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HomeMy WebLinkAbout4052 APPEALS BOARD MEMBERS �.�,,1$t"r �;�� SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen,Jr. ' P.O.Box 1179 James Dinizio,Jr. a Southold,New York 11971 Robert A.Villa s� ''� °;. Fax(516)765-1823 Telephone(516)765-1809 - � -� Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4052. Upon Application of JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. WHEREAS, a public hearing was held on. September 26, 1991, after due and lawful notice; and all those who desired to be heard at the hearing were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; , and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact and determination: 1. By this application, appellants are seeking a determination under Article XXVIII., Section 100-281, subsection (A)7 the Zoning Code for approval or recognition of the subject lot, having a total nonconforming lot area of 22,137 sq. ft. 2. The subject premises is identified on the Suffolk County Tax Maps as No. 1000-51-4-6 and has a frontage along southerly side of Soundview Avenue of 100.0 feet. 3. It is noted for the record that a search was furnished by William Moore, Attorney, on August 15, 1991 showing that .this parcel and the westerly adjoining parcel (identified as Lot 5.1) were both acquired by Celia A. Poey on October 10, 1924 by deed at Liber 1114 cp 273, and that later on April 17, 1968, a split x ' Page 2 - Appl. No. 52 Matter of JOHN AND P�vELYN KEATING .Decision Rendered September 26, 1991 of the 59, 000+- sq. ft. parcel was made by deed conveyance to Margaret H. Lovejoy (at Liber 6333 cp 230) , and that the remaining tract (now identified as Lot 5.1) of 36,500+- sq. ft. was transferred from Celia Poey to Cortlandt Poey {also a family transfer) . 4. It is also noted for the record that: (a) each tract of land, after the split, conformed to the lot area requirements of the zoning code although no formal approvals were found for a division or set-off of land by the Planning Board, Town Board in the exceptions list, or the Board of Appeals with a grandfather clause. (b) a Certificate of Occupancy ( #4972) was prepared on January 12, 1973 to the Estate of Margaret Lovejoy indicating that the dwelling and health department approvals pre-exist the zoning ordinance. (c) the dwelling {cottage} which has existed since prior to the enactment of zoning in 1957 is proposed to be removed entirely from the premises. A. building permit for a. new dwelling (on vacant land) will be necessary, and the purchaser of this lot proposes to locate an entirely new dwelling structure in a new location which will be more distant from the bluff, and for which alternative relief for a setback at 45 feet from the bluff was conditionally granted by the Board of Appeals on June 2, .1988 under Appl. No. 3703 . 4. The copy of the survey submitted under this application shows an existing one-story frame house structure of 560 sq. ft. (enclosed floor area) as well as a 10 x 12 ft. one-story tool shed located approximately 68 feet from the front (road) property line and a minimum of 70 feet from the bluff line. 5. It is the position of this board that sufficient proof has been demonstrated showing conformance of the zoning regulations at the time of the family transfers, and which parcels have each, for the past 23 years, been in' single-and- . separate ownership. Accordingly, on motion by Grigonis, seconded by Mr. Villa, it was RESOLVED, that the lot size dimensions of this parcel identified on the Suffolk County Tax Maps as No. 1000-51-4-6 be and hereby are CONFIRMED to be recognized and approved for single-family dwelling use in this R-40 Zone District, having a lot area of 22,137 sq. ft. as applied in the Matter of the Application of JOHN AND EVELYN KEATING under Appl. No. 4052, SUBJECT TO THE FOLLOWING CONDITIONS: t { Page 3 - Appl. No. , i2 Matter of JOHN AND mvi=N KEATING Decision Rendered September 26; 1991 1. Compliance with the setback restrictions under Appl. No. 3703 rendered June 2, 1988 by the Board of Appeals and which restricts the setback of all building construction and structures to not closer than 45 feet from the top of the bluff,. except that flagstone and brick patios and walkways will be permitted to a setback of not closer than 35 feet. All setbacks must be measured from the top of the bluff line existing at the time of proposed placement, and not closer than the bluff line shown on the survey prepared by Peconic Surveyors . & Engineers, P.C. dated November 5, 1987) . 2. Compliance with all other laws, rules or regulations application to this property (recently enacted Coastal Management Law, N.Y.S. D.E.C. , local agencies, etc. , all of which are or may be in effect at the time of application for the building permit and which may require more of a setback from the bluff areas. ) 3 . An amended survey showing the correct Z.B.A. setbacks must be furnished to the appropriate permit agencies at the time of applying for a building permit instead of the November 5, 1987 survey. (The 1987 survey shows an improper, unauthorized building envelope with setbacks at 30 feet from the bluff line. ) Vote of the Board: Ayes: Messrs. Grigonis, Doyen,. Dinizio, Villa and Goehringer. This resolution was duly adopted. lk ,GERARD P. GOEHRINGER, CHAIRMAN C Q� APPEALS BOARD MEMBERS ,AS3da '.l9 SCOTT L.HARRIS j y ,'� Supervisor Gerard P.Goehringer,Chairman ��}e4, M;, �'� Charles Grigonis,Jr. Ser a Do en,Jr. � rt ;{f z �� Town Hall,53095 Main Road g Y P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa -'�, p'=ti � � <> y � " � � Fax(516)765-1823 ♦-. YN J i.: p t'�� J Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 26, 1991, commencing at the times specified below: (1) 7: 30 p.m. Appl. No. 4054 - WILLIAM A. HANDS, . JR. Variance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Zone District: General Business-B. Location of Property: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32. ( 2) 7 : 35 p.m. Appl. No. 4049. MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is Page 2 - Legal Not Hearings for September 26, 1991 Southold Town Board of Appeals substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. (3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the .Zoning Ordinance, Article XXIII , Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. (4} 7: 40 p.m. Ap .�No. 4052 - JOHN AND EVELYN KEATINC�. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. j Page 2 - Legal Not �,,� Hearings for Septe er 26, 1991 Southold Town Board of Appeals substandard in size, and is located in the R-40 -Zone District. Location of Property: 170 Dogwbod Lane, East Marion; County Tax Map No. 1000-38-5-5. (3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the .Zoning Ordinance, Article XXIII, Section 100-'239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, .NY; County Tax Map No. 1000-47-2-30. (4) 7: 40 p.m. Appl. No. 4052 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. L � N (5) 7: 4.5 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.1 . ( 6) 7 :48 p.m. Re: Appl. No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance involving the establishment of a Bed and Breakfast. Subsequent to .the Bed and Breakfast, the applicant received Special Exception approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters, with conditions. This application is made pursuant to Condition No. 1 bf the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District . and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. 1000-140-2-23 . (7) 7:50 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII , Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east iside of Williamsburg Drive (private road) , Southold, NY; County Tax Map Parcel No. 1000-78-5-12. ( 8) 8: 00 p.m. Appl. No. 4008 - ALEX HOMAYUNI and CHARLES KAPOTES. (Reconvened from March 22, 1991) . Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, ( 2)- increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District. ) Location of Property: Corner of Goldin Avenue and the south side of Soundview Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning) . ( 9) 8:10 p.m. Appl. No. 4050 - RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front yard area, ' and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1:000-62-3-20 and 19 (combined as one lot for purposes of zoning and planning for the existing use) . (10) 8:15 p.m. Appl. No. 4055 - ARTHUR TRUCKENBRODT. Variance to the Zoning Ordinance, Article III, Section 100-33 , and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. The Board of Appeals.will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. For more information, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 9/ /91 L.I. Traveler-Watchman For Publication 1. FORM NO.3 C [E 0 W IE • 1 AUG 15 1991 I, TOIVN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . , . _AIIGUST 15, 19 .91 . . To .Y4I : .William D.. Moore .(Agent,. Atty)_ JOHN & EVELYN KEATING BOX 23 . MATTITUCK, N.Y. 11952 PLEASE TAKE NOTICE that your application dated . . AUGIIST. 15,. . . . . . 119 .91 . for permit to , . . .CONSTRUCT A NEW ONE FAMILY DWELLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property 19995 SOUNDVIEW AVENUE SOUTHOLD, N.Y. HouseNo. . . . . . . . . . . Street . . . . . . . . . . . . . . . . . . . . . . .Ham/. . County Tax Map No. 1000 Section . . . 51 . . 4 6 . . . . . . Block . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . : . . . . . . . . . is returned herewith and disapproved on the following grounds . ITNDER ARTICLE %%VIII . . . . . . . . . . . . . . . . . . . . . : . . . SECTION. 100-281 (7) LOT IS NOT ON AN APPROVED SUBDIVISION MAP, AND HAS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOT. BEEN•HELD IN SINGLE AND SEPARATE OWNERSHIP PRIOR TO APRIL 9, 1957. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .••ACTION REQUIRED BY THE BOARD OF APPEALS: . . . . . . . . • . . . . . . ' . . . . . • . . . • . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Uild g. Inspector THOMA J. FISHER RV 1/80 i BOA OF HEALTH 3 S i OF PLANS FORM NO. 1 SURVEY . . . . . . . . . . . . . . . . . . . . . TOWN OFSOUTHOLD CHECK . . . . . . . . . . . . . . . . . . . . . . BUILDING DEPARTMENT SEPTIC FORM . . . . . . . . . . . . . . . . TOWN HALL SOUTHOLD, N.Y. 11971 NOTIFY TEL.: 765-1802 CALL . . . . . . . . . . . . . . . . . . . . . Examined . . . . . . . . . . . . . . . .. 19 . . . MAIL TO : Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . Lam, LJ r7p D i lDisapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k AUG 1 5 1991 I • f . . . . . . . .( . . . . . . . . Building Inspector) APPLICATION FOR BUILDING PERMIT Date . . .. . . . . . . . . . . . . . . .. 15 . . . INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining ca premises or public streets as are , and giving a detailed description of layout of cation. property must be drawn on the diagram which is part of this appli- c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, ho ode, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. .(Signature. ` ' • ' ' ' �/piican o*name, if a corporaQt,on) (Mailing address of applicant). State,whether is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . . .�Oild/ • ��/��- n/. . l� n�lr+ .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . • • . . . (Name and title.of corporate officer). • • . Builder's License No. --Plumber's License No. . . . . . . . . . . . . . . . . . . . .. . . . . Electrician's License No. . . . . . . . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done. S-OvAlo yl -4h ��� • . . . . . . . . . . . . . . . . . . . [louse Number . . . . . . . . . . . . . . . . . . . . 'Street.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Hamlet County Tax Map No. 1000 Section . . . . . . . . . . . . . . . . . Block . . . . !, . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . Lot State existing use and occupancy of premises and intended use and occupant - Q� y of proposed constriction: I. Existing use and occupancy . . . . . !."f .r7C!.c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy . . !A!6 c.� . . . .!. . .. . 7 . . . 5� �..c� . . . . . . + . . . . . . . . . .. . . . . . . . . . J 3. Nature of work (check whirl plicable : N Repair ) New.Building . . . . . . . . . . ��ciditi� . . . . . . . . . . .Utcration . . . . . . . . . . . . . . . Removal . . . . . . . . . . �/ Demolition . . . . . Other Work . . . . ... . . . . . . . . 4. Estimated Cost . . (Description) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S. If d�vclling,number of dwelling units . . . , , (to be paid on filing this application) If garage, number of cars . . . . . . . ' ' ' ' Number of dwelling units on each floor. . 6. If business. cornmcrcialor mixed•occu occupancy, . • • ' • � � • • � • � ' • " " " " " " • ' • • • • • • • • • • • • . . . . , • • ' • � . • p Y, specify nature and extent of cacti type of use . ./.✓,A, , 7, Dimensions of existing structures if any: Front . Height . . . . . . ... . Number of Stories . . . . . . . . . . . . Rear Depth . . . . . . . . . . . Dimensions of same structure with alterations or additions:� . •tions: Front O. / • � • • ' . • • ' ' '�� ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' • . . • • • • • . Depth . ... . .?.`/;.4!.'. . . . . . • . . , . . .. . . . . Rear c�: . . . . . . ' . Height . Number of Stories . . . S. Dimensions of entire new construction: Front . . . • • • • • • ' ' ' ;L .' • • • • • • • . • . ' Height Rear . . ... . . . . . . . . . . . Depth • . . . . . . . • . NulnbcrofStorics . '•" " " " " ' p ' • • • • • • 9. Size of lot: Front. '. . ./CV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. Date of Purchase 2/to j -. . . . . . ' • • • . . Rear . . . .9�; 0{. . . . . . . . . , . , Depth . 2 S: :�: J�! 1 1. Zone or use district in which • • • • • ' ' ' ' ' ' ' • • • • Name of Former Owner ESQ,p F, MA?¢ •40„�•�o r premises are situated . ,2-;•(q , 12, Does proposed construction violate any zoning law, e ' r • ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 13. Will lot be regraded , ordinance or regulation: YiFA . . . . , , , , , , • , . . . • ' ' ' ' 14. Name of ' ' ' ' ��'L Will excess fill be removed from premises: Yes • • • . No Owner of premises SalIN.��, ,Y, • • 1 r�yQN�ddress l`i99, N d r'><✓ Name of Architect . . . f .S'plf• •O• t. . . . . Phone No. .�9 Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . Address. ... . . . . . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . property loc ated within �00 feet of a tidal wet•landon*N . E - _ *If yes , Southold Town Trustees Permit may be required. . . .NO 15 .Is this rope . . . . ' PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. "t k-v Si- R V'E7 STATE OF NEW YORK COUNTY OF . . S.S (Name of individual signing contract) bang dilly sworn, deposes and says that he is the applicant above named. iis is the . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) )f said owner or owners, ands is duly authorized to perform or have performed the said work and to make and file this 'Pplication; that all statements ontained in this application are true to t11e best of his knowledge and belief;and that the Vork will be performed in the m ner set forth in t11e application filed therewith. ;worn to before me this . . . . . . . . . . . . . . . . . . . . . .day of;.1. U.?tl. .f . . . . q . . . .. 19 !�. Mary Pu c cl•FFOL� .\:�. County PATRICIA C, OORE NOTARY PUBLIC,State of NW York , No. 4861668,Suffolk County . . . . . . , Commission Expires June 16,.10WtV. ' (Signature of applicant) eil IS RECEIVED ,g2-,,sv P-h-) TOWN OF SOUTHOLD, NEW YORK � APPEAAUuL _ 0 S DECISION OF BUILDING INSPECTOR APPEAL NO. ���°� Southold Town Clock DATE ... ......... TO"THE ZONIt G~�pARD 0! APPEALS, TOWN OF SOUTHOLD, N. Y. To N F.K�ItIA A CE KEAn?n b .0f '9995r So�nJ�V�Er✓•A✓t:.......................... Name of Appellant Street and Number 50UTtAOL-D ................................................. N.Y...................HEREBY APPEAL TO .......•................ ...... State Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT N0. ......................... ........... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....�OoRt• Moo.�t.....�!:�YS...F................�........ Name of Applicant for permit of C Kst Cowl q!:►s Svi T€ 3 HATT�T1iCiG• l.��.Y.............. ......... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ; (✓� �v�Lp1Nb QfcCLM�T' - Sovn��v►�,.i /�✓G:.. s•ov7wv ...1P..-yc7............. 1. LOCATION OF THE PROPERTY ................................. ......................a:..... Street /Hamlet / Use District on Zoning Map District 1000 Section S( Blocky LotSe Current. Owner :fONaJ F. /664 ............................................................... Lot No. ...:. lvlap No. Prior Owner TATC aF M,QrRGg2t`7 La✓EsvY 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Arti cl e)77 Section `00—2' Y 0 (7) 3. TYP;E;OF APPEAL Appeal is made herewith for (please check appropriate box) ( 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 l (ha (has not) been made with respect to this decision 4• PREVIOUS APPEAL A previous appea of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ✓f request for a variance ,J7,•.................Dated SIN ••Z{. .q.gg................................. and was made in Appeal No. ....3p....... , ..... REASON FOR APPEAL ( /) A Variance to Section 280A Subsection 3 ( �) A Variance to the Zoning Ordinance is requested for the reason that 5eF--" pvTrAcA0 S-c4eDJt,&;_ Form zn1 (Continue'on other side) f 7 REASON FOR APPEAL Continued ' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unrleces"=^ spry HARDSHIP because C 2. The hardship created is UNIQUE and is not shlared by all properties alike in the immediate vicinity of this property and in .this use district because A-r7n-c#60 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because S�11"uL� STATE OF NEW YORKKv ) 6 COUNTY OF SQ#A ) ss Signature ................................ /LI .... Sworn to this .................................. day of... 19 '/ G ........................................ .. .... . ... . . tort' Public "LLIAM D.MOORE Notary Public,State of NewYork- No.4832728 Qualified in Suffolk County Commission Expires January 31,VJW 1 ` TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT �o ry F, f��"FI T/�(/G r� u�� ,-1•t G� �fry'/t,":. C, FORME OWNER - R - � N f (� E �-- i' ACREAGE ,v S TYPE OF BUILDING RES. v��� I SEAS. I VL. FARM COMM.' I IND. I CB. I MISC. LAND IMP. TOTAL DATE . REMARKS L` .2/47-- a o a�cS 2S E-3T a'L" S�-� �Ijt AGE o BUILDING C NDITION ' �EtiP /6 NORM-XL a Q o BE LO ;��BOVEo— Form Acre Value Per cre Value01-1 f jc� X L_R-�i r Tillable 1 Tillable 2 _ - - Tillable, 3 Woodland - Swampland law Brushland House Plot Total t - :r r 7 M WIN l �t.k S'r t$ i,-,"•1�tp,Ft! .'3�z �'"��'..�f7�4;���s�y��k ;. �,l �a F s M. Bldg. 3 X 3 2 / Foundation 1 f>��" r' Bath Extension �, Ai Basement -Floors BIZ Extension p. '�X.45-D d :Ext. Walls Interior Finish b Extension Fire Place Heat Porch . Attie J Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage r' :, Driveway O.,B. y . L ON G SL ISLAND S 0.-UNO - rE —� N 87' 29' 1 0" E rNE oR0/NA¢y "/`N "/ ALONG f r� LWE 2 3 N s • I-TOE OF SLOPE 9lAKD N��_ /0 WOOD ----- 2O F " �` -38 C�KHEAp s E7 r-2 rdi LL;Lil 44 Aw 4s fy�( 1l 6 Top OF BLUFF r N I 11 N i ENCLOSED 44 PORaf 30.6• pORCF! O pa.P Q 1 5rr�s 'v " + ue1� AREA = 22,137sgft. to FRAIE lie line. 42 (.00•4fo^'oF l35' ���•' 0 2 �j 4� 4 �9 O \ (l ODKf3LC l / I STOCKADE \ �"S� I FENCE 40 10.2' J S' I UTILITY V o r- C.P L 1 N SHO POLE C'3 (L 1 & 2 v 38 Q Q v i I foRe ', 't ti 3 f J 3s pn I i I c Q c eu F I� �0 2 NOTE, EXISTING ONE V I I STORY FRAME HOUSE TO BE CONVERTED i vi i TO GARAGE AND TO B RELOCATED AS SHOWN. LL ® I CV) 34 STOCKADE FENCE PrE Pr 17.52� FnD � \- �32 100.00' N 82' 16' 30" WFhO�� SOUND VIEW I VENUE. , ` TEST HOLE DARK SM.LOAM 4' SUR VE Y OF S LOAMY��' PROPERTY PALE SHAD AND SANDmvYr S&r M1TH IDx QU t_ AT SOUTHOLD TOWN OF SOUTHOLD BROWN COARSE SUFFOL K COUNTY, N. Y. SAND WIN IOx GRAVEL l 000 - 51 - 04 - 06 Scale I`' = 30' �� LANDS� Nov. 5, 1987 A I/yG�C�� 00 Prcpared iri accordance with the minimum ♦ r 1 L,�crds for title surveys as establi-hod by v_ * .Y.S LIC.NO. 49668 CERTIFIED TO' the L I.A.L.S. and approved and ad�pteJ JOHN KEA TING fcr such use by The New York State Land S $ ENGINEERS, P.C. � F Title Association. P.O. MAIN R SOUTHOLD, N.Y. 11971 i //-8B B•o.i/. //V�o - 87 - 892 t- Variance application of John & Evelyn Keating Schedule A The appellants have owned the subject premises since 1973 at which time they purchased same as improved with a pre-existing single family residence. This purchase was made in reliance upon the existence .of a certificate of occupancy issued by the Southold Town Building Department and signed by Howard Terry [Certificate of Occupancy # Z4972] In addition, the Southold Savings Bank provided the appellants with substantial financing also in reliance upon the existing certificate of occupancy. The present dwelling is a summer residence without heat. In 1988, the Keatings requested a variance to allow- the demolition of the existing residence and the construction of a new dwelling in its place. The new dwelling would actually be set back farther from the bluff on Long Island Sound than the present residence. This application was approved in application #3703' in 1988. Financial difficulties coupled with health problems prevented the Keatings from acting on the variance granted in June, 1988. The Keatings are presently under contract to sell their property, and the purchasers seek assurance that the Town of Southold recognizes the legality of the subject property as a legal lot for construction pursuant to the 1988 variance. The January, 1989 amendments to the Southold Town Zoning Ordinance now require the submission of a "single and separate" search of properties which do not meet minimum lot size requirements before a building permit can be granted. The subject property is 22,137 square feet and does not satisfy the lot size requirements of the zoning district in which it is located and a single and separate search indicates that the subject property was held in common ownership by a predecessor in title to the Keatings in 1968 before they acquired the property. A history of this property is as follows: Celia A. Poey acquired the subject property and the adjacent property to the west on October 1, 1924 from Thomas J. Phillips and Ernesta M. Phillips by deed signed and acknowledged October 4, 1924 and recorded with the Suffolk County Clerk on October 10, 1924 in Liber 1114 at page 273. In 1968 Cel i a Poey deeded the above-descri bed property in two deeds thereby splitting her property into two parcels conveying one to her son Cortlandt Poey by deed dated April 12, 1968 recorded with the Suffolk County Clerk on April 17, 1968 in Liber 6333 at page 226 and the second to her daughter Margaret H. Lovejoy 7 For the sake of convenience the application for relief together with all exhibits and testimony submitted with respect to this appeal are incorporated by reference into this application. Variance application of John & Evelyn Keating Schedule A by deed dated April 12, 1968 and recorded with the Suffolk County Clerk on April 17, 1968 in Liber 6333 at page 230. The familial relationship was established by telephone conversations with Mr. Cortlandt Poey and his son Kent Poey who confirmed this information. The zoning ordinance in effect at the time required minimum lot sizes of 12,500 square feet. Each of the two lots are nearly two times the minimum lot size. In 1973 the Keatings purchased their property from the Estate of Margaret Lovejoy by deed signed and acknowledged February 16, 1973 and recorded with the Suffolk County Clerk on February 20, 1973 in Liber 7346 at page 112. The Keatings have held this property in single and separate ownership since their purchase in 1973, and the lot itself has been in single and separate ownership since 1968 when it was conveyed to Margaret Lovejoy. At the time of their purchase, the Keatings had no reason to believe that the lot had not been held and single and separate ownership before they purchased the property and financed, same based upon the existence of a certificate of occupancy issued by the Town of Southold in 1973. In addition, a building permit and certificate of occupancy were later issued. for the adjoining property to the west for a single family residence. Moreover, the issue of the separate status of the lot was not raised when the Keatings sought zoning board approval in 1988 for the demolition of the existing residence and construction of a new single family residence. The Keatings are now in a position where they must sell their home. The purchaser has expressed a willingness to buy the property only if the Southold Town Zoning Board of Appeals recognizes this property as a separate, substandard lot for construction of a new single family residence as previously approved by this board in Appeal 3703. The financial impacts on the Keatings if the requested approval cannot be obtained will be devastating. It is therefore respectfully requested that the property identified as Suffolk County Tax Map # 1000-51-4-6 be recognized as a separate lot for single family dwelling use, that the prior variance granted for the relief provided in Appeal 3703 be reaffirmed, and that any variances necessary to construct a single family residence within the building envelope shown on the survey of the subject property prepared by Peconic Surveyors & Engineers, P.C. dated November 5, 1987 be granted. APPEALS BOARD MEMBERS f' :,UFFOC;r SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman . . Charles Grigonis,Jr. ;.'_ r - Town Hall,53095 Main Road .4 °r .. Serge Doyen,Jr. 3 = P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa Fax(516)765-1823 'Telephone(516)765-1809 _al Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 7, 1991 Moore & Moore, Esgs. P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 4052 - John and Evelyn Keating Dear Pat and Bill: Transmitted herewith for your information and file is a copy of the determination from the Suffolk County. Department of Planning in response to our referral under Section A14-23 of the Suffolk County Administrative Code. Very truly yours, Linda F. Kowalski Enclosure COUNTY OF SUFFOLk OCT - ICJ! PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING October 2, 1991 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local ' determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Keating, John and Evelyn 4052 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (51 6)360-5192 -'l ••. :_- .c APPEALS BOARD MEMBERS SCOTT L.RABBIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. 1I.y: � i Town Hall,53095 Main Road Serge Doyen,Jr. `' P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARjD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York, hereby refers the following to the Suffolk County Planning Commission : X Variance from the Zoning Code , Articlo(XXVIII Section 100-281A(7) XXIV 100-244 Variance from Determination of Southold Town Building Inspector, Special Exception , Article , Section Special Permit Appeal No . :4052 Applicant: John and Evelyn Keating Location of Affected Land : 19995 Soundview Avenue, Southold County Tax Map Item No . : 1000- 51-4-6 Within 500 feet of: Town or Village Boundary Line X 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 Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: • Applicant is requesting )jxaxxuaxx5(A)oxvxl;o. approval of nonconforming lot, not in single and separate ownership since 1957 and removal of existing dwelling. Copies of Town file and related documents enclosed for your review. Dated : October 1 , 1991 APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Ser a Do en Jr. t � " t>> Town Hall,53095 Main Road g Y �; P.O.Box 1179 James Dinizio,Jr. , Robert A.Villa ' -; Southold,New York 11971 +` �� Fax(516)765-1823 Telephone(516)765-1809 Telephone 516 P ( ) 765-1800 BOARD OF APPEALS TOWN Off'SOUTHOLD September 30, 1991 Patricia C. Moore, Esq. Moore & Moore P.O. Box 23 • Clause Commons, Suite 3 Mattituck, NY 11952 Re: Appl. No. 4052 - John and Evelyn Keating Dear Mrs. Moore: Attached please find a copy of the determination recently rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspectors for their files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Mr. and Mrs. John Keating ,o -d10-1 MOORE & MOORE Attorneys at Law I t Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 f i • J!5 i991 f L Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary August 14, 1991 Southold Town Zoning Board RE: JOHN & EVELYN KEATING of Appeals SCTM 1000-51-4-6 Southold Town Hall Main Road Southold, New York 11971 BY HAND Dear Chairman Goehringer and Members of the Board: Enclosed please find the following with respect to variance application pursuant to sections 100-244 and 100-281: 1. Notice of Disapproval [w/ survey and application] 2. Application to zoning board [3 copies] 3. Notice to Adjoining Property Owners Form w/ cert. mail receipts 4. Environmental Assessment Form 5. ZBA questionnaire 6. Certificates of Occupancy and current deed 7. Survey [4 copies] 8. Single and separate search 9. Filing check The Keatings are under contract to sell the property which is the subject of this application and are facing severe financial difficulties. The board's efforts to address this application at its earliest convenience would. be most appreciated. If you have any questions, or we can provide any additional information please do not hesitate to contact us. V ly yours, �1 atricia . Moore PCM/mr Encls. ti. 'e S -s-ithold Town Board of Appeals U-1 OU MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ACTION OF THE BOARD OF .APPEALS GERARD P.GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. D ROBERT J.DOUGLASS JOSEPH H.SAWICKI Appeal N o r3 70-3-. TO: Patricia C. Moore, Esq. as Attorney for JOHN. AND EVELYN KEATING Suite 3 , Clause Commons P.O. Box 23 Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on -June 2, 1988 the above. appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119. 2A: Application of JOHN AND EVELYN KEATING for permission to construct new dwelling and garage with an insufficient setback from top of bluff along the Long Island Sound. Location of Property: 19.995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-04-006. WHEREAS, a public hearing was held and concluded on April 14, 1988 in the Matter of the Application for JOHN AND EVELYN KEATING under Appl. No. 3703 ; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: (CONTINUED ON NEXT PAGE) n J f Page 2 - Appl. No. 3703 Matter of JOHN AND EVELYN KEATING Decision Rendered June 2_,-198.8 1. The property in question is identified on the Suffolk County Tax Maps as District ..100d, Section 51, Block 4, Lot 6, containing a total area of .510 acreage with 100. 0 ft. frontage along the north side of Soundview Avenue, Southold. The subject premises is located in the "A" Residential and Agricultural Zone District. 2. The subject premises is presently improved with a single- family cottage structure having a total livable floor area of approximately 560 sq. ft. (exclusive of porch area) and a small accessory tool shed. 3 . By this application, appellant proposes to replace the existing buildings with a new single-family dwelling structure with a new setback at not less than 40 feet from top of the bluff along the Long Island Sound, exclusive of proposed 10 ft. brick terrace structure which, would be set back 30 feet from the top of the bluff. No undetermirio" g of the area at the top of the bluff is proposed. The brick terrace will be constructed on grade and will not disturb the contours between the new dwelling and the bluff. The actual cut for the proposed basement will be not closer than 40 feet from the top of the bluff and is proposed at a depth not to exceed . four to five feet below existing grade. . (See Engineer' s report dated April 11, 1988 from Randall Woodard, P.E. , Ward Associates, P.C. ) 4. Article XI, Section 100-119.2A requires all buildings or structures proposed on lots adjacent to -the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. On-site inspections find as follows: (a) the lot slopes toward Soundview Avenue and not toward the bluff; (b) existing along the toe of the bluff is a bulkhead in good condition, and the bluff face vegetation con- sists predominately of annual weeds; (c) the cottage presently exists on posts without a basement and is shown to be setback 30 feet from its closest point to the top .of the bluff. t ddd Page 3 - Appl. No. 3703 Matter of JOHN AND EVELYN KEATING Decision Rendered June 2, 1988 6. It is the position of this Board that: (a) the relief requested its not substantial; (b) the project is not out of character with the general area; (c) the circumstances of the property are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) there is no other method feasible for appellant to pursue other than a variance; (f) in view of all the above factort, the interests of justice will be observed by the grant of the variance. Accordingly, on motion by Messrs. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance from the Provisions of Article XI, Section 100-119.2A of the Zoning Code for the placement of dwelling structure within a building-envelope area as below- specified and conditioned: 1. Setback at not less than 45 feet from the actual basement-.or _foundation. to-the .closest ,point of.. the ,top-...of -the bluff 2. Setback at not less than 35 feet from the closest point at the top of the bluff to the brick patio at existing grade or ground level; 3 . No excavating or similar activities which will disturb land area between new construction and the bluff. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, . Doyen, Douglass and Sawicki. This resolution was duly adopted. lk ERARD P. GOEHRTNGER, CAIRMAN APPEALS BOARD MEMBERS '1'i SCOTT L.HARRIS ti �0, Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. r Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio Jr. Robert A.Villa t' 4.�„ `�` Southold,New York 11971 '.` Fax(516)765-1823 Telephone(516)765-1809ti Telephone(516)765-1800 BOARD OF APPEALS TOWN OI'SOUTHOLD August 23 , 1991 Mr. and Mrs. John F. Keating 19999 Soundview Avenue Southold, NY 11971 Dear Mr. and Mrs. Keating: Recently I know you have experienced an unusual situation, and I wAnted to sneak wl_t1'1 voil 'hV iln_cnlrn,+occfill olr office became involved exactly one month ago when Frank Lattanzio, (spelling?) , attorney for the buyer called and indicated that his clients were interested in obtaining a building permit for a new house over the next couple of years, following removal of the existing house. He was assured that the 1988 variance for the bluff setback was still in effect. He did ask for assurance for a new building permit, on a vacant lot, and no assurance, however, could be made unless he provided the building inspector with a single-and-separate search (back to 1957) as required by the new zoning code {100-281(7) } . Unfortunately, between July 24th and August 7th, a search did not become available with an application for the Building Inspector to make a determination, and the advertising deadline for the August 15, 1991 hearing calendar, which was already extended, passed. I believe that many efforts were made in your behalf to re-consider the need for a variance, as was explained to me on Tuesday, August 13, 1991, following a conference between Mr. and Mrs. Moore and the Town Attorneys. The application for relief under the provisions of the new zoning code (adopted 1/10/89) was received on August 15, 1991, with all documentation, and the hearing on your application is expected to be advertised in the Long Island Traveler-Watchman, Inc. and Times-Review newspapers during the beginning of September - for a hearing to be held on September 26, 1991. We are enclosing your original check in the sum of $300. 00 and ask that you please replace this check with another check for $150. 00 made payable to the Southold Town Clerk. Page 2 - August 23 , 1991 To: Mr. and Mrs. John F. Keating I am truly sorry for difficulties created during this period. Very truly ,yours, Linda Kowalski Board Secretary Enclosures APPEALS BOARD MEMBERS �' ' ' SCOTT L.HARRIS Gerard P.Goehringer,Chairman n; `' i �' Supervisor Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. , Southold,New York 11971 Robert A.Villa Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN O� SOUTHOLD August 23, 1991 William D. Moore, Esq. Clause Commons, Suite 3 F.O. Box 23 Mattituck, NY 11952 Re: Application of John F. and Evelyn M. Keating Dear Bill: This letter will acknowledge receipt of the above variance . documentation and Notice of Disapproval dated August 15, 1991 and confirm that the Board Members will continue individual board member inspections up until the hearing date which will be the upcoming hearings calendar. Confirmation of the time and date of the public hearing will be sent by way of a copy of the Legal Notice (which will be published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review newspapers) . The hearings calendar is expected to be set for Thursday evening, September 26, 1991. At this time, we are awaiting a replacement check in the amount of $150. 00 made payable to .the Southold Town Clerk and which should be received by our office not later than September 13, 1991. We are returning the $300. 00 check received last week to Mr. and Mrs. Keating together with a copy of this letter for their update. Should you have any questions, please don't hesitate to call our office. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk cc: Mr. and Mrs. John F. Keating APPEALS BOARD MEMBERS y�4 - `�►'r SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman ,�> �✓.�, Charles Grigonis,Jr. =' Town Hall,53095 Main Road Serge Doyen Jr. yN : P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa r� �+ �• _; � Fax(516)765-1823 T a Telephone(516)765-1800 Telephone(516)765-1809 .c� BOARD OF APPEALS TOWN Off'SOUTHOLD August 23, 1991 William D. Moore, Esq. Clause Commons, Suite 3 F.O. Box 23 Mattituck, NY 11952 Re: Application of John F. and Evelyn M. Keating Dear Bill: This letter will acknowledge receipt of the above variance documentation and Notice of Disapproval dated August 15, 1991 and confirm that the Board Members will continue individual board member inspections up until the hearing date which will be the upcoming hearings calendar. Confirmation of the time and date of the public hearing will be sent by way of a copy of the Legal Notice (which will be published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review newspapers) . The hearings calendar is expected to be set for Thursday evening, September 26, 1991. At this time, we are awaiting a replacement check in the amount of $156. 00 made payable to the Southold Town Clerk and which should be received by our office not later than September 13, 1991. We are returning the $300. 00 check received last week to Mr. and Mrs. Keating together with a copy of this letter for their update. Should•. you have any questions, please don't hesitate to call our office. very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk cc: Mr. and Mrs. John F. Keating APPEALS BOARD MEMBERS OS�YFFO(/(C SCOTT L.HARRIS p� OG Supervisor Gerard P.Goehringer,Chairman h� y Charles Grigonis,Jr. c Town Hall,53095 Main Road Serge Doyen,Jr. GoP.O.Box 1179 James Din Villa Oy �� Southold,New York 11971 Robert A.Vi �Ol �a0 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.0.R.A. TYPE II ACTION DECLARATION September 12 , 1991 Appeal No. 4052 Project/Applicants: John & Evelyn Keating County Tax Map No. 1000- 51 -4-6 Location of Project: 19995 Soundview Ave . , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a new ome family dw.elling on a non-conforming lot 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 .23'3 . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me Page 6 - Appl . No. 4052 John and Evelyn Keating Hearing Transcript of September 26, 1991 Appl . No. . 4052 - JOHN AND EVELYN KEATING The Hearing opened at 7:45 p.m. r° The Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN: This survey is Peconic Surveyors , most recent date November 5, 1987 indicating the older cottage frame house on the property somewhat centrally located and skewed toward the water and the other information that is mentioned on the survey and I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Is .there someone who would like to be heard. Hello Ms. Moore, How are you? MS. MOORE: Very good, thank you. I've grown a bit since the last time . I saw you. We are here on behalf of Mr. and Mrs. Keating. The Keatings purchased this property back in 1973. They obtained at the closing Certificate of Occupancy for the existing bungalow and relying on that CO were able to obtain financing throughout the term of their ownership. In June of 1988 this Board granted a variance for the construction of a new home with the intent to demolish the existing structure and to rebuild a new home there. All in accordance with the approved appeal that you just mentioned. In January of 1989 unfortunately for the Keatings amendments were made to the Southold Town zoning code which required proof of Single and Separate ownership for building permits although the Code does not specifically state. that a single and separate search has to go back to 1957. That is the interpretation that has been given. An unecessary hardship is created by the interpretation of the zoning code onto to the Keating's-vparcel . Because of the history of . this parcel it is somewhat unique. Back in October of 1924 Celia Poey ac- quired title from Phillips for this and the adjacent property, both were owned as one parcel . In 1968 Celia Poey had two children. She conveyed, she split the parcel and conveyed one to her dauther, Margaret Lovejoy,. and the an adjacent vacant parcel to her son, Cortlandt Poey. Mr. Poey is still alive and he is a practicing lawyer in his eighties so we were able to speak to him and find out what had occurred. He told us that everything was above board, it was very open, that the split was done with the permission of the building inspector. at the time, Mr. Terry. Apparently in 1968 the zoning code excluded from the minor subdivision regulations transfers orsubsplits that were within family members and since that was the case with this parcel , the aplit was permitted. The parcels exceeded the minimum lot sizes at the time and they obtained CO' s for this existing residence and ultimately MR. Poey built a home on the adjacent parcel and obtained a CO. The Keatings are under contract to sell the property and the contract will be terminated if they are not able to obtain this variance and the Board is unable to recognize the validity of this parcel . Clear dollars proof can be shown here because there is a contract for the sale of this parcel for $202,000. That's a substantial amount of money that would be lost if this property is not recognized. Southold Savings Bank has also loaned on this parcel back in 1989 with the strength of CO that was in existence at the time. Again, the hardship is unique because of the history of this parcel . The variance would observe the spirit of the ordinance and would not change the character of the area. The prop%ed .house is a summer Page 7 - Appl . No. 4052 John and Evelyn Keating Hearing Transcript of September 26, 1991 MS. MOORE:. continued: which has this`. :current CO. It would be replaced with a home that would meet all the New York State fire prevention and building code requirements so the home that would be replaced there would be of much better and larger stature_ than what is there presently. Recognition of this parcel as a validly created parcel would 'not only be legally appropriate in this case but in the interest of justice. Because of the time restraints we have on the contract and the fact that they have been very cooperative in allowing us to extend the period of time for closing, we would respectfully request that the Board consider this appeal and if at all possible grant it this evening so we can go back and hopefully close title. Thank you. CHAIRMAN: Thank you. Is there anyone else who would like to speak in favor of this application. Anyone like to speak against the application. Seeing no hands, I ' ll make a motion closing the hearing and reserving decision .until later and call us tomorrow morning. MS. MOORE: We will call you tomorrow morning. CHAIRMAN: ALL IN FAVOR. AYE. Appl . No. 4051 - WILLIAM AND JOAN FISHLINGER The Hearing opened at 7:50 p.m. The Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN: The site plan is based upon a survey by Roderick VanTuyl , P.C. dated July 8, 1991 and it includes some extensive landscaping and decking area and steps , etc. to the rear of this particular dwelling unit and I have a copy of Suffolk County Tax Map indicating this and surrounding pro- oerties in the area. Is there someone who would like to be heard? Mr. Cichanowicz/ How are you sir? MR. CICHANOWICZ: I'm fine. CHAIRMAN: A beautiful piece of property I did see on Sunday morning rather early as the sun was coming up. A magnificient spot. What would you like to add to the hearing... MR. CICHANOWICZ: Well the biggest hardship in my client's interest is the fact that the house is now located very close to the dwelling and water and they may not have a sizable area that they can enjoy that beautiful view that they have there. A variance would allow them to extend their living area and enjoy the bauty of that little creek there. Page 20 .- Appl . No . 4055 __Arthur Tru.ckenbrodt Hearing Transcript of .September 26 , 1991 CHAIRMAN : I really can ' t answer that. BOARD ASSISTANT L . KOWALSKI : 'There is a violation on the pro- perty.. CHAIRMAN : There is a violation on the property. The applicant is seeking to rectify that violation by the nature of this application , I assume. MEMBER: It seems you got the cart before the horse . BOARD ASSISTANT L . KOWALSKI : When was it built? CHAIRMAN : Do we have any idea when it was built. MR. BOYD : It was begun. this Spring some time . I don ' t know exactly when the violation notice was put on it.. I agree it is the cart before the horse. I apologize for it but I wasn ' t there . I had nothing to do with that aspect . Certainly if he came to me I would have suggested it be done the other way around . Again , if clients always follow things I told them , I would be out of business pretty soon . CHAIRMAN : Thank you again . Hearing no further comment , I make a motion closing the hearing and reserving decision until later. ALL IN FAVOR: AYE. Theresa Reilly— (Prepared from tape recording ) C �i��puc NOTICE OF HEARINGS (6)7:4 . .Re: Appl.No.3539. STATE OF NEW YOR �- NOTICE IS HEREBY GIVEN, MICHAEL HERBERT. Application pursuant to Section 267 of the Town withdrawing Z.B.A. determination )SS: RUTH A.POLIVYODA Law and the Code of the Town of rendered September 11, 1986 con- COUNTY OF SUFFOL Notary Public,State of New York Southold,the following matters will ceming a Special Exception to the K) No.4982430 be held for public hearings before the Zoning Ordinance involving the Qualified. Suffolk County SOUTHOLD TOWN BOARD OF establishment of a Bed and Breakfast. Commission EXS APPEALS at the Southold Town Subsequent to the Bed and Breakfast, 1f,t�tUCIC, in Hall,53095 Main Road,Southold, the applicant received Special Excep- 0 said County; being duly sworn,says that he/she Is Principal NY 11971, on THURSDAY. tion approval rendered March 29 SEPTEMBER 26- 1991"commencing 1990 for two apartments,other than Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, at the times specified below: the owner-occupied manager's quar- published at MattituCk, In the Town Of Southold, County of (1)7:30 p.m. Appl.No. 4054 - ters,with conditions.This application WILLIAM A.HANDS,JR.Variance is made pursuant to Condition No. 1 Suffolk and State of New York,and that the Notice of which to the Zoning Ordinance,Article X, of the March 29, 1990 Z.B.A;'de- the annexed Is a printed copy,has been regulal published in Section 100-102(and Article XXIV, termination.The subject premises is Section 100-242A)for permission to located in the Hamlet-Business(HB) said Newspaper once each week for weeks construct addition to the rear of exist- Zone District and is substandard iw s cessivelif, commencing on the _ day of ing Principal building with a reduced size.Location of Property:795 Pike /� / easterly side yard setback and with any Street,Mattituck,NY; County Tax increase of the degree of setback Map No.1000-140-2-23. VT7 nonconformance.Zone District:Gen- (7)7:50 p.m. Appl.No. 4056 end Business-B.Location of Proper- CONSTANTINOS MARKOTSIS. C ty: 24375 Main Road,Orient,NY; Variance to the Zoning Ordinance, County Tax Map District 1000,Sec- Article XXIII,Section 100-239.4(1) ` Ci lion 1 ,Block 2,Lot 32.__._ - ........, _.. for approval of screen-enclosed deck (2) :35 p.m.AppL No.4049.MR- addition at less than the required 75 Principal Clerk ANDIMRS.JOSEPH CARPENrI'O. feet of the bulkhead. The subject Variince to the Zoning Ordinance, premises is substandard in size and Article III,Section 100-32 for pemnis- located in the R-40 Zone District,/ ; sion to construct garage addition with Location of Property: Comer of the insufficient front and side yard set- south side of Main Bayview Road and backs.The subject parcel is known ash�.- the east side of Williamsburg Drive Sworn to before this �� - _. Lot 177 of Gardiners Bay Estates, (private road),Southold,NY,County ` Section Three,is substandard in size, Tax Map Parcel No.1000-78-5-12. day Of and is located in the R-40 Zone Dis- (8) 8:00 p.m.AppL.No. 4008- trict.Location of Property: 170 ALEX HOMAYUNI and CHARLES fig_ wood Lane,East Marion;County Tax KAPOTES.(Reconvened from March. 22, 1991 . Variances to the Zoning Map No.1000-38-5-5. ) B . '.- "•— z (3)7:38 p.m. Appl.No. 4053 - Ordinance, Article XXIV,Section DOUGLAS MORRIS.Variance to 100-244B and Section 100-243A for the Zoning Ordinance,Article XXIII, permission to construct additions and Section 100-2394B for permission to accessory building:(1)exceeding the construct deck and step area within 75 maximum lot coverage requirement feet of the bulkhead along Pipes for all structures/buildings, (2) (10) 8:15 p.m.Appl.No.4055 - Cove. The subject premises is increasing or enlarging, and referred to as(combined)Lot Num- reconstructing the existing bers 24&25 and is substandard in nonconforming two-family building. ARTHUR TRUCKENBRODT.Varf- size. Location of Property: 1665 (Nonconformities of the subject ance to the Zoning Ordinance,Article Shore Drive,Gree nport,NY,County premises are:lot area;both fronS 710 III,Section 100-242,for approval of Tax p No.1000-47-2-30. yards,and two-family use in this R= an addition to existing dwelling with (4)7:40 p.m. Appl.No. 4052 40 Zone District.)Location of Prop . a reduced rear yard setback,and of an JOHN AND EVELYN KEATINC1t� erty: Comer of Goldin Avenue and accessory shed located in the side Variance to the Zoning Ordinance, the south side of Soundview Avenue, yard area. Parcel is substandard in Article.XXVIII,Section 100-281A(7) Southold,NY,County Tax Map No. -`..' size and is located in the R-80 Zone and Article XXIV,Section 100-244, 1tWI35-2-22,16,17,18,19,(all as District Location of Property:along for approval of lot which is noncon- one tract of land for purposes of zon- the westerly side of a private right-of- forming and has not been held in sin- i n way known as Deidridk Lane,Orient, gle and separate ownership since (9) 8:10 p.m. Appl. 4050 - NY; County Tax Map No. 1000-18- 1957,and upon which is proposed the RICHARD MULLEN,JR. Variance 03-27• removal of the existing dwelling. A to the Zoning Ordinance,Article X, The Board of Appeals will at said new dwelling structure will be ap- Section 100-101C,for approval of time and place hear any and all per- plied for in the future to locate'a two concrete vehicle-display pads sons or representatives desiring to be dwelling which shall not.be closer located in the northerly front yard heard in the above matters.Written than 45 feet as restricted by Appeal 41, area, and/or clarification of ZBA comments may also be submitteo7� No. 3703 rendered June 2, 1988. Appl. Nos. 3675 and 3674 as to prior to the conclusion of the subject Total lot area is substandard at 22,137 whether or not Condition No.2 of the hearing. Each hearing will not start -sq. ft. in this R-40 Zone District. November 18,1987 decision intended before the times designated.For more Location of Property: 19995 Sound- to prohibit just parking of vehicles in information,please call 765-1809. view Avenue,Southold,NY; County front of outside display at—Location Dated:September I 1991. Tax Map Parcel No.1000-5IA-6* r of party.Comer of Cottage Place BY ORDER OF THE 5)7:45 p.m. Appl.No. 4051 - and the south side of the Main Road, SOUTHOLD WILLIAM AND JOAN FISH;-A-' Southold,NY;County Tax Map No. TOWN BOARD OF APPEALS LINGER. Variance to the Zoning 1000-62-3-20 and 19 (combined as GERARD R GOEHRINGER Ordinance,Article XXIII,Section one lot for purposes of zoning and CHAIRMAN 100-239AB for permission to con- planning for the existing use). strict decks and steps between rear of existing dwelling and existing bulk- 9c head.Parcel is conforming as to lot By Linda Kowalski size in this R-40 Zone District. Lo- cation of Property: 1935 Pine Tree Road,Cutchogue,NY;County Tax Map No.1000-98-1-11.1. J NOTICE OF HEARINGS 7:40 p.m. Appl. No. 4052- Bed and Breakfast, the appli- 8:10 p.m. Appl. No. 4050- JOHN AND EVELYN _ cant received Special Exception RICHARD MULLEN. JR. KEATING.Variance to the Zon- roval rendered March 29, Variance to the Zoning Or- NOTICE IS HEREBY GIV PP ing Ordinance,Article XXVIII, 1990 for two apartments,EN,pursuant to Section 267 of p rtments,other dinance, Article X, Section The Town Law and the Code of Section 100-281A(7)and Article than the owner-occupied '> 100-101C, for approval of two. the Town of Southold, the XXIV,Section 100-244, for ap- _ manager's quarters,with condi- concrete vehicle-display pads following matters will be held proval of lot which is noncon- tions. This application is made . located in the northerly front forming and has not been held pursuant to Condition No. 1 of yard area, and/or, clarification for public hearings before the SOUTHOLD TOWN BOARD in single and separate ownership the March 29, 1990. Z.B.A. I. of ZBA Appl. Nos. 3675 and OF APPEALS at the Southold since 1957, and upon which is determination. The subject 3674 as to whether or not Con- Town Hall, 53095 Main Road, Proposed the removal of the ex- premises is located in the dition No. 2 of the November- Southold, dwelling.A new dwelling Hamlet-Business HB Zone 18, 1987 decision intended to Southold, NY 11971, on ( ) structure will be applied for in ' District and is substandard in prohibit just parking of vehicles THURSDAY,SEPTEMBER 26, j P g the future to locate a dwelling size. Location of 1991, commencing at the times Property: 795 in front of outside display area. specified below: which shall not be closer than 45 Pike Street, Mattituck, NY; Location of Property:Corner of feet as restricted by Appeal No. Count 7:30 p.m..Appl. No. 4054- 3703 rendered June 2, 1988 y Tax Map No. Cottage Place and the south side ren . WILLIAM A. HANDS, JR., 1000-140-2-23. of the Main Road, Southold, Variance to the Zoning Or- Total lot area is substandard at 7:50 p.m. Appl. No. 4056- NY; County Tax Map No. 22,137 sq. ft. in this R-40 Zone CONSTANTINOS MARKOT 1000-62-3-20 and 19 combined dinance, Article X, Section ( 100-102(and Article XXIV,Sec- District. Location of Property: SIS.Variance to the'Zoning Or- as one lot for purposes of zon- tion 100-242A)for permission to 19995 Soundview Avenue, dinance,Article XXIII,Section ing and planning for the existing construct addition at the rear of Southold,NY;County Tax Map 100-239.4(B) for approval of use). existing principal building with Parcel No. 1000-51-4-6. screen-enclosed deck addition at 8:15 p.m. Appl. No: 4055- 7:45 p.m. Appl. No. - less than the required 75 feet of ARTHUR TRUCKENBRODT.- a reduced easterly side yard set- q WILLIAM AND JOAN the bulkhead. The sub Variance to the Zoning Or- degree and with an increase of the subject g FISHLINGER.Variance to the remises is substandard in size dinance, Article III, Section degree of setback nonconfoc- P mance. Zone District: General Zoning Ordinance, Article and is located in the R-40 Zone 1.00-33,and Article XXIV,Sec- Business-B.Location of Proper- XXIII, Section 100-239.413 for District. Location of Property: tion 100-242,for approval of an. ty: 24375 Main Road, Orient, Permission to construct decks Corner of the south side of addition to existing dwelling NY; County Tax Map District and steps between rear of ex- Main Ba view•Road and the with a reduced rear yard set- g g g east side of Williamsburg Drive back and of an accessory istin dwelling and existing ry shed+ 1000, Section 18, Block 2, Lot g 32 bulkhead.Parcel is conforming (private road), Southold, NY; located in the side yard area. i 7:35 p.m. Appl. No. 4049- as to lot size in this R-40 Zone County Tax Map Parcel No. Parcel is substandard in size and MR. AND MRS. JOSEPH District. Location of Property: 1000-78-5-12. is located in the R 80 Zone 1935 Pine Tree Road, Cut- 00-7 -1 Appl. District. Location of Property: CARPENITO:..Variance to the P• PP. No. 4008- along the westerly side of-a- Zoning Ordinance, Article III; chogue, NY, County Tax Map ALEX HOMAYUNI and private right-of-way known as Section 100-32 for permission to.' o• No. 1000-98-1-11.1. CHARLES KAPOTES. P 7:48 p.m.Re:Appl.No.3539:" Reconvened from March 22, County ck Lane, Orient, N construct garage addition with ( County Tax Map No. MICHAEL HERBERT. Ap- 1991 Variances to the Zoning 1000-18-03-27.insufficient front-and side yard )• g ' A B Z i plication withdrawing . . Ordinance setbacks. The subject parcel is , Article XXIV, Sec- The Board of Appeals will at t eermination rendered tion 100-244B known as Lot 177 of Gardeners d and Sections; said time and place hear any and September 1P, 1986 concerning 100-243A, for Bay Estates, Section Three, is a Special Exception to the Zon- Permission to �� all persons or representatives substandard in size, and is P P construct additions and ac- desiring to be heard in each of located in the R-40 Zone ing Ordinance involving the cessory building: (1) exceeding the above matters.Written com- v establishment of a Bed and the maximum lot coveragements may also be submitted District. Location of Property:170 Dogwood Lane, East Breakfast. Subsequent to the q urirement for all truc- Prior to the conclusion of the Marion; County Tax Map No. tures/buildings,(2)increasing or subject hearing. Each hearing g 1000-38-5-5. , and reconstructing enlarging, will not start before the times � g� designated. For more informa- i 7:38 p.m. Appl. No 4053- the existing nonconforming two- des g DOUGLAS MORRIS.Variance5.- family building. (Nonconfor- tion, please call 765-1809. mities of the to the Zoning Ordinance, Arti- subject premises Dated: September 12, 1991. cle XXIII, Section 100-239.4B are: lot area, both front yards, BY ORDER OF THE for permission to construct deck and two-family use in this R 40 SOUTHOLD TOWN BOARD OF APPEALS and step area within 75 feet of Zone District.)Location of Pro- GERARD P. GOEHRINGER the bulkhead along Pipes Cove. perty:Corner of Goldin Avenue CHAIRMAN The subject premises is referred and south side of Soundview By: Linda Kowalski to as (combined) Lot Numbers ; Avenue,Southold,NY;County 1X-9/19/91(42) • 24 & 25 and is substandard in Tax Map No. 1000-135-2-22, 160 size.Location of Property: 1665 i 17, 189 19, (all as one tract of r =) =--- Shore Drive, Greenport, NY; land for ur oses of zonin ! ! \. ? County Tax Map No. i I— 1000-47-2-30. t i ' ii' CEP 231 " ..1 �;, COUNTY OF SUrr" S'I'A'1'1: OF NEW YOIZK ss: Patricia Wood,' being duly sworn, says that she is the Editor, of T1-IE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, b.is been ,hubIishC(I in Said Long Island 'I'raveler•Watchman once each week for . . . . . . . . . . . . . . . . . . . . . l. . . . . weeks I � � SUCCCSSIVCIy, commencing; on the /':�i . day of . . . . . . . . ---- 19 7 Sworn to before me Ihis .:. . . . . . . . . . . . . . . . . . . . (lay of . . . . . . . . . . . . . . . . . . . . . . . . .� 'fiLrz?�4✓�.X/C^,i.` '�;":l/. . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St^te of New York No. 480G846 Qualifie(1 in Suffolk Coy ly/ Commission Expires 3i/�� j i . . 1. Q, .�J � OR (6d _. AIJ Copies of legal notice for the September 26, 1991 hearings were mailed to the following 9/13/91: Mr. William A. Hands, Jr. 295 Willow Terrace Orient, NY 11957 Mr. Warren Sambach (picked up 9/13) P.O. Box 1033 7675 Cox Lane Cutchogue, NY 11935 Mr. Ernest Richter (Re: D. Morris) Richter Home Improvement Co. Box 112 515 Seventh Street Gr enport, NY 11944 illiam D. Moore, Esq. (Re: J. Keating) P.O. Box 23 Clause Commons, Suite 3 Mattituck, NY 11952 Mr. David Cichanowicz Creative Environmental Design P.O. Box 160 Peconic, NY 11958 Mr. Michael Herbert 795 Pike Street Mattituck, NY 11952 Mr. James E. Fitzgerald, Jr. (Re: Markotsis) Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Mr. Lawrence M. Feeley (Re: Homayuni & Kapotes) Ward Associates 1500 Lakeland Avenue Bohemia, NY 11716 Karen J. Hagen, Esq. (Re: Mullen Motors) Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, NY 11952 Edward J. Boyd V, Esq. (Re: Truckenbrodt) 54655 Main Road P.O. Box 1468 Southold, NY 11971 �oc��FFOLKc�Gy JUDITH T. TERRY iC Town Hall, 53095 Main Road TOWN CLERK G T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Gn Southold, New York 11971 MARRIAGE OFFICER yO Fax (516) 765-1823 Telephone (516) 765-1801 '7 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judithi:T. Terry, Southold Town Clerk Dated: August 28, 1991 Re: Zoning Appeal No. 4052 - John F. and Evelyn Keating Transmitted herewith is Zoning Appeal of John and Evelyn Keating for a variance. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Southold Town Building Department, dated August 15, 1991 ; Short Environmental Assessment Form; ZBA Questionnaire; Certificate of Occupancy No. Z4872, Dated January 12, 1973; Certifi- cate of Occupancy.-No. Z6094, dated September 9, 1974; copy of deed; copy of Abstract of Title; copy of Application for Building Permit; and surveys. Judith T. Terry Southold Town Clerk L ' 1 7o ,14.16-3 12/871—Text 12 ` ° f PROJECT I.O.NUMBER 617.21 k j AUG 1 519�1 S X R LAppendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM' For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME � s•o�nc�( rl l� �'So Atw7 3. PROJECT LOCATION: rr�1� c� t Municipality SOU{1�+� County JV r'oLI L 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) - ►9a�1�� So�No✓t��✓ n✓�. - So�7�� , Wy 1i,771 5. IS PROPOSED ACTION: L'7New ❑Exoanslon ❑Modiflcatlanlalteratlon 6. DESCRIBE PROJECT BRIEFLY: ' ��Mov✓�cr OG �')ri SiJN 6 �i tJG�� �74M'�� /ZFSir>L NGi� A� e0IJ S 7ntJ C 77aN Ot New -ZO W t'o c.tl- AgAF r Ly rEf,pcNC W' 7. AMOUNT OF LAND AFFECTED.• Initially ao, t'31 19 -,aere� UltlmatelY S'a N W' acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ,51ao If No,describe briefly Ij�(Sd F�tG t.IENT LOT1 -5"ZZ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? r residential ❑Industrial �C)Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL.OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAL)? ❑Yes PNo If yes,list agency(s)and permivapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? wes ❑No 11 yea,list agency name and permit/approval Sd VT90A ZOWI A/G KOAA4 RPP�?�- 37a3 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes IrKo 1 CERTIFY T. I FOR TI ROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE? Applicantlsponsor name: Date: Signature: —_ ' '"" - / (//7 f �� /✓( If the action is in the Coastal Area. and you are a state agency, complete the Coastal assessment Form before proceeding With this assessment OVER The N.Y-S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this , before any action is taken. oard SHORT ENVIRONMENTAL, ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is -assumed , project that the preparer will use currently available information'concerning the d that additional s udies),eresear te action. It is notresearch or other investigations .willebeected undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the Project is not significant. (d) Environmental Assessment " 1- Will project result in a large physical change to the project site or physically alter more /than 10 acres of land? _Yes ✓NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes ✓ No 3. Will project alter or have a large effect on an existing body of water? __Yes v No 4. Will project have a potentially large. imoact groundwater quality? on � � _Yes ✓ j�o 5- Will project significantly effect drainage flow on adjacent sites? __Yes 6. Will project affect any threatened or endangered plant or animal species? Yes �No 7. Will project result in a major adverse effect on air quality? / Yes ✓ No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ' known to be important to the community? Yes f/ No � 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? Yes No 10. Will project have a major effect on existing or future recreational opportunities? 11 _Yes '--'No 11. Will project result in major traffic problems or cause a major effect to existing transportati systems? on Yes " No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _ Yes ,-,,.N'o 13. Will project have any impact on public health or safety? _Yes No 14. Will project affect the existing community by directly causing a growth in permanent tion of more than 5 percent over aone-yearl1- period or have a major negative effect on the —Yes �!No character of the community or neighborhood? 1S. Is there public c rs concerni project? ng the preparers Si �o Sig* • -Ycs Representing: AUG 1 5 !991 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) 30144 4 EdCt,t/n/ teen r,-J G O w Ne So UIWLJO SAJ,�y CAS RANI ► T6.46€� B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? [ A-�Yes { } No. (Sf Yes, p1.eaSe attach ropy of "conditions" of sale. ) C. Are there any proposals to -change - r alter land contours? { } Yes {L-r No D. 1._ Are there any areas which contain wetland grasses? IUD 2. Are the wetland areas shown on the map submitted with this application? WAI 3. Is the property bulkheaded between the wetlands area and the upland building area? Y69 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? f1A_ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? �/v_ (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or- fences which exist .and .are not shown on the survey map that you are submitting? Wo If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? tfo If yes, please submit a copy of your building permit and map as approved by the Building - Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ' Mo If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel 5114 g' /-001 !fJ and proposed use S31✓(o(.K, A iz Si ature and Date 3/87, 10/901k i § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L.No.2-1976; 3-26- 85 by LJ.No.6-1985k �':'`' •.' A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; j (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following- salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush;, cattails, .groundseL marshmallow and low march cordgrass;a.nd/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER.WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 2-2s-s5 1 _ . ' FORM NO. 4 ' ~1 TOWN OF SOUTHOLD AUG 15 i991 BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y: �`- - Certificate_ Of Occupancy No. Date . . . . . . . . . . . &ept. . .9 . . . . . . . .. 19.7.4. THIS CERTIFIES:that the building located at Sound •Vie;,z .:We. . . . . . . . . . . Street Map No. . ;U,g. : . . . . . Block No. .X, . . . . .Lot No.x.cx Soth.ald• • ,: .Y.. . . .J ~. . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . .AU-C : 13- , 19.7-3 pursuant to which Building Permit No. . dated . . . . . . . &eptt. :9 1971.;. ., was issued, and conforms to all of the require- ments of-the. applicable provisions of the law..The occupancy'for which this certificate is issued is . private"-acoe ssory•bailding• • .(a.pproved .by. Ad ..Appeal.%I . . . . . . . . The certificate is issued to .Jahn• F•.• •Keating• • • • • • oimar• • • • • • • . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . Pd..:;;.. . . . . . . . . . . . . . . . . . . . . . . ... . . . . . UNDERWRITERS CERTIFICATE No. . . . . . . . . ;t,,l�,. . . . . . . . . . . . . . . • . . . • . • • , • • • , , HOUSE NUMBER . . 1 •99 5. . . . . . Street . . .Sound.TL.Gw..4,�,ve . . . . . . . . . . . . . . . . . . . . . . r Building Inspector 17 FORM NO. 4 AUG 1 TOWN OF SOUTHOLD (�9� BUILDING DEPARTMENT Town Clerk's Office - - Southold, N. Y. Certificate Of Occupancy No. Z 1i 972 . . . . Date ... . . . . . . . . . . .January. . . . . . . THIS CERTIFIES that the building located at .N/S. .SQun�[. Vjew .Ave. . . . . . Street Map No. . . . . . . . . . . Block No. . .7-A . . . . . .Lot No. . .XX. . ...Southold N .Y. re uirements for one family dwelling biTi�F�th} ZA. arwtr,f }3 � X conforms substantially to the bb illt before r fi te .o Occupancy dated . . . . . . . . . .Apr.11. 23 . ., 19. .5.7. pursuant to which%i9QR o. Z497.2 dated . . . . . . . .January. . . ,12 19.7.3 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .private. one clWQ�Iing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . Estate ,of. Margaret, Lovj.oy. . . . . . . Owner. . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Pre-existing . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. . . . . B�+3?5> .. . . . Aug 23 1929. . . . . . . . . . . . . . . . . . HOUSE NUMBER. . . 19.995• • • •Street. . . .Sound .Viet .Ave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . Building Inspector } .� t n•W a4eMr't 13.+t•-rd:•.MM a fr/+►wa .i� ` _ t;ettgtAPWArWSX I t► n LAWM 0 @ no tt1t11 o"no Mtt/Mr�1lMT-eNN IwtMINMt'�MMN M tN1�/11Ai��1 MM/. t': y �THL�MD17fR1Rr.letade the S day d!':brul:t•y' .niDeteen hDtd►rd.ntl �c•ve'nty-•iCltza+� ' 1 I� � yEll Jti:ii�i. :i. :�l:i.►1.�:ic1 also AeQk ti. pis -". l::a a.� tat: L.4s t Hill •J,: i t. rl'.: t of hii[y.12'Clt Its 0•,� i i:5 :C1= t:_,il:'j i t '1 !t':. j.«".�': J:1Vt., .►]321.1, :CYdtDt .:iL..Lr:S,tUL! uV'.SUL,, Glhr. !tc•ac, i,,:•.ssau Ccur.:.}, K::v Yoric, r • as e]teetttor of - - - - - "__-`.`. _tba brat we Will tatttaow r i�.".CG.�::L'3 i 1,1.•i,J::]'- bust •7 3-l:: i•: t►:•J l�.t-e, t•'ll.:�i.i:�';, ,u.c:,:; ;u�._y.� ,... p Le)b who filed an the 5t;i dsy of t. .nttunrn hmAm4 m4:%,)vtnty-on0, 7 rt of the Rttl li- .And J' Ly, 1 1' , u i:t•'. 1.1' , �' • .Ly l: .'L .... :1.:. Glll.. ..lu, .,.Lc .:,• i.i.t.: ".11 ,.. , � ry e. Party of the aecoed patt,. :X•,C:UtO:', LL r .ry76NEC1M'thallShe Patty+.o the first I+frt,to whom - - - - - + ..fstatra y;r'•r jq'. Iestatnentary were Lmwd by the Surrogate's Court: - - - - - - - .ut c..% Casray 1 71 so]by virtu of t'x power anti 1I"Im6ty giieD in Md by 11111W brat WoT. anti testament.and/tit by Artiehr I I of the Esutes,Powers and Trusts I.opt,and in can+iAl+atiea at - 17.. 1. s ,L'L•G.l I.J - - - - - - - - I - laid by the Patty 6f&sftwA Plitt.dad ht+tdr atad r release tn.to the patty of tyre N"md ImA.the distrilluteea Or stKC010ots VA aatidi+A d the Pray e! amend �i port lorev;". ! Ali.this etlrtaie pbL�or WC�df land.with L%e baildirtjt and.iDtpoveaeeers tfapu.e tu+e+ed.*deft hiefaDdbefeffiltlta 1Can ar :,authalti, County of catiolY• anti Strat•-Of 11ev rt; =cllot;�. f: r:t ill 'clrl I':7Y i::' .'.'l j` .'1.'_ Oi iivutid V`Ow Avanue t° tr ..ZJl-1V­'1- 11n:' tha xeo t:l', 1:l r1C. :,"!1`•^�'i:,::t' Y t.i':Sc::ii7i`+1 a1w, t ` r}lY. li: ut i; :a .:vtti o� icon' ;p of 11a_J3iu:11 lo:rlr.rlJ of G. 6 Is 4w� ct:: ❑a:a4 iio:thr:rly Sl:.tt' bf ..:iUt:a:: Wit-:] AV2nUej _ ".i'•. ��_ :t11;1\l�li 'a'iii:1"V:. !it? t.:l ii„ ti•;L�1 .^t: :l Cl`.I::it£i .Cr !i .:T1r: C W'Ct along '�'� :•i:L.i 17C2't i'.:a'1� .;id t: C'i' 6nunt: •�i..7 iiV 2d:�. ll,C•L•l: iT.!tL t0 ii �)diilt. . _ '.:;�laai l:ort;, ut; �'•:;;r. :, i3 tainutt:s J:i rr;t :;2f.1�, fu6t or lean to talc O_'d i.t:a.}' :iig:l i;•ter" tli.l; of Lorry 1Clirl,d SOU li?o 'ii�..12C:, cat t ly `..ant, .:..,i. c•r::in:r., ttit;tltayt tier;: of Lbnl 181and Sour.`- C:, 3 t1 •-lir.r cou: C! Sout:i �0 ttt''�I't!•"D 38 mitti-, ut'-- S i;.tOt C: ]t- 1':C.t to t.l. nort:31.'=;Gt4-1f CG"i"•-1' Jt land float Ox loz- u. zlpo: G. b 1. 1i.,:411al. TiXN out:: a av ::.t �i:l iti ►;y t : alor. tl' W!"At- e••1",' l.'i,: t,f ia_'t rr rlltiv:.nr• lahC :. �;, j'..:3/:1: t::.tlug:: a ��ontta.^nt, . 037.7.{ fr.nt :do::. Ot l"S tt" L':}: rdnux,r.: i:.y`i," r.ot't.r::l; 'si.4"• of . ,iCJ, .w.::nttr;, at 'tw, i•.Gcjbt v. place ci 1):cjinning,l t 0.". tY n i::.-. I': LU1G�t.+ COI.VC�'et] LO Y Lrt::t�z•::.t ii. :.ev^ o;' ley �iia a. io:;y !:y u4ci dat;td April li,l96At• . • scrra_'_ .ipril '_7, 1952, il: Libor 6333 231U of Co nveyalices, ta• lip a: n.ls ? I..• Lovejoy lit it; t'i7C :;-amn ;�arsvli us DoiGl tjYilnta� i.,.li th„ ri` }t vi , t?.t3' a::ci tl.ta 6sti c: in ,)nJ to .thy ,� t la.i.ie un.9' ti.. gat:>' > ci Lc:i, iG1:i: .c 111cs l f rl�; to thu trot*b — _ - GL La: l,:•.411.:. :i:.101•, t•.•.f C.:_ iiJ-.,... - !' ts.t il,.e:ti.ut o.,n L.1C. party of th,r i. ' ',1.... ,i:,• t.: .! s t,,- i Y __ i... �'.. .:•aJ=, 1. :i:.:i t0 t partior, . . .:♦,,. «y lying ,to_t2♦g i 1. •Ctt]:. � .l. ,�7 ,, •i:C.. LC• �.� 4 ,1i:1 `I.COi• � .:1'ZJ:�.. •.. .,... . .. ... . .7C2.iLai.<y`•::2 C}•_ il...ICL.F`t3:iti11C� tt'] '" REAI[31ATE •StAY�f!!,•�'t ' '»' d TRANSFER tAxNErM Vote •;':% w Ste'� fntrn 2- i Ann asantwt ' ' ... ...........,r v. a:}.r:Yal."iSin"21Arfk•�::4:::.. ::k�=.tin.�:16�?:ic3!. Single & Separate Search Abstract of Title The following abstract of title was prepared by William D. Moore, an attorney duly licensed to practice law in the State of New York for the following pieces of real property as of August 7, 1991: Suffolk County Tax Map #1000-51-4-6 owned by John and Evelyn Keating Record Owner Liber/page Date Recorded John P. Keating and 7346/112 Feb. 20, 1973 Evelyn Keating Margaret H. Lovejoy 6333/230 April 17, 1968 Celia A. Poey 1114/273 Oct. 10, 1924 Suffolk County Tax Map #1000-51-4-5.1 owned by Cortlandt Poey Record Owner Liber/page Date Recorded Cortlandt Poey 6333/226 April 17, 1968 Celia A. Poey 1114/273 Oct. 10, 1924 The real property owned by John P. Keating and Evelyn Keating has not been owned in single and separate ownership since April 9, 1951 as said property was held from 1924 to April 17, 1968 by Celia A. Poey during which time she owned adjoining property to the west of the subject property. ----------------- U Lq AM 15 i991 - �'(•ems, r v ( •n — 0 r O(yvY RR R-80 H D Ile \ 4rjav OR r LB 48W • �Oy R-80 0 , ayF 2� __-' LI m LoN6 ,o R-80 t-.- � •� is 11!a � • ` R-80 s�f ToWN 1 �I v VOLD BA IN 1 � TO: Jerry, Charlie, Serge, Jim, Bob DATE: July 30, 1991 SUBJECT: ZBA Hearings for Thursday, August 15, 1991 "Add-Ons" (New applications) The attached are copies of four new appeal projects which have been added to the Legal Notice for our upcoming hearings calendar: 1. John and Evelyn Keating - Needs ZBA recognization of nonconforming lot size under Section 100-281A(7) and 100-244B since the lot has not been held "single and separate" as required by the Code between the early 1970s and 1957. (There was a variance in 1988 for bluff setbacks for a new house, however, there was no request made to the Town in 1988 for approval of the lot, and no attempt was made to get a building permit approved prior to the new Master Plan revisions. N/s Soundview Avenue, Southold (Complete paperwork to be filed by Thurs. ) . 2. Burt Lewis - Needs ZBA approval for extension (addition) for a nonconforming use in this A/C zone and for expansion of nonconforming front yard setbacks. (Real Estate Office; previously zoned for real estate use under old codes. ) S/s Main Road, Laurel (east of RR bridge) . 3. Ethel H. Betz - Needs ZBA approval to re-separate two lots (separate deeds) which merged in 1971 (re-zoning to one-acre from 1/4 acre) . Calves Neck, Southold. / 4. Cliffside Associates - Interpretation Only on definition of Motel (verses cooking unit/dwelling occupancy) . N/s CR 48, Greenport. Please call us if more information is needed. Thanks: 1 � 4 -a- b7` ��•+� OF 4�Jt fP.W SOUND �Da SEE SEC No 13o ISLANO tit s LONG ---' .q; '1 . ,UD.43 P.D.70O to Iz le 19-z0 zE 2 b9 ' i�" •® 1z' ro° ,. SCN-!�� v 5GN D."9. \6pr--\ a AVE - 5.1- s T _ \y a. scc scc NO us ° e JItJ " .10• FOR PARCEL NO F °y P}� •" n'L' / W SECC 052 5 2.9 • y _ '06-001 eCl •^ P\tl• O \)°pY, y'C•e. / NOEaerf Pl' •vP°e S.i 4lcl 12.1 12S �plal °°.lalct I>iay ¢.eFEt p' �a0 •p .O,P OW SOP °.! \ t'� \'•° v °F�M° E 2T.6Alcl - z. NQ vy • 28.0 Atcl �^ •.'I°°'OP: J,,,, Pe7 I 9.i41d , as a" FOP•P°PCE. I` 2.6° m / '\a SSE SIC C? ° 1.6A(P) FOR PARCEL NO 0 MI J1l.co0 '• SEE SEC Ni OOS5O6] • v ] •, 2.541 -- iIJ —CN U NE A° °F�':. (°1 rC„lL1Y•1 g• 16 R.27 5 LOP Is°-1° • " . •Jy u „RO .v .\ 7 NORTH3: _ —_- C r....,,e legend - EEi P.P © COUNTY O SUFFOLK TON.W SOUTHOLD srttlar R° CHATp BAKER,IR. ♦L:". C.—L.". —_— Fi..D:,i.�n lq,. _—F.—. N,e.m1 D•.r�..�t..._—N._.. S,be.....,1.�+,. ."i ._.—_.—__._ COUNT1 F E.N-..�,:�::,�_ ,,.....L.•E:•. _—� N.11,�.1:.. ----- Uyn e.u.N,L1•. _—.�.__ 8�.�.N.. �: ]..1«°._..,... y.EE--- Real Properly Tax Service Agency Naucr or _ 051 P M _ a.....P....TL.•I. « s� u- , -- _-- n o-«�« •� �� M1(n County Center dtTelCT M. 1000 v s.•.._ aw1 o....<,E,,. _-.�„_ s.......„.o L.•• _—.t._ ,.u,..,.,,e1„.N.. ml C:..1,.«... 1n. Riverhead,l I.New York -- — PROPERTY MAP D.••«E.y.�.� TO: Jerry, Charlie, Serge, Jim, Bob DATE: July 30, 1991 SUBJECT: ZBA Hearings for Thursday, August 15, 1991 "Add-Ons" (New applications) The attached are copies of four new appeal projects which have been added to the Legal Notice for our upcoming hearings calendar: 1. John and Evelyn Keating - Needs ZBA recognization of. nonconforming lot size under Section 100-281A(7) and 100-244B since the lot has not been held "single and separate" as �o required by the Code between the early 1970s and 1957. (There �• was a variance in 1988 for bluff setbacks for a new house, however, there was no request made to the Town in 1988 for C?"p, �3' approval of the lot, and no attempt was made to get a building permit approved prior to the new Master Plan revisions. N/s Soundview Avenue, Southold (Complete paperwork to be filed by Thurs. ) . 2. Burt Lewis - Needs ZBA approval for extension (addition) for a nonconforming use in this A/C zone and for expansion of nonconforming front yard setbacks. (Real Estate Office; previously zoned for real estate use under old codes. ) S/s Main Road, Laurel (east of RR bridge) . 3. Ethel H. Betz - Needs ZBA approval to re-separate two lots ( separate deeds) which merged in 1971 (re-zoning to one-acre from 1/4 acre) . Calves Neck, Southold. 4. Cliffside Associates - Interpretation Only on definition of Motel (verses cooking unit/dwelling occupancy) . N/s CR 48, Greenport. Please call us if more information is needed. Thanks. Southold Town Board of Appeals -5- September 20'9 1973 THE CHAIFj4ANa Setback requirements would have to be followed. MR. HOWARD TERRY, Building Inspectors You have an s establishdd setback already established there by adjoining buildings within: 300 feet of lain property. The average setback still applies to this. Some of the adjoining buildings are.. practieally on the property line. TIM CHAIRIDW s Is there anyone present w wishes to speak against this application? (There was no,\response. ) THE CHAIRMAN: What is the Zone o the surrounding property? MR. OLSENs I believe it is " 1". THE CHAIRMAN: Excopt acros the streot9 is that correct? MR. OLSEN& Yes. THE CHAIRMAN: Are' th re any questions? (There was no respo se. ) THE CHAIRrUNs I ould like to postpone this decision and take a little more time to st dy it. This decision will be made prior t the next moetinga some time in the next week or two. On motion by Mr. Gilliopiea seco ded by Mr. Doyen'q it was RESOLVED hat the Southold Town Board of Appeals postpone deci ion on Appeal No. 18209 William Grefev Now Suffolk Aven e , New Suffo3.:L® New "York. Vote of the Board: Ayes:- Mossr s s -Gillispie• Bergeno Grigoni'sv Doyen. PUBLIC FXARINGs Appeal No. 1830 - 7 :55 P.M. (E.S.T. ) r upon application of Tohn..F._Keating., Soundview Avenue, Southold o Now York, for a v=iance in accordance with the Zoning Ordinancep Article III, Soction 302 for permission ' Southold Town Board of Appoals -6- Septombor 20 , 1973 to erect an accessory buildi.:g i.: front yard area. Location of property: NIS Soundview Avenue, Southold, bounded north by Long Island Sounds east by P. Aliio i . south by Soundview Avenues west by: C. Po©y. Fee paid $15.00. The unairman opened the he=, ing by roadirg the application for a variance , legal notice of hearing, affidavits attastinb to its publication in t ho off icr al nowspa_-)ers, and notice to the applicant. THE CHAIRMANs The application is ac:ompaniod by a sketch indicating that the shod is approxim-taly 18 foot from the property lire of Soundview. Avenu:: on the south and 71 feet fr' m the easterly side line; it is a Sears Roebuck metal shed 10, x 10 ' . THE CHAIRMANs Is there anyone proscnt who ,wishes to speak for his application? i (There was no response. ) c y. �. MR. ROBI.RT BERGEN s I would like to JNggQf711 that is the best location. THE CHAIRMAN: Is there anyono preset who wishes to speak against this application? (Therei was no response. ) After investigation and inspection .the Board .finds that applicant investigation � ermiss:on to oro sc �- ? r ct �..n ace©�,,ory bu�ldin;, in front yard area of property on the nos�ih side of So a:.dviaw Avenue, Southold. The findings of the Board are that the neighbor to the east has a garago which is practically on the line , 18 feet closer to Soundview Avenue than the proposed shed. There are several other garages in the front yard area in the vicinity of applicant' s proporty. The Board agzooz with the r asoning of the applicant. The Board finds that strict application of the Ordinanca would produce practical difficulties or unQcessary hardships the hardsh p created is unique: and would not be shared by ail propertieslalike in the immediate vicinity of this property and in the same use district; avid the variance will not c hanmc t� - the character of the neighborhood, and will observe the Jplr14v- of the Ordinance . I � i i A j Southold Town Board of Appeals -7- aopce.abor 200973 On motion by 14r. Borge n, sSoconded by Tr. Grigonis, it was RESOLVED, John F. Keating, Sou .dviow Avenuet Southold, New York, be GRANTED permission to crow an accessory building in front yard area of property :,sated o:. the north side of Soun dview Avenue , Sou-:old, as applies -cr. Vote of the Board: Ayes;- tlessrsa Gillispio, Bergen, Grigonis, Doyen. � � x PUBLIC HEARING: Appeal No. 1832 - 8:05 P.M. upon application of Andre Pappas, 15 Pleasantview Drive ,: Bayville , New York, and Ni6os Savvides, 25-10 Hoyt Avenue, Astoria, Nevi York, for a varwanco in acc=dance � 1 v.11-,t..a Zoning Ordinance . Article III, Soction 301 and Bu1:E Schedule for ermission to divide propern;,y i:zto wo lots. Location of prr ertya Lot JJ872 Capt. Kidd Est es, Inlet Drive and Sur mil Drive, . Mattituck, New Yo:::?k. Fee paid ��5.u0. The Chairman opened the hoaxing by d i.ng 'k,ha a-?P for a variance , le al notice of hearing affidavits at ccsti to its publication the off cial no 9PZ.:?Ors, and not+ec to the applicant. T�� CHAIRMAN a Th survey of Young Young in di.:ot�:s that the property is on the woo"- side of inla- Drive =nd that it has approximatel .250 eet on Inlot Drive. Tho depth -at the north end i c than that at the woui.:� et��d. There is a curve in the ro e- o;. the north and of '"Whe p'ropor ty. The lot at the southerly in of the props:ty would be 12,235 sq. ft. Basically, the rop---ty is 250 font by 100 foot. It is not evenly divide . Al o accompanying the application is a tax map indicati . this 1 t and its rclationship to the other lots in th vicinity. THE CHAIRMANa Is there =,yo: e presont who wishes to speak for this ap lication? WILLIAiV1 WI KHAM, ESQ. ; ale don t a zk for %1"1 equal ci b- division so tha each lot would have the lama area. The proposed line marks a break in the co +,ou^. Tho sout:.Q_-1 y portion is relatively flat. From the louse. northward, there is a terrace. At the o d of this ,"race the ;round goes down quite rapidly. Thcroforo, the southerly part can't take advan'age Of rho ionthorly pas Seca ua0 it cc-un" be seen. Even if you put in shrubs it wo, ld be no advant"-Izo because you would have to Oo down to tho and of the to:ra►;o. That was the reason for the break thero rather than in the center. If we had marked that 4Ln the cozr�o:: we would havo APPEALS BOARD MEMBERS '�'� SCOTT L.HARRIS Gerard P.Goehringer,Chairman ;<y 3 '� Supervisor Charles Grigonis,Jr. ' Serge Doyen,Jr. Town Hall,53095 Main Road James Dinizio,Jr. 'µ . P.O.Box 1179 " Southold,New York 11971 Robert A.Villa -.;1;,,'y Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN 4 SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4027. Upon Application of HALSEY A. STAPLES. Request for variance to the Zoning Ordinance, Article XXVIII, Section 100=281A(7) for permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. Lot is nonconforming, having a total lot area of 22,668 sq. ft. and 25 ft. .frontage (width) along Middle Road in the Hamlet of Greenport, Town of Southold, NY; County Tax Map Designation 1000-41-2-12.1. WHEREAS, a public hearing was held on June 7, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicant seeks a variance for approval or recognition of the subject lot, having a total nonconforming lot area of 22,668 sq. ft. and nonconforming road frontage of 25 feet along Middle Road, Greenport, Town of Southold in this R-40 Zone District. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-41-2-12. 1, located near "Fleetfield," a 1942 (preexisting) subdivision filed by Clarence C. Fleet and Henry L. Fleet. 3 . The record shows the following conveyances of land within this block ( located along the easterly side of Middleton Extension and the southerly side of Washington Avenue) immediately surrounding and including this parcel as follows: Page 2 - Appl. No. 4027 Matter of HALSEY A. STAPLES Decision Rendered July 12, 1991 (a) Parcel 1000-41-2-6: This corner lot consists of an area of 7765+- sq. ft. and was conveyed on April 22, 1966 to McGinners, having been previously conveyed on July 12, 1963 to McGinners' predecessor in titles The owners of record since May 31, 1967 are John M. Krukowski and wife, and the premises has a dwelling which preexists zoning. It is noted that the lot has been in single and separate ownership since at least 1963 . (b) Parcel 1000-41-2-7: This parcel consists of an area of approximately 13,000 sq. ft. and was conveyed to Waterhouse on November 9, 1965. It is noted that this lot conformed to the 1965 lot area requirements of the zoning code (minimum 12,500 sq. ft. ) and has been single and separate since this time. A new dwelling was constructed in late 1968 (building permit 44021Z) for this particular lot. (c) Parcel 1000-41-2-8 : This parcel consists of an area of approximately 13 , 000 sq. ft. and was conveyed on June 20, 1966 to Staples, who later conveyed the premises on March 22, 1-984 to Burden. It is noted that this lot conformed to the 1965 lot area requirements of the zoning code (minimum 12,500 sq. ft. ) and has been single and separate since 1966. A new dwelling was constructed in 1966 (building permit #3194Z) . (d) Parcel 1000-41-2-10: This parcel consists of an area of 12,550+- sq. ft. and was conveyed to Reeves from Joseph Diaz on January 27, 1964. This lot conformed to the 1964 lot area requirements of the zoning code (minimum 12,500 sq. ft. ) and has been single and separate since 1964. A new Idwelling was constructed in 1964 (building permit #2479Z) .' (e) Parcel 1000-41-2-11: This parcel consists of an area of approximately 12,900 sq. ft. . and was conveyed to Staples on December 22, 1969, and who acquired the parcel on August 29, 1963 from Joseph Diaz. It is noted that this lot conformed to the 1969 lot area requirements of the zoning code (minimum 12,500 sq. ft. ) and has been single and separate since 1969. A new dwelling was constructed in 1985 (building permit #13856Z) . ( f) Parcel 1000-41-2-13 .2: This parcel consists of an area of 73 ,660+- sq. ft. and was conveyed to Field from Joseph Diaz 'on March 10, 1972. This lot conformed to the 1972 lot area requirements of the code (min. 40,000 sq. ft. ) . A new dwelling was constructed in 1972. (g) The parcel herein was created in 1969 when set-off by Joseph Diaz when the northerly parcel ( 1000-41-2711) was conveyed. The applicant on February 19, 1981 acquired the parcel, which conformed to the 1969 lot size requirements of the zoing code (minimum 12,500 sq. ft. ) . The parcel is believed to have been single and separate since 1972 (when 1000-41-2-13 . 2 was set-off in 1972 from Diaz) . . i Page 3 - Appl. No. 4027 Matter of HALSEY A. STAPLES Decision Rendered July 12, 1991 { I' 4. The survey submitted under this application shows a minimum width at the building envelope,, area at 123.61. The building envelope area shows the locates of a proposed dwelling to be built in accordance with the minimum setback regulations for this zone district. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-41-2-12.1, now of HALSEY A. STAPLES, be and hereby is RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning Fequirements applicable under the zoning code, and subject County Health Department and any other agency approvals which may be required at the time of submission of an application for a building permit (with the exception of lot size).., that the application be APPROVED, as applied. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa -and Goehringer. This resolution was duly adopted. lk �� ��' GERARD P. GOEHRINGER, CHAIRMAN u 00 APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. "� a �'� Town Hall,53095 Main Road ,, Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 . I ACTION OF THE BOARD OF APPEALS Appl. No. 4013 . Upon Application of CARMINE AND VENUSTA CARNEVALE. Application requesting review and determination confirming or recognizing this vacant lot for the purpose of obtaining a .building permit for a single-family dwelling use in accordance with the zoning code bulk set-back regulations under Article XXIV, . Section 100-244 of the Zoning Ordinance. The subject lot is known and referred to as Lot 50 on the "Map of West Creek Estates, " filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12) . Location of Property: North Side of Glenn Road, Southold, NY; County Tax Map Designation 1000-78-2-7. WHEREAS, a public hearing was held on March 22, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicants seek: (a) a determination under the Zoning Code that the subject premises complies with the applicable lot area and width regulations of the zoning code as applies in this R-40 Zone District for single-family residential use, and/or: (b) a Variance under Article IIIA, Section 100-30A.3 , Article XXIV, Section 100-244, for approval or recognition of the lot area and width which are presently nonconforming in this R-40 Zone District. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-78-2-7 and is located along the northerly side of Glenn Road, Hamlet and Town of Southold. 3 . It is noted for the record that Page 2 - Appl. No. 4013 Matter of CARMINE AND VENUSTA CARNEVALE Decision Rendered March 22, 1991 (a) the subject land is presently in the ownership of V.A.F. , Inc. , which acquired the parcel by foreclosure sale December 6, 1989, deed at Libert10988 page 269; (b) the subject land is also known and referred to as Lot No. 50 on the Subdivision Map of West Creek Estates filed with the Suffolk County Clerk' s Office on July 6, 1937; (c) the Subdivision of West Creek Estates is, under the current zoning ordinance, is listed under Section 100-12 "Exceptions. " All of the lots on this map are to be excepted from the lot areas and lot width as shown and designated on said map. Due to this exception clause in the code, a single- and-separate search was deemed not to be required in making this determination. 4. The survey submitted under this application shows 135 ft. ( lot width) frontage along Glenn Road, lot depth along the westerly side property line of 150. 83 feet, and total lot area of approximately 19,500 sq. ft. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the parcel which is 'currently identified on the Suffolk County Tax Maps as No. 1000-78-2-7, now of V.A.F. Inc. and under contract of sale to the applicants, CARMINE CARNEVALE and VENUSTA CARNEVALE, be and hereby is CONFIRMED and RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the zoning code, and subject County Health Department and any other agency approvals which may be required at the time of submission of an application for a building permit (with the exception of lot size) . Vote of the Board: Ayes: Messrs. Grigonis, Doyen, .Dinizio, Villa and Goehringer. This resolution. was duly adopted. lk GERARD P. GOEHRINGER, CHAI Aug 5 i991, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of TdHtL �y�cLrn� I�cr}rl-lf� NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 4 1. That i e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: r� q 9 qS SOVN1DV G4i /-dirt- Svt/T1bLQ p 3. That the property which is the subject of such Petition is located in the following zoning district: �?-1/0 4 That by such Petition,.the undersigned will request the following relief: aOCRMISSi on/ _M t . COdS'()?Ua Ql Eh/ AFC10C.11 d` )0f79 - 1?671V0V4L- OF C-f-/-5//✓la �g`S 1 nL%IJC L� 5. That the provisions of the Southold Town Zonin Code applicable to the relief sought by the under- signed are Article$) l�`• XxVw Section /OD-21/y [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. ' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 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-Mat tituck 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: —41 477Y AftAr✓gtS- Petitioner Owners ' Names : l'oNd FI&AnA(6 iE4F� �//L nN6 P oit Office Ad ress e low �mw#?r CLI¢NSC Co+Vwon/1 Tel . No . ( A. ) 298-soly [Copy. of sketch or plan showing proposal to be attached for convenience purposes . ] f PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME" ADDRESS 7VAI of a6 6LC-Al de" , MY ALE-XANUC'R- Z 6q �✓SSECc.,gvr 0607 F m r e� s i s STATE OF NEW YORK 1 ss.: COUNTY OF SUFFOLK) W1LL.%AfA D M0Oj2C residing at VQ2992D / /v�h/ YO✓Z/� being duly sworn, deposes and says that on the /�' day of AN6dsi 019 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at 50 1/lwye--p that said Notices were mailed to each of said persons by (certified) (mod) mail. Sworn to before this , day of Afil/S , 19 Notary Public PATRICIA C.MOORE NOTARY PUBLIC,State of New Yd* No.A861668, Suffolk County c mmiaaion Expires Juno 16,�986'27— I ( This side does not have to be completed on form transmitted to adjoining property owners . )