Loading...
HomeMy WebLinkAbout3519 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 Appeal No. 3519 Application Dated May 28, 1986 TO: Rudolph H. Bruer, Esq. as Attorney for STEVEN P. SANDERS Main Road, Box 1466 Southold, NY 11971 OF APPEALS & ANO. TELEPHONE (516) 765-1809 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January~ 8, 1987 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III, Section ]00-3], Bulk Schedule [ ] Request for Application of STEVEN P. SANDERS & ANO Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot area, width and setbacks in this pending set-off division of land. Location of Property: Private Right-of-Way located off the north side of Bay View Avenue, Mattituck, NY, County Tax Map District lO00, Section 106, Block 06, Lot 36. WHEREAS, a public hearing was held and concluded on November 1986 in the Matter of the Application of STEVEN P. SANDERS & ANO. under Appl. No. 3519, and 20, 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 located along the east side of Bay View Avenue, Mattituck, having a total area of 63,224± sq. ft. in area (inclusive of ':beach" areas and right-of-way), and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 06, Lot 36. 2. By this application, appellants request an area variance for proposed Lots #1 of 27,000 sq. ft. and #2 of 36,224 (inclusive of beach areas), as shown on Sketch Plan Map amended April 30, 1986, [and subsequently verified by letter dated March 10, 1988, prepared by Roderick VanTuyl, P.C. 3. Existing upon the premises are two one-story, single-family dwellings with patios. It is noted that Certificate of Occupancy #Z-14091 has been issued dated December 13, 1985 indicating the preexistence of the nonconforming lot area, second dwelling, and insufficient sideyard setback. (CONTINUED ON PAGE TWO) DATED: March 17, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWI~ ZONING BOARD OF APPEALS Page 2 Appeal No. 3519 Matter of iSANDERS & SCHWARTZ Decision R~-~er-~-~'~-January '8-~, 1987 4. In viewing the character of the neighborhood, it is found that five of the eight immediate lots surrounding this propert~ are smaller, having an area of less than one-half acre. T~e remaining three immediate lots contain an area of approxi- mately 43,000 to 30,000 sq. ft. 5. It is the understanding of the Board that the well and sanitary systems servicing the two residences have been in existence and use since prior to April 1957 (see Affidavits of Steven P. Sanders dated October 14, 1986 and Dorothy Z. Byrne dated November 20, 1985). 6. It is the position of the Board that the improvements have existed sihce prior to the enactment of zoning (1957) and therefore will not create an increase in the density of the residential nature of the property. In considering this appeal, the Board also finds and determines: (a) the relief requested is substantial in rela- tion to the requirements, at precentages of more than 30%~ (b) the nonconformity of the property is unique; (c) the relief requested is the minimal necessary under the circum- stances, and there is no other method feasible for appellants to pursue, other than a variance; (d) there will be no substantial change in the character of the area since each lot as proposed is improved with a single-family dwelling with separate well and sewage systems; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the Town; (f) there will be no increase in population density since each lot will contain an existing dwelling~ (g) in consideration of all the above factors, the interests of justice will be served by allowing the variance. Accordingly, on motion by Mr. Douglass, seconded by Mr. Gri§onis, it was RESOLVED, to APPROVE the i,Asufficient area of proposed Lot No. 1 of 27,000 sq. ft. and Lot No. 2 of 36,224 sq. ft. (inclusive of beach area), and insufficient width and depth, as more particularly depicted on Map prepared by Roderick VanTuyl, P.C. amended April 30, 1986, for STEVEN P. SANDERS and ALBERT SCHWARTZ, and per letter dated March 10, 1988 verif{ed by Roderick VanTuyl, P.C. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Douglass. (Member Goehrin§er abstained. Member Sawicki was absehto) This resolution was duly adopted. lk C'HARLES GR!GON]~, CHAIRMAN PRO TEM fRECEIVED AND FILED BY Tile 50UTii©LD T©'~VN C~2.i~i Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-180g ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 35]9 Application Dated May 28, ]986 TO: Mrs. PatrJcia C. Moore Rud0]Dh H. Bruer, 55q. as Attorney for STS¥£N P. $ANDSR$ AND A[BSRI SCHWARTZ Main Road Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on January 8, 1987, the above appeal was considered, and the action indiqated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk $chedu]e [ ] Request for Application of STEVEN P. SANDERS & ANO. for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for approval of insuffi- cient lot area, width and setbacks in this pending set-off division of land. Location of Property: Private Right-of-way located off the north side of Bay View Avenue, Mattituck, NY; County Tax Map District 1000, Section 106, Block 06, Lot 36. WHEREAS, a public hearing was held and concluded on November 20, 1986 in the Matter of the Application of STEV EN P. SANDERS & ANO. under Appeal No. 3519; 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 located along the east side of Bay View Avenue, Mattituck, having a total area of 66,600+ sq. ft. in area (inclusive of "beach" areas and right-of-way), and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 06, Lot 36. 2. By this application, appellants request an area variance for proposed Lots #l of 27,000 sq. ft. and #2 of 39,600 sq. ft. (36,000 sq. ft. plus 3600± sq. ft. "beach" area), as shown on Sketch Plan Map amended April 30, 1986, prepared by Roderick Van- Tuyl, P.C. 3. Existing upon the premises are two one-story, single-family dwellings with patios. It is noted that Certificate of Occupancy #Z-14091 has been issued dated December 13, 1985 indicating the preexistence of the nonconforming lot area, second dwelling, and insufficient sideyard setback. (CONTINUED ON PAGE TWO) DATED: January 27, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3519 Matter of SANDERS & SCHWARTZ Decision Rendered January 8, 1987 4. In viewing the character of the neighborhood, it is found that five of the eight immediate lots surrounding this property are smaller, having an area of less than one-half acre. The remaining three immediate lots contain an area of approximately 43,000 to 30,000 sq. ft. 5. It is the understanding of the board that the well and sanitary systems servicing the two residences have been in exist- ence and use since prior to April 1957, (see Affidavits of Steven P. Sanders dated October 14, 1986 and Dorothy Z. Byrne dated November 20, 1985). 6. It is the position of the board that the improvements have existed since prior to the enactment of zoning (1957), and therefore will not create an increase in the density of the residential nature of the property. In considering this appeal, the board also finds and determines: (a) the relief requested is substantial in rela- tion to the requirements, at percentages of more than 30%; (b) the nonconformity of the property is unique; (c) the relief requested is the minimal necessary under the circum- stances, and there is no other method, feasible for appellants to pursue, other than a variance; (d) there will be no sub- stantial change in the character of the area since each lot as proposed is improved with a single-family dwelling with separate well and sewage systems; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (f) there will be no increase in population density since each lot will contain an existing dwelling; (g) in consideration of all the above factors, the interests of justice will be served by allowing the variance. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to approve the insufficient area of proposed Lot No. 1 of 29,000 sq. ft. and Lot No. 2 of 39,600 sq. ft., (inclusive of "beach" area), and insufficient width and depth, as more particularly depicted by Sketch Map prepared by Roderick VanTuyl, P.C. amended April 30, 1986, for STEVEN P. SANDERS AND ALBERT SCHWARTZ. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and Sawicki. (Member Goehringer abstained.) This resolution was duly adopted. lk CHARLES GRIGON IS,JCHAI RMAN January 27, 1987 PRO TEM 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 BOARDOF APPEALS at the Southold Town Hall, Main Road, Southold, NY at.a Regular Meeting commencing at--7:30 p,m. on THURSDAY, NOVEMBER 20, 1986 and as~follows: 7:35 p.m. Aopeal No. 3573 MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Arti-cle III, Section 100-32 for permission to locate accessory garage structure in the frontyard area at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax-Map Parcel No. 1G00-123-06-17.~ 7:40 p.m. Appeal No. 3571 MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article XI, Section 100-t19.2 for permission to construct addition at the southerly side'of existing dwelling with insufficient setback from the-bulkhead along tidal water area and insufficient setback from the rear property line at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-t23-06-17. 7:45 p.m. Appeal No.- 3568 - STAMATIOS AND ALENI 'RAPANAKIS. Special Exception to the Zoning Ordinance, to establiJh one accessory apartment..in the.existing dwelling structure in accordance wfth {he requirements of Article III, Section lO0130(B) subsection [15]. Location of Property: 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 2569 - BOATMEN'S HARBOR MARINA. Variance to the Zoning Ordinance~ Article XI, Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient setback from existing bulkhead. Location of Property: 3350 West Creek Avenue, Cutchogue, NY; County Tax Map District lO00, Section llO, Block 01, Lot 12~ 7:55 p.m. Appeal No. 3572 - MICHAEL AND JOYCE MATTES. Special Exception to the Zoning Ordinance, Article III, section i00-30- (B)[16] 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: 50 Luthers Road, Mattituck, NY; County Tax Map District 1000, Section t13, Block 03, Lot 7. 8:00 p.m. Appeal No. 3565 FRANK FIELD REALTY INC. Variance to the Zoning Ordinance, Article III, Section lO0-3 Page 2 Notice of Hearings Southold Town Board of Appeals Regula~ Meeting - November 20, 1986 for permission to establish two-family dwelling use on a parcel of land containing less than 160~O00sq. fry in area, 270 ft. lot width, 400 ft. lot depth, 'and W~th i~sufficient frontyard, sideyard, and rearyard setbacks. Location of Property: 320 Linnett Street, Greenport, NY; Map of Gre~nport Driving Park'S369, Lots #71 and~#72;. County Tax Map District 1000, Section 48, Block 2~ Lot 36.1. 8~05 p,'m.. Appeal No. 3566-SE. 'FRANK FIELD REALTY INC. Special Exception t-o the Zo-ning Ordinance, Artfcle--III,--Section lO0-30(B) for permission to establish twoifamily use at premises referred to as 320 Linnett Street, Greenport-~ NY-; Map of Greenport Driving Park #3~9, Lots #71 and-~#72; County Tax Map District 1000, Section 48, Block 2'~ Lot 36.1. 8:10 p.m. Appeal No. 3570-SE, iPAUL HENRY. Special Exception to the ~oning Ordinance, Article III,'-~Section t00-30(B)~6] 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 six casual,~transient roomers, and renting of not more than three rooms. Location of Property: 50 Luthers Road, Mattituck, NY; County Tax Map District 1000, Section 113, Block 03, Lot 7. ~ 8:15 p.m. Appeal No. 3576 - BARBARA D. SCHRIEVER. Appli~cation to withdraw Variance conditionally approved under Appeal No~ 3393 on September 26, 1985, and to reinstate in full the 1969 Variance conditionally approved under Appeal No. 1260, permitting the use of a 5,600 sq. ft. existing building for storage and repair of contractor's machinery and equipment. Location of Property: West Side of Tabor Road, Orient~ NY; County Tax Map District 1000, Section lB, Block 05, Lot t2. "B-light" Business Zoning District. 8:20 p.m. Appeal No. 3552 JOHN SENKO. Reconve~e hea~ng concerning Variance for shopping center use in this B-1 General Business Zoning District containing 30,084 sq. ft. in lot area. Location of Property: Intersection of Ackerly Pond Lane and North Side of Main Road, Southold; County Tax Map District-lO00, Section 70, Block 7, Lot I. ~:40 p.m. Appeal No. 3574 :'DR.' JOHN LORETO. Variance to the Zoning-Ordinance, Article III, Sections lO0~30.and 100~32, and Article XI, Section 100~119.2, for permissi-~n to construct Page 3- Notice of Hearings Southold Town Boa~d'of Appeals Regular Meeting - Novembe~ 20, 1986 storage building with an insufficient setback from bluff along Long Island Sound for storage purposes accessory and incidental to the existing dwelling adjacent'~-to these premises. Location of Properties: Lots~#3 and #2, Map of Vista Bluff #5060; North Side of Glen Court, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 1~ [otsL9 and 8. 8:55 p.mo Appeal No. 3562 ~ ANA G. ~STILLO. Variances: (1) to the-Zoning.-Ord~nance~ Article I~I~ Section 100-3~, for approval of insufficient lot areas width'and depth~of three parcels in-this pending Minor Subdivision, and (2) to New York Town Law, Section 280-a for approval of access over private~ right-of-way extending from the north side of Main Road to the premises in question. Location of Property: At the north end of private right-of-way (i~onglands-~of-B. Brokaw), North Side of Main Road,-Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26, containing 3.2 acres total. p.m. Appeal - STEVEN SANDERS ~ ANO. VarianceS\ 9:O5 No. 3519 to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot area, width and setbacks in this pending / set-off division of land. Location of Private ~ '~ Property: Right-of-way located-off the north side~-of-Bay View Avenue, Mattituck, NY; County Tax Map District lO00~Section 106, j k..~..Block 06, Lot 36. The Boar_d of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: November 3, 1986. BY ORDER OF THE SOUTHOLD TOWN BQARD OF A~PEALS GERARD P, ~OEHRINGER, CHAIRMAN Linda Kowa!ski, Board Secretary ATTENTION NEWSPAPERS: Please publish THURSDAY, NOVEMBER 13, 1986 and forward 13 Affidavits of publication on or before Novembe~ 17, to: Board of Appeals, Main Road, Southold, NY 11971. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date To . .~...g~...~-~.7.~. .~..0~444 .¢. ...~..~...~: .q.... ~1.~ .n.~ .... PLEASE TAKE NOTICE mat your app~cation dated . .~ .... ~. ........ ,19 .~. for pe~it to ~7~.. ( ~...~..~~ ......... :. ~ ......... at Location of Property . [.~¢~.. ~'.~ ~:.. ~..~M~..~.. ~~ ..... Nouse No. ~St~ot Hamlet County Tax Mar No. 1000 Section .... l .O.6 ..... Block .... ~. G ..... Lot .. Subdi~sion .~..~ .~.0~Ffled Map No ..... ~! .......... Lot No... ~ ........... is returned herewith and disapproved on the follow~g ~ounds. ~.~..~ ........ Building Inspector RV 1/80 ~[~(~[I~[[~ TOWN OF $OUTHOLD, NEW YORK C]~rk DATE ...,~. ....... T0 ~H.E ZQNf~G BOARD OF APPEA~, TO~ ;_2%~.~ - EDSON & ~B~uER, ESQS.2~:' ~ . . ~in Road, Southold, N.Y. Name df' Appellant Street and Number Municipality ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT ~ ..'k.-..Q...~.~.b.d%..v..ide ...... DATED ...... Apt. il...2.8.,....19.86 .............. WHEREBY THE BUILDING INSPECTOR DENIED TO r Edson & Bruer A/c Sanders & Schwartz ................. ................ of Main Road, Southold, N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO SUBDIVIDE 1, LOCATION OF THE PROPERTY .]:.8..~..5.:~zR..:"~t.~.~:..~.~..~.~..a..~.~.~.e.~..A~.~.?.:."~..."..A..."..~..~.s..:~.~.~ Street Use District on Zoning Map ............. .~....~.._1: ..................... .......... ~.i..3..6. .................. Current Owners:Sanders & Schwartz Map No. Lot No. 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.) Art. I~ Sec. 106-20 -and-Art. III, Sec. 100-31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVlOUS APPEAL A previous appeal k~rY~) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Sach ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (') (X) ( ) is requested for the reason that Appellants which to divide requiring relief REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance this parcel, which contains two dwellings, in the form of area and set-baCk variances. Form (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce proctical difficulties or unneces- sary HARDSHIP because Appellant~s property contains two dwellings on one loto The dwellings were buildt prior to zoning and do not conform to our present code° In order to conform to code the property must be set-off to create two separate lots~ Lot ~l being 27~0Q0 sqo fro and Lot ~2 being 36~000 sqo fro 2. The hardship created is UNIQUE and is not shared by all properties alike in Che immediate vicinity of this property and in this use distric¢ beceuse In light of the fact that the two homes were built prior to zoning~ the hardship is unique to this property and not shared by all properties in the immediate vicinity of this property° 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The variance will create two conforming lots. Throughout the code~ zoning allows for only one dwelling per lot. The character of the district will not be changed since the size of each of the lots is well within the lot size throughout the neighborhood° STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signafure 2S_~ da- of ....................... ~.a..~ .......................... ~9 8f Sworn to this ...................... : ........... ~ ........... y OWN£R STRE~ VIL~GE ~ SUB. LOT ~' ~ { FORMER OWNER , ~ N- . J E , ~ ~, ~. , ~~ ..... . ~ RES. ~ COMM. CB. MISC. Mkt. V=lue LAND REMARKS NEW N OP,/V~L BELOW Al DVE FARM Acre Value Per Value Acre 1 Tillable i Tflloble 2 t, Tillable 3 Woodland S~ampland Brushlond House Plot FRONTAGE ON ROAD DEPTH BULKHEAD ~DOCK /6 Ext. Walls Fire Place Roof Recreation Room ,rmer Drivewoy lRooms 2nd Floor ¢ BR. i ..~ FIN. B, 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 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 March 21, 1988 Rudolph H. Bruer, Esq. Main Road, Box 1466 Southold, NY 11971 Re: Appl. No. 3519 Sanders and Schwartz Dear Mr. Bruer: Attached for your file is a copy of the Corrected Decision of the Board of Appeals pursuant to your office's recent request and the March 10, 1988 verification by Roderick VanTuyl, P.C. concerning their survey amended April 30, 1986. As you know, the corrections pertain to the lot area for each Parcel #1 and #2. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copies of Decision to Building Department Planning Board Suffolk County Pl,anning Commission Mr. Garrett A. Strang, R.A. LEFfeRTS P. ED=ON(Retired) ~<, · March 11, 1988 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski, Secretary Re: Appeal No. 3519 Set-off for Sanders & Schwartz Mattituck, N.Y. Dear Linda: As you requested, we enclose herewith Van Tuyl's verification of square footage for Lot #2. Please provide us with a copy of the corrected decision. Sincerely, Enc. cc: Henry Saxstein, Esq. the DATE: March 10, 1988 TO: Southold Town Zoning Board of Appeals RE: Set-off for Sanders & Schwartz Appeal No. 3519 Please let this letter serve as our verification that the footage calculated for Lot #2 on the above referenced map (ie. sq. ft.) includes that portion designated as "Beach". RODERICK VAN TUYL, P.C., by: square 36,224 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK Michael A. LoGrande Acting County Executive 360-5206 LEE E, KOPPELMAN DtRECTOR OF PLANNING January 30, 1987 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Steven P. Sanders · Albert Schwartz 3519 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD--~TATE ROAD 25 -~OUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 Pursuant to Board of Appeals the following ~ Variance Article XIII of the Suffolk County of the Town of Southold, New York, Variance Special Special to the Suffolk County from thq Zoning Code, Charter, the hereby refers Planning Commission: Article III, Section 100-31 Bulk-Schedul~ from Determination of Southold Exception, Article , Section Permit Town Building Inspector Appeal No.: 3519 Applicant: Steven P. Sanders and Albert Location of Affected Land: Bay View Ave., Mattituck, NY County Tax Map Item No.: 1000- 106-06-36 Within 500 feet of: Town or Village Boundary Line Schwartz XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting ~i~xb~x approval of insufficient ~t area, width and setbacks in this pending set-off division of land. Copies of Town file and related documents enclosed for your review. Dated: January 29, 1987 ~ ~ecret~ry~ Board~of Appeal~ ..... October 15, 1986 Sout6old Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Gerard P. Goehringer, Chairman Re: Appeal No. 3519 - Sanders and schwartz Dear Mr. Goehringer: Enclosed please find sworn statement regarding existing well and sanitary systems on the subject premises. In light of the particular circumstances of this application, we request that you hear our appeal and reach a decision on the merits. Sincerely, Rudolph H. Bruer : RHB/df Enc. cc: Steven P. Sanders STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) STEVEN P. SANDERS, being duly sworn, deposes and says: THAT he resides at ]3-28 208th Place, Bayside, N.Y. 11360 and that he is owner, with another, of premises known as 1845 R.O.W. off Bayview Avenue, Mattituck, New York. The property is designated on the Suffolk County Tax Map as: District 1000, Section 106, Block 06, Lot 036; THAT, on information and belief, your deponent can state that the well and sanitary systems servicing the two residences on the subject property have been in existence and use since the time the houses were constructed (which was prior to April 23, 1957, as evidenced by pre-existing Certificate of Occupancy #Z14091 issued 12/13/85 by the Building Inspector of Southold Town). The well and sanitary systems as a result pre-exist the legislation of Article 6 of the Suffolk County Sanitary Code. Your deponent makes this affidavit knowing that the Southold Town Zoning Board of Appeals will rely upon the statements made herein. Sworn to before me this /~/~day of October, 1986. --~ Notary Public Steven P. Sanders NOV 2 9 1985 i(',. J OfF SOUTHOLD State of New York) ) County of 4;~rf~f~l-k) Dorothy Z. Byrne, being duly sworn, deposes and says: I hereby request the issuance of a pre-existing Certificate of Occupancy for dwellings located at Bay View Avenue, Mattituck, Town of Southold, New York, on premises known as Suffolk County Tax Map reference number District 1000, Section 106, Block 6, Lot 36. I further state that the two existing dwellings on this property were constructed before April 23, 1957, and have been used since that date without change, except the construction of an addition of 4'6" by 11'0" to the west side of the more northerly dwelling in 1971. This improvement was noted by the Southold Building Department with Building Permit # 5276 Z, issued May 4, 1971, and Certificate of Occupancy #Z 4510, issued December 28, 1971. Dorothy Z. ~yr~e / Sworn to before me this ~P day of November, 1985 Rudolph H. Iruer, Esq. and ~ruer Southold, ~ York 11971 $teven P. S~nders~Alhert $chwcrtz Prolmrty - North Oriv~ t~tt i tuck Oe4r ~ro Bruer: In regard to your certified letter on property divisions, rlght-aways, etc.! I believe the issue preSently Is not dividing end building with cpeculatlon, but maintenance of the property aS it Is now, first. There Is c fence dividing Senders end Schwartz~s property acid mine, which I have paid to repair and replace Several times. The fence wes not put up by ma, but by Hr. Zlegler end, therefore, Is your client's property end responsibility. Once these present things ere addressed, I would iikl to he inforM of year client's plans regsndlng his property end chanGss, but would not be In agreemnt of anything, u~tll I understood better his Intentions. cc: Southold Baird of Appmalc Ms. Diane Fest 370 North Drive N. Merrick, N.Y. Dear Ms. Fest: 11952 July 9, In response to your letter dated June 18, 1986. We have forwarded your letter to Mr. Sanders and he will reimburse you for the repairs made to the fence after January 1, 1986. Mr. Sanders intentions are to maintain and improve the property. Furthermore, once he inspects the extent of deterioration of the fence he may consider removing it altogether rather than repair it in its delapidated condition. We would appreciate any input you may have regarding this and all matters and will be pleased to consider any concer~s or comments you may have now or in the future. Very truly yours, PCM/lk CC: Zoning Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 September 4, 1986 Mrs. Patricia C. Moore Edson and Bruer, Esqs. Main Road Southold, NY 11971 Re: Appeal No. 3519 - Sanders and Schwartz (Variance) Dear Pat: As requested, this letter will confirm that the above matter will be scheduled for a public hearing by the Board of Appeals upon receipt of the following: 1. Written Article 6 by the letter dated May waiver or other action under the requirements of Suffolk County Department of Health Services (ZBA 28, 1986); 2. Written waiver of Jurisdiction or approval/action by the N.Y.S. Department of Environmental Conservation as per Article 25 of the Environmental Conservation Law, Part 661.5. Input from the Planning Board dated July 17, 1986 has been placed in our file. Yours very truly, Linda Kowalski Board Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals lelAIN RnAD- BTATE RnAD 2.5 50UTHOLO, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 May 29, 1986 Mrs. Patricia C. Moore Edson and Bruer, Esqs. Main Road Southold, NY 11971 Re: Appeal No. 3519 Sanders and Schwartz (Variance) Dear Pat: ~This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals ._will be conducting field inspections and environmental reviews as .maY be required by State and local laws prior to scheduling your application for a public hearing. _ It is requested in the interim that you proceed with the "~[X ] Planning Board [ ] N.Y.S.D.E.~_. [XX ]Co. Health, Art. VI in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next available hear- · ing date. If the above document(s) are submitted by late July, it is expected that the public hearing would be held about the middle part of August. A copy of the notice of hearings as published in the Long Island T_raveler-Watchman and the Suffolk Times will be sent to yQu as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, BY ORDER OF THE .B~)~ARD OF A~P~PEALS . ~/~x~l~a ~a l s k i cc: Planning Board Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H~ SAWICKI January 27, 1987 'Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3519 Sanders and Schwartz (Variance) Dear Pat: Attac~ed hereto is a copy of the official findings and determination recently rendered and filed this date with the Office of the Clerk concerning the above matter. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, in writing, or other documents as may be applicable. If this application involves a pending subdivision or site plan, please return to the Planning Board for further processing by their office. 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, GERARD P. GOEHRINGER Enclosure CHAIRMAN Copy of Decision to Building Department By Linda Kowalski Planning Board Suffolk County Planning Commission 2THOLD TOWN BOARD OF APPE~LS MATTER OF STEVEN SANDERS & ANO THURSDAy~ NOVEMBER 20, 1986~ PUBLIC HEARING 10:27 p.m. Appeal No. 3519 - Public Hearing commenced in the Matter of STEVEN SANDERS & ANO. Variance for approval of in- sufficient lot area, width and setbacks in this proposed set- off of land. ROW off the N/s B~y yiew. Avenug., M~ttitBck. Chairman Goehringer was absent surlng the entire nearing. Chairman Grigonis read the legal notice and application for the record. Member Charles Grigonis was Chairman Pro Tem for this hearing. CHAIRMAN GRIGONIS : I have a copy of Suffolk County Tax Map in- dicating the surrounding properties in the area. I have a sur- vey dated December 6, 1985 by R~derick VanTuyl If you'd like to add to what has been said so far. MS. MOORE: Mr. Sanders and Mr. Schwartz want to set off an existing non-conforming dwelling from the present non-conform- ing property. We have 2 houses on one lot as the application states. Each house creates an insufficient setback. But this is merely because we are drawing what essentially is an imagi-~ nary line between 2 existing houses. As you are certainly aware the Southold Town Code Article 1 Section 100-10 states that the purpose of the comprehensive zoning code is to gradually elimi- nate non-conforming uses. So we are asking you to (by this ap- peal) eliminate a non-conforming use. I have the language from the code. I high lighted it for the record. Again the standards are practical difficulty. And the first question is how substan- tial the variance is in relation to the requirements. First, it is not substantial to the neighbors and to the Board because the homes exist today. We are going to have the same use, the same property and the same houses today as tommorow assuming you grant us the variance. So there is actually no change being down to the property, no construct%on, nothing. It's just separating what are 2 houses on one lot into 2 separate houses. Each house or each dwelling has it's own certificate of occupancy. And I have for the record, the certificate of occupancy for the house from '71 when it was issued and the certificate of occupancy from December 13, 1985 when it was reissued based on an affidavit stating that that house was there and being used as a residence and that~they are legally 2 separate dwellings. So I have (you're tired so I won't spread them out) lots of copies that I'll present for the record. The denial of the variance application would produce practical difficulties and in fact a financial hardship for the owners. Based on a letter partially~the definition of market value which I received from Ce!~altors who was the realty agency involved in this. The bottom line was after all the language that state how it was that they decide on or de- termine an appraisal, the bottom line is that the market value of the property as it presently exists today on a 1.5 acre par- cel with 2 houses on it is 345 thousand. It's a lot of money. The market value of lot 1 which is shown is the 27 thousand square foot area which is improved by a 2 bedroom home, is valued at 267 thousand 500 hundred. And the second lot which is a sepa- rate lot with a 36 thousand square foot area which is improved by a one bedroom home is valued at 240 thousand. So the difference Page 2- November ~ 1986 Public Hearing - Sten Sanders & Ano. Southold Town Board--of Appeals MS. MOORE (continued) is almost doubled by separation of 2 separate lots and 2 separate homes. I have the original here and copies which I'll present for the record and I'll give you a copy of this. The Planning Board again with the setoff, has been .... We went before the Planning Board and they made their recommendation and this time we agree with their recommendation. They resolved that it is noted that there is 2 existing houses on the property and that this property lessens the non-conformity of the situation. So that the proposal lessens the non-conformity of the situation. So that our appeal would benefit zoning and planning in the creation of 2 separate lots. I have that language high lighted in re;Pd. The effect, if the variance is allowed, of the increase population density does produce on available governmental facilities is another element which I have to show. There is no difference in the governmental facilities. There's no difference to the property. We're just creating as I said, an imaginary line between the 2 houses. So that standard is easily met. Also another element, whether the substantial change will be produced in the character of the neigh- borhood or substantial detriment to adjoining properties. This property, I don't believe is and our clients don't believe is that the creation of the 2 lots wouldlbe in conformity with the surround- ing areas. What I did was take the tax map and I took the tax roll and I cut about 40 different lots in that area. And within that immediate va~inity, I found that the average lot size is .509 acres which is a little over a half of acre. And therefore, the setoffs would conform to the existing zoning. And I have the tax map show- ing the property in relation to other properties in the area. There- fore, in view of the manner in which the difficulty raised, that is 2 houses were built prior to zoning and they are existing now and with all of the above factors which I've mentioned. In the interest of justice or justice will be served if-~the grant us a variance. Any questions? setoff is granted and you Mit. CHAIRMAN CRI~0NIS: Thank you. Anyone else to speak for? MS. MOORE: '57 was when the zoning ordinance went into effect. MILS. WELLS: That was built way after that. It was a garage. We lived there for 30~ years and that was a garage. It was built af- ter, way after. MS. MOORE: The garage was built? MRS. WELLS: The apartment that you're talking about. MR. WELLS: The apartment was a garage. time. You still got over ~ acre. It was connected at ~ne MS. MOORE: We have existing cesspools on the properties that are existing today. MRS. WELLS: Going just to the main house. MS. MOORE: No. I believe they each have separate systems. Page 3 - November ~ 1986 Public Hearing - S~en Sanders & Ano. Southold Town Board of Appeals MRS. WELLS: I would like to ask you about these lots that you are talking about with the .59 because all fo the homes there are in excess of an acre. Which ones are you talking about? MS. MOORE: I don't have the exact chart that can see from here. These are two for the cut here. I took but you line through MRS. WELLS: You're talking all about Ziegler's property there but all these surrounding areas are more than what you stipu- lated. Not .5 what you said it was because these homes are all (as my husband said) over an acre. MS. MOORE: Can you get all this? MRS. WELLS: I was just saying that they are all over an acre. The existing Ziegler~property which is now Sanders; that was all chopped up. These are all tiny but none of the surrounding areas at all. You can go to the Lockwoods and you can go to the Fests and the old Bergnon property, Ruthers property, Sweeneys house; they're over an acre. MS. MOORE: Are you finished? MRS. ~LLS: I'm sorry. Yes. MS. MOORE: I would just like to respond to that. What I did was I took 40 lots and the average came out to .509. That does not mean that maybe next door to them there is a one acre parcel but the average of all 40 came out to that number. I can stand corrected. If you'd like, I can redo the numbers and present it to the Board but that is the number I came up with. MRS. I~ELLS: 40 was in this area you're talking there off of North Drive. MS.i. MOORE: 40 lots, I don't really recall the numbers because it's been a while. I took 40 lots and it would probably be with- in this general vacinity. MRS. WELLS: Well we're here with 2 lots and we have over 3~ acres right there. And this was my husbands mother's land here that has been sold and I believe that was 1 3/4 acres. Then we come over to the Campbells and that is way in excess here about an acre and a half. So it couldn't be in this area. Not here with our water and so forth. MR. WELLS: If this is going to be bought after acre zoning, we should break ours up. MRS. WELLS: Maybe we ought to break ours up. We've got 3~ acres and then we can put them into ~ acre lots also. MS. MOORE: You;d have to go to the Board if you want to do that. ~R. WELLS: I'm worried about over population out there already. Page 4 - November 2J~ 1986 Public Hearing - S~en Sanders & Anoo Southold Town Board~-of Appeals MRS. WELLS: That apartment was built after '57 because we were married in '56. That thing was built way after '57 because Ziegler did not come out here full time until after he sold his place in Rockville Center and that's when they put that garage apartment in above that garage. That was done way after zoning. MS. MOORE: That's just one. It's a private one-family dwelling for the main house and the prior certificate of occupancy was probably just for the garage which was a garage. To may have been reissued. That's all I can tell you. Both properties have, probably contains 2 one story and one family. SECREIARY: ~'-7 It must have been built after '57 because there was a c.o. on it. The other c.o. was issued in '71. MS. MOORE: If it was built prior to it... saying. The house .... Somehow or another, we have. I see what you're those are the c.o.' S£CREIARY: : There was a c.o. issued after 1975. MS. MOORE: Yes. But it may have been for bank purposes retro- actively. SECR~IARY: The building permit was issued on May 4, 1971 for a new house. So that must have been one of the 2 houses you're talking about with the prior certificate of occupancy. MS. MOORE: It's possible. I don't know. ~. CHAIRMAN : I'll make a motion closing the hearing. Ail in favor - aye. November ]7, ]986 Diane E. Fest 370 North Drive Mattituck, New York 11952 Southold Town Hail Attention: Zoning Board of Appeals Main Road Southold, New York 11971 Mr. Gerard P. Goehringer, Chairman Re: Steven Sanders&Ano Public Hearing Thursday, ]]/20/86 9:05 P. M. Dear Mr. Goehringer: Because I am unable to be present Thursday night for the above hearing, it is important to me, to express my feelings on same. As I understand it, Mr. Zieg]er, former owner, paid taxes on six or seven lots, enabling Mr. Sanders to own or build that many homes on an approximate property which should only accommodate about three or four homes. Our beautifu! wooded area in Shore Acres is a very desirable place to live, but wi11 lose that desirability if, in fact, we turn into a development. I see no reason to "jam" another home in an insufficient ]ot area, when the new owners have already made and seen a very lucrative investment. I have seen no conflict of people or property, until recent]y, in our area, and I, for one, feel the beauty and serenity of Shore Acres, suffers from both of these issues. I believe in development and in making profit, but in this case I would most assuredly call this "overkill" Why not clean up and mend the area (specifical]y,a fence between the property of Mr. Sanders' and myself) and, stil] existing damage from hurricane Gloria; and keep Shore Acres a "beautiful wooded area". Thank you for the reading and consideration of this letter and I would appreciate being contacted as to the decisions made on this issue. ~i n~cere ]y, Diane E. Fest CC: Regarding property on Matt·tuck Inlet presently Sanders and Albert Schwartz, Suffolk County Tax 1000, Section 106, Block 06, Lot 036: owned by Steven P. Map Number--District To whom it may concern: Robert A. Celic, being duly sworn, deposes and says: I reside at Matt·tuck, Suffolk County, New York, and am a duly licensed real estate broker holding New York license #757818. I am President of Celic Estate Agents, Inc./Celic Realtors, which is engaged in the real estate business with offices in Matt·tuck and Greenport, New York. During the past twenty-one years I have purchased, subdivided, managed, and sold real properties in the Townships of Southold, Riverhead, Southampton, and Brookhaven, New York, and have negotiated real property sales as broker, including acreage, shorefront, residential, rental, industrial, and commercial properties. I am a Senior Member of the American Association of Certified Appraisers, a CREA-Senior Member of the National Association of Real Estate Appraisers, and a member of the New York State Society of Real Estate Appraisers, National Institute of Farm and Land Brokers, International Real Estate Federation, Realtors Land Institute, New York State Association of Realtors, National Association of Realtors, Suffolk County Real Estate Board, and Eastern Suffolk Board of Realtors. By reason of my experience, I am thoroughly acquainted with the market value of shorefront residential properties in Mattituck, New York. This value analysis is being performed at the request of Rudolph H. Bruer, Esq., of Edson & Bruer, Main Road, Southold, New York 11971. I am familiar with the subject premises, and I have made a careful comparison of the value of this property as it presently exists and its value as two separate parcels as proposed on "Sketch Plan of Proposed Set-Off on Map of Property Surveyed for Steven P. Sanders and Albert Schwartz", made by Roderick Van Tuyl, P. C., as amended April 30, 1986. This report has been made in conformity with accepted appraisal practices. This report is made subject to the definitions, underlying assumptions and limiting conditions expressed in the accompanying addenda. Conclusions: The market value of this property as it presently exists, one lot of 1.5 acres improved by two houses, ~s $345,000. The market value of Lot #1 as shown on the map named above, 27,000 square feet in area, improved by a two-bedroom home, is $267,500. of Lot #2 The market value map named above, 36,000 square improved by a one-bedroom home, Licensed real estate broker President, Celic Estate Agents, Inc. as shown on the feet in area, is $240,000. Sworn to before me this /~day of November, ~ry ?~blic, State of New York 1986 Addendum #1 APPRAISAL OBJECTIVE and DEFINITION OF MARKET VALUE The objective of this appraisal is to estimate market value as of November 1, 1986. As used in this report, "market value" is defined as "the most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus." Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated. both parties are well-informed or well-advised and acting in what each considers to be his own best interest. 3. a reasonable time is allowed for exposure in the open market. 4. payment is made in cash or its equivalent. 5. financing, if any, is on terms generally available in the community and typical for the property type. the price represents normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs, or credits incurred in the transaction. PROPERTY RIGHTS APPRAISED The property rights being appraised are fee simple, defined herein as "an absolute fee without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation." Addendum #2 UNDERLYING ASSUMPTIONS AND LIMITING CONDITIONS OF THIS APPRAISAL 1. I assume no responsibility for legal matters concerning these premises, nor do I render any opinion as to title, which is assumed to be marketable. 2. I assume that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render the premises either more or less valuable. assume no responsibility for such conditions or for inspections which might be required to discover such factors. 3. This report relies upon information, estimates, and opinions obtained from sources considered to be reliable. These data are believed to be true and accurate. However, can assume no responsibility for their ultimate accuracy. Legend I COUNTY OF SUFFOLK i:_..~~ ~uT~?__ _~c,~.._ · .~ Re?l Properly Tax Service Agency ::~,;~? IO6 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLO, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEBRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S .F, .Q .R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance November 20, 1986 APPEAL N0.:3519 PROJECT NAME: STEVEN SANDERS AND ALBERT SCHWARTZ 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: r ] Type II ~ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval' of insufficient lot area, width and setbabk%~ in this pending set-off division of land LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more particularly known as: Private right~of-way locatDd off the N/S of Bay Avenue, Mattituck, NY 106-06-36 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental AssessmGnt 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 lo~iine variance regulated as provided in Section 617.13 of the SEQRA, 6 NYCRR FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Mare Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, NOVEMBER 20, 1986 and as follows: 7:35 p.m. Appeal No. 3573 - MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in the frontyard area at premises located on the south side of a pri- vate right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123- 06-17. 7:40 p.m. Appeal No. 3571 - MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to con- struct addition at the southerly side of existing dwelling with in- sufficient setback from the bulk- head along tidal water area and insufficient setback from the rear property line at premises rated on the south side of a pri- vate right-of-way extending off the east side of Camp Mineola Road, Mattituck NY; County Tax M~t~ ~Parc~l~ N~>. 1[000-~- 7:45 p.m. Appeal No 3568 ST *''~ATIOS AND ALEN1 qAKIS. Special Excep- tion ~,, the Zoning Ordinance, to merit in the existing dwelling requirements of Article III, Sec- tion 100-301Bt subsection iiSI seau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569 BOATMEN'S HARBOR MA- RINA. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to con- struct addition to existing dwell- ing with an insufficient setback from existing bulkhead. Loca- tion of Property: 3350 West Creek Avenue, Cutchogue, NY; County Tax Map District 1000, Section 110, Block 01, Lot 12. 7:55 p.m. Appeal No. 3572 - MICHAEL AND JOYCE MATTES. Special Exception to the Zoning Ordinance, Article III, Section 100-30-tB~116] for permission to establish "Bed and pied building, other than a hotel, where lodging and breakfast is provided for not more than six rooms." Location 6f Property: 50 Luthers Road, Mattituck, NY; County Tax Map District 1000, Section 113, Block 03, Lot 7. 8:00 p.m. Appeal No~ 3565 FRANK FIELD REALTY INC. Variance to the Zoning Or- d nance, .Art~icle III ~c~; 9n {00- 3~i, for permmslon to establish two-family dwelling use on a reinstate in l~ll the 1969 Vari. proval of insutl]cient lot area, parcel of land containing less ance conditionally approved width and depth of three parcels than 160.000 sq area, 270 under Appeal No. 1260, permit- m this pending Mtoor Subdivi ft. lot width, 40(~ lot depth, ting the use of a 5,600 sq. IL sion, and (2) to New York Town and with insuf~cient lrontyard, existing building Ibc storage and I,aw, Section 280-a lbr aoorov;d sideyard, and rearyard setbacks repair of contractor's machinery of access over private right-~d' Location et Property: 320 Lin- and equipment. Location el way extending from the north nett Street, (heenport, NY; Map Property: West Side el Tabor side of Main Road to the prem- of Greenport Driving Park Road, Orient, NY; County Tax ~ses in question. Localion oi ~369, Lots ~71and ~72; County Map District 1000, Section 18, Property: At the norlh end of Tax Map District 10(}0, Section Bhmk 05, ~t 12. "B-l.ight" Busi- private right-et way (abmg 48. Block 2, Lot 36.1. ness Zoning District. hinds of B. Brokaw), North Side of Main Road, ()rient, NY; 8:05 p.m. Appeal No, 3566-8E. 8:20 p.m. Appeal No. 3552 County Tax Map District 1000, FRANK FIELD REALTY JOHN SENKO. Reconvene Section 14, Block 2, Lot 26, con- INC. Special Exception to the hearing concerning Variance lbr raining 3 2 acres t tal Zoning Ordinance, Article 111, shopping center use in this B-1 9:05 p.m. Appeal No 3519 Section 100-30{B} for permission ~neral Business Zoning Dis- STEVEN SANDERS & ANO. to establish twoJhmily use at trict containing 30,084 sq. ft, in Variance to the Zoning Ordi- premises referred to as 320 Lin- lot area. Location of Property: nance, Article III, Section lO0- nett Street, Greenipert, NY; Intersection of Ackerly Pond 31 fi)r approval of insufficient lot Map of Greenport Driving Park Lane and North Side of Main area, width and setbacks in this ~369, Lots alT1 and ~72; County ~ad, ~uthold; County Tax pending set-off division of land. Tax Map District 1000, Section Map District 1000, Section 70, l~ktion of Property: Priva~ 48, Block 2, Lot 36.1. Bilk 7, ~t 1. Right-of-way located off the 8:10 p.m. Ap~al Nm 3570-SE - PAUL HENRY. Special Ex- 8;40 p.m. Appeal No. 3574 - no~h side of Bay View Avenue, DR. JOHN LORETO. Vari- Mattituck, NY;County Tax Map ception to the Zoning Ordinance, ance to the Zoning Ordinance, District 1000, ~tion 106, Block Article III, ~ction 100-30~B)[ 161 A~icle III, Sections 100-30 and 06, Lot 36. for permission to establish "Bed 100-32, and A~icle XI, Section The Board of Ap~als will and Breakfast Use," "an owner- occupied building, other than a 100-119.2, for ~rmission ~ con- hear at ~id time and place all hotel, where lod~ng and break- struct s~rage building with an ~rmns or representatives desir- insufficient setback from bluff lng to be heard in each of the fast is provided for not more than six casual, transient r~m- along ~ng Island ~und Ibr above hearings. Writ~n com- ers, andrentingofnotmorethan storage pu~s accessory and ments may al~ be submitted three r~ms.' ~cation of Prop- incidental ~ the existing dwell- prior to the conclusion of the erty: 236 168555 C.R. 48) No~h lng adjacent ~ the~ premiss, subject hearing. For mom infi)r- Road, at intersection with ~cation of Prope~ies: Lots ~3 mation, plea~cal1765-1809. McCann Lane, Greenport, NY; and ~2, Map of Vista Bluff Dated:Novem~r3,1986. County Tax Map District 1000, ~5060; No~h Side of Glen BYORDEROF Section 033, Block 05, ~t 13.1. Court, Cutchogue, NY; County THE ~UTHOLD TOWN 8:15 p.m. Ap~al No. 3576 - Tax Map District 1000, Section BOARD OF APPEALS - BARBARA D, SC~RIEVER. 83, Block 1, ~m 9 and 8. (; ERARD P. GOEHRINGER, CHAIRMAN Application to withdraw Vari- 8:55 p.m. Appeal No. 3562 - LindaKowalski, ante conditionally approved ANA G. STILLO. Variances: Board~cre~ry -tember 26, 1985, and to tide III, ~ction 100-31, for ap- STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) uaro£ ~gar£ata of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing or~t~he November day of 19 Principal'Clerk Sworn to before/me this //~' Legals NOTICE OF HEARINGS NOTICE lS HEREBY GIV- EN, 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 D OFAPPEALS at th~omli01d Town-Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, NOVEMBER_20t t986and as foildws: 7:35 p.m. Appeal No. 3573- B~ Variance to the Zoning OrlrilY'ance, Article III, Section 100-32 for permission to locate accessory garage structure in the frontyard area at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. 7:40 p.m. Appeal No. 3571- M.SRG_ARET AND JOSEPH B,~SI. X~ariance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to con- struct addition at the southerly side of existing dwelling with in- sufficient setback from the bulkhead along tidal water area and insufficient setback from the rear property line at premises located on the south side of a private right-of-way ex- tending off the east side of Camp Mineola Road, Mat- truck, NY; County Tax Map Parcel No. 1000-123-06-17. 7:45 p.m. Appeal No. 3568- S~T_AMATIOS AND ALENI RAPAN,~K1S. Special Excep- tion~'O the Zoning Ordinance, to establish one accessory apart- ment in the existing dwelling structure in accordance with the requirements of A~ticle 111, Sec- tion 100-30(B) subsection [15]. Location of Property: 2030 Boisseau Avenue, Southold, NY; County Tax Map District, 1000, Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569- BOATMEN'S HARBOR MARINA. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2 for permission to construct addition to existing dwelling with an insufficient set- back from existing bulkhead. Location of Property: 3350 West Creek Avenue, Cutchogue, NY; County Tax Map District 1000, Section 110, Block 01, Lot 12. 7:55 p.m. Appeal No. 3572- MICHAEL AND JOYCE MATTES. Special Exception to the Zoning Ordinance, Article III, Section 100-30-(B)[16] 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:'Loca- tion of Property: 50 Lathers Road, Mattituek, NY; County Tax Map District, 1000, Section 113, Block 03, LOt 7. 8:00 p.m. Appeal No. 3565- FRANK FIELD REALTY INC. Variance to the Zoning Or- dinance, Article 11I, Section 100-3 for permission to establish two-family dwelling use on a parcel of land containing less than 160,000 sq. ft. in area, 270 ft. lot width, 400 ft. lot depth, and with insufficient frontyard, sideyard, and rearyard setbacks. Location of Property: 320 Lin- nett Street, Gmenport, NY; Map of Greenport Driving Park No. · 369, Lots No. 71 and No. 72; County Tax Map District. 1000, Section 48, Block 2, Lot 36.1. 8:05 p.m. Appeal No. 3566-SE. FRANK FIELD REALTY INC. Special Excep- tion to the Zoning Ordinance, Article Ill, Section 100-30 (B)for permission to establish two- family use at premises referred to as 320 Linnett Street, Green- port, NY; Map of Greenport Driving Park No. 369, Lots No. 71 and 72; County ~ Map District, 1000, Section 48, Block 2, Lot 36.1. 8:10 p.m. Appeal No. 3570-SE- PAUL HENRY. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[16] for permission to establish "Bed and Breakfast Use;' "an owner-occupied building, other than a hotel, repair ~f contrac~r's machinery and :ipment. Location of Property: West Side of Tabor Road, Orient, NY; County Tax ;: Map District, 1000, Section 18, Block 05, Lot 12. "B-Light" . Business Zoning District. 8:20 p.m. Appeal No. 3552- JOHN SENKO. Reconvene Il'/ sworn, says that she is the hearing concerning Variance for shopping center use in this B-I \ND TRAVELE R-WATCHMAN, General Business Zoning at Southold, in Suffolk County; District containing 30,084 sq. ft. inlot area. Location of Proper- 1 the annexed is a printed copy, ty: Intersection of Ackerly Pond Long Island Traveler-Watchman Lane and North Side of Main ............. .ff. ..... weeks Road, Southold, NY; County Tax Map District, 1000, Section 70, Block 7, Lot 1. the ...................... 8:40 p.m. Appeal No. 3574- DR. JOHN LORETO. Variance to the Zoning Ordinance, Arti- .., ] 9 ..... cie 111, Sections 100-30 and 100-32, and Article Xl, Section (. ~/L,/ 100-119.2, for permission to ......... -.~ ! .~...---07~.. .... construct storage building with an insufficient set-back from bluff along Long Island Sound for storage purposes ac- cessory and incidental to the ex- isting dwelling adjacent to these .................... d ay of premises. Location of Proper- ties: Lots No. 3 and No. 2, Map . , of Vista Bluff No. 5060; North Side of Glen Court, Cut- chogue, NY; County Tax Map District, 1000, Section 83, Block 1, Lots 9 and 8. 8:55 Appeal No. 3562- ANA ~ ....... ~ ...... G. STILLO. Variances: (1) ~ ry Pub lic Zoning Ordinance, Article 1II, Section 100-31, for approval of F,.\R.nARA FC,~i~S insufficient lot area, width and (2) to New York Town Law, Sec- tion 280-a for approval of access ding from the north side of Main Road to the premises in question. Location of Property: right-of-way (along lands of B. Brokaw), North Side of Main Road, Orient, NY; County Tax i Map District, 1000, Section 14, Block 2, LOt 26, containing 3.2 9:05 p.m. Appeal No. 3519- STEVEN SANDERS & ANO. Variance to the Zoning Or- dinance, Article III, Section 100-31 for approval of insuffi- backs in this pending set-off division of land. Location of Property: Private Right-of-Way located off the north side of Bay View Avenue, Mattituck, NY; County Tax Map District, 1000, Section 106, Block 06, Lot 36. The Board of Appeals will hear at said time and place all above hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- mation, please call 765-1809. Dated: November 3, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR1NGER, CHAIRMAN Linda Kowalski, Southold Town Board of Appeals _._....,.._,_~ MAIN RI:3AD STATE ROAD 25 [31:3UTHDLT~ELp~N~(~1611/695~ls09 APPEALS BOARD MEMBERS GERARD P. COEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processin9 of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not Ilesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEItRINGER CHAIRMAN Page 4 - Notice of Hearings (Notification Southold Town Board of Appeals Regular Meeting November 20, 1986 List) Copies to the following 11/6/86: Mr. and Mrs. Joseph Best, Camp Mineola Road, Box 609, Mattituck, NY 11952 Mr. and Mrs. Stamatio Rapanakis, North Bayview Road, Southold, NY 11971 Mr. Dennis Ketcham, Manager, Boatmen's Harbor Marina, 3350 West Creek Ave., Cutchogue, NY 11935 Mr. and Mrs. Michael Mattes, 50 Luthers Road, Mattituck, NY 11952 (P.O. Box 831) Frank A. Field Realty, Inc., Box 631, Greenport, NY 11944 Mr. and Mrs. Paul Henry, 236 North Road, Box S, Greenport, NY 11944 Charles R. Cuddy, Esq., Attorney for Mrs. B.D. Schriever Esseks, Hefter, Cuddy & Angel, Box 279, Riverhead, NY 11901 Stephen R. Angel, Esq., Attorney for Mr. J. Senko Esseks, Hefter, Cuddy & Angel, Box 279, Riverhead, NY 11901 Dr. and Mrs. John Loreto, Box 41, Cutchogue, NY 11935 Rudolph H. Bruer, Esq., Attn: Mrs. P.C. Moore,'Attorney for A. Stillo Main Road, Southold, NY 11971 Rudolph H. Bruer, Esq., Attn: Mrs. P.C. Moore, Attorney for Sanders Southold, NY 11971. Drive, Mattituck, NY 11952 and Schwartz, Main Road, Mrs. Diane Fest (opp), 370 North Town Clerk Bulletin Board Z.B.A. Office Bulletin Board Building Department Z.B.A. Individual Files Z.B.A. Board Members Personal Delivery - Suffolk Times and L.I. Traveler-Watchman OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ~ay 28, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 (516) 765 1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3519 application of Bruer and Edson for Sanders & Schwartz for a variance. Also included is Notice to Adjacent Property Owners; CO, nonconforming premises and Notice of Disapproval from the Building Department; Short Environmental Assessment Form; and survey. .~/Judith T. Terr~/-~---- Southold Town~lerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : STEVEN P. SANDERS & ALBERT SCHWAI%TZ to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~-k-~e i~tention of the undersigned to petition the Board of Appeals of the Town of Southold to request {'(Variance~).('Special Exception)(Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adiacent toyour property and is des- cribedasfoilows: 1845 R.O.W. off Bayview Ave., Mattituck, N.Y. 3. lhat theproperty which is the subiect of such Petition is located in the following zoning district: /~ "A" - Residential/Agricultural 4. Tbat by such Petition, the undersigned will request the following relief: Permission to divide this parcel, which contains two dwellings, requiring relief in the form of area and set-back variances. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article I Section 106-20 and Art. III, Sec. 100-31 [~ Section 280-^, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southoid 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 2~, 1986 Rudolph H. Bruer, Esq. Petitioner 0whets'Names: Sanders & Schwartz Post Office Address Main Road, P.O. BOX 1466 Southold, N.Y. 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. Philip Bellamore Ms. Diane Fest Mr. Carl Oswald Mr. Steven Sweeney Mr. Nicholas Johnnidis 1600 East Drive N. Merrick, N.Y. 11566 370 North Drive N. Merrick, N.Y. 11952 46 Old Tappan Lane Glen Cove, N.Y. 11942 stillwater Avenue Cutchogue, N.Y. 11935 5 Weir Lane Locust Valley, N.Y. 11560 z STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Patricia C. Moore . residing at 370 Terry Lane, Southold, N.Y. 11971 , being duJy sworn, deposes and says that on the 28th day of May , 19 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- fice at Southo'ld, N.Y. ; that said Notices were mailed to each of said persons by (certified) ~ mail. Sworn to before me this 28th day of May ,19 86 ~otary Public Commission Expires March 30, t9 ~ (This side does not have to be completed on form transmitted to adjoining property owners.) November 17, !986 Diane E. Fest 370 North Drive Mattituck, New York 119F2 Southold Town Hall Attention: Zoning Board oF Appeals Main Road Southold, New York 11971 Mr. Gerard P. Goehringer, Chairman Re: Steven Sanders&Ano Public Hearing Thursday, ll/20/~6 9:05 P. M. Dear Mr'. Goehringer: Because I am unable to be presenl; Inursday night for the above hearing, it ~s Jmoor'tan't to me, to ~xpress my l'eeiiog]i Oil same. As 1 understand it, Mr. Ziegler, former owner, paid taxes on six or seven lets, enabling Mr. Sanders to own or buiId that many homes on an approximate property wi~ich shouId only accommodate about three or four homes. Our beautiful wooded area in Shore Acres is a very desirable place ~o live, but wii1 lose that desirability if, in fact, we turn into a development. I see no reason to "lam' another home in an insufficient lot area, when the new owners have already made and seen a very lucrative investment. I have seen no conflict of people or property, wntiI recently, in our area, and I, for one, feel the beauty and serenity of Shore Acres, suffers from both of hhese issues. I beIieve in development and in slaking profit, but in this case i would most assuredly call this "overkill" Why not clean up and mend the area (specifically,a fence between the property of Mi'. Sanders' and myseiF) and, still exist~,n,~n damage from hurricane Gloria; and keep Shore Acres a "beauti!-ul w.,oc, ed a rea" Thank you for'ihe I would appreciate this issue. reading and censideratfon of this letter and being contacted as to the decisions made on ~ince'relv, Dian E. FesL CC: ~HSTP-UCT IO,l~: ~ ~ Irt order to answer the questions in this short EAF it is assumed that the preparer will use currently available infiormation concerning fha project end ibc likc. ly impacts of the aciion. ~ i5 hal expected oddilionol 5iudics, research or oiher invesfigolions will be underfskcn. (b) If any question has been ons~ered Yes the project may be significant ond o comp!efe~ 5nvironmenfol ~ssessmenf ~orm 15 necessary. (c) If ol! questions hove been answered No if i5 likely %hsf %his projcc~ i5 not significant. '.. (d) Environmental Assessmen~ ' i. ~','ill project result in o large physical change to ihe project sife Or physically ~lfer more ¢hon 10 acres of land? ........................ Yes X No 2. ¥/ill there 'be o major chon~e to any unique or -unusuo! land form found on the site? ......... Yes X 3. ¥1ill projecf olter or have a large effecf on ' ting body of wo~ r? Yes X 4. ¥1ilt projec~ have a potentially large impact on 9roundv¢o%cr quell(y? ............ ¢1 dj t it ? Y X N ' 6. %','ilt project effect any ihreo~cned or ' endangered plant or animal species? .......... _ Yes X' 7. ¥/ill project result in % major adverse eff,,e~t . / on air quality? ........... ; .................. Yes X No ,' 8. %'/il! project have o major effcc~ on visual charocler of the community or scenic views or v~sios known to be important ia t~e community? ~. %/il! project adversely impact any site or .. . structure of historic, prehistoric or paleontological ~.m[)ol'~once or any site designated os a crt%ice! environmental, area 10. %';ill pro joe! have a major effect o;~ ex~st.tng or future recreational opportunities?. ....... Yes X 11. ¥/.ill project result in .major traffic problems or. cou~e o major c~fcct ~o ex-isting tronsporto+; on, .. systcms? ....................... Yes x YJill pr~jcct .regularly cause objectionable odo~s, noise, glare, vibratior,, or e!ccLricaI disturbance os a result of the project's opcroiion? ......... ' .................... Yes X No Y/ill project have any impoc[ on public health or safety? Yes X No %'/ill p~ojecf effect ~he exisfin9 community directl), cGusinO o Growth in permoncn~ population o¢ more then 5 perccg% over o one year pcr~od or hove o mo jar negative e~fcc~ % on lbo character o¢ the community or neighborhood? ................................. Yes X ~5 Is there public confrere, ' ~- concerning the ,project? ...................................... Yes % 12. DATE DISCLOSURE STATEMENT Pursuant to the Provisions oF Article 18 of the General Municipal Law of the State of New York, please be advised that I am an employee/salesperson affiliated with Celic Estate Agents, Inc., Main Road, Mattituck~ New York, and therefore hereby disqualify myself as a member and Chairman of the Board of Appeals from any discussions on this matter. Mattituck, NY 'l~. 52 TO WHOM IT MAY CONCERN: ~ disclose the following statement in the event the property which is the subject of this application should be pending a real estate activity with Celic Estate Agents, Inc., who holds my real estate license: I have no interest whatsoever in the sale of this property and am not a part of any other pending real estate activity of a business or professional nature which might be a conflict with my duties as Chairman or Member of the Board of Appeals of the Town of Southold. /' Gerard P. Goe~ringer / I\ ""-- E L'¥. ~NE¢ O.c' 4~O,84 TO -' - CUr2VE' CO~F4 AT NOf2TF4 Dr,_~, PL©T 50,0 NOTE: 94 -~ /: O~ r'dAP OF:' Pf2OP~'_rL :", D