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3477
Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3477 Application Dated February 28, ]986 TO: Anthony B. Tohill, P.C. as Attorney for MR. AND MRS. P.O. Box 744 Riverhead, NY 11901 WILLIAM HEINS [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber ]0, ]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 [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Sulk Schedule Request for Appeal of 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 along the north side of Main Road, Orient, NY; County Tax Map Parcels No.~ 1000-19-2-5 and 6. WHEREAS, public hearings were held on April 3, 1986, May 22, 1986, August 14, 1986, and September ll, 1986,. at which time the hearing was officially concluded; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has Carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and familiar with the premises in question, its present zoning, and the surrounding areas; and are WHEREAS, the board made the following findings of fact: 1. By this application, appellants request Variances from Article III, Section 100-31, Bulk Schedule of the Zoning Code which requires: (a) a minimum lot area of 80,000 sq. ft., (b) a minimum lot width [frontage] of 175 feet, and (c) a minimum lot depth of 250 feet. 2. The property in question contains a total area of 48,839 sq. ft., total lot width (frontage) of 242.10 feet, and average lot depth of 220.07 feet. Ihe subject premises (CONTINUED ON PAGES TWO AND THREE) DATED: October 12, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3477 Matter of WILLIAM AND KATHERINE HEINS Decision Rendered October 10, 1986 is improved with the following structures: (1) 1½-story framed, single-family dwelling, (2) nonconforming frame cottage, (2) accessory shed, (4) accessory garage, all as shown by survey map prepared July 2, 1986 by Roderick Van Tuyl, P.C. The premises was conveyed to Katherine Heirs by deeds: (a) at Liber 5129 cp 89 dated January 31, 1962 by W.C. Duvall, and (b) at Liber 5487 cp 487 dated 3, 1964 by W.C. Duvall. 3. Appellants request area variances of two proposed parcels in this pending division of land as follows: (a) the westerly portion of 27,742 sq. ft. in area,.133.99 feet along the Main Road and 146.53 feet along the Old Main Road, and 193.62 feet in depth, retaining the two existing residential dwelling structures and accessory storage buildings; (b) the easterly portion of 21,097 sq. ft. in area, lot width of 108.11 feet and average lot depth of 242.11 feet. It appears that the nonconforming status of the existing dwellings will not be upgraded by this application, and a third dwelling structure is anticipated. 4. On October ll, 1983, under Appeal No. 3144, appel- lants were denied area variances in a proposed division of this property for the reasons stated therein; and on November 1983, the Suffolk County Department of Planning disapproved same after review in accordance with the requirements of the Suffolk County Charter. To date, there has been no change concerning these actions. 5. On October 16, 1984, the Suffolk County Department of Health issued approval of construction after application by the appellant(s) for the proposed new dwelling under #14-S0-208. 6. On March 22, 1985, a building permit was issued by the Town Building Department after application by the appellant(s) for a new single-family residence under #13778Z, on a parcel of an area of 18~984 sq. ft. as shown by the building-permit application and survey prepared October 12, 1984 by Roderick VanTuyl, P.C. 7. On N~vember 29, 1985, Long Creek Homes was engaged by the applicants, who advanced to him a check of $11,983.00. 8. By early December 1985, the lot had been cleared and a portion of the footings installed. There has been no other construction to this date. 9. On or before December 24, 1985, Building Permit #13778Z was properly revoked by the Building Department. 10. On February 28, 1986, this application for a variance was filed in complete form with the Southold Town Clerk for processing by the Board of Appeals. ll. It is further noted for the record that to date no subdivision or set-off approvals have been rendered by the Southold Town Planning Board, concerning this pending division of land. 12. In viewing the character of the area, the board finds Page 3 Appeal No. 3477 Matter of WILLIAM AND KATHERINE HEINS Decision Rendered October 10, 1986 a majority of the parcels in the area contain an area of 40,500 sq. ft. or more: (a) to the north, a 3.3-acre parcel, (b) to the east, a 1.6-acre parcel, (c) directly south along the south side of the Main Road, an 18.2-acre parcel, (d) .west of the westerly side of the Old Main Road, a 1.9-acre parcel; (e) two lots east, a 40,500± sq. ft. parcel, and a 44,000± sq. ft. parcel. 13. The percentage of the lot area required in the zoning code by this application is: (a) 73% for the proposed easterly parcel, (b) 65% for the proposed westerly parcel. In considering this application, the board also finds and determines that: (a) the relief requested is substantial in relation to the requirements, (b) that the difficulties claimed are not sufficient to warrant a granting of the relief requested, (c) the character of the immediate area would be adversely affected by the granting of the variance, (d) the variance will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town, (e) in view of the manner in which the difficulties arose, the interests of justice will best be served by denying the variances applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, in the Matter BE AND HEREBY that the relief requested under Appeal No. 3477 of the Application of WILLIAM AND KATHERINE HEINS IS DENIED. Vote of the Board: Douglass and Sawicki. absent due to illness.) Ayes: Messrs. Goehringer, Grigonis, (Member Doyen of Fishers Island was This resolution was duly adopted. lk GERARD P. GOEHR'INGER, C~[IRMAN October 12, 1986 t~ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK To_____~wn Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Town Law and the Code of the public hearings will be held APPEALS at the Southold Town a Regular Meeting commencing AUGUST 14, 1986 and pursuant to Section 267 of the Town of Southold, the following by the SOUTHOLD TOWN BOARD OF Hall, Main Road~ Southold, NY at at.7:30 p.m. on THURSDAY, as follows: 7:35 p.m. Appeal No. 3536 - GEORGE AND PAT BROWN. Variance to the Zoning Ordinance, Article III, Section lOOz31, Bulk Schedule, for permission to construct deck addition to dwelling with reduction of existing nonconforming sideyard setback, at 150 Br~iarwood Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-136-1-3. 7:40 p.m. Appeal No. 3477 - WILLIAMTAND KATHERINE HEINS. Variance to the Zonin-g Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this propos-ed division or set-off of land lo~ated along-the north side of Main Road, Orie'nt~ NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 7:50 p.m. Appeal No. 3520 - THOMAS SHALVEY. Variance to the Zoning Ordinance, Article III, Section 100-$1, Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this proposed division or set-off of land l~ocated along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000-116-2-15 and 16. 7:55 p.m. Appeal No. 3532 , ARTHUR AND BERNADETTE BURNS. Variance to the Zoning Ordinance, Artiq]e~III~ SectiOn6olO@-30(C ~ndilQOf32, for permission to in the frontyard area, at 3525 extending off the end of Ruth Parcel No. 1000-105-1-4. construct accessory tennis court Private Road #13 (right-of-way Road), Mattituck; County Tax Map 8:05 p.m. Appeal No. 3433 - GAIL DESSIMOZ and MICHAEL RACZ. Variance for approval of access, New York Town Law, Section 280-a, over private right-of-way known as Hallock Lane and referred to as Private Road #10, extending off the north side of Sound Avenue, Mattituck, New York,(over and along land.s of Charles Simmons and Edward Harbes). County Tax Map Parcels No. 1000-112-1-7 & 8, and to Parcel No. 1000-112-1-4. Page 2 Notice of Hearings August 14, 1986 Re§ular Meeting Southold Town Board of Appeals 8:10 p.m. Appeal No. 3530 RAYMOND T. GOODWIN. Variances to the Zoning Ordinance: (l) Article III, Section lO0-31, Bulk Schedule, for permission to construct kitchen addition with ar insufficient westerly sideyard setback and insufficient total sideyards; (2) Article XI, Section 100-119.2(B) for permission to construct kitchen and deck additions with an insufficient setback from the highwater ~ark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article III, Section lO0-3i, Bulk Schedule, for permission to locate s~ngte-family dwelling structure withi.n 75 feet of ordinary highwater mark along Orient Harbor. location of Property: West Side of Bay Avenue, Orient, NY; County Tax Map P-arcel No. 1000-26-1-8. 8:20 p.m. Appeal No. 3~39 MICHAEL HERBERT. Special Excep- tion to the Zoning Ordinance, Anticle III, Section 100-30(B)[16] for permission to establish "Bed and Breakfast use, "an owner- occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms~ Location of Property: 795 Pike Street, Mattituck~ NY; County Tax Map Parcel No. 1000- 140-2-23. Zoning District: "A" Residential and Agricultural. 8:25 p.m. Appeal No. 3442 - JOHN J. NEWMAN. Variance to the Zoning Ordinance, Article XI, Section 100-t19.2(B) for permission to construct additions to dwelling within 75 feet of high water and'existing bulkhead along James Creek, at 430 Sailors Needle Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No. 3535 - NORTH FORK FRIENDS OF KENYON TUTHILL. Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use premises for a special fund-raising event ~n conjunction with fireworks display, at premises of W.F. and T.A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). Page ~ - Notice of Hearings August 14, 1986 Regular Meeting Southold Town Board of Appeals 8:40 p.m. Appeal No. 3478 BECKY JOHNSTON. Variances for: (l) Building Inspector to issue building permit allowing existing structure to be weatherized, prior to final 280-a access approval, and (2) approval of access in accordance with New York Town Law, Section 280-a, over private right-of-way extending from the northerly end of Bridge Lane Extension and Oregon Road, over lands of Bokina,<~dentified on the Suffolk County Tax Maps as 1000-73-2-4, to premises of Johnston, ~- identified on the Suffolk County Tax Maps as 1000-73-2-1. 9:00 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ. Variance to the Zoning Ordinance, Article XI~ Section 100-119.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; 1000-49-01-25.1. Zone District: "M-Light Mul- tiple" Residence. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: July 17, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday, July 31, 1986 and forward two affidavits of publication on or before August 5th to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following 7/28/86: Personal Delivery: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. By Mail: M'r. Richard O. Kunst, 1745 Harbor Lane, Cutchogue for GEORGE AND PAT BROWN Mr. and Mrs. George Brown, 150 Briarwood Lane, CutchoQue, NY 11935 Anthony B. Tohill, 'Esq. aS 'Attorney Mr. and Mrs.~ William Heins Mr. and Mrs~ Arthur Burns' for Mr~ and Mrs. William Heins, Main Road, Orient, NY 11957 Mr~ and Mrs. AF~hur Burns, 3525 Private Road #13, Mattituck, NY 11952 Mr. J. Douglas Peix, 208 Fifth A~enue, New Yo~k, NY 10010 for RACZ Gall D6ssimoz 6n~ Michael Racz, 208 Fifth Avenue, New York, NY lOOlO Charles Matthews, Esq., Box 800, Hun$ington, NY 11743 Abigail A. Wickham, Esq. as Attorney for Mr. and Mrs. Raymond T. Goodwin Mr. and Mrs. John Bredem~yer Mr. and Mrs. John J. Newman Michael J. Hall, Esq. as Attorney for Becky Johnston Stephen R. Angel, Esq. as Attorne~ for Stephen Shilowitz Lawrence Storm, Esq. as Attorney' for R. Strong and others Mr. and Mrs. Robert Strong, Woodmere address 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, MAY 22, 1986 and as follows: 7:35 p.m, Appeal No. 3399 - JOSEPH AND ANN PACELLI. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, depth and width of three parcels referred to as Lots #1, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot #1 located along the south side of North Bayview Road, and Lots #9 and #10 located along the east}:side of Summer Lane; County Tax Map District 1000, Section 78, Block 9, Lots 1 and 16. 7:40 p.m. Appeal No. 3492 - JOYCE TESE. Variance to the Zoning Ordinance, Article III, Section 100-32C, for permission to locate accessory three-car garage in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block lO, Lot 5. 7:45 p.m. Appeal No. 3498 - GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to constr'uct addition and establish same for religious, library use, at 1345 Indian Neck Lane (a/k/a 50 Spring Lane), Peconic, Ny; County Tax Map District 1000, Section 85, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate new single-family dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenport, NY; Map of Greenport Driving Park, Lot #369; County Tax Map District 1000, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal No. 3500 - NORMAN REICH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drives East Marion, NY; County Tax Map District 1000, Section 22, Block 2, Lot 41. Page 2 Notice of Hearings .Southold Town Board of Appeals Regular Meeting of May 22, 1986 8:00 p.m. Appeal No. 3483 - PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District lO00, Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3065 - JOHN M. KERBS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of three parcels in this proposed four-lot minor subdivision located along the south side of Middle Road (C.R. 48), Southold, NY~ County Tax Map District 1000, Section 55, Block 3, Lot 3. 8:15 p.m. Appeal No. 3418 - GRETCHEN HEIGL (Recessed from April 3~ 1986). 8:20 p.m. Appeal No. 3493 - WELLS PONTIAC-CADILLAC. Variances to the Zoning Ordinance, Article VI: (a) Section lO0-60(C)[2](a) for permission to erect ground sign exceeding maximum 6'6" height requirement, and exceeding height requirement of 15'6" from ground to upper edge of sign; and (b) Section 100-60(C)[2](b)[4] for permission to place wall sign with projection of more than one foot, at 42155 Main Road (a/k/a 20 Peconic Lane), Peconic, N¥~ County Tax Map District l'O00, Section 75, Block l, Lot 14. 8:25 p.m. Appeal No. 349! - DONALD J. GRIM. Special Exception of the Zoning Ordinance, Article IX, Section 100-90 for permission to construct storage building and establish outside stockpiling of material uses in this "C-l" Heavy Industrial Zoning District. Location of Property: Lot #2, (Pending) Minor Subdivision #450 of L.B. Glover, south side of Oregon Roads Cutchogue; County Tax Map District 1000, Section 83~ Block 3, Part of Lot 4.4, containing 4.59 acres. ~ //x~ 8:30 p.m. Appeal Noo 3477 - KATHERINE AND _WILLIA~ HE INS. Variance to the Zoning Ordinance, Article III, Section 100-31, B Schedule for approval of insufficient area, width and depth of two ~ parcels in this proposed division located along the north side of~ L ~ain Road, Orient, NY~ County Tax MaP Parcels No. 1000-19-2-5 a 8:45 p.m. Appeal No. 3501 - NORTH FORK WELDING/SCHOENSTEI .~f~~-~ ~ Variances to the Zoning Ordinance, Articles: (a) XI, Section Page 3 Notice of Hearings Southold Town Board ofiAppeals Regular Meeting of May 22, 1986 lO0-119.2(B) for p.ermission to locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission ~o expand nonconforming use of welding business in this "B-Light" Business Zoning District located along the south side of Main Road, (S.R. 25), Greenport, NY; County Tax Map ?arcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, ~74, ~econlc Bay Estates Map #658, and Map #1124 as Amended. 8:50 p.m. Appeal No. 3471 NICHOLAS TSIRKAS (Recessed from May 1, 1986). 8:55 p~m. Appeal No. 3497 - MARJORIE D. PETRAS. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition in excess of maximum-permitted 20% lot coverage requirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m. Appeal No. 3507 - NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for permission to locate within 100' of bluff Drive, Greenport, NY~ County Tax Map Parcel swimmingpool with deck and fence enclosure area along Long Island Sound, at 2200 Sound Lot #118, Map of Eastern Shores, Section 4; No. 1000-33-1-16. 9:10 p.m. Appeal No. 3458 - NORTH ROAD ASSOCIATES. Variance to the Zoning Ordinance, Article III, Section 100-31 For Article XIII, Section 100-t36(E)] for ~pproYal of three parcels having insufficient area, and proposed Parcel #3 having insufficient depth, located o~ private right-of-way off the north side of Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000- 018-4-1 (1.1). The Board of Appeals will hear at said time and place all persons or representatives desiring t:o be heard in each of the above hearings. Written comments may also hearing in question. For (alt. 1802). be submitted prior to the conclusion of the more information, please call 765-1809 Dated: April 16, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thun~day, May 15, t986 and forward two affidavits of publication on or before May 19th to: Board of Appeals, Main Road, Southold, NY 11971. lk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code o~ the Town of Southold, the following public hearings will be held in addition to those previously advertised by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall~ Main Road, Southold, NY at a Regular Meeting on THURSDAY~ MAY 22, 1986: .r OF EGYPT XI, Section seafood 62140 Main 8:10 p.m. Appeal No. 3506 ARMANDO J. CAPPA/PORT ENTERPRISES. Variance to the Zoning Ordinance, Article lO0-119.2(B) for permission to locate attached deck and holding tanks within 75' of high water and bulkheads at Road, Southold, NY; County Tax Map Parcel'No. 1000-56-6-2; Lewis Homes Co., Inc.. Filed'Map #535, Lots 1-9 inclusive. 8:50 p.m. Appeal No. 3509 HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback, and (b) XI, Section 100-119.2(B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead, at 250 Blue Marlin Drive, Greenport~ NY; Southold Shores Map #3853, Lot #3; County Tax Map Parcel No. 1000-56-07-21. Dated: April 16, 1986. GERARD P. GOEHRINGER, CHAIRMAN (516) 765-1809 ATTENTION NEWSPAPERS: Please publish Thursday~ [qa~ 15th two affidavits of publication on or before lqay 19th to: Appeals, Main Road, Southold~ NY; (516) 765-1809. and forward Board of 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: 7:35 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. ilO00-79-05-23.1 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)[14] 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, Section 100-121 to seek relief from conditions placed by prior Appeal 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 lot 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 install/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. 8:15 p.m. Appeal No. 3472 - MICHAEL HERBERT for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish "Bed and Breakfast"-type use, or "an owner-occupied building, other than a hotel, 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: 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 Proper~y 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--~Ar--~icl~ III,~ec---~io-~--- for approval of insufficient area, width 100-31, Bulk Schedule <q, and depth of two parcels in this proposed division located along ',, 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 3, 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 lO0-30A) for permission to locate private, fenced-in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent 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 No. 3471 - NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A)[1] for permission to construct single-family dwelling with an insufficient setback from edgeiof bank~:along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision Map 4586, 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 GERARD P. GOEHRINGER, CHAIRMAN lk INSTRUCTIONS FOR NEWSPAPERS: Please publish Thursday, March 27, 1986 and forward two affidavits of publication on or before April 1st to: Board of Appeals~ Main Road, Southold, NY 11971. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated '..~-['x~...~w..~.~.bs~.....a.j. ........ 19 ..... County Tax Map No. 1000 Section .... .~..I. ~. ' ~. Block ..... qD..~ ..... Lot ...b~. ?..~. ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~ '.c/.~....~7...~.'..~. ].~.~ 7 .~ O .x¢.. ..... ~. ~4~ .... ~.. t .~... 2~ 1... ~. ! .07~.,...~ .~.~ ~. Bu±ldincj Inspector RV 1/80 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL EOUTHOLD, N.Y. 11971 TEL.: 755-1802 Approved ~ ~..:27. ,a:.., 1 9 .~ ?. Permit No. l .~-..~. Disapproved a/c ..................................... (Building Inspector) APPLICATION FO8 BUtLDING PER~iT Received .... ;~., ~..f~9.. · Date .................. , 19... INSTRUCTIONS a. Ttds application must be completely fiUed in by Wpewriter or in ink and submitted to the Building Inspector, with 3 sets 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 or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. ~- - ~ c. The work covered by this 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 s~hall 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 shall have been granted by the Building Inspectdr. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constraction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all app!icable laws, ordinances, building code, housing code, and regulations, and to admit author/zed inspectors on premises and in building for necessa~ inspectio~.~ns. ~ ..... /.' .c<'.~..~:G .-¢.~.- .,-?.~..~.'.. ( ~. ~..~7.~./ .............. (Signature of applicant, or name, if a corporation) .... : .zgZ. . .' ..... (Mailing address of applicam) ~,~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. blame of owner of premises . .. / ....... ~¢-z</~. ........................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plmnber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will he done ................... . ............................... .... ...... ... ..... ................ ? ............ House Number Street Hamlet County Tax Map No. 1000 Section .... .~..\ ..4~ ....... Block O ~ Lot.. ©Ok_o Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and oc~cupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...... b, intended use and occup' -v ............................... m~,~;~,~ ~.~:.~r~ ......... 3. Natu/e of work (Check which applK ..lb): New Building ~ Additk /.. . Alteration ' .Rephir . i ......... '.4. RernovaI .............. Demolition .............. Other Work ............... ~i~" ~ ~'~~ ~ ''~ .1~ (Description) 4. Es~ated Cost . . .: ............................. ...... t. ............................. Fee ~ ~" (to be paid on filing this application) 5. If dwelling, numl~e'r of dwe11~ng units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial, or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dflnensions of existed'structures, if any: Front ............... Rear .............. De~th ............... Height ............... Number of Stories ......................................................... Dimensions of same structure with alterations or adrJifions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ Size of lot: Front Rear ...................... Depth ...................... Date of Purchase ............................. Name of Former Owner ............................. Zone or use district in which premises are situated ..................................................... Does proposed construction violate any zoningmw,' ordinance' or regulatmn' ' : . ............................. ~.. Will lot be regraded ...... ~. ........ ~ ............ Will excess fill be remo,~ed from premises: .~ .. fibS_ No Name of Owner of premises-.~('~'~7~.~.4.~.~.;.~. Address .9. f/~ .~'~ ./c?'%.~..-'~-~-fl?hone No. dj Name of ArchF. ect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ 10. 11. 12. 13. 14. PLOT DIAGI?TkM Locate clearly and distinctly all bu~!dings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or descnptmn accormng to deed, and snow stree~ names and indicate whether interior or corner llot. 3TATE OF NEW,,i..x/;..YORK, ~ S . S 7OUNTY OF ........ /.~. ~' .~...~?.Z.~../.A?'.~...-_ ,.~ a ~ f~. -~./..'~. ~'~- ............. being duly sworn, deposes and says that he is the applicant (Name of ~nd~v~dua! s~gnmg contract/ ~bove named. -~e is the ......................................................................................... (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized to perform or have perforated the said work and to make and file this ~pplicat~on; that all statements contained in this application are true to the best of his knowledge and belief; mud that the ,york will be performed ~n the manner set forth/n the applhcation filed therewith. ;worn to before me th~s / / :day 19 '4otary Public;., ..... ~./.z~...~..(.~.~.~., ............ County ~- . (Sfgn~ture of applic~t) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .../..~l..~...?..~..~.~.', ...... TO TH E ZONING BOARD OF API~EALS, TOWN OF SOUTHOLD, N. Y. ........ ............ of ....... .................................... Name of Appellcm, t Street and Number ........ .Q~...~,./.....~.....?.. ............................. .I.)...¢1...~:...~. .......................... ,.~...:~..:..;~.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO...J.....~...-?...-~.,..~......~.. ....... DATED ............ ,.~:'..J.~..~..'~.. ....... i ........ :,..] ...... WHEREBY THE BUILDING INSPECTOR DENIED TO of PF~RM, IT TO USE PERMIT FOR OCCUPANCY ( ) ( ) Name .of Applicant for permit .... ........ - .ul ' Street and Number .......... ~;'i'~i~;~ii~ .................... ~t;' 't''' ................ 1. LOCATION OF THE PROPERTY ..... ..r~...,~.!.~....,..~..?..~..b ...................... ~..:.....-~...o....~,...~.~'.. .............. Street Use District on Zoning Map ...... ..~....I.~ .................. ..O.....~. ........... .~..~..~....Ct .................. Current 0~ner ~'N~---~)~' j,j~/)gJ~ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ha,~s) (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 (X,~ request for a variance and was made in Appeal No ..... .~J...~..~! .............. Dated ......~..~....~..~...~.....~..~...~ ............................... ( ) (X) ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form (Continue on other side) REASON FOR APPEAL Continued sary.HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the. spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~i"J~' '~'~ ~,~ ¢&~? ~'~¢,~-- ~*, g'~ STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this ............... : ........... day of...,.~: ............. ~ ................................... 19 Notary Public FORMER OWNER VILLAGE W SUB. LOT ACR. TYPE OF BUILDING / ,/ 7 RES, -~/0 SE-AS, VL FARM COMM. CB. MISC. LAND t IMP, TOTAL DATE Mkt. Value 0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Value Per Value ~ Acre FRONTAGE ON WATER FARM Acre Tillable I Tillable Tillable 3 Woodland Swampland Brushland House Plot T 1 Totol FRONTAGE ON ROAD DEPTH ,&~. BULKHF. AD DOCK M. Bldg. Extension Extension Extension Porch Porch ~arage~ Patio O.B. 4) c>~ 9~ COLOR TRIM Foundalion Basement Ext, Walb /Fire Place /Type Roof Recreation Dormer Driveway Bath Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd LR. DR. OWNER FORMER OWNER RES. _ AGE SEAS. NEW NORMAL ' FARM Acre Tillable 1 TOW~ OF SOFTWOOD P~OP~fi~TY STREET VILLAGE FARM CAMM, CB. MISC. Mist, Value IMP. TOTAl_ DATE ~RKS BUILDING CONDITION BELOW ABOVE Value Per Acre Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot Total DEPTH BULKHEAD DOCK LOT I0wM' NO. et TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PER~IT (THIS PERMIT MUST BE KEPT ON THE PREMISES COMPLETION OF THE WORK AUTHORIZED) N~ 13778 Z Date ......,~ ........................... Permission is hereby granted to: ,, ..................... ~ted at ....~....~.....~....~.....~.. ...... ...~.L.~.....~.: ........ ~.,...~..:~...*. ......... County Tax Mop NOi 1000 Section ....... ..O..!...CJ ........ Block .......(~.....'~... ....... Lot No .......C~.....O,...~. pursuant to application dated ....... ....~.~ ....... ).) ................. , 19..~..,~., and approved by the Building Inspector. ~...~~......~. .... Building Inspector Rev. 6/30/80 .m SUP~t~ (COUNTY) COUST, SUFFOLK lndsx Ho. Dote Purchased FULL TITLE OF ACTIO~ KATHERINE HEINS HEINS, & WILLIAM Plaintiff(s) Petitioner(s) - sgsinmt - GERARD P. GOEHRINGER, et al. constituting the ZBA of the Town of Southold IMfendant (s) IMspondent (e) COUNTY XAS Entry Date .N~m~ of Assigned Jedgs Date o£Aoalgfl~ont Ioouo Joined (date ..) (chock if I~pliclbla) . -- Bill of particulars served (chock IE aF~licld)la) HATUP~ OF JUDICIAL lJrrEJqt~TIC~ (c)~ck) F~iMOt for prelLuinu7 conference note o! issue sad/or .rttft~ete of ..tM.o ~tce of ~tton (retu~ ~ ) { to ~ ~let~ ~ clerk O~eF ex ~e applAcatAon ) J~lief io~ght ) ~otor vehicle _. H~dical o4' dentel malpractice (specify which ) Airline -. Other tort, including bGt not limited to personsl injury, propurty domga, sleadar or (specify) ~FHSRACTIC~ Tau c~rtiorari condamation Foreclosure .' Incompetency O~ coneervatoreh&p Other 8~ial ~rocood/ng, including ht not ILuLted to Article ?S (a~bitration), Article 77 (o~roue truste), Article 78 certiorari (.peol~y) The C~ty o( 14er Yo~k Se · Pazty to thJl ·ctiofl, The Tronoit Authority (or I~AOS~A) ie · Forty to thJl ~ection, ;.TTOP~E¥(S) f'o~ p~i~iFF(S)/PETITIOHER(S~. Addreoe ANTHONY B. TOHILL, P.C. 12 First Street PO Box 1330 ; Riverhead,.New York ?~;£Y(S) FOR D£F~DA~T(SJ/RF. SI:~NDDIT(S~ Addzeee. 516-727'8383 11901 ,Jm$ OF IIISURANC£ CARRI£~S (if a~plicable ~nd available) CASES (~r none, vrite "~O~Z" bolo~) Index ! Court. Nature of r~letion0hiF I AFFII*~t U~DER pDIALTY OF I~EI~URY THAT, ~ ~ ~, ~ ~ M ~ ~' :L,~ A~ ~ I~ ~ ~0 ~ A~IOHg OR p~IN~, NOR ~ A ~ ~R ~IC~ .~%~I~ P~I~SLY B~ FI~ IN ~lS ~I~ OR ~R~E~ZNG. · :~: November 7, 1986 ~~ (S~ ANTHONY B. TOHILL ]pRIHTORTY~EIJAI~) Petitioner ATTOrnEY FOR 12 First Street, MX)P,,Ui (~rint or Typo) Riverhead, ~New York 516-727-8383 P.O. Box 1330 11901 :ach rider sheets ii ncceeeary to provide regulred inro~ation. any party il opp*er/n9 pro i_~e (vithout on ·tierney), the r~qutred lnfotlatioe ~cerntng ouch party lo to be entered tr ~ opece provided for ·ttorMym. MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET. GREENPORT. NEW YORK 11944 January 12, 1988 James Schondebare, Town Southold Town Hall Main Road Southold, N. Y. 11971 Attorney Re: Heins v. Zoning Board Dear Mr. Schondebare: I represent William and Catherine lleins in their appli- cation fox an area vaxiance in order to subdivide their parcel located on the Main Road, Orient, N. Y. Until the time of his departure as acting Town Attoxney, I had been negotiating with Frank Yakoboski and his associate Frank Islet with zespect to the matter. I wonld like to provide the following as an up- date and hope that we wiJl be mbie to amicably resolve the matter. My clients have an outstanding appeal pending in the Appellate Division, Second Department, with respect to the Town Zosing Board's denial of their application for an area variance to subdivide their property in Orient, N. Y. which decision was upheld in the Supreme Court. The application to the Zoning Board to subdivide was made after the Building Department had issued and thereafter revoked a Building Permit. The revocation occuried almost 10 months after its issuance a~d after constzuction had commenced on the property. In fact, my clients had destioyed a fruit orchard and ~ardo,, bad excavated the g~ound, and have begun .laying the foundation when, on December 24, 1985 the Building Department revoked the Building Permit and issued a stop work order. Needless to say, thousands of dollars had already been expended when the permit was revoked causing my client irreparable harm. My clients have persisted in their efforts to achieve reversal of these actions. Most importantly, they have the support of over 500 Southold residents in their efforts. Clearly it is imperative that the Town reconsider the un- fortunate sequence of events in this saga. My clients have been residents of Southold for over 20 year's. They have con- tributed financially and moxally to the community. As owners of The Candy Man in Orient, N. Y. they have provided innumerable hours of joy and happiness to young and old alike. The Town has rendered an unjust decision on the lteJns' My clients' reason for subdividing their land is to enable them to construct a one-story dwelling for their own use inas- much as they are no longer able to handle the work involved in their current homestead. If the Town does not g~ant Lhe application Lo subdivide, the Heins' may be forced to leave the community to which they have contribnted fox many yeaxs. In the ~ntexests of eqnity, I petition you, as Town Attorney, to reconsider the Bein's application. I forwarded to your predecessor a petition subscribed to by more than 500 residents in support of the lleins application. In addition, I brought to his attention a similar application to subdivide brought by Bertha Okula for the subdivision of her property in Orient io the immediate vicinity of the [leins property, ller application was granted. What justification is there fox the Board to grant one application while denying another. A recent New York Court of Appeals decision (Knight v. Amalkin 68 N.Y. 2nd 975, 510 N.Y.S.2nd 550 (1986)) held that a Zoning Board of Appeals must either follow its prior precedent or explain why it is reaching a different determination given essentially the same facts as a prior application. The Zoning Board has not distinguished the result in the Okula application from the result in the Heins application. As a result of Knight, such determinations wiJ[ be arbitxary a~d capi~cJous nn[ess n Board can show that its determination adheres to its own prJo~ pre- cedent or the Board sets foxth "its xeasons fox reaching a different ~esult". The Board has not decided the aforesaid issues consistently, nor has Jt set forth its reasoning for a different result. This is but one example of an inconsistent decision by tile Zoning Board. How many othexs can be found, given the time and resources? Notwithstanding the Zoning Boald decision, the Buildiug Department by its own action knowingly and voluntarily issued a Bailding Permit for what Jt betieved to be a buildable lot. le reliance thereon, my clients proceeded with construction. The municipality should riot, 10 months later, be able to c-on- ceal its error by shifting the burden to the applicant/owner. The Building Permit should either be reinstated oI the Zerling Board of Appeals decision reversed. I u~ge your prompt attention to this matter. I look for- ward to meeting with you to discuss the options available. Thank you fo~ your cooperation. Very truly yo.~ s, ,$~ A:R I E ONGIONI Mo/jb cc: Francis J. Murphy, Town Supervisor Gera~d Gohringe~, Chair', Zoning Board Valerie Scopaz, Town PJanuer F~ELD ~CTION COMMENTS FOUNDATION (1st) FOUNDATION 2. (2nd) ROUGH FRAME & PLUMBING INSULATION PER N. Y. STATE ENERGY ODE FINAL ADDITIONAL COMMENTS: /5' PLEASE NOTE It is the applicant's re,*~on~!blllty to maintsln adequate sar,! .;'~; ~tstance between all water supply and sewag.e disp/0sal facilities. SUFFOLK HEALTH DEP'I APPt:?OVAL H S NO STATEMENT OF N'FENT THE WATER SUPPLY AND SEWAGE DISPOSAL. SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF' THE j SHFFOLt</~O [)/PT OF H~ALFlq bEF~VICES 'S I Nr~ E~ Cl~/~V~l LY DWELLING L- _ . Q~LY SUEFOLK COUNTY DEPr OF HEALFH SERVICES F Olt APPROvAl OF ...... -~ ~ ........ "OW~ERSADDRESS DEED TESTHOLE CAVATI()N I PE(R'ION REQUIR£D SEA LICENSED LAND SURVEYORS GREENPORT NEW ' SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI (516) February 2, 1987 Francis J. Murphy, Supervisor Main Road, State Road 25 Southold, New York 11971 Re: Town of Southold v. Heins Dear Supervisor Murphy: I enclose herewith statement for services rendered in the matter of Katherine Heins and William Heins v. The Zoning Board of Appeals, which Article 78 p~oceeding has just been ruled upon by Judge Doyle in a decision dated January 20, 1987, a copy of which is enclosed. A copy of the decision and of our statement of services rendered has been forwarded to the Chairman of the Board of Appeals and the Town Attorney. FJY:knm enc uly yours, MEMORANDUM SUPREME COURT, SUFFOLK COUNTY In the Matter of the Application of, KATHERINE HEINS and WILLIAM HEINS, Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, VS. GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS and JOSEPH M. SAWICKI, constituting the Zon.ing Board of Appeals of the Town of Southold, etc., Respondents. SPECIAL TERM PART II BY DOYLE, J. S. C. DATED January 20 , 1987 INDEX NO. 86-21779 CDISPSJ ANTHONY B. TOHILL, P.C. Attorney for Petitioners 12 First Street P.O. Box 1330 Riverhead, ]~ew York 11901 SMITH, FINKELSTEIN, LUNDBERG & YAKABOSKI, ESQS. Attys. for Respondents P.O. Box 389 Riverhead, N.Y. 11901 In this Article 78 proceeding petitioners seeks to reverse and annul a determination of respondent, Zoning Board of Appeals of the Town of Southold, which denied area variances to petitioners. The petition is dismissed. Petitioner, Katherine Heins, is the owner of land situated on the north side of the Main Road at Orient Point in the Town of Southold, New York. The property is approximately 48,800 square feet and is improved with a one and a half story frame house, a garage, a shed and a cottage. The property is located in the A-Residential/Agricultural zoning district which requires minimum lots of 80,000 square feet, with frontage of 175 feet and a depth of 250 feet. Petitioners' property was purchased as two separate parcels. One was purchased in 1962 and the second parcel was purchased in 1964. Petitioners, for the first time in any proceeding contends that these parcels are two separate parcels because two separate Suffolk County Tax Map designations are maintained for them. Respondent asserts there was a ~,erger of the property in 1964 upon the purchase of the second parcel. .. 'p~GE~ HEINS V. GOEHRINGER NDEX NO. 86-21779 The Court concludes that merger did occur by operation of §100-31 of the Zoning Ordinance of the Town of Southold which exempts lots held "in single and separate ownership" prior to 1971 from the new one acre area requirement. Since petitioners parcels were puzchased in 1962 and 1964, merger occurred in 1964. Nevertheless, on March 22, 1985 petitioners were issued a building permit by the Town of Southold'a building department to construct a single family residence on a portion of the property consisting of 18,894 square feet with & lot frontage of 88.11 feet. Apparently the building permit was issued on the building inspector's mistaken belief that the property consisted of two separate parcels. After receiving the building permit petitioners assert they expended approximately $15,000 clearing the land and having a foundation excavated. On December 24, 1985 respondent revoked the building permit finding that the lot area on which the new residence was being constructed was insufficient. On February 28, 1986, petitioners ~.ade an application to respondent Zoning Board of Appeals for area and lot line variances. .On October ~2, 1986, after having previously held a public hearing, respondent denied petitioners' variance requests finding that a ~ajority of the parcels in the area are ~uch larger than petitioners' parcel; the relief requested is substantial in relation to the requirements; the difficulties claimed are not sufficient to warrant a granting of the requested relief; the character of the area would be adversely affected, as would the safety, health, welfare, ccmfort, convenience and order of the Town. Petitioners contend this determination is arbitrary, capricious, illegal and against the weight of the evidence. In reviewing a decision of a board of zoning appeals, the court presumes that the decision of the board was correct. Fslvo v. ~ernes, 222 A.D.2d 289, 225 N.Y.S.2d 747. To obtain judicial relief it is necessary for petitioners to overcome this presumption. See, Revorg Realty Co. v. Welsh, 225 A.D. 774, 232 N.Y.S. 141. The Court will not substitute its judgment for that of the board of zoning appeals in the absence of an abuse of the board's discretion. Greigurg v. Board of Appeals, 57 N.Y.2d 865, 450 N.Y.$.2d 39. A use of land established under an illegal permit does not gain for the landowner a right of non-conforming use. Conger v. Mongin, 87 A.D.2d 932, 450 N.Y.$.2d 81. ~owever, where a large sum of money has been invested in good faith under an illegal permit, such may be considered when determining whether an applicant has suffered unnecessary hardship. ~ayne Estates, Inc. v. Raynor, 28 A.D.2d 720, 281 N.Y.S.2d 644, eff'd 22 N.Y.2d 417, 293 N.Y.$.2d 75. HEIN$ V. GOEHRINGER oINDEX NO. $6-21779 Here, petitioners have invested a large sum of money after receiving a building permit. However, petitioners represented to the building department that they owned two subdivided building parcels, a fact that was not so. It also appears that petitioners had app~[ied for identical variances in 1983 which were denied by respondent in 1983. Petitioners, knowing the status of their parcels, as is evident from their 1983 variance application, cannot now contend they started construction in good faith. Thus, in this instance, unnecessary hardship has not been shown. The Court finds respondents' determination to be neither arbitrary nor capricious, illegal or against the weight of the evidence. Accordingly, the petition is dismissed. Submit judgment. J.S.C. SMI?H, FINKELSTEIN, LUNDBEHG, CHIMMINS AND YAKABOSKI ATTORNEYS AND COUHSELOHS AT LAW 456 ORIFFINO AVENUE, CORHER OF LINCOLN STREET November 19, 1986 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Dear Mr. Goehringer: Heins v. ZBA Enclosed please find the Answer to the petition in the above matter. Kindly sign the verification page at the end in the presence of a notary public and return the Answer to me in the self-addressed stamped envelope enclosed. If you have any questions, please do not hesitate to call me. Enclosures FAI:mo Very'l/~ruly yours, FRANK A. ISLER SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of KATHERINE HEINS and WILLIAM HEINS, Petitioners, For a Judgment pursuant to Article 78 of the Civil Practice Law and Rules, -against- GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, and JOSEPH H. SAWICKI, constituting the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, Respondents. INDEX NO. VERIFIED ANSWER Respondents, Southold Town Zoning Board of Appeals, by its attorneys, Smith, Finkelstein, Lundberg, Isler and Yakaboski, answering the petition herein allege: 1. Deny having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "1", "2", "3", "6'~, "7", "20", "30" and "31" of the petition. 2. ~s to paragraph numbered "5" of that a permit was applied for and issued; was invalid and of no force and effect, admitted, deny the allegations thereof. the petition, admit that said permit and except as so "15" , fully Deny the allegations of paragraphs numbered "8", "16" "18" "22" and "23" of the petition, and respect- refer the Court to the documents referred to in each and the Return herein for their full text and legal import. 4. As to paragraph numbered "9" of the petition, admit that the property is located in the "A-Residential/Agricultural" zone, requiring a minimum building lot area of 80,000 square feet and lot width of 175 feet, and except as so admitted, deny the allegations thereof and further state that two separate building lots do not exist at the subject property. 5. As to paragraph numbered "10" of the petition, admit that an application for variances was made and respect- fully refer the Court to it for its full text and legal import, and except as so admitted, deny the allegations thereof. 6. Deny the allegations of paragraph numbered "11" of the petition and state that the application was not complete until February 28, 1986, that the first hearing scheduled in April was adjourned at petitioners' request, and that petitioners expressly waived any time limitation for respond- ents to render a decision. 7. As to paragraph numbered "14" of the petition, admit that the record contains letters and other documents to which the Court is respectfully referred for their full text and legal import. The Court is likewise referred to the minutes of the hearing contained in the Return. Except as so admitted, deny the allegations of paragraph numbered "14" of the petition. 8. As to paragraph numbered "17" of the petition, admit a survey was submitted, and except as so admitted, deny the allegations thereof. 9. Deny the allegations contained in paragraphs numbered "19", "21", "24", "25", "26", "27", "28" and "29" of the petition. AS A FIRST OBJECTION IN POINT OF LAW 10. The petition fails to any facts sufficient to warrant sought. state a cause of action or the granting of the relief AS A SECOND OBJECTION IN POINT OF LAW 11. The need for the variances sought were self-created. AS A THIRD OBJECTION IN POINT OF LAW 12. The Zoning Board lacked the authority to grant the substantial variances sought since, to do so would constitute an amendment to the Zoning Ordinance. 3 WHEREFORE, respondents respectfully request that the petition herein be dismissed in all respects, and for such other and further relief as may be just and proper. Dated: November , 1986 Riverhead, N.Y. TO: ANTHONY B. TOHILL, P.C. Attorney for Petitioners 12 First Street P. O. Box 1330 Riverhead, N.Y. 11901 Yours, etc. SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI Attorneys for Respondents, Southold Town Zoning Board of Appeals 456 Griffing Avenue P. O. Box 389 Riverhead, New York 11901 516-727-4100 STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: GERARD P. GOEHRINGER, being duly sworn, deposes and says: Your deponent is the Chairman of the Southold Town Zoning Board of Appeals in the within action; that deponent has read the foregoing Answer and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters it to be true. deponent believes GERARD P~ GOEtlRING}~ Sworn to before me this ~o~day of November, 1986. Not'~ry Public MARY ANN CYBULSKi NOTARY PUBLIC State of Ne., Residing m Sutloik Count', No 52-5895900 5 DEPARTMENT OF PLANNING i~COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 LEE E. KOPPELMAN November 5, 1986 Application of" William & Katherine Heins" (#3477) Town of Southold (SD-86-27). Dear Mr. Goehringer: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on November 5, 1986, reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. It would only tend to undermine the effectiveness of the zoning ordinance; 2. It would alter the character of the area and establish a precedent for continued undersized lot patterns in the locale; and, 3. There appears to be no demonstrable grounds of practical difficulty or unnecessary hardship at the site. Very truly yours, Lee E. Koppelman Director of Planning Chief Planner GGN:gcc VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK ! 1 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 October 12, 1986 Anthony B. Tohill, P.C. P.O. Box 744 Riverhead, NY ll901 Re: Appeal No. 3477 - WILLIAM AND KATHERINE HEINS (Variances) Dear Mr. Tohill: Transmitted herewith for your record is recent findings and determination rendered by Appeals in the above matter. a copy of the the Board of Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Suffolk County Planning Commission Town Building.Department Town Planning Board Legal -tices 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, AUGUST 14, 19~6 and as follows: · 7:35 p.m. Appeal No. 3536 - GEORGE AND PAT BROWN. Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for permis- sion to construct deck addition to dwelling with reduction of exist- ing nonconforming sideyard set- back, at 150 Briarwood Lane, Cutchogue, NY; County Tax Map 7:50 p.m. Appeal No. 352g THOMAS SHALVEY, Vari- ance to the Zoning Ordinanc~/ Article III, Section 100-31, Bulk Schedule, for approval of insuffi- cient area, width and depth of two parcels in this proposed divi- sion or set-off of land located along the south side of Case Road, Cutchogue, NY; County Tax Map Parcels No. 1000.116-2- 15 and 16. 7:55 p.m. Appeal No. 3532 - ARTHUR AND BER- NADE'I'i'~ BURNS. Variance to the Zoning Ordinance, Article IH, Sections 100.30(C) and 100- 32, for permission to construct accessory tennis court in the frontyard area, at 3525 Private Road #13 (right-of-way extend- ing off the end of Ruth Road), Mattituck; County Tax Map Par- cci No. 1000-105-1-4. 8:05 p.m. Appeal No. 3433 - GAIL DESSIMOZ AND MICHAEL RACZ. Variance for approval of access, New York Parcel No. 1000-136-1-3. Town Law, Section 280-a, over ~'*~ 7:40 p.m. Appeal No. 3477 -'~ private right-of-way known as WILLIAM AND KATHERINE \ Hallock Lane and referred to as HEINS. Variance to the Zoning ] Private Road #10, extending off Ordinance, Article III, Section ! the north side of Sound Avenue, 10fi-31, Bulk Schedule, for ap- [ Mattituck, New York, (over and proval of insufficient area, width ~ along lands of Charles Simmons and depth of two parcels in this [ and -Edward Harbes). County proposed division or sot-off of~ TaxMapParcelsNo. 1000-112-1- land located along the north side ~ 7 & 8, and to Parcel No. 1000. of Main Road, Orient, NY;~ 112-1~ County Tax Map Parcels No.~ 8:10 p.m. Appeal NO. 3530 - 1000-19-2-5 and 6. / · ' ~/' RAYMOND T. GOODWIN. Variances to the Zoning Ordi- nance: (1) Article IH, Section 100-31, Bulk Schedule, for per- "mission to construct kitchen ad- dition with an insufficient wes- terly sideyard setback and insuf- ficient total sideyards; (2) Article XI, Section 100.119.2(B) for per- mission to construct kitchen and deck additions with an insuffi- cient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533 - JOHN AND JEANNE BRE- DEMEYER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate single- family dwelling structure within 75 feet of ordinary highwater mark along Orient Harbor. Loca- tion of Property: West Side of Bay Avenue, Orient, NY; County Tax Map Parcel No. 1000-26-1-8. 8:20 p.m. Appe. al No. 3539 - MICHAEL HERBERT. Special Exception to the Zoning Ordi- nance, Article III, Section 100- 30(B)! 16} for permission to estab- lish "Bed and Breakfast use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: 795 pike Street, Mat- tituck, NY; County Tax Map Par- cel No. 1000-140-2-23. Zoning District: "A" Residential and Ag- ricultural. 8:25 p.m. Appeal No. 3442 - JOHN J. NEWMAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for per- mission to construct addition to ~dwelling within 75 feet of high y;ater and existing bulkhead ong James Creek, at 430 ilors Needle Road, Mattituck, County Tax Map Parcel No. -144-5-29.1 and 30. ~O8:35 p.m. Appeal No. 3535 - RTH FORK FRIENDS OF &~ENYON TUTHILL. Variance uethe Zoning Ordinance, Article , Section 100-30 for permission premises for a special fund- ~ising event in conjunction with ~eworks display, at premises of m~.F. and T.A. LaMorte, 895 ~rth Bayview Road, Southold, ~; County Tax Map Parcels No. -- 00-70-13-20 (20.1 to 20.21, in- ~sive). ~:40 p.m. Appeal No. 3478 - ',CKY JOHNSTON. Vari- ;es for: (1) Building Inspector ~ssue building permit allowing ;isting structure to be weath- , izod, prior to final 280-a access ~fpproval, and (2) approval of ac- mss in accordance with New York Town Law, Section 280-a, over private right-of-way extend- ing from the northerly end of Bridge Lane Extension and Ore- gon Road, over lands of Bokina, identified of the Suffolk County Tax Maps as 1000-73-2-4, to premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1.. 9:00 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ. Vari- ance to the Zoning Ordinance, Article XI, Section I00-119.2(B) for permission to construct con- dominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenpert, NY; 1000-49-01-25.1. Zone District: "M-Light Multi- pie' Residence. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hear- ings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: July 17, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TJy31-5317 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) gB khpv~ np ~c,r~c]~rr'h~k of Groonport, 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 1 weeks successively, commencing on the ~ ~ dayof ~1¥ 19 ~ Principal Clerk PLEASE NOTE It is the applicant's re?~o,~!bility to maintain adequate sar, ~,:'y cistance between all water supply and sewage disposal facilities. .SIN~b SUFEOLK C SER~'ICES : CONSTRUCTI DATE H.S REF NO APPROVED _ SUFFOLK ~IST OWNERS AD[; DEED L ' T E -c-'T HOL · 'EXC~V, AflC~'! ISPECflOlt REQ'Ji L,,..E ,,~E~ LANC SU~V?YORS GREEN~QRT NEW YORK GA~L S. SHAFFER SECRETARY OF STATE STATE Of NEW YOrK DEPARTMENT OF STATE STATE OffiCE BUILDING ROOm 2A-15 VETERANS MEMORIAL HiGhWAY HAUPPAUGE, NY 11788 (516) 360-6579 March 27, 1987 Francis Murphy,Supervisor~F~ ~ Southo~d Town Hall 53095 Main Road Southold, New Yor 119~t Dear Superviso~,~Shy: I am enclosing correspondence received by Governor Cuomo from Mr. william Heins, a longtime resident of the Town of Southold, for your review and consideration. Apparently, there has been an ongoing lack of which has resulted in the unfortunate dilemma Mr. & Mrs. Heins find themselves. communication in which Please advise this office of any information you may have relating to this situation and of any suggestions you may have toward a solution. EAP:ghb Sincerely, Representative Southold Town Board of Appeals MAIN ROAD~ STATE ROAD 2S SOUTHOLD, L.I., N.Y. 119'71 FELEPHONE (516) 765-1809 APPEALS 80ARD MEMBERS G[!RARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERTJ. DOUGLASS JOSEPH H. SAW[CKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X× Variance from the Zoning Code, Articl{~ IZZ, SectionZOO-3Z BuZk ScheduZe Variance from Determination of Souti~old Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3477 Applicant: M~. an~ ~s. WiZZ±am He~s Location of Affected Land:'N/s o£ blai~ }~d., ()~±ent, ~ County Tax Map Item No.: 1000- 19-2-5 an~ 6 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owm~d Land Boundary of Existing or Proposed County, State or Federal i)a,'k or Other Recreation Area Existing or Proposed Right-of ~.~ay of Any Stream or Drdina~je Ch,~nnel --- Owned by the County or for Which The County Has Establish~d Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting aj:ea: width and deptlL_Q32.~t~o~a~els.in--tl~i~-l~uoposed-d~vJ.sJon Copies of Town file and related documents un(,lo~d for your r~virw. SOUTHOLD TOWN BOARD OF APPEALS MATTER OF WILLIAM AND KATHERINE HEINS THURSDAY, SEPTEMBER 11, 1986 PUBLIC HEARING 8:00 p.m. Appeal No. 3533 - Public Hearing commenced in the Matter of WILLIAM AND KATHERING HEINS. Insufficient area, width and depth of two parcels in this proposed set-off di- vision. (Recessed from 8/14/86). The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: This is a recessed appeal from the 8/14 meeting on behalf of William and Katherine Heins. Is there anything he would like to add? Nothing. Then I'll tell you what I did. We met with the Planning Board, I think it was the 29th of August and it was merely a general meeting. I asked them specifically why they suggested their letter and (I don't have the date in front of me) they said they were concerned with possibly future owners trying to divide the house and the cottage parcel in half. And I then said to him, that would never be the case because we would place a restriction that there would be no further subdivision. And so based upon that information, I don't think there was any other objections to the proposal that (the second proposal) you had brought down for us I should say. But we'll deal with it to the best we possibly can. I'm sorry to bring you all the way down here from Calverton. At least it's not rain- ing or anything tonight. MR. HEINS: Thank you very much. CHAIRMAN GOEHRINGER: Thank you. Anybody in the audience like to say anything? No. Hearing no further questions, I'll make a motion closing the hearing until later and reserving the de- cision until later. Ail in favor - aye. (Transcribed from cassette tapes recorded electronically at the meetinb by Linda Kowalski, ZBA Clerk.) Nadia Moore Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 1 1 , 1 986 GERARD P. GOEHRINOER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S .E .Q .R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLAP~ATION Notice of Determination of Non-Significance APPEAL NO.: 3477 PROJECT N~J~E:WILLIAM AND KATHERINE HEINS 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 To~rn of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] 'Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Area/]0t-]ine variance for proposed set-off of parcel. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Side of Main Road, Qrien't, NY. 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) The relief requested is a lot-line/are~ variance regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. (3) The relief requested is not directly related to new construction. FOR FURTHER INFOP~TION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. SOUTHOLD TOWN BOARD OF APPEALS MATTER OF WILLIAM AND KATHERINE HEINS THURSDAY, AUGUST 14, 1986 PUBLIC HEARING 7:40 p.m. Appeal No. 3477 - Public Hearing Commenced in the Matter of WILLIAM AND KATHERING HEINS. Variance for approv- al for insu-ficient area, width and depth of two parcels in this proposed set-off division. (Recessed from May 22, 1986). The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: The next hearing is a recessed hearing. We have William and Katherine Heins. It has been recessed from May 22, 1986 and we'll ask Mr. Tohill if he'd like to ad- dress this Board. MR. TOHILL. Thank you Mr. Chairman and members of the Board. At this time you should have the supplementary survey of their entire plot showing the different division line 20 feet further west from the earlier proposed division lines and also showing the same cottage and the setbacks; side yard setback and rear yard setback for the pre-existing same cottage. It also shows, as you requested, the location of the various fruit trees that are there on the property and I think that's all you asked for in supplement of the original record that was established in May. CHAIRMAN GOEHRINGER: Ok. Could I just ask you a couple of ques- tions on the survey? Maybe you could come up here so I don't have to yell. The existing dot which is a dotted line on the sur- vey is 18 thousand 984 square feet. Is that correct? That's what MR. TOHILL: That is correct. CHAIRMAN GOEHRINGER: Ok. Now you've widened it out in more of a pie. I'm referring to a pie as the dotted line, so it looks like a pie. 21 thousand 097. Now, have you gone any farther than that? MR. TOHILL: You mean to widen it bigger? CHAIRMAN GOEHRINGER: Right. Any farther than that phase? MR. TOHILL: No. I think that that set, the side yard setback to the cottage in the back is going to be the tail that wags the dog on that. That's going to become a problem. CHAIRMAN GOEHRINGER: NOW is that cottage that we're talking about presently used? Is it inhabited? It's rented. MR. TOHILL: Right. It's used on a seasonal basis. CHAIRMAN GOEHRINGER: It is heated? Page 2 August 14, 1986 Public Hearing of William and Katherine Heins Southold Town Board of Appeals MR. TOHILLI It's not heated at all. No. Not now or ever has been. It's a one-room cottage. CHAIRMAN GOEHRINGER: Ok. You see, I had assumed that when I had seen that 27 thousand 742 square feet. I had assumed that you had gone farther with the line to bring it over closer to make the suggestion that the Planning Board had that the lot is somewhat more evenly distributed. MR. TOHILL: I don't know that you're going to be able to do more than what you've got there. The frontage is now 133 on one and 106 on the other. It's possible to draw the line com- ing down past the cottage and then angle it to the west. Again, I'm not sure what anybody is achieving. To be honest with you, my intention as an attorney, if I were ever to convey either of those two parcels, is that I would tie up both sides of whatever line it is probably 20 feet in either direction with effectively scenic easement prohibiting the property owner who buys from Heins (if that should ever occur) touching a single tree other than to replace it or to install another. Because otherwise the level of privacy there is going to suffer. I think on a private negative easement basis by a covenant that runs with the deed and can even be part of the deed, I think that they're going to solve the problem of keeping that space exactly the way it is on their own. Changing the boundary line is another way of doing it. But if that happens, then it will simply widen the scenic easement or negative easement area probably from 20 feet on either side of the line to 40 feet on one side to 20 feet on the other. The intention is to leave it exactly as it is. CHAIRMAN GOEHRINGER: Ok. Let me tell you what my problem is. The problem is that we are having a joint meeting with the Plan- ning Board and you know that they have asked for that particular condition. MR. TOHILL: True. CHAIRMAN GOEHRINGER: Ok. I'm going to try and have a joint meeting with ~e Planning Board around the 27th of the month. If I close the hearing, then I can't make any further recom- mendations concerning this. So I don't know that I should deny this. I think possibly what we should do is recess this until the next regular scheduled meeting just as a formality. MR. TOHILL: Do what you were going to say. You're gun shy. CIIAIRMAN GOEHRINGER: No I'm not gun shy. My point and ques- tion is; what good does it do you if the Planning Board does not go along? Page 3 - August 14, 1986 Public Hearing of William Kathering Heins Southold Town Board of Appeals MR. TOHILL: I agree on that point. What I was going to say is I can waive at the application the time limitation on mak- ing a decision. And candidly, there would be times when I think you would extort that from me in order to give you el- bow room to permit you to make intelligent decisions on other than a vacuum of fact and this is one of those situations. So if you want the waiver, it's there. It's on the record now and I have no problems with that. If they want the line further to the west, it can be moved further to the west. where it starts to become If that area of the property literally, 20 feet to the east of the solid line over to the broken line and then 20 feet to the west to an imaginary .line is not there of the solid line, it's never going to be dis- turbed unless you work within it. CHAIRMAN GOEHRINGER: I understand. MR. TOHILL: I can do and I will do... CHAIRMAN GOEHRINGER: Did you explain that to the Planning Board at all? MR. TOHILL: Could I explain that? CHAIRMAN GOEHRINGER: Did you. MR. TOHILL: No. We were never candidly, we were given an op- portunity to know that they were going to go out and inspect it and they gave us a decision and they gave the right decision. They can't approve this because it's not consistent with the ordinance. But they did give an interesting concluding line. And that is; if you think there's a problem in terms of prac- tical difficulty or hardship here and think that there is, then even up the lines. But I don't know that they meant that literal- ly. I really don't know. It would be six of one and a half a dozen of the other. To even up the lines one one hand or im- pose a scenic easement restriction on the other. CHAIRMAN GOEHRINGER: NO. I've seen the easements written and I can understand and appreciate what you're saying. My ques- tion is that I'm just afraid that I'm making the entire thing steadfast by closing the hearing at this particular point. MR. TOHILL: I would prefer, and I think you would prefer, not to close it. CHAIRMAM GOEHRINGER: That's correct. MR. TOHILL: That's ok with me. Page 4 - August 14, 1986 Public Hearing of William and Katherine Heins Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Ok. MR. TOHILL: I'd rather you did it where you did it where you didn't have to write it into additional calenders on a formal basis because that's a lot of extra work for you and the young lady to your immediate right. If you do it where I waive any obligation to make a decision within the statuary period, then you're not mandated to place it on a formal calendar. Decision would simply follow the course of time. CHAIRMAN GOEHRINGER: No that's true. The only problem with that is though, it does preclude any input from anybody else that may want to place, a surrounding property owner or what- ever the case may be. And that's the Town Attorney's opinion on the issue. And that's where we run into a problem. MR. TOHILL: And as for them, candidly, this is the second time it's on. They should be prudent to further comment. And there- fore the record will be closed except at the option or the in- stance of the Board who than can supplement the record as they wish. So that the Board controls the whole thing. And if I consent to that, that's completely legitimate. It's done all the time. You do it when I'm on that side of the table. CHAI~CAN GOEHRINGER: I think what we're going to do is just recess the hearing on an indefinite... MS. KOWALSKI: It's not really necessary. CHAIRMAIN GOEHRINGER: I know it's not really necessary but I don't want to get yelled out. So on an indefinite basis. What I will say is this; that we will... I know that the Heins want to build on this property assuming that we can arrive at some rather quick decision. As a matter of formality, we will of course let you know. There's a copy of the agenda that we are going to have in the formality part of the hearing concluded at a certain specific date. MR. TOHILL: You wanted to see the text of the negative ease- ment or the scenic easement in conjunction with the Planning Board. Let me know to who, and I will be happy to send it out. CHAIRMAN GOEHRINGER: Right. I had seen them from relatives and where they preclude the property owner from taking down any trees unless of course they, by their own dispose really. They die. That's the only reason why. MR. TOHILL: Removing dead trees could be the only way to re- move, the only other activity that could occur on the land without a supplement. Page 5 - August 14, 1986 Public Hearing of William and Katherine Heins Southold Town Board of Appeals CHAIRMAN GOEHRINGER: And that requires another tree to be placed in its specific spot. Alright. And the reason why I say that is because of the possiblity that they may not give us an opinion that night. They may spend a couple of days thinking about it and there may be a little time in between. I am aware of the fact they want to construct this house. I know that the builders are sitting in the back of the room and I have not avoided his telephone calls. I assure you. It's just that I have not been around that much at night. I have had some special tasks that my family is requiring me to do and I don't get home until 9:30/10:90 at night and it's no time to call anybody back. But I am aware of the fact that they want to construct and they want to do it as quickly as pos- sible. I know that Fall is starting to roll around, before you know it it will be Thanksgiving. And so we will do the best we can to take care of this. MR. TOHILL: Thank you. CHAIrmAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board Members? Hearing no fur- ther questions, I'll make a motion recessing the hearing to an indefinite date subject to a meeting with the Planning Board. Ail in favor - aye. Iran$cribed from tapes recorded electronically (by Linda Kowalski, Board Clerk). ~re - Southold Town Board of Appeals MAIN ROAD- STA'~E ROAD 25 SDUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD August 14, 1986 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E.Q.R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3477 PROJECT NAMe: ~fILLIA3~. A~D L~ATHERINE HEINS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval ~f insufficient area, width and depth of two parcels in this proposed set-off division LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: l~ain Road, Orient, NY 1000-19-2-5 and 6 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new building construction. (3) The relief requested is an area lot line variance, which does not require further processinq under "Type II" Actions of SEQ~A. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowa~sRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. ZBA 5/22/86 Page 17 DONALD GRIM HEARING - Continued CHAIRMAN GOEHRINGER: Is the rear stockpiling area going to be screened at all, from the surrounding farm area. Are you going to plant any bushes around it, a fence up, or anything? DONALD GRIM: We would like bushes. CHAIRMAN GOEHRINGER: You are open on that? Well, you are being so nice, people usually fight us on this. DONALD GRIM: The piece behind me is in contract with a person in excavation. He is going to have some heavy equipment there. I cannot see any reason for putting any bushes between me and him. CHAIRMAN GOEHRINGER: Let's see what develops. Is there anybody who also would like to speak in favor of this application? Against the application? Questions from Board Members? Hearing...wewill see how the Board feels concerning the issue of screening. You will find out in the decision, when we get to it, okay? We thank you for coming in. Hearing no further questions, I make a motion closing the hearing, reserving decision until later. #3477 - At 8:58 p.m. a Public Hearing was held in the matter of KATHERINE HEINS and WILLIAM HEINS for a variance to approve insuf- ficient ~rea, width and depth of 2 parcels. Northside Main Road, Orient. Chairman read legal notice and appeal application for the record in their entirety. A. TOHILL: I am an attorney and I represent Mr. and Mrs. Heins with offices at 12 First Street, Riverhead. The property needs a series of area variances, including lot area, width on a new lot and depth on an old lot. The facts however, are somewhat unique than you are customarily presented with on the run of the mill application. What happened here is that there was a building permit issued on March 22, 1985 for the construction of a single family residence and the building permit was revoked on December 23 1985 and received by the applicants on Christmas Eve, 9 months after its issuance. Nine months after its issuance, but also nine months during and after an expensive fruit tree and orna- mental bush collection on the lot which is the vacant lot of 18,984 sq. ft., had been removed. The trees that had been removed included all fruit bearing trees; including 60 peach trees, 150~ spruce trees,;250 boxwood bushes; 20 booseberry bushes; 6 currant bushes, this sounds like a Christmas song, I know, but I don't intend it that way, I am reading my notes... 1 plum tree; 2 pear trees...fair warning is fair warning.., and 5 grapevine. Additio- nally 5 working beehives were removed from the property. ZBA 5/22/86 Page 18 KATHERINE and WILLIAM HEINS HEARING - Continued A. TOHILL - Continued:...All of these trees were removed and in the process, a source of income an source of sustenance and a source of recreation for the applicants, were removed as well. The excavation had been completed on Christmas Eve 1985 and the footings had been installed by that time and were in the process of being prepared for the foundation blocks that would then be set upon them. The b~round here is is that each of the appli- cants are in the neighborhood of 80 years of age and I won't be more specific at Mrs. Heins' specific request. They resided on the Main Road at their home next door to this vacant lot for the last 24 years. Their present home is well known to many of you. It is a more than century old, 2 story frame structure. It is large and quite old fashioned. The grounds are extensively landscaped and all of the landscape plantings were installed by Mr. and Mrs. Heins. They were a management problem for them, in addition to the house. Mr. Heins in now in failing health and suffers from heart conditbn. He is under continuous medical treatment and care. The bedroom is on the second floor and is reached by a rather narrow, pre-code set of stairs. They are concerned and insecure about their inability in a medical emergency~ to be accessible to emergency personnel. They wish to live out their remaining years wh~e they have been for the last 24 years. Not in a nursing home or in a retirement village. Neither of them is sophisticated about zoning or land planning or area vari- ances than any of us would be reading local newspapers, including extensive material that has been published in the last few years. After observing another house being built on another undersize lot, after an undersized lot splitoff in their neighborhood in late '84, they made inquiry of the Building Department in order to determine whether a building permit could be issued on their property and they were advised that one could be. They obtained SCHD approval and I will hand up to you tonight a duplicate copy of the exact survey to obtain that approval and they paid a builder, Mr. Morizzo the sum of $12,000 as an advance on construction. They sold some o~ the boxwoods; they destroyed many of them and carted away the balan~ of the trees that were on that vacant lot. They then observed with some anticipation the discontinuance of the chores involved in the maintenance of their present residence and they looked for- ward to the construction of a new small, one story residence on the vacant lot as a form of extending a new lease on their lives. ZBA 5/22/86 Page 19 KATHERINE and WILLIAM HEINS HEARING - Continued A. TOHILL - Continued ..... The stop work order was then issued on December 23, 1985 and received by them on Christmas Eve. This was by Mr. Horton, after he determined~on his inspection the propert~ that under the zoning classification there, the property, on May 22, 1985 when the building permit was issued and on December 23, 1985, when the stop work order was issued, had not changed in its zoning classification and had already ~ther always been Residential "A" and obviously therefore re- quired more in the way of land area; more in lot width; and more in the way of lot depth on the Old Main Road side. of Now, with respect to the merits of this application, I will hand up to you now 3 sheets from the SC tax map, which depict the residence, which I have marked and depicts the vacant lot as 2 separate parcels and you can see from reviewing how those three sheets, which are the subject property and everything around them, there is virtually no change to the character of the neighborhood in the usual zoning sense. There are neighbor- hoods to the west of this area, where there is a character to the neighborhood, but as to the particular location of the Heins property at the intersection of Main Roadand Old Main Road, there is no precise or defined character that would be interrupted by reason of the granting of these variances. With respect to the insufficient depth problem, that is the line on Old Main Road. There will be no change in the line. There is no creation of a new line; it is pre-exis~ng and as a matter of argument, I would submit to you there is not even a variance needed with respect to that line. With respect to insufficient width, the lot shown as a separate tax parcel #6, it is 88' in the front. There is ~53' in width to the main residence parcel. By lopping off width from the vacant parcel, I am not sure what it does in the way of gain to the existing parcel, we now end up with 2 non-conforming parcels instead of 1 non-conforming parcel. However, if the Board wanted to pick up on Mr. Orlowski's recommendation, you could start at the northwest boundary of lot #6 and draw a line on a bias out to the Main Road, perhaps 20' west from the existing southwest corner of the 88' parcel and the result would'be that the cottage which is there in the back, but not shown on the most recent Van Tuyl survey, which is ~rt of your package, could be preserved. That cottage is quite old, about 150 years old,once a corn crib; and it was placed on the site many years ago, pursuant to a buildin~ permit. ZBA 5/22/86 Page 20 KATHERINE and WILLIAM HEINS HEARING - Continued A. TOHILL - Continued:...permit, to the extent that it is not shown on the survey, I don't think the Planning Board fully was aware that it is there, but is 5' off the northwest corner of the 88' lot. All the way in the back, as you face the lot to the left. It is 15' west of that on the large parcel with the residence. So if one were to draw a line from that monument back there, which would be the middle monument between the 2 lots, and run on a bias in a southwest direction, so that it ends up on the Main Road 20' east of the existing southwest monument corner of the smaller lot, the result would be it would come up to around 110' in frontage, but doing so, you render the other lot non-conforming. Furthermore, there is a very clear line or buffer or hedging that has been there for many years and that will end up on the wrong lot. I am not sure what the benefit is. From a land use point of view, there is no change at all. You are not creating any further distance between neighbors. The second item is that the only neighbors to the Heins, W. C. Duvall and William Tuthill: have both sent to you~ and you have it in your files, the original letters expressing their support for this application and the lack of any opposition. There are no other neighbors. Furthermore, and I hand up to you this time a letter from the Chief of the Orient Fire Department, which if there is an agency which sould be concerned about housing being too close, expressing their support for the application and the lack of any objection. I will ha~ up a copy of the SC Health Department approval. I have spoken with Mr. Reynolds, the PE with the Health Department as far as water quality, and he ex- pressed to me yesterday again, that the Health Department's position is that there is nothing wrong with the application and they are required as a matter of law to identify the 2 parcels as separate parcels and they would approve the application if it were submitted again. Still another factor would be the expenses that have been in- curred by these people in reliance upon that buildingpermit. First, about $15,000 to the builder in connection with the work done prior to the issuance of the stop work order. They have paid Mr. Van Tuyl $300 for suzxeys incident to the construction and $140 to the SCHD for their approval. They have paid the Building Department $271.80 for the building permit. They have paid me $750 to stand here this evening and talk to you. They have paid filing fees for you and the Planning Board in the sum of $75.00 and they have received notice from Long Creek Homes that if this application were approved, and con- struction were to recommence, the fee would be $5,000 more ZBA 5/22/86 Page 21 KATHERINE and WILLIAM HEIN~ HEARING - Continued A. TOHILL - Continued: .... than quoted in the contract, by reason of the delay, as a result of the revocation of the building permit. In addition, and a number cannot be ascribed to this, they have lost the use, enjoyment and income from the fruit trees, beehives and the plants that had to be destroyed, in reliance with the issuance of the permit. This type of application, this specific application, because the facts are so unique and different, I appeal to your discretion and you have legal authority to respond to that type of appeal. I have in my hand a copy of the Supreme Court of Suffolk County decision of Judge Laser, who all of you know as the single-most articulate member of the bench on matters of zoning, in which he states" .... the traditional resistance to the application of the doctrine of equitable estoppel to zoning cases in this S~ate, has abruptly ceased..." "...The perameters of the newly evolved rule remain obscure, particularly since the limited precedent available are not in accordance with orthodox estoppel dogma .... Translated from the legal gobbldygook in the next four or five pages, what he is trying to say is that a zoning board, in cases of this nature is obliged to consider the following factors: 1. Has the property owner relied upon the Town authority in issuing the building permit? 2. There is to be a balancing of the equities. Is it fair or unfair to leave them where they stand or is there, in the history of man, likely to be some praise for a zoning board for coming up with a fair result. 3. Expenses should be attended to, and at the applicants' age, without an income, other than what they have reserved, those are very substantial expenses. They don't spend too many weekends spending $20,000 in Atlantic City. 4. Change of position. Did the property owner, in reliance upon the municipality, change his position. Pretty clearly they have and if Mr. Goehringer had been forced to read the entire application, you would have heard twice, how they have changed their position. 5. Question of clear detriment to the neighbor. There are two and both of them have signed letters which support the appli- cation and express no opposition to the application. ZBA 5/22/86 Page 22 KATHERINE and WILLIAM HEINS HEARING - Continued A. TOHILL - Continued: .... Those are the 5 factors that I and the Courts ask you to entertain and as a result of entertaining those applications, I believe that you would properly be placed to approve the applications. The function of the zoning board of appeals is to act as an escape valve for the unfairness that occurs between property owners and the building departments, when building departments, in the proper exercise of their duties, have to say no to property ownems, even when the property owners stamp their feet. But that is not the end of the municipal function. The function of this board is to act as the root by which problems that arise are fairly resolved. Based upon the virtually unique facts of this, I am asking you to grant the application and extend the relief sought, in the absence of any precedents. Finally, on behalf of my clients I would like to extend to Mr. Lessard our respect and our compliments and our thanks for his professionalism and courtesy throughout this ordeal. I would like to hand up to you now an original affidavit con- sistipg of eleven pages, together with extensive exhibits, which restate the substance of what I said to you and give you some detail. Both the applicants and builder are here in case you have any questions. Thank you. CHAIRMAN GOEHRINGER: We have 2 or 3 questions. I don't have before me the original building permit indicating the placement of the house on that lot nor do I have a copy of the plans and specs of that house. I feel that we are somewhat that we are missing the issue of this cottage and where it is placed in the wooded areas, etc.. I would like to see that on a survey. You are aware of the fact that if we were to so grant this application, there is no indication that the Planning Board. would grant it and there- fore without looking at the entire picture in toro, it is very difficult to make a determination. A. TOHILL: With respect to the P~nning Board , the function of the Planning Board under Municipal Law is to grant applications for subdivisions if the ordinance says that the application is okay. Their role is different from yours. THey are administrative on the one hand; you are quasi-judicial on the other. They are more similar to the Town Board and you are altogether different and dissimilar from the Town Board. ZB~ 5/22/86 Page 23 KATHERINE and ~ILLIAM HEINS HEARING - Continued A. TOHILL Continued--- The Planning Board, as a matter of law, cannot grant this application. The function of the Planning Beard and the way in which it works, is to permit the right hand to know what the left hand is doing. It is a terrific system, but it shouldn't be misunderstood. If the Planning Board grants this application, it would be wrong as a matter of law. If this Board has the application before it, I will submit to you to deny the application, is also wrong as a matter of law. In other words, you are the only Board, as the escape valve, that can exercise discretion; you are the only Board that does not have blinders on, other than the blinders that would be imposed by a higher Court. The Planning Board has no authority to grant the application; it can't grant the appli- cation and therefore, this Board can never be concerned about waht the Planning Board would say. It has nothing to say about it other to offer a sensible suggestion. Sweep that westerly line on a smaller lot in a westerly direction and thereby establish some parity between the two lots. The on}f problem is that the cot- tage is back there and they did not know that, and of course, the other problem is from a land use point of view, I would respectfully disagree with them, because all we are doing is changing the line in an office of the first floor of the County Clerk's office, and that is about it. Anyone going on the Main Road will never know that the line has been changed. What we will do is create deed reference, some problems now as to who ks going to maintain the pl&nts; whether these people will maintain the plants or whether someone else will. If you felt that you had to do something to balance the situation then if you did move the line, I would ask you to move it on the bias. I will submit to you a survey within two weeks, showing precise location of the cottage relative to the lines .... CHAIRMAN GOEHRINGER: and... ...and the existing fruit ~trees, plantings A. TOHILL: They are all gone... CHAIRMAN GOEHRINGER: ..... NO, no. A. TOHILL: On the large lot. Sure, yes, do you want to see those? We will give you a landscape plan showing as is landscaping for ' at least the first 30' west of the westerly line of Lot #6. Now, on the building permit, there is no doubt that it was issued. The number of it appears in the a£fidavit that I handed up. Mr. Lessard is here and he obviously issued it on the basis of plans and specs. Page 24 ZBA 5/22/86 KATHERINE and WILLIAM HEINS HEARING - Continued CHAIRMAN GOEHRINGER: Would you submit to us the survey that was originally given to us. The plans and specs we can look at any time. I am primarily interested in the footprint area. And I am only referring to the request of the Planning Board in their recommendation here, to the notice of disapproval of December 23, 1985, from Mr. Lessard, who says that it was ap- proved on the following grounds,Article I, Section 106-20. If you don't agree with that, it is all right. A. TOHILL: There is nothing wrong with that, except that it is not the end of the analysis. In some municipalities, we don't go to the Planning Board at all on these applications. Here, we do. It makes snese to do it; it is a great idea. The problem is that after that great idea, how far can you go with it. They can't tell you what to do. CHAIRMAN GOEHRINGER: I understand, I understand. Will you please also give us a choice upon these references that you are making on the bias of what the additional square footage of that area is? Let's see what develops as the hearing goes on. I thank you sir. Is there anybody else who would like to speak in favor of this application? Against the application? MRS. RUIH 0kIYA : Weren't the applicants in for a few years ago for a setoff of this property? CHAIRMAN GOEHRINGER: Mr. Tohill. A. TOHILL: The answer is yes. CHAIRMAN GOEHRINGER: October 12, 1983. A. TOHILL: The question then becomes does that mean anything on May 22, 1986 or March 22, 1985 or December 22, 1985 and the answer is no as a matter of law. And the question is can a Zoning Board change a prior resolution on precisely the same facts? And the answer is yes, subject to the applicant demonstrating a change of circumstances. A change of circumstances can be anything, so long as it is extrinsically induced. In other words, the applicant did not single handedly create the change,. Here the extrinsic induce- ment was fortunately a mistake, error that happened and as a rem lt nine months of activity followed, resulting in footings, which now have legal significance. We have a whole new set of facts and the Board has the application to consider, ZBA 5/22/86 Page 25 KATHERINE HEINS and WILLIAM HEINS HEARING - Continued CHAIRMAN GOEHRINGER: Do you have anything else to say, Mr. Tohill? A. TOHILL: No. CHAIRMAN GOEHRINGER: I am not sure that we can take the infor- mation down as fast as you speak, sir. A. TOHILL: Do you want me to repeat any of it? CHAIRMAN GOEHRINGER: I really should not have let you sit down. The next question comes to be, if we are unhappy with what you have given us, and we are of course, receiving further information from you, then I can't physically see how we can close this hearing at this point. A. TOHILL: That's no problem. If you want, to your motion to reopen it and I will waive which you decide. you can close, subject the time period in CHAIRMAN GOEHRINGER: No, no, that's a little illegal, I think and a problem that I don't really want to get into. A. TOHILL: What is Linda Checking? Gerry, you have a June 19th SEQRA date on this one. What if I stipulate and agree right now on behalf of the applicants, that the application will be deemed submitted subject to the Board's right to reopen the hearing on its own motion at any time prior to determination, based upon the information I will supply. CHAIRMAN GOEHRINGER: I am not sure I can do that. That is a question that we consider to be a gray area. I would rather re- cess the hearing with no date and will do it as soon as we can. A. TOHILL: The only problem is that I remind you of the age of our clients, and that is a problem. The measure of the problem is the question of whether I could hang you up on the time after tonight, in which you have to render a decision, as a matter of law. CHAIRMAN GOEHRINGER: I understand that, but I really don't get into that issue because we run into problems with that with the~ legal opinion that we have gotten and I think we will recess without a date, but we will attempt to put it on either the next or the following meeting in June. ZBA 5/22/86 Page 26 KATHERINE and WILLIAM HEINS HEARING - C9ntinued CHAIRMAN GOEHRINGER: Hearing no further questions, I will recess this hearing until the latter meeting in June. All in favor. #3501~ - At p.m. a Public Hearing wang held in the matter of NORTH WORK WELDING/SCHOENSTEIN for variances for new building within-\75' of tidal wetlands and permission to expand non- conform%ng use of welding business in B Light Zone. Southside Main Roa~, Greenport. Chairman read legal notice and application for the r~cord. MR. WIGGIN:' Thank you. As you just pointed, out this appeal is to do with ~ 4500 sq. ft. building primarily for two reasons. First, to increase the welding shop area and provide inside storage for p~otection of materials. We annotated five set of plans showing ~he breakdown of the present square foot area. CHAIRMAN GOEHR!~GER: Thank you very much. MR. WIGGIN: That~breakdown is as follows: The present shop area is 2290 sq. ft. ~ere will be 1125 sq. ft in the new building and 3000 sq. ft ofkstorage area. In the existing building, there ~s 625 sq. ft of of~,Jce and that will stay the same. The building · s within 75' of the~wetlands area, which is a 4' deep State Highway drainage ditch, which ~ provides a physical barrier between the property and the ~uilding site. The wetlands permit has been issued for the construction with a 10' barrier provided. Also, the on site drainage, t~e roof drainage from the building will be into wet wells. The sec©nd aspect is the non-conforming use that has been provided under a previous appeal back in 1979. Now, when we originally made the applications, we reviewed it with the Town Planning Board and Trustees. The master plan had been amended for Light Industrial, so Jf th~ master plan were adopted, he would be conforming. As you point o~t, this is a continuous business, 1978, it supports the work of Southold Town business and the fishing in- dustry and it is the only one like it in the area. Thank you. CHAIRMAN GOEHRINGER: Is there anyone else wh9 would like to be heard on behalf of this application? Yes sir. I have a couple of questions, Mr. Wiggin. DO y~u have any idea how far the zoning is in depth, in this particular area, the present zoning, I believe it is B-Light. MR. WIGGI~: It is B now. . CHAIRMAN/GOEHRINGER: How deep does~hat go? July 22, 1986 BY HAND Mr. Gerard P. Goehringer, Board of Appeals Town of Southold Main Road-State Road 25 Southold, NY 11971 Chairman RE: Appeal No. 3477 William and Katherine Heins (Variance) Dear Mr. Goehringer: In supplement of the record, enclosed please find five copies of the survey of Van Tuyl dated July 2, 1986, depicting the various fruit trees, frame cottage and division line between the properties as proposed. Very truly yours, Anthony B. Tohill ABT:pk Encls. Van Tuvl & Son Front ~treet Greenport, NY 11944 Re: Katherine and William Heins 34685 Main Road, Orient - Prior Survey on February 4, 1986 Gentlemen: The Zoning Board of Appeals would like a survey supplementing the above-captioned survey in the following respects: a. Please depict the cottage including setbacks to the rear and easterly side line which is situate on the 29855 square foot parcel. b. Please draw a line as a new division line starting at the northwest corner of the 18,984 square foot lot running southwesterly to a point 20 feet westerly of the present south- westerly corner of the 18,984 square foot lot. c. Please depict on the supplemental survey the location of %rees and large bushes along the westerly side of the easterly koundary line on a north/south axis of the 29,855 square feet for a distance of 30 feet running westerly from the easterly boundary i~ne of the 29,855 square feet, the intention of this request being to show the existing buffer along that line. do foot lot as a above. Please compute the square footage of the 18,984 square increased by the new division line requested in Item Is it possible please to have this new survey within two weeks since we have assured the Zoning Board of Appeals who conducted a hearing on this matter last night that the material would be delivered on an expedited basis. Very truly yours, ABT/bb cc: Mr. and Mrs. William Heins Ms. Linda Kowalski bcc: Mr. Larry Liso Anthony B. Tohill BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Petition of : WILLIAM AND KATHERINE HEINS. : AFFIDAVIT STATE OF NEW YORK ) : SS.: COUNTY OF SUFFOLK ) WILLIAM HEINS and KATHERINE depose and 1. reside at Main Road at Orient Point say: That they are the HEINS, as being severally sworn, the petitioners herein and that they intersection of Old Main Road at in the Town of Southold. 2. That Katherine Heins purchased the subject premises two parcels in 1962 and 1964 and annexed as Exhibits A and E are copies of the respective deeds of purchase. One parcel is designated as SCTM 1000-19-2-5 and the other parcel is designated as SCTM 1000-19-2-6. Each parcel has always received a separate tax invoice from the Town of Southold. 3. That your deponent Katherine Heins is 77 years of age and your deponent William Heins from a heart condition which has in medical treatment. 4. That our present place of residence is story wood frame structure more than 100 years old. is 80 years of age and suffering recent years received continuous a large two- By reason of advancing age and failing health, your deponents have been unable to care for, maintain and manage our present residence since it is too large. Our present residence has three different sitting rooms, a large kitchen, a dining room and a laundry room, a series of pantries and greenhouses and the entire second floor is a series of bedrooms. In view of the age of the residence, the upkeep is constant and the house is not improved with the maintenance amenities of modern houses. As a result of the foregoing, your deponents applied for a building permit from the Southold Building Department in early 1985 and Building Permit number 13778Z was issued for construction of a single-family residence on March 22, 1985. 5. That annexed as Exhibit C is a survey of all of our property including the parcel with 88+ feet of frontage on Main Road, which is the parcel on which the building permit for a small residence for our remaining years was issued. 6. That the existing residence parcel consists of 29,855 square feet and the new parcel consists of 18,984 square feet. 7. That annexed as Exhibit D is a copy of the survey from the Suffolk County Health Department files indicating the approval on October 16, 1984 of the Suffolk County Health Department to the construction of the proposed residence on the vacant parcel known as SCTM 1000-19-2-6. Said survey also shows on SCTM 1000- 19-2-5 our existing residence and compliance with the various setback requirements under Article Code. 8. That our attorney Royal R. Reynolds, P.E. of the 6 of the Suffolk County Sanitary has confirmed by telephone with Suffolk County Health Department that no additional Health Department approvals are necessary with -2- resp~ th~ C. 9. That the vacant parcal ject division of property or construction of approvals depicted on Exhibit your deponents then caused the removal from of 60 fruit bearing peach trees, 150 spruce trees, 250 boxwood bushes~ 20 gooseberry bushes, 6 currant bushes, 2 grapevines, 1 larqe fruit bearing plum tree, 2 large fruit bearing pear trees and 5 beehives. These trees and bushes and plants were placed on the property and maintained on the property since our residency here starting in 1962. 10. Below is a picture depicting a portion of the main residence showing the style of landscaping on that parcel. -3- 11. Below is a series of five photographs showing the various plantings, including those described as removed in the preceding paragraph, as a result of the ~ssuance of the building permit. -4- 12. That when your deponents applied for the building permit we had assumed that the zoning about which we read about in the weekly newspapers all the time had changed in our area to permit the issuance of the building permit. We did not know when we met with Mr. Lessard, the Building Inspector, that our property remained in a status requiring 40,000 square feet for each buildable parcel. We did know from the newspapers that the Town was reviewing zoning and it was on the basis of the weekly newspaper coverage and the construction of a new nearby residence on Main Road on an undersized parcel similar to our situation that we applied for a building permit. 13. After the building permit was issued, we engaged Long Creek Homes Inc. (Larry Liso) and advanced to him a check in the sum of $11,983.00 on November 29, 1985. 14. We expended $1,000.00 for the removal of trees from the vacant parcel and we, of course, lost the use and continued enjoyment of the crops yielded by these fruit trees which heretofore has served as a principal means of our income and sustenance each year. 15. We paid $371.80 in April, 1985 to the Building Department on account of the building permit, we paid $200.00 to Mr. Van Tuyl on account of surveys for the building permit, and we paid $140.00 to the Suffolk County Health Department as required for their permit. 16. By early December, 1985, the had been cleared and as is depicted in the lot (SCTM 1000-19-2-6) next four photographs, -6- Mr. Horton, the of our new residence must disC0~i~e; and a copy of Mr. letter is attached as Exhibit E. -8- construction Horton's 18. That upon inquiry of Mr. Horton and Mr. Lessard we were advised that the Building Department had made an error in issuing the building permit and that unless a variance were granted from the Zoning Board our under Article III, Section 100-31 necessary. 18. lot was undersized and variances of the Zoning Ordinance were That your deponent's have heretofore forwarded to Mr. Goehringer, the Chairman of the Zoning Board of Appeals, the original copies of letters from William Tuthill, our immediate neighbor to the east, and from W.C. Duvall, our immediate neighbor to the north who are our only neighbors, advising the Zoning Board that they have no objection to our to build our home. 19. That annexed as Exhibit F application for variances is a copy of a letter from the Chief of the Orient Fire Department indicating that he has no objection to the construction of our home or the granting of these variances. 20. We have now expended additional monies on account of additional surveys from Van Tuyl, additional monies to the builder on account of the work completed prior to the stop work order, and additional fees to the Town Planning Board and Zoning Board as well as our attorney for the filing of this application for variance relief. 21. That your deponents are aware that relief of the nature sought herein has been granted to others in the same area and do not understand, given the lack of objection and instead the presence of support from our neighbors, how this matter has -9- become so complicated. We have owned our property for many years and we do not wish to move to a nursing home or a retirement community leaving behind the peace and security that we have enjoyed for more than 25 years. We applied for a building permit and relied upon the expertise of the Building Department in determining whether or not we were eligible for a building permit. Our property is on the Main Road and the issuance of the building permit was noted in passing in the Suffolk Times. The removal of the shrubbery and trees and the excavation work did not occur over night and the installation of the footings was the last step in a long process which, all other things being equal, would have resulted in our actual occupancy of our new home by this date, May 22, 1986. 22. We do not engage in the illusion that we will live forever, but we do wish to prolong our respective lives by a reduction in the maintenance obligations associated with the maintenance of our current home which is beyond our ability and reserves of strength. Our bedroom is on the second floor of the residence reached by a narrow pre-code set of stairs and we are concerned that our health, particularly in an emergency situation, would be endangered by a continuation of our present style of living. 23. The Suffolk County Health Department does not object to our application. The local Fire Department does not object to our application. Our neighbors do not object to our application. We know of no one who objects to our application. If there is nD one who objects to our application and if we have been displaced to the extent that we have as a result of our reliance on the building permit and the direction of the Building Department, -10- we are asking the Board of Zoning Appeals in its discretion to issue the requested area, width and depth variances to permit the resolution of the construction of our delay. Sworn to before me this 22nd day of May, 1986. residence without further WILLIAM HEINS KATHERINE HEINS A~THOWY B. NOT,ANY PUBLIC, State o! Hew ¥~ Qualtec& ~ Su~o~ t ~ mmmmm P~EASE NOTE It Is th.e ,ap. plicant's rez.m~nsibility to m~Jntaln/~oe, quate s~.,~.'~;:iry distanoe betwee~ att vtr. t~:,r supply'and sewage Uispo~' facilities. / RODERICK VAN LI£ENSED LAND SUR'VEYORS GREENPORT NEW YORK $,Ji F CO r~LALlm DEPT. APPROVAL I ! STATEMENT OF INTENT t THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOL~ CO pEPT.~_~TH SERVICES. APPLICANT SERVLCES -- FOR APPROVAL OF coNsTRUCTION ONLY DATE: lO-I&~~ ' SUFFOLK CO. TAX MAP DESIGNATION: DIST. ~CT BL~K PCL OWNERS ADDRESS: DEED: L. ~ p.~, (~ ~ TEST HOLE STAMP $ REQUIRED SEAL TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 -r L. 765-1 {f ' December 23, 1985 Mrs. Heins Main Road Orient, N.Y. 11957 Dear Mrs. Heins: I am very sorry to inform you that your Build- ing Permit #13778Z issued MarCh 22, 1985 for the con- struction of a one family dwelling, located at 34685 Main Road, Orient, is hereby revoked. {Art. 100-142- B Revocation of Permit) The reason for this action is because it has come to our attention that your application to the Board of Appeals to reseparate two parcels having in- sufficient area and/or width identified on the County Tax Map Parcel No.'s 1000-19-2-5 & 6. Appeal No. 3144 was denied, Dated Oct. 11, 1983. Do not proceed any further on this construction. CWH:hdv Zoning Victor Yours truly, Curtis W. Horton Building & Ordinance Inspector Board of Appeals Lessard, Building Dept. II t.~ t) Southold Town Board of Appeals MAIN ROAD- BTATE: RI'lAD 25 E3DUTHOLD, L,I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 8, 1986 Anthony B. Tohill, P.C. 6 East Main Street, Box 744 Riverhead, New York 11901 Re: Appeal No. 3477 William and Katherine Heins (Variance) Dear Mr. Tohill: This letter will confirm that the Board of Appeals recessed the public hearing in the above matter until the May 22, 1986 Regular Meeting. Also, it has been noted that this project will require Suffolk County Health Department, Article VI approval on the subdivision, and it is requested that same be furnished as early as possible prior to the conclusion of the public hearing in this matter. lk Yours very truly, GERARD P. GOEHR!~G'ER CHAIRMAN ~/ ANTHONY ]~. TOHILL, P. C. April 1, 1986 Ms. Linda Kowalski Southold Town Board of Appeals Main Road-State Road 25 Southold, NY 11971 RE: William and Katherine Heins/ April 3, 1986/8:25 p.m. Dear Linda: I am the attorney for the applicants on the captioned matter and I am, unfortunately, engaged as counsel to the Village of West- hampton Beach Planning Board this same night. May I request that this matter be deferred until May 1, 1986, or your next meeting date. I will call you on Friday to confirm the date. Thank you. Very truly yours, ABT:pk Anthony B. Tohill TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 December 23, 1985 Mrs. Heins Main Road Orient, N.Y. 11957 Dear Mrs. Heins: I am very sorry to inform you that you~ Build- ing Permit #13778Z issued March 22, 1985 for the con- struction of' a one family dwelling, located at 34685 Main Road, Orient, is hereby revoked. (Art. 100-162- B Revocation of' Permit) The rea:~on for this actlon J:; because Jt has come to our attention that your application to the Board of Appeals to reseparate two parcels having in- sufficient ~rea and/or width identified on the County Tax Map Parcel No. 's 1000-19-2-5 & 6. Appeal No. 3144 was denied, bated Oct. 1~, 1983. Do not proceed any further on thin construction. CWH: hdv ~/Zoning Board of Appeal:; Vic:tor Lessard, BuildJnf; Dept. Yours truly, Curtis W. ltorton Building & Ordinance Inspector . Southold, N.Y. 11971 (516) 765-1938 March 5, 1986 Mr. Anthony B. Tohill P.O. Box 744 Riverhead, NY 11901 Re: Katherine an~ ~ ~ihor Subdivision proposal Dear Mr. Tohill: The Planning Board reviewed the file for the above mentioned subdivision at the Monday, March 3, 1986 meeting. It was the consensus of the Board to conduct a field inspection of the premises prior to any further recommendations or action. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals By Diane M.Schultze, Secretary NOTICE OF HE~RINGs NOTICE .IS. HEREBY GIVEN, pursuant ~o Section 267 of the Town LaW and the Code of the Town of ~outhOld, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF AP- PEALS at the Southold Town Hall, Main Ro~d, Southold, 'i NY at a Regular Meeting corn-' mencin8 at '/:30 p.m. on THURSDAY, SEPTEMBER 11, 1986, and as follow: 7:35 p.m. Appeal No. · 3540-MARK AND LOR- RAINE LaROSA', Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct deck ad- dition at rear of ex~sting dwell- ing within 75 feet of ordinary highwater mark along "Horton Creeks" located 9long the north side of Albo Drive, Laurel, NY; 'County Tax Map Pared No. 1000-126-2-12. 7:40 p.m. A~peal No. 3541-RIAL REALTY CORP. Variances to the Zoning Or- dinance, Articl9 lll,'Section 100-31, Bulk Schedule, for ap- proval of insufficient lot width of three proposed parcels in this pending &inor subd vision 'located at the northerly end of proposed right-of-way exten- ding from the north side of Oregon Road, Mattituck, NY; County Tax Map Parcel No. 1000-95-1-3. ..Containing 47.0520 acres total. 7:50 p.m, Appeal No. 3533-JOHN BREDEME:YER. (Recessed from August 14, 1986). New dwelling with an in- sufficient setback from ordinary highwater mark along Orient 7-'S5..~.m..Appeal:. No.~ "\7 /34'77;WILLlAI~I' ' . ANI~ ) L K^THERINEHEiNS. (R~s:/. -fl ed from August 14, 1986). In-fiT / sufficient area, width and depth '~ [ of two proposed parcels. North~ [ side Main Road, Orient, NY;' ~._ 1000-19-2-5 and 6. 8:00 p.m. Appeal No. 3544-JAMES F. WARWICK. Variance to lift Condition of prior Z.B.A. Appeal No. 1729 rendered March 8, 1973 to allow new construction of a single. family dwelling at premises located along the south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed September 26, 1932, Subdivi- sion Lot No. ll; Cou0ty Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534-ROBERT WAD- DINGTON. Variance to the Zoning Ordinance, Article Ill, Section 100-3 I, Bulk Schedule, for permission to construct ad- dition to existing building with . insufficient side and rear yard L setbacks, at 13175 Main Roadi Mattituck, NY; County Tax Map Parcel No.. 1000-140-03-038.- "B-I" General Business Zonink District. . COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for / weeks successively, commencing On the ...................... Sworn to before me this .3 ac ~ clay of Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk ~oanty Commission Expires ~ 5/ 19 J>~' 8:20 p.m. Appeal No.. 3550-JOSEPH AND LINDA SCHOENSTEIN. Variances tO the Zoning Ordinance, Articlei.r !'7~i (a) VI, Section 100-rio for pe ,/' mission tO exPand nonconfo=.· lng use of welding business in this "B-Light Business" Zoning District; (b) Xl,' Section 100-119.2(B) for permiL~on to construct new butldlng an~ e~ pand nonconforming business use within 75 feet fro~'. wet ands area, at Premisel~ located along the south side of. Main Road, Greenport, NY: County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. 8:35 p.m. Appeal 353g-JEFFREY' BET~TAN~ COURT Variimce to tlie 7-.~n~ ' lng Ordinance', Article Xl,~ec: tion 100-119.2(A) for permis- sion to construct ingruund swimmingpool with fence enclosure and gazebo within 100 feet of top of bluff or bank along Long Island Sound, at premises known as 2410 Grand- view Drive, Orient~ NY; Grand.' . view Estates Subdivision Lot No. 5, Map No. 7083; County Tax Map Parcel No. 1000-14-02-3.9. · fi:40 p~m. Appeal No. 3513-STEPHEN SHILOWITZ. (Recessed fro. n~ .A_?.g__ust. 14,~_ 1986}. Condominium construc- tion within 75 feet of bulkhead and tidal water. West Side of-" 6¢h Street, Oreenportf NY; 1000-49-01-25~ I. , The Board of Appeals Will hear at said time and place all ' persons or representatives desir- ing to b9 heard in each.of the · above hearings. Written1 corn- . meats may also be submitted. prior to the conclusion of 'the subject hearing. For more infor- mation', please call 765.1809.. Dated: A~gust 2.2, 1986. ' BY ORDER OF THE ' SOUTHOLD TOWN ~BOARD OF APPEALS GERARD P. OOEHRINGER, ' CHAIRMAN ~ Linda Kowalski, Board Secretary 1 T-8/28/86(6) Page 20AFF~eSuffolk TJmeS.rAu§ust 28, .~ 986 , Legal Notices / o 'o proposed parcels. No~h [ Side Mai~ Road. Orient, ~ [ 1000-19-2-5 and 6. NOTICE OF HEARINGS ~'- 8:00 p.m. Appeal No. 3544 -- NOTICE IS HEREBY JAMES F. WARWICK. Vari- GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- lng public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Seuthold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, SEPTEMBER 11, 1986, and e~s follows: 7:35 p.m. Appeal No. 3540 -- MARK AND LORRAINE LaROSA. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2tB) for permission to construct deck addition at rear of existing dwelling within 75 feet of ordinary highwater mark along "Hot'ton Creek," Io- cated along the north side of Alba Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-2- 12. 7:40 p.m. Appeal No. 3541 -: RIAL REAJ~Ty CORP. Vari- ances to the Zoning Or~nance, Article HI, Section 100-31, Bulk Schedule, for approval ofinsuffi~ cient lot width of three proposed parcels in this pending mino~ subdivision located at the nortk- erly end of propased right-of-way extending from the north side of Oregon Road, Mattituck, NY;, County Tax Map Parcel No. 1000-95-1-3. Containing 47.0520 acres total. 7:50 p.m. Appeal No. ~533 - JOHN BREDEMEYEp,. (Re- ceased from August 14, 1986). New dwelling with an insuffi- cient setback from ordinary highwater mark along Orient Harbor. iTHE:55 p.m. Appeal No. 3477'--~ ,[,lAM . AN~D ~ RINE HEINS. (Reces;~) ance to liP; Condition of prior Z.B.A. Appeal No. 1729 re- ndered March 8, 1973 to allow new construction of a single- family dwelling at premises 1o~ cared along the south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed Sep- tember 26, 1932, Subdivision Lot # 11; County Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534 -- ROBERT WADDINGTO~. Variance to the Zoning Or~i.- hence, Article IH, Section 100- 31, Bulk Schedule, for permis- sion te construct addition to existing building with insuffi- cient side and rear yard set- backs, at 13175 Main Road, Mat- tituck. NY; County Tax Map Parcel No. 1000-140-03-0~8. "B- C~neral Bustne~ Zom~g. D~s- 8:20 p.m. Appeal No. 3550--- JOSEPH AND LINDA SCHOENSTEIN. Variances to the Zoning Ordinance, Articles; ia) VI. Section 100-60 for per- lng u~e of welding business in this 'B-Light Business" Z~hing · District; (b) XI, Section 100- struct ne~ ht~ldiag and expand nomxmforming welding business use within 75 feet from wetlands area, at premmes located along the south side of Main Road, Parcels No. 1000-53-2-12, 13 and Bay Estates Map No. 658, and Map No. ! 124 &s Amended. 8:35 p.m. Appeal No. 3538 -- JEFFREy BEI~ANCOURT. 119.2(AI for permission to con- struct inground swimmingpool with fence enclosure and gazebo within 100 feet of top of bluff or bank along Long Island Sound, at premises known as 2410 Grandview Drive, Orient, NY: Grandview Estates Subdivision Lot #5, Map No. 7083; County Tax Map Parcel No. 1000-14-02- 3.9. 8:40 p.m. Appeal No. 3513 STEPHEN SHILOWITZ. ~Re~ cessed from August 14, 1986). Condominium construction within 75 feet of bulkhead and tidal water. West Side of 6th Street, Greenport, NY; 1000-49: 01-25.1. The Board of Appeals wilt hear at said time and place persons or representatives desir. ing to be heard in each of the above hearings. Written com- ments may also be submitted prior to-the conclusion of tl~e subject hearing. For more infer- marion, please~cal1765-1809. Dated: August 22, 1986. BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretory ' 1TA28-5333 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Katherine Bondarchuk of Greenpo~t, in said County. being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published st Greonport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed Jo e printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 28 dayof At]qu~ 19 Prin~=lpal Clerk Sworn to be~re, me this _~_~ day of (- ~-~/f3_ 19df~ , . ~ ~RY ~. DEGNAN . ~ ~ , ~TARY PUBLIC, S~te 0f ""'°~ Southold Town Board o£Appeals MAIN ROAD- r~TATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event 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~J.~/~z -- G'ERARD P. GOEHR[NGER CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk 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 ©F APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, SEPTEMBER 11, 1986, and as follow: 7:35 p.m. Appeal No. 3540 - MARK AND LORRAINE LaROSA. Variance to the Zoning Ordinance, Article XI, Section 100- 119.2(B) for permission to construct deck addition at rear of existing dwelling within 75 feet of ordinary highwater mark along "Horton Creeki'" of Albo Drive, Laurel, NY; 126-2-12. located along the north side County Tax Map Parcel No. 1000- 7:40 p.m. Appeal No. 3541 - RIAL REALTY CORP. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width of three proposed parcels in this pending minor subdivision located at the northerly end of proposed right-of-way extending from the north side of Oregon Road, Mattituck, NY; County Tax Map Parcel No. 1000-95-1-3. Containing 47.0520 acres total. 7:50 p.m. Appeal No. 3533 - JOHN BREDEMEYER.(Recessed from August 14, 1986). New dwelling with an insufficient setback from ordinary highwater mark along Orient Harbor. ' 7:55 p.m. Appeal No. 3477 - WILLI__~_~_~ ~D KATHE___~RIN__~E HEIN~S. (Recessed from August 14, 1986). Insufficient area, width and ~ epth of two proposed parcels. North Side ~ain Road, Orient, _ Y, ~000-19-2-5 and 6. Page 2 - Notice of Hearings Regular Meeting of September 11, Southold Town Board of Appeals 1986 8:00 p.m. Appeal No. 3544 - JAMES F. WARWICK. Variance to lift Condition of prior Z.B.A. Appeal No. 1729 rendered March 8, 1973 to allow new construction of a single-family dwelling at premises located along the south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed September 26, 1932, Subdivision Lot 911; County Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534 - ROBERT WADDINGT©N. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition to existing building with insufficient side and rear yard setbacks, at 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038. "B-l" General Business Zoning District. 8:20 p.m. Appeal No. 3550 - JOSEPH AND LINDA SCHOENSTEIN. Variances to the Zoning Ordinance, Articles: (a) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light Business" Zoning District; (b) XI, Section 100-119.2(B) for permission to construct new building and expand nonconforming welding business use within 75 feet from wetlands area, at premises located along the south side of Main Road, Greenport, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. 8:35 p.m. Appeal No. 3538 - JEFFREY BETTANCOURT. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for permission to construct inground swimmingpool with fence enclosure and gazebo within 100 feet of top of bluff or bank along Long Island Sound, at premises known as 2410 Grandview Drive, Orient, NY; Grandview Estates Subdivision Lot 95, Map No. 7083; County Tax M&p Parcel No. 1000-14-02-3.9. Page 3 - Notice of Hearings Regular Meeting of September 11, 1986 Southold Town Board of Appeals 8:40 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ. (Recesed from August 14, 1986). Condominium construction within 75 feet of bulkhead and tidal water. West Side of 6th Street, Greenport, NY; 1000-49-01-25.1. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written~mments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: August 22, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTION NEWSPAPERS: Please publish THURSDAY, AUGUST 28, 1986 and forward two a~fidavits of publication on or before Septem- ber 2nd to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following 8/22/86: Personal Delivery: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. By Mail 8/22/86: Mr. and Mrs. Mark LaRosa, Box 431, Southold, NY 11971 Mrs. Sophia Greenfield, as agent for Rial Realty Corp. P.O. Box 1505, Southold, NY 11971 Rial Realty Corp., 20 Audrey Avenue, Oyster Bay, NY 11771 Anthony B. Tohill, Esq. as Attorney for Mr. and Mrs. W. Heins P.O. Box 744, Riverhead, NY 11901 Mr. James Warwick, Box 367, Peconic, NY 11958 Mr. and Mrs. Eugene Kelly, 145 E. 27th St, NY, NY Mr. Peter C. Walsh, Mill Road, Peconic, NY 11958 10016 Abigail A. Wickham, Esq. as Attorney for Mr. and Mrs. J. Bredemeyer Box 1424, Main Road, Mattituck, NY 11952 William Moore/Richard Lark, Attorneys, Box 973, Cutchogue, NY 11935 Richard J. Cron, Esq. for Mr. and Mrs. for Mr. Robert Waddington James Navas Stephen R. Angel, Esq. for Mr. and Mrs. J. Schoenstein and'S. Shilowi Box 279, Riverhead, NY 11901 Swim King Pools, Inc. as agent for Mr. J. Route 25A, Rocky Point, NY 11778 Mr. J. Bettancourt, 2410 Grandview Drive, Bettancourt Orient, NY 11957 Lawrence Storm, Esq. for Cove Circle Association (Re: S. Shilowitz) 33 West Second Street, Box 398, Riverhead, NY 11901 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, AUGUST 14, 1986 and as follows: 7:35 p.m. Appeal No. 3536~ GEORGE AND PAT BROWN. Variance to the Zoning Or- dinance, Article II1, Soction 100-31, Bulk Schedule, for per- mission to construct deck addi- tion to dwelling with reduction of existing nonconforming sideyard setback, at 150 Briar- wood Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-136-1-3. ~ 7:40 p.m. Appeal No. 3477- WILLIAM AND KATHERINE HEINS. Variance to the Zoning Ordinance, Arti- Cle Ill, Section 100-31, Bulk Schedule, for approval of insuf- ficient area, width and depth'of two parcels in this proposed division or set-off of land located along the north side of Main Road, Orient, NY; Coun- D' Tax Map Parcel No. 1000-19-2-5 and 6. 7:50 p.m. Appeal No. 3520~ THOMAS SHALVEY. Variance to the Zoning Ordinance, Arri- c~e Ill, Section 100-31,. Bulk Schedule, for approval of insuf- ficient a~a, width and depth of two parcels in this proposed division or set-off of land located along the south side of Case Road, Cutchogue, NY; CO~ Zax Mad Parcel No. 1000-116-2-15 and 16. 7:55 piln.~Aopeal No. 3532, NADETTE BURNS. Variance to the Zoning Ordinan~, Arti- cle III, Section 100~30(C) and 100-32, for permission to con- struet accessory tennis court in the frontyard area, at 3525 Privat~ .Road No. 13 (right~0f- way extending off the end of , Ruth Road), Mattituck; Coun- ty Tai Map Parcel No. 100~105-1-4. .' 8:05 p.m. Appeal No. 3433- ~'GAIL DESSIMOZ AND ;iMI~AEL RACZ. Variance ~ fo~..biSpm4a! Of. access, New ~ ~s~l~ Town La~/Section 280-a, ;~ Lane and refen~ to ~'lhi~,Road Ho; 10, exten- · ~ off the north side of Souncl Avenue, Mattituck, New York, (over and along lands of Charles Simmons and Edward Harbes). County Tax Map Parcel No. 1000-112-1-7 & 8, and to Parcel ~OUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that sh Editor, of THE LONG ISLAND TRAVELER-WAT( a public newspaper printed at Southold, in Suffolk and that the notice of which the annexed is a print~ has been published in said Long Island Traveler-W~ once each week for / successively, commencing on the .......... Sworn to before me this 8:40 p.m.. Appeal No. 3478-BECKY JOHNSTON. Variances for: (1) Building In- spector to issue building permit allowing existing structure to be weatherized, prior to final 280-a access approval, and (2) ap- proval of access in accordance with New York Town Law, Sec- tion 280-a, over private right-of- way extending from the norther- ly end of Bridge Lane Extension and Oregon Road, over lands of Bokina, identified on the Suf- folk County Tax Maps as 100-73-2-4, to premises of Johnston, identified on the Suf- folk COunty Tax Maps as 100-73-2-1. 9:00 p.m. Appeal No 3513- STEPHEN SHILOWITZ. Variance to the Zoning Or- dinance, Article XI, Section 100-119.2(B) for permission to construct condominium com- plexes within 75 feet of bulkhead and tidal water, at thc west side of Sixth Street, Green- .port, NY; 1000-49-01-25.1 Zone District: "M'-Light Multiple" Residence. The Board of Appeals will hear at said time and place all persons or representatives desk- ins to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- marion, please call 765-1809. Dated: July 17, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lotary Public BARBARA FORBES y Public, State of Ne,v York No. 4806846 mlified in Su££olk County ssion Expires c/~ ~/ 19 8:10 p.m. Appeal No. 3530- RAYMOND T. GOODWIN~ Variances to the Zoning Or- dinance: (1) Article I11, ~tion 100-31, Bulk Schedule, for per- mission to construct kitchen ad- dition with an insufficient wes~rly sideyard setback and in- sufficient total sideyards; (2) Ar- ticle XI, Section 100-119.2(B) for permission to construct kitchen and deck additions with an in- t sufficient setback from the highwater mark along Peconic Bay, at 4450 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-4-22.2. 8:15 p.m. Appeal No. 3533- JOHN AND JEANNE BREDEMEYER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate single-family dwelling structure within 75 feet of or- dinary highwater mark along Orient Harbor. Location of Pro- perty: West side of Bay Avenue, Orient, NY; County Tax Map Parcel No. 1000-26-1-8. 8:20 p.m. Appeal No. 3539- MICHAEL HERBERT. Special Exception to the Zoning Or- dinance, Article III, Section 100-30(B)[16] for permission to establish "Bed and Breakfast use;' an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Zoning District: "A" Residential and Agricultural. 8:25 p.m. Appeal No. 3422- JOHN J. NEWMAN. Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2(B) for permission to construct addi- tions to dwelling within 75 feet of high water and existing bulkhead along James Creek, at 430 Sailors Needle Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-144-5-29.1 and 30. 8:35 p.m. Appeal No 3535- NORTH FORK FRIENDS OF KENYON TUTHILL Variance to the Zoning Ordinance, Arti- cle III, Section 100-30 for per- mission to use premises for a :special fund-raising event in conjunction with fireworks display, at premises of W.E and T.A. LaMorte, 895 North Bayview Road, Southold, NY; County Tax Map Parcels No. 1000-70-13-20 (20.1 to 20.21, inclusive). APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE; RnAD 25 SOUTHOLD, 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. ~omeone 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_ G3[RARD P. GOEHR[NGER CHAIRMAN Enclosure , Linda Kowalski Secretary and Board Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- -~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 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 NOTICE IS, ,1~_ REBY OIV; EN, pursuant tO Section 267 Of the Town Law and the Code of the 'Town of Southold, the followin~ public heatings will be held by the $OUTHOLD at ~he Southold Town Hall, 7:30 p.m. on. THURSDAY, IVlAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399- JOSEPH AND ANN PACELLI. Variance to the inn Ordinance, A~ticle 1II, tion 100-31, Bulk Sdtednie, for appwval of insufficient mca, depth und width of three parcels referred to as Lots No. 1, 9 and 10, Map of Bayside Tetra,~ Southold, NY; Lot Ne, I located' alon~ the ~s°Uth side of North' BayvieW Road, and Lots Ne, 9 and 10 located along the eastside of Summer Lane; County Tax Map District 1000, Section 78~ Block 9, Lots I and 16.. 7:40 p.m. Appeal No. 3492- JOYCE TESE. Variance to the Zoning Ordinance, Article III, Section 100-3213, for permission to locate accessory three-4m~ ~ara~e in frontyard area, at 8001 Jackson Street, New Suffolk,' NY~ County Tax Map District 1O00, Section 117, Block 10, LOt ?:45 p.m. Appeal No. 3498- GREENPORT N.Y. CON- COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that sh~ Editor, of THE LONG ISLAND TRAVELER-WATC a public newspaper printed at Southold, in Suffolk, and that the notice of which the annexed is a printe has been published in said Long Island Traveler-Wa once each week for ................. /~. ........ successively, commencing on the ........ f3~'.. ~. ..... C Sworn to before me this "8:10 p.m. Appeal No. 3506- ARMANDO J. CAPPA/PORT Variance m the Zoain~ O~- dlnanc~ Article XI, Section 100-119.2 (B) for permission to . .lbcate attached deck and Notary Public seatbod holdin{ tanks within ORI/GATION OF JEHOVAH W..ITNESSES. Sp~int Excep- tion to the Zon!n~ Ordinance, Article I11, Section 100-30 05)[2] for permission to construct ad- dition and establish same for reli~ions, library use, at 1345 In- dian Neck Lane (a/k/a 50 Spfln8 lane), Paconlc, NY; County Tux Map District lo00, Sec/ion 86, Block 5, LOt L 7:50 p.m. Appeal No. 3504- OREENPORT HOUSING ALLIANCE. Variance tO the Zoning Ordinance, Article III, Section 100-31 for pennism'on to locate new single-rarely dwellin8 with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street,, Greenport, NYi Map of (keen- po~t Driv/ng Park Lot Ne` 36~; County Tax Map District 1O00, ,Section 48, Block 3, LOt 16, ~ 7:55 p.m. Appeal No. 3500- ~ NOR/vlAN REICH. ~,dance m III, Section 100-31, Bulk Schedule for permission to con. struct deck addition with inmul',. fident ~u3,ard Setback at 655 Cedar Drive, East Marion, NY; County Tax Map District lo00, ' Section 22, Block 2, Lot 41. ii00 p.m. ApRe~{2{o.' 34~ lng Ordintince~,Article-lilFS~.~ ti. on 100-32 for permission to., '/~' Of ~ warn' and bulkhead, /t 62140 Main Road, Southold. NY; County lhx MaP Parcel Ne` 1O00-~6-6.2; Lewis Homes Co., Inc. Filed Map No. 535, LOt 1-9 inclVstw : 8:15 p,m, Appeal Ne` 3418- GRETCHEN HEIGL (Recessed frohi April 3, 1986). · 8:2,0 p.m. Appeal No. 3493- WELLS PONTIAC- ' CADILLAC. Variances to the Zoning Ordinance, Article VI: '(a) Section 100-60(C)[2](a) for pmnission tO erect/round sign escel~n{ maximum 6'6" height .rmquirement, and exceeding liei~ht, reqnirement of 15'6" from ground to upper edge of sigh', and (b) Section i00-60(C)[2]Co)[4] for permis- ~ tO place wall ~ with pro- jection of more than one foot, . nt42155 Main Road (a/k/a Pec~nic La,e), Paconi~ N~," ~UotY Tax Map District IO00,. n 75, Block I, LOt 14. '[~$ p.tn. Appeal Ne, ~491. DONALD J. GRIM. Special 2~M~ptlon of the Zoning Or- d[annce, Article IX, Section 1.0?~ for permission to con- stru~t storage building and establish outside stockpiling of ntnterial uses in this "C-I" Heavylnd ustrialZoning District. lJm~tion of Property: Lot No. dlng) Minor Subdivision 430 of LB. Olover, south pf 'Oregon Road, Cut- chiu{Ue; County Tax Map locate accessory glu~e/stor~le building in frontyard area~ti 7455 Soundview Avenue,~i South01d, NY; County llut M~ ~ 1O00, Section 83, Block {, ?itt of Lot 4.4, cuntainin8 BARBARA FORBES Iotary Public, State of New York No. 4806846 Qualified in Suffolk County ummission Expires % ~t 19 ~ District 10O0, S~tion 59, Bilk i, a_~m the ~ '~ ~' ~'~ of ~ddle ~d ice ~- dt~gonl~0~theno ~.thnld ~. ~,,-~ ~- ~ side of 8:45 p.m: Appeal 'No. 3/10I- NORTH FORK WELDING/SCHOENSTEIN. Variances to the Zoning Or- dinance, Articles: (a) XI, Section 100-119.2 (B) for permission to locate new bulldin$ within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light" Busines~ Zoni~ District located along the south side of Main Road, (S.R. 25), Oreenport, NY; County Tax Map Farcels No. 1000-53-2-12, 13, and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. 8:50 p.m.- Appeal No. 3471- NICHOLAS TS1RKAS (Recess, ed from May 1, 1986). 8:50 p.m. Appeal No. 3509. HOWARD AND JANET MALONE. Variances to the Zoning Ordinance. Article: (a) III, Section 100-31, Bull~ Schedule, for permission to con- struct addition with an insuffi- cient sideyard setback, and (b) XI, Section 100-119.2 (B) for permission to locate addition within 75' of ordinary highwarer mark and bulkhead at 250 Blue Marlin Drive, Oreenport, NY; Southold Shores Map No. 3853, Lot No. 3; County ~Pax Map Parcel No. 1000-56-07-21. 8:55 p.m. Appeal No. 3497- MAR3ORIE D. PETRAS. Variance to the Zoning Or- dinance, Article III, Section 100-31 for permission to con- struct addition in excess of maximum-permiited 20 percent lot coverage requirement at ?00 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m. Appeal No. 3507- · NICK THEOPHILOS. Variance to the Zoning Ordinance, Arti- cle XI, Section lo0-119.2(A) for permission to locate swimming pool with deck and fence enclosure within 1O0' of bluff area along Long Island Sound, at 2200 Sound Drive, Greenpon, NY, Lot No, 118, Map of Eastern Shores, Sec!ion 4, County Tax Map Parcel No. 1000-33-I-16. 9:10 :p:,mi,A~peai No. 3458- Ndgr~ I~OA~ ASSOCIATES. Varian'ce to the Zoning Or- dinance, Ankle III, Section 100-31 [or Article XIII, Section IO0-136(E)] for approval of three parcels having insufficient area, and proposed Parcel No. 3 hav- ing insufficient depth, located on private right-of-way off the north side of Main Road (S.R. 25), Orient, N.Y.; County T~ Map Parcel No. 1O00-018-4-1 (1.1). The Board of Appeals will hear at said time and phica all persons or representatives desir- ing to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802)~ Dated: April 16, 1986. BY ORDER oF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-5/15/86(12) NOTICE IS HEREBY GIVF-~, ! uant to Section 267 'pr the. Town Law and the Code,of th Town of Southold, the following public hearings will be held by the SoUTHOLD TOWN ~.~ BOAED OF APPEACS at the . ~outhold Town Hall, Mal~ Road, [~uthold, NY at a Regular Meet' lng commencing a~t 7:30 p.m. on .... .. ' ~: . m,d ax ~oltlm~: ,~'-'.'~*(~ ',:'~" ground te upper edgeofsign;and 7.~ p m Asmed ~Sl~--~*~?i ~' (b) Section 100~0(CX2Xb)(4) for JO~EP~ ' '~ll) :, ~ PACELLI. Variance ~o the Zon- ' with projection of more than one ing Ordinance, Article HI, Sec- ' tion 100-31, Bulk Schedule, for approval of ineuffic~ent eros, depth and w~th of thrne p~rcolw referred to as Lots No. 1, 9 and 10, Map of Bay~i~ Terrace, Southold, NY; Lot No. 1 located along the south ~ o~ North Bayview Rond, and Loto no. 9 and . no. 10 located along the east side of Summer Lane; County Map Dletrict 1000, Section Block 9, LOts 1 and 16. 7:40 p.m. Appeal No. 3492- JOYCE TESE. Variance to the Zoning Ordinance, Article IR, Sect/on 109.92C, for permission to locate accessory three-car gar- age in frontyald area, at 800 Jackson Street, Blew Suffolk,. NY; County Tax Map District 1000, Section 117, Block 10, Lot 5. 7:45 p.m. Appe~ No. 3498 - GREENPORT N.Y. CONGRE- GATION OF JEHOVAH WIT- NESSES. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)(2) for per, mission to construct addition and establish same for relliioes, li- brary use, at 1345 Indian Neck Lone (a/k/a 50 Sprin~ Lslle), Peconic, NY; County Tax Map District 1000, F~oction 86, Block 5, LOt 1. 7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING AL- LIANCE. Variance to the Zon- lng Ordinance, Article IH, Sec- tion 100-31 for permission to lo- cate new single-family dwelling' with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenpoct, NY; Map of Orocn- pert Driving Park, Lot No. 361); County Tax Map District 1000, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal No. 3500 - NORMAN REICH. Variance to the Zoning Ordinance, Article llI, Section 100-31, Bulk Schedule for permission to con- struct deck addition with insUffi- cient rearyard setback at 655 Cedar Drive, East Marion, NY; County Tax Mai) District 1000, Section 22, Block 2, Lot 41. 8:00 p.m. Appeal No. 3483 - PHILIP AND F.I.LF.N BEL- LOMO. Variance to the Zoning Ordinance, Article IR, Section 100-32 for p~rmlssion to locate. accessory garage/storage build- ~ng in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3065 - JOHN M. KERBS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval ofinsuffi., clent area of three parcels in this. proposed four-lot minor subdivi- sion located along the south side of Middle Road (C.R. 48), South- old, NY; County Tax Map Dis- trict 1000, Sectton.5~, Block 3; Lot 3. 8:10 p.m. Appeal No. 3506 - ARMANI)O J. CAPPA/PORT OF EGYPT ENTERPRISES.' Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2(B) for permission to locate sttached deck and seafood hold- ing tanks within 75' of high water and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6~2; Lewis Homes., Inc. Filed Msp no. 535, Lots 1-9 i~cin- foot, at 42155 Main Road (a/Ma 20 Poconic Lane), Peconic, NY; County Tax Map District 1000, 8oction 75, Block 1, Lot 14. 8:25 p.m. Appeal No. 3491 - DONALD J. GRIM. Special Ex- coption of the Zoning Ordinance, Article IX, Section 100-90 for permission to construct storage building and establish outside stockpiling of material uses in this 'C-l" Heavy Industrial Zon; trig District. Location of Prop- erty: Lot No. 2, (Pending) Minor Sulxliv~ion No. 450 of L.B. Olover, south side of Oregon Road, Cutehogue; County Tax Map District 1000, Sectisn 83, Block 3, Part Of LOt 4.4, contain- ,84.59 acres. :30 p.m. Appeal No. 3477 -~ KATHERINE AND WILLIAM~ HEINS. Variance to the Zon!n8] Ordinance, Article lIl, Sectmn / : 100-31, Bulk Schedule for ap- '~ proval of insufficient area, width and depth of two parcels in this propcoed division located along the north side of Main Road, Orient, NY; County Tax Map parcels No. 1000.19-2-5 and 6. ~' 8:45 p.m. Appeal No. 3501 - NORTH FORK WELDING/ SCHOENffrEIN. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2(B) for permission to locate new build- lng within the required 75' sst- back from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B- Light" Business Zoning District located along the south side of Main Road, (S.R. 25), Greenpert, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Es- tatos Map No. 658, and Map No. 1124 as Amended. 8:50 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS (Reces- sed from May 1, 1986). 8:50 p.m. Appeal No. 3509 - HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk Schedule, for permission to con- struct addition with an insuffi- cient sideyard setback, and (b) XI, Section 100.119.2(B) for per- mission to locate addition within 75' of ordinary hlghwatsr mark 8nd bulkhead, at 250 Blue Mar- lin Drive, Greenpert, NY; South- old Shores Map No. 3853, Lot No. 3; County Tax Map Parcel No. 1000-56-07-21. 8:55 p.m. Appeal No. 3497 - MARJORIE D. PETRAS. Variance to the Zoning OrdiJ hence, Article III, Section 100-31 for perm~ssmn to construct addi-. tion in excess of maximum-per- mitted 20 percent lot coverage re- . quiremont, at 700 Koke Drive, Seuthold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m.. Appeal No. 3507. NICK THEOPHILOS. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for permission to locate swim- ming pool with deck and fence enclosure within 100' of binffc area along Long Island Sound, at 2200 Sound Drive, Greenpert,~ NY; Lot No. 118, Map of Eastern, Shores, Section 4, County Tax; Map Parcel No. 1000-33-1-16. 9:10 p.m. Appeal No. 3458 - NORTH ROAD AS-I SOCiATES. Variance ic Cia STATE OFNEW YORK ) ) SS: COUNTY OF SUFFOLK ) tteather Cusack ofGraenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ~5 day of May 19 86 Principal Clerk Sworn to befor~e me this _~ ,, Exp+r~ Febroa~ 19~ / $outhold Town Board o£ Appeals sOUTHOLD, L,I., N.Y- 119'71 MAIN Rr1AD" ~TATE ROAD 35 TELEPHONE(516) 765-1809 May 22, 1986 APPEALS BOARD MEMBERS ~RARD P. GoEHRINGE-R, cI.iAIRMAN _~. E .~. R. A. :ARLES GRtGoN%S, JR. O_NMENTAL DECLAP~T ION e RGE DOYEN. JR. NEGATIVE ENVIR oBERTJ. 0ouGLA$$ Notice of Determination of No~n~'icanc osEPH H. SA~NtC~ EAL NO : '3477 ,~li~a~ HeinS APP ' -. - ~ne and v~ ....... pRoJECT NAME. Katn~ ..... ~--- . part 6t7 of the implementing · . ~ued oursuant to . .~ v ~ Environmental ThiS not~ce ~s.~=~ ~tic~ 8 of the ~.~-~'. --= ~ocal Quality Review ~ - Law ~44-4 of the Town of southold. This board determines the within project no_~t to have a sign~f~ cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be determination made for any other department or agenCy considered a application pending for the same or similar which may also have an project. [ ] Type II ~ unlisted [ ] area, TYPE OF ACTION: DESCRIPTION OF ACTION~ariance for approval of insufficient width and depth of two parcelS. LOCATION OF PROJECT: Town of southold, county of suffolk, more particularly known as:N/s Main Rd., orient, N.Y. 1000-19-2-5 and 6 REASON[S) S .... ~ Assessment ~. - ~,~ e effect~ ~ ,~, ~n Env~ronmen~-~ _i~gi=~cant ~s [~ ~hich indicateS that no = ~ . submittea w ~ .... ~ ~ncur should this project be imple- environment ara l~k~13 ~ - ~ ~a'ted to new constructlOn, the~_~ =s nlanned; ~ ~s not direCtlY ~- ~enL~u ~ r ~:ef requeSL~ ~ . being (? lo~h~l~tl~r area variance. FOR FURTHER INFORMATION, pLEASE coNTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. -- APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 TO WHOM IT MAY'CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN Page 4 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 3, 1986 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, Jr., 39-17 222nd St, Bayside, NY 11361 Mr. Merlon Wiggin, Peconic Associates, Greenport, NY 11944 as agent for BEDELL WINERY as agent for PORT OF EGYPT ENTERPRISES Rudolph H. Bruer, Esq., Main Road, Southold, as agent for ROBERT AND CHARLOTTE WISSMAN as agent for MICHAEL HERBERT as agent for WILLIAM KREITSEK as agent for NICHOLAS TSIRKAS NY 11971 Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971 as agent for GRETCHEN HEIGL Anthony B. Tohill, P.C., Box 744, Riverhead, NY ll901 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 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. DOUGLASS JOSEPH H. SAWICKI Copies of the Notice of Hearings for May 22, 1986 to the following by mail on or about May 13, 1986: Hand Delivered to: Suffolk Times, Inc. L.I. Traveler-Watchman Mr. and Mrs. Joseph Pacelli, 1090 Cedar Drive, Southold, NY 11971 Mr. Donald A. Denis, A.I.A., P.C., Box 565, Aquebogue, NY as agent for MRS. JOYCE TESE Mr. Leo D. Russell, Greenport NY ~ongregation of Jehovah's Witnesses, Indian Neck Lane, Peconic, NY 11958 Greenport Housing Alliance, 18 South Street, Greenport, NY 11944 Mr. and Mrs. Norman Reich, Box 13, Main Road, Orient, NY 11957 Mrs. Noel P. Birkby, Architect= as agent for MR. & MRS. PHILIP BELLOMO 156 West 19th Street, New York, NY 10011 Mr. John M. Kerbs, Middle Road, Southoid, NY l1971 Michael J. Hall, Esq.~ Youngs Avenue, Southold for GRETCHEN HEIGL .... ~, -~ ................. , .............. 5ARL. AND North Shore Neon Sign Co., 698 L.I. Ave, Deer Park, agent for WELLS PONTIAC-CADILLAC Wells Pontiac-Cadillac, Main Road, Peconic, NY 11958 NY 11729 as Mr. D}naid J. Grim, 475 Jernick Lane, Southold, NY 11971 Anthcr, y B. Tohili, Esq., 6 E~,st Main St, Box 744, Riverhead, for MR. AND MRS. W[LL[AM ~EINS Mr. and Mrs. William Heias, Main Road, Orient~ NY I1957 NY 11901 Peconic Associates, One Bootleg A1;ey, ..~reenpcr,: NY 11944 as agen.~ for NORTH FORK WELDI['~G Rudo :~h H. B~uer, Esq., Atcn: .fi~'s. P. :qoore Main Road, for MARJORIE D. ~-ETi~.AS Southold Copies of the Notice of Hearings (continued) for May 22, 1986 also to the following bY mail May 13, 1986: Mr. Arthur Siemerling, as agent for NICK THEOPHILOS, Box 108, Mattituck, NY 11952 Mr. John DeReeder, for NORTH ROAD ASSOCIATES, 240 Wampum Way, Southold, NY 11971 Mr. Edward A. Linker, Ref: North Road Associates, opposing 985 Soundview Drive, Orient, NY 11957 Mr. Armando J. Cappa, Main Road, Southold, NY 11971 Mr. a~d Mrs. Howard Malone, 250 Blue Marlin Drive, Greenport, NY Town Clerk Bulletin Board ZBA Bulletin Board (in office ZBA Members ZBA Individual Files Building Department Planning Board Supervisor's_Office Town Board Members Town Trustees' Clerk ' NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of th~ Town of Southold, the foliowing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the 5outhold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, APRIL 3, 19~, and as follows: 7:35 p.m. Appeal No. 3396 -- GARY DOROSKI for a Van- ance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate propped pool with decks and fence encic- 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 Spec. iai Exception to the Zoning Or~i- frontage along Reydon Drive, set off from premises to the north presently of J. R/ch of 55,831 ~q. l~. in area and 135' frontage (lot width), property identification: County Tax Map parcel Nos. 1000-79-05-23.1 and 22.1, cared along the we~t side of Reydon Drive, Southold, NY. 7:50 p.m. Al~eai No. 3451 -- BEDELL WINERY for a Spec- iai Exception to the Zoning Ord/- nance, Article III, Section 100- 30-(B)[14] to establish winery use from grapes gro~a on the premmez, 36225 Main Read, Cutohogue; 1000-85-02-10. (Re- c~zed from 3/13/86). 8:00 p.m. Appeal No. 3476 - ROBERT AND CHARI.,O'VrE ~ WISSMAN for a Variance to the Zoning OrdinanCe, Article XII, Section 100-121 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&- tionnily granted uze of lot for mooring dock and storage build- ing (Article HI, Section 100- 30(B)[9]) and insufficient lot area nance, Article IX, Section 100-90 forpermissiontochangeus~ofa ami width (Bulk Schedule), to rtion of existin~ b~fildlnf te allow the construction of a conjunction with e '.x~Ang~_ 8:20 p.m. Appeal No. 3418 -- ricultural storage and m~f GRETCHEN HE1GL for a turai office, at premroes rei~ Variance to: (a) the Zoning Ordi- te as 11950 Sound A~ven,,ue, ~, nance, Article III, Section 100: tituck, NY;County't'axmapt 31, Bulk Schedule for approval col Ho. 1000-141-074.1: ~., ofinsuffcient lot ~-~a and width ! 7:45 p.m. A_p.pe..a.~l~.~.o; ~ in thispropesed division'ofprop- ~ JOSEPH A. UA~rO,, erty, and (b) New York Town a Variance totheZoning ( vance, Article III, Section 3LBulkschedule, for ap~ of 58,484sq. ft. parcelwith Law, Section 280.a for approval of access to proposed Lot #1 over a pr/vate right-of-way located along the ezsterly side of the sub- ject pe~mises, Location of Prop- e~ty and R/ghbofoWay in Quez- tion: North Side of Sound View Avenue, Southold, NY; County Tax Map Parcels No. 1000-68-1- : 14 and 15.1. z/~8:25 p.m. Appeal No. 3477 --~'~ / W~-L~4M AND KATHERINE { ~1~]8 for a Varianc~ to the ) Sect/on 100-31, Bulk Schedule for approval of insul~ctent area, width and depth of two parcel~ / in this proposed division located / along the north side of ! Read, Orient, NY; County ~lax 6M. ap Parcels No. 1000-19-2-5 W~.L1AM KREITSEK for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 (and/or Section 100-30A) for per- mission to locate pri'eate, fenced- in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundvtow Avenue, South- old, NY; George Penny IV File~ 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- struct single-family dwelling with an insufficient ~ethack from edge of bank along the Long Is- land Sound. Location of Prop- erty: North Side of Sound Av- enue, Greenport, NY; Eastern Shores Subdivision Map 4586, LOt 113, County Tax Map parcel No. 1000-33-01-11. $:50 p.m. Appeal No. 3469 - WARHEN AND MARY BRADY for a Varmnce in the Zomng Ordinance, Article III, Section 100-32 for permission to locate accessory barn in the fron- tyard area, at premises referred to as 3500 Private Road #13, off the no~h side of Rergen Avenue, Mattitm:k, NY; County Tax Map Parcel No. 1000-105-01-5; The Board of Appeals wall hear at said time and pla.ce all persons STATEOF NEW YORK ) I S~: COUNTY OF SUFFOLK ) M~',r ~' ~,~,"~=,~ of Greenport, in said County, being duly sworn, says that ha/she ia 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 O~e weeks successively, commencing on the 27 dnyofN~rcb 19 86 Princi~al Clerk ' Sworn to before me thls - ' ANN M. ABATE /// / ~ ./10;ARY PUBLIC, State of New Yom-- d~y of -// ' ~ ' '; Su~elk County No 474318~ / ~ ~/~ ~ z~ ~Term E~p~es Marci~ 30, 19~ 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 Soutbold Town Hall, Main Road, Southuld, 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 laermissioo to locate proposed pool with decks and fence enclosure within 75 feet of wetlands and highwater mark, at 425 Monsell Lane, Cut- chogue, NY; Norwald Subdivi- sion Filed Map No. 1275, Lots 31-35 inclusive; County'Pax 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. ]000-141-03-4L 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)[14] 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 CHARLO'rTE WlSSMAN 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 III, 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 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 Traveler-Watchman once each week for ............... ./. ...... weeks successively, commencing on the ......... .c).~ ~ ....... Sworn to before me this ~ ~ ..................... day of 8:15 p.m. Appeal No. 3472- MICHAEL HERBERT for Variance to the Zoning Or- dinance, Article III, Section 100-30(A) for permission to establish '?Bed and Breakfast': type use, or "an owner-occupied building, other than a hotel, 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- dinance, Article III, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area and width in this proposed divi- sion 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 P~m~c~a!ion of Property ~.nd right-of-w~.~,-Fo~'ated aT~'~ ,.?kthe easterly side of the subjectj ~)zemises.. Loe~ tjon.~af Proner ~ty~ 17, 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. (fW~ 8:25 p.m. Appeal No. 3477-'~ ILLIAM ANDI ~'KATHERINE HEINS for a I/ [Variance to the Zoning Or-/g [dinance, Article Ill, Section/ 100-31, Bulk Schedule for a - fp proval of insufficient areai~ iwidth and depth of two paree s ~. in this proposed division loeated ] · along the north side of Main [ Road, Orient, NY; County Tax I ~Map Parcels No. 1000-19-2-5 r Notary Public BARBARA FOP. BES Notary Fub}/c, ~qtate of New York NO. 48068'6 Quallq:d in .%£~olk County 3omrniss'on Exp re, ~ ~/ 19 Y-~ 8:35 p.m. Appeal No. 3488- WILLIAM KREITSEK Variance to the Zoning Or- dinance, Article III, Section · 100-32 (and/or Section 100-30A) for permission to loea~e private, fenced-in tennis court together with 12' by 12' gazebo on stilts on vacant premises adjacent to residence of the applicant and referred to as 9030 Soundview Avenue, Southold, 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 Or- dinance, Article XI, Section 100-119.2(A)[11 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, Greenport; NY; Eastern Shores Subdivision Map 4586, Lot 113, County Tax Map Par- cie 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 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 niatters. 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 1T-3/27/86(12) T LD ¥ Southold, N.Y. 11971 (516) 765-1938 March 26, 1986 Mr. Anthony B. Tohill Attorney at Law P.O. Box 744 Riverhead, NY 11901 Re: Katherine and William Heins proposal for a set-off at Orient Dear Mr. Tohill: The following action was taken by th eSouthold Town Planning Board, Monday, March 24, 1986. RESOLVED that the Southold Town Planning Board refer the following recommendation to the Board of Appeals regarding the set-off proposal for Katherine and William Heins located at Orient: The Board is opposed to this proposal to set-off 18,984 square feet from 48,839 square feet, and recommends that the premises remain as one lot. However, if evidence is found, upon review by the Board of Appeals, to substantiate granting of a variance, the Board requests that the proposed lot line be relocated to provide for an even split of the property. If you have any questions, please don't hesitate to contact our office. Very truly yours, / cc: Board of Appeals BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 50UTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 February 24, 1986 Anthony B. Tohill, P.C. 6 East Main Street, Box Riverhead, NY ll901 744 Re: Variance Application William and Katherine Heins Dear Mr. Tohill: This letter will acknowledge receipt of the above variance application and confirm our telephone conversation today that the application is incomplete pending receipt of either: (a) the Neighbor Notice Form with Affidavit of Mailing and postmarked Certified Receipts, or (b) written verified waivers executed by the persons entitled to receive the Neighbor Notice Form. Upon receipt of the above, we wilt file the application with the Town Clerk and the board will then be in a position to consider the application. Yours very truly, Linda Kowalski JUDITIt T. TERRY TOWN CLI, RK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Februar~t 2~;, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3477 application of Katherine Heins for a variance. Also included is letter from attorney Anthony B. Tohill, dated Feb. 21, 1986; Notice of Disapproval from the Building Department; Notice to Adjacent Property Owners with letters; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; and s urvery. Judith T. Terry Southold Town Clerk ANTHONY B. TOHILL, P. G. ATTOI~/I~EY AT LAW February 21, 1986 Mr. Gerard P. Goehringer, Zoning Board of Appeals Main Road Southold, NY 11971 Chairman RE: Property of Katherine and William Heins Area Variances, Main Road, Orient Dear Mr. Goehringer: The captioned property owners visited me early in January and I met with the Building Inspector on January 10. All concerned advised me that the application to the Zoning Board of Appeals had been filed. Apparently, it had not been filed. I am enclosing, therefore, the following: a) Notice of Disapproval from the Building Inspector dated December 24, 1985. Application in triplicate. Short Environmental Assessment form. Wetlands letter. Four copies of survey. My check payable to the Southold Town Clerk for $75. b) c) d) e) f) I have not submitted a notice to adjoining property owners. There are two adjoining property owners, William Tuthill and W.C. Duvall. Enclosed are letters signed by each of them supporting the within application. The residence that exists at the subject premises pre- exists zoning and there is no certificate of occupancy. The Planning Board has already scheduled their initial hearing on this matter. Could this matter please be scheduled at your earliest convenience since the property owners thought that the application was filed and that this all occurred prior to anyone consulting me. ABT:pk Encls. Very truly yours, Anthony B. Tohill TOWN OF SOUTHOLD, NL:W YORK FEB ~ ~ 3m~APP'E'nJ-'J:JE'OMI3~I~ ~ DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~'?~ ,,, / / · DATE ..7~../...,~,,...e.../....~'...,~ ..... , TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~/~)..~....d.~...~..~..l~....J~.(.tl~..~.~....~....~:.Z..l~.,~.of ................ ~.i,4.~......~....~. ...................... Name of Appellon* ' Street and Numar ~z'~ ~ ..... //g~Z ............ ~ ~ ....................... 'M;g~;iii~ .......................... ; .......... .~ ~c *o THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPE~OR ON ~uc~,o. ~o, ~,,M~ .o/.~...ZZ2. ............ ~,~ .2../...~ WHEREBY THE BUILDING INSPECTOR DENIED TO .............. Name of Applicant for permit , ~ / '~' o~ .~.~ ....................................... K.t..~.~ ................ ~. ..................... Street and Number Municipali~ Stat~ ~)PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) LOCATION OF THE PROPER~ ................................................................................ Street Use District on Zoning Map MaP NO. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) 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 Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (J~) !~l~ not) been made with ~espect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special pe~rmit ( ~ request for o variance and was made in Appeal No.~...L....~....~'... .............. Dated .L~././ / ..~..-~.....~. ...................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficult~*~e~ ~ The hardship creotea is UNIQUE aha is not shorea ~y =n properties =fi~e in the immediate vicinity, of this property, and in this use district because~ ~3' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE. THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Signoture Sworn to this 3~ day of ................ ./~~ Notary Public BOARD OF APPEALS. TOWN OF SOI,;THOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Othe:) [¢±:cle choice] ). 2. That the .property which is the subiect 9f the Petition is located adiacent to your property and is des- cribed as follows: ~,'~A /qqt /_ ~1,~ ~]' /~3~,. That the proprrty which is the subject of such Petition is located in the following zoning district: / ,,a-/.. L rr , o L 4. That by such Petition. the undersigned will request the followine relief: / I z / 5. That the p~ of the Southold Town Zoning Code_applicable to the relief sought by the under- signed are Art~.cl~ ///_ / ~ect:~o~. /'~:~a::~ -- ~ / [ ] Sect. i0n 280-A, New Yo~k Town Law for appt0va~ of access 0ve~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Cierk's Office at Main Road, Southold, New York and you ma), then and there exan~ne the same during regular office hours. (53.6) 765-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffotk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated fo~ the publication of such notices; that you or your representative have the H~ht to appear and he heard at such hearing. I ! William ~n~ ~a~hewi~e u~i~S Petitioner Owners'Names: PostOfficeAddress 34685 Ma±n Road NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Main Road, Orient, NY 11957 Main Road, Orient, NY 11957 Katherine Heins .residingat 34685 Main Rd. ~ Orientr NY 11957 , being duly sworn, deposes and says that onthe day of Feb. . 19 86 , deponent mailed a true copy of the Notic~e set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said, Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ~ day of ~ ~- , Notary Public ! Katherine Heins (This side does not have' to be completed on form transmitted to adjoining property owners.) mission of thi made by this b lronment,,I (/ual l~y i(uvie~il~/~Nct reqt~lres sub- 'erin, and an environmenta~eview will be 'd before any action is taken. (a) In order to answer the questions in this short £AF !s is ~e~ed that the preparer will use currently available Info~tlcn concernln~ the project and th. or other ~nvestlg~tion~ w~ be ~dertaken, (b) I~ any question ham been answered Yo~ thru proJec~ ~7 be mi~l~lcant and ~ cc~p!eted Environmental Aa~munt Fo~ i~ n~ce~sar/. (c) I~ all qu~stion~ hav~ been answered No i~ 1~ likely tbmt th~s project I~ · 2. 5. 6. 7. Will project reeult in a large physical cbmnge to the project site or physically alter moro tb~%n lO acres of land? . . · . . . . · Will there be a major change to any unique or W~-ll project alter or ~ve a large effect on W~l project h~ve a poton~ially large L~ on ~o.~.dwate~ quality? . . . . . . . . · W~! pro JmeS ~lficantly'offect draina~ ~ Will project affect ~ny t~eatened or endangered W~l project reset Ina major advorsu ~ffoc% on W~l project have a major effect on visual C~ Will project advermely ~pact any site or st~c~ utc of historic, pre-hiseoric, or palbontological importance or any site dcsl~a~cd as a critical enviro~en~l area by a local agency? . . . 10. W~I project have a mm Jot effect on ext~t~g or 11. Will project result in :~Jor traffic problems or 12. Will proJec~ reg~arl7 cause objectionable odor:. 13. Will project have any impact on pub].lc health or Will project Affect tho existing co,unity by d!rectl7 causin~ a ~rowth In Fermanent popt~a- ~ TITLS: ?F~EP AJIE2' 3 S lrd:ATl~.-: Ye~ ~ .... Ye~ ~- No Yes .'~ No ,,, Yes ~ No Yes .,,~ No YeN ..~ No Yes ~ No Yes k No (d) (Today's Date] To: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Reguiations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject prcperty iQ tke within appeal application: (pl~oa~_ check one bo:<) [ ] May be located '~' ' 300 feet of tidal wet].and.~, however, con.ntructed along the water-lyinq edqe of this property is a bulkhead in very good condition and at least 100 feet in length.~ [ ] May b~ ·located within 300 feet of tidal wetlands; ho?;ever, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 3.00 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tid~i wetlands; and there is no bulkhead or concrete wall existing 'on the premises. -[~] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* not appear to [starred items'{*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, NOTE: If proposed project falls witgkin D.E.C. approval must be received an~! submit{6d to our your application can be scheduled for a public (Sig~]ature please) jurisdiction, office before hearing. May 22, 1986 Notice of disclaimer to anyone interested in this file: Please be advised that Celic Realtors is currently holding my Real Estate License. At the time of filing this application and the period of time that it takes to hold a public hearing and reach a decision, I have no interest in this application. I further state, that I have -no- knowledge of an existing active listing with the above Real Estate office. This statement is signed with the complete understanding of the information stated above ..... ~/~ Gerard P. G6ehringer TO WHOM IT MAY CONCERN: I wish to disclose the following statement in the event the property in question should be pending a rea~ estate activity with Celic Estate Agents, Inc., who holds my conditional salesperson's license: I have no interest whatsoever in the sale of this property and am not a part of any other pending real estate activity of a business or professional nature which might be a conflict with my secretarial duties as Stenographer/Secretary of the Board of Appeals of the Town of Southold. Linda Kowal ski aiverheed N. '' Febzn~ry 2 87 ................................................... , ~., ........................... 19 ...... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr, 'tO SM_TTH, FINFRT.gI'~:]/q, LUNDBERG,' I.qr.RR & YAKABOSKI ................................................................................. Cla,ma.,t 456 Griffing Avenue, P.O. Box 389 Addr~-~ RiverheaJ, New York 11901 Fed. I. D. No...1..1.7.~?_9.X.3.7..3..7. ............. Re: Town of Southold v. Heins orSoc. Security No. For all services rendered in the Helns v. Z.B.A. ~66886 of the Town of Southold; including initial conferenci s with secretary clerk to t_ne zoning Doara, receip~ ~,~ r~view of oehition au[l supporL/~9 pa~ers, review os all TQwn ii~es re±atmng ~o rJ~e' cc~plained of, ~nclud~ng fil~s dating back to a proc a~plication for similar relie~ ~n l~s3; pr..epara~ion os response and return, telephone calls w~tn Cha.' .~r~.an of 9card of A. ppeals and attorney ~or tne net]~nn~erS; preparat~en of memorand~n o~ l:~w, receipt and review, of responsive doc%~nents £rcr~ Det3r3mers counsel ap~ S~L%Sslon OI ~]] dccL~mants to the court fc~ consid~aLion, all leaJznq to Determination of the Courtr da~ed January 20, 1987 dismissing the petition. All of which encc~pused approximately 20.5 hours of attorneys time $ 2,562 .50 ~3 T .qRr T~ ,q~.NrF3qP,q t The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. /) Dated .......F...e~..~]~..-~....2. ........... ! ...... , 19...8.7. ...... / _ FRANCIS J. YAK~OSKI #66886 TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, lt. y., Dr. ~o....~:,. ~~.~, ~ ,, .... . ~ . ~g a~'..~..~....~ ... Postage Fed. I. D. No. 11-199-3737 or Soc, Security No. · 73 that the balance therein Stated oC~t[~g on behalf of above named Claimant) does here foregoing claim is true and COrrect and that no part thereofhasbeen paid, except as t[~r~nii~tlhdlta:~ Dated F..e~....z~.....a~. 2 is aCtually due and owing. · ' ........................ , ....... , 19 87 LtZ~5 E~Y MAP 242 ~o _LFJ_~A? OF PfC©POSED LINE -,--A,...,_ - ~0' I TO'T, A,L Af~ ~A 'zLS 859.5 f- O ~ ,~ONt PI PE ~,