Loading...
HomeMy WebLinkAbout3476 ~AIN ~AD- ~TATE ~E]AD ~ SOUtHE]LD, L J,, N,Y, ~1~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3476 Application Oared TO: February 27, 1986 (Public Hearing 4/3/86) [Appellant[s)] Mrs. Patricia C. Moore Law Offices of Rudolph H. Bruer Attorneys for ROBERT AND CHARLOTTE WISSMAN Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on Ma_~_~ ]986, 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 IX] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of ROBERT ~.ND CHARLOTTE WISSM2N for a Variance to the Zoning Ordinance, Art~]~-~l, Section-~TO-~-L-~2J to seek relief frDm conditions placed by prior Appeal No. 2006 in the Name of Claire Brody and Others dated February 27~ t975~ which conditionally granted use of lot for mooring, dock and storage building (Article Iii, Secticn lO0-30- (B)[9]) and insufficient lot area and width (Bulk Schedule): To allow the construction of a single-family residence. Location of Property: 715 Gull Pond Lane, Greenpsrt, NY~ County Tax Map No. 1000-35-04-007~6 (referred to as Lot "C~'). WHEREAS, a public hearing was held and concluded on April 3~ 1986, in the Matter of the Application of ROBERT AND CHARLOTTE WiSSMAN, under Appeal No. 3476~ and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zon~ng, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS~ the board made the following findings of fact: 1. The premises ~n question is located along the east side of Gull Pond Lane distant 637.82 feet from the southeasterly side of Middle (North) Road, in the Hamlet of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 35~ Block 04, Lot 007.6. The subject premises consists of a total area of 17,934 (CONTINUED ON PAGE TWO) DATED: June 3, ]986. CHAIk~LAN, SOUTHOLD TOWN OF APPEALS Form MB4 (rev. 12/81} ZONING BOARD Page 2 - Appeal Ko. 3476 Matter of ROBERT AND CHARLDTTE Decision Rendered May 283 1986 NISSMAN sq. ft. with frontage along Gull Pond Lane 140 feet, more cr less, and lot depth of 170 feet. The premises is presently vacant and constructed along the most easteFly (rear) property line is a bulkhead of 100 feet, more or less, in le[gth. 3. By this application, appellants request relief from prior Appeal No. 20067 Condition No. 1, rendered February 27, 1975 for approval of this substandard parcel for residential use. 4. On February 6, 1975, predecessors in title (Claire Brody and Others) applied for a Variance to the Zonin~ Ordinance, for approval of four substandard lots, each containing a~proximately 21,000± square feet in area and insufficient lot width of 140± feet, requiring a Variance from Article III, Section 100-31, Bulk Schedule, which required a minimum 1ct size of 40,000 sq. ft. and 150 ft. lot width. Also requested was permission to dock not more than two boats other than their own as permitted by Article III, Section 100-20(B)[9]. 5, Article III, Section 100-30(B)[9] of the Zc~ing Code provided as follows: ...B. Uses permitted by Special Exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board . (9) Boat docking facilities for t~he docking, moo~i~g or accommodation Of noncommercial boats, subject to the following requirements: Ca) There shall be docking or mooring facilities for no more than two boats other than those owned and used by the owner of the premises for his personal ~$e... 6. In rendering a decision on February 27, 1975, the Board of Appeals approved the insufficient lot area of proposed Lots A, B, C, and D as shown by sketched survey (surveyed January 15, 1970). Each lot on the 1/15/70 survey is shown to be bordering at its easterly (rear~ property line along the edge of a dredged canal (without bulkheading). It is the understanding of this board that during 1974-1975, the applicants were not able to obtain approval from the Suffolk County Health Department for the proposed subdivision or for the construction of new dwellings. The Board of Appeals placed the following conditions ~.n its Febru- ary 27, 1975 decision: (l) written covenants restricting or prohibiting this property for residential use, without approYal of the Board of Appeals, shall be filed in the Suffolk County Clerk's Office; (2) That before applicant may be permitted dockage and mooring privileges for small boats as an accessory use, a special exception shall be applied for from the Board of Appeals; (3) Site plan ap~,roval shall be obtained from the Planning Board; (4) Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health; Page 3 - Appeal No. 3476 Matter of ROBERT AND CHARLOTTE WISSMAN Decision~Rendered May 28, 1986 (5) That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions .... 7. For the~record, it is were executed by the predecessors 1978 declaring the four lots will purposes, binding successors and noted that written Covenants in title dated November 28, not be used for residential assigns in title. 8. It is also noted for the record that: (a) the parcel immediately south (Lot B) of the subject premises (Lot C) received site plan approval from the Town Planning Board 1/~/79 as required by prior Applications~ S~ecial Exception No~ 2032 [Harold Stetler] dated May .1, 1975, and Variance No. 1954 [Brody and Others] dated February .27~ 1975; (b) on 9/23/80~ Board of Appeals~ actions taken between %he period from l/l/71 through 9/5/79 concerning lot line changes or subdivisions of lands, were granted by the Planning Board; (c) the subject parcel, Lot C, was issued a Certificate of Occupancy dated June 15, 1984~ No. Z- 12559 indicating its status as a "single and separate lot" from the Building Inspector, and receiYed Suffolk County Health Department approval on 1/6/84~No. 14-SO-Q1; (d) the parcel immediately north ~referred to as Lot D, was improved with a single-family dwelling as per Certificate of Occupancy #Z-13071 dated December 18, 1989, and received Suffolk County Health Department approval, on zNovember 26, 1984, #12-S0-13. 9. In reviewing the surveys/sketches submitted under this application, it is the position of the town that once a complete application has been submitted to the Building Department for a construction permit, additional reviews will be made and an additional variance application may be necessary (100-119.2) as well as compliance with the Floodplain Management Law (Ch. 45) for a minimum elevation of the lowest floor at eight feet above mean sea level for this ~A-7~" Flood Zone. In considering this appeals the board find and determines that the relief requested should be approved as applied since: (a) the circumstances are unique; (b) the practical difficulty claimed is sufficient to warrant a granting of the variance; (c) the history of this parcel and actions taken lend to thle practical difficulties of the appellants; (d) the interestls of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Gri§onis, it was RESOLVED, to grant religf as requested under Appeal No. 2476 in the Matter of the Application of ROBERT A~D CHAR- LOTTE WISSMAN for approval of the subject 17,934± sq. ft. lot for single-family dwelling purposes, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the new construction must comply with front and side yard setback requirements without reductions; 2. Docking and mooring shall boats and for not more than two boats used by the owner of the premises for III, Section 100-30(B)[9]); be limited to noncommercial other than those owned and his personal use (Article Page 4 - Appeal No. 3476 Matter of ROBERT AND CHARLOTTE Decision Rendered MaY 28, 1986 WISSMAN 3. Commercial marina use shall not be permitted; 4, Additional variance applications must be applied for concerning setback from bulkhead, etc. if they are deemed necessary under the zoning regulations; 5. There shall be a minimum elevation of eight feet (8') above mean sea level as required in th~s "A-7" Flood Zone; 6. No temporary living quarters (such as camper, trailer, etc. unless permitted by Town Board ,.etc.). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk June 3, 1986 &/3/f~ HOUR DATE Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, 1986, and as follows: 7:3§ p.m. Appeal No. 3396 - GARY DOROSKI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool with decks and fence enclo- sure within 75 feet of wetlands and highwater mark, at 425 Monsell Lane, Cutchogue, NY; Norwald Subdivision Filed Map No. 1275, Lots 31-35 inclusive; County Tax Map Parcel No. 1000- 97-08-27. 7:40 p.m. Appeal No/ 3482 - JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to change use of a portion of existing building to building-material storage, in conjunction'with existing agricultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY~; County Tax Map Parcel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473 - JOSEPH A. CASSIDY, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of 58,484 sq. ft. parcel with 135' frontage along Reydon Drive, set off from premises to the north presently of J. Rich of 55,831 sq. ft. in area and 135' frontage (lot width). Property identification: County Tax Map Parcel Nos. 1000-79-05-23.1 and 22.1; located along the west side of Reydon Drive, Southold, NY. 7:50 p.m. Appeal No. 345i BEDELL WINERY for a Special Exception to the Zoning Ordinance, Article IIi, Section 100-30- (B)[14] to establish winery use from grapes grown on the premises, 36225 Main from 3/13/86). 8:00 p.m. Appeal Road, Cutchogue; 1000-85-02-10. (Recessed No. 3476 ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance, Article XII, Section 100-121 to seek relief from conditions placed by prior Appea~.~ Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 · ~ No. 2006 in the Name of Claire Brody and Others dated February 27, 1975, which conditionally granted use of lot for mooring dock and storage building (Article III, Section 100-30(B)[9]) and insuffi- cient tot area and width (Bulk Schedule), to allow the construction of a single-family residence. Location of Property: 715 Gull Pond /~ Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C"). 8:10 p.m. Appeal No. 3481 - PORT OF EGYPT ENTERPRISES~ INC. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to storage tanks in this "C-Light" at 6230 Main Road, Southold, NY; 3.3, 4, 6, 6.1. install/relocate marine fuel Industrial Zoning District, County Tax Map No. 1000-56-6-3.2, 8:15 p.m. Appeal No. to the Zoning Ordinance, permission to establish owner-occupied building, 3472 - MICHAEL HERBERT for a Variance Article III, Section lO0-30(A) for "Bed and Bre~kfast"-type use, or "an other than a hotel, where lodging and breakfast is provided for not more than nine of Property: 795 Pike Street, Mattituck, NY; Parcel No. 1000-140-2-23. Zoning District: Agricultural. persons." Location County Tax Map A-Residential and 8:20 p.m. Appeal No. 3418 - GRETCHEN HEIGL for a Variance to: i~ (a) the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient lot area and width in this proposed division of property, and (b) New York Town Law, Section 280-a for approval of access to proposed Lot #1 over a private right-of-way located along the easterly side of the subject premises. Location of Property and Right-of-Way in Question: North Side of Sound View Avenue, Southold, NY; County Tax Map Parcels No. 1000-68-1-14 and 15.1. 8:25 p.m. Appeal No. 3477 - WILLIAM AND KATHERINE HEINS for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this proposed division located alon9 the north side of Main Road, Orient, NY; County Tax Map Parcels No. 1000~19-2-5 and 6. Page 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 32 1986 8:35 p.m. Appeal No. 3488 - WILLIAM KREITSEK for a Variance to the Zoning Ordinance, Article III, Section 100-32 (and/or Section IO0-30A) for permission to locate private, fenced-in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacen~ to residence of the applicant and referred to as 9030 Soundview Avenue, Southold, NY; George Penny IV Filed Subdivision dated April ll, 1974; County Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal Noo 3471 NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A)[1] for permission to construc~ single-family dwelling with an insufficient setback from edge of bank~:along the Long Island Sound. Location of Prooerty: North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision Map 45862 Lot 113, County Tax Map Parcel No. 1000-33-01-11. 8:50 p.m. Appeal No. 3469 - WARREN AND MARY BRADY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the frontyard area, at premises referred to as 3500 Private Road #13~ off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-105-01-5. 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. Written comments may also be submitted prior to the conclusion of the hearing in question. For more · information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS lk GERARD P. GOEHRINGER2 CHAIRMAN INSTRUCTIONS FOR NEWSPAPERS: Please publish Thursday, Ma'rch 27~ 1986 and forward two affidavits of publication on or before April 1st to: Board of Appeals, Main Road, Southold, NY 11971. Page 4 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, t986 Copies of the 3-page Legal Notice of Hearings to the following on or about March 25~ 1986~ with transmittal form: Mr. Gary Doroski, 425 Monsell Lane, Cutchogue, NY 11935 Mr. Jerry Shulman, P.O. Box 41, Port Jefferson Station, NY 11776 Mr. Joseph A. Cassidy, J[., 39-17 222nd St, Bayside, NY 11361 Mr. Merlon Wiggin, Peconic Associates, Greenport, as agent for BEDELL WINERY as agent for PORT OF EGYPT ENTERPRISES NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold, NY as agent for ROBERT AND CHARLOTTE WISSMAN as agent for MICHAEL HERBERT as agent for WILLIAM KREITSEK as agent for NICHOLAS TSIRKAS 11971 Michael J. Hall, Esq., Yeungs Avenue, Southold, NY 11971 as agent for GRETCHEN HEIGL Anthony B. Tohill, P.C., Box 744, Riverhead, NY llgO1 as agent for WILLIAM AND KATHERINE HEINS Mr. and Mrs. William Heins, Main Road, Orient, NY 11957 Town Clerk Bulletin Board ZBA Bulletin Board Building Inspectors (4) ZBA Members ZBA Individual Files With Affidavits of Publication TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF. DISAPPROVAL · '.. ~:~--.,. ~ -C~ co,,,~,~.~,: .~.~..-~T PLEASE TAKE NOTICE that your application dated .. for permit to CO~,~ .~..'~.%'~"...Ct~ ~. ~/~..0:-4~.~, .~.. ~-~.~'~ ~t.~ ..... at .~.~ . .~. ~ ..... ~o~a~o~ or ~-~..~..~..~7.. ~...0 ..... .~. ........ Hou~ No. ~t ' Ham/et c~ ~= ~a~ ~o. ~ ~tio~ ... ~ ~.~ .... ~o=~ .. ~.~ ....... ~t .Q~ ~.-. ~.. Subd~on ............. F~ed Map No ........... ~t TOWN OF SOUTHOLD BUI L DING DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 11971 TEL.: 765-1802 \pproved 9isapproved a/c ..................................... Received .......... ,19... (Building Inspector) ~ APPLICATION FOR BUILDING PERM IT INSTRUCTIONS a. Tiffs application must be c6mpletely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3 :ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ation. ' ' c. The work covered by tiffs application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit mil be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy lall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or '.egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to ]mit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporation), ................................... i.~ .q..~..: . . .hr/, (Mailing address of applicant) irate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............... (..c,.. ~ .~,,.,.~....c_.~ ~?.T. ~,.*.~ .~.~...) ............................................ Same of owner of premises . ~f'~t.~-,. L ~..~.~.~.....'~.?'. },.~.~..Z.~.~..~.~.R.d,..~=.-, .i~-.: .... ............................. (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. ..... . .~..o ~.-.-~..~.. i. ~ .,.~ .~.~... (Name and title of corporate officer) Builder's License No ...................... ~... Phunbcr's License No. 7 Electrician's License No..~.~.. ~.T .~. ...... Other Trade's License No. '- Location of land on which proposed work will be done. ~/~/,,~.-. (~o~/_~., {9o Iq (~ ~ I~ ~ttE -- .~. ~..~.~..~t~.~[ .............. ~..o. .......... .~.o..t~..e.e w.!~...%?.~.e. ....... .Ce..~.~-~. ~o. ~ .- .... ..~l...~f.. .... tlouse Number Street Hamlet County Tax Map No. 1000 Section ....O..~..~. ......... Block . ..~. .............. Lot ~.~,.~.... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 'V ~ c..*., ~ L ~ ~ 0 - b. Intended use and occupancy ' 3.~ Natu?e of work (check which applicable): New Building ...~'~... .... Adca,bn .......... Alteration .......... Repair .............. Removal .............. Demolition ............. Other Work ............... (Description) 4. Estimated Cost ..... 7.-'-~/.O-.O..~. ....................... Fee ...................................... (to be paid on filing this a,v. pj~f3t, ion) ...... · ~. ....... Number of dwelling units on each floor O. ..... ,.. ~-. .... 5. If dwelling, number of dwelling units ;" ' > ~ -' / - If garage, number of cars ..................................................................... ~ 6. If business, commercial or mixed occupancy, specif.~re and extent of ~ype of use ....... ~ ........... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............. Height ...: .w ~- ........ Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ......... Number of Stories ........ 8. Dimensions of enQre new construction: Front ii '.z~ .bl .~. ~,i.. ii 'l~r .~..~. ( ......... Depti~ ~,~.' i'i. Height .. ~..O.: ........ Nu~mber of Stories .'~,../~..., ........................ ~ ................ 9. Size of lot: Front .../.,e/(.~ .............. Rear..../.'a~...-3. ......... :... Depth /..~. ................. 10. Date of Purchase ..... .Z.'F. ~.~:). ................. Name of Former Owner ..-v- ........................... 11. Zone or use district in which premises are situated .......................... 9' .......................... 12. D6es proposed construction violate any zoning law, ordinance or regulation: .gM.~: ........................ 13. Will lot be regraded .../~.~. ........... _. .......: ..,kt/jll e~qe~fi[1.beirem~ovc.-e~ from premises: .Yes 14. Name of Owner of premises ./'Z'.,q..Z.t?~./. .~.~.i.]'.~.~.~.'a~ess .~"~a;~.~'r= .~t~ .~- Phone Name of Architect .. J..a. NC,,,..c.~..~.~'t..m-..~. Address .~. g o~:. :t4.~ .c5 ..... Phone No./7.~'g~ ..,o.j Name of Contractor . ,~, R.t.~.~...e...O .~.~. ~ j.f, vt/~...~. Address ~Jq t~.~.~.e,r~,, fe~ ~. Phone N° ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whethe~ interior or comer lot. STATE OF NEW YORK, S.S COUNTY OF ................. ....[,..~. Yr/. ~ .m..~ .~.-.~w....L.. t..~. ~)...~ p~ ................being duty sworn, deposes and says that he is the applican (Name of individual signing contract) above named. te is the ....... ~..~--, id./~,~.~'~. ~ .~..e...~ .r.,./2... ~..1.~? ~.~ ~ l., ............................................. ,..,~,.. . (Contractor, agent, corporate officer, etc.) >f said owner '~ owners, and is duly authorized to perform or have performed the said work and to make and file thi application; thai all statements contained in this application are true to the best of his knowledge and belief; and that tht york will be performed in the manner set forth in the application filed therewith. ¢worn to before me this ............. .~ff....E~. ..... day of ...... ......... 19 NOTARY PU~LIC. S!~'~ ~f Ne'~ York ...................................... No. 4707,~" %.nl~ (S~'~nature of applican~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. D^TE !./..%(.~.~ ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. Robert and Charlotte 1, (We)..%Iiaamar~....i .......................................... of ...1,Q,4,..~.o.D,c.o.%~.e..~a~.k ............................. Name of Appella,nt Street and Number ..B.%-..i.g..h_t..w...a.,t...e..r...s. ............................................................... .N..:,Y..: .............. .....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FRO/~ THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR ~g~l['lK~ .B..U...I..L..D..~.,G,...P...E.~.I...T. DATED ..... .1_1../...2..5.,./..8...5. .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( (X) RQ. BERT...W]~S SI~AI~ ............................................... Name of Applicant for permit of ~..0...4.,. ~.q.n...c..o..U.S.s...e... ~., .a...s..t..,...B.r.i.g.h j;.w..a, il..e. ~r..s..,...~.....Y.., ...................................... Street and Number Municipality State PERMIT TO LT~EK CONSTRUCT PERMIT FOR OCCUPANCY RELIEF from Appeal No~ 2086 1. LOCATION OF THE PROPERTY 715 Gull Pond La. "A"-Res./Agri. Street Use District on Zoning Mop %.a..x.....M..a. g.g..q .n.q .3...5. ............................. 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.) N/A 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map , ( ) A VARIANCE due to lack of access (State of New York Town Law Chapl 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( X ) RELIEF from Appeal N~. 2006 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) A request for a determination by the ZBA of conditions placed on Appellants'pro by Appeal #2006. iS requested-for the reason thatperty A restriction was placed on this property by Appeal #2006, which pre- vents ApPellants from building a residence without prior approval of the ZBA. - SEE ATTACHED LETTER - FO~ ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRI~T~ APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because - SEE ATTACHED LETTER - 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 - SEE ATTACHED LETTER ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because SEE ATTACHED LETTER ~ STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Sworn to this .................. .2...6..t..,h...~ ............... day of ................ .~.}f....F..9.~'..u..a...r.Y .............. 19 ~otary Public ~A~Y DIANA FOSTER ~OTARY PUBLIC, State of NeW No. 52-4655242, Suffolk Commission Ex, pk~s March 30, Rudolph H. Bruer~ Attorney for Appellants 86 OWNER TOWN OF $OUTHOILD .DROPERTY RECOED CARD STREET FORMER OWNER RES. LAND Tillable Woodland Me~dowbnd House P}ot Total SEAS. IMP. VL...,~ i 3 FARM TOTAL I0 -~' TYPE OF BUILDING CO~. CB. MICS. Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH A/' ](~ ? BULKHEAD ~e, OWNER STREET FO~ OWN~' ~ R~. S~S. VL. ~ / 9 ~ND IMP. TOTAL Tillable Woodland Meodow~nd Hq~ pl~Lm Total OF SOUTHOLD DROD~TY RECORD CArD S FARM DATE VILLAGE SUB. w CO~. CB. Mi~. Mk Value LOT ACR. J TYPE OF BUILDING FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD COLOR TRIM Extension Porch 13 reezewey C~3roge Patio Total Foundation Bath Basement Floors K. Ext. Walls Interior Finish 'Fire Place Dinette! LR. DR. Type Roof Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor FIN. B Dormer Driveway .OWNER FORMER OWNER STREET' P OP TY VILLAGE W CArD ~E~ r-~t~<~ ~- ~- RES. SEAS. VL. COMM. CB. jz~.C-~ Mkt. Value LAND IMP. TOTAL FARM DATE ~-fz 612 TYPE OF BUILDING LOT REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD FO~EROWNER ), N~ . ~ n ~ I E ~ ~ ~ ~ ACR. ~ ~.~.~ · ~-~ ~ , S , I W ~ . J ~PEOF BUILDING · RES. S~S. FARM COMM. CB. ~JS Value ~ND ~ IMP. TOTAL DATE REMARKS NORMAL BELOW FARM , Tillable I Tillable 2 Tillable 3 ~-_____. Woodland Acre Value Per Acre /3, ol ~otal Swampland FRONTAGE ON WATER ;Brushland FRONTAGE ON ROAD blouse Plot ABOVE Va{ue DEPTH I DOCK : 4'3zo . COLOR TRIM /~/~ M. Bidg~ Extension Extension Extension Foundation .~/q ~ Bath Porch Basement Floors Porch Ext. Walls '~ Il! Interior Finish Breezeway Fire Place Heat Type Roof Garage Patio O.B. Total Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer Driveway / Dinette K. LR. DR. BR. FIN. B OWNER STREET VILLAGE TOTAL Ca.,a / W DIST. i ', SUB. TYPE OF BUiLDiNG LOT Fiilable FRONTAGE ON WATER Noadland , ' FRONTAGE ON ROAD ~ea~ ~l~;~e Plot .. Fetal iDEPTH Z-~ '.; BULKHEAD TRIM Extension E~tensJon Foundation Porch Basement Porch Ext. Walls BreeZeway ~ Fire Place Goroge Patio Total Type Roof Recreation Room Dormer Rooms 2nd Floor Driveway BR. FIN. B Town of Southold Board of Appeals COUNTY OF' SUFFOLK Departaent of Plannin$ 360-5206 June 18, 1986 Pursuant co the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the follow,ns application(s) which have been referred Co the Suffolk County Plantins Co~-~ssioa ara considered to be a matter for local decemntna-' eton. A daclslon of local determination should not ba construed as either an approval or a disapproval. ~pplicent(s) , M~micipal File ~,mber(s) ~R r. & Mrs. Ralph Stocker obert & Charlotte Wissman Mr. & Mrs. Harry O. Hurlburt 3457 3476 3490 Very truly yours, Lee E. Koppelman Director of Planning bc~~~--------~---~ Chief Plammer Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter, Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article×ZI , Variance from Determination of Southold Town Special Exception, Article , Section the refers Section 100-121 Building Inspector Special Permit Appeal No.: 3476 Applicant:Robert and Charlotte Wissman Locatioo of Affected Land: 715 Gull Pond Lane, Greenport, County Tax Map Item No.: 1000- 35-04-007.6 Within 500 feet of: Town or Vii]age Boundary Line NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Land Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to seek relief from conditions Dlac~d by prior Appeal No. 2006-Claire Brody & others - dated Feb. 27t 1975 and insufficient lot area and width to allow the construction of a single- family residen¢~, Copies of Town file and related documents enclosed for your review. Secrefary, Boar~ ~f Appeals Southold Town Board of Appeals MAIN RI-lAD- STAT£ RnAD 25 ~BnUTHRLD, L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. $. E. Q. R.A, SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3476 PROJECT NAP~: ROBERT AND CHARLOTTE WISSMAN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance to seek relief from conditions placed by Appeal #2006 dated 2/27/75 to a]]0w single-family dwelling on 10t of insufficient area, width and depth. LOCATION OF PROJECt{_ ~o~ ~f ~o~thold~ County.of. Suffql~ ~ore particularly known as: /lb 6uII Fono Lane, ~reenp0r~; Map 0* claire Br0dy & Others, grandfathered 9/]3/80, Appeals #]954, 2005-2007 inclusive located along Fordham Canal shoreline. ' REASON(S) SUPPORTING THIS DETEP~INATION: (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) January 6, 1984 Health Department approval was received under Permit #14-S0-01 for necessary sanitary and water-well systems. (3) The relief requested is not directly related to new construction at this time. FOR FURTHER INFOP~TION, PLEASE CONTACT: Linda Kowals~i, Secretary, $outhold 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. lk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUG[ASS JOSEPH H. SAWlCKI June 3, 1986 Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3476 - Robert and Charlotte Wissman (Variance Dear Pat and Rudy: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their author'za- tion of any new construction, or for other written documents as may be applicable. If you have any questions, please do not hesitate.to call either our office (765-180g) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission Southold Town Board of Appeals -19- ~~y 2.?, Ag?~, There were approximately 25 people present from the Cleaves Point Property Owners Association, the Baymen's Association, and persons directly concerned with property located on the East side of Gull Pond Lane, Greenport, New York, bounded on .the north by Scott McBurney (Lot 11); on the east by canal (branch of Gull Pond); on the south by G. Lubrich (Lot 12); on the west by Gull Pond Lane, consist- ing of four lots, for the following public hearings on application of Reginald Hudson a/c Claire Brody and Others. THE CHAIRMAN: Ail of the testimony that is taken on the first application will also apply to the other three applications. All of these applications are approximately the same. The proposal is to divide up some filled property into approximately one half acre lots, in order for the owners to obtain some use for their property, which all Boards are pledged to defend. It was suggested that these four lots might be created with a view to using them solely for accessory residential use which is a permitted use for all of you under the present Ordinance, by special exception. In other words, the applications before us tonight will have ~o"~e further qualified by special exception. This is what h~ occasioned the large attendance here %o~ight. The proposal is to create these four lots and to covenant them by agreement filed in the County Clerk's Office that they can~never be used for residential purposes. They can only be used for accessory residential use. All of you are permitted accessory residential use. ~e four applications are identical. I believe if you hear one of-them you will have heard ali of them. MR. REGINALD HUDSON: They are all the same. The property has been cut down to four lots instead of five lots as originally planned. PUBLIC HEARING: Appeal No. 1954 - 9:45 P.M. (E.D.S.T.) Rehearing: Amended application of Reginald Hudson a/c Claire Brody & Ors, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for moo~ing dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, NeW York (southerly lot), bounded north: N 66° 01' 20" E 165' ~; East: 135' + on W/S Canal; South: along northerly line of Lot 12, Fordham A~res S 60° 54' 30" W 188' +; West: along E/S Gull Pond Lane N 68" 19' 00W 88.9' & N 43~ 00' W. 51.51'. Southold Town Board of Appeals -20- February 27, 1975 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: We went over the whole subdivision this afternoon. These lots would be larger than most other lots in the vicinity. The survey shows the proposal for all four lots. This is part of the original development. I am trying to make the whole application clear to you. I talked to Counsel this afternoon and found that the applicant would have to make applications for special exceptions for the mooring of boats. It comes under uses that are permitted in a residential area by special exception. I believe that the thinking of the Board on these applications is that; No. 1 - it would be necessary to apply for a special exception to moor boats as an accessory residential use. No. 2 - it would also be necessary to obtain Board of Health approval on any sanitary facilities. No. 3 - site plan approval would have to be ob tained from the Planning Board. No. 4 - Depart- ment of Environmental Conservation approval must be obtained. Also, it would be necessary that the applicant file covenants which would further prohibit their using these lots for residential purposes now or in the future. This is some of our thinking. I am sure that all of you realize that anybody who owns property has a right to use it to the extent permitted by law. This is not to be a commercial proposition and I believe that the Board would reduce the number of boats that can be anchored here because of your pollution problems, and because these lots are under 40,000 square feet in area. The Board will probably require ~at no more than two boats be anchored ~ff these lots. ~ ca~"t put anything com~erci~l~in a residential area. The rest of you are permitted to have your own boats ~lus two others. We had an application from Orient where a man had 18 or 20 boats and he said they were all his, and that it was not a marina. So, in order to offset the possibility of somebody buying one of these lots and mooring a half dozen boats there, we will restrict the number of boats allowed. This is some of our thinking. We are required to allow a man to use his property. We have to find a use for this land. All courts say a man should be able to use his property. What is proposed here is an accessory use. We have received a letter from Mr. Eric G. Koch, Secretary of the Cleaves Point Property Owners Association,.a civic association representing about 40 homeowners and lot owners 'along the adjoining and neighboring Dawn Lagoon, along Gull Pond, and other lot and homeowners in the Cleaves Point area. Southold Town Board of Appeals -21- February 27, 1975 Mr. Koch pointed out that"the main objection to the granting of these variances is the fact that these lots will be occupied by boats with people living on those boats through- out the boating season. ~th the number of boats involved it would be in essence a small marina in a residential area. 9~hese boats would discharge all human excrements and urine deposits into this narrow canal, which in our opinion would constitute and create a very serious health hazard." (Letter in file). We have also received a letter from Mr. Walter Honings, Gull Pond Lane, Greenport, N. Y., stating that "one of the most important considerations you have as members of the Board of Appeals are the environment, the ecology and pollution of the waters of the Town of Southold. Gull Pond is a beautiful inlet with well cared for homes, mostly owned by retired people of which the Township of Southold, I am sure, is proud. You will be creating a 600 foot shanty town. Whether you approach by road or water the docks and storage buildings requested will be a lot more than unsightly. They will give the impression of shacks or out-houses." (Letter in file.) We have also received a letter from Mr. and Mrs. Walter Galazzi, 197 Gull Pond Lane, Greenport, N. Y. stating that they wish to register their opposition to the application for variances as submitted by Reginald Hudson a/c Claire Brody & Others. (Letter in file). THE CHAIRMAN: I will be glad to turn the floor over to anyone who wishes to speak for this application. MR. HERBERT ZIEGLER, Cleaves Point Property Owners Association: Perhaps I can save everyone some time. I am an attorney and there is no question in my mind that you made a proper statement. There is one question that occurs to me. I have not been able to ascertain whether these contracts are contracts subject to obtaining a variance or whether the property has been conveyed. MR. REGINALD HUDSON: Some people still own them. MR. ZIEGLER: Do these owners have Deeds recorded? MR. HODSON: This was known as Fordham Acres, and they conveyed the property. MR. ZIEGLER: I am also cognizant of the fact that you can make severe restrictions. I think this thing can be amicably settled. I would like to propose that the Board take it upon themselves to restrict to one boat with livable quarters. There is a difference between that and a day sailer or an outboard. Southold Town Board of Appeals -22- February 27, 1975 THE CHAIRMAN: You are suggesting that there be no more than one boat anchored at each lot with living quarters? Then, we get into what is considered to be living quarters. MR. ZIEGLER: You can't live on an outboard or a day sailer without toilet facilities, which is the main problem. They have used the word "dock". This is an 80 foot wide channel, if a man has a 54 foot boat out there, I would suggest that they have in mind "dockage" at a bulkhead. If anyone were to construct a 40 or 50 foot dock in there... THE CHAIRMAN: No docks is what you are saying. MR. ZIEGLER: I .think it should be "dockage". There would be no way of mooring. If you have a 30 foot boat with 12 feet of chain and a 15 foot line, there would be no room to swing. THE CHAIRMAN: This use is permitted in Residential. 100-30 No. 9 - Boat docking facilities: for the docking, mooring or accommodation of non-commercial boats subject to the following requirement: "There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. MR. ZIEGLER: I am not opposed to their right to use the property. I am more concerned with 8 boats along that almost stagnant canal. It is going to cause so much pollution that you will have the same problem that they have at Sterling Basin. Everyone is entitled to have friends but I am trying to point out that 8 boats as a permanent thing is a lot of boats. If they are owners, I am not trying to interfere with their use. THE CHAIRMAN: If we can define boats on which you can live and confine it to one livable boat on each lot you would be agreeable to that? MR. ERIC KOCH, Cleaves Point Property Owners Association: No one would object to one livable boat. We are afraid that there might be 10 to 15 boats moored there without toilet ~blding tanks. People will visit them, cars will be parked along the road, there will be shacks built, but our main concern is pollution. MRS. SCOTT McBURNEY, Gull Pond Lane, Greenport, N. Y.: It's already there. MR. KOCH: We don't want any more of it. $outhold Town Board of Appeals -23- February 27,'1975 MR. ZIEGLER: It empties into Gull Pond. It's a much wider body of water. The Town has seeded with oysters. We are concerned with pollution on Gull Pond. I don't know of any pollution in the canal but I can understand how it can develop. Whatever empties out empties out into Gull Pond. It does'nt empty out into the Sound or the Bay. Would you mind the word "dockage"? MR. HUDSON: YOU could not built a dock if you wanted to because the previous owners still retain the bottom. have no objection to the word "dockage". MR. WALTER HONINGS: There are two things that we are objecting to that we would like to see avoided. Up at the end of the channel you have a situation that we are afraid will be repeated on each of these lots. At the far end there is one piece of property with four boats set perpendi- cular to the end. If that is done for 700 or 800 feet it will make a very small channel, and it looks like the devil. Also, they put up a metal gazebo. When the wind blew it down Mr. Germansky had a new one put up but he left the old one lying there. We are afraid of this sort of thing appearing for 600 feet along the road. THE CHAIRMAN: We would want something substantial that would not blow away. Most of these outbuildings that are put up will blow away unless you anchor them. MR. V. GERMANSKY: The company from whom I bought that gazebo said it would stand winds of up to 100 miles per hour. We have replaced it. I don't think anything will blow this thing down. Mr. Honings made the comment that the gazebo is still there. It is but I do want to save those panels. I would like to have the time to replace them. THE CHAIRMAN: We don't have the authority to tell you what to do with a building that fell down. MR., HONINGS: We are really trying to protect ourselves from something like this happening again. THE CHAIRMAN: How large a building do you think an outbuilding should be? MR. KOCH: That size is alright. MR. HUDSON: It's 12' x 14', or maybe 12' x 16' or 12' x 18', something along that line. Southold Town Board of Appeals -24- February 27, 1975 MRS. SCOTT McBURNEY: We are immediate neighbors. We had a situation where a man rented boats. They did not keep the place clean. That's what we are afraid of here, too. Also, if someone has a houseboat with a toilet, that concerns us. THE CHAIRMAN: Anything that they do will be subject to the Board of Health, not to us. MRS. McBURNEY: There is an odor all around my boat. MR. RALPH CROAKHILL: I am the second house in. We have had the water tested. There is no pollution. Our children swim there. I own the houseboat up there, I have a holding system. I have one friend and he has a holding system. This has been going on for ten years. There is an algae that's formed by nature and is not polluting. MR. HELMER KENT, Cleaves Point Property Owners Assoc.: We are primarily concerned with ecology. It will be up to D.E.C. to give final approval on this. There is no way of putting in a sanitary system. Unfortunately, an ordinance on holding tanks is no longer in force, it's been eliminated. If you get a half dozen boats there without holding tanks, it will create a pollution problem. MR. BOB HAMILTON, Baymen's Association: I am President of the Baymen's Association. Our Association is opposed to any mooring or any more houseboats in the area because right now Gull Pond is a good area for clams. We think people have a right to use their property but not to expand where they will create more pollution, and if someone is living on a boat they will pollute. Things get thrown overboard. MR. VICTOR OSTLING, Cleaves Point Property Owners Assoc.: I also live on Gull Pond. I have had most of my questions answered but may I look at the map? THE CHAIRMAN: Yes, you may. MR. OSTLING: I~ this four individual owners, or one owner? THE CHAIRMAN: A group owns it. MR. OSTLING: Is this property in the name of that group? THE CHAIRMAN: They want to make it four lots and sell it. ~t th~'present time it's not four lots. Southold Town Board of Appeals -25- February 27, 1975 MR. KOCH: If it were restricted to one livable boat, we would not object. MR. HONINGS: Would it be possible to put something into the approval, something to the effect that this land would be made to look presentable rather than to have a lot of trucks and cars parked there? THE CHAIRMAN: I think one of the things the Planning Board might do would be to have a driveway created, and the applicants might be able to do some landscaping. MR. STEVEN GERMANSKY: With one livable boat you might preclude a family from living together. I think two boats would be satisfactory so as not to preclude a family from living together. Less than two boats could break up a family. THE CHAIRbIAN: Does your family live on more than one boat? MR. GERMANSKY: It's difficult to define. MR. KOCH: We all know that they have toilet facilities and sink facilities. MR. GERMANSKY: Many people have a sailing boat and a power boat. MRS. LORRAINE TERRY: Does D.E.C. review this after your decision? THE CHAIRMAN: It's automatic in order for them to use their property. We don't have any power over them or they over us. MR. ZIEGLER: They say they have final control but I wouldn't bet on it. MR. HARRY ARMSTRONG, Cleaves Point Property Owners Assoc.: Could they build a bulkhead? THE CHAIRMAN: It is their privilege. MR. OSTLING: The ground is so soft. could do it. I don't think they MR. KOCH: There could be a catwalk to a float. THE CHAIRMAN:' How the~ get on and off is immaterial to '' this hearing. Southold Town Board of Appeals -26- February 27, 1975 DR. M. RAUSCH: I live on one of the boats on the end. There is no pollution. Pollution is more important to us, to those of us who live on a boat, than to those who live in a house. We seem to have the means to limit to one boat per property, and I want to discuss these specific recommendations, but I don't believe pollution comes from boats. Twenty boats that have holding tanks do not cause pollution. I don't know if you can limit to holding tanks. However, we all have the same aims in common; We can do it legally and morally. We can see that no boat pollutes our Gull Pond. That would do more than stopping more land from being used. If that land is made pretty, that would not detract; and if boats are there that don't pollute, we will all have gained our aims. MR. KOCH: How could you control it? THE CHAIRMAN: I think Dr. Rausch has a wonderful idea but this is not the time to discuss it. MR. KOCH: If they don't have bulkheads, how would they get their boats there? MR. STEVEN GERMANSKY: There waters. That is a dead-end thing. is a 42 foot boat. That can turn is a question of navigable The largest boat I know of around in a space of 45 feet. MR. SCOTT McBURNEY: I have been there for seven years. We would not complain if they conformed to the residential nature of their property but we would not want to see a lot of storage buildings put in there. It would deteriorate our property. If we have too many boats it would obstruct ingress and egress. MR. A. TYRRELL: I belong to the Southold Town Baymen's Association. I want to support my President. We passed a unanimous vote against anything that would interfere with life. We are concerned with the natural biological growth. THE CHAIRMAN: These people can use their property and these are accessory uses by right. MR. TYRRELL: From a Bayman's viewpoint you are taking a living away. This is a livelihood. My position is that I must support my President. Southold Town Board of Appeals -27- February 27, 1975 MR. BOB HAMILTON: We try to make sure that the Town creeks don't become all polluted. If you can find a satis- factory solution where these people could have their boats there and their sheds, and guarantee that they would not pollute the water, we would not object. But because they are human beings , they will pollute the water. MR. OSTLIN~: I would like to answer the Doctor. Visiting boats come from the outside and anchor overnight. It is almost impossible to prevent that. Whether they have holding tanks or not, I don't know. THE CHAIRMAN: You might take that up with the Town Board. MR. THEODORE VAN HYNING: I do believe that all people are entitled to the use of their land and that includes present owners who have put in considerable money to purchas~ in a resiJentiat area. I do think some thought should be given to this. I think that the people who are already established here have some rights also. This is a situation that would detract from a residential are~, especially when the lots are not subdivided lots, as I understand it. MR. HUDSON: The folks who are making application have other lots where they intend to build homes of their own. We did no't realize they would have this problem. THE CHAIRMAN: The true owners have other livabl~ property in this area? MR. HONINGS: It's on our canal directly opposite McBurney's. MR. HUDSON: So, they are interested in the charact~.r of the neighborhood as well as you folks. MR. KOCH: You beam anchored there. on that side too. could not }lave a boat with a 12 foot They could moor another two boats MR. RAY KLEMPNER: I have recently built on Gull Are those lots in conjunction wit}] Cleaves Point Assoc.[at,on? Cleaves Point Association has inland lots. When the house sells .... THE CHAIRMAN: This is a jointly owned piece of property. MR. KLEMPNER: Is this the same thing? Is this used in conjunction and thought of as in conjunction? I thought from the discussion that these people are vitally interested because they do have residential property in the area. It is not adjacent but like cleaves Point is a tie-in so it can:be sold separately later on. Southold Town Board of Appeals -28- February 27, 1975 MR. HONINGS: The purpose of making this is so it can be used by other people. They can sell it to anyone they want. MR. ZIEGLER: I would take the word "dock" out and say "mooring in front of and adjacent to property" if the Board deems it fair and just particularly in view of the Town's own interest. They own the land under the water. MR. HUDSON: When I spoke to one of the previous owners he mentioned that they retain the right. ~hq. ZIEGLER: I am not talking about the canal. I am talking about Gull Pond; Gull Pond is owned by the Town of Southold. I certainly don't think you would want to go beyond two boats. Property is frequently sold, and rapidly, so while these people may be good neighbors, we don't know about future owners'. I don't want to give the impression that I don't agree that they have their right to use this property but because of other factors I would hope that the Board would put restrictions on it. If the restrictions are fair and equitable, we are not going to complain. MR. STEVEN GERMANSKY: The Army Corps of Engineers will not allow a channel to be blocked. Therefore, I don't think the change of words matters. THE CHAIRMAN: I think we will have to follow Mr. Ziegler's suggestion. I believe everyone has had the opportunity to be heard "for and against" this application. The Board of Appeals designated, for purposes of clarifi- cation, that the southerly lot (Appeal No. 1954) shall be known as LOT "A"; the south center lot (Appeal No. 2005) shall be known ~s LOT "B"; the north center lot (Appeal No. 2006) shall be known as LOT "C"; the northerly lot (Appeal No. 2007) shall be known as LOT "D"; all as shown on Van Tuyl survey dated January 15, 1~. LOT A - After investigation and inspection the Board finds ~--~ applicant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of Lot "A" as shown on Van Tuyl's survey of January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivisi6n; and that the Board of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case~ is accessory use to the ordinary residential use. Southold Town Board of Appeals -29- February 27, 1975 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use'district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "A" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. e That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use a special exception shall be applied for from the Board of Appeals. 3. Site plan approval shall be obtained from the Planning Board. 4. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2005 - 9:55 P.M. (E.D.S.T.) upon application of Reginald H~dson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B 9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York,(south center lot), bounded North: N 66° 01' 20" E 170' ~; East 140' + west side Canal; South: S 66° 01' 20" West 165' + West: N 68T 19' 00" W 140' + al6ng east side Gull Pond Lane.-- Fee paid $15.00. Southold Town Board of Appeals -30- February 27, 1975 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. (Ail testimony taken in the previous hearing concerning LOT "A" (Appeal No. 1954) also applies to this hearing concerning LOT "B" (Appeal No. 2005). LOT B - After investigation and inspection the Board finds that app~cant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of Lot "B" as shown on Van Tuyl's survey of January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision; and that the Board of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, is,:accessory use to the ordinary residential use. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "B" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. That b~fore the applicant may be permitted dockage and mooring privileges for small boats as an accessory use, a special exception shall be applied for from the Board of Appeals. Southold Town Board of Appeals -31- February 27, 1975 e Site plan approval shall be obtained from the Planning Board. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. Se That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: . Appeal No. 2006 - 10:05 P.M. (E.D.S.T.) upon application of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York, (north center lot), bounded on the North: N 66° 01' 20" E 170' +; East 140' ~ along W/S Canal; S. 66° 01' 20" W. 170' ~; West N 68° 19' 00" W. 91.24' and N 61" 29' 10W 48.76' along east side Gull Pond Lane. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. (Ail testimony taken in the previous hearings concerning LOT "A" (Appeal No. 1954) and LOT "B" (Appeal No. 2005) also applies to this hearing concerning LOT "C" (Appeal No. 2006). LOT C - After investigation and inspection the Board finds that app~cant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of LOT "C" as shown on Van Tuyl's survey dated January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision; and that the Board of Health and Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, is accessory use to the ordinary residential use. Southold Town Board of Appeals -32- February 27, 1975 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "C" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use a special exception shall be applied for from the Board of Appeals. 3. -Site plan approval shall be obtained from the Planning Board. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2007 - 10:15 P.M. ~E.D.S.T.) upon application of Reginald Hudson a/c Claire "Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York (northerly lot), bounded North: Lot 11, Map of Fordham Acres'N. 66~ 01'"20" E~' 165' +; East: 140' + on west side Canal; South: 66° 01' 20" W. ~70' + ; West ~1° 29' 10" W 140' + on East side Gull Pond Lane. Fee paid $15.00. - Southold Town Board of Appeals -33- February 27, 1975 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. (Ail testimony taken in the previous hearings concerning LOT "A" (Appeal No. 1954), LOT "B" (Appeal No. 2005); LOT "C" (Appeal No. 2006~--also applies to this hearing concerning LOT "D" (Appeal No. 2007). LOT D - After investigation and inspection the Board finds that ~cant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of LOT "D" as shown on Van Tuyl's survey dated January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision, and that the Board of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, is accessory use to the ordinary residential use. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr,Doyen, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "D" as applied for in accordance with applicant's metes and boundes as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. 2. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory ...... use, a special.exception shall be applied for from..~h~ Board of Appeals. Southold Town rd of Appeals -34- February 27, 1975 3. Site plan approval shall be obtained from the Planning Board. Any sanitary facilities shall be subject to the Health. installed on this property approval of the Board of That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Grigonis, .'5,,, 1.')8 °~ ~5~/~ ~85 GU 1 io~nd ane, qreenport, ~}nd am s d ,el!in' oN 45} eir ,,.ope~t, ne. I ~s a resi ent o~' the sa ~e hsve }~ ~ 'n-, ir~ ~ ' proeosa! e~d the so-,hi i!} i e i.rt~r late a~)proval to their nlans. Salvatore J. Ariosto irene ~. Ariosto 50 Wiggins Lane Greenport, New ~ork 11944 April 3, 1986 To Whom It May Concern: As the owners and residents of the property directly across the canal from the property of Mr. R. ~issman, we hereby declare that there are absolutely no objections to the construction of a single family home upon Mr. ~lssman's parcel of land. A home on this property will be an asset to both the community and the Town. Respectfully Tel: 477-2085 I II II, [11!1~1~1 I!l[,l~ !l' [II~III'III'I"P! I~ '1 ~q[ Ill[ illiimdl/llllllll III!n~l]llllJ~ ......... :r ......... I~lilpnul NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Seuthold Town Hall, Main Road, Southold, NY at a Regular Meet- lng commencing at 7:30 p.m. on THURSDAY, APRIL 3, 198~, and as follows: 7:35 p.m. Appeal No. 3396 GARY DOROSKI for a Vari- ance to the Zoning Ordinance, Ai-ticle XI, Section 100-119.2(B) for permission to locate proposed pool with decks and fence enclo- sure within 75 feet of wetlands and highwater mark, at 425 Monsell Lane, Cutehogue, NY; Norwald Subdivision Filed Map No. 1275, Lots 31-35 inclusive~ County Tax Map Parcel No. 1000-97-08-27. 7:40 p.m. Appeal No. 3482 - JERRY SHULMAN for a Spec- iai Exception to the Zoning Ordi- nance, Article IX, Section for ~,~ission to change use of a portion of existing building building-m~terial storage in !conj~ction with existing ag- !ricultural storage and agricul- tural office, at premises referred to as 11950 Sound Avenue, Mat- tituck, NY; County Tax Map Par- cel No. 1000-141.03-41. 7:4~ p.m. Appeal No. 3473 JOSEPH A. CASSlDY, JR. for a Variance to the Zoning Ordi- frontage along Reydon Drive, set off from premises to the north presently of J. Rich of 55,831 sq. ft. in area and 135' frontage (lot width). Property identification: County Tax Map Parcel Nos. 1000-79-05-23.1 and 22.1, lo- cated along the west side of Reydon Drive, Seuthotd, NY. 7:50 p.m. Appeal No. 3451 -- BEDELL WINERY for a Spec- iai Exception to the Zoning Ordi- nance, Article I~, Section 100- 30-(B)[14] to establish winery use from grapes grown on the premLses, 36225 Main Road, Cutohogue; 1000-8.5-02-10. (Re- cessecl from 3113f8~). /~8:00 p.m. Appeal No. 3476 -- /ROBERT AND CHARLOTI'E I 7~WI~SiSI~'N fora Variance to the Zoning Ordinance, Article X[I, Section 100-121 to seek relief from conditions placed by prior Appeal No. 2006 in the Name of Claire Brody and Others dated / Februa~-y 27, 1975, which condi- tionally granted use of lot for/ mooring dock and storage buil~d-~ ing (Article IH, Section 100- 30(B)[91) and insufficient lot area and width (Bulk Schedule), to allow the construction of a single-family residence. Loca- tion of Property: 715 Gull Pond Lane, Greenpert, NY; County Tax Map No. 100~-35-04-007.6 (referred to as Lot "C"). 8:10 p.m. Appeal No. 348] 'I~ORT OF EGYPT ENTER- PRISES, INC. for a Special Ex- ception to the Zoning Ordinance, Article VIH, Section 100-80 for nance, Article III, Section 100- permission to in~tall/retocato 31, Bulk Schedule for approval _nx~r~.. ~storage tanks in this · - , -C-Li ~a~strial Zon ng Dis of 58,484 sq. ft. parcel w~th 135 . ~.~.~ . - knet, n'~rzaU Mare I~ad, South- ~'~old, ~4y; County Tax Map No. 1000-5~6-3.2, 3.3, 4, 6, 6.1. .-- 8:15 p.m. Appeal No. 3472 - MICHAEL HERBERT for a Variance to the Zoning Ordl- nance, Article I~, Section 100- 30(A) for permi~ion to establish "Bed and Breakfast "-type use, or "an own®r-oo~upied building, other than a hotel, where lodging and breakfast is provided for not more than nine persons." Loca- tion of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Zon- ing District: A-Residential and Agricultural. WILLIAM KREITSEK for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 (andYor Section 100-30A) for per- mission to locate privato, fenced- in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent ts r~sidence of the applicant and referred to as 9030 Soundview Avenue, South- old, NY; George Penny IV Filed Subdivision dated April 11, 1974; County Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471 -- NICHOLAS TSIRKAS for a Variance to the Zoning Ordi- nance, Article XI, Section 100~ 119.2(A)[11 for permission to con- s~ruct single-family dwelling with an insufficient setback from edge of bank along the Long Is- land Sound. Location of Prop- erty: North Side of Sound Ay- enue, Greenport, NY; Eaztern Shores Subdivision Map 4586, Lot 113, County Tax Map Poxcel No. 1000-33-01-11. 8:50 p.m. Appeal No. 3469 - WARREN AND MARY BRADY for a Variance to the Zoning Ordinance, Arti$1e IH, Section 100-32 for permi~ibn to - locate accessory barn in the fron- tyard ama, at premises referred to as 3500 Private Road #13, off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-105-01-5. The Board of Appeals will hear at ~aid time and place all persons or representative~ de~iring to be heard in each of the above mat- ter~. Written comments may a~o be submitted prior to the conclu- sion of the hearing in question. For more information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRI~qGER, CHAIRMAN ITM27-5198 STATEOFNEWYORK ) ) ~S: COUNTY OF SUFFOLK ) M~.'I, K. Degnan of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for Ona weeks successively, commencing on the 2 ? dayofM~r~h 19 Principal Clerk Sworntobeforemethia ~-- ~ ~NN M. ABATE davof /// /~' I~OtAR¥ PUBLIC,State of New Y°~ ' -/~ ~uft~lk County No ~,~18~ / Southold Town Board of Appeals MAIN ROAD-BTATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE '(516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S o E. Q.R.A o SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRON~NTAL DECLAP~ATION JOSEPH H. SAWICKI Notice of Determination of Non-Si~nificancn APPEAL NO.: 3476 PROJECT NA~: ROBERT AND CHARLOTTE WISSMAN 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 simil&r project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance to seek relief from conditions placed by Appeal #2006 dated 2/27/75 to al]0w single-family dwelling on 10t of insufficient area, width and depth. LOCATION OF PROJECT: Town of SoutholdL Countv of Suffolk. more particularly known as: 7]5 Gu]] Pond Lane, Sreenp0~t; Map of Claire Br0dy & 0thers, grandfathered 9/]3/80, Appeals #]954, 2005-2007 inclusive located along Fordham Canal shoreline. ' 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) January 6, 1984 Health Department approval was received under Permit #14-SO-O1 for necessary sanitary and water-well systems. (3) The relief requested is not directly related to new construction at this time. FOR FURTtIER INFORb~TION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel 516- 765-!809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. lk NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the. Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, 1986 and as follows: 7:35 p.m. Appeal No. 3396- GARY DOROSKI for a Variance to the Zoning Or- dinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool with decks and fence enclosure within 75 feet of wetlands and highwater mark, at 425 Monseli Lane, Cnt- chogue, NY; Norwald Subdivi- sion Filed Map No. 1275, Lots 31-35 inclusive; County 2*ax Map Parcel No. 1000-97-08-27. 7:40 p.m. Appeal No. 3482- JERRY SHULMAN for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to change use of a portion of existing building to building-material storage, in conjunction with ex- isting agricultural storage and agricultural office, at premises referred to as 11950 Sound Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000-141-03-41. 7:45 p.m. Appeal No. 3473- JOSEPH A. CASSIDY, JR. for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of 58,484 sq. ft. parcel with 135' frontage (lot width). Property identification: County Tax Map Parcel Nos. 1000-79-05-23.1 and 22.1, located along the west side of Reydon Drive, Southold, NY. 7:50 p.m. Appeal No. 3451- BEDELL WINERY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30-(B)[141 to establish winery use from grapes grown on the premises, 36225 Main Road, Cutchogue 1000-85-02-10 Recessed from 3/13/86). /' 8:00 p.m. Appeal No. 3476.- ROBERT AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance, Article XII,Sectionl00-121 to seek relief from conditions placed by prior Appeal No. 2006 in the Name of Claire Brody and Others dated February 27, 1975, which con- ditionally granted use of lot for mooring dock and storage building (Article Ill, Section 100-30{B)[9] and insufficient lot area and width (Bulk Schedule), to allow the construction of a single-family residence. Loca- toin of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 referred to as Lot "C"). 8:10 p.m. Appeal No. 3481- PORT OF EGYPT ENTER- PRISES, INC. for a Special Ex- ception to the Zoning Or- dinance, Article VIII, Section 100-80 for permission to in- stall/relocate marine fuel storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 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 lraveler-Watchman once each week for ................... ~. ...... weeks successively, commencing on the ......... .~.~ ~ ....... Sworn to before me this ..................... day of .....· ......... , 8:15 p.m. Appeal No. 3472- i Notary Public 8:35 p.m. Appeal No. 3488- MICHAEL HERBERT for a WILLIAM KREITSEK Variance to the Zoning Or- ti,/ BARBARA FOP_BES Variance to i~e Zoning Or-. dinance, Article III, Section otary Fubiie, State of New York dinance, Article III, Section 100-30(A) for permission to ~- No. 488~8 ~O . 100-32.(and/or Section 100-30A) Quah ~d m ~ufzosa County for permission to loca~e private, establish '~Bed and Breakfast"- ~ommissivn Exp;res ~ 3/ 19 ~g fenced-in tennis court together type use, or "an owner-occupied . building, other than a hotel, with 12' by 12' gazebo on stilts where lodging and breakfast is provided for not more than nine persons:' Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel. No. 1000-140-2-23. Zoning District: A-Residential and Agricultural. 8:20 p.m. Appeal No. 3418- GRETCHEN HEIGL for a Variance to: (a) the Zoning Or- I dinance, Article III, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area and width in this proposed divi- stun of property, and (b) New York Town Law, Section 280-a for approval of access to pro- posed Lot No.l over a private right-of-way located along the easterly side of the subject Prerm~!ion of Property ~-a.n ~ t- right -o f-w~.~z~'6~-a~alon~' ~the easterly side of the subject ~',and Right-of-Way in Question: -North side of Sound View Avenue, Southold, NY; County Tax Map Parcels No. '1000-68-1q4 and 15.1. 8:25 p.m. Appeal No. 3477- WILLIAM AND ~'KATHERINE HEINS for a ~"Variance to the Zoning Or- .~,dinance, Article III, Section ~. 100-31, Bulk Schedule for ap- proval of insufficient area, · ~ width and depth of two parcels ~ in this proposed division located along the north side of Main Road, Orient, NY; County 'Ihx ~.~Map Parcels No. 1000-19-2-5 and 6. on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, Soutl~old, NY; George Penny IV Filed Subdivision dated April 11, 1974; County Tax Map Parcel No. 1000-59-07-27.2 and 27.1. 8:40 p.m. Appeal No. 3471- NICHOLAS TS1RKAS for a Variance to the Zoning Or- dinaoce, Article XI, Section 100-I19.2(A)[1] for permission'to construct single-family dwelling with an insufficient setback from edge of bank along the Long Island Sound. Lo~. tion of Property: North Side of Sound Avenue, Grecnport, NY; Easteru Shores Subdivision Map 4586, Lot 113, County ~ Map Par- cie No. 1000-33-01-I1. 8:50 p.m. Appeal No. 3~69- WARREH AND MARY BRADY for a Variance to the ZoningOrdiannce, Article Ill, Section 100-32 for permission to locate accessory barn in the frontyard an~ at premises refer- red to as 3500 Private Road No 13, off the north side of Bergen Avenue, Matittuck, NY; Coun- ty Tax Map Parcel No. 1000-105-01-5. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above n]atters. Writ- ten comments may also be sub- mitted prior to the conclusion of the hearing in question. For more information, please call 765-1809. Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-3/27/86(12) APPEALS BOARD MEMBERS GERARD P. GOEHRINGFR, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 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 there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk .I[JDITII T. TERRY TOWN CLt'RK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 27~ 1986 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK Transmitted herewith is Zoning Appeal No. 3476 application of Robert & Charlotte Wissman for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter pertaining to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; Survey of property and other pertineat ~at~rials in connection with this appl±cation. ~~~ Judith T. Terry Southotd Town Clerk FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy Z12559 J u.n, e. 15 1984 No Dst · · · vacant THIS CERTIFIES that the. l.q~. .... ................................................ Location of Property ..... :.IQO.... ..... Gull..~guB. J~ ........... .G.r.~Op.o.r.t ...... Mouse ,'vo. ' .... Street Ham/et County Tax Map No. I000 Section .... 3.~ ......Block ..... 4. ......... Lot .... 7:.6. ........ Subdivision ........ x. ...... Filed Map No ...x. Lot No. x conf6rms substantially to the applicable PrOviSions of ~he Zoning;... Code of the Town 0£' Southold. The premises are located in 'the ....... ".A"Residential-Agricult~ral District and may be used.. for such uses as are presently authorized by the Zoning Code in such. district subject to, however, all of the. requirements of the Zoning.. Code. A single and separate lot. 'The certificate is issued to of the afores//id -iOt..- ROBERT & CHARLOTTE WISSMANN ..................... ...................' ' Bugding Inspector ,,17 -.%c,~-M-E: 4-0: I Southold, N.Y. 11971 (516) 765-1938 February 27, 1986 Patricia C. Moore Legal Assistant Edson and Bruer Attorneys at Law Main Road Southold, NY 11971 Re: Site Plan for Wissmann ~/~~,~t.~: ~. Dear Mrs. Moore: We are in receipt of your correspondence of February 26, and submission for the above mentioned proposal. However, pursuant to Section 100-134 of the Town Code, the site plan mustbe prepared by a civil engineer, surveyor, land planner, or architect; and the Board can not accept any plan done in pencil. Therefore, we ask thatyou re-submit the site plans in accordance with the above and with all pertinent site plan elements. Upon receipt of the surveys, as well as, the Environmental Assessment Form, we can schedule this proposal on the next available agenda. If you have any questions, please don't hesitate to contact our office. ~cc: Board of Appeals Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary February 26 , 1986 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Wissman, Robert and Charlotte Premises: Gull Pond La., Greenport, N.Y. Dear Sirs: This office represents Robert and Charlotte Wissman who wish to apply to the Planning Board for site plan approval, pursuant to Appeal Nos. 1954 and 2006, paragraph ~3 (copies attached hereto). We submit herewith copies of site plan (sheet 2 of 3 and 3 of 3) as well as survey dated 12/9/80, made by Roderick Van Tuyl, P.C. We have, on behalf of Mr. and Mrs. Wissman, simultaneously submitted an appeal to the Southold Town Zoning Board for that board's determin- ation of the conditions placed on this property. Please place this matter on your calendar, at the earliest convenient date, for the board's review. Thank you in advance for your consideration. Sincerely, Patricia C. Moore ~c_ Legal Assistant PCM/df Encs. February 26 , 1986 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Wissman, Robert and Charlotte Premises: Gull Pond La., Greenport, N.Y. Dear Mr. Goehringer: By this letter, Appellants, Robert and Charlotte Wissman, wish to seek relief from conditions placed on Appellants' property by prior Appeal No. 2006 (attached hereto). The facts have substantially changed since February 27, 1975, when conditions were placed on Appellants' property, to wit: 1. The Suffolk County Health Department has approved the installation and use of cesspool facilities on the property in question. Therefore, the Suffolk County Health Department has reversed their previous opinion on the development of this property by approving the installation of the sanitary facilities. 2. In addition to sanitary facilities, Town water facilities are available for Appellants' p~q~oaed resi~ence..as is Shown on survey dated December 9, 1980, by Roderick Van Tuyl, P.C. (attached hereto). 3. The New York State Department of EnvironmeDtal ConservaLion has authorized the construction of a bulkhead on Appellants' property. 'Upon issuance of__bulkhead permit #TWI5275-D154PW, %he D.E.C. determined that the bulkhead would "not substantiai~y change the scope of the permitted actions or the existing permit conditions." Therefore, the D.E.C.concluded that this lot can maintain improvements without substantially affecting the environment. 4. Upon inspection of Appellants' property, the zoning Board of Appeals will find the property in question substantially similar the surrounding lots fronting Gull Pond, Fordham Canal and Dawn Lagoon. to G. P. Goehringer -2- February 26, 1986 5. The Town has permitted the construction of a residence on a lot adjacent to Appellants' property, therefore finding that the lots created by Appeal Nos. 1954 and 2006 can sustain residential development. 6. Finally, Appellants have requested an engineer's foundation report to assure both themselves and the Town that their lot will support the proposed structure. Sincerely, Patricia C. Moore Legal Assistant PCM/df Encs. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE 2/.~,/8 6 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Robert and Charlotte ~, (We) ..~iasman ............................................... of ...1O,4...C.o~o~,rs.e..F, as.k ............................. Name of Appellant Street and Number .~,~',~:9..h.,t;..w...a..t...e.~..s. ............................................................... .N..:.~.: ................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FRO/~ THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR ~b~Y~vG~ ,B.,U..I,.L...D..I..~...G....P...E....R~...Z...T. DATED ..... .1..1./..2..5.,./..8...5. .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO (~ ( ) (X) RO.B E!RT...WIS S/4A~ ............................................... Name of Applicant for permit of 1 .g.{ ...C.9/~.q Q.~ 1; ~.~... ~ ~.~. ~.,... B.r.i.c~la .t,.~ ~.~ ~.~., ... B.,.K., ...................................... Street and Number Municipality State PERMIT TO ~3fX CONSTRUCT PERMIT FOR OCCUPANCY RELIEF from Appeal No. 2006 1. LOCATION OF THE PROPERTY 715 Gull Pond La. "A"-Res./Agri. Street Use District on Zoning Mop ~.a..~...~e...'....~ g..o..q,~.~ 3...5. z.~.~Z(... ~,..~. ...................... 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.) ~/A 3. TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due ta lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 X ) RELIEF from Appeal NO. 2006 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) A request for a determination by the ZBA of conditions on Appellants' ~ro~perty by Appeal #2006. is requested'for the reason A restriction was placed on this property by Appeal #2006, vents Appellants from building a residence without prior the ZBA. - SEE ATTACHED LETTER - placed which pre- approval of Fo,~n ZB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because - SEE ATTACHED LETTER - 2. The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinity of this property and in this use district because - SEE ATTACHED LETTER - 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because - SEE ATTACHED LETTER - STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this 26th day of ~X February Rudolph H. Bruer, Attorney for Appellants 86 '-'Notary Public ' I~IARY DIANA ~-OSTER ~OTARY PUBLIC. State of New Yof¢ No. 52-4655242, Suffolk County ~mmi~sion ~pi~es March 3O,i l~ ~ '/ February 26 , 1986 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Wissman, Robert and Charlotte Premises: Gull Pond La., Greenport, N.Y. Dear Mr. Goehringer: By this letter, Appellants, Robert and Charlotte Wissman, wish to seek relief from conditions placed on Appellants' property by prior Appeal No. 2006 (attached hereto). The facts have substantially changed since February 27, 1975, when conditions were placed on Appellants' property, to wit: 1. The Suffolk County Health Department has approved the installation and use of cesspool facilities on the property in question. Therefore, the Suffolk County Health Department has reversed their previous opinion on the development of this property by approving the installation of the sanitary facilities. 2. In addition to sanitary facilities, Town water facilities are available for Appellants' proposed residence as is shown on survey dated December 9, 1980, by Roderick Van Tuyl, P.C. (attached hereto). 3. The New York State Department of Environmental Conservation has authorized the construction of a bulkhead on Appellants' property. Upon issuance .of bulkhead permit #TWI5275-0154PW, the D.E.C. determined that the bulkhead would "not substantially change the scope of the permitted actions or the existing permit conditions." Therefore, the D.E.C.concluded that this lot can maintain improvements without substantially affecting the environment. 4. Upon inspection of Appellants' property, the Zoning Board of Appeals will find the property in question substantially similar to the surrounding lots fronting Gull Pond, Fordham Canal and Dawn Lagoon. G. P. Goehringer -2- February 26, 1986 5. The Town has permitted the construction of a residence on a lot adjacent to Appellants' property, therefore finding that the lots created by Appeal Nos. 1954 and 2006 can sustain residential development. 6. Finally, Appellants have requested an engineer's foundation report to assure both themselves and the Town that their lot will support the proposed structure. Sincerely, Patricia C. Moore Legal Assistant PCM/df Encs. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of REVERT & C~IARLO~'~ WISSMAN to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY 0WNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petitio.9'fl~ B?ard of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit)[(other) [¢±rcle cho±ee] Relief from Appeal #2006 %~,/ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 715 Gull Pc~d Laner Green~ortr N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Be sidential/Agr icultura 1 4. That by such Petition, the undersigned will request the following relief: Determination by the Zoning Board of Ap~_als of restriction place on Appellants' prOperty by 'Appeal 82006 $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article N/A Section 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, Southoid, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Febrl~ary 26t 1986 . RUDOLPH H. BRUER Attorney for Petitioner Post Office Address Main Road. P.O. Box 1466 Southold. N,Y, 11971 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Helmut SPitzenberger 4 Beau Jol Court Nesconset, N.Y. 11767 Sara Rauch & Elaine Nesin R.D. %1, P.O. Box 194 G:eenDort, N.Y. 11944 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: Mary Diana FoSb~r' ' '" ,r~tflngat~(NO~) M:~Tdm'c,% Lane, ~_nport, NY 11944 ~ "~ , b~ing duly'sworn; deposes a~nd says that on the 26th day of Febz~,ary ,19 86 , deponent mailed a true COlby of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses ~t opposite their respective names; that the addre~,es set opposite the names of said .pe~ons are the addresses of said persons as shown on the current assessment roll of-the .Town of Sou{hold; that said Notices were mailed at the United States Post Of- fice at Sout~lgld ' ' · ' ~ : that said Notices were mailed to each of said persons by (cert fled) (eqliilmle~ m~al. Sworn to before me this 26th day of February. ,19 86 l~otary Public 2/26/86 (Today's Date) To: Re: Southo!d Town Board of Appeals Main Road So,tho!d, NY 11971 Appeal Application of Robert & Charlotte Wissman Location of Property: 715 Gull Pond Lane, Greenport~ NY 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 S~e Environmental Conservation Lat.;, please be advised that the subjecn property i~ the within appeal application: (please check one box) May be located '~ ' ' ~ ' wz~h~n 300 feet of tidal wetlands; however, constructed along the water-lying edge of this properny is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 'located within 300 = ~ of tidal wetlands; however, constructed along the water-lying edge of this properuy is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] [ ] May be located within 300 feet of tidal wetlands; ho~vever, ccnstrucned along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is nc bulkhead or .... con~__~e wall existing 'on the premises. -[ ] Is not located within 300 feet of tidal wetlands to the best of my kno%~ledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.C. D.E.C.] Sincerely yours, NOTE: If proposed project falls wit~kin D~E.C. jurisdiction, approval must be received an.d submitted to our office before your application can be. scheduled for a public hearing. 0 0 .SHORT ENVIRON-MENT.~L ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not exoected that additional studles~ research or other investigations will be undertaken,' (b) If any question has been answered Yes the project may be significant and a ccmpleted Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no__~t significant. (d) Enviror.~ental Assessment 1. Will project result in a large physical cbmnge to the project site or physically alter more than lO'acres of land? .......... Yes 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 impac~ on grou_ndw~ter quality? , , o , , , . , , o 5, Will project significantly effect drainage flow 6, Will project affect any threatened or endangered plant or animal species? . . . , , , · · · Yes%/ No 7. Will project result in a major adverse effect on air quality? · o · · · , · · · · · Yes No 8. Will project have a ~mJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? * · * Yes No 9. Will project adversely impact any site or struc~- ur· of historic, pre-historic, or paleontological importance any designated as a critical environmental area by a local agency? · . · . Yes ----~' No 10. Will project have a major effect on existing or future recreational opportunitiss~ · · . Yes..o 11. Will project result in major traffic problems or systems? · · · · · · · · · · · · Yes No 12. Will project regularly cause objectionable odorst noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes~/ No 13. Will project have any impact on public health or . / l&. Will project Affect the existing community by directly causing a growth in oermanent popula- tion of more than 5 percent o~er a one-year period o__r have a major negative effect on the character of the com. munity cr neighborhood? ~ . 15. Is there pUblic--~n~cv~.~y/concerning~ - the project? Yes ~' No REPRESENTI?;G: Yes ,,/No Yes ~/Nc Yes ~No age 5 of 12 LIST OF ACTIONS TAKEN BETWEEN JANUARY 1971 and SEPTEMBER 5, 1979 INVOLVING AREA AND/OR WIDTH VARIANCES (ALSO REFERRED TO AS VARIANCES FOR "CHANGE OF LOT LINES" or "REARRANGING LOT LANES") : Appeal Date No. Granted Applicant(s) property Location 1942 9/12/74 SLATTERY, ARTHUR W. Landing Road, Northwest Loop, Lot 273, Nass. Point Properties, Cutchogue 1948 10/3'./74 SAWICKI , JOSEPH S/s North Road, Southold 1949 10/17/74 VERMAELEN, ESTATE OF MARIE W/s Bay Avenue, Mattituck (}!as received a type of P.B. approval) 1950 9/12/74 SLEDJESKI, STANLEY South end of Sunset Dr, Matt. 1951 9/12/74 1952 9/12/74 DONAHUE, ESTATE OF CLEMENT B. ROSENBERG, HERBERT & RUTH Tuckers La & Middle Rd, Sthld. Town Harbor La. & Terry La, Sthld. ~~4~~ '~,~ ' . E/s Gull Pond La, GrnPt. (STORAGF~. -"*~ ...... .£t~-~i~_~.~_r , ~BUILDINGS ONLY PERMITTED. NO RESID. 1959 10/17/74 W/s Bayshore Road, Peconic Bay i Estates Lots 132-136 inclus., Grnp% _~ 1967 11/14/74 I W/s Peconic La., Peconic HAI~, ARTHUR W. JR. DAY, LOUISE O. by Walter G. Kapp, Esq. 1978 12/5/74 CHEREPOWICH, JOSEPH & Wf. Main Road & Shipyard La, E.5! ~ 1984 12/19/74 BOUTON SERVICES INC. Crescent Avenue, Fishers Island 1987 1/9/75 GALGANO, ANDREW & OTHERS R-O-W off Northeast Westphali~ Road, Mattituck ~ 1985 4/9/75 1993 1/9/75 DOLL, EDNA Browns Hills Estate, Orient CORWIN, WILFRED & ANNA Sound Ave, Factory Ave. & Walnui~ Place, Mattituck ~ 1994 1/9/75 LEMLEY, ANNE C. S/s Bay Avenue, East Marion 2000 2/27/75 CARLSON, CLAUDE N/s North Bayview Rd, Sthld. 1997 4/24/75 PNILIPP, BARBARA A. E/s Reservoir Road, F.I. - ANY NEW CONSTRUCTION REQUIRES ADD'L BOARD OF. APPEALS ACTION. 2001 2/27/75 2008 2/27/75 20i4 ~ ?~ 5/1/75 2015 2016 2(~50 ADAMS, IOLA BURRELL, GEORGE N/S CR27, Cutchogue R-O-W at North side of Manhanset Ave, Greenport HERMAN, WILLIAM N/s Soundview Ave, Sld. Lot No. 5 of "Goldin", Map 1106. ~ ' ZAMPHIROFF, ATHANAS E/s Cedar Ave, Southold ~ ~: (LOTS CONTAIN MORE THAN 40,000 EACH.) 4/2~'~5~ STROHMEYER, LORAINE E/s Youngs Road, Orient. 4/10/75 CHASE, STANLEY A. Private Road off S/s Park Ave, blat 6/12/75 FAULKNER, WILLIAM J. N/s Winthrop Drive, Fishers Islan 179 10/28 1. That the drainage areas be rectangular rather than trapezoidal. 2. Vail Drive be continuous to North Sea Drive to eliminate confusion in a name change on the road to the Sound. 3. That the turnaround be on the west end of North Sea Drive at the continuation of a future extension than at the Sound bank. 4. It has been noted by Mr. John Wickham, Chairman of the Planning Board that they will require that the waterfront lots along the Sound have a building setback line of 100 feet from the top of the bank. Vote of the Board: Ayes: Wickham, Raynor, Coyle, Grebe and Moisa. The following letter was directed to be sent to Mr. Robert, Gillispie, Chairman of the Board of Appeals regarding ~rody. "In regard to the letter from the Board of Appeal's secretary dated October 4, 1974 in regard to Reg Hudson, Brody and others, the Planning Board does not look favorably on any development of this property. We have discussed this with the Suffolk County Board of Health and they feel that since this is fill pumped in over very heavy bog, there is no possibility of getting good water or any sewage disposal and even boat storage buildings would presumably have to have some' sanitary facilities. Also,Aboat storage buildings should only be in a "C" District.,, The secretary was directed to write a letter to the Board of Appeals informing them that Crown Land Lane is not an approved subdivision. This is in reference to a variance given to Mr. Edson for use of a barn as an art studio predicated on the fact that this was an approved subdivision as stated by Mr. Edson. The following communication was received from the Town of Riverhead Planaing Board dated October 21, 1974. Gentlemen: The enclosed resolution was duly adopted by the Town of Riverhead Planning Board at a regular meeting held on October 9, 1974, and you will note that the last paragraph is for your consideration. /s/ Jane A. McBride, Clerk JOiIN WlCKHAM. Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr, FREDERICK E. GORDON JAMES WALL Southold, N,Y, 11971 COPY TELEPHONE 765-1938 A regular meeting of the Southold Town Planning Board was held on Monday, ~~.~at the Town Hall, Main Road, Southold, New York at~r-~nt were: John Wickham, Chairman Henry E. Raynor, Jr., Vice-Chairman Frank S. Coyle, Member Frederick Eo Gordon, Member Arthur & Millicent Gossner, League of Women Voters Franklin Bear, North Fork Environmental Council Douglas Love, L. I. Traveler-Watchman Peter Campbell, The Suffolk Times Absent: James Wall ~Sarah Rauch. Jack Sherwood appeared as agent for Mrs.;Rauch. The other property owners are Mrs° Germansky, Mrs. Brody and Frank Bisk. This was a referral from the Board of Appeals for site plan approval by the Planning Board. ~£~.~v~\ On motion made by Mr. Gordon, seconded by Mr. Coyle, it was .//~ RESOLVEp to a~nrm~ the site plan of Sarah Rauch dated October 19, 1978 ~ub~ect ~_.o. h9 aoolieant ~llJn~ in the Suffolk Co~mtv Cle ~~~°~erty~ill not be used asa residenc~ Vote of the Board: Ayes: Wickham, Raynor, Coyle, Gordon A motion was made by Mr. Coyle, seconded by Mr. Gordon and carried to approve the minutes of the meeting of October 10, 1978. Mr. Robert Beazley of Ecological Analysts, Inc. had made a ~ presentation to the Planning.Board on October 23, 1978 which Mr. Wickham and Mr. Raynor attended. The company is geared up to larger projects. It is a resource that is available in case the town does get a large project. Janu~l'~y 16, 1979 Mr. Jack Sherwood 236 Sixth Avenue Greenport, New York 11944 Dear Mr. Sherwood: The following action was taken by the Southold Town Planning Board at a regular meeting held January 9, 1979. RESOLVED to approve the site plan for Sarah Rauch dated October 19, 1978. I enclose photocopy of signed plan. Yours truly, Muriel Brush, Secretary Southold To~n Planning Board. Enclosure ON DECLARATION made thi day of November, 1978, by FR/kNK BISK, residing at 2940 ,~.~.ott Avenue, Far Rockaway, New York; VIOLET GER}4ANSKY, residing at 1 Beechwood Drive, Lawrence, New York; CLAIRE BRODY, residing at 271-07 J Grand Central Parkwayf Floral Park, New York; and SARAII RAUCH, residing at 1223 Cornaga , Avenue, Far Rockaway, New York, hereinafter called the "Owner"; ~IfEREAS, the C~ner has title to certhin lands situate,' lying and being at East ~.larion, in the Town of Southold, County of : Suffolk and. State of New York, said lands hereinafter being more mrticularly described; and WltEREAS, it is the Owners' intention that the aforesaid land be improved by a storage building; NOI~, THEREFORE, the following described lands shall be restricted as hereinafter set forth: ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEC, INNING 777.82 feet southerly from the North Road measured along the easterly line of Gull Pond Lane; thence North 66 degrees 1 minute 20 seconds East, 170 feet, more or less, to the westerly side of a dredged canal; thence southeasterly 140 feet, more or less to land of Rutkowski; thence South 66 degrees 1 minute 20 seconds West, 165 feet, more or less, to the easterly line of Gull Pond Lane; thence North 68 degrees 19 minutes O0 seconds West 140 feet to the point or place of BEGINNING. the DECLARANT does hereby warrant, covenant, and represent aforesaid described lands will not be used for rcsidcn- tim purposes; DECLARANT does hereby further warrant, covenant and represent that the foregoing restrictions and agreements shall bind the undersigned, his heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of any of the lots shown on said aforesaid premises in said minor subdivision by transfer or otherwise. IN WITNESS WHEREOF, hands and seals to be affixed this 3/~day of November, the Declarants have caused their 1978. ' STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss.: On the~day of November, 1978, before me personally came FRANK BISK, VIOLET GERMANSKY, CLAIRE BRODY and SARAH RAUCH, to me known and known to me to be the individuals described in and who individually executed the foregoing instrument and acknowledged to me that each executed the same. / ~ Nd~z'y P-ublic ~,~/. October 31, 1978 Jack Sherwood Sixth Avenue Ol~enpo~t,' New York 119~ Dear Mr. Sher~od, The followin~ actionwas taken by th® Southold Town lrlanninE Board at a reEular meeting held October 30, 1978. RESOLVED to approve the site plan of Sarah Rauch dated October 19, 1978 subject to the applicant filing in the Suffolk County Clerk's Office covenants that this property will not be used as a residence. Please remit the $25 fee as required by the Code of the Town of Southold. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Southold Town Board of Appeals -19- May 1, 1975 that this is for non-commercial use only. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded 'by Mr.. Bergen, it was ,RESOLVED Harold Stetler, 27 Mindres Avenue, Brentwood, New York be GRAN--~-~t~e approval only to use property for dockage and mooring privileges for small boats as an accessory use on property located on the E/S Gull Pond Lane (southerly.lot), Greenport, New York, Subject to the following conditions. ' 1. That the accessory building to be erected shall be no larger than 24' x 24'. It shall be no closer than 25 feet to any lot.tine and at least - 25 feet from mean high water, and at least 50 feet from Gull Pond Lane. 2. No personal property may be stored anywhere on the premises except in the storage building. Dockage and mooring facilities shall be limited to the accommodation of not more than two non- commercial pleasure boats which shall be no larger than 42 feet in length. This application shall be subject to all applicable Federal, State, County, and Local laws and regu- lations. This application shall be subject to Site Plan approval of the Southold Town Planning Board. PUBLIC HEARING: Appeal No. 2033 - 9:10 P.M. (E.D.S.T.) upon application of Jonathan Visel, 14755 Soundview Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for per- mission to construct front yard fence over four (4) feet in height. Location of property: north side of Soundview Avenue, Southold, New York, bounded on the north by O. Lindermayer; east by J. Bitses; south by Soundview Avenue; west by Private Road-Hyatt Road. Fee paid $ 15. January 16, 1979 [.i~[th Avenue C3_~nporZ, Mew York i1944 ~. She~,;ood: · ~.~e following action was taken by the Southold Town =!~ning Board at a regular meeting held January 9, 1979. i~ESOL~ZED to approve the site plan for Sarah Rauch October 19, 1978. enclose photocooy of si~ed p!~. Xo~s t~!y, Muriel Brush, Secretary Southold To%~n Planning Board '"Enclosure AT' ~% November 7, 1974 Mr. Robert Gillispie, Chairman Southold Town Board of Appeals Town Clerk's Office Southold, New York 11971 Re: Brody Dear Mr. Gillispie: In regard to the letter from the secretary of the Board of Appeals dated October 4, 197~ re the above- captioned matter, the Planning Board does not look favorably on any development of this property. We have discussed this with the Board of Health and they feel that since this is fill pumped in over very heavy bog, there is no possibility of getting good water or any sewage disposal and even boat storaSe buildings would pres,~m~bly have to have so~e sanitary facilities. Also, boat storage buildings (commercial) should only be in a "C" District. Yours truly, OW/mb John Wickham, Chairman Southold Town Planning Board ¢ APPEAL BOARD MEMBEES Robert W. GJllispie, Jr., Ch4rm~n Robert Bersen Charles GriflonJs, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board o£ Appeals SOUTHOLD, L. I., N.Y. 11971 Telephone 765-~660 October 4, 1974 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Reginald Hudson a/c Brody & Others Dear Mr. Wickham: At a regular meeting held October 3, 1974 the Southold Town Board of Appeals postponed decision on the above appeal for a variance for permission to construct docks and storage buildings on premises with insufficient width and area, until after its submission to the Planning Board. The property is located on the east side of Gull Pond Lane, Greenport, New York. It is the Board of Appeals opinion that this sub- division can be cut down to four lots which would avoid a major subdivision. If the Planning Board should view this application favorably each of the lots shall be covenanted to prevent residential use for all time. RECEIVFD BY DATE, /~'/~/~ '''/ .?'("~ Yours t~ruly, Secretary THE v' CONF SL,tf-c ~ SUFF, SE R CONS DATE H.S ~ APPP, SU OWNE FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z13071 Date December 18 ................. . ................................ 1984 THIS CERTIFIES that ti~e buHding ..... 0..n.e..f.a..m.i.l.y...d.w.e. 1..1 .i.n.~ .................... LocationofProperty~Os~o6Q Gull Pond Lane Greenport · Str~e~ Harn/e~ County Tax Uap No. ] 000 S=ction ·. · 0,~ ~ ...... Block ......... Q z.~ .... Lot ...... .~.: Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore fred in this office dated · .. M.a.y-· 3-0 ..........."., 19~.~. . pursuant to which Building Permit No. ?..a.3.7. Z. .............. dated .... .d.qr~. 2.q ............... 19.8.4., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ·...Qn~. f/~n~ ~y..d¥~.~Og ...................................................... The certificate is issued to HELMUT SPITZENBERGER ..................... of the aforesaid building. Suffolk County Department of Health Approval ..... 3 2.-.~_0:-.1.3...~ .1./. ~ ~/.8.4. ............... UNDERWRITERS CERTIFICATE NO. Pending . .1 2/] 7/.~ PLUMBERS CERTIFICATION DATED 12/10/84 Rev. 1/81 Building Inspector AX MAP IGNATION 1000 035.00 04.00 ,}007.00! CONSL~.'T YOUI~ LAWYER BEFORS SIGNING THIS INSTRUMENT--THiS INSTRUMTNT SHOULD BE USED BY LAWYERS ONLY. .,9007, 359 29'376 THI~INDENTURE, made the l~th ~y of ~y , nineteen hundred ~d eighty-one BE~ F~K BISK, residing at 2940 Mort Ave., Far Rockaway, ~ew York V~OLET GEeSe, residing at 1 Beechwood Drive, Lawrence, 'New York C~I~ BRODY, residing at 271-07J Grand Central Pk~., Floral Pk., N.Y. SA~ ~UCH, residing at 1223 Corroga Avenue, Far Rockaway; New York ~r~ of the first ~, ~d ~UT SPITZENBERGER and his wife BE~ICE M. SPITZENBERGER, residing at 4 Beau Jol Court, Nesconset, New York 11767 ~RI~ S~CTION DLoc',~ t. 0T 17 ZI party o~ the ~n~ W~I ~ t~t the ~ of the first ~.. in eonside~fio~ of Ten D~lhrs ~nd oiler v~uab? ~d by the ~ of the se~nd ~rt. d~s hereby g~nt ana re.ease unto me ~ny ot me s~na ~n. ~ e n~ or succ~rs and assi~s of the ~rty of the se~nd ~ forever. · ~ t~t ~in ~lot. pi~e or pardi of l~d. situate, ~ying and being at T~ o~ 5ou~ho~d, County of Suffolk and S:a~e of New York, being a of a described pa~ce~ on "~p of Pordham Acres, Section 2", filed in ~he Office of the Clerk of Suffolk County on Apri~ 6, ~965 as Hap No. 4605, said par~ of described parce~ being more particularly ~unded and described as follows: BEGINNING at a point on the northeasterly side of Gull Pond Lane, distan' 491.82 feet southeasterly, as measured along the same, from the corner formed by the intersection of the southeasterly side of Middle (North) Road with the northeasterly side of Gull Pond Lane; RUNNING THENCE North 66 degress 01 minute 20 seconds East 16~ feet more or less to the southerwesterly side of a dredged canal; THENCE along the southwesterly side of said dredged canal, along a tie line only, South 63 degrees 04 minutes 30 seconds East, 143.10 feet; THENCE South 66 degrees 01 minute 20 seconds West 170 feet to the northeasterly side of Gull Pond Lane; THENCE along the northeasterly side of Gull Pond Lane North 61 degrees 29 minutes 10 seconds West 140 feet to the point of the BEGINNING. Grantors herein are the same parties as the grantees in deed dated January 30, 1970, recorded February 3, 1970, in Liber 6~699 of convey- ances a~ p.:a. ge 467. TOGETHER ~ithall right, title and interest, if any, of the party of the first part in and to any stre~s and roads abutting the above described premises to the center lines thereof; TOGETHER wi~h the appurtenances and all the estate and rights of the party of the first part in and to mid premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns ot the party o{ the second part forever. AND the party of the first part covenants that the party of thc'first part has not done or suffered anything wbemby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party the first part will receive the consideration for this conveyance and ~vill hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first:to the paynYent of the cost of the improvement before..u~ing any part of the total of the same for any otl~ purpgse. '- The Ve°ra';'part~'~' 'sh~.ll be construed aa if it read "parties" whenever the sense of this indenture so requires. IN wrrNE,q$ WHERF_.OF, th~ party of the first part has duly executed this deed the day and year firs~ above written. CLAIRE BRODY _ ,. vzo: R F C 0 R D F., D FRANK BISK ARTHUR J. FELICE !Clerk O( .S,ffelk Co,n~ / 14 ZONE 'ZONE B ZONE A? ZONE C "' ZONE B )~ ZONE ZONE~ A7 (EL9) (EL 1 O) NATIONAL ~ FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE'RATE MAP TOWN OF SOUTHOLD, NEW YORK SUFFOLK COUNTY PANEL~F 120 (SEE MAP INDEX ~R PANELS NOT PRINTED COMMUNITY-PANEL NUMBER 360813/0058 D MAP REVISED: APRIL 17,1985 Federal Emergency Management Agency/ \ \ /- ,.% S. Ht~'£ T