Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
ZBA-05/15/1990
. EALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio, lr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES REGULAR MEETING TUESDAY, MAY t5, 1990 A Regular Meeting was held by the Southold Town Board of Appeals on luesday, May ]5, ]990 commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Members Charles Grigonis, Jr., Serge Do.yen, Jr., Joseph H. Sawicki and James Dinizio, Jr. Board Members absent were: None Also present were Doreen Ferwerda, the Board's Secretary and Court Stenographer (per contractual agreement with the Town for stenographic services). ~roceeded with the.all the NOtice). ~ring the hearin¢ concluded .i the zhe been prepared bY copies of the board decisions as filed.with the Town~lerk's Officeand S.E.Q.R.A. declarations are attached to this cover page together with the transcriptS as the record of the board's actions for future reference. (No other minutes for this regular meeting have been prepared.) C~EALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H, Sawicki -James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southoid, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 AGENDA REGULAR MEETING TUESDAYr MAY 15~ 1990 7:30 p.m. Meeting to Order I. PUBLIC HEARINGS: 7:30 p.m. ; Variance to the 100-30A.4 building in the required Southold, 7:35 p.] Zoning permis~ less Mir 87, Block 3, 57~ 7:40 p.m. to the Zoning permission r~o -will be less LocatiOn Section 40 BlOck 0 No. 3940 - HAROLD AND SARA TA~UBIN. Ordinance, Article III A, section ~ion to construct an accessory ACcessory buildings maybe located Property Location 625 Terry Lane, Map No. 1000, Section 65, Block 1, Lot 23. 37 - PATRICK LOHN. Variance to the , Section 100-239.4 B, for ~oposed constructi°n will be , Property Location: 2480 Eouthold, County Tax Map No. 1000, Section 3935- J~M SALES AND LEASING. Variance for Lot 1i.i. 71:45 p.m. AppI. No. 39'34 - JOYLON STERN. Variance to the Zoning ~rdinance, Article XXIII, Section 100-239,4 A(.1), for permission to construct addition to one family dwelling. Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot 13. ~ Page 2 - Agenda Regular Meeting - May 15, 1990 Southold Town BOard of Appeals I. PUBLIC HEARING, continued: 7:50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in front yard area. Fence in the froht yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7:55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road ~48, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1.6. ~ 8:00 p.m. Appl. No. 3943 - GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1) (100-31C), for permission to construct an off-premises sign. Off-premises signs are not a permitted use in this district. Property Location: 69435 Route 48 & 55 Sound Road, Greenport, County Tax Map No. 1000, Section 35, Block 1, lot 8. 8:05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to' the Zoning Ordinance, Article ~II~, Section 10'0-30, for permission to set up a temporary~tent for cultural events. PropOsed tent doesn't address this condition in A'CZone District. Property Location: 18910 County ~48, Cutehogue, County Tax Map No. 1000, SectiOn 096, BloCk 04, Lot 4.3. for permission tohave .an accessory apartment. Property Location: 4300 Stillwater Avenue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. ~ND MAUREEN MONE~ 100-239.4 A, for permission'to PropOsed~co~struction will'beWithf Sound Cliff. Property Location: 2830~ Orient, County Tax Map No. 1000, Section 014, Block 02, lot 3.5. 8:20 p.m. Appl. No. 3939 - GEORGE .SCHNEIDER. Variance to ~he Zoning Ordinance, Article III, S~ction 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insufficient sideyard setback. Property Location: 800 sterling Road, Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. Page 3 - Agenda Regular Meeting - May 15, 1990 Southold Town Board of Appeals I. PUBLIC HEARING, continued: 8:25 p.m. Applo No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article IIIA, Section 100-30A.4 (100-33), for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yard setback and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Section 118 Block 04, Lot 06. ' 8:30 p.m. Appl. No. 3931 - JOSEPH'SHIPMAN. Variance to the Zoning Ordinance, Article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. 8:35 p.m.~ Appl. No. 3942 - DAVID & MARY ANN CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000,~Section 106, Block 08, Lot 51. 8:40 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, SeCtion 100-30A.3, for permission to construct a one family ~ Proposed construction will have insufficient front setback. Property Location: 13~0 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, Lot 21.6 & 21~7. 8:45 p.m. Appl. No. 3911 - WALTER RAFFERTY.' variance to the Article XXIV, Section 2~41A, (A~ticle 'on to con~ to Garage living, quarters has been dormant long enough, to loose its use thereof. 'iLocation: East , county , Section 03, Block 0 Lot 05. 8:50 p.m. ~Appl. No. 3938 - VILLAGE MARINE. Variance to the Zoning Ordinance, ArtiCle XII, Section 100-112, Article XII, Section 100-111(C)1, Article XXIII, Section 239.4, for permission to enlarge preexisting maria building and install boat raCk [outside). Property Location: 175 Bay Avenue, Mattituck, County Tax Map No. 1000, Section'122, Block 03, Lot 15.1. Page 4 - Agenda Regular Meeting - May 15, 1990 Southold Town Board of Appeals II. RESOLUTION determining N.Y.S. EnVironmental Quality Review Act status on the following Type II Actions (no further SEQRA action required): (a) Appl~ No. 3940 - Harold & Sara Taubin (b) Appl. No. 3937 - Patrick Lohn (c) Appl. No. 3935 - JCM Sales and Leasing [d) Appl. No. 3934 - Joylon Stern {e) Appl. No. 3.933 - Pamela Valentine (f) Appl. No. 3936 - Lucas Ford (g) Appl. No. 3943 - Greg's Seafood Dock & Marketing (h) Appl. No. 3945 - Bidwei1 Wineries (i) Appl. No. 3929 - VinCent Annabel (j) Appl. No. 3932 - Mathias & Maureen Mone (k) Appl. No. 3939 - George Schneider (I) Appt. No. 3932 - Robert Gr~dick (m) Appl. No. 3931 - Joseph Shipman (n) Appl. No. 3942 - David & Mary Ann Creato (o) Appl.-No. 39414- Constantine Georgipoulos (p) Appl. No. 3911 - Walter Rafferty (g) Appl. No. 3938 Village Marina IIi. DELIBERATIONS/DECISIONS (possible) (a) Appl. No. 3927 - Mark and Ellie Gordon (b) Appl. No. 390.8 - Inland Homes (Oschenreiter & LenCeski) IV. RESOLUTION approving Minutes of the following Meetings: September 21, 1989 November 8, 1989 December 19, 1989 V. RESOLUTION, scheduling ~d advertising the following matters for the May 30, 1990 ~Special~RegUlar Meeting. (a)i~ App - A;~.Lios.~ Variance: t© the'Zoning Ordinance, . Section ~00-244, fro permission to construct a deck addition to eXisitng pool. 1000-i06~1-141 (b) .Appl. No.-3914 - Eva Hal~a~ Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, . Section 100-244, Article XXIII, Section 100-239.4, for permission to construct a one family dwelling. 1000-083-01-01. Page 5 - Agenda Regular Meeting May 15, 1990 Southold Town Board of Appeals V. RESOLUTION, continued (c) Appl. No. 3895 - Robert and Ethelle Schroeder. Variance for a reversal of building inspector for change of use of land and existing building without obtaining a Certificate of Occupancy. 1000-35-5-4. (d) Appl. No. 3915 - Jordan's Partners - Variance to the Zoning Ordinance, Article VIII, Section 100-71, for permission to construct office and retail stores. (e) Appl. No. 3907 - Nicholas Aliano -'Variance to the Zoning Ordinance, Article III A, Section 100-30A.2 (Article XXV, Section 100-253 A) for permission to construct a retail/ office complex. VI. COMMUNICATIONS - Written concerns from Moore & Moore, Re: application of Michael Herbert to reopen the hearing of March 15, 1990. COMMUNICATIONS - Written concerns from Charles Cuddy, Esq., dated May 14, 1990 requests that the May 15, 1990 hearing of Village Marine be postponed. VII. MISCELLANEOUS (a)_ The Board is awaiting payment regarding the application of Gustave Wade for referral to Cramer, Voorhis & Associates. VIII. A. IX. POSSIBLE EXECUTIVE SESSION: Regarding Personnel B. Potential anticipated Article 78. UPDATES: A. LEGISLATIVE COMMITTEE: Updates for the Board for .this week's meetings. NEXT LEGISLATIVE COMMITTEE DATE: Thursday, May 24, 1990. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. loseph H. Sawicki James Diaizio, Jr. Telephone (516) 765-1809 Appl. No. 3927 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOFF L. HARRIS Supervisor Town Hall, 53095' Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Matter of MARK ANDELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard ~rea only. Property Location: Private Road g7, Fords Road, Southold, County Tax Map No. 1000, Section 087, Block 01, Lot 18.4. WHEREAS, a public hearing was held and concludedon April 19, 1990 in the matter of the Application of MARK AND ELLIE GORDON, under AppealNo. 3927; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board ~embers haVe personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the. following findings of fact: 1. The premises in question is ~ocated alon~ '~he south side of South Harbor Lane, hamlet of: SOuthold, and .is identified on the Suffolk County Ta~ Maps as District 1000, Section Block 1, Lot 18.4. 2. This is an application for Variancesfrom~th~ ZOning~ Code Article III, Section 100-33.~ as disapproved for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. 3. Article III, Section 100-33, In Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard. Page 2 - Appl. No. 3927 Matter of MARK & ELLIE GORDON Decision rendered May 15, 1990 4. The subject premises in question is improved with a one story framed house and contains an area of 4.298 acres in this R-80 Zone District, the proposed accessor~ structure will be 55 X 24. 5. Also noted for the record under Appeal No. 3887 for a tennis court in the front yard area. This Decision was approved conditionally on January 9, 1990. 6. In considering this application, the BOard finds and determines: (a) that there is no other method for appellants to pursue and placing the accessory building in any other location on the premises will require other variance relief; (b) that the area chosen for the accessory building is not ~nreasonably located; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town;. (d) that in carefully considering the reCord and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally-noted below. Accordingly on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, t6 GRANT a Variance in the matter of the application of MARK i& ELLIE GORDON as applied under Appeal No. 3927, SUBJECT TOT HE FOLLOWING CONDITIONS: wall of building only. 2. That the accessory building only be used for storage purposes (excluding shower facilities) and that anylighting be shietdedonly to the~property exclusive of thetennis court facility which shalllremain unlit.~ Page ~ - Appl. No. 3927 Matter of MARK & ELLIE GORDON Decision rendered May 15, 1990 Vote of the Board: Ayes: Messrs. Goehringer, GrigQnis, Sawicki and Dinizio (Absent Serge Doyen). This resolution was duly adopted. df GERARD P. GOEPIRINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Go~hringer. Chairman Charles Gr[gonis, Jr, Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF ~E BOARD OF APPEALS SCO-I-F L. HARRIS Supervisor Town Hall, S3095 Main Road P.O. Box 1179 Sonthold, New York ! 1971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 3908 Application of ROBERT' OCHSENREITER and EDWARD LENCESKI~ Variance for reversal of a building permit to construct a one-familydwalling. Property location: 565 Bayer Road, Mattituck, NY; County Tax Map No. 1000, Section 139, Block 3, Lot-.14. .- At a Meeting of the Southold Town Zoning Board of Appeals held on May 15, 1990, the following action was taken: WHEREAS, public hearings were held on February I~ 1990, March 29, 1990 and April 19, 1990 in the Matter of the Appli- cation filed under No. 3908; WHEREAS, at said hearings all those who desired to be heard were heard and their 'testimony'recorded; and WHEREAS, the Board Members have carefully considered:all ~estimonyand documentation submitted concerning ~s appl~catlon; and zoning classificationsi' and the surrounding areas; and Page 2 - Appl. No. 3906 Application of Ochsenreiter & Lenceski Property Owner: Inland Homes, Inc. ZBA Decision Rendered May 15, 1990 WHEREAS, the Board made the Following Findings of Fact: JURISDICTION OF THE BOARD OF APPEALS 1. One of the first issues raised in this matter is whether or not this Board has jurisdiction based upon the timing of the filing of this application for a reversal of a building permit issued by the building inspector under Permit No. 18755 on August 8, 1989 and/or concer~ing construction commenced under said permit approximately five to six months late (above ground construction)~ 2. Some of the pa-st applications considered and decided by this Board have included requests for a reversal (or otherwise-related to an improper building permit or improper construction related under a b~ilding-permit) based upon written determinations or action of a Building Inspector, including but not limited to determinations under: (a) A building permit issued by the inspector which were issued months before and were!still pending during the processing of' a review of this Board, and that either did not involve construction or improvements under said building permit or did involve construction or improvements under said permit, and as-much as a year from the date of issuance of the building p~rmit i(Artlcle XXVtII, Section 100-28IH' authorizes work to'be "commenced within twelve months after the date of issuance. ), (b) the guise of a building permit'and~which construction was built (within a year from~the issuance date 'of the permit), and which was built "inerror" under the zoning code provisions and was reviewed by the Board of-Appealsfor consideration of the nonconform- ance under the zoning code; (c) A building permit issued end'late issued a stop work notification by the building inspector to suspend all building 'activities, pending a final determination (after review) by!the Board of Appeals; (d) A determination, requirement, order, or decision made by the building inspector (inaddition to other reviews conferred by law) - (Reference: Article XXVII, Section 100-271 - Powers and Duties of the Board of ,Appeals). ' Page 3 -Appl. No. 3906 Application of Ochsenreiter & Len~eski 3. The following time periods are submitted for the record concerning the application .for building permit: under review, and activities related thereto: (a) Application filed August 2, 1989,(issued on August 8, 198~ for the' construction of a 26' x 40' deep dwelling~ (enveloPe) with sideyards at 14' and 10' with handwritten notation "...as per Building Zone Ordinance 1966 Section 307, sideyards" (reverse side, p~ge two). (b) Building Permit No. 18355Z issued August 8, 1989 concerns premises referred to as "565 Bayer Road, Mattituck, New York, County Tax Map No. 1000, Section 139, Block 3, Lot 14," owned by Richard Garcia, who later sold the land as a vacant plot_on October.2, 1989 to Inland Homes (see Deed at Liber 10950 - page 172). (c) on or about August 30, 1989 excavation started and on August 31, 1989, forms for a foundation were placed. (d) by letter dated October 18, 1989, an attorney for neighbors residing in the immediate vicinity notified the Southotd' Town Attorney's Office of the circumstances of the subject land as a merged parcel, and questioned the validity of .the vacant land.. as a separate buildable parcel for a new dwelling; (e) shortly' after this letter was sent to the Town Attorney, the media was made aware through the local newspapers published in the Township that a review was being made by t~e Town Attorney's Office as to the validity of the subject"building permit and the vacant land conditional Certificate of Occupancy also issued during 1989; 1989, the .letter sults of his review that the Code does ow a clear'legislative intent by the Town Board, although final interpretation ~ests with the Board of the Town Code by any person or representative; and the Town Attorney,s written response dated December ii, 1989 Has not furnished to the Boar,] .~ (until January 19, 199~ - the time of the filing of this application under App!. No. 3908). Jurisdiction concerning Page 4 - Appl. No. 3906 ~AppliC~tion of Ochsenreiter & Lenceski ZBA Decision Rendered May 15, 1990 interpretations is with the Board of Appeals (see Article XXVII, Section 100-271D of the Zoning ~ode of Southold Town). (g) It is understood that during the first week in January, 1990 the foundation was .'Drepa~ed ~ on January 8, 1990, the foundation backfilled. (h) The next day (January 9, 1990) certified-mail notices were sent to the adjacent property owners and to the owner of this parcel (Inland Homes, Inc.) and his attorney, uof notifica- tion and intent to file this Petition to the Board of Appeals; (i) On January 15, 1990, deck framing was started; (j). On January 19, 1990 the Petition and accompanying papers were filed with the Southold Town Clerk and Board of AppealS; (k) On January 23, 1990 a written memorandum was delivered to th~ Building Inspector requesting that a "stay be issued concerning the construction" until this Board of Appeals' application has been decided upon and further requesting his presence at a hearing of the Board to be held February 1, 1990 at 8:15 p.m. (together with delivery of copies' of documents pertinent to the file); (1) On January 26, 1990 the Building Inspector responded to the Board.of Appeals' memorandum and suggested that the Board, at this point, "get in ~Duch with the Town Attorney's Assistant to be brought up-to-date,,on events which have taken place to this point,"" and confirmed that a representative from the Building Department will be present at the Board.'s February 1,!1990 hearing; (m) On February 1, 199'0 the Building Inspector was personally servedwith copies of the Notice of Petition With Exhibits filed.with and under consideration by the Board of Appeals; (n) On February 1,' 1990 the first of three hearings were held by the Appeals and Zoning Board, at which time the question of jurisdiction of the B~oard of Appeals was discussed at.length between ~he attorney for the~ property owner, the Board of Appeals members, and the applicant(s).~ The hearing was recessed to another date in order to consult with. legal counsel. Before continuing with the other been filed within 15 to 20 days of the construction of the foundation, filed approximately 20 days after'the above-ground construction was commenced, and ~filed within the period' of time that the subject build- ing permit was pendinq, all of which are not unreasonable time periods based on past precedents and practices of this Board. ~P~ge 5~- App1. No. 390b Application of Ochsenreiter & Lenceski ZBA Decision Rendered May 15, 1990 REQUESTS UNDER Z.B.A. APPLICATION 4. By application No. 3908 filed January 19, 1990, the follow- ing requests are under consideration: (a) Reversal of determination of building inspector in granting Permit No. 18355 for the reason that the property upon which the new dwelling is %o be constructed is not a buildable lot and has not been held in single and separate ownership since April 9, 1957 as required by. Article XXIV, Section 100-281A(7), etc. (b) Reversal of determination 'of building inspector in granting Permit No. 18355 for the reason that'the property does not conform to Article IIIA, Section 100-30A(3) and Bulk Schedule the Zoning Code as to the minimum requirements for lot area, width and depth; .... (c) Reversal of determination of building inspector in granting Permit No. 18355 for the reason that the property in ques- tion does not conform to the Bulk Schedule requirements in this A-40 Zone District and does not comply with the requirements of Article XXIV, Section i00-244 of the zoning Code as applies to nonconforming lots legally in existence as of the date of that section (adopted on or about F~bruary 15, 1989); (d) Reversal of Vacant Land conditional Certificate of Occupancy dated November 28, 1988 issued to Leonard F. and Ave Maria Spano (%Z17543} for the subject premises descr/bed as "505 Bayer Road, M~ttituck,.NY, County~ Tax Map %1000-139-3-36, Map of Mattituck H~ights Lot 36). GENERAL HISTORY 1957 THROUGH 1989 5. On July 24, 1935 and prior to the enactment of zoning in Southold Town, the Map 'of Mattituck Heights was filedwiththe Suffolk County Clerk. The subject parcel, referred to as Lot shown on this 1932 Map as a 50' wide by 150' deep lot. .-Page 6 - Appl. No. 3908 Application of Ochsenreiter & Lenceski ZBA Decision Rendered May 15, 1990 GENERAL HISTORY (continued) 6. On April 23, 1957 the Southold Town Zoning Code and ZOning Maps were adopted, and from that point in time up until November 1971, the subject premises: (a) was located ,in. the A-Residential/Agricultural Zone~ District, requiring a minimum lot size of 12,500 sq. ft. per lot; and (~) was included in.the "Excepted List of Subdivisions" _ which excepted certain subdivisions from the minimum lot size requirements.(Map of Mattituck Heights of~ 1932~ included); 7. During l~71the zoning code and zon~ing maps were amended, and lots located 'in rheA-Agricultural/Residential Zone District were required to meet a minimum of 40,000 (instead-of 12,500) sq, ft. for construction of a new dwelling. Also in 1971, the "Excepted List of Subdivisions" (Article I, S~ct~o '100-12) was modified, deleting the subject Map of Ma~tituck Heights, and, including but not limited to, adding other's. It is noted'that many other s,~diVisions preexisting of the zoning code which were also not town approved were not added to the "Excepted LiSt" (examples are: Peconic Bay Properties Inc.; Reydon Shores of ~1936; Founders Estates of 1927, etc.). 8. In March 198'3 the minimum lot size requirements was increased from 40,000 to 80,000 sq. ft~ per lot,~ and 'again the .Excepted~List of' Subd~v' isions" at Article~ I, SectiOn~ 100-12 was. modified, and again the Map of Mattltuck ~e~ghts wa~ not In luded. 9. DUring 1989, the Zoning ~Code and Zoning Maps were amended; changin~ ~he zoning of the subject parcel from "A" (80,000) to "R-40" (40,000 'Sq.'ft. at ~th~s"t~me in the "Excepted List'of S SeCtion 100=12; the' Map of Mattituck Heights and other slmxlar subd~v~s~0ns (filed prior to zoning/1957). 10. At no time d~ing the period i from November .i97~ June 26, 1989 was there filed ~ ~o shOwan intent %0 reseparate the subject merged parcels, clear that the merger of the property (35&36)for this 18-year period remained unchanged. Page 7 - Appl. No. 3908 Application of Ochsenreiter & Lenceski ZBA Decision Rendered May 15, 1990 PRIOR ZONING APPEALS RECORD 10. There is no 'record of any prior application to the Southold Town Board of Appeals concerning a reduction in lot. area or width or the set-o~f of this parcel from the adjoining parcel. 1I. The division of any'lot of a size 15,000 sq. ft. into two 7,500 sq. ft. lots has required 'consideration(s) from the Board of Appeals since the adoption of the zoning code and zoning maps in 1957 to the present time (precedents in Town building department records and zoning board of appeals' records). HISTORY OF CHA~GES OF OWNERSHIP 1945 - 1989 12. The sUbject propertY (refeirred to as Lot No. 36 on the Map of Mattituck Heights) was acquired bY Paul and Helen Bittner by deed at Liber 5867 page 188 on November 19, 1965. The adjoining property (referred to: as Lot No. 35) was also acquired bY Paul and Helen Bittner on SeptEmber 5, 1945. ~pproximately a year after the second parcel was acquired in common ownership, the Town Board adopted an "ExCepted List of Subdivisions" and included Mattituck Heights.) 1~. On APril 11, '1972, both Lot!Nos. 35 and 36 were conveyed by single deed to Leonard and Ave Spano by deed at Liber 7140 cp 32. On this date, LOt N~. 35 remained Vacant land; and'haVing· been in common ownership together with the adjoining l~nd (No.'36), for. a total combined lot area of 15,000 from April 1l, 1972 until June 26, 1989. AlthoUgh the common ownership of the two contiguous Lot Nos. 35 and 36 property into one nonconforming 15,000 sq. ft. lot with an one-family dwelling constructed thereon, there was no intent by the' town or by the owners of this property during ithese 18 years to legally divide or set-off ~,S00 sq. ft. (50' x 150') for the future construction of another dwelling. All the amendments of the zoning codes are Clear that only one dwelling is Permitted per legal lot in the A and Ra40 Residential Zone District. Page 8 - Appl. No. 390 -Application of 0chsenreiter & Lenceski ZBA Decision Rendered May 15, 1990 CERTIFICATES OF OCCUPANCY OF RECORD 14. .Furnished in the record are the following Certificates of Occupancy: (a) Certificate of Occupancy (Pre-C.O.) issued March 1, 1972 by Building Inspector H. Terry certifying that the adjacent "building located at Bayer Road, Mattituck Hts. Lot No. 35 and 36 ...conforms substantially to the requirements for one-family dwelling & housing code built prior to April 1957 ...and conforms to all of the require- ments of the applicable provisions of law ...issued to Mr. and .Mrs, Paul Bittner, Owners...'House ~505 inspected February 29, 1972 .... " (Lot No. 35 and 36 combined as noted therein totalled 15,000 sq. ft. in lot area). (b) Certificate of Occupancy (vacant land) issued Novem- ber 28, 1989 Dy Building Inspector V~ Lessard.concerning.House ~505 Bayer Road, Mattituck stating the following: "...M/0 Mattituck Heights Lot 36 conforms substantially to the applicable provisions of the Zoning Code... premises are located in.the 'A' Residential Agricultural Zoned District...YOU'ARE HEREBY NOTIFIED that the above referenced lot may be built upon onl~ after the issu- ance of a building permit and c.ompliance with the follo~inq requirements .~. : (1) That the lot is held in single and separate ownership and has been held so prior to the adoption of any amendments .to our Town- Zoning Ordinance which may have increased the require- ments for lot width o~area; or may have amended front, side ...setback requirements ..., .(6) That the Board of Zoning Appeals approval has been obtained .... (Emphasis added) .~ 15~ It is also noted for the record that: (ia) the 1972 Pre C.0. was not a vacant lend'certificate and ade reference to the dwelling aS existed on both lots '(35 & 36) at . 05 Bayer Road; the'total c°~bined ~rea is 15,000 sq, ft~ (b): the 1989 certificate of Occupancy is a vacan= land conditional certificate making references to: (1) %505 Bayer Road, (2) the condition that Board Of APPealS approvat be Obtained, (3) the condition that a search be filed to show that the lot was either a single and separate lot or otherwise, and which search was not furnished as required. Fage 9 - Appl. No. 39U8 ... Application of Ochsenreiter & Lenceski Decision Rendered May 15, 1990 BUILDING PERMIT TIME PERIOD FROM AUGUST 1, 1989 TO THE PRESENT 16. There is no other record, to the best of this Board's knowledge, that there ever was any building permit filed or issued for the construction of a new (or second) dwelling on this tract of land (36). 17. The only building permit of record for a new dwelling as issued on August 8, 1989 was granted based upon an incomplete application form concerning premises at "565 Bayer Road." Questions $5, 6, 7, 10, 11, 12, 13, 14 and 15 were 'left blank; however, sketched was a diagram indicating a proposed building envelope on a 50' x 150' rectangular tract of land with setbacks. LACK OF APPROVAL(S) FROM TMM. TOWN OF SOUTHOLD FOR THIS PARCEL. AS A SET-OFF DIVISION OF LAND 18. No information has been furnished for the record to show that an application is now pending or was previously made and approved to re-separate the tracts of land referred to as Lot Nos. 35 and 36 on the preexisting (1932) Map of Mattituck ~{eights to the Southold Town Planning Board; and upon information and belief, no action was taken by the Town Planning Board to approve or other~ wise sanction this tract as a 7,500 sq. ft. lot in a grandfather or exemption clause separate and apart~from the adjacent merged tract, also a 7,500 sq. ft. tract. 19. No action was taken by the Town Board from 197~ to the present time in the Town Code to approve or authorize an exemption or grandfather clause comcerning this preexisting Map of Mattituck Heights, or Lot No. 35 and 36 as separate tracts..of land. BUILDING INSPECTOR - BUILDING PERMIT APPLICATIONS ADMINISTRATION AND ENFORCEMENT 20. Article XXVIII, Section 281 of the Zoning Code clearly provides that "...No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this ~lapter and the provisions of all other applicable laws, ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established · :" Page 10 - Appl. Application of 0chsenreiter & Lenceski Decision Rendered May 15, 1990 pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid .... " 21. Article XXVIII, Section 100-281A(7) also provides: "...A. Applications. Every application for a building permit shall contain the following information...: (7) An application for a building permit for construction on a vacant lot which is not on an approved s~bdivision map shall be accompanied by a certified abstract of title issued by a title insurance company which shall show single and separate ownership of the entire lot prior to April 9, 1957. VARIANCES REQUIRED AT.TIME OF ISSUANCE OF PERMIT 22. In considering many of the facts in this case, it is apparent by this Board that the following areas of the zoning code have not been appropriately addressed or applied for, and no authority has been given to any other board, officer or employee of the Town of Southold to waive or grant variances thereunder: (a) (c) (d) (e) (References: 8¢hedule, etc.) insufficient lot area (from 40,000 to 7,500 sq. ft. per. lot) insufficient lot width (from 150 feet to 50 feet) insufficient lot depth (from 175 feet to 150 feet) ~ insufficient side yard (from 15 feet to 14 feet) insufficient total sideyards (from 25. feet to 24 feet) Article IIIA- R40 Zone District, and Zoning Code Bulk VALIDITY OF BUILDING PERMIT 23. Pursuant to Article XXVIII, Section 100-281 of the Zoning Code, the subject building permit was issued~in violation of the zoning code, as noted,'supra, and the permit must be deemed to be invalid, null, void and of no effect. . ~P'~ge 11 - Appl. No. ~08 · -Application of Ocnse¥~'eiter & l.~ncsski Decision Rendered May 15, 1990 OTHER CONSIDERATIONS 24. "In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter (zoning) or of any other regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlaw~u! erection, construction or reconstruction, alteration ...maintenance or use or to restrain., correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in and about such premises." (Reference: Zoning Code Article XXVIII, Section 100-286 - Remedies) (Emphasis added) Z.B.A. DETERMINATION- 25. It is the position of this Board that the permit in question is and was not a valid permit since the permit was not issued in conformity with certain provisions of the zoning code (Article XXVIII, Section 100-281) including but not limited to the following areas (see Findings of Fact, supra): (a) Nonconformance concerning several area regulations under the Bulk Schedule (area, width, setbacks); (b) Lack of town approval concerning the re-separation of the northerly one-half from the southerly one-half of the subject land as two separate 7,500, sq. ft. lots (~oning code and subdivision code regulations); (c) Lack of evidence concerning the requirements"of the zoning code as to proof of single and separate o'~nership and/or a deter- mination and/or interpretation by the Board of Appeals, particularly due to the substandards of the property, etc. ACCORDINGLY, on motion by Mr. Dinizio, seconded by Mr. Goeh- ringer, it was RESOLVED, that the Building Permit referred to as %18355 is HEREBY DETERMINED to be INVALID, thereby nullifying~ and voiding the effects under said permit; and BE IT FURTHER Page 12 -Appl. No. 3908 Application of Ochsenreiter & Lenceski Decision Rendered May 15, 1990 RESOLVED, to GRANT the request under this Application for a REVERSAL of determination by the building inspector in the erroneous issuance of Building Permit ~o. I8355; and BE IT FURTHER RESOLVED, that prior ~o issuance or reissuance of any building permit, cert=f~cate of occupu~%cy or otherwise, that further application(s) be for)nelly filed, through normal proce- dures, for~consideration by the Board of Appeals, including but not limited to.the following areas of the zoning code: (a) insufficient lot area; (b) insufficient lot width; .... Jc) .~nsufficient lot depth; (d) insufficient sideyard setback at the easterly side; (e) insufficient total sideyards; (f) such other and further relief as may be deemed necessary under the zoning code (such as excessive lot coverage, etc.) ITS MAY 15, 1990 ACTION ~ ~!~ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD May 15, '1990 $.E.Q.R.~. - .... TYPE II ACTION DECLARATION SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 -Southold. New York 11971 Fax (516) 765-1823 'lCelephone: (516). 765-1800 Appeal No. 3940 Project/Applicants: County TaxMap No. Location of Project: Harold. Taubin 1000- 65-l-23 62'5 Terry _Lane, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct an accessory .building in the front yard area 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur Should be project be implemented as planned. It is deteEmined that this Board's area of jurisdiction Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. For~further information, please contact the Office of the' Board of Appeals, Town Hall, Main Road, Southold, NY 11971 ~at (516) 765-1809. mc Gerard P. Goehrin~er, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 15, 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P~O. Box 1179 Southold. New York t1971 Fax. (516) 765-1823 Telephone (516) 765-1800 -Appeal No. 3937 Project/Applicants: County Tax Map No. Location of Project: Patrick Lohn 1000- 87-3-57 2480 Minnehaha Blvd., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: -Permission to construct a storage shed and deck which will be within 75 ft. of bulkhead 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 $outhold. project be implemented as planned. It is determined .l Ls Board's co~c appli established list of~TypeII Actions. Pursuant to Section~617.2jj,, this Department-is "excluded as an involved agencY. .- This determination shall not~ howeVer,~af! agency'sinterest as an involved agency under - For further information, please contact the Office of the Board of'Appeals, -Town Hall, Main Road, Southold NY 1t971 at (516) 765-1809. ' mc (~ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 15, 1990 S.E-Q.R.A. .TYPE II ACTION DECLARATIOh~ SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box I ~79 Sxmthoid, New Yoek 11971 - Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 3935 Project/Applicants: County Tax Map No. Location of Project: JCM Sales & Leasing 1000- 40-1-ll.l 62825 CR 48, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct an accessory deck which will be within I 0 of Long Island Sound O' 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 Conserqation Law and Local Law ~44-4 of the Town of Southotd. An Environmental Assessment (Short) Form hasbeen submitted with the subject apPlicationlindicating that no significant adverse environmentaleffects are likely to occur should be project be implemented as planned. It is determined that this Board's are · concerning setba ~ _ a of 3urisdictio · ck, area _ · . n application to fail ,.~__o~,_I~t lin? ~arlan~es determines t' ~ ~uex u~e est~-~---~ ~ - - h~s auxx~nea llSt Of Type II Actions. Pursuant to Section 617.2jj, this :Department is _.excluded as an inVolved agency. This determination shall not, agency's interest as an involved agency jj. For further information, please contact the Office of the' Board(516) 765-~09.°f Appeals, Town Hall, Main Road, Southold, NY 11971 at mc (~ALY BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gfig0nis, Ir. Serge Doyen, Jr. Joseph H. Sa~vicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 15, 1990 S.E.O.R.A. TYPE II ACTION DECLARATION SCOTF L. HARRIS Supervisor Town Hall. 53095 Main .Road P.O. Box 1179 Southold. New York 11971 . Fax (516),765-1823 Telephone (516) 765-'1800 Appeal No. 3934 Project/Applicants: J0yl0n Stern County Tax Map NO. 1000- 40-]-]3 Location of Project: 63035 CR 48, Greenp0rt, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct additio~ to one-family dwelling which is within 100' of Long Island Sound This Notice is issued pursuant to PaSt 617 of .the implementing regulations ipertaining to Article 8 of the N.Y.S. ~onm~tal_Quati~y Review Act of the Environmental onserva~lon uaw and LoCal Law ~44-4 of the Town of Southold. . _ An Environmental Assessment (Short) Form has been submitted with thesllDject apPliclation indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that conc~ application to Actions. PUrsuant .excluded as an invo agency. area of jUrisdiction determines ~this.. II ~this' Department is ljj. For further information, please contac~ the~office of the Town Hall, Main Road, Southold, NY !1971 at {516) 765-1809. mc ~]~S BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr~ Joseph Hi Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SCOFF L. HARRIS Supervisor Town Hatl. 53095 Main Road P.O. Box 11'/9 ~outhold, New York 1197] .. FaX (516) 765-1823 May 1 5, 1 990Teleph°ne (516) 765-1800 T"~PE II ACTION DECLARATION Appeal No. 3933 Project/Applicants: Pamela Valentine County Tax Map No. 1000-19.2-5 & 6 Location of Project: 34655 Main Road, 0rient, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to con'struct fence in frontyard area which exceeds 4' in height This Notice is issued pursuant to Part 617 of the - implementing regui~ Environmental Review Act of the Environment~I Conservation Law and Local ,Law ~44-4 of the Town of $outhold' wil [Short)~ Form has been 'submitted that no significant adverse environmental'effects are likeiy to occur should be project beimplementedas planned. It is concerning setback application, to fallunder.the established 1 Actions. ,Pursuantto Secti0n 617.2jj, this excluded as an involved agency. This determination shall not. however agency's interest'as an involved agency For further information., please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809 mc MEMBERS Gerard P~ Ooehringer, Chairman Charles Gngoms, Jr. Serge Doyan~ Jr. Joseph H. SaWicki James Dinizi°, Jr. Telephone. (516) 765-1809 Town HaIL 53095 Main ROad BOARD OF APPEALS ' TOWN OF SOUTHOLD May 15, 1990 $.E.9.R.A. TYPEII ACTION'DECLARATION Appeal No. 3936SE Project/Applicants: County Tax Map. No. Location of Project: Lucas Fo% 1000- 63-1-1.6 43600 CR 48, Southold, NY Relief Requested/Jurisdiction Before This Board in thisProject: Erect an off-premise sign This Notice is issued pursuant toPart 617 ~of.the implementing Article Environmental Quality] the Conservation Law and Local Law #44-4 of w thati~o adverse ects arelikely project be implemented as planned. It is determinedthat<this Board's area of~jurisdiction concerning setback,:area or lot-line.~variances.~determines this applicati6n t° fall under !stablished list. of Type II Actions. this Department is Thisdetermination shall not, however~ affect an~ agency's interest as an involved agency'under SEQRA 617.2jj For furtherinformation, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc · C~Ls BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gril;vnia, Jr. Serge Doyen, Ir. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S--E.Q.R.A. TYPE II ACTION DECLARATIOn] May 15, 1990 SCOTT L. HARRIS Supervisor Town HaH, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 . Fax (516) 765-1823 Telephone (516) 765-1800 ApPeal No. 3943 SE Project/Applicants: Greg's. Seafood Dock and Marketing, Inc. County Tax Map No. 1000- 35-]-8 Location of Project~- CR 48 & Sound Rd., Sreenp0rt, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct an off premise sign.which is not a permi_tted use in this district ' This Notice is issued pursuant to Part 617 of the ~ implementing regulations pertaining to Article 8 of the N.Y.S. Environmental QuatityReview Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold~ An Environmental AssesSment (Short) Fo~m has been submitted with the subject application indicating that no significant adverse environmental effects are' likely to occur should be project be implemented as <planned. determined that this Board's area of 'uris ' . concerning setbacK, area o lot-l~nA ,,=~ .3 diction r ......... z~nces ~et~rmines this application to fall under the established list'of Ty~e II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency.s interest as an involved agency under SEQRA 617,2jj. For further information, please contact the Office of the Board{516) 765-1809.°f APpeals, Town Hall, Main Road, Sou~hOld, NY 11971 at mc (~ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May S.E-Q.R.A. TYPE II ACTION DECLARATION 15, 1990 SCOll' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (5t6) 765-1823 Telephone (516) 765-1 g00 Appeal No. 3945 Project/Applicants: County Tax Map No. Location of Project: Bidwell Vineyard's 1000- 96-4-4.3 18910 CR 48, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to set .up temporary tent for cultural events This Notice is issued pursuant to Partl 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. with ~eE~c~e~l~ ~ssm~nt. (S~rt) Form has been sub ; -~ ~ :mmxxu~uzon lndlcauing that no significan~ltted adverse environmental effects are likely tooccur should be project be implemented as planned. It is determined that this Board's area of concerning setback, area or lot-line varia jurisdictioR application ~o f 'l ~:m:~ .... : rices determines · · al_ ~_~. one es~aD±is · th~s Actions p . bed l~st of . ~ ursuant to Se ' -q . ~ Type II exc£ude~ as ' ~tlon 617.2]j, th~s Department · - an involved agency. ' is For further information, please contact the Office of the Board(516) 765-1809.°f Appeals, Town Hall, Main Road, Southold, NY 11971 at mc ~.ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawieki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. May 15, 1990 TYPE II ACTION DECLARATION SCOFF L. HARRIS Supervisor Town Hall. 53095 Main Road ~ P.O. Box 1179 'Southold, New York 11971 Fax (516)765-1823 ~elephone (516) 765~1800 Appeal No. 3929 SE Project/Applicants: Vincent Annabel County Tax Map No. 1000- ]37-2-2] Location of Project: 4300 Stil]water Ave., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct alterations for an accessory apartment This NOtice is issued pursuant to Part:617 of the with the adverse environmental eJ project be implemented as planned. been submitted no significant occur should.be It is j~risdiction termines this Actions. - excluded as an involved agency. This ~ shall not,. other agency' it as an involved agency jj. For further information,-please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc (~EALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki ,' James Dinizio, Jr. Telephone (5t6) 765-1809 Appeal No.3932 Project/Applicants: County Tax Map No. Location of Project: BOARD OF APPEALS TOWN OF SOUTHOLD May ]5, ]990 S.E.0. ~R. A. TYPE II ACTION DECLARATION SCOTF L. HARRIS Super, visor Town Hall, 53095 Main Road P.O. Box I179 '- Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mathias & Maureen Mone 1000-14-2-3.5 2830 Grandview Dr., Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct swimming pool within lO0' of Long Island Sound 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This~determination shall not,~however, affect an~ other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc ALS BOARD MEMBERS Gerard P, Goehringer, Chairman Charles Gdgonis, Jr. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. SCO!I:i' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 -Southold. New York 11971 Fax (5 t6) 765-1823 'l~elephone (516) 765-1800 May 15, 1990 TYPE II ACTION DECLARATION Appeal No. 3939 Project/Applicants: George Schneider County Tax Map No. 1000- ]04-]-29 Location of Project: 800 Sterlin§ Road, Cutch09ue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one-family dwelling with insufficient sideyard setback This Notice is issued pursuant to Part 617 of the implementing regulatiohs pertaining to Article 8 of the N.Y.S. Environmentai!~QualityReview Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment :(Short) Form has been submitted with .the subject application indicating that.no significant adverse environmental effects arelikely to occur should be project be implemented~as planned. It is determined thatPthis Board's area of jurisdiction concerning setback, area or lot-line variances determines this Actions. Pursuant to SeCtion 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617~2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY: 11971 at ' [516) 765-1809. mc '- ']ALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 Appeal No. 3923 Project/Applicants: County Tax Map No. Location of Project: BOARD OF APPEALS TOWN OF SOUTHOLD May 15, 1990' S.E.O.R.A. TYPE II ACTION DECLARATION Robert Gredick 1000-118-4-6 7825 Nassau Point Rd., Cu~chogue, NY SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 -Southold, New York 11971 Fax (516) 765-1823 l~elephone (516} 765-1800 Relief Requested/Jurisdiction Before This Board in this Project: Construct addition with insufficient front yard setback and construct garage in f~0nt yard area 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. An Environmental Assessment (Short) Form has been submitted ~_~he s__u~_.ject a~p~ication indicating that no significant ~rse envlronmennal effects are likely to occur should be prosect be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot'line variances determines this application to fall underthe established list of Type II Actions. Pursuant to Section 617.2jj, thiS Department is excluded as an involved agency. This determination ~hal~ not, however, affect any other agency's interest as an involved agenCy underI SEQRA 617.2jj. For further information, please contact the Office of the. Board of Appeals, Town Hall, Main Road Southold, NY 11971 at (516) 765-1809. ' mc LS BOARD~MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May TYPE II ACTION DECLARATION 15, ] 990 SCOTt' L: HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 -Southold, New York ! 197 ! Fax (516) 765-1823 "l;elephone (516) 765,-1800 Appeal No. 393] Project/Applicants: County Tax Map No. Location of Project: Joseph Shipman 1000- 125-1-19.7 Main Road, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Institute a secon.d business on property 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 Lawand LocaI Law #44-4 of the Town of Southotd. An Environmental Assessment (Short) Foz~n has'been submitted with the subject application indicating that no significant adverse environmental effects are likely~to occur should be project belmPtemented as planned. It is determined that"this Board's area of jurisdiction concerning Setback, area or lot-line.variances determines this application't0'fallI under the established list of Type II Actions. Pursuant to Section 617;2jj, this'Department is excluded as an'involved agency. This determination shall not,:however,.affect any agency's interest as an involved agency under SEQRA 615.2 For further information, please contact the Office of the Board of Appeals, TownHall, Main Road, Southold, NY 119~1 at` . (516) 765-1809. mc ii'ALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 15, 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION SCOIT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 - Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 3941 Project/Applicants: County Tax Map No. Location of Project: David & Mary Ann Creato 1000-106-8-51 3539 (Row) Cox Neck Road, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to hav.e a second dwelling on property 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is- -excluded as an involved agency. This determination shall not, however, 'affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board(516) 765-1809. of Appeals, Town Hall, Main Road, Southold, NY 11971 at mc TRUSTEES John M. Bredemeyer, IH, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tnthill Telephone (516) 765-1892 Iall; 53095 Main P.O. Box t179 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall; 53095 Main Road Southold, New York 11971 Fax (516) 765~1823 Telephone (516) 765-1800 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 3-2-90-59-01-21.6 & 21.7 NAME: Constantine Georgiopoulos DATE: April 25, 1990 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agenc~ for the action described below, has determined that the project will not have a significant effect on the environment. ~lease 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: DESCRIPTION OF ACTION: Construct single family dwelling, sanitary system, driveway , and place fill to meet requirements. LOCATION: Lake Drive, Southold, NY, fronting un-named Freshwater Wetlands. Tax map No. 1000-59-01-21.6-& 21.7 REASONS SUPPORTING THIS DETERMINATION: 1. Trustees. An on site inspection hasbeen conductedby the Board of 2. An environmental assessment, submittedby theapplicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc: Planning Board, Bldg. Dept., ZBA NYSDEC, Army Corps of Engineers, CAC APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May..15, 1990 TYPE II ACTION DECLARATION SCOTF L. HARRL~ Supervmor Town Hall, 53095 Main Road PIO, Box 1179 Southotd, New York 11971 · Fax (516) 765-1823 Teiephone (516) 765-1800 Appeal No. 3938 Project/Applicants: County Tax Map No. Location of Project: Village Marine 1000.~ 122~3-15.1 175 Bay Ave.., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge marina buildin§ and install boat rack_(outside) 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-I8~9. mc Southold Town Board of Appeals R~gular Meeting: May ]5~ ]990 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary ~ECEIVED AND FILED BY THE 'SOUTHOLD TOWN DATE HO~ I Town Clerk, Town-of Souiho]d