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Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 346] Application Dated January 2], ]986 TO: Samuel J. Glickman, Esq. as Attorney for HELMUT HASS 114 Main Street Greenport, NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 5, 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article VII , Sections 100-70(A) and 100-71 [ ] Request for Application of HELMUT HASS. Variances to the Zoning Ordinance, Article VII, Sections: (1) lO0-71, Bulk Schedule, for insufficient lot area and lot width; (2) lO0-70(A) establishing existing resi- dential use as principal use of proposed southerly parcel; (3) lO0-70(A) and 100-71 for approval of insufficient livable-floor area in the existing dwelling of proposed northerly parcel. Zoning District: 35350 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-69-04-2.1. WHEREAS, a public hearing was held and concluded on January 8, 1987 in the Matter of the Application of HELMUT HASS under Appeal No. 3461; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the south side Middle Road (a/k/a C.R. 48), Peconic, NY, having a total area of 49,709 sq. ft. and 100 ft. lot width. of 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 69, Block 4, Lot 2.1, and is located in the "B-I" General Business Zoning District. 3. By this application, appellant requests variances from the Provisions of Article VII, Section: (a) 100-71, Bulk Schedule, for insufficient lot area of proposed Parcel #1 of 20,774 sq. ft. and Parcel #2 of 28,935 sq. ft., and insufficient lot width of 100 feet; (b) lO0-70(A) continuing established residential use as principal use [in the existing two-story building] southerly Parcel (#1); (c) lO0-70(A) and lO0-71 continuing established residential use in existing (CONTINUED ON PAGE TWO) DATED: February 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3461 Matter of HELMUT HASS Deci§ion Rendered February 5, 1987 one-story building which also has an insufficient livable floor area of 774± sq. ft. [northerly Parcel (#2)]. 4. Article VII, Sections 100-71 and 100-70 of the Zoning Code require a minimum of 30,000 sq. ft of lot area and 150 ft. lot width, per parcel, in this "B-l" General Business Zoning District. The lowest allowable livable floor area in the "A" District is 850 sq. ft. The percentages of relief requested are: (a) 1,065 sq. ft. and 9,226 sq. ft., or .035% and 31% as to lot area; (b) the lot width is preexisting; (c) the insufficient livable floor area is preexisting. 5. It is noted for the record that: (a) by letter dated November 24, 1986, the Suffolk County Department of Health Services waived Article 6 Review; (b) the Planning Board by letter dated March 26, 1986 recommended approval. 6. It is the opinion of this Board that there will be no increase in density since the property is developed, and the variances requested are the minimal necessary under the cir- cumstances. In considering this appeal, the board also finds and determines: (a) that the percentages of relief requested are not substantial; (b) the circumstances are unique since the premises is developed; (c) there will not be a substantial change in the character of the neighborhood since the variance will not create any increase in density; (d) there is no other method feasible for appellant to pursue other than a variance; (e) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to approve the variances requested and as more particularly shown by survey map amended December 29, 1986, prepared by Roderick VanTuyl, P.C., SUBJECT TO THE FOLLOWING CONDITIONS: 1. Lot areas of reduced or changed in area adjustments); each parcel fl and #2 not be further any manner (no lot-line changes or 2. Conveyance in legal form must be recorded in the Suffolk County Clerk's Office after receiving appropriate Town, County and other agency approvals, within two years from the date hereof (copies of the deeds or other legal form of conveyance to be furnished to the Office of the Board of Appeals and the Planning Board). 3. Planning Board final approval; 4. Referral by the Board of Appeals to the Suffolk County Department of Planning in accordance with the require- ments of the Suffolk County Charter, Sections 1323, et seq. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly a~_D_~ed. lk GERARD P. GOEHRINGER, ~i~HAIRMAI 'iL2 S©O'~LL(TD ~i....'..'~, ~.~ . ~' February 16, 1987 Dz~ ~/~7//~? r,~,.r~/(j//o/~ Town Clark, Town c~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Law and the Code of the Town hearings will be held by the the Southold Town Hall, Main Meeting on THURSDAY, JANUARY pursuant to Section 267 of the Town of Southold, the following public Southold Town Board of Appeals at Road, Southold, NY at a Regular 8, 1987 at the following times: 7:35 p.m. Appeal No. 3587 - ROBERT AND EILEEN M. JOHNSON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient setback from tidal water area at premises known as 430 Corey Creek Road, Southold, NY; District 1000, Section 87, Block 5, Lot 3. 7:40 p.m. Appeal No. 3594 - ANNE C. MASON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition to existing dwelling with an insuffi- cient setback from tidal wetland area at premises known as 1250 Lupton Point, Mattituck, NY; District lO00, Section 115, Block 11, Lot 12. 7:45 p.m. Appeal No. 3585SE - ALVIN AND PATRtCIA COMBS. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel,where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms." Location of Property: 2500 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE - MARY J. MOONEY-GETOFF. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms." Location of Property: 1475 Waterview Drive, Southold, NY; County Tax Map Parcel No. 1000-78-007-20. 7:55 p.m. Appeal No. 3591 PAUL STOUTENBURGH, JR. Variance to the Zoning Ordinance, Article Iii, Section 100-32 for permission to locate accessory windmill tower in excess of maximum-permitted 18 feet height requirement, at 4015 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-98-1-6. Page 2 Notice of Hearings Regular Meeting of January 8, 1987 Southold Town Board of Appeals 8:00 p.m. Appeal No. 3583 ~ FREDERICK AND HELEN HRIBOK. Variances to the Zoning Ordinance, Articles: (1) III, Section 100-31 for insufficient southerly side yard and total side yards, and (2) XI, Section from existing bulkhead along proposal to construct garage at 90 Carole Road, Southold, No. 1000-52-2-4. 100-119.2 for insufficient setback Arshamomaque Pond, for this addition to existing dwelling, NY; County Tax Map Parcel ~-' 8:05 p.m. Appeal No. 3461 - HELMUT HASS. Variances to the Zoning Ordinance, Article VII, Sections: (1) 100-71, Bulk Schedule, for insufficient lot area and lot width; (2) lO0-70(A) establishing existing residential use as principal use of proposed southerly parcel; (3) lO0-70(A) and 100-71 for approval of insufficient livable-floor area in the existing dwelling use of proposed northerly parcel Zoning District: - "B-l" General Business. Location of Property: 35350 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-69-04-2.1. 8:10 p.m. Appeal No. 3552 - JOHN SENKO. (Hearing recessed from December 11, 1986). Variance for shopping- center use in this "B-l" General Business Zone with 30,084 sq. ft. lot area. 8:30 p.m. Appeal No. 3572SE MICHAEL (Hearing recessed from December ll, 1986). for Bed and Breakfast in existing building. AND JOYCE MATTES. Special Exception 8:45 p.m. Appeal No. 3584SE DONALD AND JOANNE RITTER. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) (100-31) for permission to convert existing one-family dwelling to a two-family dwelling. Location of Property: 2585 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-20. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings.. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: December ll, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO. 11 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .A Date ..~. .............. ~ .... 19 ...?aco ~,.~. ~ .~1: .'/.' ..... l.t.~.~..~. PLEASE TAKE NOTICE that your al~icat~n dated ~.-.c~. c~!~. ..... .~..c. ~.. ~....., 19 ....~ ~. for pe~it to~ ~i. ~ . ~. ~.~ .. ~ ~~ ........................... at ~catio, of ~perty..~ Z ~.~?~ ~ ~.. ~ ~ ~-'.~, ~' ~' CountyT= Map No. 1000 Section .. ~ ~. ..... Block ...~. ~ ...... ~t ~? ~.( ..... Subdivi~on Filed Map No ~t N~ ~ .... is returned he,with and disapproved on the fo~ow~g grounds~ {~.~...I.~.. ~.~ ~ ~ ~. l.. ~..~~~(a ....... , ...... ~.~.P~I~L..9~. ~ x~tT*.~..~a~ aa ~.. ~9~.. ~..~ ~ ~NT~ ~ ............ ~~..~a~a. t~a ~ ~..~.~..~ ~.9~.~.. ~ ........ ~' ~ i~Ol~ Building Inspector RECLflVED TOWN OF SOUTHOLD, NEW YORK 'JAN , P 986 FROM DECISION Of BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ...]..r~.r.(~.6. ............. Name of Appellant Street and Nurnb~r Peconic ............................................................................................. N.~.........1.~..9.~..8. ........... HEREBY APPEAL TO Municipolity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON S~ ,~FOR PERMIT I~;~C~.~...~$sz$.~...gr,c~.e~.~y DATED ..J~4~J,~,-'~..~.~..~gJ~ ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) HEIMU~ HASS Name of Applicant for permit of ............................................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (x) PS~VLIT TO DIVIDE 1. LOCATION OF THE PROPERTY ....s/~....O~,.t.R.c]:.~.8. ................................ ,~,::..];..,.C-~,,,~..:..,~.~.S,.: ................ Street Use District on Zoning Map SCTM 1000/069/04/0021 Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art. VII §100-71 and ~100-70 A-1 3 TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Map CK ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has) (has not) been mode 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 ...................................................................... A(x ) B(x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (A) AcCess to the southerly lot (20 774 sq.ft. ) is a right of way on the northerly parcel. (B) It is proposed to subdivide the parcel North/South. ~orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the parcel has for upwards of 20 years been utilized as a family "cc~pound" with a residence on the southerly lot, and a residence and business establishment on the northerly lot. The residence on the northerly lot contains approx. 686 sq. fet. (min. 850' required). That residence building and the structure used for business (fronting C.R. 48) were moved back (southerly) to there present location when C.R. 48 (then NYS 27A) was widened to the present dual highway. In not creating two distinct parcels, the southerly of which is reached by a right of way over the northerly parcel to C.R. 48, an econc~ic hardship is perpetuated. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because of the depth of the pareet; utitized as above. Two distinct parcels created (north/south) would confirm the use,i.e., principally residential in a B-1 General Business use area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the present lay out and buildings are the same as they have been for upwards of 20 years. The principal use of the pr6~ises is now and for scme 20 years has been residential. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signature Sworn to this ........... ]~3.t-~ ........................... day of.._Januaz%z ..................................... 19 86 Notary Pubhc CORNEEIA' C. K~OGH I OWNER TOWN OF $OUTHOLD PROPERTY RECORD CARD FORMER OWNER STREET ~ VILLAGE TYPE OF 'BL)ILDING 9 RES. LAND IMP. (: VL. TOTAL FARM SUB. LOT DATE J REMARKS ' - 4 AGE House Plot '~otol 2. '"V ':' BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD DEPTH I BULKHEAD DOCK Bldg. Extension Extension Extension Porch Porch Breezewoy Patio Oo B. T~tal ./ COLOR , I Basement Ext. Walls Foundation !Bath . Floors Fire Place Type Roof Recreation Room TRIM Dormer Interior Finish Heat Rcoms ]st Floor Rooms 2nd Floor !Driveway Dinette iDR. I BR. FIN. B M. Bldg. Extension Extension Extension Porch Porch Breezeway COLOR [Foundotion {Basement jExt. Walls iFire Place Type Roof iDormer TRIM Both / J Dinette Floors f - c- K. Interior Finish /j f_ ~/:_ LR. Heat ~ ~2z.~ I ~ iDR' j C~roge Rooms Patio IRecreation Room Rooms 2nd Floor O.B. Drivewcy ¢.lZ. Z?' t ' .... 100 Z ~c(~ /~ .%0 ' = J " Page 2 January 8, 1987 Public Hearing - Helmut Hass Southold Town Board of Appeals MR. GLICKMAN (continued): built. We have not violated any laws. And the reason that I've just explained is one that has to be satisfied to satisfy every- body else. CHAIRMAN GOEHRINGER: Well we thank you for coming in Mr. Glick- man. We'll see if there's any questions in the audience. Is there anybody else who would like to speak in favor of this ap- plication? Anybody like to speak against the application? Ques- tions from Board members? Hearing no further comment, we'll make a motion closing ~he hearing and reserving the decision until later. Thank you Mr. Glickman. Ail in favor - Aye. SOUTHOLD TOWN BOARD OF APPEALS MATTER OF HELMUT HASS THURSDAY, JANUARY 8, 1987, PUBLIC HEARING 8:42 p.m. Appeal No. 3461 - Public Hearing commenced in the Matter of HELMUT HASS. (1) Insufficient lot area and lot width, (2) establishing existing residential use as principal use of proposed southerly parcel; (3) for approval of insuf- ficient livable floor area in existing dwelling of proposed northerly parcel. "B-i" Zone. 35350 C.R. 48 (s/s) Peconic. The Chairman read the legal notice and application for the record.~ CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick VanTuyl P.C. January 22, 1970 indicating the front parcel of the parcel closest to the railroad. It would be the rear parcel in this particular case of 20,774 square feet which houses a two-story framed house or comprises a two-story framed house. The front parcel which is 28,935 square feet which is a one-story framed shop and a one=story framed house. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Sir, how are you tonight? Would you state your name. MR. GLICKMAN: I'm an attorney at law, 114 Main Street, Green- port. If the Chairman would kindly the two-story as lot number one and the parcel on 48 parcel number two. Those maps were just handed to me. I don't have very much to say. I believe that from the Suffolk County Board of Health I have a letter here dated November 24th where they have no objection unless the Board does. At the Planning Board, have granted it con- ditions therein which I have complied with for the 25 foot right-of-way as you can see in the survey. We have c.o.s running back from 1963 I think it is and they've been there. There's no other land to build on. You can not improve it any more. What is there is what you see and that's what you are going to get. We're asking to cut them in half. Not in half but undersized lots. Not 40,000 square feet. There's a question. The reason being is that according to this man's will and testament, we want to leave something for the wife and something for the children and there's no way that you can leave it all. The only way to satisfy everybody is to cut it in half and say one is yours and one is theirs. You can't build any longer in there. So there's no really other method. We've.complied with the Planning Board, the Health Department and I'm here ~today to ask the Board to grant the petition. CHAIRMAN GOEHRINGER: Is it the house on number two lot that is the undersized house? MR. GLICKNAN: It's the one nearest the 48. That's right. It is the 20,000. No I'm sorry. I'm wrong. It's the one that's right along on the railroad, 20,774 and the other one running from Middle Road up is 28, 000 almost 29,000 square feet. This g~es back to 1963. We have all the c.o.s, for every building DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK'-'~ Michael A. LoGrande SUFFOI-K COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOROFPLANN[NG Town of $outhold Zoning Board of Appeals February 24, 1987 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Helmut Hass Anne C. Mason Municipal File Number(s) 3461 3594 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,$R. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE: RrlAD "~5 SOUTHRLD. L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: × Variance from th~ Zoning Code, Article VII, Sections 100-70(A) and 100-71 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3461 Applicant: Helmut Hass Location of Affected Land: 35350 County Rd. County Tax Map Item No.: 1000- 69-04=2.1 Within 500 feet of: Town or Village Boundary Line 48, Peconic, NY Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land 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 Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. variances COMMENTS: Applicant is requesting i~J~ ~ 1. Insufficient lot area and width; 2. Establish existing residential use as principal use of ~roposed southerly parcel; 3. Approval of insufficient livable-floor area in the existing dwelling of proposed northerly parcel Copies of Town file and related documents enclosed for your review. Dated: February 17, Secretary, Board of Appeals Id.T° £App is outho wn Board o ea MAIN ROAD- STATE RnAD 25 SDUTHE}LD, L.I., N.Y. 11c:J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCK[ February 13, 1987 Samuel J. Glickman, ll4 Main Street Greenport, NY 11944 Esq. Re: Appeal No. 3461 Helmut Hass (Variances) Dear Mr. Glickman: Attached hereto is a copy of the official findings and determination recently rendered and filed this date with the Office of the Clerk concerning the above matter. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, in writing, or other documents as may be applicable. If this application involves a pending subdivision or site plan, please return to the Planning Board for further processing by their office. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to /ann]ng Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission PETER F. COHALAN 5UFFO!..K COUNTY EXECUTIVE DAVID HARRtS. M.D., M.P.H. November 24 , 1986 COM,..SS~O.E. Mr. Helmut Hass P.O. Box 115 Peconic, New York 11958 Subject: Dear Mr. Board of Review Hearing - November 7, 1986 Hass Develo merit, ~fS ":~'- '.~ ~ art ~ad Peconic Town of Southold TM 1000-069-04-002-00 Hass: At the hearing held on November 7, 1986, your appeal of the department's ruling on the subject application was presented to the Board of Review. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, the Board will grant the request for a waiver to allow the land division which .creates t~ undersized ~arcel~. The site is now developed and there would not be any increase in density due to the division. This approval is subject to the applicant obtaining town approval of the land division. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Robert A. villa, P.E. Chairman, Board of Review RAV/pd cc: Mr. W. Lindley PETER r. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES November 24, 1986 Mr. Helmut Hass P.O. Box 115 Peconic, New York 11958 subject: Dear Mr. Board of Review Hearing - November 7, 1986 Hass Development,~/C ~id~!c (C_R_ a~) ~conic Town of Southold~CTM 1000-069-04-002-001)~ Hass: At the hearing held on November 7, 1986, your appeal of the department's ruling on the subject application was presented to the Board of Review. In accordance with the provisions of Article 2, Section 220, of the suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, the Board will grant the request for a waiver to allow the land division which creates tw~ undersized parcels. The site is now developed and there would not be any increase in density due to the division. This approval is subject to the applicant obtaining town approval of the land division. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. RAV/pd Very truly yours, Robert A. villa, P.E. Chairman, Board of Review cC: Mr. W. Lindley Southold, N.Y. 11971 (516) 765-1988 March 26, 1986 Mr. Samuel Glickman Attorney at Law 114 Main Street Greenport, NY 11944 Re: Helmut Hass set-off Dear Mr. Glickman: Please let this confirm the action taken by the Southold Town Planning Board, Monday, March 24, 1986. RESOLVED that the Southold Town Planning Board refer the following comments and recommendations to the Board of Appeals regarding the application of Helmut Hass to set-off 28,936 square feet from 49,709 square feet at Peconic: 1. The Planning Board is in favor of this proposal with a covenant that there be no further subdivision. 2. It was also requested that a 25'right-of-way be shown on the easterly side of the property to service the rear lot. 3. And, the lot numbers must be indicated on the survey. If you have any questions, please don't hesitate to contact our office. c~: Borad of Appeals Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 March 4, 1986 Mr. Samuel Glickman Attorney at Law 114 Main Street Greenport, NY 11944 Re: Set-off for Helmut Hass Dear Mr. Glickman: The Southold Town Planning Board reviewed the file for the above mentioned set-off at the Monday, March 3, 1986 meeting. It was the consensus of the Board to conduct a field inspection of the premises prior to any further recommendation or action. If you have any questions, please don't hesitate to contact our office. ~ Board of appeals P.S. Would you please Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary submit six (6) surveys of the map requested by the Board of Appeals to our office as well. Thank you. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI February lO, 1986 Samuel J. Glickman, Esq. ll4 Main Street, P.O. Drawer Greenport, NY 11944 Re: Appeal No. 3461 Helmut Haas (Variance) Dear Mr. Glickman: This letter will acknowledge receipt of your recent application. The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. he-'~ It is in the interim that proceed wit~ ~ requested you t [XX] Planning Board and [XX~ty Health Department for Article VI subdivision approval, in order that they may submit their written comments or recommendations as early as possible. Upon receipt of their input, the board will be in a position to schedule your application for the next available hearing date. Also, it is noted in your application that a right-of-way is proposed to the southerly lot over the northerly lot. Please provide us with four copies of the map showing the proposed right-of-way. Please do not hesitate to call if you have any questions. cc: Planning Board ~ERARD 'Fr.--GO[H~'INGER ~- ' CHAIRMAN APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- B'rATE ROAD 25 SOUTHOLD, L.I., N.Y. ]'icj"]] TELEPHONE (516) 765-1809 December 2, 1986 Samuel J. Glickman, ll4 Main Street Greenport, NY 11944 Esq. Re: Appeal No. 3461 Helmut Hass (Variances) Dear Mr. Glickman: We are in receipt of the County Health Department's waiver issued November 24, 1986 concerning the set-off division of land located at the south side of C.R. 48 in Peconic. Upon receipt of four prints of the set-off division map showing the 25-ft. right-of-way (which the Planning Board has recommended be placed along the east side) to service the rear lot, we will be in a position to schedule and advertise this matter for a public hearing. If you are able to furnish the above by December 19th, your application will be calendared for our second January meeting. Please call if you have any questions concerning this matter. Yours very truly, lk cc: Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. _ SERGE DOYEN, JR. S · E. Q · R. A. ROBERT J. DOUGLASS JOSEPH H. SAWICK[ NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance January 8, APPEAL NO.: 3461 PROJECT NAME: HELMUT HASS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [.] Unlisted [ ] DESCRIPTION OF ACTION: (1) Insufficient lot area and lot width, (2) establish existing residential use as principal use of proposed southerly parcel, (3) approval of insuff, livable-floor area in exist, dwelling of pr°p°~A~h~l~R~ Town of Southold, County of, Suffolk, more particularly known as: 35350 C.R. 48, Peconic, NY §9-04-2.1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The Suffolk County Health Department has approved or issued its letter waiving additional review by their agency. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) The relief'requested is an area lot line variance, whi6h does not require furt' r processing under "Type II" Actions of the State Environmental © ky Review Act. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and the Code of the Town of Seutho]d, the foliow~ lng public hearings will be held by the Southold Town Bosrd of Appeals at the Southold Town Hall, Main Road, Sou0r- old, NY at a Regular Meeting on THURSDAY, JANUARY 8; 1987 at the following time~: 7:35 p.m. Appeal No. 358"/ -- RDBERT AND EILEEN M: JOIlNSON. Variance to th~ Zoning Ordinance, Article XI', Section 100-119.2 for permission te construct oddition to existing dwelling with an insufficient setback from tidal water area at premises known as 430 Corey Creek Ro,~'t qouthold, NY; Dis- Lot 3. 7:40 pm. Appeal No. 3594 ANNE C. MASON- Variance to~¢ the Zoning Ordinance, Article XI, Section 100-119.2 for pertain- sion to construct deck addition to existing dwelling with an insuf~ ficient setback from tidal wet- land area at premises known as 1250 Lupton point, Mattitack, NY; District I000, Section 115, Block 11, Lot 12. 7:45 p.m. Appeal No. 3585SE .. ALVIN AND pATRICIA COMBS. Special Exception to the Zoning Ordinance, Articl~ III, Section 100-30(B) for petrols: sion to establish "Bed and Breakfast Use, an Owner-Oe- cup ed Building, other than a hotel, where lodging and break fast is provided for not more than six casual, transient room- ers, and renting of not more than three rooms." Location of prop- erty: 2500 Peconic Lane, peconic, NY; County Tax Map' Parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE MARY J. MOONEY- ~ETOFF. Spec al Exception to the Zoning O -~inance, Artec? III, Section 100-J0(B) for permm~ sion to establish "Bed and Breakfast Use, an Owner-Oe. cupied Building, other than hotel, where lodging and break~ fast is provided for not more than six casual, transient room- ers, and renting of not more th~n three rooms." Location of Prop- erty: 1475 Watorview Drive, Seuthold, NY County Tax M~ Parcel No. 1000.75-007~0- 7:55 p.m. Appeal No. 3591 -- PAUL STOUTENBURGH, JR. Variance to the Zoning Or: dinance, Article III, Section 100- 32 for permission to locate accea- aery windmill tower in excess of maximum-permitted 15 feet height requirement, at 4015 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-98-1-6. _.~ . 8:09 p.m. Appeal No. 3583 -- FREDERICK AND HELEN HRIBOK. Variances to the Zen- lng Ordinance, Articles: Il) Ill,'" Section 100-31 for insufficieht southerly side yard and total side yards, and (2) XI, SectiOn back from existing bulkhead along Arshamomaque pond, for this proposal to construct garage addition to existing dwelling, at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 000-52-2-4. 3461. -- /~ 8:05 p.m. Appeal No. HELMUT HASS. Variances to the Zoning Ordinance, Article VII Sections 1) 100-71, Bulk Schedule, for nsufficient lot area and lot width; (2) establishing existing residential use as principal use of proposed southerly parcel; 13) 100-70lA)' ~. and 100-71 for approval ofinsuf' ~ficient livable-floor area in existing dwelling use of pr~p- ] osed northerly parcel. Zonm.g District: "B-I" General x ness. Location of Prope y: \ 35350 County Road 4~aPr~ee~ ) NY; County Tax Map 1000-60.04-2-1. 8:10 pm. Appeal No. 3552'-- JOHN SENKO. (Hear ng reces- sed from December 11, 1986k Variance for shopping-center use in this "B-I" General Busi- ness Zone with 30,084 sq. t%. lot ar~:a~0 p.m. Appeal No. S572SE _. MICHAEL AND JOYCE MA~i~ES. (Hearing recessed from December 11, 1986). Spec- iai Exception for Bed and Break- fast in existing building. 8:45 p.m. ApPeal No. 3584SE _. DONALD AND JEANNE Ri~mi, ER. Special Exception to the Zoning Ordinance, Article 1II, Section 100-30lB) (100.3D for permission to c,o~vert lng one-family dwemng to family dwelling. Location of Property: 2585 Peconie Lane, Peeonie, NY; County Tax Map Parcel No. 1000-74-03:20. The Board of ApPeals will hear at said time and place all persOnS or representatives desir- ing to be heard in each of th~ above hearings. Written com~ meats may also be submitted prior to the conclusion of the subject hearing. For more infor- mation, please call 765-1809. Dated: December lI, 1986. BY ORDER OF. THE soUTHOLD TOWN BOARD OF APPEAL8 GERARD P. GOEHRINGER, CHAIRMAN Linde Kowalskl, Board Secretary 2TD25-5458 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) of Greenport, in Carol e ~-~a said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 2 day of De c 198 6 /,;,/ '%. " /Pr~Clerk Sworn to before this ~. St~ ..... T~ , ~eb uar~9~ NOTICE: OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 2677 of the Town Law and the Code of the Town of~ Southold, the following publi~ ~ will be held by the Southold Town Board of APpeals al the Southold Town Hall. Main Road, Southold, NY at a Regular Meeting on THURS- DAY, JANUARY 8~ following time~:~ - '/:35 p.m. Appeal No. 3587- ROBERT AND EILEEN M. JOHNSON. Variance to me Zoning Ordinance, Article XL Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient re,- back from tidal water area at premises known as 430 Co~'Y Creek Road, Southold, NY; District 1000, Section 87, Block 5, Lot3. 7:40 p.m. Appeal No. 3594- ANNE C. MASON. Variance to thc Zoning Ordinance, Article Xh Section 100-119.2 for per- mission to construct deck addi- tion to existing dwelling with an insufficient setback from tidal wetland area at premises known as 1250 Lupton Point, Mat- tituck, NY; District 1000, Sec- tion 115, Block 11, Lot 12. 7:45 p.m. Appeal No.3585SE- ~[~VIN AND PATRICIA ,COMBS. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30(B) for per~ mission to establish "Bed and Breakfast Use, an Owner- Occupied Building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms:' Loca- tion of Property: 2500 Pecooic Lane, Peconic, NY; County Map Parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 35gsSE- MA RY J. MOONEY-~ETOFE Special Exception w the Zoning Ordinance, Article 111, Section 100-30(B) for permission to establish "Bcd and Breakfast Use,. an Owner-Occupied Building, other than a hotel; where lodging and breakfast is. provided for not more than six casual, transient roomers, and renting of nbt more than three rooms:' Location of Property:. 1475 Waterview Drive,. Southold, NY; County Tax Map' Parcel No. 1000-78-007-20. 7:55 p.m. Appeal No. 3591- PAUL STOUTENBURGHt JR, Variance to the Zoning Or- dinance, Article 111, Section 100-32 for permission to locate accessory windmill tower .in ex- cess of maximum-permitted 18' feet height requirement, at 4015' Skunk Lane., Cutchogue, NY;' County Max Map Parcel No.- 1000-98-1-6. 8:00 p.m. Appeal No. 3583-~'° FREDERICK AND HELEN HRIBOK. Variances W the Zon- ing Ordinance,Articles: (1) I11,' Section 100-31 for insuff'K'ient goutherly sid~ y~ud and side yard~, and (2) gl, ~tion 100-119.2 fo~ ln~ufficient from ~tlng ~ along Arshamomaque Pond, f~r this, proposal to construc~ garage ad- dition to existing dwelling, at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-4. YY 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 T~gveler-Watchman once each week for .......... weeks successively, commencing on the c~ ~ day of ., . . . .... Sworn to before me this ~'~'~'~'~'~/'~'- , 1 9 o'~'- ..................... day o[ /~. 8:05 p.m. Appeal No. 3461-'~ ELMUT HASS. Variances to/ the Zoning Ordinance, Article~ VII~ Sections: (1) 100-71, Bulk[ Schedule, for insufficient lot/ area and lot width; (2) 100-70(A) l establishing existing residential '/ use as principal use of propos- ed southerly parcel; (3) 100-70(A) and 100-71 for ap- proval of insufficient livable- floor area in the existing dwell~ lng use of proposed northerly parcel. Zoning District: "B-I" General Business. Location of Property: 35350 County Road, 48, Peconic, NY; County Tax Map Parcel No. 1000-69-04-2.1~. 8:10 p.m. Appeal No. 3552- , 3OHN SENKO. (Hearing'~ recessed from December I1, 1986). Variance for shopping- center use in this "B-I" General Business Zone with 30,084 sq. ft. lot area. : 8:30p.m. AppealNo. 3572SEa/~ MICHAEL AND JOYCE MATTES. (Hearing recessed from December 11, 1986). Special E~,x. eption for Bed and' Breakfast in existing building 8:45 p.m. Appeal No. 3584SF_.- DONALD AND JOANN]~ RtTTER. Special Exception t9 the Zoning Ordinance, Article · III, Section 100-30(B) (100-31) for permission to convert ex- isting one-family dwelling to a two-family dwelling. Location of Property: 2585 l~conic Lane, ~ Peconic, NY; County 'Pax. Map Parcel No. 100Q-74-03-20. 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 hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more int0r: mat;on, please call 765-1809.' Dated: December 11, 1986' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalskl, Board Secretary IT-12/25/86(6) ~ Notary Public BA I;'.13 ARA FORBES 14ot<iry Pti[!~ , State of New Yort Southold Town Board of Appeals WAIN ROAD- ¢iTATE ~OAD 2.~ E~OUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ~,I[(ARD P GOEHRINOER, CHAIRMAN CHARLES GRIGONI$, .IR. SEf~GE DOYEN, JR, ~OBERT J. DOUGLASS JOSEPH H. SAWtCKI 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 memb(~rs or persons in the audience. Please be assured tl~at your' public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feet free to call our office, 765-1809. Yours_ very G~'RA~D' P. 'GOEHR~'NGER CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk Page 3 Mailing List Public Hearings January 8, 1987 Southold Town Board of Appeals Copies by mail to the following on or about 12/19/86: Mr. and Mrs. Robert E. Johnson, 40-24 208th St., Bayside, NY 11361 Bob Koch & Son, for Anne C. Mason Woodcliff Drive, Mattituck, NY 11952 Mrs. Anne C. Mason, 709 Vivienda West Blvd, Venice, FL 33595 Mr. and Mrs. Alvin Combs, 2500 Peconic Lane, Peconic, NY 11958 Mrs. Mary J. Mooney-Getoff, Box 377, Southold, NY 11971 Mr. Paul Stoutenburgh, 4015 Skunk Lane, Cutchogue, NY 11935 Mrs. P.C. Moore, Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for Mr. and Mrs. Frederick Hribok Samuel J. Glickman, Esq., ll4 Main Street, Greenport, NY 11944 for Mr. Helmut Hass J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944 for Mr. and Mrs. Donald Ritter Stephen R. Angel, Esq., 108 E. Main St, Box 279, Riverhead, NY Daniel C. Ross, Esq., Main Road, Box 1424, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A., Box 1412, Southold, NY 11971 ll901 Barbara L. Coughlin, Esq., McNulty, Dipietro & Haefeli 130 Ostrander Avenue, Riverhead, NY 11901 for Mr. and Mrs. Mattes Mr. and Mrs. Douglass Shaw, Breakwater Road, Mattituck, NY 11952 Mr. and Mrs. Henry Haan, 340 Breakwater Road, Mattituck, NY 11952 Mr. and Mrs. Michael Mattes, 50 Luther Road, Box 831, Mattituck 11952 Z.B.A. Members Posted on the Town Clerk Bulletin Board Z.B.A. Office Bulletin Board 12/19/86 Building Department 12/19/86 Suffolk Times 12/22/86 L.I. Traveler 12/22/86 12/19/86 I[,DITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 31, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3461 application of Helmut Hass for: a variance. Also included is Notice of Disapproval from the Building Department; Notice to Adjacent Property Owners Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; copy of deed; and survey. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter m' the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: s/s C.R. 48, Peconic 3. That the property which is the subject of such Petition is located in the following zoning district: B-I C~n. Rn~ 4. That by such Petition, the undersigned will request the following relief: TO divide two parcels (north/south) $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article .. VII Section 100-71 and 100-70 A-1 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. - 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners ' Names: Helmut Hass Post Office Address 35350 C.R. 48,Pecenic,N.Y. 11958 Gerald Gralton Suffolk County Long Island R.R./~4TA Keven I<nobol ch Sandra Rone PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIP: ADDRESS BOX 153, Peconic., County Center, Ri~ Legal Dept. 88-13 Main Rd., Southold 160-06 C©rry Cree~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) Vircji.nia~ Maginn SS.: , residing at Mattituck, N.Y. being duly sworn, deposes and says that on the ]~7 day of 3~n,~n ,19 86 , deponent mailed a true copy of the Notice set forth on the re- verse side he~,~rected to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of.Somhold; that said Notices were mailed at the United States Post Of- fice at Green~p°rt- ~,Y,- 1 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 17th day of J.~uary ,19 86 Notary Public /' ~/rginia Magi~{r~ (This side does not have to be completed on form transmitted to adjoining property owners.} I~IOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of : : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Othe:) [cSrc].e choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: s/s C.R. 48, Peconic 3. That the property whiC~h is the subject of such Petition is located in the following zoning district: R-I C.,~n RllR. 4. That by such Petition, the undersigned will request the following relief: To divide two parcels (north/south) $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VII Sectic~ 100-71 and 100-70 A-1 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wRy. 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, Sou[0hold, New York and you may then and there examine the same during regular office hours. (5'16) 765-].8 9. 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, newspaper~ 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: Janaury 17, 1986 Petitioner Owners ' Names: HelrmJt Hass Post Office Address 35350 C.R. 48,Peconic,N.Y. 11958 Gerald Gralton Suffolk County Long Island R.R./MTA Keven Knobolch Sandra Rone PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS Box 153, Peconic, N.Y. 11958 County Center, Riverhead, N.Y. 11901 Legal Dept. 88-13 Supthen Blvd. Jamaica/NY 11431 Main Rd., Southold, N.Y. 11971 160-06 Corry Cr~k DF.Southold, N.Y. 11971 STATE OF NEW YORK COUNTY OF SUFFOLK Vir~i.nia. Maginn SS.: , residing at Mattituck, N.Y. , being dulYsworn, deposes and says that On the 17 day .'r~'~l la ~r~rec tedr , v°frsee side hereof, to ,19 85__._, deponent mailed a true copy of the Notice set forth on the re- each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of th~ Town of~oulhold; that said Notices were mailed at the United States Post Of- rice at Greenpo~c. N.Y, , ~ ~, ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 17th day of Ja~,~ary , 19 [56 Notary Public //, / ~/rginia Magir~ CO~{,,~.LIA C. KEOGH (This side does not have to be completed on form transmitted to adjoining property owners.) P 571 539~I~0 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~e.~. Keven Knobolch P.O. tat nd I Code Postage Certified Fee Spec[at Delive~ Fee Restrict~ Delive~ Fee Return R~e~pt Showing to whom an~ Date Delivered ~[um r~elpt showing to w~m, Date and Address ~ .~ (es~eaa~ ee~) 11¥18 1VNOIIVNB31NI BOJ ION O~(]IAOBd ~9¥B~IAO9 39NVBn~NI ON 91'e'lN (]::ml::ll].l:l:40 ~04.141::mO=~l~ 666 ~;£5 '[~.5~ d p 571 539 0B2 R~PT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) sen~lffolk County -REal Est ,t,~ C~nte-r-Legal ~t,. Special Delive~ Fee Date. and Add[es~ 9[De~veW ' Postma ~o~tq G '3 P 571 539 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sen'~IRR/MTA, Legal Dept. 88-13 Suphton Blvd. P.O., Stat~ and 71p Code ,.Jc~m~:Loa, N.Y. 11431 Return Receipt Showing PS Form 380~ Feb. 1982 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOU rHOLD, N.Y, NOTIC~ OF DISAPPROVAL .:..~ ~.~...C~ ~,..~a i ...... pI.~-&SE TAKE NOTICE that your alan dated ~..o~.~4~,. ;, ~.~,.. ~.,., 19 ~.~. ~on of~op~ ...... ~ ~ ~ · ~ ~,~ ~= ~,p ~o. lo~ s~'~,o, .. 9! ~. ..... ~o~ ...~ ~ ...... ~ ~ ~ ~.! ..... Subdivi~on Filed Map No ~t NO ...... is ~tumed he.with and di~pprowd on the foHow~g grounds ~.~. · .~.~ ..... ~ ~ q. ~x ~ ~>.~t ~...~l~... ,~...(~. .... ~... ~....) January 17, 1986 (Tod~,y's Date) To: Re: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: SCTM 1000/069/04/0021 Helmut Hass s~s Co. Rd. 48, Peconlc, Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i,n the within appeal application: (please check crne bo:<) [ ] ~t~y be located ?;z~nmn 300 feet of tidal wetlands]; hc%.~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length." [ ] ~.; b'e ·located within 300 feet of tidal wetlands; ho'..;ever, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 3.00 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tiddi wetlands; .and there is no bulkhead or concrete wall e:~is~ng on the premises. o[x ] Is not located within 300 feet of tidal wetlands to the best of iny knowledge.* [Starred items ~(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, (Sig%%ature please) ' NOTE: If proposed project falls witg~in D.E.C. jurisdiction, approval must be received an~ submit[dd to our office before your application can be scheduled for a public hearing. missio, of thi~ rm, and an environmenta .~view will be made by this before any action is (a) ]'n order to answer the questtcnm in thia short SAP ~ is ~s~ed that ~reT~rer will uee c~rren~ly ~vatlable ~o~tlcn con¢e~tng the pro~c~ ~nd ]zkely lm~ct~ o~ the action, ~t is not e~ect~d ~hat addit$onal ~tudl~, roee~rc~ (b) If any question has b~en answered Yes th~ pro~ec~ ~y be si~lficant and (c) If all ques%lon~ have been answered No 1% 1~ likely t~mt thl: project i~ s!gniflcant. to the project ~lte or physically alter tb~%n 10 acre~ of land? . . . . . . . Ye~ · 2. Will there be a ~Jor chanEe to any ~que or unusual lan~ fo~ found on the ~lte? . ~ Ye~ . ~ No 3. W~i project alter or ~ve a latE. effect on L. W~I project h~ve a potentially large ~ on ~o.~dwater quality? · ' · · ' ' · .. Yes . ~. W~! project si~ificantly effect drainage ~ 6. Will project affect any t~eatened or endangered plant or anLv.~l species? . . Yes ~ No 7. W~l pro3ect reset In a zaJor ,dvorse effect on air qualit * . . . * . · · · Yc~ o 8. W~i pro.Jeer hay, a ~aJor effoc~ on visu,1 kno~ %o be ~por%an~ to the com. munity? * · · -- Yes _ No 9. Will proJec~ adversely ~pac% any site or ur~ of his:eric, p~o-htstoric, or paleontological l?~ortance Or any site dosi~atod as a C~itical envlro~en~l area by a local agency? · · · .. Ye~ 10. W~I project ha~e a ramjet ~ffoct on exist~E or future recreational opport~ni%los~ · - · .... Ye~- ~.- 11. Will project rm~ult in ramjet traffic problems or 12. Will pro3ect reE~arl7 cause objectionable odor=. Will project have any impact on public health or Will project ~ffec% the exi~tin~ co,unity by ......... I ..... / Helot ~SS DA~=.. _. 1-17-86 S~) This Indenture, made the /~,l~ day of Between BEVERLY JACOBS, residing at 35450 North Road (County Road 27), Peconic, New York, August nineteen hundred and 80 party of the first part, and HEIJMUT HASS, residing at 35450 North Road (County Road 27), Peconte. New York, party of the second part, Witneeeeth, that the party of the first pert, In consideration of Ten Dollam and other valuable consideration paid by the party of the second part, does hereby grant and ra4essa unto the party of the second part, the heirs or.uccessors and assigns of the party of the second part forever. All that certain plot, piece.or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Peconib in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows:~ I~ARCEL I--;BEGINNING at a point on the southerly line of M~.ddle Road, as widened, at the nox'q~easterly corner of the land of Kenneth D. Case, .said point of beginning being about 1400 f~et easterly along said southerly line from Carroll Avenue; from said point of beginning running along land of Charles Hubbard and along ~ land of Suffolk County, south 23° 53' 30" east, a distance of 437.10 feet; thence along other land of Kenneth D. Case, two courses as follows: (1) south 58° 30' 30" west, a distance of 100.29 feet; thence (2) north 23° 53' 30" west, a distance of 439.53 feet to said southerly line of Middie Road (as widened); thence northeasterly along said southerly line on a curve to the left having a radius of 5789.58 feet, a distance of 100.0 feet to the point of BEGINNING. Containing 1.00 acre. PARCEL II---BEGINNING at a point formed by the intersection of the southerly line of land of the party of the first part with the westerly line of land of Suffolk County (said point being the northerly or northeasterly corner of the premises herein described); running thence south 23° 53' 30" east, a distance of 61.88 feet to land of Long Island Railroad Company; running thence along said land of Long Island Railroad Company, south 58° 30~ 30" west, a distance of 100.29 feet to land of Kenneth D. Case; running thence along said land of Kenneth D. Case, north 23° 53~ 30" west, a distance of 64.88 feet to said land of Helmut I-lass; running thence along said land of Helmut Hass, north 58° 30' 30" east, a distance of 100.29 feet to the point or place of BEGINNING. SUBJECT to any state of'4acts an accurate survey might show, providing same does not render title unmarketable, and to covenants, restrictions, easements, agreements reservations, and zoning regulations of record, of any, providing same do not prohibit present structure(s) Together with all right, title and interest, if any, of the party of the flrat part in end to any streets and roads abutting the above described premises to the center lines thereof; Together with the appurtenances and all the estate end rights of the party of the first part in and to said premises; To Hexe AmJ To Iidd the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the first part covenants that the party of the flint part hu not done or suffered anything whereby the said premises have been encumb~'ed in any way whatever, except a, afors~eld. And the party of the first part In co'mpliance with Section 13 of the Lien Law covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration es a trust fund to be applied first for the purpoad of paying the cost of the improvement end will apply the same first to the payment of the cost of the improvement before using shy part of the tot. I of the same for any other purpcee. The word,~Rarty" shall be construed aa if it read "parties" whenever the sanes of this Indenture so requires. In Wito/f~/Whereof, the party of the first part has duly executed this deed the day and year first above written. STATE OF NEW YORK, COUNTY 0FSuffolk ss: On the/'~J~ day of August 1980 , before me personally came BEVERLY JACOBS to me known to be the individual described in end who executed the foregoing instrument, and acknowledged that she axe same. NOTARY PUBLIC, State of New york No. 52.209'3890 Qualified m SultolK Cou_n_tyz~ · Xean ~ee Ma,-v,~ ~). ~ STATE OF NEW YORK, COUNTY OF Suffolk On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order~ STATE OF NEW YORK, COUNTY OF On the day of personally came before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides st No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw : execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. With Covenant Against Grantor'$ Acts Title No." - BEVE L¥- ACOBS TO HELNF~T HASS Standard Form of New York 1 Board of Title Unden~ritera Djlt dbmed by TITLE INSURANCE Company of New York SECTION BLOC~ LOT COUNTY Suffolk .Reco'~ed .t R~u~ ~ TITLE INSURANCE RE~RN BY MAIL TO SAMUEL J. GLICKMAN 114 Main Street PO Drawer "C" Greenport NY Zip No. 11944 AIN~O0 WIOJ~S ~0 ~B31O O~QUOOBB· f