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HomeMy WebLinkAbout4015 t 9 APPEALS BOARD MEMBERS '' t^ 't SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman `r ,��yc�� r 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 BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 4015: Application for MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-2239. 4A; Section 100-244B for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; CountyTax�,Map District 1000, Section 67, Block 6, Lot 016. WHEREAS, a public hearing was held on April 30,. 1991; 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: 1. The premises in question: (a) is known. and referred to as 360 Miami Avenue in the Hamlet of Peconic, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 67, Block 6, Lot 016; (b) is presently improved with a single-family, two-story dwelling structure with brick patio, all as more particularly shown on the January 29, 1981 survey prepared by Roderick VanTuyl, P.C. ; Page 2 - Appl. No. 4015 4 Appl. of Melvin and Mollie Kurs Decision Rendered May 23, 1991 (c) is rectangular in shape, having 48. 4 ft. frontage along the north side of "Miami Avenue" (a .private road) , and having 140. 4 ft. frontage along the easterly side of a paper (unopened, untraveled) road referred to as "Sound View Avenue"; (d) is nonconforming as to lot area, width and depth in this R-40 Zone District. The dwelling structure is shown to be situated 50. 0 feet from the southerly property line and 16+- Ceet from the westerly (front) property line. 2. By this application, appellants request a variance for a 14' by 251. addition along the westerly side of the existing dwelling structure which would reduce the (front yard) setback from 16 to two feet. 3 . Although "Sound View Avenue" is shown on the "Map of Bailey Park" filed as Map No. 1097 in the Suffolk County Clerk' s Office, the ,street is not improved, has never been used as a .road and appears to be merely a "right-of-way easement of iecord. " in the event the street were abandoned or removed from the subdivision records, the westerly property line could then be referred to as the side property line rather than a front property line. The requirements for a side yard setback are less than that for a front yard requirement. 4. For the record it is noted that the dwelling was the subject of .a prior appeal under Appl. No. 2655 rendered Janu- ary 22,' 1980 for a setback from the westerly (front) property line at 16 feet and 280-a access approval over Miami Avenue. 5. In considering this application, the Board also finds that the relief as requested is substantial in relation to the requirements and is not the mimimum necessary to afford relief. Therefore, alternative relief for a setback at not less than six feet from the westerly property line was offered, and granted, with the following findings: (a) that the relief, as alternatively granted, will not be adverse to the essential character of the neighborhood; (b) that the relief, as alternatively granted, will not in turn adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief, as alternatively granted, will not to be an increase dwelling unit density or to cause a substantial effect on available governmental facilities; Page 3 - Appl. No. 4Lii5 Appl. of Melvin and Mo,l•lie Kurs� � �"��� � Decision Rendered May 23, 1991 (d) that the relief,,--.. as alternatively granted, is the minimum necessary to afford relief; (e) that the relief, as granted, is an alternative is feasible for appellants to pursue; (f) in considering all of the above factors, ' the interests of justice will be .served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as applied for a 14' by. 24' addition with a front yard setback at 2+= feet, and BE IT FURTHER RESOLVED, to ALTERNATIVELY GRANT a variance for an addition approximately 10 feet in width, with a setback of not less than six feet from the westerly property line (in the area of the existing patio) . Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa.' (Members Doyen and Grigonis were absent. ) This resolution was duly adopted. lk GERARD P. GOEHRI'NGER CHAIRMAN I; CEIVED AND FI'L-FD BY THE SOLITHOLD TOW-1 IE OC DA-"-, ' �s� FT�T TR r: Town C.;lolk, Tot%.+ of E-cOufl,!old APPEALS BOARD MEMBERS SCOTT L.RABBIS Supervisor Gerard P.Goehrin er Chairman 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 BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on TUESDAY, APRIL 30, 1991: 7 : 30 p.m. Appl. No.. 4015 - MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239. 4A, Section 100-244B, for permission to construct addition with an insufficient frontyard setback from the westerly property line, over ekisting patio. Location of Property: 360 Miami Avenue, Peconic, NY; County Tax Map District 1000, Section 67, Block 06, Lot 016. 7:33 p.m. Appl. No. 4014 - JESSICA W. BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County .Tax Map District 1000, Section 81, Block 3 , Lot 7.- A Page 2 - Board of Appeals Notice of .Heari n_gs _ Regular Meeting - April 30 , 1991 7: 38 p.m. Appl. No. 3988 - ANTONIO VANGI . Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239 . 4A for permission to - construct addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconform- ing as to total sideyards, . and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map No. 1000-83-1-17 . 7 : 45 p.m. Appl. No. 4020 - KEITH HARRIS. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition with �n insufficient (westerly) side yard set back. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map No. 1000-139-3-37. 7: 48 p.m. Appl. No. 4019 - CHARLES KREPP. 'Variance to the Zoning Ordinance, Article XXIII , Section 10Q-239. 4B for permission to construct open deck addition with an insufficient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000-57-2-18. Page 3 - Board of Ap] is Notice of Hearings Regular Meeting - April 30, 1991 7: 52 p.m. Appl. No. 4016 - JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. '1000-63-2-14. 7 : 58 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo) . Variances: ( 1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A. 3 , requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1. 43+ acres. (Record is reopened to receive additional survey information. ) 8: 00 p.m. Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two Page 4 - Board c _appeals Notice of Hearings Regular Meeting - April 30, 1991 parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. 1000-99-2-18. 8: 05 p.m. Appl. No. 4017 - CHARLES BLEIFELD. Variances to the Zoning Ordinance, Article III, Section 100-33 and Article XXIV, Section 100-244(A) for: (a) permission to locate swimming pool and garage structures as accessory uses incidental to the proposed residence in an area other than the required rear yard, and (b) permission to locate new dwelling structure with reduced side yard setbacks and reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed Map No. 90; County Tax Map No. 1000-90-4-19 and 20. 8: 15 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII , Section 100-81B( 1) , and Article III , Section 100-31B( 6) for an unmanned telecommunications building in an. existing concrete block building and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio signs to provide cellular telephone services. 'Location. of Property: 415 ELijah' s Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108-4-11. 3 (part of 11) . Page 5 - Board of Ap ils Notice of Hearings Regular Meeting - April 30, 1991 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: April 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ----------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . .v�. . :�—. . . . . . . . . . . . . . 19��. . To PLEASE TAKE NOTICE that your application dated . . . ��7r.v. - • • • - , , • , • , 19 Y(' . for permit to &�a",� • F'n. .�zJ. . Q�� �:1 . . at Location of Propertyf?, , G use No. • • Ho Street "� Hamlec County Tax Map No. 1000 Section . . . . .6 - • . . . Block . . . . . . :6- . . . . . Lot . . . ��c'- - • • • • • Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . W 4 . . . � = �. . . . ia- . . . . . . _. � .ram. • �- v;�f ;� . . . . . . . . . . . . . • . . . . . . . . . - .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � 1, Bu�' - din in PeCtor - - RV 1/80 ..i...y:s_-• ..�._ x ., ,.. o,_.,,,.. ,_,. .., ..., ... _., L., .aw. .. ._.. ..�.. .. ..'•S} i'$.v.Y_a. <.u.2.-.1.Ga.>:r,...... ,4. ,(:....,.Lmc✓w.._. .L->ES.,h.-x.uese�'e's_.'f.._�. *:s/Ar �3,0-0 TOWN OF SOUTHOLD, N Id EVIE li V E D APPEAL FROM DECISION OF BUILDING INSPECTOR A o 19,�PPEAL NO. � l R 5 DATE ...... .:.a 8.:.9�.... TO THE ZONING BOARD OF APPEALS, TOWN OF S00%&81,`NT%. n Clerk 1 (We) e�.Y...�.n...`� .:.!.1 b�.1 L ...).\ r.. ......�..`�.� ... --0 .:�.?.)......�.).V.e............. Name of Appellant _ Street and Number ...... ..................................... :.\1.:....U�.`PHEREBY APPEAL TO J Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE 'BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ........... ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO ?? Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE ( ) PERMIT FOR OCCUPANCY l 1. LOCATION OF THE PROPERTY � ► ......... ! .o.............. Street /Hamlet Use4 District on Zoning Map District 1000 Section 67 Block 4, Lot �� .Current_ Owner MI t r o t` i G Ul r5 /vlop No....................................... .Lot No....... P r i or Owner �3eo�' e�(�aY`i�, 1��G�S.t1r_ GA 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.) Article xX Section I q4 5 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( 3C) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) 'A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) 4um-NeO been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (�() request for o variance 7 and was made in Appeal No. '2 S.�r ..........Dated .....:.l aZ 9 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that W G h 0.Ye �h$ K ` Iry V1 sc� � G� �'bw T C0 S� V, 6%C �" D 0. NC ojgeC� Q , oh o o "r � &Me . Form zs1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATIOV,I OF,-PT,HE-ORDINANCE would produce practical difficulties or unneces- l:,E,•. a;, In .e'Ai"d sary HARDSHIP because vVe t%nA A�i4 We d ., rto� � A ✓-e. e jjper--j gPkG-c . 1 t`:Y. i `mWC�' , oN y ►� o�in,o� ,e •I o owr �ow � t spy oye C1oyr�G� e� " 66.%pro-3 roo,M wtifcoh con a s g k� ��(��,n care� ,At a-6tes c+►�rcJ C �a�N `+ C o N 5¢�.'�•�•�-c p '{'�S G an�H G �t 1r't �{. � W n�o•1t Go K�j S v1�-C S y M1 '�5'c o� a bV.<aA., +0 a So*q QNG G4 Ok% ' S �DN o"r �kfrl �l f� S �aCG. %It; tv -t, vts; �c4 by vow c�;�d ,r�h )aKo� -1'�9e;v' s�o•�sts �V�4 awe. se.ve,Y, 0 r1&34" �a� "" V'cV) , ,�� r-icIctrs e.e. �N4&� F�I'4 y� �Gr ��ro1V' 5 �'�!►C� IiG�MPot� 1a �rc}' VIP &-K.Cvr �ti��� 4 s��.��. . -c, ���.h gr+a�+�a�►��c� � ch( w(►u, be- kv.?f t'h Sty k� �•�'{� sKP cNY �5 xYt a � S1Ie) r1CC� QAo ,'TJovt4 ( J 1 h��, h c� � �-n ✓�S s a,ce, • 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Ae. o- '�J r' f' 40:wl-GS AOT aVt �a�'¢er F041Y. 0 P'� m� ,ar.VL gtnc! k-tave 5@J'ev'a � alb etrna �vs.e o o1Asi4w + �' -�t y c,�,masV �o eX�ae.vtc� OwV' c �l eS���n f s� 5 mV 1 a srna.k1 vtaowouj JAI. �io«-Se �5 SK � � +�a� e�� �en5, 4 abn q,s f Tj -e N R.C� % G C 1 a V? t so'A vlA -1'C 4f A v C • S%A*e . 1=F D tN q„'1 '�� ►� ��on� ors rear I,Sbk�C� 'cV, Calk s OLV) avch �0KIC0 Vve% 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because -VArk4 A �-� �o h •-)a k� a �CL -0 a n S e-'c.h A Avt- 5 .0 A-A V1'.C% Avv- is o, yo A til C.1y �i a C 6 h eGe,v' 0,4 '7'h 6 41C a 1 S T 1�r W �e.h �e V► i�{ re �s o r e, oe ss . �.e ru►e � n$e.d Q�� �� io n v oN.N awt -e d� 'ev+ �av, C.e' ate vr'c.ivt+ Y aS �fe1� c,s STATE OF NEW YORK ...... ...........404 COUNTY OF % ,4GZ�) ss Signature dry day of. 19 �� Sworn to this .................. ...... .. ... .. ...... ... . Notary Public �' "1`2 MATT[-UND NQTA&1. ti'l..rn—�" ' TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT Wr ORMER 0 NER N I E ACR. r9L�c.e. ee,,7-,Ce �A, S W � TYPE OF BUILDING RES.' SEAS. VL. .'; FARM COMM.' CB. MISC. Mkt. Value ti LAND IMP. TOTAL DATE REMARKS /rJ-u""l� �A.(fie�-?'�Aso-a - `�m�t c r. F �•6� Al-�Q�a�z tJ �!✓e �i s✓s .FC. �5�y QC d. '� ,z�' J.,5- l �aoa� - �'9� ' zd/�i�a�.c-� �.�r�'-fie �'o�`�: I,JA�I�„r4��, o - C�Pi�i�@4 �`J G, AGE BUILDING CONDITION Jr -I_ I� _ Q 4,n kl. rS y NEW NORMAL BELOW ABOVE FARM . Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD / 4?4 7 House Plot DEPTH 61 -...� BULKHEAD Nee Total DOCK =' s ;, MEN■■■ ■■■■ NE■NNN■■■■■■■■■ MMMMMMMM■■■ ■■MEMO■■■■■■■■■ ■NNM■MM■■M■ ■■MM■■■eEM■MENONE OMEN EMENMEMM ■■ M■MM■■ OMEN NONE■■■OMEN NEN■ MEMEME NONE MMEME■MN■MM■M■M ■■■NE■ 11M■e M■NE■■■■■■M■■■■ NONE ■ E■■EEE■E■■NEE■N MEMEMME NONEMMEMEMEMMOM EM■MEME MEMO ■MEM■EME■■EEM .. . nclation Bath #'s.:'�.�.�:.. �.-^'."i �KL'rM-�':is' $iTi�L`c"�iTrtc .[-Yy:t.Jl� € '7i5ai"-s ' '��,�yg�' � � "5�' �.-9.4c`£�n,� ^4;�y,,t �x�«•-'ti�4 7if,$1�"fa n r.. �� r� ,�a�lr N�-.i-��'�'-zas,� ,� �:t '�7�eh C'ire�i'r�..-.b x ree_r�'.e Via;,�r�. r"`s......m�'ti3�ti'jh i'Crai v��„• T��' 1 • Lj y f . o PIP 51991 y rNo. f Lor/1lN3.9 �rTioy:Eo ALTTMATIOM oe ADVITIO. Ts SUtYEY IS A VIOLATION of 1Ilk , ION 7Ypf Of THE NEW YObI fiAtE d -— Co LANp FMtIRM AW NOT WAWC T / ��' �r p LMsoSS[0 SEAL of s tr[TEfl SEAL OtID ?C O 1 0 5 e A-h e,: SMALL NOT N CONS ( ; 4 ,1 TO N A VAUb f"cc/Y. CUARAIMn IMCATW MftWN SMALL JUN •, V` l ONLY TO THE K-30M FOIL wMoM NR sLN� E I Y +O 1 c` o�c t C x Gj 4 t V1 jer Is PIUAND,Ai:o oN llfs KHAu TO we n '' P a T t o (z' x 20 N . r BORiG at MGOVUHMENTAL AY� ASSI IOM LISTED M:IiYN,AN DTo THE t GMES of THE LMDM Nam y TIOM.GU"WTEES ARE"of 14AMNIMAIU MO PION"ruflftlTIONS On SuasEouw ! s `,- �- HO ID I all IIA ' A . a •� 1 NOTE N1 �, DATUM ` W. -` ' VfitE e' Q ELEYAT- to ''AT 14 RT9091 t CORaE1L F ; ` AVEiUfC!-sue .:_ - - 4. .d.�I�O�I •�� "" _ 40 = irerr i .c ELL CESSPOOL AT GuClrrr»tN£N'l d f4 The Tit/c �41,7,V.Vte,-; To wn, ar- s©v.-r�yp,L� as surr'aycd Jar.. . 98 T,2o dericrc va" nwelI, 3'GJFF. GGJ N.�, to lam. 7"aX Port e • /o -c' '�'�•'L4f�v/J�,6r r�i' r��Nr- �`�'MN�,c� p� - .:i'�ensrc/LA�d Sun.cyars -_ ' i!e pork"' >-; Page 3 - Appl. No. 40 � Appl. of Melvin and Mollie Kurs Decision Rendered May 23, 1991 (d) that the relief, as alternatively granted, is the minimum necessary to afford relief; (e) that the relief, as granted, is an alternative is feasible for appellants to pursue; (f) in considering all of the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as .applied for a 14' by 24' addition with a front yard setback at 2+- feet, and BE IT FURTHER RESOLVED, to ALTERNATIVELY GRANT. a .variance for an addition approximately 10 feet in width, with a setback of not less than six feet from the westerly property line (in the area of the existing patio) . Vote of the Board: Ayes: Messrs. Goehringer, Dinizio .and Villa. (Members Doyen and Grigonis were absent. ) This resolution was duly adopted. lk ZERARD P. GOEHR NGER G CHAIRMAN SUFFOLK' . P i { I?' J 1�leit � J t 19. g91 ;ilJ , PATRICK G. HALPIN " SUFFOLK COUNTY EXECUTIVE �I DEPARTMENT OF PLANNING ARTMUR -- DIRECTOR OF PLANNING 360-5513 June 17, 1991 Town of Southold Zoning Board of Appeals Applicant: Melvin and Mollie Kurs . Mun. File No.: #4015 S.C.P.D. File No. : SD-91-10 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for' local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Alternative relief warrants consideration. 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 (516)360-5192 All APPEALS BOARD MEMBERS s '� SCOTT L.RABBIS t � • �Y',,,�r w � Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Q7 01 +A._ .11 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 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 , ArticleXXIV , Section 100-239. 4A 100-24'4B Variance from Determination of' Southold Town Building Inspector, Special Exception , Article Section Special Permit Appeal No. : 4015 Applicant: MELVIN AND MOLLIE KURS Location .of Affected Land : 360 Miami Avenue , Peconic , NY County Tax Map Item No . : 1000- 67-6-016 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay , Sound or Estuary) _X 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 permission to construct addition with,` in su -ie-nt frgnf r_d cethark from west property line Copies of Town file and related documents enclosed for, your review. DL. ted : June .5 , 1991 APPEALS BOARD MEMBERS SCOTT L. IS eve x>3 HAIR , '7 Supervisor Gerard P.Goehringer,Chairman ;, 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 BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF,SOUTHOLD Telephone(516)765-1800 June 4, 1991 Mr. and Mrs. Melvin Kurs 1404 Lowell Avenue New Hyde Park, NY 11040 Re: Appl. No. 4015 - Variance for Addition Dear Mr. and Mrs. Kurs: Transmitted for your records is a copy of the determination 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 Inspector for his files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning a - ^ `RPT?SC:?IPT OF HEP.RINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF TUESDAY, APRIL 30, 1991 Board Members Present: Chairman Gerard P. Goehringer Members: Grigonis, Dinizio and Villa Members Absent: Doyen (Due to Serious Illness) Linda Kowalski, Z.B.A. Secretary and approximately 30 persons in• the .audience. Appl. No. 4015 Applicant(s).: . Melvin and Mollie Kurs. Location of Property: _ 360 Miami ••'Ave, `Peconic, NY . County Tax Map No. : 1000-67-6-16' The Chairman opened the hearing at 7: 33 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick Van Tuyl P.C. on January 29, 1981 indicating a two story frame house on a lot of approximately 48 feet 4 inches by 140 feet 4 inches and I have somewhat centrally located a little more toward the easterly side of the property and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Are the Kurs here? How do you do sir? Could I ask you to use the mike if you wouldn't mind. . MR KURS: May I give you a couple of pictures? CHAIRMAN GOEHRINGER: Surely. MR KURS: These are of the interior, that' s the entire total floor. Now the westerly side of the house is up against a private dirt road which Ray Jacobs of the transportation department ascertained, I don't know if he sent over a fax today, he- said he would: CHAIRMAN GOEHRINGER: Yes I have it, thank you. MR KURS: That it is not a Town road and the Assessor' s Office said that they would be sending you a communication to the fact that it' s not on the tax rolls and they said that you should be getting that in another two or three days and I understand that you would reserve decision on our application for the variance pending that. CHAIRMAN GOEHRINGER: Sure. No problem sir. Page 2 - April 30, 1991 Public Hearing - Melvin and Mollie Kurs Southold Z.B.A. MR KURS: Alright. It' s just, we' re new to the area here. This is our second year, we love it here, we find the house is a little small. We have three children, they and their spouses and the seven grandchildren fill up that downstairs, we are really, we are appealing for the variance. CHAIRMAN GOEHRINGER: Mr Kurs before you sit down what is the actual side yard on that side, I can' t read it off the survey, is it 16 feet 2 inches? MR KURS: Yes it is. CHAIRMAN GOEHRINGER: And you are looking to build 14 feet? MR KURS: Yes. CHAIRMAN GOEHRINGER: Okay, so you are looking for a 2 foot side yard? MR KURS: That' s right. That is up against that wooded area, it doesn' t have ingress,. it doesn' t have egress and it' s, we feel it wouldn' t be. inconveniencing anyone. CHAIRMAN GOEHRINGER: I just want to tell you, this Board has never granted a 2 foot side yard. MR KURS: I was aware of that, really, but that patch of woods will never be anything other than a patch of woods. CHAIRMAN GOEHRINGER: Did you ever attempt to acquire any of that property from the Town or who? MR KURS: No we haven' t. CHAIRMAN_ GOEHRINGER: Okay. MR KURS: We, in time, I mean we are new to the area and we would love to look into it and see about doing that. CHAIRMAN GOEHRINGER: Is there any particular reason why you chose to put this addition on the side yard rather than the rear yard or whatever? MR KURS: Well the house is one long house now. It' s small but it' s long and if we put it in the back two things, the kitchen area is in the way, there' s a kitchen and bathroom against that back wall and it would greatly add to the expense in order to do that and also it would give us a very elongated house. Page 3 - April 30, 1991 Public Hearing - Melvin and Mollie Kurs Southold Z.B.A. CHAIRMAN GOEHRINGER: Okay. I thank you sir. We' ll see if any other questions develop. MR KURS: Thank you very much. CHAIRMAN GOEHRINGER: You're welcome. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? Is there any questions .from Board Members? Bob. MEMBER VILLA: Who owns the right of way next to it? Soundview. Ave. CHAIRMAN GOEHRINGER: I think Mr. Kurs has mentioned and. MEMBER VILLA: It' s not on the tax roll. CHAIRMAN GOEHRINGER: No. It' s probably unknown owner. Probably unknown owner. Because it is shown as a paper street. MEMBER VILLA: Because I know in many cases where it' s an unopened street and it' s ' not necessary you can seek abandonment of it and usually the property owners on both sides of the land end up dividing that piece of property. CHAIRMAN GOEHRINGER: Right. MR KURS: If that works out that would be fine, but again we wouldn' t be encroaching on anybody to do what we want to do now and seek to do that in the future. CHAIRMAN GOEHRINGER: Alright we thank you again. Hearing no further questions I .make a motion closing the hearing reserving decision until we receive the correspondence. All in Favor = AYE. CHAIRMAN GOEHRINGER: Thank you very much for coming in. MR KURS: Thank you so much. Page 4 - April 30, 1991 Public Hearing - -Jessica W. Barnard Southold Z.B.A. Appl No. 4014 Applicant(s) : Jessica W. Barnard Location of Property: 4240 Paradise Point Road, Southold NY County Tax Map No. : 1000-81-3=7 The Chairman opened the hearing at 7: 40 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey indicating a parcel that fronts on Little Peconic Bay and has a substantial amount of road frontage on Robinson Road. The applicant wishes to place a garage of approximately 24 by 35 approximately 100 feet from Robinson Road and approximately 80 feet from the southwesterly property line and I have a copy of the survey indicating this and surrounding properties in the area. Mr. Boyd, would you like to be heard? MR BOYD: Good evening Mr. Chairman and Members of the Board. Edward Boyd, Southold NY for the applicant. I believe this application breaks down into two separate parts. The first part has to do with the placement of the structure itself. , This is one of those properties that has no rear yard as the statute would normally set it forth, because the rear yard is the area between the house and Peconic Bay and is absolutely no space to build a garage or any thing else in that portion of the premises. So we are coming before you asking for permission to construct in the front yard of this particular house between the house and the road, Robinson Road which is an extension, a private extension of Paradise Point Road. The second. part of the application will deal with the height of the structure.. Mrs. Barnard, the owner of the premises is going to construct a garage, it is of a modular type and the plans call for a building that is approximately 21 feet along the ridge line and some 23 feet to the top of the cupola and this is higher than 18 feet that is permitted under the Southold Town code. So we are coming to also ask for permission to go a little bit higher then is strictly allowed by the code. CHAIRMAN GOEHRINGER: Where is, what is the upstairs of the garage going to be used for? MR BOYD: If you would permit me, I 'm going to allow Mr. Barnard, the applicants husband to speak to this, because he' s the person who intends to use the upstairs and he could answer better then I can. CHAIRMAN' GOEHRINGER: Thank you Mr. Boyd. MR BOYD: Douglass Barnard. Page 53 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. CHAIRMAN GOEHRINGER: Surely. MEMBER VILLA: How many of these are we looking at for the Town of Southold now. Is this going to be the last one or are we looking at more? MR SMITH: I ' ll try to answer and then I ' ll have one of the engineers answer. They' re speaking to the Village of Greenport about going up on the water tower there and are there any other sites in Southold? MR RESAVY: At this time we don't anticipate any for the . foreseeable future, that being our forecast for the next three years that we have looked. at. And as technology changes that may be ,extended or it may be brought in. But at this time we do not see anything in the next three years, at this point. CHAIRMAN GOEHRINGER: Is there anybody else who would utilize this antenna, other than yourself. Would you rent space on this antenna to anybody else? MR RESAVY: We will not rent space on this tower to anybody else except for the Town if they so desire. to enhance their services in that area. But as a practice of Metro One, we do not do that. CHAIRMAN GOEHRINGER: Okay. What about if the fire district in the immediate hamlet? MR RESAVY: We will be more than happy to support any of the safety net, fire safety, anything in that vain. CHAIRMAN GOEHRINGER: Thank you. MR SMITH: That is already true on the tower that' s going up. CHAIRMAN GOEHRINGER: Right. We thank you very much and we hope to see you at the next meeting or so. MR SMITH: The clerk will advise me or Mr. Moore when it will be back? CHAIRMAN GOEHRINGER: Right. MR SMITH: Thank you. CHAIRMAN GOEHRINGER: Thank you. Hearing no further comment, I make a motion recessing the hearing. .l Page 54 - April 30, 1991 Public Hearing - Cellular Telephone Company Southold Z.B.A. All in Favor - AYE. B (Yaz.Y (Transcribed by Tape) (Not Present at the Hearing) i �J l TPAINSCRIPT OF HEARINGS SO?JTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF TUESDAY, APRIL 30, 1991 Board Members Present: Chairman Gerard P. Goehringer Members: Grigonis, Dinizi.o and Villa Members Absent: Doyen (Due to Serious Illness) Linda Kowalski, Z.B.A. Secretary and approximately 30 persons in the .audience. Appl. No. 4015 Applicant(s).: . Melvin _and_Mollie_,Kurz: Location of Property: 360 Miami Ave, teconic, NY County Tax Map No. : 1000-67-6-16 The Chairman opened the hearing at 7 : 33 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick Van Tuyl P.C. on January 29, 1981 indicating a two story frame house on a lot of approximately 48 feet 4 inches by 140 feet 4 inches and I have somewhat centrally located a little more toward the easterly side of the property and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Are the Kurs here? How do you do sir? Could I ask you to use the mike if you wouldn't mind. . MR KURS: May, I give you a couple of pictures? CHAIRMAN GOEHRINGER: Surely. MR KURS: These are of the interior, that' s the entire total floor. Now the westerly side of the house is up against a private dirt road which Ray Jacobs of the transportation department ascertained, I don' t know if he sent over a fax today, he- said he would. CHAIRMAN GOEHRINGER: Yes I have it, thank you. MR KURS: That it is not a Town road and the Assessor' s Office said that they would be sending you a communication to the fact that it' s not on the tax rolls and they said that you should be getting that in another two or three days and I understand that you would reserve decision on our application for the variance pending that. CHAIRMAN GOEHRINGER: Sure. No problem sir. Page 2 - April 30, 1991 Public Hearing - Melvin and Mollie Kurs Southold Z.B.A. MR KURS: Altight. It' s just, we' re new to the area here. This is our second year, we love it here, we find the house is a little small. We have three children, they and their spouses and the seven grandchildren fill up that downstairs, we are really, we are appealing for the variance. CHAIRMAN GOEHRINGER: Mr Kurs before you sit down what it the actual side yard on that side, I can' t read it off the survey, is it 16 feet 2 inches? MR KURS: Yes it is. CHAIRMAN GOEHRINGER: And you are looking to build 14 feet? MR KURS: Yes. CHAIRMAN GOEHRINGER: Okay, so you are looking for a 2 foot side yard? MR KURS: That' s right. That is up against that wooded area, it doesn' t have ingress, it doesn't have egress and it' s1, we feel it wouldn' t be inconveniencing anyone. CHAIRMAN GOEHRINGER: I just want to tell you, this Board has never granted a 2 foot side yard. MR KURS: I was aware of that, really, but that patch of woods will never be anything other than a patch of woods. CHAIRMAN GOEHRINGER: Did you ever attempt to acquire an of that property from the Town or who? MR KURS: No we haven' t. CHAIRMAN GOEHRINGER: Okay. i MR KURS: We, in time, I mean we are new to the area and we would love to look into it and see about doing that. CHAIRMAN GOEHRINGER: Is there any particular reason why you chose to put this addition on the side yard rather than the rear yard or whatever? MR KURS: Well the house is one long house now. It' s small but it' s long and if we put it in the back two things, the kitchen area is in the way, there' s a kitchen and bathroom against. that back wall and it would greatly add to the expense in order to do that and also it would give us a very elongated house. Page 3 - April 30, 1991 Public Hearing - Melvin and Mollie Kurs Southold Z.B.A. CHAIRMAN GOEHRINGER: Okay. I thank you sir. We' ll see if any other questions develop. MR KURS: Thank you very much. CHAIRMAN GOEHRINGER: You're welcome. Is there anybody else who would like to •speak in favor of this application? Is there anybody who would like to speak against the application? Is there any questions from Board Members? Bob. MEMBER VILLA: Who owns the right of way next to it? Soundview. Ave. CHAIRMAN GOEHRINGER: I think Mr. Kurs has mentioned and. MEMBER VILLA: It' s not on the tax roll. CHAIRMAN GOEHRINGER: No. It' s probably unknown owner. Probably unknown owner. Because it is shown as a paper street. MEMBER VILLA: Because I know in many cases where it' s an unopened street and it' s not necessary you can seek abandonment of it and usually the property owners on both sides of the land end up dividing that piece of property. CHAIRMAN GOEHRINGER: Right. MR KURS: If that works out that would be fine, but again we wouldn' t be encroaching on anybody to do what we want to do now and seek to do that in the future. CHAIRMAN GOEHRINGER: Alright we thank you again. Hearing no further questions I make a motion closing the hearing. reserving decision until we receive the correspondence. All in Favor - AYE. CHAIRMAN. GOEHRINGER: Thank you very much for coming in. MR KURS: Thank you so much. Rage 4 - April 30, 1991 Public Hearing - Jessica W. Barnard Southold Z.B.A. Appl No. 4014 Fpplicant(s) : Jessica W. Barnard Location of Property: 4240 Paradise Point Road, Southold NY County Tax Map No. : 1000-81-3=7 The Chairman opened the hearing at 7 : 40 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey indicating a parcel that. fronts on Little Peconic Bay and has a substantial amount of road frontage on Robinson Road. The applicant wishes to place a garage of approximately 24 by 35 approximately 100 feet from Robinson Road .and approximately 80 feet from the southwesterly property line and I have a copy of the survey indicating this and surrounding properties in the area. Mr. Boyd, would you like to be heard? MR BOYD: Good evening Mr. Chairman and Members of the Board.. Edward Boyd, Southold _NY for .the applicant. I believe this application breaks down into two separate parts. The first part has to do with the placement of the structure itself. This is one of those properties that has no rear yard as the statute would normally set it forth, because the rear yard is the area between the house and Peconic Bay and is absolutely no space to build a garage or any thing else in that portion of the premises: So we are coming before you asking for permission to construct in the front yard of this particular house between the. house and the road, Robinson Road which is an extension, a private extension of Paradise Point Road.. The second part of the application will deal with the height of the structure. Mrs. Barnard, the owner of the premises is going to construct a garage, it .is of a modular type and the plans call for a building that is approximately 21 feet along the ridge line and some 23 feet to the top of the cupola and this is higher than 18 feet that is permitted under the Southold Town code. So we are coming to also ask for permission to go a little bit higher then is strictly allowed by the code. CHAIRMAN GOEHRINGER: Where is, what is the upstairs of the garage going to be used for? MR BOYD: If you would permit me, I 'm going to allow Mr. Barnard, the applicants husband to speak to this, because he' s the person who intends to use the upstairs and he could answer better then I can. CHAIRMAN- GOEHRINGER: Thank you Mr. Boyd. MR BOYD: Douglass Barnard. i APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman .;,;,. Charles Grigonis,Jr. v` '' f = ate ` 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible) . Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure �i F01 Southold Town Hall P.O.Box 1179,53095 Main Road l� �M'� Southold, New York 11971 Fax(516) 765-1823 "` Telephone (516) 765-1937 BOARD OF ASSESSORS TOWN OF SOUTHOLD �l MAY - 1 1991 (+ May 1, 1991 Mel Kurs 1404 Lowell Ave New Hyde Park, NY 11040 Re : SCTM# 1000-67-6-16 Dear Mr. Kurs, Per your request I am writing a letter in reference to Soundview Ave which is located along the southwest property line of the above mentioned Suffolk County Tax Number. The portion of Soundview Ave (see enclosed copy of the SCTM) indicated is not on the current tax roll. The owner of the property is unknown at this present time. If you have any questions do not hesitate to call our office. Sinc r ly, /bbert -17- co RIS/cg Chairman Encl, CC: Board of Appeals CD � scE scc no uo M1� 4. li\`��J!�I � yL` M1 l A •e P�\� ,M1 i= yo c�ti/o /yCST't'l FT. fW V `���� `;pRirySp,�, c' p•.pq' 9/ €/e .\' � „�M1 ,b� sp O.'�I• Oa ;a.'`,�,°r° ", •M( 90 ,io. 11 •,rz3, �u o: Legend KEY IAP SOU THOLD SEC"N.., e.r,to- --- P;..o;,.:., g. -- — nrd, ra..:<l;,__.e.-- e..:.; l.,R. © COUNTY OF SUFFOLK °v ar •IpINYV BIKER.IR. o,..~c °-li.• —__— .m..°;.n;<r l�., _—._— R.r.,. rLr.._ —_ R..e rm Real Pro 067 P,.,. s^^0-^ * �]1 perty Tax Service Agency vaucEOP see,.:,.,,E.r E:..��— v,nw.u" _ E:.Ar o•,r.;.r l:.. _—.1--_ Ri°nn°. iz s.i,e o�.m,,., er. scar;R IEEY Count Center R.<F•<n,•Pr.+.,rl en.. R,;I..°e --_— Rrxr l:.�r ---- „l-, ... v_— P..,;R.. ]] w,e e..= 11Arer Y DISTRICT NO. IOOO "--�� ---- PnLO t- --- Riverheod,L.L,New York ..........._..........,.`s.... sr� r..,r l.• _— _ _—s-- sRa� .�.ei.. an ca. °.r.dc•..�.r PROPERTY MAP I • t r r• :.t, .... n �.. PPP 3o 9y won summ; TtE T Hight-A)ay Oepartment Town of SoWhW,,.l PecoNc Lane Pecois" N.Y. Vt9sa VVYWIPM JACVW'� Tet 765-040 7345211 April 30, 1991 Southold Tow" Board of Appeal:-, Main Road Southold, New York 119711. Dear Sirs: in rVaranup to a right.of.wg pext Mr Me! Kura property, SUFFUlk County Thx Hop No. 1000, WHIon 067, Plown W, Lon 013 n�vv- noon nomainud by Ah" lowthold Town High"ay EQ Lhe best ni my knowipmqn. Respectfully, Raymond./L. jacabs S (per in tandent of Hjghwxy-_ PFP 10 41 10j2d SAUTWO P.2/2 Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 L jAr(ja' Tel 7664140 734-5211 April 30, 1991 Southold Tnn" Hoard of Appsa&; Main Road Soothold, New York 11971 Dear Sirs: k rVOrOnvP Lo a right-&-way next to Mr Me! Kure property, hTfulk Couny Tmx HwP Nc, jonn, Suction OS7, VIOU W, Lot 010 ov, wwned bW Kho lowynald Town Highwa, to thn bamt 0 my knowleys Respectfuliv, Raymond jacuk, Superintandpnt of High ayw \ L Copies of .the Legal. Notices for Hearings to be held 4/30/91 were sent to the following on 4/15/91 Mr. & Mrs . Melvin Kurs 1404 Lowell Avenue New Hyde Park , NY 11040 Ms . Jessica W. Barnard 225 Elderfields Road Manhasset , NY 11030 Mr. John Scaramucci (Vangi ) 2045_ Westphalia Road Mattituck , NY 11952 Marie Ongioni , Esq . (Vangi ) 218 Front St . - Box 562 Greenport , NY 11944 Mr. Keith Harris P . O. Box 513 Mattituck , NY 11952 Torkelsen Builders , Inc . (Krepp ) P. O. Box 1475 Southold , NY 11971 Deborah Doty , Esq . (Ragusin ) P . O . Box 1181 Cutchogue , NY 11935 Mr. & Mrs . Henry Raynor (DeLuca and Mastropaolo ) 320 Love Lane Mattituck , NY 11952 Peter S. Danowski , Esq . (Beifeld ) 616 Roakoke Avenue - P . O. Box 779" Riverhead , NY 11901 Wm. D. Moore , Esq . (Cellular Telephone d/b/a Metro One ) Clause Commons - Suite 3 Main Road - P: 0. Box 23 Mattituck , NY 11952 r o��F.�OLKc�G o y` APPEALS BOARD MEMBERS C SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. '�0,� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 7654800 April 10 , 1991 S.E.O.R.A. �J TYPE II ACTION DECLARATION Appeal No. 4015 Project/Applicants: Melvin and Mollie Kurs County Tax Map No. 1000- 67-6-16 Location of Project: 360 Miami Avenue , Peconic , .NY Relief Requested/Jurisdiction Before This. Board in this Project: Addition with insufficient westerly (front) yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the. Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me �o��FFOLI��OG JUDITH T. TERRY iC Town Hall, 53095 Main Road TOWN CLERK = _ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER y Fax (516) 765-1823 D45 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: March 5, 1991 RE: ZONING APPEAL APPLIC. NO. 4015 - MELVIN & MOLLIE KURS Enclosed herewith is ZONING APPEAL APPLIC. NO. 4015 - MELVIN S MOLLIE KURS together with the Notice of Disapproval from the Building Department, Notice to Adjacent Property Owners, the survey map of property, the Certificate of Occupancy, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, a copy of the deed, a copy of property record card, a copy of the Zoning Board of Appeals action on Appeal #2655, and 3 photos. Judith T. Terry Town Clerk g T BOARD OF APPEALS TOWN OF SOUTHOLD V In the Matter or the Petition of k `/ NOTICE M*_ Yq I l %- Mek`�,c 1�utiIt5 TO to the Board of Appeals of the Town of Southold ADJACENT PROPERTY OWNER TO: YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] s 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: f 4 That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over rights)-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 exalnine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners ' Names : Post Office Address . o� �.v�ell . F��e• Tel . No . ( s`tlD ) ?7_S 44 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS f NAME ADDRESS P 080 613 010 P 497 880 036 P 497 880 037 RECEIPT FOR CERTI [ED [1 XL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) (See Reverse) N N Sent to Sent t ®- N Et to/ me.Y�( VM• a QV R N V• ♦ i/�® - N Y. \��� tlY��/e� r Street and No. i �A ' .Street and No. m Street andp tii a � • So h VitVJ 1%vie m �® Cco 2etl' S �"• P.O. State and WIP Code n( �/ a P.O.,eate and ZIP Code a P. State ancVlZ Code Postage S Postage v H s Postage S Certified Fee v n Certified ee `'� �fj Certified Fee (� CJ 3' _ — — _• Special D r°ree -� Special eli '+ Special Delivery Fee ,(�`'} y: , Restricts [?iv �ep Restricted w`e4 Restricted Delivery Fee ei Return Re 'r, „ tiowing -- � Return Receipt showing ��,�/� ' � Return Receipt showin C`' � `> to whom an� q .>.. to whom ate Delive d C to whom and Date Deli r�8 LO ReturLo Gifu, a , whom, R Fn�f t g to ho Return Receipt showing t r �;1 r Date,a f Deliv— Date, and P of livery 3`e`' d A dr of elive qr It1 TrA Po'._ S/(�/ ? TO ALyPoan •Fes ` T� Ali ag p �stn i 0. Pas ar Date .�:. co oft ar °.� � to VIP E �-', E F_' E PS Z LL LL - LL to N CL IL IL Os- /00 "�/' 0 , /q STATE OF NEW YORK ) --- ---- COUNTY OF SUFFOLK ) SS.: e ` residingat 11+ 014 Louie. Ave a, N ,` IN0140 being duly sworn, deposes and says that on the day of I , 19 , 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 f the Town of Southold;that said Notices were mailed at the United States Post Of- fice at t4cVJ fo to o ;that said Notices were mailed to each of said persons by (certified) (regis ered) mail. Sworn to be ore me this day of , 19 , Notary Public og'W-'W yolk coun Mi wit. � ( This side does not have to be completed on form transmitted to adjoining property owners . ) .14-16 A(21871—Text 12 ' PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1• APPLICANT4/SPONSOR G \Y• � � � 2. PROJECT N ME + 3. PROJECT LOCATION: twat, Municipality Fg(.O n C p d County S a � C7 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks•eta,or provide map) C Or .n t r o Co. W4 Jr o -kt'C S®1--ii h d 5-0 K H d JA t UJ A 4t It we sf 5. IS PROPOSED ACTION- New L`F Expansion ❑Modification/alteration 6.'DESCRIBE PROJECT BRIEFLY. VV k e,�`r. a. yr ►[c,(ram, c�.. t c, � ) '2 K .1 o vt a �,�: 5�` s / uJ -P., 4. ONe. NbbwK 'e..yGitNSI`m 4 Y. it 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately D+ _ acres 8. WIL LY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? CY PROPOSED ACTION COMPes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ���� L7Residential ❑Industrial .0 Commercial Describe: ❑Agriculture ❑Park/Forest/Open space ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL.OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? Wes ❑No If yes,list agency(s)and permitlapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes 2No If yes,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REOUIRE MODIFICATION? ❑Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: 1V1 I If (*in !<(-I LA g al► ►Y\�y)1 � , 1\ �N 5 r 1 r Dale: ! Signature: d AV Fhe action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act o requires es submission of this form, and an envirnmental review will be Uqu3. this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed , that the preparer will use currently available information'concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be 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 —1—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 _LNp 4. Will project have a potentially large- impact on groundwater quality? Yes �No ' 5- Will project significantly effect drainage flow on adjacent sites? , Yes _LNo 6- Will project affect any threatened or endangered plant or animal species? _-Yes _JLNo 7. Will project result in a major adverse effect on air quality? _Yes J 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 �/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? -Yes _3LNo 11. Will project result in major traffic problems or cause a major effect to existing transportation Systems? _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 1/ No 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 popula- tion of more than 5 percent over a one-year period or have a major negative eff _--yes INO , charactc= ect on the of the community or neighborhood? 15. Is there public controversy concerning the project? Yes JNo Prepareres Signature: 7 w Representing: Mr.( Vc�2u N3 28A V/75 MD (I 1•e Date: a? 7' �� 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. ) NL 46P l I/s n K(A 05 IVl n 1� �-r K�rS B. Is the subject premises listed on the real estate market for ,. sale or being shown to prospective buyers? { } Yes [ 1I No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? ( ) Yes {X} No D. 1. Are there any areas which contain wetland grasses? go 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? '"N. (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? NO_ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? N one 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? N o . If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel A%-s %k�%Vt.; and proposed use e, X f S o h o d wl I • a•� r•4f Authorized Signatur And Date 3/87, 10/901k FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Z10386 February 10 , 81 No. . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . .. 19 . . . THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360 Miami Avenue and Soundview Ave . , Peconic ,NY Location of Property �.., . Ave:.,. . . . House l O. Street Ham%r County Tax Map No. 1000 Section . 0 6 7. . . . . . .Block . . . .0 6. . . . .Lot . . . .916. . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.Filed Map No. . . . . . . .Lot No. . . . . . . . . . ... . . . conforms substantially to the Application for Building Permit heretofore filed in, this office dated . . . , 0 c t o b e r .2 6, . . , , I 9. .pursuant to which Building Permit NbP 5 81 Z. . . . . . . dated . . , March, ,1.1 , , . . .., , , . . , .. 19 . $0 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wich this certificate is issued is . .. . : . . . . h . . . . . . , , .Private One-Family, Dwelling, . . . . . . , The certificate is issued to.,: . . . . , Robert W a d d.i n g t o n . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . .P e n d i n g, , , , . , . . . . . . . . . . . . . . . . . . -Board of .Appeals Approved #2655 January 22 , 1 80 insuf. F.Y. Set Back � . . . . . . . . . . . . . . . . . . 1� Building Inspector Rev.1/81 t,� O b -3 Ff OO O� Form 8002•8-8.7-20M—IlerFnin nnv 8de M-ed,with Co.•ennnt against Grantor's Acts—Indlviuunl or Corporation. (single sheet) , CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 1 8646"110 � 3J3 THIS INDENTURE,Cnade the 7 day of May ninefeen;hundred and eighty—nine BETWEEN GEORGE BUCKLEY and MARIE BUCKLEY, his wife, both residing at 60 Kingsbury Road, Garden City, New York, party of the first part,,and MELVIN KURS and MOLLIE KURS , his wife, both residing at 1404 Lowell Avenue, New Hyde Park, New York, party of the second part; :. WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release uryto the party of the second part, the heirs or successors and assigns of the party of.the second part forever, ALL that certain plot , piece or parcel of land. situate, lying and being at Peconic , in the Town of Southold . County of Suffolk and State of New York . being more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the..Northec•ly side of Miami Avenue. (a Private road) with the Easterly side of Sound .V'iew Avenue (a private road) ; RUNNING THENCE North 27 degrees 15 minutes Nest, along the Easterly side of Sound View Avenue , 140.4 feet; , THENCE North 62 degrees 45 minutes East , 46.7 feet; THENCE South 28 degrees 00 minutes East , 140.4 feet to the Northerly side of Miami Avenue; '1'ttENCE "$ouch E2 degrees""45 dtt s West;as on �ttie "NorCfipriy side o'£ f7iami Avenue", -- 48.4 feet to the point or place of BEGINNING. TOGETHER with a riqht-of-way for ingress and egress over Miam.l Avenue , Easterly from the above described premises to Mill Road Avenue. BEING'.AND INTENDED TO BE the same premises conveyed to the Grantors herein by deed dated April 14, 1981 and recorded in the Suffolk County Clerk ' s of 4QQ81 in Liber 8989 page 525 . � N Q f�E -I V ED i W �L� ✓ `fd• ��� REAL ESTATE r'3 TA)(r-IAP �J MAY 25 1989 ,)L'SfGNAT1ON TRANSFER TAX 1000 TOG[sT11L'R with all right, tit and irltcr� ;�iQ(xy, of tile- p. ty of llle first part in and to any streets and roads abutting the above describ d remise Lt111d enter lines Hereof; TOGL'TIl1;R with the appurtenances icc and all fhc estate and rights of tie par y o le lrs par lid to said premises; TO IIAVL' AND TO 067.00 HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of tlk. 06.00 the party of tile- second part forever. 016.000 M71NT3 tfie party°T`(}le last part covenants that the Harty of the Irst part has not done or differed anything T whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust;,fund,,topbg ;kp,)lied first for the purpose of paying the cost of the improvement and will apply the same first ta°tlra?Paymer�t,oItjjh,eost of the'improvement before using any part of the total of the same for any other purpoe 1:, ' , The word "party" shall becconifft16d:h9rif it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above ` O written. IN PRESENCE OFS tMtfeg Buckley r Buckley On the_/"` _day of May 19 89 , before me On the day -of lY , IYCLUIC u.c persor�ally came personally came George Buckley and Marie Buc y "` y to me known to he the individuals described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowled ed that executede the xecuted foregoing hem�strument, and acknowledged that they executed the same. ; notary pu is ROBERT F,BALL _ Uc State of NOWYo►ic__ _ NOTARY PUB f1�13(i375 _ ouetified in�y 31�n?Wp 'Form F.Vk /, ss: STATE OF NEW YORK. COUNTY OF ssr STATE OF NEW YORK, COUNTY.OF _ On the day of - 19 before me On the day'of 19 , before me personally came personally came , to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom 1 am persgnally. acquainted, who, being by me duly sworn,.did depose and say that he resides at No. that he is the that tie knows of the corporation described to be the individual in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed described in and who .executed the foregoing instrument; to said instruinei)t is such corporate seal; that it was so that lie, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tiop, and that lie signed It name thereto by like order. at the same time subscribed h name as witness thereto. Pugain Antl i0gl: yaeeb SECTION 067.00 Wi111 COVENANT AcAINs'r GRAN'IOR's Acis BLOCK 06.00 TITLE No. 4307-2000358 • LOT 016.000 COUNTY oR TOWN Suffolk/Southold Buckley TAX BILIANG ADDRESS Li TOCl • � r,) r'y' KurS Recorded At equest of Tlcor Title Guarantee n BTURN BY MAIL TO: i I ZI __-- ._. ......-.-.-..............__-. __...__._...__._._----_---- Michael J. Hall, Esq. Diutihuted by y �r 1050 Youngs Avenue Southold, New York Zip No11971 C" TIC OR TITLE GUARANTEE W u v_ O 0 z o doe O be W 1+. J o LU 1'JS� Z 5� w W ' N W ad S 0 U' T' H- 0 L D 0 W N E R S G U I D E PAGE 419 ADDRESS z I P _XM A_p­N REPUTED !3889 P E C O N I C NY 11953 ------------------------------------------------------------------------77------------------- --------------- 1.-5-3 MALDUTIS JULIUS JR 85-26 210TH ST ?3889 �UEENS VILLAGE NY 11427-­- ---- - ---------------------------- i.-5-4 CORCORAN DAVID J 1 38 SHERRY HILL LANE 73889 JOYCE M A )HASSET NY 11030 77------------ --------------- --------------------------------------------------------------------------------77-7----7 DUCKPOND DR W --M A CK AY—3 E R N A R 0 M-&-W F 11793 F388 N Y .?­.-­.­ -­ ­-'­-­-..-­ ­­­­ -­ - ----.,, -- ., . ....- - - -1. -- ---.Y�,N T A G 4 ---------------------------------- --------------------------------------------------------------------- 1.-_6-2 8-L-A C K H A M-WILL I A M R W'F 5F I-E L D S T O N E LANE 06001 73884- AVON CT ------------------—--------------------- 1.-6-3 UZZO STEPHEN M & WF 57 MECHANIC ST 13889 HUNTI14GTON NY 11743 - ­­- ­-, --:. -­-��--­-'-.. ----------------------- --- ------------------------------------------------------------------------------------------------ -- F.-6-4 P'E-LLETIER- RENEE STRAIGHT LANE 11756 13889 LEVITTOWN NY -y7- 7 -7=77��6-------------------------------------- ----------------------------------------------------------------- F.-6-5 OOTH"HELEN--E SOUNDVIEW AVE 73889 PECONIC NY 11958 ----- ----------------------------------------------------------------------------------------- ------ ZAYNES RICHARD D--------- I 7 -6---6 100 PIONEER ST 13889 ROKOFF SANDRA J BROOKLYN NY 11231 ------------------------------- --------7------------------7--------------- —----- 67 MIAMI AVE WARWICK JA;lES F 11958 13389 --ff�qpjlc'N Y ------------------------------------------------------------------- %-6-9.1 -------WALSH -PETER C & WF _HAS T I HG S- ON...H U D S O N 13889 15 DEVON WAY NY --------------- 10706 � - 3.33 74TH ST ED ;IRD k CW 73889 • ----- ----------- ----------- ------- ----------- ----- ---------- ---------------------------------Y----- - - - - - -- - ------------------------- 11209 L,-6-11 -MAGUIRE EPWARD 74TH ST 73839 BROOKLYNfN Y 11209 ----------------------—------- --------------------------------------------------------------7------------------------------------ I R E- EDW A.-R-D -H­-Pj ..WF 333 74TH ST Y - 11209 ----------------------------------------------------------------------------------------------------------------------------------- 7.-6-13 MAGUIRE EDWARD H & WF 338 74TH ST, 73339 BROOKLYN NY --------------------- ------------ ------------------------------------------------------------------------------------------------ -------W A R W I C'K-J-A ME­S-F 67 MIAMI AVE 73.83-9 PEC.ONIC,,N Y 11958--------------------------------------------------------------------------------------------------------- ------------WROOKS SEYMOUR ANO 605 ?TH STREET 7.-6-1 5 4;' .--. - . ✓--- .- ­----­­­--- .­-.-- - �- - .1 �--- .­­­ .-- . . 13889 DROOKLYN NY 11218 M L V'I N --------------------------------------------------------------------------------------- - ---------- 1404 LOWLL AVENUE :-7, F NEW HYDE"PARK NY 11040 ---------------------------------- ---------- ------------------------------------------------------------------------------------- 7-1 DaTORRES CECILIA BUZIO 1­4 C R-P-A-STREET 73389-- —NEW YORK NY 10012 ----------------------------------------------------------------------------------------------------------------—---------------- p:'f. 1 1 •\ 80 VR A \ \ \ 6 t Go/dsmilhs wNri Nat+• 1\n m- \ 1 ; A- RJ80 _s \ I Ls RoA 00 ,NG - LI HB R-40 o \ R-80 PE NIC ROAD R-80 A—`'n 11".•�. 1 ,41 - � +1. �111 / N I ,� gDPD ' � R-8� � •� � 44 80 .,.,� R_ao I .. c-a .:{'Y: r..-• ro w. A—C LEGAL NOT] . NOTICE. IS 1 EBY wall along high water mark. . GIVEN, pursuant tt_ ._._ction Location of Property: 1235 irticle III, Section 1 ion and 267 of New York Town Law and Island View Lane, Greenport, Article XXIV, Section 100- the Code of the Town of I NY,Count Tax Ma No. 1000- 244(A) for: (a) permission to Y p locate swimming pool and Southold, the following public I 57-2-18. gar- Southold, pp age structures as accessory uses hearings will be held b the 7:52 incidental to the proposed resi- SOUTHOLD TOWN BOARD JULIUS AND KATHERINE deuce in the re required re OF APPEALS at a Regular RAGUSIN. Variance to the area other than the area yard,and b � Meeting, at the Southold Town Zoning. Ordinance, Article ( )per- Hall, 53095 ,Plain Road, J XXIV, Sections 100-242A and mission to locate new dwelling I structure with reduced side yard Southold, NY 11971,on TUES- 100-244B for permission to con- setbacks and reduced front yard DAY, APRIL 30, 1991: struct addition to existing non- setback. Location of Property: 7:30 p.m. Appl. No. 4015 conforming dwelling structure, 1115 Private Road No. 16 at Bay- ME LV I N AND MO L L I E increasing the lot coverage and view, Southold; Lots 41 and 42 LKS. Variance to the Zoning reducing the rear yard setback. as shown on the Cedar Beach L_ ance, Article XXIV, Sec- Location of Property:215 Hum- Park Filed Map No. 90; Coun- „ 100-239.4A, Section mel Avenue, Southold; County ty Tax Map No. 1000-90-4-191 �ywJ44B, for permission to con- i Tax Map No. 1000-63-2-14. addition with an insuffi- 7:58 and 20. p.m. Appl. No. 3998— 8:15 p.m. Appl. No. 4022— ! frontyard sethack from the HENRY AND MARY RAY- CELLULAR TELEPHONE rl Ily property line,over exist- NOR. (Current Owners: Mr. COMPANY d/b/a METROatio. Location of Proper- and Mrs. Albert Mastropaolo.) ONE. Request for Special RO0 Miami Avenue, Ex- Peconic, I Variances:(1)for approval of ac- ception approval under Article ounty Tax Map District cess as required by New York VIII, section 100-81B(1), andSection 67, Block 06, Lot'' Town Law, Section 280A over Article III, Section 100-31 B(6) 016. private right-of-way extending 7:33 p.m. Appl. No. 4014— off the north side of Peconic' for an unmanned telecommuni- JESSICA W. BARNARD. Var- BayBoulevard, Laurel, to re- cations building b building existing p concrete block building and iance to the Zoning Ordinance, mises identified as County Tax construction of a 104-ft. high Article 111, Section 100-33 for Map Designation 1000-126-04-1, monopole radio tower with an- permission to locate accessory 2, 5; and (2) to the Zoning Or- tenna for transmitting and re- i building in an area other than dinance, Article IIIA, Section ceiving radio signs to provide the required rear yard.Location i 100-30A.3, requesting relief cellular telephone services. of Property:4240 Paradise Point I under the bulk area require- Road, Southold, NY; County I ments of the proposed norther- Location of Property: 415 Eli- jah s Lane,Mattituck,NY;also Tax Map District 1000, Section j ly parcel of 30,162 sq. ft.and the shown on Planning Board Map 81, Block 3, Lot 7. proposed southeasterly parcel of of May 15, 1990,Map No.8937. 7:38 p.m. Appl. No. 3988— 27,062 s q' ft. The subject land County Tat Map No. 1000-108- ANTONIO VANGI.Variance to I is located in the R-40 Zone Dis- the Zoning Ordinance, Article trict, and is also shown on the 4-Th (part o A XXIV,Section 100-244 and Ar- p of A.L. Downs"as Lots The Board of Appeals will d `,�Qa' � said time and place hear any and ticle XXIII,Section 100-239.4A 1�o. 24, 25, 26, 27, 28, 29, 30. 1 for permission to construct Containinga total combined all persons or representatives de-, siring to he heard in each of the addition with a setback of less arc;t of 1.43 t acres. (Record is above matters. Written corn. th;ui 100 feet Irorn the top of the reopened to rcccive additional mcnis may also be submitted Cbl'uff along the Long Island %uncy information.) N� .iR+tlnd and mtth ride aids at rrtor to rtic conclusion oI the ) i.(Yl P.m. Appl, tit)L. St)1:— tttb th�tailgt rCe�tirLtll}a YI WIl..l._!A`.t .^tif) :'tC�I�S t.)1 lit fFrarsnE. f:.ach t:cari::e ill cicr e.art 1Icfrcts the r a,•�y 7111i*_�i+-' til?,Q6?-.w`1 i3;;si„� ►?!<-`.:, s.e.tom, .4 u.� i S -.ix :r, _ ..- .•� `.�f dt6:�i Rsyt,3Te.h rti' '.a`; a.n 74' ,.,t S a,m i• °':2 rt' t .':A:.' . < _ t. 1 .S.1_ .,,s ;'td`$�'2 �..�' tf "�. R.+.r ,•is� . .;'1:.. -., t? .:,.�,,1 iyS,r4 d.:'L:�,E .:€:: die; Atx, 1 'c t.;I....t•:::s i It:cai- No. 1C0.r1.rj.l.l; t,, 111: t•til"liitll..1) it.ietr`: r:l ka:td. . fat:tiuci;C.�un' 110AR1) OF APPEALS -- 7;dS p.m. Appl. No. 4020— ty 7ax Map No. 1000-99-2.1S. GERARD R GOEHRINGER KEITH HARRIS. Variance to �:05 p.m. Appl. No. 4017— the 'Zoning Ordinance, Article CHARLES i31_EIFELD. Vari- BY Linda Kowalski Linda KowtAN III, Section l00-32 for permis- ances to the Zoning Ordinance, alski sion to construct addition with 1X, 4/18/91 (4) I an insufficient (westerly) side yard setback. Location of Pro- perty:265 Freeman Road,Mat- tituck, NY; County Tax Map No. 1000-139-3-37. - 7:48 p.m. Appl. No. 4019— CHARLES KREPP. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.413 for permission to construct open deck addition with an insuffi- cient setback from the retaining I COUNTY OF SUFFOL ' s: S'fA'1'1= 01= NEW YORK' Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has heen ,published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . /. . . . . . weeks I,p5 Successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . clay of . . . . . . . . . . . . ., 19 T. . . Sworn to before me this . . . . . . . . . . . . . . . . . . clay of . . . . . . . . . . . . . . . . . , i� 9.l . . . ... . . . . . . . . . . . . . . . . . . . . Notary Public BARBARA A SCHNEIDER NOTARY PUBLIC,St^te of New York_ No.489Ou846 Qualified in Sntfolk Coynty Commission Expires /�i �2, LEGAL ' NOTICE IS HEREBY GIVEN, Pursuant to Section 267 of,New York 1 -- Town Law and the Code of the Town 8:05 1 Appl. No. 4017 of Southold,the following public CHARLES BLEIFELD. Variances to STATE OF NEW YORK) hearings will be held by the the Zoning Ordinance, Article III, SOUTHOLD TOWN BOARD OF Section 100-33 and Article XXIV, )SS' APPEALS at a Regular Meeting,at Section 100-244(A)for: (a)permis- COUNTY OF SUFFOLK) the Southold Town Hall,53095 Main sion to locate swimming pool and Road, SAWNbf_NY 11971, on garage structures as accessory uses ) /l TUESDAY,APRIL 30,1991: incidental to the proposed5����/�/ �OC/� of Mattituek, in 7:30 p.m. Appl. No. 4015 — in an area other than th required rear t MELVIN AND MOLLIE KURS. yard, and (b)permission to locate, Said County, being duly sworn,says that he/she Is Principal f Variance to the Zoning Ordinance, new dwelling structure with reduced Clerk of THE SUFFOLK TIMES, a Weekly Newspaper", P+ Article XXIV,Section 100-239.4A side yard setbacks and reduced from r Section 100-244B,for permission t yard setback. Location of Property: published at MattitUCk, in the Town Of Southold, County of j construct addition with an insufficient 1115 Private Road No.16 at Bayview; Suffolk and State of New York,and that the Notice of which frontyard setback from the westerly Southold;Lots 41 and 42 as shown of, jA erty line, over existing patio. the Cedar Beach Park Filed Map No: the annexed is a printed copy,has been regularly published in tion of Property: 360 Miami 90; County Tax Map No. 1000 90 4- ue,Peconic,NY; County Tax 19 and 20. said Newspaper once each week for ! weeks District 1000,Section 67,Block 8:15 p.m.Appl.No.4022—CBL' S cesslvely, eommen Ing on theIg day Of ot 016. LULAR TELEPHONE COMPANY, �L 19 9�. 7:33 p.m.Appl.No.4014— d/b/a METRO ONE.Request for Spe� SICA W.BARNARD.Variance to the cial Exception approval under Article / Zoning Ordinance,Article III,Section IIIII,Section 100- -31 B,and Article. orY b for perg in a area to locate acres- III, Section 100-31 B(6) for an'- sory building y d.area other than the unmanned telecommunications build2 required rear yard.Location of prop_ ing in an existing concrete block'. erty: 4240 Paradise Point Road; building and construction of a 104-ft. Southold,NY;County Tax Map Dis• high monopole radio tower with VPri ipa C rk [fist 1000,Section 81,Block 3,Lot 7. antenna for transmitting and receiving: 7:38 p.m. Appl. No. 3988 _ radio signals to provide cellular tele ANTONIO VANGI..Variance to the phone services.Location of Property:: All Zoning Ordinance,Article XXIV; 415 Elijah's Lane,Mattituck,NY,' �� Section 100-244 and Article XXIII,' also shown on Planning Board Map'- Sworn t0 b fore me,this Section 100-239.4A for permission to of May 15. 1990,Map No. 8937 construct addition with a setback of County Tax Map No. 1000-108-4; - day® 19 [ less than 100 feet from the top of the 111.3(part of 11). bluff along the Long Island Sound` The Board of Appeals will at said ��- and with side yards at less than the. time and place hear any and all per- required 15 and 20 feet.The dwelling sons or representatives desiring to be. as exists is nonconforming as to total heard in each of the above matters. sideyards,and the lot area and width• Written comments may also be sub- i are nonconforming in this R40 Zone- mitted prior to the conclusion of the District. Location of Property: 645' subject hearing.Each hearing will not i Glen Court,Cutchogue,NY; County• start before the time allotted.Addi- Tax Map No.1000-83-1-17. - tional time for your presentation will 7:45 p.m. Appl. No. 4020 — be available, if needed. For more KEITH HARRIS. Variance to the - information,please call 765-1809. Zoning Ordinance,Article III,Section Dated:April 10,1991. 100-32 for permission tq construct BY ORDER OF THE SOUTHOLD addition with an insufficient(wester; TOWN BOARD OF APPEALS ly) side yard set back. Location of GERARD P.GOEHRINGER Property:265 Freeman Road,Matti- CHAIRMAN tuck,NY,County Tax Map No.1000- 139-3-37. BY Linda Kowalski _7M-1TA18__ 7:48 p.m. Appl. No. 4019 — --- CHARLES KREPP. Variance to the, Zoning Ordinance, Article XXIII Section 100-239.4B forpermission to, construct open deck-addition with-ar insufficient setback from the ruining wall along high water mark.Location- of Property: 1235 Island View Lane, Greenport,NY;County Tax Map No. 1000-57-2-18. 7:52 p.m. Appl. No. 4016 — JULIUS AND KATHERINE RA, GUSIN.Variance to the Zoning Or- dinance.Article XXIV,Sections 100- 242A and 100-244B for permission to construct addition to existing noncon- forming dwelling structure,increasing the lot coverage and reducing the real yard setback. Location of Property! 215 Hummel Avenue, Southold; L County Tax Map No.1000-63-2-14. 7:58 p.m. Appl. No. 3998 HENRY AND MARY RAYNOR. z (Current Owners:Mr.and Mrs.Albert .��,�% z� 2-L'L��✓✓ Mastropaolo). Variances: (1)for approval of access as required by, New York Town Law,Section 280A• over private right-of-way extending. off the north side bf Peconic Bay- Boulevard,Laurel,to premises iden- tified as County Tax Map Designation 1000-126-04-1,2,5;and (2)to the Zoning Ordinance,Article IRA,Sec- tion 100-30A.3,requesting relief under the bulls area requirements of. the proposed northerly parcel of 30,162 sq.ft.and the proposed south- easterly parcel of 27,062 sq.ft. The object land is located in the R-40 ne District,and is also shown on he "Map of A. L. Downs"as Lots o.24,25,26,27,28,29,30. Con/ taming a total combined area of 1.43±- acres. (Record is reopened to receive, additional survey information.)• 8:00 p.m. Appl. No. 4012.— WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III,Section 100-32 for ap- proval of insufficient lot area,depth and width of two parcels in this prd= posed division of land located along the west side of Luthers(Breakwater) Road,Mattituci&�y Tax Map No.1000-99-7-18. CS7 - - ', - _ Ir r X 1 1 � 'zes