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HomeMy WebLinkAbout3592 Southold Town Board of Appeals MAIN ROAD- STATI[ ROAD 25 SOUTHOLD, L.I., N,Y, 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3592 Application 'Dated December 4~ ]986 TO: Justice and Mrs. Joseph Snellenburg Private Road Southold, NY 11971-0576 [Appellant(s)] At a Meeting of the the above on your Zoning Board of Appeals held on November 18, 1987, appeal was considered, and the action indicated below was taken [ ] 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 XI , Section ]00-l]9.]8 [X] Request fm~ Appealing Order Requiring a Building Permit, Section 100-141 Application of BENTE SNELLENBURG for Variances to the Zoning Ordi- nance, Articles: (1) XI, Section lO0-119.1B for approval of eight-foot high fencing along the easterly property line a length of 72± feet, (2) XII, Section 100-141, Appealing the November 6, 1986 Order to Remedy Violation which mandates a building permit for new fencing along the easterly property line. Location of Property: Private right-of-way extending off of the east side of South Harbor Road known as Private Road No. 10, or Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-2-21. WHEREAS, public hearings were held on this matter on March 5, 1987, July 16, 1987, August 20, 1987, and concluded on October 8, 1987 in the Matter of the Application of BENTE SNELLENBURG under Appl. No. 3592, 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. This is an application requesting a Variance from the Provisions of Article XI, Section lO0-119.1B for approval of the construction of fencing along the easterly property line a total length of 72± feet with a height at eight feet. The entire fencing is 144 feet long and the remaining sections are at a height of six feet. The fence appears to be located along the east (§ide) property line as confirmed by survey prepared by Anthony W. Lewandowski dated May 11, 1987 and submitted on July 16, 1987. 2. The premises in question is designated on the Suffolk County Tax Maps as District lO00, Section 87, Block 2, Lot 21 and is situated along a private right-of-way extending off the (CONTINUED ON PAGE TWO) DATED: November 19, Fo~n ZB4 (rev. 12/81) 1987. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD · Page 2 - Appl. No. 3592 Matter of BENTE SNELLENBURG Decision Rendered November 18, 1987 east side of South Harbor Road, Hamlet of Southold, Town of Southold. 3. The subject premises contains a total area of 1.O± acre(s), and the copy of survey prepared by Otto W. VanTuyl & Son dated October 14, 1960 depicts a single-family, two-story frame dwelling, an accessory one-car garage, and two accessory sheds. 4. Article XI, Section lO0-119.1B permits fences, walls, hedges, or other live plantings within five feet of the property lines and when located along side or rear lot lines not exceeding six-and-one-half feet. 5. It is the position of this Board that a grant of the variance to permit the fence height to remain at eight feet is not warranted for the reasons given in the appellant's record. The percentage of relief requested is not the minimal necessary, being a variance of 24% of the requirement. 6. Article XII, Section 141 provides as follows: ...No building in any district shall be erected, reconstructed, restored or structurally altered without a building permit duly issued upon appli- cation to the Building Inspector... 7. It is the position of this Board that a Building Permit application and consideration therefor is required for all buildings. A "fence" falls within the category of "building" as defined by Section 100-13 of the Zoning Code. 8. It is also the opinion of this Board that: (a) there are other methods feasible for appellant to pursue other than a variance; (b) the relief requested is not within the character of the immediate area and will be a substantial change, creating other precedents to follow; (c) the practical difficulties claimed are not sufficient to warrant the granting of the relief requested; (d) the circumstances of the property are not unique; (e) there will not be an increase in population density thus created by this variance; (f) that in view of all the above factors, the interests of justice will be served by denying the relief requested, as further noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was determined as follows: 1. A building permit is required for the subject fence; 2. The relief requested for the fence at a maximum height of eight feet is denied; 3. The fence shall be permitted not to exceed 6½ feet provided it is appellant's property and not onto the to remain at a height located within the neighboring property; 4. The 6½ ft. height of the fence shall not encroach into the frontyard area (as provided by Section lO0-119.1A of the Zoning Code). Vote of the Board: Ayes: Messrs. ~o i~~I Douglass and Sawicki. (Member Doyen of qis~Es$(I)~.TO~I~aTO~bNe~.) This resolution was duly adopted. * GERARD P. GOEHR~NGER, C~IRMAN lk DATE '~/~-~[~ HOUR Town Clerk, To~?:. of !'. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Town Law and the Code of the public hearings will be held APPEALS at the Southold Town pursuant to Section 267 of the' Town of Southold, the following by the SOUTHOLD TOWN BOARD OF Hall, Main Road, Southold, NY at a Regular Meeting, THURSDAY, MARCH 5~ 1987 at the-following times: ....... 7:35 p.m. Appeal No. 3590 - THOMAS AND CATHERINE ZIMMERMAN (Recessed from 2/5/87)'. Addition to nonconforming dwelling structure exceeding 50% of fair value. 265 Rochelle Place,- Mattituck, NY; 1000-144-04-9 & 8. - 7:40 p.m. Appeal No. 3603 - JAMES CROSS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area (78,408 sq. ft.) of parcel proposed to be set-off'~in this pending division of land. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map District 1000, Section 109, Block 1, Lot'-8.5. 7:45 Exception "Bed and proposed p.m. Appl. No. 3610 - CAROL A. BARTHOLOMEW. Special to the Zoning Ordinance for permission to establish Breakfast" use, incidential and subordinate to the single-family dwelling use, i~ accordance with the requirements of Article II1, Section 100-30(B)[16]. Location of Property:--7015 Wickham Avenue, Mattituck, NY; County Tax Map District lO00, Section 107, Block 5, Lot 4, - 7:50 p.m. Appeal No. 3612 PHILIP AND ELLEN BELLOMO~ Variance to the Zoning Ordinance, Article XI, Section 100-t19.2 for permission to construct addition at ~ear of dwelling with an insufficient setback from wetlands along Great Pond at 7455 Soundview Avenue, Southotd, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. - - 8:00 p.m. Appeal No. 3511 KAPELL REAL ESTATE INC. and LIMPET CORP. Variances to the Zoning Ordinance, Article IZI, Section 100-31, Bulk Schedule for approval of insufficient (1) lot area, (2) lot width, (3) lot depth of two parcels in this pending division of land. Location of Property: Linett and Brown Streets, Greenport; Greenport Driving Park Map, Lots 16 and 65; County Tax Map District 1000, Sect·ion 48, Block 3, Lot 25.1. Page 2 - Notice of Hearings Southold Town Board of Appeals R6gula~ Meeting ~ March 5, 1~87 8:05 p.m. Appeal No. 3608 RICHARD F. MULLEN, JR. Variance to the Zoning Ordinance, Article XI, Section lO0=ll2(I) for per- mission to utilize subject premises for a paved pa~king area for the employees of Mullen Motors, an established business abutting this parcel alon9 the north side. Zone Dqstricts: Partly "A" " Residential and Agricultural and "B-1~' General Business. --Location of Property: East Side of Cottage P~'ace~ Southold, NY; County Tax Map District 1000, Section 62, Block 3, Lot 19. i8:10 p.m. Appeal No. 3592- BENT~E SNELLENBUR~G. Variances o the Zoning Ordinance, Articles: - (1) XI~ Section lO0-119.1(B)~ or appr6val of eight~foot-height of fencing along the easterly roperty line a length of 72± feet; (2) XII, Section 100-141~ ppealing the November 6, 1986 O~der to Remedy Vi~lation which andates a building Permit~-for new-fencing along the easterly roperty line. Location of Property: Private right-of-way xtending off of the east side of South Harbor Road known as rivate Road No. 10, or Old Woods Path, Southold, NY; County ax Map Parcel No~ 1000-87-2'21. ~ ~ 8:20 p.m. Appeal No. 3611 - 'RAYMOND AND ELEANOR KERESTER. Variance to the Zoning Ordina'n~e, Article III,-Section 100~3!-~ Bulk Schedule for approval of insufficient lot width of three parcels,'ea~h~c6ntaining ~.6± acres; in this pending minor subdivision] Location of Property: West side of Paradise Point Road and north side County Tax Map Parcel No. The Board of Appeals of North Bayview Road, Southold, NY; 1000-81-1-25. will hear at said time and place all persons or representatives d~6iring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments~may_be submitted p~ior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: February 23, 1987. BY ORDER OF THE SOUTHOLD TOWN _ BOARD OF A~PEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowal. ski, Board Secretary NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the SoJthold Town Hall, Main Road, Southold, New York, on THURSDAY, JULY 16, 1987 at the following times: 7;35 p.m. Ap.pl. No. 358i GEORGE D. DAMIEN. Variances to the ZoningOrdinance, Article III, Section 100-31, and Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12, containing a total area of 28,919± sq. ft. 7:40 p.m. Appl. No. 3639 WILHELM FRANKEN. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100~ltg.2~L'for permission to locate 25' by 25' accessory building in sideyard area and with insufficient setback from existing bulkhead along Gull Pond Inlet. Location of Property: West Side of Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision Section I, Map 2752, Subdivision Lots 14 and 15; County Tax Map District 1000, Section 35, Block 6, Lots 22, 23 and 24 (now 24.1). 7:45 p.m. Appl. No. 3635 - ARTHUR V. JUNGE. Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish electrical shop use in this "A-40" Residential and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19, containing 45,589± sq. ft. in lot area. 7:50 p.m. Appl. No. 3631 - P_~UDGE CORP. Variance to the Zoning Ordinance, Article III, Section IO0-30(A) for permission to establish and construct 7500 sq. ft. building for industrial use in this "A" Residential and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 20, containing 39,524± sq. ft. in lot area. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - July 16, 1§87 7:55 p.m. Appl. No. 3638 - JAMES AND MARY TYLER (continued from June 18, 1987). Special Exception modifying Appl. No. 3400 to permit vehicle doors to face street side as constructed. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6u 8:00 p.m. Appl. No. 3642 - DINA MASSO. Variance to the Zoning Ordinance~ Article XI, Section 100-119.2 to construct accessory boathouse structure with deck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bulkhead along Peconic Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY; LOt 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section lll, Block 13~ Lot 04. 8:05 p.m. Appl. No. 3644 --FREDERICK WIGHTMAN/DAVZD FREY/ JOSEPH REINHART. Variance to the Zoning Ordinance, Article III, Section lO0-30(A)~ Article XI, Section lO0-118(E) for establishment of business uses, and/or interpretation, to permit the following activities: retail sales and storage, business office, professional office, governmental office, contractor office, personal-service store or shop, as described for the "B-Light Business" Zoning District, Section 100-60(A)[2],[4],[8] inclusively, in conjunction with existing single-family dwelling unit on second-floor having a livable floor area of 900 sq. ft. Zone District: "A-40." Location of Property: North Side of Main Road, Peconic, NY; County Tax Map District lO00, Section 75, Block 1, Lot 16, con- taining 1.0194 acres. 8:20 p.m. Appl. No. 3645 - PAUL AND CHARLOTTE GALGAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct additions to dwelling landward of existing construction and within 75 feet of existing bulkhead along Eugene's Creek, 4605 Stillwater Avenue, Cu~chogue, NY; County Tax Map District 1000, Section 137, Block 03, Lot 05. 8:35 p.m. Appl. No. 3496 - FREDERICK KOEHLER, JR. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct 38' by 16' beach pavillon and attached deck areas extending a length of 124± feet and width of 28 feet (exclusive of stairs), accessory and incidental to Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting July 16, 1987 the established single-family residential use of the premises, not to be operated for sleeping or habitable purposes and not operated for gain, within~75 feet of ordinary highwater mark and/or landward edge of tidal wetland, along Peconic Bay~ 575 Old Harbor Road, New Suffolk, NY; County Tax Map District 1000, Section 117~ Block 03, Lot 06. 8:40 p.m. Appl. No. 3592 - ~ENTE S~LLENBURG (Continued om APril 20, 19871~as requested). Variances to the Zoning dinance, Articles: (1) XI, Section lO0-119.1(B) for approval eight-foot height of fencing along the easterly property line length of 72± feet; (2) XIi, Section lO0-141, Appealing ~he vember 6, 1986 Order to Remedy Violation which mandates a ilding permit for new fencing along the easterly property ne. Location of Property: Private.right-ol-way extending ~ff the east side of South Harbor Roao (known as Private Road ~it~tO~o~ ~o~a~l,B~h~id~o~Y~l~ounty Tax Map The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: June 30, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GoEHRINGER~ CHAIRMAN Lind~ Kowalski, Board Secretary Notice to Newspapers: Please publish once, to wit: JULY 9TH, 1987 and forward two affidavits ]of publication to: Board of Appeals, Main Road, Southold, NY l1971,(on or before July 14th). Thank you. 765-1809. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD'TOW~ BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on ~HUR.S_D~y, AUGUST 20, 1-987 at the following times: 7:35 p.m. Ap.pl. No. 3602 MARGARET McNAMARA. Variance to the Zoning Ordinance, Articl~-X~, Secti-on-iOO~ll9,2(B) for permission to construct wooden deck attached to e-xisting dwelling with an insufficient setback from existing timber bul-khead and Peconic-.Bay. Location of Property: 640 Takaposha Road (Private Road #.15), Southold, NY-; County-Tax Map Parcel No. 1000-87-06-10. -~ 7:40 p,m, 2ppl. No. 3646 ~'ROBERT AND NANCY MUIR. Variances to the ~on.ing Ordinance, Article III, Section 100~31, Bulk Schedule, for permission to construct additions to dwelling with an insufficient rearyard setback and insuffi- cient frontyard setback. Location of Property: Corner-of Gillette Drive and Cleaves-Point Road, East Marion, NY~ ~ounty Ta~. Map Parcel No. 1000~38~2-29. 7:45 p,m. 2ppl. No. 3643 EUGENE PERINO. Variance to the Zoning Ordinance, Article X~, Section 100~119.2 for permission to locate proposed dwelling with or without deck -addition within 75 feet of nearest wetlands along the shore- line of Mariom_Lake. Location of Property: West Side of private right-of-way known as "Truman's Path," East Marion, ~NY; County Tax Ma~ Parcel No. lOgO-31-12-16. 7:50 p.m. Appl. No, ~644 JOSEPH. REINHART, FRED and'DAVID FREY. Recessed hearing.from July 16, 1987 to reconvened. WIGHTMAN, be 8:00 p.m. Appl. No. 3647 - JOHN AND JOAN WETZEL. Variance to the Zoning Ordinance, Article III, Section lO0-31 and Article XI, Section 100-119.2, to construct additions ~o dwelling with red~c- tions in the sideyar~,.-and to construct addition landward of existing dwelling structure 70± feet from the neares~ wetland edge or highwater mark along Eugene Creek, Location of Property: 4635 Pequash Avenue (Fleetwood Road), Cutchogue, NY; Fleetwood Cove Lot No. 12; County Tax Map Parcel No. 1000-127-04-006. Page 2 - Notice of Hearings Regular Meeting August 20, 1987 Southold Town Board of Appeals 8:05 p.m. Appl. No. 3648 FERUCIO FRANKOLA. Variance to the Zoning Ordinances Article XI, Section 100-119.2 for permission to construct swimmingpools deck and fence enclosure within 75 feet of wetland area a~ong West Creek. Location of Property: 1900 Glenn Road, Southold, NY; West Creek Estates Lot No. 19; County Tax Map Parcel- No. 1000-78~02-36, 8:10 e.m. Appl. No. 3655 ELLEN HOPE DeMARIA. Variance from Condition No. 1-r~ndered Jply 8~ 1-965 under APpeal No. 785, and Article III, SectiDn lO0-32,-for approval of the construc- tion of accessory storage shed in front-yard area as shown on survey Drepared by RodericK VanT'uyl, P.C. April 9, 1984. Location of Property: West Side of Private Ro-ad (We~% View" Drive), Orients NY; County Tax Map Parcel No, 1000-13-3-3. 8:15 p.m. Appl. No. 3656 - NICHOLAS IPPOLITO. Variances to the Zoni-ng Ordinance, Article I.II, Section--lO0~21, and Article XI, Section lO0-119.2, for permis.sion to construct garage addition to dwell-ing with an'insufficient southerly -sideyard setback, insufficient total sideyards, insuffici-ent setback from bulkhead ~long Arshamomaque Pond~ and excessive lot coverage. 'Location of Property: 230 Carole Road, Southold, -NY; County-~a~-Map Parce~ No. 1000~052~02-00~. 8:30 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. Variance p~rsu-ant t,o-New York Town Law, Secti-on 280-a, for approval of access over p~ivate rig-hr-of-way extending 170 feet from the north side~ of Main Road-, Orient, NY; County Tax Map Parcels No. 1000-18-4-1.3 and 2. 8:40 p.m. Appl. recessed from July q6, 8:50 p.m. Appl. BENJAMIN HE.RZWEIG_,~ E.SQ. Article XI, Section lO0= "building envelope' with No. 3592 ~ BENTE SNELLENBURG. Hearing 1987. No. 3654 WILLIAM MOORE, ESQ. and -~ariance to the Zoning Ordinance, 119.2 for permission to establish setbacks of not less than 38 feet from n6arest wetqand along existing two-foot contour and not less than 30 re'et from the front property line (as approved under Appl. No. 3412 June 30, 1987). Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No, 42; County Tax Map Parcel No. 1000-115-5-7. said time and place to be heard in each not start before The Board of Appeals will hear at all persons or representatives desiring of the above matters. Each hearing will Page 3 Notice of Hearings Regular Meeting - August 20, 1987 Southold Town Board of Appeals the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing, For more information, please call 765-1809. Dated: July 27, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. G~EHRINGER, CHAIRMAN Linda Kowa]ski, Board Secretary Not.ice to Newspapers: Please publish once,~to wit: A_~_~gust 6th and forward two.affidavit, s of ~ublication to: Board of Appealed.Main Road, Southold, NY 11971. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS au a Regular Meeting a~ the Southold Tcwn Hall, Main Road, Southole, New York, on THURSDAY, OCTOBER 8, 1987 at the foi~owin~ ~imes: ~ Appl. No. 3651 DEAN KAMEN. (Recessed from 9/10/87). ~from 8/20/87)7:40 p.m. Appl. No. 3592 BENTE SNELLENBURG. (Recessed] 7:45 p.m. Appl. No. 3668 GERARD C. KEEGAN. Variance to the Zoning Ordinance, Article ×I~ Section lO0-119.1(C) for appr6val of construction of fence in the easterly frontyard area at a height of six feet. Location of Property: ~6st Side of Founders Path and East Side of Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39. 7!50 p.m. Appl. No. 3657 CLYDE FRITZ. Variance to the Zoning Ordinance, Article III$ Section lO0'~31 for approval of insufficient lot area, width and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Southold, NY; County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 of an acre. 7:55 p.m. Appl. No. 3663 -~MARIO CASTELLI. Variance to the Zoning Ordinance, Article III, Section 100-30 for approval of sign as exists Of excessive si~e in this "A-40" Residential and Agricultural Zoning District and advertising "L~ndscaping & Sprinklers by Forever Green~" Location of Property: South Side of North Road (C.R. 48), Peconic, NY; County Tax Map Parcel No. 1000-69-4-1.3 8:10 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES. from 9/10~87). - (Recessed 8:15 p.m. Appl. No. 3593 and No. 3659 - QUIET MAN INN. (Both hearings recess6d-from 9/10/87) 8:25 p.m. Appl. No. 3664 - ANA G. ST~.L[O. Variance to rescind prior decision rendered under Appeal No. 3562 on December lt, 1986 for a conditional approval under New York Town Law, Section 280~a, and deleting Condition No. 2 of prior decision rendere~ under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Section 280-a over the existing Page 2- Notice of Hearings Southold Town Board of Appeals October 8, 1987 Regular Meeting right-of-way approximately 100 ft. to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), located along the ncrth side of Main ~oad, Orient, NY~ County Tax Map District lO00, Section 147 Block 2, Lot 26 and Lot 12.2. 8:35 p.m. Appl. No. 3670 - ROBERT H. FREY. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open deck construction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Section Is Lot lO, Southold, NY; County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669 MICHAEL AND ELIZABETH LADEMANN. Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with insufficient setbacks from ~he northerly front property line along a private a right-of-way and from the nearest wetland grasses~ premises known and referred to as Lot No. l, Map of Blum and Littell~ located along the East Side of Stillwater Avenue, Cutchogue, NY~ County Tax Map Parcel No. 1000-103-1-19.6. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted ~rior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: September 28, 1987. BY ORDER OF THE SOUTNOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski~ Board Secretary Notice to Newspapers: Please publish once, to wit: October 1987, and forward six affida9its of publication on or before October 6th to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. RE~E~VED Tow sou'mO . , ~0~ ~"/~I~I~ROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ...~ ~/'.o. ~3....../'...8.~ .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. L. (We) ...... ~.e...q,% .e...:~ :.....s. ~"e'.z..z,..e. ~..b.,u..~ g ............ of ................. ~ ~ ~.,a. t. e....~,o..a..,a. .............................. Name of Appellant Street and Number Southold ......... I,..~.:..Y.:. .......... HEREBY APPEAL TO Municipality State ORDER THE ZONING BOARD OF APPEALS FROM THE I~'~:)t~ OF THE BUILDING INSPECTOR ~ ,~;~-[Xl~,l~J~Yf~-Zl~S~f~ ..................................... DATED ~ovember 6, 1986 WHEREBY THE BUILDING INSPECTOR:~L~'if~ ORDERED A VIOLATION RE}4EDIED ( ) ( ) (x) Bente ?. Snellenbur~ Nome of Applicant t~:~:¢~}~i~ of ...... .......................... .................. ........... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Violation as to BuildinQ.Permi~ for±~- z u J_ ~gf~nce0~-n~4fence exceeding 6.5 feet in height ~ectlon ±uu-±±~. - 1. LOCATION OF THE PROPERTY 1935 Priv,a. te Road .~10 , Southold Street 1000-87-2-21 ................................................................................. Current 0~ner Map No. Lot No. Use District on Zoning Map Bente F. Snellenburg 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 O[dinance.) Variance Ar i - lg.lg~ Article ]00-14]. (Appeal) 3. TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Map Article 100-119.113 ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 X An'/~J~_A~L~ from an order requiring a building permit (Town Law ~ection zo/ suD~ivision 2) 4, PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building InSpector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ........................................................... : .......... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ~ A Variance to the Zoning Ordinance (x) An~Ap~eal~ from an order requiring a building permit Section 267 subdivision 2) is requestedtor the reason that (Town Law ]Porn Z]~l (Continue on other side) REASON FOR APPEAL Continued : [a'rea tv e 1, vSaT~cAe~PLICATION OF THE ORDINANCE would produce procticaI difficuities~ ~-9~:~¥FTqA:E~S~he~ause appellant's pre-existing parcel is only 120' wide ~'ZO-i~0w or 175'); the easterly side yard ls only 10 ~ appellant must use her rear yard for deck typ~ recreational purposes. The easterly adjoining lot, with a new dwelling facing south~ is 200~ long x 105~ deep; that lot's deck/seating area is only ~ from appellant~s property line and rear yard. Appellant replaced existing fencing and plantings with a 144' stockade fence to afford both parties a modicum of privacy and %o overcome the proximity of recreational areas of the two parcels° Only the center 72' of the fence is over 6 1/2' in height (24~ of 6~? 72~ of 8'; 20' of 6'). 2. The hardshipcreatedis UNIQUEand isnotshared by all propeffies oli~ in the immediate vicinity of this property and in this use district because of.configuration of the easterly parcels. Appellant's front yard is screened by evergreen plantings satisfactory to appellant and the adjoining owner. Evergreens have not thrived in the rear yard. Uniqueness exists in the property configura- tions aforesaid. Appellant's pre-existing parcel abuts a filed map with parcels differently juxtoposed so as to place rear/side yards in immediate proximity. 3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the replacement fence is not visible from ~ublic h%qhways. I~ separates appell~n~'s~rear/sid~ v~rd from~t~e . a]omner s rear var~, an~ is a substitute zor the p±ahLings an~ ~enclng which separated ~he parcels prior to the erection of the adjoiner's ne~ dwelling. Appellant's property has always been entirely fenced on three sides, except for the beach area. 4. In support of her appeal pursuant to Town Law Section 267~ subd. 2~ appellant asserts that the Building Inspector has erroneously interpreted Article 100 $100-141 of the Ordinance. Appellant's property was fenced prior to the 1957 enactment of the ordinance. Appellant replaced the pre-existing fencing with a different type. No building permit can be required for such replacement. sTATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Sworn to this December day of ........................................................ ~986 Y OF $OUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER ~ R~'~. ~/0 sEAs. VL S AND IMP. TOTAL DATE /ILl-AGE DISTRICTt SUB. ACREAGE / TYPE OF BUILDING LOT Tara I House Plot Value Per Acre _~ Tilloble ;3 _ W°°db~d Swampland Brushlana~~ Tillable 2 Tillable I AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value V REMARKS /~ _/~Z~/~'~ ~ COMM. I~ND. CB. J MISC. J Bldg. .tension Garage Foundation Bath Floors .Interior Finish Fire Place ! Hea~ Porch Attic Rooms I st Floor~ Porch pa/rio RoOms 2nd Floor Driveway DEPARTMENT OF PLANNING COUNTY OF SUFFOLK MICHAEL A. LO(~RANDE SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING November 25, 1987 Town of $outhold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Con~nission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~Bente Snellenburg Gerard C. Keegan George L. Penny, Inc./Jerry Schulman George L. Penny, Inc. 3592 3668 3682 3683 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERAN8 MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 11788 (516) 360-5192 Southold Town Board of Appeals MAIN RDAD- -~TATE RnAD 25 SE)UTHnLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765 1BO9 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XII! of the Suffolk County Charter, the Board of Appeals of the Towo of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section xX Special Permit RequeSt Appealing Order Requiring a Building Permit, Section 100-141. Appeal No.: 3592 Applicant: Justice and Mrs. Location of Affected Land: Private Rd. No. County Tax Map Item No.: 1000- 87-2-21. Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Joseph Snellenburg 10, Southold, NY State or County Road, Parkway, High.,~ay, Thruway Boundary of Existing or Proposed County, State or Federally 0wne d Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. approval of COMMENTS: Applicant is requesting ~~ ~ eiqht-foot hiqh fencing and the Nov. 6~ 1986 Order to Remedy Violation which mandates a building permit for new fencing- Copies of Town file and Dated: Nov. ~, 1987 related documeni~s enclosed for your review. ka~ Channel Channe I Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 .c;OUTHOLD, L.I., N.Y. 1]cJ?} TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS ERARD P. GOEHRINGER, CHAIRMAN ;HARLES GRtGONI$, JR. ERGE DOYEN, .JR. OBERT J. DOUGLASS ~OSI~.PH H. SAWlC½1 November' 19, 1987 Justice and Mrs. Joseph Snellenburg Private Road Southold, NY 11971 Re: Appl. No. 3592 - Variances Dear Justice and Mrs. Snellenburg: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to issuance of any permits or other be applicable. the Building Department for approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P~ GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department By Linda Kowalski Philip J. Cardinale, Esq. Mrs. Jean I. Dean Suffolk County Planning Commission TRANSCRIPT.OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, OCTOBER 8, 1987 Appl.-No. 3592 Applicant(s): BENTE SNELLENBURG Location of Property: E/s So~th~.Harbor Road, Southold County Tax_ Map ID No. ]000- ~7 -.~L -4/ Board-Members present were: Chairman Goehringer P. Goebringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None) Also present were: Vic%or Lessard (B~ilding Dept.) Linda Kowalski, Z.B.A. Secretary and approximately persons ~in the audience. The Chairman opened the hearing at 7:50 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: The next hearing is on behalf of Mr. Snellen- burg. It's a-recessed hearing. It goes back a couple of meetings. Is there anybody here that would like to speak on behalf of this hearing? Ok. Hearing no further comments from anybody, I'll make a motion closing the hearing, reserving decision until later. Ail in favor - AYE. JOSEPH J. SNELLENBURG, II JUDGE Personal 788 October 5, 1987 Hon. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road $outhold, N.Y. 11971 Re: Appeal No. 3592 Dear Mr. Goehringer: Roderick Van Tuyl, P.C. have not, as of this date, completed the work requested. Accordingly I must again request an open recess to the Boards November meeting date. I am assured that the survey and calculations will be completed prior thereto. My apologies for the my control. JJS/to cc: Philip J. Cardinale, Roderick Van Tuyl, delay which is not within Esq. P.C. TRANSCRIPT OF HEARING SOUTHOLD TOWN BORD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl. No. 3592 Applicant(s): BENTE SNELLENBURG Location of Property: County Tax Map ID No. 1000- - BOard Members present were: Chairman Goehringer P. G~ehringer, Members: Grigonis, Do6glass, Doyen and Sawicki. Absent was: (None). Also Present were: Victor Lessard (Building Dept), Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opehed the hearing at 8:56 o'clock p.m. and read the notice of hea~ing and application for %he recO~d. CHAIRMAN GOEHRINGER: We have received a request pending a discussion with the applicant's surveyor to recess this hearing until October 8th and I'll offer that as a motion. Ail in favor - AYE. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 17, 1987 Appl. No. 3592 Applicant: BENTE SNELLENBURG Location of Property: ROW off E/s County Tax Map ID No. 1000-87-2-21. South Harbor Road, Southold, NY Board Members present: Chairman Gerard P. Goehringer, Members Serge Doyen, Charles Grigonis, Robert J. Douglass and Joseph H. Sawicki, constituting the five members of the Board of Appeals. Also present were: Victor Lessard, Building-Dept..Administrator, Linda Kowalski, Board Secretary, and approximately 12 persons in the audience. The Chairman reconvened the hearing at 9:18 p.m. CHAIRMAN GOEHRINGER: This is the last hearin.g, hearing opened lastly I believe on 4/20/87 and we will continue with the hear- ing at this p~rticular time. I will ask the applicant or the agent for the applicant if he would like to say anything, and that's Judge Snellenburg. JUDGE SNELLENBURG: Mr. Chairman. Gentlemen. I'm appearing in behalf of my wife who is not well at the moment. I'll ask the Board to dispense with her appearance. There are two matters before the Board. An appeal from a determination of the Building Inspector requiring a building permit and a variance with respect to fence height. The appeal presents the question of law. I submitted a statement, or she submitted a statement back in March, I believe it was. March 5th. And it was March 5th. And we submitted a statement. The first issue presents a question of law, which I will ask the Board to determine--the question with respect to the variance is set forth in the application and the statement I would like to hand to you at this point. (Statement the same as previously submitted on 3/5/87). I am not the property owner, as you know. CHAIRMAN: I know. That's why I say you are ~he agent for the property owner. JUDGE SNELLENBURG: Yes. Page 2 Hearing Transcript Appl. No. 3592-SNELLENBURG ZBA Regular Meeting - July 17, 1987 CHAIRMAN: We'll see what develops throughout the hearing. Thank you very much. Mr. Cardinale, would you like to speak? PHILIP CARDINALE, ESQ.: Yes. Good evening. As you know, I am here representing Jean Dean, adjacent property owner. And origi- nally I was representing her husband as well. He passed away in March suddenly, so that's the reason why this hearing has been delayed, among other reasons. The Board 'is asked to consider as Judge Snellenburg indicated two questions. I'll address it very briefly. The first, which is the issue of whether a building permit is required. In January, Donald Dean had written a letter to the Board, a copy of which I have here and which I am sure is in the file, and I will elude to that letter because it contains a number of arguments that I'll advance tonight. But certainly since the statute now requires clearly for a fence a building permit, considering it a building, specifically, and certainly since the fence that was there was a four ft..open fence, I forget what they call it-- CHAIRMAN: Split rail. MR. CARDINALE; Split rail--public policy would almost dictate that when someone is removing preexisting fence, even assuming it to be preexisting, and replacing it with a fence of a differ- ent type, that a building permit would be required. And even if it wasn't required, certainly a variance would be required here. The rest of the few moments of the Board time I will address on the variance. The standard as you well know is practical difficulty and unnecessary hardship unique to the petitioner resulting from the denial, and of course the burden is the petitioner's. If the Board concludes at the end of this hearing in consideration of what it hears and has in its file that to grant the variance would be destructive of the purposes of the ordinance, and it shouldn't. The good news here is as far as I can tell this is not an issue of a spite fence or a neighbor's squabbling. The legitimate dispute set forth before the Board here of whether or not this 72 ft. section which is clearly in noncompliance with the 6½ ft. statute can be supported by practical difficulty and unnecessary hardship unique to the petitioner. We contend that it clearly cannot be. If you look at the petition and the reasons advanced in the petition, and then in a moment look at the appeal from the order to comply from the Building Department, the reasons advanced I submit are Page 2 - ZBA Hearing Transcript Appl. No. 3592 - SNELLENBURG ZBA Regular Meeting ~ July 17, 1987 PHILIP J. CARDINALE, ESQ. (continued): not strong. The practical difficulties in this situation we contend are not great to the petitioner. We contend further the hardship is not unique, and more particularly self~imposed, self-inflicted. And finally we contend that the character of the district in the area would in fac~ be changed by such stockade fence of eight ft. The petition indicates that the appellant's preexisting parcel is only 120 ft. wide, whereas the buildings built closer are 150 or 175. That may be true, but if you look at the Tax Lot Map, this is as wide as most of the other lots in the surrounding area, so that it is not unique as to width, and we contend that it is not unique further in any pertinent way. The issue of the uniqueness I'll elude to--in passing if he insists but I'll leave it to your consideration. The issue as to hardship is the one that I think is really weak in the petition. The hardship we maintain is not unique. We also maintain it's self-inflicted in two ways. The foliage was cut down, which you'll see from some of the pictures here prior to putting in this fence, so that the privacy was minimized in the process of putting in this noncomplying fence. Furthermore, prior to the fence going up, petitioner was on notice from the objectant that the fence was not in compliance and it was requested that the fence not go up. So that for reasons so to argue that it is a unique hardship because the privacy is required but at the same time to acknowledge that much foliage was taken out in order to put up the fence, and also to acknow- ledge that I knew I wasn't supposed to put up the fence at 8 ft. when I put it up because my neighbor spoke to me prior to the fencing going up--it seems to me the hard~hip spoken of here is self-inflicted. As to the character of the district, again I elude to the letter of January 27th written by Donald Dean. A stockade fence of the type that these pictures will reflect he argues and I arg~in turn, certainly more reflective of a nonrural close quartered environment than it is of the kind of rural shrubbed environment had existed And for that reason, I think the character of the district would in fact be changed by permitting not only a stockade 'fence but a noncomplying stockade f~nce. Page 3 - Z.B.A. Hearing Transcript Appl. No. 3592 - SNELLENBURG Z.B.A. Regular Meeting - July 17, 1987 P. CARDINALE, ESQ. continued): Finally, eluding to the appeal, and the arguments asked in the appeal from the Order to Remedy Violation, there are four statements made, each of which we disagree with. "A variance it is maintained is 1½ ft. and is not substantial." Well, it is a 20% variance that is being sought here. You're being asked to have permitted an 8 ft. fence in a 6½-ft. zone. That is I think a substantial variance. The second argument is"that an additional 1½ ft. of fence height will not c~ange the neighborhood character." I've indicated and these pictures will show you in a moment that this fence particularly since with reverse side as the most unattractive side, to the neighbor, would in fact change marketly what Mrs. Dean sees outside of her windows. Incidentally, there is no reason for us to believe there is anything but a legitimate dispute between neighbors since they had no reason-- no unpleasantness prior to this. The third re-ason advanced is "that the appellant has no remedy other than to remove her recreational area." This I think is the weakest of all the arguments, since I can give the appellant three very readily-- I've argued that it is a self-inflicted hardship. I can give the appellant three very readily obtainable alternatives of which could be done to remedy this existing violation. Number l, since the fence starts at six, unfortunately during the 72 ft. period it runs along the objectant's line goes to eight and then comes back to six, you could simply make it a six ft. fence by simply cutting off two ft. of the offending portion. Another way to easily remedy the situation would be move he says his recreational area. There isn't any recreational area as I understand it. There is no deck if you look at the survey attached to your petition. There is nothing behind that house. He could sit on the lawn or the open area on the other side of the yard. There is no preexisting deck which requires him to be close to that side and which requires the fence. The final thing, which occurs to me as I read the statute is, if he moved his fence in five ft. at the point where he wants to make it eight ft., it is my reading that you would not have jurisdiction because it wouldn't be--the statute reads that any fences along the lines to comply and then it further states that along the lines could be within five feet of the line. So if you want to put up an eight ft. fence, it would seem to me that you would just move in five ft. He didn't do that. So there are very easy things.that could be done here to avoid the situation which presently exists which Page 4 - Z.B.A. Hearing Transcript Appl. No. 3592 - SNELLENBURG Z.B.A. Regular Meeting July 17, 1987 P. CARDINALE, ESQ. (continued): not in compliance with the Code. Ok, the only other statement that I have in regard to the issue of basically the character of the area and what this noncomplying fence does to it, and also for your consideration the balancing of the equities here as to whether as a practical matter you're going to insist the Judge Snellenburg make his fence a six ft. fence throughout r~ther than_six-eight-six, or whether you're going to let it go and grant this variance. Obviously this is not the most earth-shattering decision the world would see this year; however, I think it's a legitimate issue that you really have to consider carefully whether there is unique--practical difficulty and hardship are unique to this situation, and it is very important for this judgment for the following reasons: The property -- th~ privacy affording shrubbery was removed for a portion of this construction. The appellant according to your letter in your file left the 72 ft. of noncomplying 8 ft. high stockade fence prior to applying for a variance and states that the evergreens have Dot thrived in that area. We cannot check this since they are now down. But it appears now that there are at least 35 vertical trumps with healthy foliated branches on the appellant's side of the yard which rises above and immediately along side the 8' ~igh portion of the fence. There are also another 35 evergreen trees in the easterly adjoining lot within 15 to 20' of the path adjacent and parallel to the noncomplying section of the fence. So what we are saying is the shrubbery certainly to our view thrived or did well enough for indeed it had to be cut down in order to put the fence up. The fence that was put up several points of it pursuant to the survey, which I'll offer to have you consider for the file once Judge Snellenburg looks at it and it indicates certainly that the fence post up to almost a foot encroach on the property of the Dean's. Secondly, that one of the pictures put over here indicate that in fact one of the trees on the Dean side was taken down during the construction. I say this only in the sense of a context of how this occurred. It occurred in too high, it occurred without the neighbor's knowledge. She asked how high is it going to be--she was told it was going to be 8 ft.-- Page 5 Z.B.A. Hearing Transcript Appl. No. 3592 SNELLENBURG Z.B~A. Regular Meeting - July 17, 1987 P. CARDINALE (continued): she indicated an objection--she indicated the reason for the objection that the house was considerably designed for a particular view--and the objection was heard--no comment was made--the fence was put up--and two days later when she returned on a Friday the fence was completed. My point is simply that there was notice that this fence would be not in compliance with the existing statute, so that if there is a problem here it is a self-inflicted problem. CHAIRMAN: Thank you. MR. CARDINALE: Ok. We'll move along quickly. I know this is your last hearing this evening. The fence as evidence by the Picture #2 here, in addition to bein9 two feet too higher or perhaps too high is unsightly. T~at's obvious}y another reason why we feel we changed the character of the area particularly our neighbors' are in view of that area, and #2 seeks to evidence that point. CHAIRMAN: Can I just address one issue? Is there at any point an encroachment on the Dean's property by the fence? MR. CARDINALE: Yes. We contend as per the survey that there is an encroachment-- CHAIRMAN: Could I just see that survey and I'll give it back. (Chairman viewed A. Lewandowski survey dated May ll, 1987). CHAIRMAN: Ok. MR. CARDINALE: I'll leave that there for the moment and I'll submit them all, I want to show them to the Judge first. The context or the arguments that are addressed now or again going to balancing the equities and the character of the area. The house as evidenced ~ Photo #3 h6re --we contend and Mrs. Dean will support this and testify too as necessary, that the rear view of the house here specifically the window and the kitchen were specifically angled at some expense by the Architect in his plans to enjoy an unobstructed view of the water during the winter periods certainly. If the fence conformed. Now, Page 6 Z.B.A. Hearing Transcript Appl. No. 3592 SNELLENBURG Z.B.A. Regular Meeting - July 17, 1987 MR. CARDINALE (continued): this is interesting. This is what ( ) of Mrs. Dean's--that if that they when they built this house, which.was built between January of 1985 and January of 1986, that they were aware that there was a 6] ft. fence requirement, and that this view and this angled window which cost them another $1,000 in their house would--if the fence was not higher than the 65 ft. before and the continued view as would the windows in the other downstairs area of the house--it clearly at this point, is obstructed and the view is ruined for ~hem. If you b~lieve~ I contend that they built their house relying on the 6½-st. statute, then I believe that you must consider that in weighing the equities-- that's Picture #3. The photos that I'll show you as 4A and 4B are offered to indicate that there is in fact a view from each of the four windows on the downstairs area that were--are affected by this fence in that the character of their view and that the character of the area are affected by what is happening here. Pictures 5/~and 5A--the filed pictures I'll show you are offered to show the objectant's deck, that is the deck that Mrs. Dean has on the rear of her house--is shielded by natural foliage in consideration of her neighbor's privacy and views and her own, which works against I think the argument of Judge Snellenburg that this must be permitted because he has a unique problem that his recreational area is too close to his neighbors. I pointed out before that he has no definite specific recreational areas so he could move his area of sitting and recreatin outside to the other side of the yard~-which is 100 feet away. But further point accordingly to M~s. Dean, the distance from her deck to his is far more than 35 ft. indicated to the area where Snellen- burg§ are usually in the exterior portion of the yard. And more importantly, that it is shielded and buffered by natural foliage. Finally, the self-inflicted, self-imposed hardship scenario which I tried to put_across to you, I think should weight heavily in the equities add in the letter of January 27th written by Mr. Dean, prior to his death~ indicates that he does have a legitimate interest. And I assume that one of the problems of the 8 ft. fence is that you're worrying about the da~ger of maintenance, or wobblyness of safety. He indicates that he feels that as recently as November of 1986, some several months after it was put up it was unsafe and that it was wobbly, and obviously the higher the fence~ the more likely the safety considerations of that type would be involved. With --I would Page 7 - Z.B.A. Hearing Transcript Appl. No. 3592 - SNELLENBURG Z.B.A. Regular Meeting - Ju~y 17, 1987 MR. CARDINALE (continued): like to show the pictures I've eluded to and the survey to Judge Snellenburg and ask that they be considered by you in your deci- sion. They're numbered 1 through 5. Number One purports to show again the encroachment that I've spoken of by the survey and the fact that a tree on the side of the neighbor was in fact taken down during the construction which he objected to. Number Two is offered to show the unsightliness of the existing fence, 2 and 2A. Number 3 to show the unique angles ~f the windows which we contend were specifically designed by the architect with the 6½ statute in mind. Number 4, 4A and 4B to show the ground-floor window views were affected by this fence. And #5 and 5A show the shrub privacy and foliage surrounding the deck of the objectant and the fact that the fence is in fact not necessary for the privacy-- certainly not an 8 ft. fence is not necessary for the privacy of petitioner. So I'll give these to Judge Snell.enburg and I'm sure he has something to say. (Judge Snellenburg viewed the pictures to be submitted for the file.) JUDGE SNELLENBURG: Would you excuse us for a moment, gentlemen? SECRETARY: How many pictures are being submitted? Are 5 and 5A six? MR. CARDINALE: (Submitted photos). 1 and lA are two pictures. 2 and 2A are four. 3 is five. 4, 4A and 4B are eight. 5 and 5A are ten. There are ten pictures listed as five exhibits. JUDGE SNELLENBURG: I have no objection. I would like to reserve with respect to the survey because this is the first time I have seen them. Mr. Cardinale has indicated he will send me a copy. MR. CARDINALE (to Mrs. Dean): Do we have another copy of this Ok. We'll get you a copy of this. JUDGE SNELLENBURG: All right. And subject to my inspection. MR. CHAIRMAN: What we can do, Judge, is carry this on to the next Regular Meeting if you wish t~ close it at that point so that you may inspect the survey and see where the posts are and so on and so forth if you so desire. survey? JUDGE SNELLENBURG: Certainly it wasn't our intention to put the posts on the Dean property~ They were put where existing posts were when they were installed. Some of them may very well be out -- which case will require that they be removed under all circumstances. Page 8 - Z.B.A. Appl. No. 3592 Z.B.A. Regular Hearing Transcript SNELLENBURG Meeting July 17, 1987 MR. CARDINALE: Mrs. Dean, did you want to say anything? CHAIRMAN: You are going to have to use the mike, if you mind? We do ask you to. wouldn't JEAN DEAN: I'm Jean Dean, I live at 180 Teepee Trail. One thing I find is hard is the fact that ordinances were blatafltlyTdisregarded as evidenced by the Snellenburgs' refusal to acknowledge the existing ordinance and continued to put up the fence. It would seem to me that ordinances are made for people's protection and I feel that governing bodies have a responsibility to see that ordinances are carried out--otherwise they~lose their effectiveness. My contention-- the function of our property -- it was my husband's believe that if the fence was bound at the original height that we are not concerned about that. Also the fact that the architect spent a lot of time looking over the property in placing the different windows and on the ex~sting ordinances they would --the views would not have been affected. I know that Mr. Snellenburg has no easement rights over our views except that they were there under existing ordinances. Thank you. CHAIRM~N: Judge, is there anything that you would like to add at this point or shall we recess until the next regular meeting? JUDGE SNELLENBURG: The only ting I am interested in is the survey at this point. I don't think-- I would ask you rest on the record. CHAIRMAN: As a formality, shall We recess the hearing until the next Regular Meeting so that you may look and see if the posts are over the line and sp on and so forth? JUDGE SNE[LENBURG: Would you give me a date as to when-- CMAIRMAN: August 20th. JUDGE SNELLENBURG: And we don't need to appear unless At this survey. I'll let CHAIRMAN: You d~n't need to appear--but I don't know. particular point, I thought yo~ wanted to inspect the JUDGE SNELLENBURG: I do. But if I have no objection, you know. Either way, I will let you know by letter. CHAIRMAN: What I would like you to do at that'particular point is to reduce your--whatever statement you have concerning the Page 9 Z.B.A. Hearing Transcript Appl. No. 3592 SNELLENBURG Z.B.A. Regular Meeting July 17, 1987 CHAIRMAN (continued): reviewing of the survey as to writing, and we will then submit whatever you say to Mr. Cardinale and then he can-- JUDGE SNELLENBURG: I'll send him a copy. CHAIRMAN: Ok. Send him a copy and then he can send us a copy, and we'll close the hearing. But there will be no further verbal testimony from this particular point. Ok, hearing no further questions, I'll make a motion recessing the hearing until the next Regular Meeting only for written input, no verbal testimony, of August 20, 1987. Thank you very much,everybody,for coming in and for your courtesies. The Chairman's motion was seconded by Member Douglass, and unanimously carried. The hearing was recessed until August 20, 1987, for the purposes of accepting written communications and written input only. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals JOSEPH J. SNELLENBURG, II JUDGE August 10, 1987 Honorable Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road - State Road 25 Southold, L.I., New York 11971 Re: Appeal No. 3592 Dear Mr. Goehringer: Your letter of August 5th is at hand. Ro~erick Van Tuyl, P.C., informs me that they cannot possibly complete the work requested before October 9, 1987. Accordingly, I must request a recess for that purpose at least until the Board's October meeting date. As a matter of information, I am also advised that they will have difficulty verifying the Lewandoski calculations since, as Va'n Tuyl reads that survey, the encroachments are measured varying from one-tenth to four-tenths of a foot, and the "clear" calculations are of equally minuscule amounts. CC: Philip J. Cardinale, Esq. Roderick Van Tuyl, P.C. Very cordia~ yours, |h J. ~f~i'l e n b u r g BOARD OF APPEALS TOWN OF SOUTHOLD Appeal of BENTE F. SNELLENBURG From an Order to Remedy Violation dated 11/6/86 APPEAL No. 3592 STATEMENT Appellant, Bente F. Snellenburg, owner of Tax Map Parcel 1000-87-2-21, Appeals an Order to Remedy violation dated 11/6/86 with respect to: "Fence-no building permit" and "Fence exceeding 6 1/2' in height". Appellant appeals on the ground that no building permit was required for a replacement fence, and seeks a Variance of the height allowance of 1 1/2' for a portion of the fence along Appellant's easterly property line. (Form ZB1 dated 12/3/86 contains an error in Reason For Appeal, PP 1; the fence size is 3~2' of 6 '; 72' of 8'; 4~0' of 6') . I APPEAL Appellant did not intend to evade the provisions of BZO §100-141, 1. A permit is required for erection, reconstruction, restoration or structural alteration of a ~uilding (fence). Appellant replaced 144' of split rail fence, which has surrounded her property since the early 1950s, (predecessor deed: Liber 2839 cp 369, 6/1/48; appellant's deed October, 1962) with sections of stockade fence. A previous section of stockade fence on the easterly line was destroyed many years ago and was replaced with split rail fencing. Appellant does not believe that a permit is required for replacing fencing, even with fencing of a different type; only for new construction-erection. However, if the Board determines that replacement of fencing is within BZO ~100-141, 1, appellant will apply for a permit in accordance with the Board's directions II VARIANCE Appellant seeks a Variance as to fence height, to increase the permissable height along a portion of her easterly property line from 6 1/2' to 8'. The reasons for the application and the unique practical difficulty inherent in the physical outlay are fully set forth in the Application. The height and location of the adjoining parcel's deck makes the juxtaposition of the recreational areas a practical problem with respect to both parcel's privacy. a. The variance, substantial., ~ 1 1/2 feet of fence height, is not b. Additional one and one-half feet of fence height will not change the neighborhood character. c. Appellant has no remedy other than to move her recreational area. d. Appellant has no desire to bar objectant "water seasonal bay view" which can be enjoyed from other windows in objectant's home. However, objectant has no easement of vision, light or air over appellant's property. Respectfully Submitted Bente F. Snellenburg Southold Town Board of Appeals MAIN ROAD- ~TATE RrlAD 25 SnUTHI3LD, L.I., N'.Y. llCJ?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 5, 1987 To: Justice and Mrs. Joseph J. Private Road Southold, NY 11971 Philip J. Cardinale, Esq. Car.dinale & Cardinale Jamesport Center Jamesport, NY 11947 Re: Appeal No. 3592 Snellenburg Gentlemen and Mrs. Snellenburg: Today we are in receipt of Judge Snellenburg's August 4th letter advising of the recent status of the above matter and requesting an adjournment of the August 20th conclusion date, pending receipt and submission of an additional survey. In the event the additional survey and all other documentation can be submitted prior to August 20th, please let us know since the hearing has been calendared for 8:40 p.m. for a resolution to conclude the matter. If this is not possible, the Board Members will at that time consider a further "open recess" for a later date. Please keep us advised of developments accordingly. Yours very truly, GERARD P. GOEHRINGER JOSEPH J. SNELLENBURG, JUDGE August 4, 1987 Hon. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, N.Y. 11971 Re: Appeal No. 3592 Dear Mr. Goehringer: At the July 16, 1987 hearing wherein I appeared on behalf of my wife, the captioned appeal was continued to August 20th, for the reasons stated in your letter of July 20th. I am in receipt of a letter from Philip J. Cardinale, Esq. dated July 17th, (copy attached), en- closing the May 11, 1987 survey made for Mrs. Dean by Anthony Lewandoski, L.L.S.. I have written to Mr. Cardinale, (copy attached), with respect to verification of the encroachments, and have requested Roderick Van Tuyl to confirm the encroach- ment of the replacement posts. It was, of course, never my wife's intention to encroach on Mrs. Dean's lot, notwithstanding any possible prior encroachments of split rail fencing. If the fence does in fact encroach, it will be forthwith moved upon resolution of the present appeal. Alternatively, if the offer is still available, my wife may wish to advantage herself of the proposal contained in Mr. Carinale's letter. In light of the foregoing, applicant requests an adjournment of the August 20th submission date, pending receipt of the Van Tuyl survey, supra. JJS/to cc: Philip J. Cardinale, JOSEPH J* SNELLENBURG, II Personal (~ountll o{ ~uffolk August 4, 1987 Philip J. Cardinale, Esq. Cardinale & Cardinale, Esqs. Main Road P.O. Drawer W Jamesport, N.Y. 11947 Re: Appeal No. 3592 Dear Mr. Cardinale: Your letter of July 17th, enclosing a copy of the survey submitted to the Board of Appeals is at hand. As indicated in my letter to Chairman Goehringer, my wife is seeking verification of the 5/11/87 survey, and has requested a continuation of the August 20th date for Board submissions. She is cognizant of Mrs. Dean's generous offer, as set forth in your letter, but would prefer to reserve a determination as again set forth in the communication to Chairman Goehringer. I will promptly forward you a copy of the Van Tuyl survey, or confirmation, when received. The ultimate paragraph of your letter of July 17th, creates an inference that I am practicing law, which is not the case. While I am sure the wording was inadvertent, I will remind you that Bente Snellenburg is my wife, not a client. Very cordially yours, JJS/to cc: Hon. Gerard P. Joseph J. Snellenburg Goehringer II (JI6) 722-4744 July 17, 1987 Judge ~ow~L~- Snellenburg ~ Private Road Nunnakoma Waters Southotd, NY 11971 Re: Dean w/ Snellenburg Dear Judge Snellenburg As per our discussion at the Zoning Board of Appeals hearing last night, I enclose a copy of the survey obtained by my client. My client has authorized me to indicate to you that should in fact the posts be determxnedaencroachlng, as indicated, she would be willing to sign the necessary documents to permit them to remain~in consideration of your client agreeing to bring the fence section into compliance with the 6-1/2 foot code. Should this suggestion have interest to your client, please advise. Sincerely PHILIP J. ' A~RDINALE PJC/cmg enc. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 50UTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 20, 1987 To: Justice and Mrs. Joseph J. Private Road Southold, NY 11971 Snellenburg Philip'J. Cardinale, Cardinale & Cardinale JamespoFt Center Jamesport, NY 11947 Esq. Re: Appeal No. 3592 Gentlemen and Mrs. Snellenburg: This letter will confirm'that the public hearing in the above matter will be continued uDti] August 20, 1987 for the purposes of receiving written input from you based upon the documentation submitted during the July 16, 1987 hearing. At this point in time, no oral testimony will be permitted; and upon receipt of the written sub- missions, the hearing will be officially concluded, commencing the deliberations period. Please do not hesitate to call if you have any questions. YQUrS very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski cc: Mrs. Donald Dean Southold Town Board of Appeals MAIN ROAD- -~TATE RDAD ;~5 SDUTHDLD, l.l., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIQONIS, JR. SERGE DOYEN, .IR. ROBERT .J. DOUGLASS .JOSEPH H. SAWtCKI May ll, 1987 Justice and Mrs. Joseph J. Private Road Southold, NY 11971 Snellenburg Re: Appeal No. 3592 Dear Judge and Mrs. Snellenburg: This letter will confirm that the public hearing on the above matter is being held over until our June Regular Meeting, as requested. This matter will be readvertised and Long Island Traveler-Watchman, and of Hearing will be forwarded to you as date and time of the hearing. in the Suffolk Times copies of the Notice confirmation of the Please feel free to call our office at any time if you have questions concerning the anticipated hearing date. Yours very truly, lk CC: GERARD P. GOEHRINGER CHAIRMAN Philip J. Cardinale, Esq. Mr. and Mrs. Donald Dean Mr. and Mrs. Socratis Spirakis JOSEPH J. SNELLENBURG, U JUDGE Personal ~auppauB~', ~.~. I May 11, 1987 Hon. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, N.Y. 11971 Re: Appeal #3592 Dear Mr. Goehringer: Anticipating a soon hearing date in the captioned, I telephoned the Board Clerk. She advised me that the hearing would be reconvened on May 21, 1987, and that a notice to that effect would be forthcoming directly. On May 21, 1987 at 7:30 P.M. the Appellant and I must attend the Suffolk County Republican Committee Convention in Patchogue, whereat I anticipate that I will be nominated for elective office. I must be present. Accordingly I regretfully am obliged to request an adjournment of the recessed public hearing in the captioned, notwithstanding my wife's anxiety to have the appeal and variance application go forward. You will recollect that the prior adjournment request was necessitated by the health condition of one of the objectants', was not objected to by us, and that neither objectants nor their attorney troubled to notify us in advance of their request. Kindly recalendar the public hearing at early convenience, on notice. JJS/to cc: Cardinale & Cardinale, Mr. & Mrs. Donald the Board's ~Very c ' al E. Dear JOSEPH J. SNELLENBURG. JUDGE May 11, 1987 Hon. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, N.Y. 11971 Re: Appeal #3592 Dear Mr. Goehringer: Anticipating a soon hearing date in the captioned, I telephoned the Board Clerk. She advised me that the hearing would be reconvened on May 21, 1987, and that a notice to that effect would be forthcoming directly. On May 21, 1987 at 7:30 P.M. the Appellant and I must attend the Suffolk County Republican Committee Convention in Patchogue, whereat I anticipate that I will be nominated for elective office. I must be present. Accordingly I regretfully am obliged to request an adjournment of the recessed public hearing in the captioned, notwithstanding my wife's anxiety to have the appeal and variance application go forward. You will recollect that the prior adjournment request was necessitated by the health condition of one of the objectants', was not objected to by us, and that neither objectants nor their attorney troubled to notify us in advance of their request. Kindly recalendar the public hearing at early convenience, on notice. JJS/to cc: the Board's Very c 'al snburg II Cardinale & Cardinale~e~ Mr. & Mrs. Donald E. MATTER Z.B.A. PUBLIC HEARING REGULAR MEETING MARCH 5, 1987 OF APPEAL NO. 3592 - BENTE SNELLENBURG Matter of Appeal No. 3592 BENTE SNELLENBURG. Variances: (1) for approval of 8' height of fencing along easterly property line a length of 72± feet; and (2) Appealing the 11/6/86 Order to Remedy Violation which mandates building permit for new fencing. ROW off E/s South Harbor Road, Southold. The Chairman opened the hearing at 8:37 p.m. and rea~ the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a request for ~ postponement this evening from Philip J. Cardinale, Esq. in behalf of Mr. and Mrs. Donald Dean, adjoining property owners, necessitated by recent hospitalization and major surgery of Mr. Dean. Is there anyone presently to speak in behalf or against at this time? (No one.) I make a motion recessing this matter until our April 30, 1987 Regular Meeting. On motion by Chairman Goehringer, seconded by Member Grigonis, it was RESOLVED, to recess the Matter of Appeal No. 3592 in Application of BENTE SNELLENBURG until our April 30, 1987 Meeting, as agreed. the Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. Respectfully submitted, ~inda F. Kowalskl , Secretary Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 April 7, 1987 Justice and Mrs. Joseph J. Private Road Southold, NY 11971 Snellenburg Re: Appeal No. 3592 (Variances) Dear Judge and Mrs. Snellenburg: As you know, the public hearing on the above applicatioH was opened on March 5, 1987, and recessed as agreed by all parties until April 30th. Our second April meeting of hearings was moved up to April 23rd, and we would be permitted only to reconvene the public hearing subsequent to the April 30th date. It is expected that the public hearing on this matter will be reconvened in mid-May, and copies of the legal notice as published in the Long Island Traveler-Watchman and the Suffolk Times will be forwarded to you as early as possible. Please feel free to call our office at any time if you have questions concerning the approximate time of the hearing. lk CC: Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Philip J. Cardinale, Esq. Mr. and Mrs. Donald Dean Mr. and Mrs. Socratis Spirakis March 5, 1987 ~a~ .~oad ~*~por/, ~ ~o~ ~47 (516) 722-4744 Southold Town Board of Town Hall Main Rd. Southold, NY 11971 Appeals Attn: Linda HAND DELIVERED Re: Appeal No. 3592 - Bente Snellenbur~ Dear Linda Please let this confirm our conference telephone conversation yesterday with Mrs. Donald Dean, in which I advised that I had been retained by the Deans, who object to the issuance of the requested variance re the above. Please also let this confirm our request for an adjournment on behalf of my clients. The adjournment request is necessitated by the fact that Mr. Donald Dean has recently been hospitalized, has undergone major surgery and is in critical condition. Although his wife and he feel very strongly in regard to this matter, it is simply impossible for them to be present on March 5th. We, therefore, request an adjournment as per our discussion to April 30, 1987, which I understand to be the next available date which would allow my clients to be present. Sincerely PHILIP J. CARDINALE PJC/cmg Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 1987 March 5, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3592 , PROJECT NA~IE: BENTE SNELLENBURG 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 withi~ pro~ect not to have a signifi- cant adverse effect on the environmen~ fo~ 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: [i.] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION:(i~ Approval of 8' height of fencing along easterly property line a length of,72' and (2) Appealing the 11/6/96 Order to,Remedy Violation whic~ mandates'building permit for new fencing LOCATION OF PROJECT. Town of Southold, County of. Suffolk, more particularly knQwn as: ROW off E/s South Harbor Road, Southold, NY 1000-87-2-21 REASON (S) SUPPORTING THIS DETRRMINATION: (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' sb~ould this project be imple- mented as planned; (2) Construction proposed i~ ~andward of existing structures. Construction proposed is located m~o~e 'than 75 feet from the mean highwater mark or tidal area. FOR FURTHER INFORMATION, PLEAS~ 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. Gard)na e · Garcfina e Gtua~z ~ GarJi.~a/e January 12, 1987 Yl(ain .~oaJ ~. O. :Drawer ~) (~16) Z22-42'44 Southold Zoning Board Town Hall Main Road Southold, NY 11971 of Appeals Re: Snellenburg Variance Application Dear Linda Please let this confirm that I represent Donald and Jean Dean, adjoining neighbors in regard to the above matter, which I understand will probably be scheduled for some date in February. My clients, who reside An New ..... Jersey and whose summer ome ms adoacent to ~ and 'very ,~ much affected by the variance requested, strongly object to any variance being granted and wish to appear personally and wish me to appear as well on the hearing date to voice our objections. Please let this confirm notify me and my clients as it is set. my telephone request that you to the date of the hearing once Sincerely PHILIP J. CARDINALE PJC/cmg enc. Donald E. Dean 9 Yorks Road Mountain Lakes ~ New Jersey 0704~ January 27, 1987 Board of Appeals Town of Southold Town Clerk's Office Main Road Southold, New York 11971 Gentlemen: This is in reference to the petition filed by Bente F. Snellenburg, 1935 Private Road #10, Southold, New York 19971, to the Board of Appeals for relief from an order mandating a building permit variance as to fence height. Notice of this intent to appeal the order was sent to me on December 2, 1986. As the owner of the easterly adjoining lot on whose property line stands the 8' high, non-compliant fence cited in the "Order to Remedy Violation" dated November 6, 1986, and as the party directly and adversely affected in this action, I respectfully offer comments in response to the Reason for Appeal sub- mitted to the Board by Bente F. Snellenburg on December 3, 1986. I oppose grant- ing a variance. With regard to paragraph #1 that strict application of the ordinance would produce practical difficulties, appellant has described the dimen- sions of the easterly adjoining lot. Appellant states that the new dwelling on the lot faces south. Actually, it faces east and away from appellant's easterly side yard boundary. The site plan and loca- tion of the new dwelling has met the building ordinances of the Town of Southold for side and rear yard setback without variance. Privacy of all adjoining properties was a primary concern during the clearing of our building site. The extensive natural foliage was pre- served as much as possible, especially with regard to the stands of evergreen trees and shrubs in the side and rear yard areas adjoining appellant's parcel. One special factor in locating the new dwelling was the unique placement of windows along the rear of the house so as to capture winter seasonal bay views. This view has been blocked by the height of appellant's non-compliant fence. I submit that appellant has not demonstrated that there are practical difficulties to suggest granting a variance as to a maximum fence height of 6~'. Continued... Board of Appeals -2- January 26, 1987 With regard to appellant's description of a unique hardship created and not shared by all properties alike in the immediate vicinity, there are three adjoining properties to the east of appellant and the one to the north which are a nominal half acre each in area. Two of these have a width of about 120' or less. This is the same approximate width as appellant's property and is not unique to the immediate vicinity. Appellant compares the density of the evergreens in her front and back yards and states that the evergreens have not thrived in the rear yard. Appellant has already removed or trimmed the pre-existing foliage and installed 72' of a non-compliant 8' high stockade fence prior to apply- ing for a variance, so her statement cannot be confirmed. There are now at least 35 vertical trunks with healthy foliated branches in appel- lant's side yard which rise above and immediately alongside of the 8' high portions of the fence and which are visible from the adjoin- ing easterly lot. There are also another 35 evergreen trees in the easterly adjoining lot within a 15-20' path adjacent and parallel to the non-compliant sections of the fence. Additionally, there are several hardwood trees and evergreen shrubs, including azaleas and rhododendron, in the same area. Appellant has not presented reasons for unique hardship or unusual loss of privacy here. If appellant has created a unique hardship by removal of some of the pre-existing foliage, current ordinances are adequate to resolve the privacy issues without granting a variance to exceed the maximum fence height. With regard to Reason for Appeal, paragraph 3, that the variance would observe the spirit of the ordinance and would not change the character of the district, appellant states that the replacement fence is not visible from public highways. If such a reason has merit in this matter, the lack of visibility suggests that no variance with regard to fence height should be granted. The current ordinance assures the additional privacy sought by appellant. No extenuating infringement on privacy exists due to visibility from a public highway. Additionally, I suggest that the rural character of the area has been significantly changed by erecting the non-compliant fence. The pre- existing fence sections were of the open post and rail type, approx- imately 4' high or less and surrounded with natural shrubs and plant- ings. Appellant has now erected 72 linear feet of an 8' high stockade fence more characteristic of a close urban environment. Appellant removed the natural foliage within the adjoining lot to ease the instal- lation of the fence and changed the character of the adjoining lot. Continued... Board of Appeals -3- January 26, 1987 With regard to Reason for Appeal, paragraph #4, the interpretation of the ordinance requiring a building permit is beyond my ability to comment. In my opinion, the intent of the ordinance and a building permit should be to protect all interested parties and to assure that a safe and compliant fence has been installed. In the case of a re- placement fence, there should be some assurance that the replacement is not substantially different from the original. This is not so in this case. Additionally, with regard to safety, one of the 8' high fence sections already tilts substantially from the vertical and appears to be propped up only by appellant's foliage. This occurred in late October/early November, 1986. As of January 18, 1987, the condition was not cor- rected. This time delay suggests that appellant does not intend to maintain the fence, or has not seen the problem because of the density of the foliage supporting it. In any event, I am concerned about the safety of an 8' high stockade fence. In conclusion, I submit that the Reasons for Appeal offered by appellant do not demonstrate that the elements necessary to consider granting a variance as to fence height actually exist. Thank you for your attention to this matter. I respectfully request that you consider my reasons for opposing granting the variance. Very truly yours, Donald E. Dean Jean~ I. Dean DED:JID:jld cc: Philip Cardinale Box W Jamesport, N.Y. 11947 q __ ' egal Notices NOTICE OF HEARING NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Seuthold, the follow- ing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Seuthold, New York, on THURSDAY, OC. TOBER S, 1987 at the follow ng times 7:35 p.m~ Appl. No. 3651 - DEAN KAMEN. /Recessed from 9/10/871. ~_ 7:40 p.m. Appl. No. 3592 -~ ? ENTE SNELLENBVRG. [ (Recessed from 8/20/87 L ~ k- 7:45 p.m. Appl. No. 3668 ~ GERARD C. KEEGAN. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119 I(C) for approval of construction of fence in the easterly frontyard area at a height of six feet. Loca- tion of Property: West Side of Founders Path and Cast Side of Hobart Road, Seutho)d, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39. 7:50 p.m. Appl. No. 3657 - CLYDE FRITZ. Variance to the Zoning Ordinance, Article II/, Sect/on 100-31 for approval of insufficient lot area, width and depth of two proposed par- cels fronting along the westerly side of Cedar Lane, Southold, NY; County Tax Map Parcel No. 1000-78-7.45.1, containing a total area of .694 of an acre. 7:55 p.m. AppL No. 3663 - MARIO CASTELLI. Variance to the Zoning Ordinance, Article III, Section 100-30 for approval of sign as exists of excessive size in this "A-40" Residential and Agricultural Zoning District and advertising "Landscaping & Sp ,ers by Forever Green." Location of Property: South Side of North Road (C.R. 48), Peconic, NY; County Tax Map Parcel No. 8:10 p.m. Appl. No. 3653 - NORTH ROAD AS- SOCIATES. (Recessed from 9/10/87). 8:15 p.m. Appl. No. 3593 and No. 3659 - QUIET MAN INN. (Both hearings recessed from 9/10/87h 8:25 p.m. Apph No. 3664 ANA G. STILLO. Variance to rescind prior decision rendered under Appeal No. 3562 on De- cember 11, 1986 for a condi- tional approval under New York Town L~aw, Section 280-a, and deleting Condition No. 2 of prior decision rendered Under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Seac- tion 280-a over the existing right-of-way approximately I00 ft. to the east of the subjeact right-of-way /approved or to be approved and accepted by the Planning Board for this set-off division of landl, located along the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26 and Lot 12.2. 8:35 p.m. Appl. No. 3670- ROBERT H. FREY. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate open deck con- struction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Sec- tion I, Lot 10, Southold, NY; County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669 - MICHAEL AND ELIZABETH LADEMANN. Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with sufficient setbacks from the northerly fron~ property line along a private ~ ght-of-way and from the nearest wetland grasses, premises known and re- ferred to as Lot No. 1, Map of Blum and Littell, located along the East Side of Stillwater Av- enue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-1- The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written COmments may b~ submitted rior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: September 28, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, 1TO1-5726 Board Secretary ~.TE OF NEW YORK ) ) SS: UNTY OF SUFFOLK } ~hristina ComtentO~__ofGreenport, in id County, being duly sworn, says that he/she is incipal Clerk of THE SUFFOLK TIMES, a Weekly ~wspaper, published at Greenport, in the Town Southold, County of Suffolk and State of New ~rk, and that the Notice of which the annexed is printed copy, has been regularly published in ~id Newspaper once each week for 'eeks successively, commencing on the __ .~___ ayof October 19 _87 Principal Clerk Sworn to before me this~ / NOTARY PUBHC, St3te ~¥0rk SuffoLk County N0 ~ Term Expires t;ebmar;~,,')~19~ NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code 9f the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPF.,ALS at a Regular Meeting at tlie Southold Town Hall, Main Road, Southold, NY on THURSDAY. OCTOBER 8. 1987 at the following times: 7:35 p.m. AppL No. 3651- DEAN KAMEN. (Recessed from 9/10/87). ~'~ ,~7:40 p.m. Appl. No. 3592-/} BENTE SNELLENBURG.~ (Recessed from. 8/20/87). ,/ ~ 7:45 p.m. Appl. No. 366~'- GERARD C. KEEGAN. Variance to the Zoning Or- dinance, Article XI, Section 100-119.~(C) for approval of con- struction of fence in the easter- ly frontyard area at a height of six feet. Location of Property: West Side of Founders Path and East Side of Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders ~,ates Lot 39. 7:50 p.m. AppL NO. 3657- CLYDE FRITZ. Variance.to the Zoning Ordinance, Article III, Section 100-31 for approval of Insufficient'lot area, width, and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Southold, NY; County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 of an acre. 7:55 p.m. Appl. No. 3663- MARLO CASt ELLI. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-30 for ap- proval of sign as exists of ex- cessive size in this "A-40" Residential and Agricultural Zoning District and advertising "Landscapil~g & Sprinklers by Forever Green:' Location of Property: South Side of North Road (C.R. 48), Peconie, NY; County Tax Map Parcel No. 1000-69-4-1.3 8:10 p.m. Appl No. 3653- NORTH ROAD ASSOCIATES. (Recessed from 9/10/87). 8:15 p.m. Appl. No. 3593 and No. 3659- QUIET MAN INN. (Both ~grings recessed from 9/10/87). 8:25 p.m. Appl. No. 3664- ANA ~ V~riance to ~scind priO~ d~ffsion, ~nde~d under Appeal No. 3562 on l~'~mber 11, 1986 for a conditi°~ili ~p- proval~ under New York:To~n Law, Section 280-a, and deleting Condition No. 2 of prior deci- sion rendered under Appeal No. 3619 on April 2, 1987, and as an alternative beine sublect to New COUNTY OF SUFFOLK sst STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................. ./~ ....... weeks successively, commencing on the ........ ./ ............. day ...... , 9 . ._ Sworn to before me this .......... ~. .......... day of Notary Public Ct, m: :f: ~x.:: Legal Notices NOTICE OF HEARINGS NOTICE IS REREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town ofseuthold, the follow- ' ing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Read, Seuthold, New York, on THURSDAY, AU- GUST 20, 1987 at the following times: 7:35 p.m. Appl. No. 3602 - MARGARET McNAMARA. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2(B) for permission to con- struct wooden deck attached to existing dwelling with an insuf- ficient ~etback from existing timber bulkhead and Peconic Bay. Location of Property: 640 Takapesha Read (Private Read # 15),.seuthold, NY; County Tax Map Parcel No. 1000-87-06-10. 7:40 p.m. Appl. No. 3646 - ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficien~ rearyard setback and insuffi- cient frontyard setback. Loca- tion of Property; Corner of Gil- lette Drive and Cleaves Point Read, East Marion, NY; County Tax Map Parcel No. 1000-38-2- 29. 7:45 p.m. Appl. No. 3643 - EUGENE PERINO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate proposed dwelling with or without deck addition within 75 feet of nearest wet- lands along the shoreline of Marion Lake. Location of Prop- erty: West Side of private right- of-way known as "Truman's Path," East Marion, NY; County Tax Map Parcel No. 1000-31-12- 16. 7:50 p.m. Appl. No. 3644 - JOSEPH REINHART, FRED W1GHTMAN, and DAVID FREY. Recessed hearing from duly 16, 1987 to be reconvened. 8:00 p.m. Appl. No. 3647 - JOHN AND JOAN WETZEL. Variance to the Zoning Ordi- nance, Article Ill, Section 100- 31 and Article XI, Section 100- 119.2, to construct additions to dwelling with reductions in the sideyard, and to constxuct addi- tion landward of existing dwell- ing structure 70-+ feet from the nearest wetland edge or highwa- ter mark along Eugene Creek. Location of property: 4635 Pequash Avenue (Fleetwood Roadl, Cutchogue, NY; Fleet- wood Cove Lot No. 12; County Tax Map Parcel No. 1000-137- 04-006 FERU(~IO I~RANI{OLA. Vari- ance to the Zoning Ordinance, A~lbe XI, Section 100-119.2 for peri'alien to construct swim- mi~'pool, deck and fence enclo- sure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Southold, NY; West Creek Es- tates Lot No. 19; County Tax STATE OF NEW YORK ) ) SS: COUNTY OFSUFFOLK ) Map Parcel No 1000-78-02-36. Ge 1' i,~r l~fit~ ]. J~ ~t. po 8:10 p.m. Appl. No 3655 ELLEN HOPE DeMARIA. Variance from Condition No. 1 rendered July 8, 1965 under Ap- peal No. 785, and Article I11, Section 100-32, for approval of the construction of accessory storage shed in frontyard area as shown on survey prepared by Roderick VanTuyl, P.C. April 9, 1984~ Location of Property: West Side of Private Road (West View Drivel, Orient, NY; County Tax Map Parcel No. 1000-13-3-3. 8:15 p.m. Appl. No. 3656 - NICHOLAS IPPOLITO. Vari- ances to the Zoning Ordinance, Article II1, Section 100-31, and Article XI, Section 100-119.2, for permission to construct garage addition to dwelling with an in- sufficient southerly sideyard set- back, insufficient total sideyard~, insufficient setback from bulkhead along Ar- shamomaque Pond, and exces- sive lot coverage. Location of Property: 230 Carole Road, Southold; NY; County Tax Map Parcel No. 1000-052-02-007. 8:30 p.m. Appl. No. 3653 NORTH ROAD AS- SOCIATES. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way extending 170 feet from the north side of Main Read. Orient, NY; County Tax Map Parcels No. 1000-18-4- 1.3 and 2. /'a 8:40 p.m. Appl, No. 3592 - .) BENTE SNELLENBURG. (~ Hearing recessed from July 16,~ 11987. ~ !~'~' 8:50 p.m. AppL No. 3654 WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. Variance to the Zoning Ordinance, Article XI~ Section 100-119.2 for permission to es ta~blish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from thc front property }ine (as approved under Appl. No, 3412 June 30, 19871. Location of Property: 675 Meadow Lane, Mattituck, NY; Mattituck Estates Lot No. 42; County Tax Map Parcel No. t000-115-5-7. The Board of Appeals will hear at said time and place all persons or representatives desir- ing ti) be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more info~nation, please call 765-1809. Dated: July 27, 1937. BY ORDER OF TIlE SOUTHOLD TGWN BOARD of Greonport, 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 tho Notice of which tho annexed is a printed copy, has been regularly publisl~ed in J. said Newspaper once each week for _.~_ weeks successively, commencing on the ..... 19~? Sworn teA:fo:fore mo this / 9/~ ,/ /~ ~ N01ARY PUBUC, State o~ New York NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law aCtlll the Coddle of. the Town of following hearinl~s ~1~] by the SOUTHO~ ~WN a~ a ~gul~ M~ti~ at the Southold %wa Hall, Main Road, Southold, New York, on THURSDAY~ AUGUST 20~ I~, at the following ti~s: 7:35 p.m, AppL No. 3~2- MARGARET McNAMARA. Variance to the ~ning Or- dinanc~ Article XI, Section 1~119.2(B) for ~rmission to construcl wooden deck at.ch- ed to existing dwelling with an~ insufficient setback from ex- isting timber bulkhead and Peconic Bay. ~cation of Pro- perty: ~0 %kaposha Road (Private Road No. 15), ~uthold, NY; County %x Map ~rcel No, 1~-87-~-I0. 7:~ p.m. Appl. No. 3~6- ROBERT AND NANCY MUIR. %riances to the ~ning Ordinance, Article Ill, ~ction 1~31, Bulk Schedul~ for per- mission to construct additions to dwelling with an insufficient rearyaM setback and insuffi- cient frontyard setback. ~ca- tion of Property: Corner of Gillette Drive and Cleaves ~int Road, East Marion, NY; Coun- ty Tax Map Parcel 1~38-2-29. 7:45 p.m. Appl. No. 3~3- EUGENE PERINO. %fiance to the ~ning Ordinance, Arti- cle XI, ~ction 1~119.2 for ~r- mission to locate proposed dwelling with or without deck addition within 75 feet of nearest wetlands along the sho~line of Marion ~k~ ~a- tion of Property: West Side of private right-of-way known "~uman's ~th~' ~t Marion, NY; County ~ Map ~l No. 1~-31-12-16. 7:50 p.m. Aopl. No. JOSEPH REINHA~ FRED WIGHTMAN~ AND DAVID FREY. ~cessed hearing from July 16, 1987 to be ~conven~ 8:~ p.m. Appl. No. 3~7- JOHN AND JOAN WETZEI,. %fiance to the ~ning Or- dinance, Article 111, Section 1~-31 and Article XI, Section 1~119.2 to con'trot additions to dwelling with r~uetions in the sid~aM, and to construct addition landwaM of existing dwelling structu~ 70~ feet from the n~t wet~d edge or highwater mark along Eugene Creek. ~cation of Property: 4635 Pequash Avenue (Fleet- wood Road), Cutchogu~ NY; Fleetwood Cove ~t No. 12; County ~x Map ~rcel No. 1~137-~-~. FERUCIO FRANKOLA)t° : iance to the Zoning Or- ance, Article XI, Section 119.2 for permission to con- ss: struct swimmingpool, deck and fence enclosure within 75 feet of wetland area along West Creek. Location of Property: 1900 Glenn Road, Southold, NY; West Creek Estates Lot No. 19; County Tax Map Parcel No. :~uly sworn, says that she is the LAND TRAVELER-WATCHMAN, d at Southold, in Suffolk County; front property line (as approv- ed under Appl. No. 3412 June 30, 1987). Location of Proper- ty: 675 Meadow Lane, Mat- tituck, NY; Mattituck Estates Lot No. 42; County Tax Map ,,PAre e,l No:~ 1000-115-5-7. ~ ~.Th~ Board o[ Appeals will hear at said time and place all dinance, Article 111, Section 100-31, and Article XI, Section 100-119.2, for permission to con- struct garage addition to dwell- ing with an insufficient souther- ly sideyard setback, insufficient total sideyards, insufficient set- back from bulkhead along Ar- Jog to ge h;ard ii; each of the Parcel No. 1000-052-02-007. 8:30 p.m. Appl. No. 3653- NORTH ROAD ASSOCIATES. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way extending 170 feet from the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000-18-4-1.3 and 2. 8:40 p.m. Appl. No. 3592-"~ BENTE SNELLENBURG, ~ Hearing recessed from Jul~=16, x~ 1987. 8:50 p.m. Appl. No. 3654- WILLIAM MOORE, ESQ. and BENJAMIN HERZW~EIG, . !~'SQ. Variance to the Zoning~f Ordinance, Article XI, Section 100-119.2 for permission to establish "building envelope" with setbacks of not less than 38 feet from nearest wetland along existing two-foot contour and not less than 30 feet from the shamomaque Pond, and ex- tarv Public cessive lot coverage. Location of ~ ' Property: 230 Carole Roadl'0 BARBARA Southold, NY; County Tax Map try J:H~.r~(, State ni.~sion 1000-78-02-36. 8:10 p.m. Appl. No. 3655- ich the annexed is a printed copy, ELLEN HOPE DeMARIA. d Long Island Traveler-Watchman Variance from Condition No. I ~ ...... ~eeks rendered July 8, 1965 under Ap- ' ............ peal No. 785, and Article 111, Section 100-32, for approval of on lhe the construction of accessory storage shed in frontyard area as / , shown on survey prepared byl .... , 19. ~ 'f. Roderick VanTuyl, P.C. April 9, West Side of Private1984' Location OfRoad(WestProperty: :'.'--:=-: · ....... ..~ ~.< . ~ c. '- View Drive), Orient, NY; Coun- ty Tax Map Parcel No. 1000-13-3.3. 8:15 p.m. Appl. No. 3656- NICHOLAS IPPOLITO. -/ Variances to the Zoning Or- ' ~-' day of JOSEPH J. SNELLEnBUrG. JUDGE ?ERSON^L Augu~t Honorable Gerard P. (;ocbringer Chairman Southold Town Board of Appeals Main Road - State Road 25 Southold, L.1., New York 11971 Re: Appeal No. 3592 Dear Mr. Goehringer: Your letter of August 5th is at head. Roderick Van Tuyl, P.C., informs me that they cannot possibly complete the work requested before October 9, 1987. Accordingly, I must request a recess for that purpose at least until the Board's October meeting date. As a matter of informatiou, i am also advised that they will have difficulty, verifying the Lewandoski calculations since, as Van Tuyl reads that survey, tb(~ encroachments are measured varyJug from oue-tcnth to four-tenths of a foot, and the "clear" calculations are of equally minuscule amount:~. cci V er y ~_g_c o r d ia~ yours, Philip J. Cardinale, Esq. Roderick Van Tuyl, P.C. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, .iR. ~OBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE RI3AD 25 SOUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event 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. v e ry ~. ~/~_ .~ G~RAI~D P. GOEHR[NGER CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Cede of the Town ofseuthold, the follow- ing hearings will be held by the SOUTHOLD TOWN HOARD OF APPEALS at a Regular Meeting at the Seuthold Town Hall, Main Road, Seuthold,'New York, on THURSDAY~ JULY 16, 1987 at the following times: 7:35 p.m. Apph No. 3581 - GEORGE D. DAMIEN. Vari- ances to the Zoning Ordinance, Article III, Section 100-31, and Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this pend- ing set-off division of land 1o~ cared at the Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12, containing a total area of2~,919 ± sq, fl,, 7:40 p.m, Apph No. 3639 - WILHELM FRANKEN. Vari- ance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-119.2, for permission to locate 25' by 25' accessory building in sideyard area and with insumcient set- back from existing bulkhead along Gull Pond Inlet. Location of Property: West Side of Osprey Nest Road, Greenport, NY; Cleaves Point Subdivision Sec- tion I, Map 2752, Subdivision Lots 14 and 15; County Tax Map District 1000, Section 35, Block 6, Dots 22, 23 and 24 (now 24.11. 7:45 p.m. AppL No 3635 - AR- THUR V. JUNGE. Variance to the Zoning Ordinance, Article III, Section 100-30(A) for per- mission to establish electrical shop use in this~l$40' Residen- tial and Agr~ral Zoning District. Locati~of Property: North Side of C.R. 48, Cuteh- ogue, NY; County Tax Map Dis- trict 1900, Section 96, Block 1, Lot 19, containing 45,589± sq. ft. in lot area. 7:50 p.m. Appl. No. 3631 - PUDGE CORP. Variance to the Zoning Ordinance, Article III, Section 100-30(Al for per- mission to establish and con- struct 7500 sq. ft. building for dustrial use in this "A" Residen- tial and Agricultural Zoning District. Location of property: North Side of C.R. 48, Cutch- ogue, NY; County Tax Map Dis- trict 1000, Section 96, Block 1, Lot 20, containing 39,524-* sq. ft. in lot area. 7:55 p.m. Appl. No. 3638 - JAMES AND MARY TYLER (continued from June 18, I987l. Special Exception modifying Appl. No. 3400 to permit vehicle doors to face street side as con- structed. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision LOt #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 8:00 p.m. Appl. No. 3642 - DINA MASSO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 to construct accessory boath6use structure with d~ck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bul- khead along Peconic Bay, prem- ises known as 5705 Nassau Point Read, Cutchogue, NY; Lot 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section 111, Block 13, Lot 04. 8:05 p.m. Appl. No. 3644 - FREDERICK WIGHTMAN/ DAVID FREY/JOSE~ REINHART. Variance to tl~ Zoning Ordinance, Article III, Section 100-30(AL Article Section 100-118(El for establish- ment of business uses, and/or in- terpretation, to permit the fol- lowing activities: retail sales and storage, business office, pro- fessional office, governmental office, contractor office, per- sonal-service store or shop, as described for the "B-Light Busi- ness" Zoning District, Section 100-60(A)[2], |4], ~81 inclusively, in conjunction with existing single-family dwelling unit on second-floor having a livable floor area of 900 sq. ft. Zone Dis- trict: "A-40." Location of Prop- erty: North Side of Main Road, Peconic, NY; County Tax Map District 1000~ Section 75, Block 1, Lot 16, containing 1.0194 acres. 8:20 p.m. Appl No. 3645 - PAUL AND CHARLOTTE GALGAN. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2 for permission to construct additions to dwelling landward of existing construc- tion and within 75 feet of exist- ing bulkhead along Eugene's Creek, 4605 Stillwator Avenue, Cutchogue, NY; County Tax Map District 1000, Section 137, Block 03, Lot 05. 8:35 p.m. AppL No. 3496 - FREDERICK KOEHLER, JR. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2 for permission to construct 38' by 16' beach pavilion and at- tached deck areas extending a length of 124 ± feet and width of 28 feet (exclusive of stairsl, ac- cessory and incidental to the es- tablished single-family residen- tia~ use of the premises, not to be operated for sleeping or habit- able purposes and not operated for gain, within 75 feet of ordi- nary highwater mark and/or landward edge of tidal wet~and, along Peconic Bay, 575 Old Har- bor Road, New Suffolk, NY; County Tax Map District 1000, Seaction 117, Block 03, Lot 06. BE:40 p.m. Apph No. 3592 NTE SNELLENBURG (Continued from April 20, 1987 as requested). Variances to the Zoning Ordinance, Articles: (11 XI, Section 100-119.1(B) for ap- proval of eight-foot height of fencing along the easterly prop- erty ]inea length of 72± feet~ (21 XII, Section 100-141, Appeal- ing the November 6, 1986 Order to Remedy Violation which man- dates a building permit for new fencing along the easterly prop- erty line. Location of Property: Private right-of-way extending off the east side ofseuth Harbor Road (known as Private [Wad No. 10, or Old Woods P~thl, Southold, NY; County Tax Map District 1000, Section 87~ Block 2, LOt 21. The Board of Appeals will '~ hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lo, ted. Written comments may b~submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: June 30, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda K~walski, Board Secretary lTJyg-5658 NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of and attached deck areas exten- ding a length of 124+ feet and 'd width of 28 feet (exclusive of stairs), accessory and incidental a to the established single-family residential use of the premises, not to be operated for sleeping or habitable purposes and not t operated for gain, within 75 feet of ordinary highwater mark and/or landward edge of tidal wetland, along Peconic Bay, 575 Old Harbor Road, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 03, Lot 06. e 8:40 p.m. Appl. No. 3592-1 BENTE - SNELLENBBURG[ ! (Continued from April 20, 1987J as requested). Variances to the/1 Zoning Ordinance. Articles: (1)! Xl, Section 100-119.1 (B) for ap-~ proval of eight-foot height of fencing along the easterly pro- perty line a length of 72+ feet; (2) Xll, Section 100-141, Ap- pealing the November 6, 1986 Order to Remedy Violation which mandates a building per- mit for new fencing along the easterly property line. Location of Property: Private right-of- way extending off the east side of South Harbor Road (known as Private Road No. 10, or Old Woods Path), Southold, NY; County Tax Map District 1000 Section 87, Block 2, Lot 21. ~, The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For moro information, please call 765 1809. Dated: June 30, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-7/9/87(30) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... /. ..... weeks successively, commencing on the c) ~, Sworn to before me this .......... ~ ........ day of Notary Public BARBARA FOT, BES /qotm.y Pt~2 !c, '4 Qtmli£icd n' (t NgI't d~eJols - soqezeo =un,nnH g %111t Private Road Southold, N.Y. 11971-0576 December ~ 1986 Gerard Goehringer Jr., Chairman Zoning Board of Appeals Town of Southold Southold, N.Y. 11971 Re: Appeal from Order to Remedy Violation dated 11/6/86 due 12/6/86 Dear Sir: Enclosed is an Appeal from the captioned Order with supporting documents and the filing fee. Pursuant to Town Law ~267 subd. 4 this appeal stays further action by the Building Inspector pending the hearing and determination thereof. encs. cc: Very truly yours, Bente F. Snellenburq Curtis W. Horton, Building Inspector Richard Lark, Esq. FOR~! NO, 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date November 6 , 19 86 TO Bente Snellenburg (owner or authorized agent of owner) Southold N.Y. 11).7,1 (address of owner or authorized agent of owner) PLEASE TAKE NOTI~E there exists a violation of: Zoning Ordinance Ch 100 Other Applicable Laws, Ordinances'or Regulations ............................................ at premises hereinafter described in that Fence--no Building Permit~ fence (st6te character of violation) ..e..x..c...e..e...d..i. ng 6½' in height. , in violation of .................... iOO..~llg...1B.,.1.0.Qr~.4.1 ......................................................................... (State section or paragraph of applicable Jaw, ordinance or regulation) YOU ARE 'THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the .... .6.~h. .................................. ~ ....................... day of .....D...~..C..: ......................................... , 19.....8.~ The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 1935 Private Rd. #10 County of Suffolk, New York. Southold, N.Y. 11971 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. 1000-87-2-21 Curtis W. Horton Notice of Hearings - July 16, 1987 Southold Town Board of Appeals Copies on or about July Suffolk Times L.t. Traveler-Watchman 2, 1987 to the following: Mr. George D. Damien, 4015 West Fairview Heights Avenue, Tampa, FL 33616 Mr. George D. Damien, Box 626, New Suffolk, NY 11956 Mr. John H. Geideman, as Agent for Mr. Wilhelm Franken, Box 416, East Marion, NY 1~939 Mr. Wilhelm Franken, Osprey Nest Road, Greenport, NY 11944 Mr. Arthur V. Junge, 68~0 Nassau Point Road, Cutchogue, NY 11935 Mr. James L. Gray, Sr., Pudge Corp., Box 1465, Southold 11971 Richard F. Lark, Esq., Box 973, Main Road, Cutchogue, NY 11935 as Attorney for Mr. and Mrs. James Tyler Mr. Garrett A. Strang, R.A., as Agent for Dina Masso and Fred Wightman Main Road, Box 1412, Southold, NY 11971 Mr. William Jacobs, Builder, as Agent for Mr. and Mrs. Paul Galgan Depot Lane, Cutchogue, NY 11935 Mr. and Mrs. Paul Galgan, 4605 Stillwater Ave, Cutchogue, NY 1t935 Mr. Henry E. Raynor, Jr. as Agent for Mr. Frederick Koehler P.O. Drawer A, Jamesport, NY 11947 Philip J. Cardinale, Esq. as Attorney for Mrs. D. Dean P.O. Drawer W, Main Road, Jamesport, NY 11947] Mrs. Donald E. Dean, 9 Yorke Road, Mountain Lakes, NJ 07046 Mr. and Mrs. Socrates Spirakis, 139 Stratford Ave, Garden City,NY Justice and Mrs. J. Snellenburg, Private Road, Southold, NY 11971 11530 Individual Board members with maps for on-site Town Clerk Bulletin Board 7/1/87 ZBA Office Bulletin Board 7/1/87 Building Department (Vic) Planning Board Office inspections/reviews. NOTICE OF H~ARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 26? of the Town Law lUKI the Code of the Town Of Southold, the foUowin$ public hearing will be held by the ~ WN at the Southold Town Hall, Main Road, ScuthOld, NY at n Regular Meeting, THURSDAY MARCH 5~ 1987~ at~ follow- ing times: ?:35 p.m. Appeal No. 3590- THOMAS AND CATHERINE from 2/5/8?). Addition to noncon- forming dwelling structure ceedng 50% of fair value. 265 Rochelle Place, Mattituck. NY; 1000-144-04-9 & 8. ?:40 p.m. Appeal I~ 3603- Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area (?8,408 sq. ft.) of parcel proposed to be set-off in this pending division of land. Loca- tion of Property: North Side of Main Road, Cu_t_~ogue, NY; County Tax Map District 1000, Section 109, Block 1, Lot ?:45 p.m. Appeal No. 3610-CAROL A. BAR- THO~ ~Ton to the Zoning Ordinance lbr p~mi.~inn to ,'~h!tsh "Bed and Breakfast" u~e, inciden~L and subordinate to the propos- ed single-family dwelling use, in accordance with the re- quirements of Article I!1, Sec- lion ]00-30(B)[16]. Location of Property: 7015 Wickham Avenue, Mattituck, NY; Coun- ty Tax Map District 1000, Sec- lion lifT, Block 5, Lot 4. ?:50 p.m. Appeal No. 3612- PHILIP · AND ELLEN E4~LLOMO. Variance to the ~nance, Article Section 100-119.2 for permis~on to construct addition at rear of dwelling with an insufficient ~'t- back from wetlands along Ore~t Pond at ?455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot go 8:00 p.m. Appeal No~ 3511- KAPELL REAL ESTAT~ INC. AND LIMPET CORP~ Variances to the Zoning Or- dinance~ Article I11, Section 100.31, Bulk Schedule for ap- provai of insufficientr'(l) lot area, (2) lot width, (3) lot depth of two parcels in this pending division of land. Location of Property: Linctt and Brown. Streets, Gteenport; Greenpott. Driving Park Map, Lots 16 and 65; County Tax Map District 1000, Section 48 Bl~ ~, Lot 25.1. _ ___L_L ...... ~OUNTYOF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she' Editor, of THE LONG ISLAND TRAVELER-WATCI a public newspaper printed at Southold, in Suffolk C and that the notice of which the annexed is a printec has been published in said Long Island Traveler-Wal 8:05 p.m. App~JrNo. 360~*- ' ]RICHARD E MULLEN. JR_ Variance to the Zoning Or- dinance, Article XI, Section 100-112(1) for permission to. utilize subject premises for a. paved parking area for the employees of Mullen Moto~ an established business abutting once each week for ................... ./ ....... this parcelaiong the north side. ~ ~ Zone Districts: Partly "A" Residential and Agricultural and successively, commencing on the ................ "B-I" General Business. Loca- ~ lion of Property: East Side of - ~'~/~r..c~- . ~ f~-~ Cottage Place, $outhold NY; O~V/OT .... /~...' ..... '/. ..... , 1 9 Y..C . County Tax Map District I000, X~ /) ~ __- J · ~ i Section 62,. Block 3, Lot 19. ~.~_...V.~"7~ I.~_./ ."Y---.~--~ 1..~. 8:10 p.m; Appeal NO. 3592-. ~ ............................. 'D BENTE SNELLENBURG.~ Variances to the Zoning Or- dinanceArticles:(l) XI, Section 100-119.1(B) for approval of/ Sworn to before me this =)-°° ~ ~ight. foot height of feocinff' ..................... along the easterly property a length of 72:1: feet; (2) Y41, ~fi Section 100-141, Appealing t~ ........ ~/-~.' ....... ~ ..... ]9 ..... November 6, 1986 Order tO~ Remedy~/iolation which man- / dates a building pe~nit for new fencing along the easterly pro- ~.~'~ .' '~' i perty line. location of Proper- ./c-T~7~f~'~ ~/--~ ~-/~.~---" i fy: Private right-of-way,~xten-i ........................................... ~ding off "the east ~id~ Notary Public .!South Harbor Road knovm es~ i~ Private Road No 10, or Old BARBARA FORBES ~ Woods Path, Southold, NY; iqotary Publle, State of New York~ County Tax Map Parcel NO. No. 480~g16 Qualified in Suffolk County Commission Expires ~e:.7 3 ,' 19 J 1000-87-2-21. 8:20 p.m, Appeal No. 361Y- RAYMOND AND ELEANOR KERESTER. Variance to the Zoning Ordinance, Article II1, Section 100-31, Bulk Schedule for approval of insufficient lot width of three parcels, each con- mining 4.6:t: acres, in this pen- ding minor subdivision. Loca- tion of Property: West side of Paradise Point Road and north side of North' Bayview Road, Southold, NY; County 'lhx Map Parcel No. 1000-81-1-25. The Board of Appeals will hear at said time and place ail persons or representatives desir- ing to be helkd in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu~ sion of the subject hearing. For more information, please call 765-1809. Dated: February 23, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-2/26/87(6) Legal Notices NOTICE OF HEARINGS N(ITICE IS IIEREBY 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 Soothold Town Hall. Main Road. Southold, NY at a Regular Meet- ing, THURSDAY. MARCH 5. 1987 at the following times: 7:35 p.m. Appeal No. 3500 - THOMAS AND CATHERINE Z1MMERMAN IRecessed from 2 5z871. Addition to nonconform- ing dwelling structure exceeding 50~ of ihir value. 265 Rochelle Place, Mattituck, NY; 1000-144- INC. and LIMPET CORP. V~'L~ to the Zoning Ordi- no--Article I11, Section 100- :11, Bulk S~hedule for approval of insufficient ~ 1 ~ lot area, ~21 lot width, 18~ lot depth of two par- cels in this pending division of land. Location of lh'operty; Linett and Brown Streets, Greenport; Gr~mport Driving Park Map, Lots 16 and 65; County Tax Map District 1000, Section 48, Block 3, Lot 25.1. 8:05 p.m. Appeal No. 3608 - RICHARD F. MULLEN, JR, Variance to the Zoning Ordi- nance, Article XI, Section 100- ll2tD for permission to utilize subject premises for a paved parking area for the employees of Mullah Motors, an established business abutting this parcel along the north side, Zone Dis- triers: Partly "A" Residential and Agricultural and "B-I" Gen- eral Business. l,ocation of I'rop- erty: East Side of Cottage Place, Seuthold, NY; County Tax Mall District 1000, Section 62, Block 3, Lot 19. 8:10 p~m. Appeal No. :1592 - BENTE SNELLEN,,BURG. Variances to tbe Zoning Ordi- nance, Articles: I11 XI, Section 100-119.11111 fin' approval ol eight-h~ot height of k, ncing along the easterly property line a length of 72 ± feet; 121 XII, Sec- tion 100-141, Appealing tbe November fi, 1988 Order to Re- medy Violation which mandates a building permit for new fane- line. Location of Property: Pri- or the east side of South Harbor Road known as Private Road No. 10, or Old Woods Path, Seuthold, NY; County Tax Map Parcel No 1000-87-2-21. 8:20 p.m. Appeal No. 11611 - RAYMOND AND ELEANOR KERESTER. Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule for aproval of insufficient lot width of three parcels, each con- taining 4.6 + acres, in this pend- ing minor subdivision. Location of Property: West side of Paradise Point Road and north side of North Bayview Road, $outhold, NY; County Tax Map Parcel No. 1000-81-1-25. The Board of Appeals will hoar at said time and place all will not start befor~ time al- lotted. Written conn~l~nt~s may be submitted prior to the conclu- sion o1' the ~ubject hearing. For more information, please call 765-1809. ) Dated: Fobruary 23, 1987, } SS: BY ORDEROF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN of Groenpo~, in Linda KowalskL t sworn, says that ha/she is Roard ~cretary ITF26-5513 SUFFOLK TIMES, a Weekly ,-=-.~.. ~ ......... at Greonport. 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 weeks 0uccessively. commencing on tho _ dayofFeb 19__ ~7 8~orn to bofo~mo this BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ~ 1. T~.i~r~e intention of the undersigned to petition th~ard of Appeals of the Town of Southold torequest ~(Special Exception (Special Permit)~Othe~ [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: 1935 Private Road ~10. Southold. N.Y. 11971, Tax MaD No. 1800-87-2-21: North by Dreich East by Nuna~oma Waters. South bv Peconic 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: At, peal from an order mandatinq a buildinq permit; variance as to fence height ~ tS. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 100 Sectic~ l19.1B; Article 100 Section ]_41 [ ] 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. (53.6) 765-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 12/ ~ /86 ' '~' ( Petitioner I Owners ' Names: Bente F. Snellenburg Post Office Address Pti v~t.~ Southold, N.Y. 11971 (Tel. 765-3720 ) PROOF OF MAILING OF NOTtCF ATTACH CERTIFIED MAIL RECEIPTS NAME ADD~ Socrates Spir~k~s & Wife Richard & Evelyn Hilary Donald Dean & Wife Wm. C. Dreich & Wife W.S. Ballanger Jr., & Wife P-592 3,44 606 ~ P-592 384 604 139 Stratford Ave. , Garden City, NY 11530 Hippodome Drive, Southold, N.Y. /[97/ 9 Yorke Rd., Mountain Lakes, N.J. 07046 15 Bayonne Ave., Central IsliD, N.Y. 11722 1801 Woodbourn Drive, Flint,Michigan 48500 P-592 384 602 P-592 38u 605 ~ o-592 384 603 E , residing at ~- ~b' ~'~ .... --P ~ .... g Y of December ~ponent mailed .er,e side hereof, directed to each of ~ ,~ov,-,,m~ p~on~ ~ namm; that the addresses set opposite the names of said persons a~ the current assmsment roll of the Town of Southold; that said No1 (certified) (1) maim. ~~¢ ~ ~ ~ (This side does not have to be completed on form property owners.) transmitted to adjoining To: 12/ '~ /86 Southo!d Town Board of blain Road Sou~hold, MY 11971 Appeals Appeal Application of Bente. F. Snellenburg Location of Property: 1935 Private Road ~outhold, N.Y. Dear Sirs: In reference to the New York State Tidal Wetlands fiend-us R=gulations, 6 NYCRR, Part 661, and Article 25 of the New York Staue. Environmental Conservation Law, please be advised the= subjec~ promert~ i,n the wi" (please check one bo×) [ ] May be located .within 300 feet of tidal wetlands hcwover, constructed alon~ the water-lyinq edco of this property is a bulkh2ad in very good condition and at least 100 feet in ;length. ~ [ ] May b'e ·located within 300 feet of ~-~ - t_~a_ wetlands. ho:.gever, constructed along the watCr-ly{n~ edge o~ this property lsa bulkhead in need of (minor) (major} repairs, and asuruximate!v feet in length. ' ' [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water~lying edge of this property is a bulkhead less than 100 feet in length. ~x ] Is M~XY~ located :.~ithin 300 feet of tld~i wetlandz; and there is no bulkhead or · cea ..... wa__ e:<is~in on the prcmise~. ° ~ y] FenceIs not located withiu 300 feet of tidal wetlands [~;tarred item~ (*) indicate your property d~ .... not appear to fal~ wTM '~ ~ .~.]1~ tho jurisdiction of thc N.y.s. D.E.C. Sincerely yours, ~:OTE: If proposed project falls ~itq~in D.E.C. jurisdiction, approval must be recei%,ed an~ suhmit~6d to our office befoce your aFplication can be scheduled for a public hcari:]g. ENVIRONMENTAL ASSESSMENT FORM INSTRU~TIONS~ (a) In order to answer the questions in this short gAF is la assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . ..... 2. Will there be a major change to any unique or unusual land form found on the site? 3.Will project alter or have a large effect on an existing body of water? . . . . &. Will project have a potentially large impact on groundwater quality? · · . , o . · 5. Will project significantly effect drainage flow on adjacent sites? , · . · · . . 6. Will project affect any threatened or endangered plant or animal species? . , · , o . 7. Will project result in a major adverse effect on air quality? . . · · . o . 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . . 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunities? . . . 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or Will project ~ffect the existing community by directly causing a growth in oermanent popu!a- tion of more than 5 percent o~er a one-year period o__r have a major negative effect on the character of the community or neighborhood?. , 15. Is there~.~ubli~ct~tro~.~versy con~erning the project? PREPARER'S SIGNATURE~ TITLE: REPRESENTING: Yes / No Yes ... No ,, Yes /z No Yes No Yes ~/ No Yes ~/ No Yes v/ No Yes No Yes---- No Yes, /No Yes No Yes W'/ No Yes "/No 0 W Ne'F,. / Yes No Yes / No