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Home My WebLink About3516 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD~-,,~I,~,,-N.Y, 11g'71 ~.~ ;..'I'~EPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 35]6 Application Dated May 2], ]986 TO: Mr. and Mrs. Albert J. B0denstein 6135 Indian Neck Lane Peconic, NY 11958 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on July ]7, ]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 [X] Request for Variance to the Zoning Ordinance Article III, Section ]00-3] [ ] Request for Application of ALBERT J. BODENSTEIN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with an insufficient setback from the closest northerly property line as shown by sketched survey dated April 22, 1986. Loca- tion of Property: 6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-19. WHEREAS, a public hearing was held and concluded on June 19, 1986 in the Matter of the Application of ALBERT J. BODENSTEtN under Appeal No. 3516; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its pr~ent zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located in the "A" REsidential and Agricultural Zoning District, along the north side of Indian Neck Road, Peconic, contains a total area of .868 of an acre, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 6, Lot 19. 2. The subject premises is improved with two single-family, one-story frame houses, and accessory garage which is located in the front yard area, as shown by survey mapped April 22, 1986 by Roderick VanTuyl, P.C. (CONTINUED ON PAGE TWO) DATED: July 17, 1986. Form ZB4 (rev. 12/81) CHAIRM3kN, SOUTHOLD TOW~N OF APPEALS ZONING BOARD Page 2 - Appeal No. 3516 Matter of ALBERT J. BODENSTEIN Decision Rendered July 17, 1986 3. By this application, appellant requests permission to construct a 14' by 17' wide deck addition at the rear of the most southerly existing dwelling with a reduced setback from the nearest northerly property line at lO feet, and having a setback from the westerly property line of not less than 21½ feet. 4. It is the opinion of the board that the unusual configura- tion of the land lends to the difficulties in adhering to the setback requiremeDt, particularly the narrowness of the lot from a width of 100± feet to 51± feet. In considering this appeal, the board also finds and deter- mines: (a) that sufficient practical difficulties have been shown~ (b) that the circumstances of the premises are unique; (c) that there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is not substantial; (e) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (g) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3516 in the Matter of the Application of ALBERT J. BODENSTEIN for permission to construct deck addition with a reduction to 10 feet from the nearest northerly property line, BE AND HEREBY .IS APPROVED, SUBJECT TO THE F~LLQWING CONDITION: ~hat the setback not be closer than l0 feet, as requested. Vote of the Board: Ayes: Messrs. Doyen and Douglass (Member Sawicki was tion was duly adopted. G~ehringer, Grigonis, absent.) This resolu- lk GERARD ~ GOEHR-INGER, C~IRMAN July 21, 1986 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 of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Halls Main Road, Southold, NY on THURSDAY, JUNE 19, 1986 and as follows: 3:30 p.m. Appeal No. 3489 - PAUL LEARY for a Reversal of Decision of the Building Inspector for Nullification of Actions to issue a Modified Permit and Demolition Permit, ~n~'~that the property owners be left to regular procedures of law, ~ be allowed only after review by the Board of Appeals and in accord- ance with all provisions of law. Name of Owners/Location of Property: FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No. 1000.~117-10-20.7. (Recessed from 5/1/86) ~ 7:40 p.m. Appeal No. 3499 DANIEL AND LISA JEROME for a Special Exception oY~the Zoning Ordinance. for approval of an accessory apartment pursuant to Article III, Section-,tOO-30(B). Location of Property: 45125 Main Road, Southold, NY'; County Tax Map Parcel No. 1000-75-02-3.1. 7:45 p.m. Appeal No. 3502 GREGORY FOLLARI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate new dwelling with an insufficient setback from L6ng'PIstand Sound bluff. Sound Drive, Greenport; Lot #117, Map No. 4586; the 7:50 p.m. ApPeal Zoning Ordinance, Location of Property: North Side of i'~Map of Section FourZEastern Shores" County Tax Map ParcelT~No. 1000-33-1-15. No. 3508 DAVID MOORE for a Variance to Article XI, Section 100-119.2 for permission to locate new pool, deck and fence areas with an insufficient set- back from Long Island Sound bluff. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-17. 7:55 p.m. Appeal No. 351S HOWARD REINHART and CHARLES HYDELL for a Variance to the Zoning Ordinance, Article XI, Section lO0-118(B) and Article I}I, Section lO0-30(A) for permission to use existing buildin, g for woodworking shop and sales in this "A-40" Residential and Agricultural Zoning District. Location of Property: 43305 Main Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting June 19, 1986 Road, Peconic, NY; County Tax Map Parcel No. 1000-75-0~-16. ii8:00 p.m. Appeal No. 35t6 - ALBER~T J__z- BODENSTEI~N for a riance to the Zoning Ordinance, Article III, Section 100-31 r permission to constr'uct addition with an insufficient tback from the closest northerly property line 6s shown by etched survey dated~April 22, 1986. Location of Property: 35 Indian Neck Road, Peconic, NY; CoUnty Tax Map Parcel o. 1000-86-6-19. -- _ J 8:05 p.m. Appeal ~o. 3424 - ELEANOR LEONARD for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of two contiguous parcels, having insufficient area, width and depth. Location of Property: Along Right-of-Way off the east side of B~ Home Road (and along the end of Willow Point Road), Southo~d, NY; County Tax Map Parcels No. 1000-56-5-39, 40, and ~1. 8:10 p.m. Appeal No. 3518 - MARJORIE D. PETRAS~for a Variance to the Zoning Ordinance, A~ticle XI, .Sectio~ 100-119.2 for insufficient setback of proposed addition§ from ~utkhead along Corey Creek, at 700 Koke Drive, Southold, NY;'County Tax Map Parcel No. 1000-87-5-006. 8:15 p.m. Appeal No. 3505 - RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate proposed new dwelling with an insufficient frontyard setback. Location 6f Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport, NY; Cleaves Point, Section 3, Map No. 4650, Lot 5.~; County Tax Map Parcel No. 1000-35-5-28. 8:20 p.m. Appeal No. 3513 STEPHEN SHILOWITZ for a Variance to the Zoning Ordinance, Article XI, Section 100-1t9.2(B for permission to construct condominium complexes within 75' of bulkhead or tidal water. Location of Property: West Side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000- 49-01-25.1. Zoning District: ."M-Light-Multiple." 8:30 p.m. Appeal No. 3510 RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 B) for permission to locate proposed pool, deck and fencing within 75' of bulkhea or tidal water. Location of Property: 100 McDonald's Crossing off the South Side of Peconic Bay Boulevard, Laurel, NY; Edgemere Park Lots 12, 13, and 14; County Tax Map Parcel No. 1000- Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - June 19, 1986 145-4-15. 8:40 p.m. Appeal No. 3524 - PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article ×I, Section 100-119.2(B) for permission to locate marine fuel-storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, South~ld, NY; County Tax Map Parcel No. 1000-56-6-4, 6~ 6~1. 8:45 p.m. Appeal No. 3525 a Special Exception to the Zoning PORT OF EGYPT ENTERPRISES for Ordinance, Article VIII, Section lO0-80(B) for permission to install/rel'ocate marine fuel-storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel 'No. 1000-56~6-4, 6, 6.1. 8:55 p.m. Appeal No~ 3512 SAMUEL BAIL~ for a Variance to the Zoning Ordinance, Article III, SectionilO0~31, Bulk Schedule, for permission to construct deck add,ition and roof o~er cellar stairs which exceeds the maximum-permitted 20% lot c~?erage and roof overhang will reduced sideyard setback to less than that permitted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-01-015. The Board of Appeals will hear at said ~ime 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 hearing in question.~ For more informa- tion, please call 765-1809 (alt. 1802). Dated: ~une 9, 1986. BY ORDER OF THE S~UTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday~ J~ne 12, 1986 and forward two affidavits of publication on or before June 17th to: Board of Appeals~ Main Road, Southold, NY 1197t. lk TOBrN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~...~.~. ~.~....~. :.~.. ............... PLEASE TAKE NOTICE that your application dated ...... ~ ................ ,19 ..... County T~ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the followLqg grounds .~.~%... ~.. ~'.~'.% . . /. ~.:. ~.~.. ~..~..~.~.'..... ~..~,.~ ~...~,_ ~ ~.~ .... ~ .~...~:.~.~, ........................................................ Bu~ldzn? Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK /JYA J ROM DECISION OF BUILDING INSPECTOR T0wa C~rk S~l~J - - TO'THE ZONINGBOARD OF APPEALS, TOWN OF~SOUTHOLD,- N. Y. APPEAL NO, ~"'~--//~ DATE ... ~ -'~.~ ./.~.../,//~. ........... 1, (W) ...................... Name, 0C~ ............. A~ppellant, ...... : ._ Street and Number Municipality ..... ~e~..~e~k ....... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (:~) Albert J. Bodenstein Name of Applicant for permit of 6135 Indian Neck Lane ?etonic ~ew ,Y.o~k, Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to ~build. adcLition in back yard 1. LOCA'i'ION OF THE PROPEETY-...6.~.~.~...~n...d~.'..~..n...~.e.P.,k,..~e. ............ ~ ........... .~. ............................. Street Use District an Zoning Map .................... ..O~...6......B...19..c..k....0..6. .............. .1.9. .................. Current Owner Albert J, ]Bodenste~zn Map No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section cna Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section lO0-31 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE du~ to lack of access (State of New York Town law Chap. 62 Cons. Laws Art. 16 Sec..280A _5ubsectj~n 3 .... . . 4. PREVIOUS APPEAL A previous appeal (h~.~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) (x) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance ta the Zoning Ordinance A variance required due to insufficient rear yard set back an addition may be built enclosing the cellar s~airway, and making it accessible from the kitchen° Form ZB1 (Cont,nue REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because access to the water pump, furnace ~ud water heater in the cellar is provided or~ly by ~u exxtremely narrow ~ud steep external stai~yo Because of the die~ee between the cellar sntryway and the kitche~u door, and the extra ~epth of the cellar, the only way to provide ~Luside acce~s~ to cellar from the kitchen is to build new stairs dz~ ~u enclosure' that extends straight out from the cellar access sz~d across to the kitchen door~ 2. The hardship created is UNIQUE and is not shared by ali oroperties alike i~ the immediate vicinity of this property and 'n this use district because ~e house ie loca%sd o~ a 100~ wide ~ 225~ deep section of' prooert wki ~ -~ y . ch fronts on Indian Neck Lane° 2~~ i~mediately behind the house is a 20~ wide right-of-way dead endin~ at the point at which the ~property narrow~ to 50~ ~.ud ez~bends 3~0+ feet n~rth to .~ichmond 3. Tl~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the ~'oposed addi%'~on wouZd not ~?inge on the use of the right-of-way or the use of anybody else~ property. There are no other houees witbdn more than !50~ of the proposed addition~ STATE OF NEW YORK ) ) .. ss COUNTY OF *8t.r~[ ) t~fSignature Sworn to this 0~) day o ...................... ..~..~ ........................... 19 J;~' Notary Public SOUT~OLO ~OPERTY 'R~CO~D CARD' ....... ~'" ////~/~ TOWH OWNER FORMER OWNER DISTRICT SUB. LOT ACREAGE / BUILDING ~ES ~_0_ LAND ~ o_o___ Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plat IMP. ~qo0 t8o0 NORMAL Ac re Totoi VL. TOTAL FARM DATE BELOW Value Per Acre COMM. J IND. { CB. j MISC, Est. Mkt, Value , _~ ,,. T <~,' ~ ~:: _~ ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD / BULKHEAD DOCK ~reezewo¥ Parch Bath / FIo6rs Interior Finish Heat .Roof Type Rooms 1st Floor Patio Rooms 2nd Floor Driveway Dormer Town of Southold Board of Appeals COUNTY OF' SUFFOLK Department of Plannin$ 360-$206 July 28, 1986 Pursuant to the requirements of Sections 1323 Co 1332 of the Suffolk Cotmcy Charter, the followin8 application(s) which have bean referred to Che Suffolk County Planning tom'salon ara considered to be a matter for local datenaina- itoh. A decision of local determination should not be construed aa either an approval or a dieappro~L1. A~plicant(s) File Number(e) John M. Kerbs Eleanor D. Leonard Joyce Tese Mr. & Mrs. Ralph Stocker Armando J. Cappa Mr. & Mrs. Albert J. Bodenstein 3065 3424 3492 3505 3506 3516 Very truly yours, Lee E. Eoppelman Director of PlanninR Chief Planner Southold Town Board of'Appeals MAIN ROAD- BTATE ROAD 25 $OUTHOLD, L.I., N.Y, TELEPHONE (516) 755-1809 APPEALS BOARD MEMBERS GFRARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ~ Variance from the Zoning Code, Article III, Sectionlo0-31 __ Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3516 Applicant: Mr. and Mrs. Albert J. Bodenstein Location of Affected Land: 6135 Indian Neck Road, Peconic, NY County Tax Map Item No.: 1000-86-6-19 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 Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construc~ addition with an insufficient setback from the closest northerly property line. Copies of Town file and Dated: July 22, 1986 related documents enclosed for your review. Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N,Y, 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 21, 1986 Mr. and Mrs. Albert J. Bodenstein 6135 Indian Neck Lane Peconic, NY 11958 Re: Appeal No. 3516 (Variance) Dear Mr.~ahdMrs. Bodenstein: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have any questions, please do not he.sitate to call either our office (765-1809) or that of the buil'ding inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County GERARD P. GOEHRINGER Secretary Planning Commission EN, pursu:~nt t6 Section ~Z67 the Town LaW'and the Code the Town of Southold, the following public hearings will be held by ihe SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hail, Main Road, Southold, NY at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Sot~thold Town Hall, Main Road, Southold, NY on THURSDAY, JUNE .19, 1986 and as follows: Decision °f'tbe~ Wr for Nullifl~tion of Aetion~ to issue a Modified Permit and Demolition Permit, and that the property owt~ers he~ !eft to ? 100-31, Bulk Schedule, for ap- regularprg~edu,res, oflaw, tobe proval of two contiguous allowed °nly after.reView by the parcels, having insufficient area; Board.of Appea~ and in aCCOr- ' I ~vidth and depth. Location ot dance with all provisions of law, ,, Property: Along Right-of-Way Name of Owners/Location of i. off the east side of Bay Home Property: FRANK E. A, ND ~ Road (and along the end ot OCOUNTY OF SUFFOLK ss: f 8:00 p.m. Appeal NO. 35~,,,, ..... /ALBERT J. BODENSTEIN f&."~ a Variance to the Zoni,ng OL-'~r-fi,\ dinani:e, Article III, Se~ti~ \ . , . .... \ 100 31 for permission to con; ~ing amy sworn, says that sne ~s tne ) str;'~t addition with an insuf~ }G ISLAND TRAVELE R-WATCHMAN dent tletback from the closest_/,~ ~t,~a ~r go-thold in Suffolk County' I ,nb~the~rly property line as shown ~ ~' ............ ,, by sketched survey dated April\~f which the annexed is a printed copy, .22, 1986. LocationofProperty:\in said Long Island Traveler-Watchman 61.~ Indian Neck Road/\ / eet. Peeonic, NY; County Tax Map~ ......................... ~;~ ,.s Parcel No. 1000-86-6~19. ' .ff 8:0~ p.m. Appeal No. 3424C- ~c n~ on the ~ ELEANOR LEONARD for a .... ° ........................... Variance to th~ Zoning Or; dit~e, Article I11, Section' '...-.?=.-.-.-.-.~.... , 19 MARY BROPHY, 75 Second Street, New Suffolk, NY; Coun. ty Tax Map Parcel No. 1000-117-10-20.7. (Recessed from 5/I/86). ' 7:40 p.m. Appeal No. 3499- DANIEL AND LISA JEROME for a Special Exception of the Zoning Ordinance for approval of an accessory apartment pur- suant to Article 111, Section 100-30(B). Location of Proper- ty: 45125 Main Road, Southold, NY; County Tax Map Parcel No. 1000-754)2-3.1. 7:45 p.m. Appeal No. 350~L GREGORY FOLLARI for a Variance to the Zoning~ dinance, Article XI, Section 100-119.2 for .permission to locate new dwelling with an in- sufficient setback from Lon~ Island Sound bluff. Location Of. Property: North Side of Sound Drive, Greenport; "Map of Sec- tion Four-Eastern Shores" Lot No. 117, MapNo. 4586; Coun- ty Tax Map Parcel No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508- DAVID MOORE for a Variance lo thc Zoning Ordinance, Arti- cle Xi, Section 100-119.2 for per- mission t6 locate new pool, deck and fence areas with an insuffi- cient setback~from Long bland Sound bluff. Location of Pro- perty: North side of Souadview Avenue. Southo!d, NY; County Tax Map~ Parcel No. 1000-51-4-17. 7:55 p.m. Appeal NO. 3515- HOWARD REINHART AND CHARLES HYDELL for a Variance to the Zoning Or- dinance, Article XI,, Sectioh 100-118(B) and A;r tide III, see- tion 100-30(A} for permission to usc existing building for wood* working shop and saie~ in "A-40" Residential an0 Agricultural Zoning District. Location of Property: 43305 Main Road, Peconic, NY; Coun-' ty Tax Map Parcel No. 1000-75-01-16. Willow Point Road), Southold, e this ........... /.4 ...... day of NY; County Tax Map Pareeb No. ~000-56-5-39, 40, and 4I. 8:10 p.m. Appeal No. 3518- :.--- 1 9 Ot~'~-~ MARJORIE D. PETRAS for a ....... ' ..... Variance to the Zoning Or- dinance, Article XI, Sectior 100-119.2 for insufficient sethacl, of proposed additions frofl' bulkhead along Covey.Creek, 700 Koke Drive, Southold, N~ County Tax Map Parcel 1000-87-5-006. · 8:15 p.m. Appeal No. 3050- RALPH AND LUCILLE STOCKER for a Variance to' the Zoning Ordinance, Article' 111, Section 100-31 for. permis- sion to locate proposed new dwelling with an insufficient frontyard setback. Location of Property: 1~,80 Maple Lane (a/k/a 55 Snug Harbor Road). Greenport, NY; Cleave~ Point, Section 3, Map No. 4650, Lot. 59; County Tax Map Parcel No. 1000-35-5-28. STEPHEN SI-~I'LOWlTZ for a Variance to the Zoning Or- dina0ce, Article XI, Section 100-119.2 (B) for permission tO construct condominium com- plexes within 75' of bulkhead or tidal water. Location of Proper- ty: West Side of Sixth Street, Greanport, NY; County 'lhx Map Parcel No. 1000-49-01-25.1; Zoning District: "M-Ligh~- Multipld' 8:30 p.m. Appeal No. 3510- RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordinance, Article Xl, Section 100-119.2(B) for permis- sion to locate proposed pool, deck and fencing within 75' of bulkhead or tidal water. Loca- tion of Property: 100 McDonald's Crossing off the South Side of Peeonic Bay Bdulevard, Laurel, NYc Edgemere Park Irots 12, 13, and !4; County Tax Map Parcel NO. 1000-145-4-15. 8:40 p.m. Appeal No. 3524- PORT OF EGYPT ENTER- PRISES for a Variance the Zon- ing Ordinance, Article XI, Sec; tion 100-119.2(B) for permission to locate, marine fuel-storage tank structures in this Light" Industrial Zoning District with an insufficient set- back from landward edge of tidal Wetland and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County 'Pax Map Parcel No. 1000-56-6-4, 6 6.1. Notary Public BARBARA FORBES ~otary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires ~?~/ 19 8:45 p.m. Appeal No. 3525- PORT OF EGYPT ENTER- PRISES for a Special,Exception to the Zoning Ordinance, Arti- cle VIII, Section 100-80(B) for permission to install/ri:locate marine fuel-storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:55 p.m. Appeal No. 3512 SAMUEL BALLS for a Variance to the Zoning Ordinance, Arti- cle Ill, Section' 100-31, Bulk Schedule, for permission to con- struct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20 per-. cent lot coverage and roof overhang will reduce "sideyard setback to less than that permit- ted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County .Tax Map Parcel No. 1000-144-01-015. DATED: June 9, 1986. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of th9 hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: June 9, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT.6/12/86~36~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 -c;OUTHOLD, L.I., N.Y. 11:J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGOfllS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWtCKI TO WHOM It MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event 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. Your s- very~.~,Z ~ G'ERARD P. GOEHR[NGER CHAIRMAN Linda.Kowalski Secretary and Board Clerk Enclosure 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 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 25, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significancn 1986 APPEAL NO.: 3516 PROJECT NAME: ALBERT J. BODENSTE~N 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~n of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons inGicated 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: Permission to construct addition with an insufficient setback from the closest northerly property line as shown on sketch of 4/22/86 LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 6135 Indian Neck Road, Peconic, NY 1000-86-6-19 .... 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 impleJ mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617.13 of the SEQRA, 6 NYCRR... FOR FURTHER INFORMATION, PLEASE CbNTACT: 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. ,,f HAP OF Prg3PEr2_~.'Y ~_~U~VEYE~ F'OF~ PECON ~C mr~..,,...~: ...., . OF 50UTHOL~ H,Y Ar2EA: 0,868 AC. E3,, ~ON UI',4Et, JT ,, ./ -! .... E' '-0 FAir ~'IAP PA:FA. tO:::Z~ 86 6 l..~_.. TOWN. 0~' 50LJT HL3 L iJ,~ Ni.Y / ~ N NOTICE OF -~ HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sect/on 267 of th~ Town Low and the Code of th 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 Meet- ing of the SOUTHOLD TOWN BOARD OF APPEALS at the Loga ~C~n{inued from preVmUs pa~e ~ t~om the closest northerly prop- erty line as shown by sketched survey dated April 22, 1986. Lo- cation of Property: 6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-~/ '19. Southold Town Hall Main Road, ~ 8:05 p.m. Appeal No. 3424 - Seutbeld, NY on THURSDAY, FA,EANOR LE JUN~I0, ]986 and as fo ow~'~* ~ vtn.~ttu mr a .. · ~ " Yariance to the Zoning Ordi- , Ik Schedule, for approval Decision of the Building lnspec. torforNullificationofActionsto, oftwocontinuousporcels, having issue a Modified Permit and De- irmufficient area, width and molition Permit, and that the depth. Location of Property: property owners be left to regular procedures of law, to be allowed only after review by the Board of Appeals and in accordance with all orovisiona of law. Name of Owners/L~cation of Property: FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No. 1000q17-10- 10.7. (Recessed from 5/1/86) 7:40 p.m. Appeal No. 3499 - DANIEL AND LISA JEROME for a Special Exception of the Zoning Ordinance for approval of an accessory apartment pur- suant to Article III, Section 100- 30(B). Location of Property: 45125 Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-02-3.1. 7:45 p.m. Appeal No. 3502 GREGORY FOLLARI for a Variance to the Zoning Ordi- nance, Art/cie XI, Section 100- 119.2 for permission to locate new dwelling with an insuffi- cient setback from Long Island Sound bluff. Location of Prop- erty: North Side of Sound Drive, Greenpert; "Map &Section Four- Eastern Shores" Lot no. 117, Map No. 4586; County Tax Map Par- cel No. 1000-33-1-15. 7:50 p.m. Appea! No. 3508 - DAVID MOOREfor a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for petrols- sion to locate new pool, deck and fence areas with an insufficient setback from Long lstand Sound bluff. Location of Property: North Side of Soundview Ay- enue, Southold, NY; County Tax Map Parcel No. 1000-51-4-17. 7:55 p.m. Appeal No. 3515 - HOWARD REINHART and CHARLES HYDELL for a Variance to the Zoning Ordi- nance, Article XI. Section I00- !Id(B) and Article IlL Section i00 30IA) for permission to use ~xisting building for woodwork. ng shop and sales in this "A-40" residential and Agricultural ;oning District. Location of ¥operty: 43305 Main Road, 'econic, NY; County Tax Map 'arcel No. 1000-75-01.16. 8:00 p.m. Appeal No. 3516 -1 LBERT J. BODENSTE1N for] Variance to the Zoning Ordi-I race, Article III, Section 100-31~ r permission to construct addi-I )n with an insufficient setbac~e~ Along Right-of-Way off the east side of Bay Home Road land along the end of' Willow Point Road), Southold, NY; County Tax Map Parcels No. 1000-56-5- 39, 40, and 41. 8:10 p.m. Appeal No. 3518 - MARJORIE D. PETRAS for a Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2 for insufficient setback of proposed additions from bul- khead along Corey Creek, at 700 Koke Drive, Southoi~, County Tax Map lYarce~ 1000-87-5-006. 8:15 pm. Appeal No. 3505 - RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate proposed new dwelling ~vith an insufficient frontyard setback. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Roadb Greenport, NY; Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax Map Parcel No. 1000-35-5-28. 8:20 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ for a Variance to the Zoning Ordi- nance, Article X1, Section 100- 119.2(BI for permission to con- struct condominium complexes within 75' of bulkhead or tidal water. Location of Property: West Side of Sixth Street, Green- port, NY; County Tax Map Par- k~cel~N¢. '100~4~-01-25.1. Zoning mtrict. M-L~ght-Muft~ple.~,. 8:30 p.ra. Appeal No. ~ RICHARD AND RUTH ~ DLER for a Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2(B) for permission to locate proposed pool, deck and fencing within 75' of bulkhead or tidal water. Location of Property: 100 McDonald's Crossing offthe South Side of Peconic Bay Boulevard, Laurel, NY; Edge- mere Park Lots 12, 13, and 14; County Tax Map Parcel No. 1000-145-4-15. 8:40 .m. Appeal No. 3525 - PORT OF EGYPT ENTER. PRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-I19.2(B) for portals- sion to locate marine fuel-storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, South- old, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:45 p.m. Appeal No. 3524 - PORT OF EGYPT ENTER- PRISES for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80iR) for per- mission to install/relocate marine fuel-storage tanks in this "C-Light" Industrial Zoning dis- trict, at 6230 Main Road, South- old, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:55 p.m. Appeal No. 3512 - SAMUEI~ BAILS for a Variance to the Zoning Ordinance, Article 11I, Section 100-31, Bulk Schedule, for permission to con- struct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20 percent lot coverage and roof overhang with reduced sideyard setback to less than that permitted. Loca- tion of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. 1000-144- 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 al~o be 'submit'ted prior'to-the conclusion of'the heamng in ques- tion. For more information, please call 765~1809 (alt, 1802). Dated: June 9, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN ITJ12-5283 ;son of Greenport, in duly sworn, says that ha/she is HE SUFFOLK TIMES, 8 Weekly ~ed at Greenport, in the Town ~/of Suffolk and State of New Notice of which the annexed ia ts been regularly published in =nco each week for one ~, commencing on tho ~2 19 86 Principal Clark · thi._ '/ ~ 19~ ./ MARY K. D~GNAN ~A~ ~GLIC, ~ of ~ Y~ '~ Su~k ~un~ ~. ~9~ ~ ~ Term Expir~ Februa~9~ ( TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~-/~ DAm ....... ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Albert J* Bodenstein - 6135 Xndian ~eek L~ne 1, (We) .................................................................. or ............................................................................ Name of Appellant Street and Number ........................ .P..e..q.o.n.i.q ............................................................ ~.ffif...~gx~ ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( (x) Albert J. Bodens%ein Name of Applicant for permit of ~1~5 Indian ~eok Lane Peoonio ~ev ~ork Street and Number Municipality State ) PERMIT TO USE PERMIT FOR OCCUPANCY Per~tt to ~zild ~ddition in b~ek 1. LOCATION OF THE PROPERTY ....6.,1.~,~....l..n_.d~.,..l~,,..~..~.,.k...~,.e ........................ ,i,. ............................. Street Use District on Zoning Map .................... ,O..8.~...,.B.,1..o..o..k..,.O,.6. .............. .1.~ ................. Current Owner Albm, t d. Bodanatein MOP No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectJorl and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Ar~iole III Sea%ion 100-~1 3. TYPE OF APPEAL Appeal is mode 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 appe (~.h~) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) (x) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance A varianoe required due to insufficient rear yard eet b~ok afl addition m~y be built enolosing the oellar e~air~aye and mokin~ it aoeeeoible ~rom the kitahen. Porto Z~I (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~ HARDSHIP because ~aoeee t,o %he ~m.t. me pt~p, ft~-~e and ~tm oellar is provided only by an exxtremel~ narrow and steep external stairway. Beeause of the distanoe between the eellar entryuay and the kitchen door, and the extra depth of the eellar, the only way to provide inside a~eee to the cellar from the kitehen is to b~ild new st~rs in an e~olo~Are' that extends straight out fr~m the eellar aneess and anross to the kitohen door. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~lh® houso is loeat, ed on · lO0° wide x 225' deep seetion of property whioh fronts on Indian Neek Lane. 2~ immediately behind the house is · 20* wide riKht-of-~ay dead ending at the point at whioh the ~roperty narrows to 50' and e~.~tenda ~ feet north to Richmond Creek. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed add,%ion ~ould not, impinge on the use of the ri~ht-of-~y or the use of aayboc~ else's property. There are no other houses within more than 1~0° of the proposed addition. STATE OF NEW YORK ) ss COUNTY OF SOFFOI~. Sworn to this ............ ..~.....~. .......................... day of......' ............. ...~....~ ...................... 19 ................. NOt'M'Y PUBLIC. S~m o~ Ne~ Yet Notary Public . ~.4707878 S~lk BOARD OF APPEALS. TOWN OF SOUTHOLD : In the Matter oT the Petition of ~ f : to the Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1, Th31L/L~he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~arianc~ (Special Exception) (Special Permit) (Other) [¢irc le choice ] I, 2. That the propert~Lwh, b. ich is.the subject of ~he ~etition is Io,~ated adjac, ent to your property and is des- cribed as follows: ~,1~-% ~-.~c,t~,"Tt.,~.~ (~_.L-t.,-~., { 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~A~,~-~//~- '~ '+'C~9-z-x3-~&U~-c~ 5. That the provisions of the Southold Town Zoning Cg,d,e applicable to the relief sought by the under- signed are Article '.~ Sect/c~. / ~ O - C~ I I' 1 Section 280-^, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and beiTheardf ' ~'~'at such hearing. ~~% ~-4~ Dated: ~%~ · Petitioner Owners'Names: ~~, Post Office Addr~s (Tel. PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 637 425 181 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED NOT FOR INTERNATIONAL MAIL (See Reverse) P , State and ZiP dC~ o ~,-,,~'[-i/~'Tr Postage $~ .,~ Certified Fee -~ ¥~* Special Delivery Fee Restricted Delivery Fee Return Receipt Showing '~ to whom and Date Delivered O Return receipt showing to whom, Date, and Address of Delivery STATE OF NEW YORK ) COUNTY OF SUFFOLK) .r ?,¥ 11¢'3 ,heingdulysworn, deposesandsaysthatonthe of' ~ , 1 9 ~ , deponent mailed a true copy of the Notice set forth on the re- verse slate 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 as%er~s~of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at~"~.~.--c~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of Nota4 Public r (This side does not property owners.) have to be completed on form transmitted to adjoining BOARD OF APpeALS, TOWN OF SOUTHOLD In the Matter or the Petition of , : to the Board of Appeals of the lown of Southold : TO. i' YOU ARE H~BY NOTICE TO ADJACENT PROPERTY OWNER 1. Tha.~. it !s~he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~riance~(Special Exception) (Special Permit) (Or. he:) [¢i:¢].e cho±ce] 2. That the property wllLch isthe subject of the P,~tition is Ioc./Tted adjacent to your property and is des- cribed as follows: C~ ~ ~ ~' '~.-o.~'~.,%.,/~.._4..b,~,.~., ~'~ ~_~. 3. That the property which is the subject of such Petition is located in the following zoning district: That by suc.h Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning ~ote applicable to the relief sought by the under- signed are Article 'TT/- sectic~ /(q ~ - [ ] Section Zg0-A, New York Town Law fo~' approval of access over- ~'~ght(s)-of-wa,y. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p b37 qP5 1,&n RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVlD£D NOT FOR INTERNAT~ONAL MAIL (See Reverse) )ostage rtified Fee Special Delivery Fee Restricted Delivery Fee Showing STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on the -.31.~' day rOefrsesm;'C /U~r~ ,19 c~(a , deponeni' mailed a true copy of the Notice set forth on the re. ide 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 ro. II of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat T~'c_~/3 t C~ ; that said Notices were mailed to each of said persons by ~(registered) mail. Sworn to before me this d~ / ~ day of /'~q~ , 19 ~.~, - Notar~/ Public ' # (This side does not have to be completed on form transmitted to adjoining property owners.} BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of -- . : 1[o the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thai it i%the intention of the undersigned to petition the Board of Appeals of the Town of Soulhold to request a~ri_anc~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. Thal the property which is the subjec~ of lhp PeIition is Ioca,~d adjacent to your property and is des- cribed as follows: (~ I 3 ~' ~ ~,~r~ ~c:~t~,~_, ~.~_:~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: /~$~/--/~ ~b,~L~ $. That the provisions of the Southold Town Zoning Code applicable lo the relief sought by the under- signed are Article ~ Sectic~ ~ ~C5 ~ ~ ~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wRy. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold0 New York and you ma), then and there examine the same during regular office hours. (516) 765.-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published al least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~ Petitioner /,'~/~ /~ /~ ,~ Owners'Names: (..Y-~Lu-~]', I~~---~ Post Offic~.Addr~s ~ I ~n (Tel. ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 6~q~5 179 RECEIPT FOR cERTIFIED MAIL NO INSURANCE COVERAGE pROVIDED NOT FOR iNT£RNAT~ONAL MALL (See Reverse) ' Code rtified Fee Delivery Fee Restricted Delivery Fee Receipt Showing whom and Date Deliver Return ecep showing to and AddreSs o D Date, ~6 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: J~L~ ~"~//-f_ / I q~'<~' , being duly sworn, deposes and says that on the 2! ~t~day of' f L/ ' 19 c~/~ de onent mailed a true copy of the Notice set forth on the re- verse side hereo~, 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 ~allSessme,nt roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- fice at ~.~.~.~.x~_~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn tO ~efore me this 2 I '~ day of ~ ,19 ~ ' Not~y Public ~ LINDA J. COOin~R Notary Pubtic, State of New No 4822563, Suffolk, ~,_ ~. ~r// (This side does not have to property owners.) be completed on form transmitted to adjoining JUDITH T. TERRY Tox38q CLI. RK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 21, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Sou~hold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3516 application of Albert J. Bodenstein for a variance. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Enviro:~mental Assessment Form; information concerning new divisions of land; letter from applicants in the matter of COs; copy of the application for a building permit; and surv ay. ~j,~~ Judith T. Terry Southold Town Clerk FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...... . .O~...~...I..~ .......... 19 °~ {o ~o~rmi~o ~~...~.~.~..,~..~...~ ~ .............. a~ Location of Property . .{~ .~..~...ke~...~... )~ ' ' .... .~.~.~....~?.~... .... ..~......~...~ ........ House No. 0 Street Hamlet County Tax Map No. 1000 Section .... O..~.~ .... Block ..... .O..[0 ..... Lot .... }..~. ....... Subdivision ................. Filed Map No ................. Lot No .................. is retu~ned herewith and disapproved on the follow~g ~ounds...Q'~.~. m.. ~.. / ~..:. 3./.. ~..~...F.~ .....U. ~.~ ~...~.-.. z...-~.'..,~ .... ~ .... -.. ' ~ .. cx I ~-- , - 9 . fi' ' -~..~ ..... ~... ....... ~'.V. ..... '5 ...... .).Y .......... Building Inspector RV 1/80 The mission made by ;I.Y,S. [nvironmentai (~uality l(.~iew Act rcquir()s sub- ofeis form. and an environm(~al ,r, eview will be th~. board before any action it"taken. ,S~OaT ENVTRO),?CEUTAL A$$?.S.q, ME)IT FCP?4 (a) In order to answer the o~uestione in this short £AF is 1~ ~sst~ed that the prerarer will use c:rrentl7 available ~fo~tlcn conceding the project and l~aly ~ct~ of the action, I: i3 not a~ected chac addltlor,ai ntudiez, roeearch ' or ot~er l~:ves:igatlon~ w~l be ~dortaken. . .., (b) If any question ham been answered Yes th. proJoc~ ~7 be ai~t~tcant"~nd cc~p!et~d ~nvtrc~ental Assessment ~o~ l~ nece=:az-/. (c) ~f all questions have been an~ered No L: 1~ likely ~mc thl: projacc ..nc= ~lgnificant. {d) ~vi~en=enta1 a~se~men~ ~. W~I project reset in a large physical to :he project site or phgslcally alter more t~n 10 acres of land? . . . . ..... ~ .... Ye~ ~ - 2. Will there be a ~Jor change :o any ~lque or unusual lan~ ~o~ fo~d on the site? . · . rem X No 3. W~i proJec: alter or ~ve a large effect on an existXng body of water? . . . , . . · · . Yea X No ~. W~i proJec: h4vo a potentially large ~cb on ~o,~dwater quality? ' ' ' ' ' · · ' · . . Yes x 5. W~I project si~lftcantly'effec: dra:nage ~ on adJace~: sites? ' ' · * ' · · . · · ~o~ x 6. Will project affect any threatened or endangered plant or an~.al species? ....... . · Yes X No 7. W~I project res~: tn a major advor:~e effect on 8. W~i project have a major effect on visual c~ kno~ co be ~porcan: :o :he community? · · · .. Yes x ~o 9. Will project adversely ~pact any site or sc~c~ .... ute of historic, pro-hl~toric, or pal6ontolo&icuL "." importance or any site dominated as a crltical .':* 10, W~I project h~ve a ~or e~oc~ on exlo~g or 11. Will project result tn ~Jor tra~Blc problems or 12. Will project reg~arl7 cause objectionable o:or:~ noise, glare~ vibration, or electrical ance an a reset o~ the pro~ect'u operation? . Ye~ x ~o 1~. Will project h,~ve any i~npact ~n pubZic h~alth or WIll proJec~ Affect ~he ext~ttn~ co~un1~y b~ dlreccl7 ca~cin4 a ~rC~th tn 2er'manent pop,tis- perlod o~ have a major ne~:~lve effccc ~n ~r.e 15. I~ ~hcre p~bl~c centrovers7 ccnc~.rntng ~hc pr~je~c° Ye~ X No ~F'oday's Date) To: Re: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Albert J..Bodenstein Location of Property: ~135 Indian Neck La. Peeordc NY. Dear Sirs: not 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 property in, the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.· [ ] ~lay b'e 'located within 300 feet of tidal wetlands; however, 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 tidgi wetlands; and there is no bulkhead or c~ cnc .... wall existing 'on the premises. - [~] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Si,jnature pleasej NOTE: If proposed project falls wi~n D.E.C. jurisdiction, approval must be received eno submit66d to our office before your application can be scheduled for a public hearing. · ~.~,.'.. .~... ... '...:.:. .,~. .. .. ~NFORMATION.CONCERNING~W DIVISIONS OF LAND (Set-~fs, Minor Subdivisions, e Lots under 40,000 sq. ft. in ar~a and not on an official subdivision m~p l. Article VI, subdivision approval from the Suffolk County Department of Health (548-3327 or 2318 or 3312 for information) 2. Southold Town Planning Board approval for a set-off or minor subdivision approval.(765-1938 for applications); 3. Southold Town Zoning Board of Appeals variance(s).(765-1809). All lots within 300 of tidal wetlands and waterways: I. N.Y.S. Department of Environmental Conservation subdivision approval (751-7900 for applications and information). 2. Subdivisions, set-offs, or 'site plans require Southold Town Planning Board approvals (765-1938). x] After all approvals have been received: 1. Southold Town Building Department for Certificates Occupancy for each lot (765-1802). of Lots over 80,000 sq. ft. in area.and over 175 ft. lot width: 1. Southold Town Planning Board approval. .. Lots over 40,000 sq ft may or may not be oubJect to Suffolk County Health Department, Article VI approval. Please check with their agency (548-3327). All lots under 80,000 sq. ft. in area and under 175 ft. lot width: 1. Southold Town Board of Appeals approval (765-1809);. 2. Southold Town Planning Board approval (765-1938); 3. Southold Town Building Departm~nt, issuance of Certificates of Occupancy (765-1802). %1 AND the party of the first part, in compliance with Sect/on 13 of the Lien Law, hereby covenants that the party of the £rst part will receive the consideration for this conveyance and will hold the r/ght to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and w/Il apply the same first to the payment of the cost of the/mprovement before using any part of the total of the same for any other purpose~ The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. l~i ~ ~'iF-.RF...OF~ the party of the first part has duly executed th/s deed the day and year first above 7930 562 TH~ ]NDF_J~O~ made the ~-} day of o ~ ~ ~, p c ~, , n~neteen hundred and seventy-five GRACE E. SMITH, residing at (no number) Indian Neck Lane, Peconic, New York, and ALBERT J. BODENSTEIN and ELEANOR BODENSTEIN, his wife, both residing at (no number) Indian Neck Lane, Peconic, New York, ~yofthefirst part. ~d ALBERT J. BODENSTEIN and ELEANOR BODENSTEIN, his wife, both residing at (no number) Indian Neck Lane, Peconic, New York, as husband and wife, party of the second ~rt, wrINg, that the party of the first pan, in consideration of ten ~llars paid ~ the party of the s~ond ~rt, does hereby remise, rele~e and q~tclaim unto the par~ of the second part, the heirs or su~essors ~d assi~s of the party of the s~ond pan forever, ALL that certa/n plot, piece or parcel of land, with the buildings and improvements thereon erected, siting, lyi~andbd~R at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as f@llows: ~ BEGINNING at a concrete monument, set o~ t~e ~0rtherly line of Indian Neck Road at the southeasterly corner of thepremises herein de- scribed, being the southwesterly corner of land of William Wolosik; run- ning thence along said northerly line of Indian Neck Road two courses as follows: 1) South 76~56~10'' West 38.20 feet; 2) thence South 74011'20'' West 67.46 feet to a concrete monument and land of John G. Shipman; thence along said land of John G. Shipman, North 3~48'30" East 225.70 feet to a concrete monument set on the southerly line of a 20 foot right of way; thence along said southerly line of said right of way, South 80° 45'30" East 50.22 feet to an ironpipe; thence along the easterly end of said 20 foot right of way and along land of I.L. and F.B. Parker, and passing through a concrete monument set near the top of the bank, North 3"48'30" East 347.09 feet to the ordinary high water mark of Richmond Creek; thence along said ordinary high water mark of Richmond Creek, N~rth 82004'00'' East 51.10 feet to said land of William Wolosik; thence a~ong said land of William Wolosik and passing through a concrete monu, ment set near the top of the bank, South 3048'30'' West 544.69 feet to the point of BEGINNING. TOGETHER with a right of way over a strip of land 20 feet in width, running from thewesterly line of the premises at a point herein above described, westerly about 650 feet; and thence over a strip of land 10 feet in width, southerly about 400 feet to Indian Neck Road.- TOGETHER with all the right, title and interes~ of the pa~ties of the first part of, in and to the beach~and !an~s under water of Rich- mond's Creek in front of and adjacent tQ said premises. TOGETHER with ~1 right, title and interest, if any, of the/pa~y of the ~st pa~t in and tg~y str~ and roads abut~ng the above described pre~ses to the center lines ther~f; TOGETHER With' the a~urtenances ~d all the estate and ~ghts of the party of the first part in and to ~id presses; TO HAVe'AND TO HOLD the premises herein granted unto the party of the second part, the heirs or succesmrs and assi~s of the party of the s~ond part for~. '.~ COUNTY OF 3UFI~I~ : STAT~ OF NI~ Y~ : In the Matter of Application of Albert J. and Eleanor J. Bodenstein for a Certificate of 0ecupa~ey for 0roperty known as 61J5 Indian Meek Lane. Pec~te, Mew ~ork With re~rd to the captioned ~atter, I, Eleanor J. ~stein, to ~ ~er~o~al knowledge and through certain papers in ~ poeseemio~, do hereby deOoM a~ The u~improved property was purchased on 6/l?/{~k by Daniel C. Kluge from Irving R. Wiles and Gl&dye Wiles Jepeo~. Th~ [lugs family w~b~tly b~ilt 2 ~all a~ cottARel ther~oe~, ~ ~e~ & ~0' r~re~i~M al~oxi~atoly ~?' south from aieheo.d Creek, the other a shell e~ · 100' strip running three ap~eoxieately 225' eo~th to Meek I~y parents, An~ Clifford a~d Or&se S. S~ith, perohaaed the ~rope~ty with str~et~re~ fro& the Klu~e f~ly o~ la 19(~ ~nder eerwdt ~9~3Z dated 7/8/~ for a 1~' x IT' a further 12' ~ 2~, e~te~eio~, ~y husband a~d I b~tlt the 1~' x 17' ad~tio~ m t~e mt mid· of the cottage on the 100' porti~ of the . A .for'age abed ~s built on the 50' portion in 1~ under P~t ~ dst,~ 10/3t69. In July 1~71 Alfred Goldsmith built · rear 12' x 12' and a front ~½' · l~' extension on the waterfront cottage off Mr. & {irs. Smith. ., In October l~l Willia~ Jacobs added · 15' x 25' room with cellar to the west side and · l~, x 9' e·tension to the east side of our We ha~e no record of the permits obtained by the two tmilders., On 8/?/~ the dee~ ~s changed to sku Andrew C. and Orace E. 3mith and Albert J. and Eleanor J. Bodenstein ae .Joint tenants of the whole property. Under Permit 2980Z dated 1]/9/W~ an 18' xx 26' garage .as placed in the front yard area of the roadside house. On 10/~/7] ye were de~l~d a C.O. on our ho~se in ~rt because of the tmsatisfactory cellar stairvay, v~ich ye now vish to r~-build and On 10/21/75 the ~roperty v~s placed solely in the names of Albert J. and Eleanor J. ~odenstein. Si{ned mind 8~ur'n t~ before me this da7 of &~l, 1~6 KAREN W. BOERGESSON Nutary Public, Stat~ of Ncw York No. 4542180 Q~alified in Su ffolk~ County ~mmi~ion Expires March 30, ~9¥'7 June lO, 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 ..... erard P. Goehringer TO WHOM IT MAY CONCERN: I wish to disclose the following statement in the event the property in question should be pending a real 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