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HomeMy WebLinkAbout3584 Southold Town Board of Appeals MAIN ROAD- STATE ROAD Z5 ~$OUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3584-55 Application Dated November 25, ]986 TO: J. Kevin McLaughlin, Esq. as Attorney for MR. AND MRS. DONALD RITTER 828 Front Street, Box 803 Greenport, NY 11944 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on February 5, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ~ Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(B)[l] (100-3l) [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of DONALD AND JOANNE RITTER for a Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) (100-31) for per- mission to convert existing one-family dwelling to a two-family dwelling. Location of Property: 2585 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-20. WHEREAS, a public hearing was held and concluded on January 8, 1987 in the Matter of the Special Exception Application under No. 3584 for DONALD AND JOANNE RITTER; 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 property in question is located in the "A" Residential and Agricultural Zoning District, is situated along the west side of Peconic Lane, in the Hamlet of Peconic, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 3, Lot 20. 2. The subject premises contains a total area of ll,O00 sq. ft. and frontage (lot width) of 50 feet and is improved with the following structures as depicted by survey revised November 14, 1986, prepared by Roderick VanTuyl, P.C: (a) 2½-story, single-family dwelling structure set back 23 ft. from the front property line, and (b) accessory garage of a size 20' by 20' located in the rearyard area. 3. By this application, appellants request a Special Exception under Article III, Section lO0-30(B), subsection (1) of the Zoning (CONTINUED ON PAGE TWO) DATED: February 5, 1987. Forth ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appli~."No. 3584-SE Matter of DONALD AND JOANNE RITTER Decision Rendered February 5, 1987 Code for permission to establish a two-family dwelling use in the existing single-family dwelling. 4. Column A-180 of the Bulk and Parking Schedule, and Article III, Section lO0-30(B)[1] permits a two-family dwelling by Special Exception, subject to site plan approval by the Planning Board, and a minimum lot area of 160,000 sq. ft., minimum lot width of 270 feet, and minimum lot depth of 250 feet. It is the position of this board that this application as requested for Special Exception use must be denied since this proposal is not in accordance with all the requirements of the zoning code, particularly the lot area, width and depth requirements. Accordingly, this Board is without authority to grant this application. NOW, T~£REFORE, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that a Special Exception for two-family use in existing dwelling, be and hereby is DENIED as applied under Application No. 3584 in the Matter of DONALD AND JOANNE RITTER. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk February 15, 1987 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 public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, JANUARY 8, 1987 at the following times: 7:35 p.m. Appeal No. 3557 ROBERT AND EILEEN M. JOHNSON. Variance to the Zoning Ordinance, Article ×I, Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient setback from tidal water area at premises known as 430 Corey Creek Road, Southold, NY~ District 1000, Section 87, Block 5, Lot 3. 7:40 p.m. Appeal No. 3594 ANNE C. MASON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition to existing dwelling with an insuffi- cient setback from tidal wetland area at premises known as 1250 Lupron Point, Mattituck, NY~ District 1000, Section 1t5, Block ll~ Lot 12. 7:45 p.m. Appeal No. 3585SE - ALVIN AND PATRICIA COMBS. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Buildings other than a hotel,where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms.'' Location of Property: 2500 Peconic Lane, Peconic~ NY; County Tax Map Parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE ~ MARY J. MOONEY-GETOFF. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms." Location of Property: 1475 Waterview Drive, Southold, NY; County Tax Map Parcel No. 1000-78-007-20. 7:55 p.m. Appeal No. 3591 PAUL STOUTENBURGH, JR. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory windmill towelr in excess of maximum-permitted 18 feet height requirement, at 4015 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-98-1-6. Page 2 Regul ar Southold Notice of Hearings Meeting of January 8, Town Board of Appeals 1987 8:00 p.m. Appeal No. 3583 - FREDERICK AND HELEN HRIBOK. Variances to the Zoning Ordinance, Articles: (1) III, Section lO0-31 for insufficient southerly side yard and total side yards, and (2) XI, Section 100-119.2 for insufficient setback from existing bulkhead along Arshamomaeue Pond, for this proposal to construct garage addition To existing dwelling, at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2~4. 8:05 p~m. Appeal No. 3461 HELMUT HASS. Variances to the Zoning Ordinances Article VII, Sections: (1) 100-71, Bulk Schedules for insufficient lot area and lot width; (2) lO0-70(A) establishing existing residential use as principal use of proposed southerly parcel; (3) tO0-70(A) and 100-71 for approval of insufficient livable-floor area in the existing dwelling use of proposed northerly parcel. Zoning District: "B-I" General Business. Location of Property: 35350 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-69-04-2.1. 8:10 p.m. Appeal No. 3552 - JOHN SENKO. (Hearing recessed from December ll, 1986). Variance for shopping- center use in this "B-I" General Business Zone with 30,084 sq. ft. lot area. 8:30 p.m. Appeal No. 3572SE - MICHAEL AND JOYCE MATTES. (Hearing recessed from December ll, 1986). Special Exception for Bed and Breakfast in existing building. /~ 8:45 p.m. Appeal No. 3584SE DONALD AND JOANNE RITTER.~ Special Exception to the Zoning Ordinance, Article III~ Section lO0~30(B) (100-31) for permission to convert existing one-family dwelling to a two-family dwelling. Location of Property: 2585 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-20. _~/ The Board of ^ppeals will hear at said time and place ail persons or representatives desirin9 to Be heard in each of the above hearin§s. prior to the conclusion information, please call Written comments may also be submitted of the subject hearing. For more 765-1809. Dated: December 11, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN Linda Kowalski, Board Secretary TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y, NOTICE OF DISAPPROVAL To . !.~,?~ ........... , .~P~ ~ .~...~.! .......................... PLEASE rAKE NOVICE that your application dated ,..~..~..~'~....~.. o 3.~ ....... 19 .~.~. for pe~it to ~ ............................... ~-. /) ~ ~, ...... . .......... ~ at Location of Property . ~ ~ ~.'~ .... ]. ~. ~-~'~...~ ........ '. ~. ~[~. %~: ............. Hoc,~ No. Street Hamlet County Tax Map No. ~000 ~ectfon .... ~.~. ., Block ;';..~ ~' ...... ~t .. ~ .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following ~ounds . ~.~..~..~)~. / ~gF. ~. ................ ~ .... ~. ........ ~.~ ....... ~ ..... :~.~ ........... .... ~.~ .................. BuilGing Inspector Rv 1/80 ~NN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. -~ 3ate Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), DONALD T. and JOhaNN B. RITTER of 2585 Peconic Lane -- (Residence, House No. and Street) Peconic, New York 11958 (516) 765-5175 (H~mlet, State, Zip ~od~, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 ., SUBSECTION B1 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): to convert a one-family dwelling to a two-family dwelling. A. Statement of Ow,ershio and Interest. DONALD T. and JOANN B. RITTER is(are) the owner(s) of property known and referred t0 as 2585 Peconic Lane, Peconic~ New York (Hous'e No., Street, 'Hamlet) identified on the Suffolk County Tax Maps as Distri6t lO00, Section 074 , Block ,03.__, Lot(s) 020 , which is not ~ on a subdivision Mao (Filed , "MaD of "Filed Map No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on September 16, 1985 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: T~e premises were previously used as a two-family residence and need only very minor alterations to re- establish this use. The property is in a neighborhood of two or more family dwellings, commercial and municipal ~ses and a vacant lot. C. The property which is the subject of this application is zoned A-Residential [× ] is~c~nsi~%¢n% with the ~se(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. cOUnTY OE SU OL ) STATE OF NEW YOR~i sS~: /~//# ~ ~ (rev. 2/6/86) fi~ and OWNER STREET CARD SUB. LOT FORMER OWNER ~ R[S.. /O S~S. VL ~FA~ ].AND IMP. TOTAL ACR..~, ,/ 'TYPE OF BUILDING COMM. CB. MISC. Mkt. Value REMARKS / AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM TiHab!e 2 Tilioble 3 Woodland Swampland Brushland Volue Per Value Aqre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM _ ~ z ~ [ jBasement Extension 3 ff /~ ~ ~ 6 ~ ~: ,~.~-~~' Walls Extensbn "iFire Place Type Roof Porch Recreation Room Porch Dormer Breezeway D r ivewoy Garage ~,o X~-,~ z f"~' ~' /,.~0 ~ f~ Patio O.B. Bath Floors Interior Finish Rooms ]st Floor Rooms 2nd Floor Dinette K. LR. DR. BR. FIN. .2: / / Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 16, 1987 J. Kevin McLaughlin, 828 Front Street P.O. Box 803 Greenport, NY 11944 Esq. Re: Appl. No. 3584 Donald and Joanne Ritter (Special Exception) Dear Mr. McLaughlin: Transmitted for your record is a copy of the recent and determination rendered in the above matter. findings Copies of same have also been transmitted to the Planning Board and Building Department for their records. The original is simultaneously being filed with the Office of the Town Clerk. Yours very truly, GERARD P. GOEHR[NGER .~n~IR~AN ~-x/~ , , Enclosure SOUTHOLD TOWN BOARD OF APPEALS MATTER OF DONALD AND JOANNE RITTER THURSDAY~ JANUARY 8~ 198~ PUBLIC HEARING 9~17 p.m. Appeal No. 3584SE - Public Hearing commenced in the Matter of DONALD AND JOANNE RITTER. Special Exception to con- vert existing one-family dwelling to two-family use. 2585 Pe~ conic Lane, Peconic. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey, the most re- cent date of November 14, 1986 indicating a 2~ story framed house approximately 23 feet from Peconic Lane and basically on the north property line and a garage in the rear of the property. And I have a copy of the Suffolk County Tax Map indicating this property and surrounding properties in the area. Mr. McLoughlin would you like to be heard? MR. MCLOUGHLIN: I represent the Ritters. I'm an attorney at 828 Front Street, Greenport. The building in question is approximately 200 years old and I believe up until approximately 4 years ago, it was being utilized as a two-family home° The Ritters purchased the property in %985 at which time it was not in use as a two-family home. There are only very very minor alterations that need to be done to re-establish it into two plats or two homes. The neces- sary methods of ingress and egress are already there° It's just a matter of. cutting out a former doorway and re-establishing a separate front entrance for the upstairs° Also if you'll notice on our survey, we have indicated an addition to the existing earth driveway to the north of the garage to continue on and provide for additional parking space. There's a two garage here. With the ad- ditional space we would have 3 off street parking spaces at least and certainly room for more. The neighborhood surrounding the sub- ject property is by in large, multi-family and commercial° Direct- ly across Peconic Lane from the subject property are two houses. One of which contains 3 apartments. The other one of which con- tains 2. The post office is just slightly north of those two houses. That building also contains a store and a laundromat. Directly north of the subject property is the Henry Smith Fuel Oil Company. Directly behind the property and to the south of the property is vacant land. I think with the character of the neighborhood as it presently exists, the reconversion of this premises into a two family house certainly would have no adverse impact on the neigh- borhood. So we would respectfully submit and request the Board to grant the special exception to reconvert this house to a two family dwelling. CHAIRMAN GOEHRINGER: Can I just ask one question. Is there any... I'm aware that the applicant and you being his agent, have (more than an agent, an attorney) applied to us for the two-family use. And as you know, in the audience the question was asked; what are the requirements for a two-family use. I was just wondering bear- ing that in mind, it's encumbant upon me to tell you that we are not allowed to vary a special exception. We are not permitted to do.so. And I would invite the applicant or the applicants to (If Page 2 - January 8, 1987 Public Hearing - Donald and Joanne Ritter Southold Town Board of Appeals CHAIRMAN GOEHRINGER: (continued) they so desire) come back for the accessory apartment which I think by special exception, we could grant it in an instance like this. You know the acreage is a standard thing and you will note in many of the past applications before this Board we have not varied it in any way manner or form. So we will definitely discuss it. We will see what we can deal with. We have gentlemen on this Board that have been here for 30 some years and remember these houses so on and so forth. So you know we're definitely going to deal with it. But if the situ- ation does not go in that particular fashion, I might suggest to the applicants that they come back for that particular use which I consider to be very close to the two-family status. ~ Except of course that it requires owner occupancy and I assume they are occupying the house at this time. MR. MCLOUGHLIN: Currently they are. CHAIRMAN GOEHRINGER: So possibly that might be a better ave- nue if we were to turn it down and that was the purpose of the establishment of that law because we know of the quite restric- tive nature of the two-family status and that was the purpose of the installation of the accessory apartment which we have granted in a few instances and even in properties probably small- er than this. So we thank you for coming in and presenting this and we invite you that if the situation does not come to fruition that you deal with it on the other basis. Alright. MR° MCLOUGHLIN: Thank you. CHAIP~IAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor? MRS. COMBS: I live to the south of Mr. Ritter and I personally have no objection if he goes accessory to the family because it may CHAIRMAN GOEHRINGER: Thank you very much Mrs. ~o. mb$. Is there anybody who would like to speak against? Hearing no further questions, I make a motion closing the hearing and reserving decision until later. Ail in favor - aye° Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 ROUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TELEPHONE (516) 765-1809 January 8, 1987 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3584 SE PROJECT NAME: DONALD AND JOANNERITTER 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 signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: S~ecial 'Exception to convert existing one- family dwelling to two-family use. LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more particularly known as: 2585 Peconic Lane, ~econic,~ NY 74-03-20 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 is an application concerning use of the premises and is not directly related to new construction. (3) The relief requested is not directly related to new building c°ns~~ER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to t~e applicant or his agent and posted on the Town Clerk Bulletin Board. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town La w and the Code of the Town of Southold, the follow, lng public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Soutk- old, NY at a Regular Meeting on THURSDAY, JANUARY 8, 1987 at the following time~: 7:35 p.m. Appeal No. 358~/ -' ROBERT AND EILEEN M: JOHNSON. Variance to the' Zoning ordinance, Article XI', Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient setback from tidal water area at premises known as 430 Corey Creek Roea qouthold, NY', Dis: trict 1000, -z~ lion 87, Block 5, Lot 3. 7:40 p.m. Appeal No. 3594 ANNE C. MASON. Variance to~¢ the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to construct deck addition to existing dwelling with an insuf- ficient setback from tidal wet- land area at premises known as 1250 Lupron point, Mattituck, NY; District 1000, Section 115, Block 11, Lot 12. 7:45 p.m. Appeal No. 3585SE -7, ALVIN AND PATRICIA cOMBS. Special Exception to the Zoning Ordinance, Articl~ III, Section 100-30lB} for permi~ sion to establish "Bed and Breakfast Use, an Owner-Ce- cupied Building, other than a hotel, where lodging and break- fast is provided for not more than six casual, transient room- ers, and renting of not more than' three rooms." Location of Prop- erty: 2500 peconic Lane~ Peconic, NY; County Tax Map* parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE MARY J. MoONEY' ~ETOFF. Spec al Exception to the Zoning O -,inance, Arhc. le III, Section 100-d0(B) for permt~ sion to establish "Bed and Breakfast Use, an Ownsr'O~° cup ed Building, other than a hotel, where lodg ng and break- fast is provided for not more than six casual, transient room- ers, and renting of not more than three rooms." Location of Prop- erty: 1475 Waterview Drive, Seuthold, NY County Tax Ma~ parcel No. 1000-78-007-'20. 7:55 p.m. Appeal No. 3591 -- PAUL STOUTENBURGH, JR. Variance to the Zoning Or: dinance, Article III, Section 100~ 32 for permission to locate acces- sory windmill tower in excess of maximum-permitted 18 fee~ height requirement, at 4015 Skunk Lane, Cutchogue, NY; County Tax Map parcel No. 1000 98-1 6 8:00 p,m. Appeal No. 3583 -- FREDERICK AND HELEN HRIBOK. VarianceS to the Zon- ing Ordinance, Articles: (1) Ill/~ Section 100-31 for insufficieh$ southerly side yard and total side yards, and (2) XI, Section 100-t19.2 for insufficient set- back from existing bulkhead along Arshamomaque pond, for this proposal to construct garage addition to existing dwelling, at 90 Carole Road, Seuthold, NY; County Tax Map parcel N~. 1000-52-2-4. 8:05 p.m. Appeal No. 3461- -- HELMUT HASS. Variances to the Zoning Ordinance, Article VII, Sections: (1l 100-71, Bulk Schedule, for insufficient lot area and lot width; (2l 100-70lA} establishing existing residential use as principal use of proposed southerly parcel; (3) 100-70(Al and 100-71 for approval of insuf- ficient livable-floor area in the existing dwelling use of prop- esed northerly parcel. Zoning District: 'B-I' General Busi~ ness. Location of Property: 35350 County Road 48, Peconie, NY; County Tax Map Parcel No. 1000-69-04-2.1. 8:10 p.m. Appeal No. 3552- JOHN SENKO. (Hearing reces- sed from December 11, 1986), Variance for shopping-center use in this "B-l" General Busi- ness Zone with 30,084 sq. ft. lot ar~:a~0 p.m. Appeal No. 3572SE .. MICHAEL AND JoYCE MAq~ES. (Hearing recessed from December 11, 1986l. Spec- ial Exception for Bed and Bceak- ..st in existing building. 8:45 p.m. Appeal No. 3584SE RIq'rER. Special Exception ? t the Zoning Ordinance, Arti~el.~, ] ;:,, o..~ct on 100-30(B) (lO0-Br) / ~' pegmiszion to convert exist- k lng one-family dwelling to a ;~. ~ ;1~ dwelling Location of sss5 eco.ic t ne, \ pec~ic~, NY; County Tax Map \ Parcel No. 1000-74-03:20. ...._~ ~ The Board of Appeals will 'X-hear at esid time and place all lng to be heard in each of the prior to the conclusion of the Dated: December 11, 1986. BY ORDER OF~ THE soUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linde Kowalskl, Board Secretary STATE OF NEW YORK COUNTY OF SUFFOLK of Oreenport, In Carol ,~ga said County, being duly sworn, says that ho/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport in the Town of Southoid, County of Suffolk end State o! New York, and that the Notice of which the annexed is s printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 24 day of Dec 19_8 /pr~Clark Sworn to before this ]'o .... ,:% ~ebruar~./~9 cY NOTICE. OF HEARINGS NOTICE IS HEREBY. GIV- EN, pursuant to Section 267 of the Town Law and thc Code of the Town of Southold, the following public heatings will be held by thc ~outhold Town Board of Appeals at the Southold Town Hall, Main Road, Southotd, NY at a l~guiar Meeting on THURS- DAY, JANUARY 8t following times!. · 7:35 pan. Appeal No. 3~87- ROBERT AND EILEEN M. JOh~q~ON, Vlmance to me ~inance, Article XI, Section 100-119.2 for permalon to construct addition to existing dwelling with an insufficient set- back from tidal water area at premises known as 430 CoRY Creek Road, Southold, NY; District 1000, Section 87, Block 5, Lot 3. 7:40 p.m. Appeal No. 3594- ANNE C. MA.~ON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to construct deck addi- tion to existhig dwelling with an insufficient setback from tidal wetland area at premises known as 1250 Lupton Point, Mat- tituck, NY; District I000, Sec- tion 115, Block 11, Lot 12. ' 7:45 p.m~Appeal No. 3585SE- ALVIN AND PATRICIA COMBS. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30(B) for per~' mission to establish "Bed and Breakfast Use, an Owner- Occupied Building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, ~nd renting of not more than three rooms:' Loca- tion of Property: 2500 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-24,2. 7:50 p.m. Appeal No. 35888E. MARY J. MOONEY-GETOFF. Special Exception to the Zoning Ordinance, Article I11, Section 100-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel,' where lodging and breakfast is. provided for not more than six casual, transient roomen; and renting of nbt more than three rooms:' Location of Property:. 1475 Waterview Drive,. Southold, NY; County ~ Map' Parcel No. 1000-78-007-20. 7:55 p.m. Appeal No, 3591- PAUL STOUTENBURGHt JR,. Variance to the Zoning Or-. dinance, Article 111, Section 100-32 for peamis~ion to locate ncce~ol'y wiDdmiH to~a':m e~- cess of m ,aximU~-peru~itted feet height requirement, at 4015 Skunk Lane,. Cutchogue, County 'lkx Map Parcel No.. 1000-98-1-6. ~,~ .-: . ' 8:00 pan; Appeal No, 3583-~' FREDERICK AND HELEN HRIBOK. Variaoces to the Zon- Section 100-31 ~ ~de yard~ and (a) m, S~qlo~. ' 100-119.2 for Arshamomaque ,l~iid,. fol' ~, dition m exi~lh8 dwelling, at 90 Carnie Road, .8outhold, NY; County '1~ Map Parcel No. 1000-52-2-4. ' C~{~{IINTY 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 Ts~veler-Watchman once each week for ...................... weeks successively, commencing on the <c~- ~/~ Sworn to before me this ..................... day of ~-'~'-/--'-- 19 °O'~' 8:05 p.m. Appeal No. 3461- HELMUT HASS. Variances BA R!L'k RA FORBES Nol.,,ry J't;Lii , St:tie o£ New York QultqFj~,} in ~ollt,lk County thc Zoning Ordinance, Article VII~ Sections: (1) 100-71, Bulk' Schedule, for insufficient lot' area and lot width; (2) 100-70(PO ' establishing existing residential. use as principal use of propoS~ 'ed southerly parcel; ($) 100-70(A) and 100-71 for ap- proval of insufficient livable; floor area in the evdstlng dwe~, lng ns~ of proposed northerly* parcel Zoning District: "B-I" General Business. Location or' Property: 35350 County Road, 48, Peconic, NY; County Tax Map Parcel No. 1000-69-04-2.1. 8:10 p.m. Appeal No. 3552- JOHN SENKO. (Hearinli recessed from December II,. 1986). Variance for shopping- center use in this "B-I" Genend Busine~ Zone with 30,084 sq. ft. :lot area. 8:30 p.m. AppealNo. 3572SE4~ 'MICHAEL AND JOYCE MAi t't~S. (Heating recessed' f}'~-=I~cember '11, 1986). ,, Special Ex~ptton for Bed . Breakfast in existing.buildi~. DONALD' AND JOANNE~ ~ Spedai ~ F.,21~12tioW ~o :the Zonln~ Ordinance,' ArtiCle II1, Seellon~ 100.30(B) (100-$1) to~ ~un to convert ~- isting 0n~.fnmi!y 'dWelling to~ Swo-f~k~ilyl dwellin$. Locafiati~ Peconlc, NY; County Tax. M~ Parcel No. 1000.-74-03-20. ~ The Board of Appeals will hear at said time and place ldl person~ or ~presentafives deslrz lng to be heard in eaCh of the above hearings Written corn- ments may also be submRtl~l . prior to the conclusion of t§~ subject hearing. For more intOr; marion, please call 765-1809~ Dined: December 11, 1986' BY ORDER OF THE SOUTHOLD TOW~ BOARD OF APPEA ~.LS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowaiski, Board Secretary IT-t2/25/86(6) Southold Town Board of Appeals MAIN RnAD- ¢JTATE RI]AD 25 cIDUTHI3LD, L.I.. N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ¢,[RARO P. GOEHRINGER, CHAIRMAN C~ARL£S GRIGONI$, .IR. SERGE DOYEN..IR. I<OBERT J. DOUGLASS JOSEPH H, SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event thdre are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very ~,~_ -- G'['RARD'P. GOEHR~NGER CHA~'RHAN Enclosure Linda .Kowalski Secretary and Board Clerk Page 3 - Mailing List Public Hearings - January 8, 1987 Southold Town Board of Appeals Copies by mail to the following on or about 12/19/86: Mr. and Mrs. Robert E. Johnson, 40-24 208th St., Bayside, NY 11361 Bob Koch & Son, for Anne C. Mason Woodcliff Drive, Mattituck, NY 11952 Mrs. Anne C. Mason, 709 Vivienda West Blvd, Venice, FL 33595 Mr. and Mrs. Alvin Combs, 2500 Peconic Lane, Peconic, NY 11958 Mrs. Mary J. Mooney-Getoff, Box 377, Southold, NY 11971 Mr. Paul Stoutenburgh, 4015 Skunk Lane, Cutchogue, NY 11935 Mrs. P.C. Moore, Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for Mr. and Mrs. Frederick Hribok Samuel J. Glickman, Esq., ll4 Main Street, Greenport, NY 11944 for Mr. Helmut Hass J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944 for Mr. and Mrs. Donald Ritter Stephen R. Angel, Esq., 108 E. Main St, Box 279, Riverhead, NY Daniel C. Ross, Esq., Main Road, Box 1424, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A., Box 1412, Southold, NY 11971 ll901 Barbara L. Coughlin, Esq., McNulty, Dipietro & Haefeli 130 Ostrander Avenue, Riverhead, NY 11901 for Mr. and Mrs. Mattes Mr. and Mrs. Douglass Shaw, Breakwater Road, Mattituck, NY 11952 Mr. and Mrs. Henry Haan, 340 Breakwater Road, Mattituck, NY 11952 Mr. and Mrs. Michael Mattes, 50 Luther Road, Box 831, Mattituck 11952 Z.B.A. Members Posted on the Town Clerk Bulletin Board 12/19/86 Z.B.A. Office Bulletin Board 12/19/86 Building Department 12/19/86 Suffolk Times 12/22/86 L.I. Traveler 12/22/86 JUDITti T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD NOvember 25, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3584 application submiited by J~. Kevin McLaughlin for Donald and Joanne Ritter for a Special Exception. Also included are accompanying papers as outlined in the letter of transmittal from J. Kevin McLaughlin, dated November 24, Judith T. Terry Southold Town Clerk 1986. ATTORN~ 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 November 24, 1986 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Special exception for 2585 Peconic Lane, Peconic, New York Gentlemen: I have enclosed Notice of Disapproval, Application in triplucate for special exception, Notice to Adjoining Property Owners, Short Environmental Assessment form, Wetland letter, four (4) copies of survey, copy of deed, and the filing fee in the sum of $75.00. Please advise me of the date and time of the public hearing in this matter. JKM:kk Enclosures Very truly yours, BOARD OF APPEALS. TOWN OF SOUTHOLD : In the Matter of the Petition of : DONALD and JOANN RITTER : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER HENRY and STELLA SMITH FRANKLIN OVERTON RICH 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~kgi~J.Ya~ (Special Exception)~~ ). 2. That the property which is the subject of the Petition is located adjacent to your I~roperty and is des- cribed as follows: 2½ story house located at 2585 Peconic Lane, Peconic, NY, designated on the Suffolk County Tax Map as District 1000, Section 074.00, Block 03.00, Lot 020.00 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: To convert the exist- ing one-family residence into a two-family residence. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100-31 Bi [ ] 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. (5'16) ?~-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November ~ , 1986 Petitioner Owners ' Names: DONALD and JOANN RITTER Post Office Address Box 21. 2585 Peconic Lane Peconic~ New York 11958 (Tel. (516) 765-5175 - P 402 104 012 ~ Mr. & Mrs. Henry Smith Robinson Road Peconic, NY 11958 .22 .75 PROOF OF MAILING OF NOTIC£ ~TTACH CERTIFIED MAIL RECEIPTS ADDRESS Robinson Road Peconic, New York 11958 Cove Road Stonington, Connecticut 06378 .7O . 1.67 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: KATHY M. KLINGE , residing at 1045 Washington Avenue, Greenport, New York , being duly sworn, deposes and says that on the (~TA/V"h day of November , ! 9 86 , 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- rice at Greenport, New York ; that said Notices were mailed to each of said persons by (certified) (ee~m:e~t~ mail. (This side does not have to be completed on form transmitted to adjoining property owners.} · PROJECT NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · DIVISION OF REGULATORY AEFAIRS 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. AppJicant~sponsor 2. Project Name DONALD & JOANN RITTER 3. Project location: 2585 Peconic Lane Municipality Peconic County Suffolk 4. Is proposed action: [] New [] Expansion [] Modification/alteration conversion to two-family residence S. Describe project briefly: Conversion to a two-family residence from a one-family residence· This house has previously been used as a two-family residence and requires n~inor alterations to re-establish this use (reopen second doorway, provide secondary access to second floor). 6. Precise location (road intersections, prominent landmarks, etc. or provide map} See annexed survey 7. Amount of land affected: Initially .25 acres Ultimately .25 acres 8. Will proposed action comply with existing zoning or other existing land use restrictionsf [] Yes [] No If No. describe briefly Need site plan approval and special exception for a two-family residence 9, What is present land use in vicinity of project? ~ Residential [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other .. Describe: One-family reside~n~ce (2½ story frame house) on lot 220'x50' 10. Does action involve a permiUapproval, or funding, now or ultimately, from any o her governmental agency (Federal, state or Iocal)f ~ Yes [] NO If yes, list agencv(s} and permitJapprovals Southold Town Planning Board - Site plan approval. Southold Town Board of Appeals - Special Exception to convert to a two-family residence 11. Does any aspect of the action have a currently valid permit or approvalf [] Yes [] No If yes. list agency name and permitJapproval type 12, As result of proposed action will existing permit/approval require modificationt N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUspon$ot name: DONALD RITTER Date: iiI 1~186 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 Novembe~ , 1986 (Today's D.~tel To: $outho!d Town Board of Appeals ~ '. Main Road Southold, NY 11971 Re: Appeal Application of Donald T. and Joann B'. Ritter Location of Property: 2585 Peconic Lane, Pecogic, New York Dear Sirs: not In reference to the New York State Tidal Wetlands Land-us Regu[ations, 6 NYCRR, Part 661, and Article 25 of the New York Staze. Environmental Conservation Lat.;, please be advised tha~ t~ subjeo~ property i,n the within appeal application: '(please check One box)' [ ] May be located 5~ithin 300 feet of tidal wetlands however, constructed along the v/ater-lyin~; edce of this property is a bulkhead in very good ' condition and at least 100 fee~ in ~length. ~ [ ] May b'e 'located wil:hin 300 feet of tidal wetlands however, con~.uc_~d along the watCr-lyin? edge of this proper~y is a bulkhead in need of (minor~ (major) ~ '~ , r~pal, s and aDDr~xi..nate 1 y length. ~- - feet in [ ] [ ] o[xx] appear to May be located within 300 feet of tidal wetlands; ho:¢ever constructed along the ' wa~e, lying edge of this property is a bulkhead legs than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or '~ ~-~,, · con ..... wall on the premises. Is not located within 300 feet of tidal Wetlands to tho best of my knowlodcje.* [:;tarred itc:ns (*) indicate your p'-'operty fall within the jurisdiction of the N.y.s. D.E.C. Sincerely ,/ours, NOTE: If proposed project falls wit'~in D.E.C. jurisdiction, approval must be received an¢] Submit~6d to our office befoce your application can be scheduled for a public hca~:ing. 1000 Dist. 074.00 Sec. O3.0O 20.000 Lot CONSULT YOUR LAWYER BIIIORI SIGNING THIS INSTRUMI NT -THIS INSTRUMINT SHOULD BI USED BY LAWYERS ONLY THIS INDENTURE, made the /~ "tH ::day of Sept~nher , nineteen hundred and eighty-five BETWEEN residing at 2585 Peconic Lane, Peconic, New York 11958, as to a one-half undivided interest, and IY_flN GORDflq, residing at 400 East Road, Mattituck, New York 11952, as to a one-half undivided interest, party of the first part, and D~NALD T. RI'£r~R and JOAbl~ B. RI'££~l, his wife,.both residing at 2585 Peconic Lane, Peconic,: New York 11958, party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Peconic Lane distanct 169 feet southerly from land of Long Island Railroad Company; RUNNING THENCE along land formerly of Annie Prince and now or formerly of Henry J. Smith (1) North 54 degrees 10 minutes 00 seconds East 82.78 feet; (2) North 56 degrees 12 minutes 50 seconds East 137.26 feet; and (3) South 34 degrees 33 minutes 20 seconds East 50 feet; THENCE South 55 degrees 26 minutes 40 seconds West along land now or formerly of James H. Rich Estate 220 feet of the easterly side of Peconic Lane; THENCE North 34 degrees 33 minutes 20 seconds West along the easterly side of Peconic Lane 50 feet ~o the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part by deed dated July 9, 1985 and recorded in the Suffolk County Clerk's office on July 24, 1985 in Liber 9837, Page 595. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and 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 of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AI'~D the. party of the first part in compliance with Section 13 of the Lien Law covenants that the party of ' ' ' thc first ~art will receive the consideration for this conveyance and will hold the right to receive such consid- II ' dration as a.16'ust fund to be applied first for the purpose of paying the cost of the improvement and will apply .~...the ~Same fir. st 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 indentpre $o requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: I~K-AL TS ~ ATE 'i OCT ? ~ ~L;l)~~'j~ TR,t~N~FER 'tAX CUFPOLK CC)UN'fY STATE DP NEW YORI~ COUNTY OF S~io~ SS: On the /~ day of Sep~er 19 85, ~fore me personally came ~'~ T. ~'xT~ ~d J~l B. ~'r~ to me known to be tbe individual s descried in'and w~o executed the {ore~oin~ insimment, and.acknow[ed~ed ihat they executed the ~me. .i Not~ ~lic DIANE I. PETERSON -:OTARY PUBLIC, Stale uf Nk'w Yetk lb. 462580G. Suffolk CeuntD., · Term Expires March 30, ID.L~ STATE O1~ NEW YORK, COUNTY DP SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of did corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors' of said corpora- tion, and that he signed h name thereto by like order. STAT! OF HIW YORK, COUNTY DP Suffolk SS: On the ]3~s- day of Septer~er 1~35 , before me personally came to me known to be the individual described in and who executed ntbe foregoing instrument, and acknowledged that he '~ecuted th._e s~eJ Notary public I/FRONICA F. CIDONF NOTARY PUBUC, STATE OF NEIAr YORK NO. G2-4561405 O,U.A~LIFIED /N SUFFOLK COUNTY CO,¥,/v;/$SION EXP/RES MARCH 30. 19~'~ STATE OF NEW YORK. COUNTY OF SS: 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. WITH COVENANT AGAINST GRANTOR'S ACI~$ TITL[ NO. 85-52-51200 I~tAI_D T. R.L'r£~, JOA~ B. P,J.'£f~R and LEON GORDO~, TO I~LD T. RL'£I'~ and JOANN B. PITIER. STARRARO FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by CHICAGO TITI,B INSURANCE COMPANY szCnON 074.00 BLOCK 03.00 ~OT 020. 000 COUST~ ~ Suffolk Town of Peconic Reoorded at RequesI o~ CHICAGO TITLE 1NSURANC~ COMPANY R~um ~ Mailto Jamms Spiess, Esq. McNulty, DiPietro & Haefeli, Esqs. 130 0strander Avemue P.O. Box 757 Riverhead, New York Zip r~o. 11901