerly of Raymond~ West by lands now or
formerly of Bennett & Wheeler; and North by Long Island Sound. (Tax Map
No. 1000-21-1-2)
3. That the property which is the subject of such Petition is located in the following zoning district:
"A Residential"
4. That by such Petition, the undersigned will request the following relief: A variance of Article
III, Section 100-31 of the Zoning Code to permit the maintenance of an
existinR deck set back six (6) feet from the easterly line nf the
property.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare Art/cie III Sectio~100-31. Article XII: See~ns 100-120 - 100-12~
£-_~1-_LS~et t ?OTr 78(~-~-,- Near ~ork- -To~n i~w- f~n- ~ppro~ ~f- ac~es~-over- r fght~
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
light to appear and be heard at such hearing.
Dated: April ~1, 1988
Dorothy I. Abhnrr
Petitioner
Owners ' Names: same
Post Office Address
c/o Esseks, Hefter & An~el~ Esqs..
108 E. Main St Riverl~ead ~ 11901
Tel. No. ($16) 369-1700
[Copy of sketch or plan
purposes.]
showing proposal to
be attachF~ '~):, c~nventence
NAME ADDRE~r,
Catherine St~mpson & Sue H. Larson 62 Wester
Staten Is
~O~
~a~e 8. Raymon~ 5595 Ro~
East Mar~
John Osgood Box 141 ~
Christ Stratak~s & w~fe 237-39 Pal
ou~_a__o.
Frank S. & Margaret E. Rosenberg 2 Victor I
Oyster Ba,
Luc~lle V~scard~ 305 Steam~
Kings Point, NY 11024
PROOF OF MAILING OF NOTI
ATTACH CERTIFIED MAIL
Grace B. Raymond, A.B. Rosenberg
& rOthers
Rocky Point Road
East Marion, NY 11939
Dorothy Abbott, A.B. Rosenberg
& Another
Rabbit Lane '~
East Marion, NY 11939
Wayland C. Brown
Main Road
East Marion, NY 11939
STATE OFNEWYORK)
COUNTY OF SUFFOLK)
SS.:
William McSteen , residing at 301 Fishel Avenue
Riverhead, New York , being duly sworn, deposes and says that on ~he ?1 ~r day
of ADr~.] ,19 88 , 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 Of-
fice at n~,~-ho~a w~,., YnrL' ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this 22nd
day/e~ Ao~il ~ ~19 88
(William McSteen)
~1~/~. B .I~1010
~uardted in Suffolk County
C~mmissi~ Ex,res AuguSt ~1, !~
(This side does not have to be completed on form transmitted to adjoining
property owners.)