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HomeMy WebLinkAbout4045 L APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman } Charles Gri onis Jr. 1 '' g Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa v + °"r '' a < Fax 516 765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4045. Upon application of GLORIA LOWERY. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open-deck addition to dwelling structure with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 650 Oak Avenue, Southold, NY; County Tax Map No. 1000-77-1-2; Also referred to as Lot (Combined) Nos. 285-, 284, 283 , 282, and part of 281 on the Map of Goose Bay Estates ( 1934) .. WHEREAS, a public hearing was held on August 15, 1991, and all those who desired to be heard were heard and their testimony recorded;. WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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, appellant seeks a variance under Article XXIII, Section 100-239. 4B for a 12 ft. x 20 ft. open (unenclosed) deck extension at the north (seaward) end of the existing residence. The setback proposed at the westerly side is 15 feet and at the northerly property line 50 feet, or 6316" from the eisting bulkhead (at its closest points) , all as shown on the sketch prepared by Proper-T Services dated June 10,' 1991. 2. The premises in question is identified on the Suffolk . County Tax Maps as District 1000, Section 77, Block 1, Lot 2, and contains a total lot area of 12,600+- sq. ft. with 90 ft. frontage along the north side of Oak Avenue, in the Hamlet and Town of Southold. Page 2 - Southold Ti Board of Appeals Special Meeting of September 12, 1991 3 . The dwelling as exists is shown to be set back 42+- feet from Oak Avenue, side yards at 15 and 29 feet; and the setback to the rear property line measures at a scaled distance of 63 . 6 feet. (See survey prepared by !Roderick VanTuyl, P.C. dated September 10, 1975. 4. Article XXIII, Section 100-239. 4B of the Zoning Code requires all buildings and structures located on lots upon which & bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet. 5. The setback at the closest point between the bulkhead and rip-rap area to the outer edge of the proposed deck is approximately 60 feet, although the distance to the outer edge of the bulkhead is shown by the applicant to be 6316" (inclusive of steps) . 6 . In considering this application, the Board finds: (a) the relief requested is not substantial in relation to other structures generally existing in the area; (b) the relief requested is the minimum necessary to afford relief; (c) the relief as requested will not alter the essential character of the neighborhood; (d) the practical difficulties imposed are uniquely related to the property and are not personal; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, con- venience or order of the town, or be adverse to the neighboring properties; (f) in view of all' the above, the interests of justice will be served by granting the relief requested as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT permission to locate a 12' x 20' open deck at the rear of the existing dwelling as applied for under Appl. No. 4045 (GLORIA LOWERY) , SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain unroofed and open (unenclosed) , as Lo 1n/62x Southold Tc Board of Appeals �cial Meeting of Sepuember 12, 1991 applied for; 2. That the construction granted under this variance is limited to an open deck with strips at a setback of 50 feet from the rear property line, 60 feet to the closest bulkhead, 6316" to the northerly bulkhead shown on the sketch submitted under this application. (It is also understood that all roof runoff shall be retained in drain(s) on site without runoff into the creek areas. ) Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Doyen and Grigonis were absent. ) This resolu- tion was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR 7� Town Clerk,. Town of Southold • for*•••® GERARD P. .GOEHRINGER, CHAI 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 AUGUST 15 , 1991, commencing 'at the times specified below: 7:30 p.m. Appl. No. , 4043 - JOHN H. AND GAYLE BIRKMIER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish "Bed and Breakfast Use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms on the second-floor of the existing dwelling structure. Location 48850 Main Road, Southold, NY; County Tax Map No. 1000-70-07-10. 7: 35 p.m. Appl. No. 4044 - WILLIAM, AILEEN AND JOHN PARROTT. Variance to- the Zoning Ordinance, Article XXIII, Section 100-239.4B and Article XXIV, Section 100-244B, for approval of deck construction at less than 75 feet from the bulkhead and in Page 2 - Legal Notic- of Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals excess of the 20% lot coverage limitation for all structures. The subject parcel is substandaird in size and is located in the R-40 Zone District. Location of Property: 2435 Cedar Lane, East Marion; County Tax Map No. 1000-37-4-9. 7 :,40 p.m. Appl. No. 4045 - GLORIA LOWERY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 (B) for permission to construct open-deck addition to dwelling structure with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in site and is located in the R-40 Zone District. Location of Property: 650 Oak Avenue, Southold, NY; County Tax Map No. 1000-77-1-2. Also .referred to as Lot Nos. 285, 284, 283 , 282, and part of 281 on the Map of Goose Bay Estates ( 1934) . s 7: 45 p.m. Appl. No. 4046 - MR. AND MRS. THOMAS M. McKEON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition with breezeway and garage which will be in excess of the 20% lot coverage limitation. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 415 Fisherman' s Beach Road, Cutchogue; also referred to as Lot 7 on the Map of Peconic Bay Properties, Inc. ( 1931) ; County Tax Map No. 1000-111-1-26. 7 : 53 p.m. Appl. No. 4048 - BURT LEWIS, JR. Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XXIV, Page 3 - Legal Notiu- of Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals Section 100-243 for approval of office addition resulting in an expansion of the existing noncohforming use and increasing the degree of nonconformance of the building setback in the front yard area. The subject parcel is substandard in size and is located in the Agricultural-Conservation. (A-C) Zone District. Location of Property: 6920 Main Road, Laurel, NY; County Tax Map No. 1000-126-01-4.1; also referred to as Lot Nos. 1 & 2 on the Map of George I. Tuthill (1929) . 8 :15 p.m. Appl. No. 4041 - DONALD AND JEANNE GRIM. Amendment to Special Exception approval undler ,Appl. No. 3491, in this Light Industrial (LI) Zone District for permission to authorize recycling and salvage facilitiy, excavation and drainage yard (pursuant to- Town Board' Resolution adopted April 9, 1991, to be used in conjunction with those uses conditionally permitted 9 under Special Exception No. 3491 (ZBA resolution adopted June 25, 1986) for outside stockpiling of material and related offices. Location of Property: Lot No. 2 on the Minor Subdivision Map No. 450 of L.B. Glover; 11910 Oregon Road, Cutchogue, NY; County Tax Map No. 1000-83-3-part of 4.4, containing 4.59 acres. 8:20 p.m. Appl. No. 4042 - LAWRENCE CERVON. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4B for permission. to construct addition to dwelling with a setback at less than 75 feet from the bulkhead. Location of Property: Page 4 - Legal Notic >f Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-126-11-21. The subject parcel is substandard in size and is located in the R-40 Zone District. 8:30 p.m. Appl. No.. 3959 - MR. AND MRS. . JOSEPH HARDY. Variance to the Zoning Ordinance, Article IX, Section 100-92, for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residential unit of this substandard parcel. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District t containing approximately 'one-half acre of total lot area. 8:40 p.m. Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Special Exception to the Zoning Ordinance, Article IX, Section 100-91B( 2) ( 4) to permit either an accessory apartment or second dwelling unit over stores, or alternatively to permit multiple dwelling use within the existing mixed business/residential structure. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map- ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. 1 Page 5 - Legal Notic= of Hearings Regular Meeting of August 15 , 1991 Southold Town Board of Appeals 8: 50 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definiiion Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities. Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 and 002 ( 2. 1) , containing approximately 7.5 acres. Zone District: Resort Residential (RR) . 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 above. For more information, please call 765-1809. !2 Dated: , July 2.5`-, .19 91. l' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 8/5/91 L.I. Traveler-Watchman For Publication FORM NO.3 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE =1 UN 2 2, SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. Date Q .�e.. .. . . . . . . . . . . . . .. 1991.To . '. . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your a placation dated . . .(o . .-- . . . . . . . . . . . ., 19P. . for permit to construct . !x!! . . . . . . . at Location of Property (03�. . . . . . . . . . . ..� ��. . . .�. . . . . . . . . . . . . 8.11 . House No. Street amlet County Tax Map No. 1000 Section�?. � . . . . . Block . .', �. . . . . Lot k'W. . .Mr. Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds 4L41C16-. . � . . I� . . . JI - . . . . elm r -NW4 -'�- . . . . . . . . . . . . . . . . . . . t;17.9:� 1 B ' din4Iec o RV 1/80 R E C E I I D TOWN OF SOUTNOLD, NEW Y V 2 2 1991 Southold Town CI rrk C� APPEAL FROM DECISION OF BUILDING INSPECTOR APPE�L NO. ,2-2, .. ....__. DATE ....Ju. Y.... ...19 91 TO THE 5oamNesGE$O pt�gera �;s'OT�.N/ r0pe0Se'v ces 1 (We) for..Gloria Lowery.........................of ......P, ..... oX..61..7.......................................... Name of Appellant Street and Number Cutchogue, NY 11935 ........................HEREBY APPEAL TO ............................................................................................. .... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON DATED ....:.....June 1.2.:...�991............. APPLICATION FOR PERMIT NO. ""......................... WHEREBY THE BUILDING INSPECTOR DENIED TO Same as APPELLANT.,...above ........ ............................................... . ....... Name of Applicant for permit of Street and Number....................... Municipality................. .State....................... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X)' PERMIT TO CONSTRUCT 1. �LOCATI`ON OF THE PROPERTY'....6.r?.0„Oak...eve, `$out�,Q�...., .......... .�t-4o.. .:..... Street /Hamle.t / . Use District, on Zoning Mop District -1000 Secti on 77Block 1- Lot 2 Gl oria 'Lowery t Owner - Mop No. Lot No. Prior Owner Denis M. Salzman 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 XXIII Section 100-239.4(B) 3. TYPE OF APPEAL Appeal is made herewith for (pl ease check appropriate box) ( X) 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 not) been made:with respect to this.decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A .Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that the addition of an open deck to the residence existing on the property will provide the opportunity for greatly enhanced enjoyment of the property by the owner, her family, and her guests. Form zB1 (Continue on other side) a t :: a � REASON FOR APPEAL � �: Y: ._;, Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it would preclude the construction of the deck since minimum setback requirements behind a bulkhead could not be met. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because the configuration of the prop— erty and its topographical characteristics, together with the size, configuration, and locationrof •existing structures on the property, and the design and floor plan of the house suggest the proposed deck design and- construction as the most practical method of insuring the best use of the property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the addition of the deck is in keeping with the customary uses of property in the Town and in the immediate area, both from the standpoint of actual use and from the .standpoint of design, construction, and aesthetic appeal. Neighbors on both sides have similar decks, and the proposed deck projects essentially the same distance seaward. STATE OF NEW YORK ) e, i 1 ss ............ ................... :.............. ..... ................. COUNTY OF ) ignatu'e Sworn to this ...............�g...l........................ day of................�.1�-1.............................. 19 JANE R. MINERVA NOTARY PUBLIC,State of New York N y No 4853108,Suffolk County ��cc��••,, Notary Public CommisstoD -xpires February 18,1227— - ` - - TOWN OF SOtJTHOLD k0PERTY RECORD CARD OWNER - STREET VILLAGE DISTRICT SUB. LOT " ' 'FORMER OWNER ✓ ' N E ACREAGEP, W TYPE OF BUILDING v RES. SEAS. VL. FARM COMM. I IND. I CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS f/ '4 Zz/ij la lyne4i -To- LT,, z af,. W; �6o 7��/�6 D [� 00 d0 do 7 L 0a Z oa 42oo 14 1113 b AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER / Farm Acre Value Per Acre Value FRONTAGE ON ROAD f Tillable 1 BULKHEAD Ct/L• -cr. Tillable 2 DOCK Tillable, 3 Woodland Swampland Brushland " House Plot­ Total i ■■N■EN■■■E■ E■■■ ', � � ' . 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Walls - • Extension Fire Place 0Rooms I st Floor 2nd Floor • - y y • • Of N E ti ',, G�, V KT o`` w ,g J� IIJ j1; � `��— ----�—tea p -� c�C.•�r /4-o•Ob , 900 !, 0. e3 ,Q s sty. ::' ' ( ��� - � �,�r eft^.., ,.:•fTnd 2t,.,, ,FlG � - , i -. —— ri this s!;r•�.pss a vio!ation of i a?ion 7::t`3 of the",la-i'ork Sv)jc ducrtion Caw. rfpie s of tills Gr,ve,<<man not t`,aring . - the far*d sorveyor'a inked:aa!O, emrossad ssai shalt not iza consklwad to be a valid true crpV, —5'-- -- Guarantees inckCated hereon shall run A l� !�� )"� `���EF�7.Y' only to the Person for b rm rlae curse) ✓ J"� VI is preuarsd,and an his be;,alf,o the ' tWe company,governments!agency;and !endin;,invtitution lister horeen;afd to tre^ssigneas of the lending Insti- / ��7 ( tution.Guz ranieas are not trnn;ieranls olv )r .Y ��. 7 F/r ( �� f �rZacdi2ionx;institutions or suus5aueni lll...JJJ F_i c/ L.;_ V GG..---dam 4� �E.+•� o�veers. Lei L..+��,/ 1 ♦����.,. r�' � � �/ !� � �.=J � `' JUL 2 21991 ,H•,tillCD T�..,a c7C/�•.�-d�1 Zd.��,�id11e'4�.���IIJ�i .�.0�'r�cdr����"a r'���r f`� rl^o� �¢ . t���,r;;•�r�� 1/�1,� „7���'�--�F� G, �s+ UPS d5S/C,/r •S I/e v�' irx COUr�I�' G'l i-fr''s a f E! _ L l�er7sr_ 1 Z alp v� V,—YeVO 5 V Page 3 - Southold Tc Board of Appeals Special Meeting of September 12, 1991 applied for; 2. That the construction granted under this variance is limited to an open deck with st6ps at a setback of, 50 feet from the rear property line, 60 feet to the closest bulkhead, 6316" to the northerly bulkhead shown on the sketch submitted under this application. (It is also understood that all roof runoff shall be retained in drain(s) on site without runoff into the. creek ' areas. ) Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Doyen and Grigonis were absent. ) This resolu- tion was duly adoptecr. GERARD P. .GOEHRINGER, CHAI V-11 I BOUNTY OF. SUFF.OLK v _ tl PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ""— ------- — DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING September 25, 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) $Urkimier, John & Gayle 4043 ►/Lowery, Gloria 4045 McKeon, Thomas 4046 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)360-51 92 v • ± n5 - r�i . f 4A4 Y� APPEALS BOARD MEMBERS k' �;' SCOTT L.HARRIS Y ny Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. � / f j'E �;�'� 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 •t•o 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 : XX Variance from the Zoning Code , ArticleXXIII Section100-239. 4 (B) Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit Appeal No . : 4045 Applicant - Gloria Lowery Location of Affected Land: 650 Oak Avenue , Southold , NY County Tax Map Item No . : 1000- 77-1 -2 Within 500 feet of: - Town or Village Boundary Line XX 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 `i Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Ri.ght-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 open-deck addition to dwelling structure with . a setback at less than 75 ee rom bul kh•ead Copies of Town file• and .related documents enclosed for your . review. i Dated : September 19, 1991 ,� APPEALS BOARD MEMBERS SCOTT L.HARRIS % _ Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. k Town Hall,53095 Main Road Serge Doyen,Jr. N. Z;_- P.O.Box 1179 James Dinizio,Jr. ' Robert A.Villa U>, Southold,New York 11971 �� '�J? `'=�`�,.. " �'� ' Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN O�'SOUTHOLD September 18, 1991 Mr. James E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, NY 11935 A Re: Appl. No. 4045 - Variance for Gloria Lowery / Dear Mr. Fitzgerald: O Attached please find a copy of the determination recently w rendered by the Board of Appeals concerning the above ICJ 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. oRxINAQY Qor{UPe'iIE. IQ111�ra �� b j I W I I i I r>�IIAEI2 A)MA>-- I I I i �UL1Cf EWSRN&"DWIC i / � IMs RI FNr WjaeMY W14E. q0.0' O W Z 1000-77-1-2 Gloria Lowery W 650 Oak avenue Southold, NY 11971 1000-77-1-3 James N. Rophen 2 Roberts Lane Yonkers, NY 10701 1000-77-1-1 Robert F. Coady/ 10 Cornell Lane Hicksville, NY 11800 11 y �S'-fl" aas,-rat �?A►� rbus� 0--P-'RIOTO V(Ew Ma-ES SC14GE: 1"-,ZO' P ROJ EC T P LAN Application No. regarding the property of G LO R 31 A LOWE RY Suffolk County Tax Map No. 1000-77-1-2 Represented by Proper—T SBrv.ar cea P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Sheet of June 10, 1991 7q —_ l� y', s Q= 1 Q C4 '�' •:r�'.ylr:.:3 460'. y i '•�n i S i U V w t, k o• �r . •i. . . gp11 `� Q CONBTRUCTSON DETASLS , Regarding the property of GLORSA LOWERY Suffolk County Tax Map No. 1000-77-1-2 Represented by Proper—T .Servj cea P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Sheet of June 10, 1991 j Page 5 - August 15, 1991 Public Hearing - William, Aileen and John Parrott Southold Z.B.A. CHAIRMAN GOEHRINGER: The flagstone deck is .elevated about eighteen inches, how is it elevated, ' in by railroad ties or? MR PARROTT: No, it' s concrete, it' s a concrete thing with flagstone set on top of it. CHAIRMAN GOEHRINGER: Okay, and how close would you say that is to the property line? MR PARROTT: I think that' s the seven and a half feet, I believe that I asked Van Tuyl, he gave me these numbers over the phone, that were updated yesterday. I believe that' s seven and a half feet. CHAIRMAN GOEHRINGER: Alright. So basically the only problem that we have is approximately six inches on that particular side. MR PARROTT: I believe the previous owner, we bought the house about 12 years ago, I believe he bought an extra piece of land from the northerly neighbor to try and give a little more space there. CHAIRMAN GOEHRINGER: Okay. I thank you very much. MR PARROTT: Thank you. CHAIRMAN GOEHRINGER: - Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board Members? Hearing no further questions, I make a. motion closing the hearing reserving decision until later. All in Favor - AYE. Appl. No. : 4045 Applicant(s) : Gloria Lowery Location of Property: 650 Oak Ave, Southold, NY County Tax Map No. : 1000-77-1-2 The Chairman opened the hearing at 7: 45 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey not indicating the but indicating the approximate placement of the house which is approximately 42 feet from Oak Avenue and will discuss the size of the deck with applicant in a moment. And I have a copy of the Suffolk County Tax Map indicating this 'and surround properties in the area. Is there somebody that would like to be heard? Hello, Mr. Fitzgerald, how are Page 6 - August 15, 1991 Public Hearing - Gloria Lowery Southold Z.B.A. CHAIRMAN, cont'd: you? MR FITZGERALD: Jim Fitzgerald, for Mrs. Lowery. To answer your questions. CHAIRMAN GOEHRINGER: The deck comes out about 12 feet from the house or 15? MR FITZGERALD: 12. CHAIRMAN GOEHRINGER: 12, okay. How close are we to the actual high water make at that point, or to the end of the property? MR FITZGERALD: The high water is at the base of the bulkhead and that' s, that would be 63 . 6 from the steps of the deck, to the seaward face of. the bulkhead. CHAIRMAN GOEHRINGER: Okay, the steps of the deck protruded out from the bulkhead or are they. MR FITZGERALD: The steps of the deck will be on the seaward side of the deck. CHAIRMAN GOEHRINGER: How far would they stick out from the deck, do you know? MR FITZGERALD: 3 feet. CHAIRMAN GOEHRINGER: Okay. And you said the figure was how much sir 62? MR FITZGERALD: To the bulkhead? CHAIRMAN GOEHRINGER: Yes. MR FITZGERALD: 63 feet 6 inches. CHAIRMAN GOEHRINGER: We noticed in the pictures that the deck is that. Has there been anymore work on it? MR FITZGERALD: No. CHAIRMAN GOEHRINGER: Is there any intention to enclose the deck in any way? MR FITZGERALD: No. CHAIRMAN GOEHRINGER: Okay. Does anybody have any questions about this? No, I guess not. We thank you sir. Is there Page 7 = August 15, 1991 Public Hearing - Gloria Lowery Southold Z.B.A. CHAIRMAN, cont'd: anybody else who would like to speak in favor of .this application? Anybody like to speak against the application? Seeing no hands, I' ll make a motion closing the hearing reserving decision until later. All in Favor - AYE. Appl. No. : 4046 Applicant(s) : Mr & Mrs Thomas M McKeon Location of Property: 415 Fisherman' s Beach, Cutchogue, NY County Tax Map No. : 1000-111-1-36 The Chairman opened the hearing at 7:48 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a sketch of the survey produced by Edward John Schmitz Jr'. who is a registered architect indicating these specific changes to this particular piece of property that I requested by this applicant and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Olsen, would like you to be heard? MR OLSEN: Good evening, my name is Gary Olsen, I'm an attorney having my offices at the Main Road in Cutchogue and I 'm representing the applicants Thomas McKeon and his wife Maryanne McKeon. The applicants are the owners of the parcel of property located at Fisherman' s Beach in Cutchogue which is designated as lot number 7 on a map entitled Map of Peconic Bay Properties, Fisherman' s Beach lots. Which map was filed in the Office of the Clerk of the County of Suffolk on April 15, 1931 as map number 786. The applicants have been the owners of this lot since May 9, 1977, having purchased same from William and Elizabeth Halsey. Presently existing on the property is a one story framed house with a sun deck. The subject premises with the existing improvement is shown on a survey prepared by Young and Young dated June 7, 1977 which survey was prepared for the applicants and I'd like to submit a copy of that survey for your records as exhibit 1. CHAIRMAN GOEHRINGER: Fine. Thank you sir. MR OLSEN: The lots in Fisherman' s Beach area are non- conforming lots by todays standards. And I 'm submitting also herewith an exhibit number 2 which is Suffolk County Tax Map which shows the subject premises and the surrounding area and I 've highlighted our particular parcel with red ink. On June 1, 1977 the Southold Town Building Department issued a pre- ekisting certificate of occupancy for a one family dwelling APPEALS BOARD MEMBERS o SCOTT L.HARRIS WSupervisor Gerard P.Goehringer,Chairman �p �� Charles Grigonis,Jr. '�O,( � Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 > d1 e t A. Villa BOARD OF APPEALS,.,..,!,:,,,,.;. "Fa_x(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 July 25 , 1991 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 40.45 Project/Applicants: Gloria Lowery County Tax Map No. 1000- 77-1-2 Location of Project: 650 Oak Street , Southold Relief Requested/Jurisdiction Before This. Board in this Project: Construct open deck within 75 ' bulkhead F 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. tr 3TAM Or ntW YOhK) )ss: COUNTY OF SUFFOLK) of Mattltuck, In said County, being duly—sworn,says that MA Is Principal Clerk of THE SUFFOLK TIMES, a Wookly "ReWspapef, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York,and that tho ROM-0 Of WWCh the armexdd Is a printe4 copy,tm been requl publ fs I oj J` said ew;paper once voch weak for ! 'weeks successlvaly, commencing on the F doe of G4 �' 19 Principal Clerk $worn to before rM this ' _ b� day of ` jqq CATfJERINE A.MAC INN 0X;sd is Suli4 courdy MtWM EON Mx/14,10 w 1 4 NOTICE OF HEARINGS the times specified below: more than three rooms on the second- NOTICE IS HEREBY GIVEN, 7:30 p_m- Appl. No. 4043 — floor of the existing dwelling struc- pursuans to Section 267 of the Town JOHN 11.AND GAYLE BIR(MIER. tune. Location 49950 Main Road, Law and the Code of the Town of Special Exception to the Zoning Ordi- Southold,NY;County Tax Map No. Southold,the follouing matters w•il1 trance, Article III, Section 100- 1000-70-07-10. be held for public hearings before the 108(16)for permission to establish 7:35 p.m. Appl. No. 4044 — SOUTHOLD TOWN BOARD OF `Bcd and Breakfast Use,"an owner. WILLIA'9.AILEEN AND JOHN APPEALS at the Southold Town occupied building,other than a hotel, PARROTT. Variance to the Zoning Hall, 53095 Main Road,Southold, where lodging and breakfast is pro- Ordinance, Article XXIII.Section NY 11971, on THUR5pAY- vided for not more than six casual, 100-239.48 and Article)DaV,Sec- AUGUST 15. t991_commencing at transient roomers,and tenting of Trot Seel egats,f►rsxlMe L4's aISMaar breezeway and garage which will be trict for permission to cuthoriie racy- trance of the lot area for the esub- lot Iran. in CXCe31 of the 20%tot coverage ding and salvage facility,excavation lishment or approval of a second 8:50 p.m, Appl. No. 039 — Con tinued from previous page timitation.The subject parcel is sub- and drainage yard(pursuant to Town dwelling unit in an existing dwelling CLIFf+SIDE ASSOCIATES.ApFes] tiou 100-2448.for approval of deck standard in size and is located in the Board Resolution adopted April 9, structure and for the establishment or for an InterpTnutiors under the Ekfini- constrtrction at Iwo dtart 75 feet from R-40 Zone District.Location of Prop- 1991.to be used is conjunction with approval of a third dwelling unit in bore Section of the Zoning Cole,Arti- the bulkhead and in excess of the any: 415 Fisherman's Beach Road, those uses conditionally Fermitted the rear accessory building,both in cle I.Section 1"13 as nodcd tothc. 20>po lot coverage limitation for all Cutchogwe; also referred to as Let 7 under Special Exception No. 3491 conjunctian with multiple bu3inetl adjoining property canners,-r-mins mnxsums-The subject parcel is sub- on the Map of Pecottic Bay Proper- (ZBA resolution adopted June 25, uses and existing single-farnily,resi- to dwelling and}or crated uses,ara•I ale- standard in size aryl is located in the ties,Inc.(1931);County Tax Map 1986)for outside swcgTirfing&Triste- dentia�l trait of this substarA ud parcel. installation'o*f cooking facilities. R40'Zone District-Location of prop- No.IG00-1 ti-1-26. rial and related offices.Location of Location of premises: 13500 main Location of Property:61475 Catmty arty:2435 Cedar Lane.East Mmicn; 7:53 P.M. Appl. Wo. 4049 — Pigxrty:La No.2 an the Mirror Sub- Road.Mattrtteck.NY; County Tax Road 48,('rrewg3ort.NY;Cou-tty Tax County Tan Map No. 1000-37-4-9. BURT LEWIS,TR. Variance to the division Map No.450 of l-B.Glover, Map ID No. 1000-114.114-11-3.71= Map Parcel II? IWO-045-014-01 end 7:40 p.m. Appl. No. 4i3"f5 — Za g Ordia�,Article III,Section 11910 Oregon Road,Cutchogue,NY; subiect parcel is nonconforming in 002(11).containing applox=tah-dy GLORIA LOWERY.V,arinsrtce to the 100-32 and Article XXIV Section Coasnty Tax Map No. 1000-83-3-part this Hamlet Business(HB)Zone Dis- 7.5 acres.Zone District:Rcscrt R.-si- Zoaiag Ordinance, Article XXIU, ICO.243 for approval of office addi- of 4.4.containing 4.59 acres. trict containing approximately one. dcutial(RR). Secvon 100 239.4(8)for permission trot fesulung in an expMasion of the 8:20 p.m. Appl. No. 4042 — half acne of locallat area The Board of Appe&b writ:,ar iaidt', to Fzn struct open-deck addition to existing nonconforming use and LA1brRENCE CERVONti. Variance to 8:40 p.m. Appl.No.3959—MR. time and place hear any and a per-• dwg structure with a setback at increasing the degree of nonconfor- else Z xting Orx inarnce,Article XXIII, AND 3uIRS_JOSEPH HARDY.Spe- Zorn or repmsenutives desiritR arc be let 75 feet from the bulkhead. manse of the building v aback in The Section 100-239.4I3 for perrission to cial Exception to the Zoning dlydi- htani in the above matters.'t?VdiUta The subject parcel is substandard in front yard area.'Me aubjea parcel is oorastruct edditicra to dwelling with a nance. Article IX, Section loo- comntrstss may also be sutmitted size and is located in tfae Il 40 Z._e substandard in itze and is located an acmbsck at less than 7S feet Irorn a4ta 9l$(2�(4}to permit either an acres- prior to ilia crarolusiota of else aulryaact Distrau. Location of Propefty:650 the Agricultursl-Coru,ervation(..X-C) bulkhead. Location of property: sort'apartment or second dwelling bearing. Each hearing win rend stara C Oak Avenue,Soothoid,NY; County Zone District Location of Property: pecneaic Bay Boulevard, Laurel; unit over stores,or alternatively to before the tunes designated,above_ Tax Map No. I000-77-1-2. Also 6MMain Road,Laurel,NY;County County Tax Map Parcel No. 1000- permit nauhipde dwallinj use within Fos more information,pletse call refcnrbd tq as Lux Nos.285,234.2S3, Tart Map No. l(K)0-126-01-4.1;also 126-11-21.The subject parcel is snub- the existing mixed busi- 765-1809. _a 232, and part of 281 oa the Map of referread to as La)nos. 1 & 2 on the standard in rime and is located is itie saessJresidcntial gtructum-Locatica of Dated:July 25,1991. -r Goose Bay Estates(1934). ?4ap of George I.Tufhifl(1929� R 40 Zoot Disuict. pr-eatimv 13500 Main Road,Matti- SY{) DR OF 71iE 0 7:45 post. Appl.No.4046—MX 8:15 p.m. Appl. Plc. 4041 — 8:30 pin.Appl.No.3959—Nt tuck,NY County Tax Map ID No. SCUTROLD TOWN 00it D OF' r AND MRS.THOMAS hf.McKEON. DONALD AND JEA?CNL GRIM. AND MS.JOSEPH HARDY Vari- I000-114-1!S.The subject pucel is APPEALS G>`RAU R Variance to the Zoning Ordinance. Amendment to special Exception chance to die.200ing OrdiftAnce.Article n®nowfforrning in this Hanalei 8"- GOEIRUNGER CNAF.AWC Article XXdY,Section 100-2448 for approval under AM. No.3491.io IX.Section 100-W,f Wp,earnissioa to =u(11B)Zone District owt6aing $ylaubyarwaui pea:tisairaa to construct tadditim with � Llght Industrial(LI)Zone Dis- increase the degree oaf aonconfor- app arely®no-balf SCM G(total 7132-ITAS NOTICE OF HEARINGS I is located i^*hA R 40 Zone Dis{ - NOTICE IS HEREBY trict.Local if Property:415pursuant to Section I. Fisherman.. --ach Road, Cut- COUNTY OF S U F F O L I. f " GIVEN, p ss: ' 267 of the Town Law and the chogue; also referred to as Lot STATE O 1= NEW Y O IZ K Code of the Town of Southold, 7 on the Map of Peconic Bay, the following matters will be I Properties, Inc. (1931); County' held for public hearings before Tax Map No. 1000-111-1-26. -- the SOUTHOLD TOWN 7:53 p.m. Appl. No. 4048— Patricia Wood,- being duly sworn, says that she is the BOARD OF APPEALS at the BURT LEWIS'JR.Variance to. Southold Town Hall, 53095 the Zoning Ordinance, Article! Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Main Road, Southold, NY III, Section 100-32 and Article a public newspaper printed at Southold, in Suffolk County; 11971, on THURSDAY, AUG- XXIV, Section 100-243 for ap- UST 15, 1991, commencing at proval of office addition result- suer that the notice of which the annexed is a printed copy, the times specified below: I ing in an expansion of the exist- IMS I)Cen •I)UbIi.ShCd in said Long Island Traveler-Watchman 7:30 p.m. Appl. No. 4043— i ing nonconforming use and in- , once each week for . . . . . . . . . . . . . . . . . . . . . . . JOHN H.AND GA YLE BIRK- creasing the degree of noncon-i weeks MIER.Special Exception to the I formance of the building set- Zoning Ordinance, Article III, back in the front yard area.The Successively,, c o m to e n r i n g oil tile . Section 100-30B(16)for permis- subject parcel is substandard in sion to establish "Bed and size and is located in the Agri- Breakfast Use;' an owner-oc- cultural-Conservation (A-C) (1,,1yiz,� 19 cupied building, other than a Zone District.Location of Pro- hotel,where lodging and break- perty:6920 Main Road,Laurel, fast is provided for not more NY, County Tax Map No . . . . . . . . . . . . . . . . . . . . . . . . . . . . than six casual, transient 1000-126-014.1;also referred'o . . . . . . . . . . . . . . . . roomers, and renting of not9 as Lot Nos. 1 &2 on the Map more than three rooms on the of George 1. Tuthill (1929). second-floor of the existing 8:15 p.m. Appl. No. 4041— dwelling structure. Location: DONALD AND JEANNE S w r)-n to I)c ro re nl e this . •. . . . . . . . . . . . . . . . . . . . d a y o f 48850 Main Road, Southold, GRIM. Amendment to Special 000- roval under Appl. Exception app 70-County Tax Map No. 0144 LI 3Zone District for de s nal I . . . . . . . . . . .C 19 . 70-07-10. � 7:35 p.m. Appl- No. 4 ( ) p WILLIAM, AILEEN AND sion to authorize recycling and JOHN.PARROTT. Variance to salvage facility, excavation and the Zoning Ordinance, Article drainage yard(pursuant to Town XXIII,Section 100-239.4B and Board Resolution adopted April Article XXIV,Section 100-244B, 9, 1991, to be used in conjunc- i, .=✓ G.y.. .c. ... .i, , . , for approval of deck construe-I tion with those uses conditional- Notary Public tion at less than 75 feet from the ly permitted under Special Ex- bulkhead and in excess of the ception No. 3491 (ZBA resolu BARBARA A. SCHNEIDER 20%lot coverage limitation for: tion adopted June 25, 1986)for, a third dwelling unit in the rear NOTARY PUBLIC. St^te of New York all structures. The subject par-1 outside stockpiling of material accessory building,both in con- No. 480G846 cel is substandard in size and is and related offices.Location of junction with multiple business Qualified in Suffolk Coynty located in the It 40 Zone Dis= Property:. Lot No. 2 on the uses and existing single-family Commission Expires�//3/ 2 trict.Location of Property:2435 Minor Subdivision Map No.450 residential unit of this n 100-13 as noticed t the substan- the Zoning Ordinance,Article 1, -- of L.B. Glover; 11910 Oregon dard parcel. Location of pre- Road, Cutchogue, NY;.Count mises: 13500 Main Road, Mat- Section Cedar Lane, East Marion; Tax Map No. 1000-83-3-part o tituck,NY;County Tax Map ID adjoining property owners, as County Tax Map No. 1000-37- 'v5 pertains to dwelling and/or 49 4.4, containing 4.59 acres.l No. 1000-114-11-5. The subject motel uses,and the installation 8:20 p.m. Appl. No. 4042— parcel is nonconforming in this of cooking faciliites.Location of 7:40 p.m. Appl. No. 4045=,6 LAWRENCE CERVON. Vari- Hamlet Business (HB) Zone GLORIA LOWERY.Variance toy ance to the Zoning Ordinance, District containing approximatel Property: 61475 County Road the Zoning Ordinance, Article Article XXIII, Section one-half acre of total lot area. 48,Greenport,NY;County Tax XXIII,Section 100-239.4(B)for 100-239AB for permission to 8:40 p.m. Appl. No. 3959— Map Parcel ID 1000-045-01-001 I permission-to 002 (2.1)' containing a o construct open- construct addition to dwelling MR. AND MRS. JOSEPH I p- deck addition to dwelling struc- ` with a setback at less than 75 HARDY. Special Exception to proximately 7.5 acres.Zone Dis- ture with a setback at less than feet from the bulkhead. Loca the Zoning Ordinance, Article trict: Resort Residential (RR). 75 feet from the bulkhead.The I tion of Property: 8460 Peconic IX, Section 100-91B(2) (4) to said hi Board l Appeals will d ; subject parcel is substandard in Bay Boulevard, Laurel, NY; . permit-either an accessory said time and place hear any and size and is located in the R-40 County Tax Map Parcel No. apartment or second dwelling all persons or representatives de- Zone District.Location of Pro- I 1000-12611-21.The subject par- unit over stores,or alternatively siring to be heard in the above i perty: 650 Oak Avenue, cel is substandard in size and is to permit multiple dwelling use matters.Written comments may Southold,NY;County Tax Map located in the R-40 Zone within the existing mixed busi also be submitted prior to the No. 1000-77-1-2.Also referred to I District. ness/residential structure. Loci) conclusion of the subject hear- ing..Each hearing will not start as Lot Nos. 285,284,283,282, 8:30 p.m. Appl. No. 3959— I tion of premises: 13500 Main before the times designated and part of 281 on the Map of MR. AND MRS. JOSEPH Road, Mattituck,,NY; County formation,above. For more in Goose Bay Estates (1934). HARDY. Variance to the Zon- Tax Map ID No. 1000-114-11-5. lease call 765-18 in 7:45 p.m. Appl. No. 4045— ing Ordinance,Article IX,Sec- The subject parcel is noncon- p MR.AND MRS.THOMAS M. tion 100-92, for permission to forming in this Hamlet Business Dated: July 25, 1991. I McKEON.Variance to the Zon- increase the degree of noncon- (HB) Zone District containing BY ORDER OF ing Ordinance, Article XXIV, i approximately one-half acre of THE SOUTHOLD TOWN ' Section 100-244B for permission formance of the lot area for the total lot area. BOARD OF APPEALS to construct addition with establishment or approval of a 8:50 p.m. Appl. No. 4039— GERARD P. GOEHRINGER breezeway and garage which will second dwelling unit in an exist- . CLIFFSIDE ASSOCIATES. CHAIRMAN be in excess of the 20% lot ing dwelling structure and fOO Appeal for an Interpretation By Linda Kowalski coverage limitation.The subject 9 the establishment or approval of under the Definition Section of 1X, 8/8/91 (5) Darcel is substandard in size an :fi' 1'•n �..jl J �� APPEALS BOARD MEMBERS ; . l's'y"�;j SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman y' ,� �' _ ' 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 '` " < � j Fax(516)765-1823 Telephone(516)765-1809 '- Telephone(516)765-1800 BOARD OF APPEALS TOWN OAF SOUTHOLD 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. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. 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 By Linda Kowalski Enclosure �- e Copies of legal notice for August 15, 1991 hearings were mailed to the following 8/6/91: Mr. and Mrs. John H. Birkmier 4885& Main Road Southold, NY 11971 Mr. John L. Parrott Creative Retirement Planning, Inc. 30 Rockefeller Plaza, Suite 4336 New York, NY 10112 Mr. Burt G. Lewis, Jr. P.O. Box 983 Cutchogue, NY 11952 Gary Flanner Olsen, Esq. (Re: McKeon) P.O. Box 706 Cutchogue, NY 11935 Mr. and Mrs. Thomas McKeon 17 Massachusetts Blvd. Bellerose Village, NY - 11701 Mr. and Mrs. Donald Grim P.O. Box 300 Cutchogue, NY 11935 Mr. Thomas C. Samuels (Re: Cervon) Samuels & Steelman 25235 Main Road Cutchogue, NY " 119'35 P. Edward Reale, Esq. (Re: Hardy) Twomey, Latham, .Shea & Kelly P.O. Box 398 Riverhead, NY 11901 Richard T. Haefeli, Esq. (Re: Cliffside) and Mr. Kenneth Tedaldi 184 Main Street 130 Jessup Ave . P.O. Box 1112 Quogue , NY 11959 Westhampton Beach, NY 11978 Mr. Robert Coady - Mr . James E. Fitzgerald , Jr. 250 Oak Avenue Proper-T Services ,Southold, NY 11971 P. O . Box 617 , Cutchogue , NY 11935 (included copy of map of deck & 4_f neighbor notice Re: Lowery) o��FFOLK��G JUDITH T. TERRY yL Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS v T Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 �0 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: July 22, 1991 RE: Zoning Appeal Appl. No. 4045 - GLORIA LOWERY Transmitted herewith is Zoning Appeal Appl. No. 4045 - GLORIA LOWERY together with the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, a copy of a letter from James E. Fitzgerald, Jr. who is representing Gloria Lowery, a Survey Map of the property, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of a letter from Gloria Lowery authorizing James E. Fitzgerald, Jr. to act in her behalf, a copy of a vicinity map, a copy of a project plan, construction details, 2 project site photos, and a copy of the tax map. Judith T. Terry Town Clerk r BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of , NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Robert F. Coady James W. Kophen 10 Cornell Lane . 2 Roberts bane Hicksville, NY 11800 Yonkers, NY 10701 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) ekx :( gagklkxmktxpouuu=x--qxxL-ff5=x5txmxDW 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 650 Oak Avenue, Southold 3. That the pRopry which is the subject of such Petition is located in the following zoning district: 4 That by such Petition, the undersigned will request the following relief: Permission to construct an open wood deck adjacent to the house , as shown in the attached drawing; relief requested is to construct with less than 75' setback behind bulkhead. 5. That the provisions of the Southold Town Zonin Code a licable to the relief sought b the under- signed g y n signed are Article XXIII section 100-23 .4(B [ ] 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) 7�5-1809. 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 sup notices; 'that y o y ur epresentative have the right to appear and be heard at such hearing. Dated: July 18, 1991 es E. itzger d, J Pr er—T Services-- etitioner Or Owners ' Names :G_ oria Lowery pos Office Ad�f s P.b. Box Cutchogue, NY 11935 Tel . No . ( 516 ) 734-5800 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS r F a� r i P 861 033 163 P 861 033 162 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAILNO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NO NOS FOR INTERNATIONAL MAICOVERAGE LED (See Reverse) I (See Reverse) sent gpphen Fames W. Set8bert F. Coady StreEgnAWberts bane str@zJyn rnell Lane P.O.��lr6j4§CoclEN 10701 PlIfIdw V 1Iff'9 f NY 11800 Postage a� Postage Certified Fee Certified Fee d a Special Delivery Fee I Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt showing I to whom and Date Delivered Return Receipt showing' i N to whom and Date Delivered 0 Return Receipt showing to whom, Ln °1r Date,and Add o_: ery a0 II Return Receipt showing to whom. 5 Date,and Address e ry , e TOTAL P n 5 TOTAL Postag es s o� I I m Poslm k or Date) Postmark or at00 1Q e E j��b t� .� M Q d � E LL O tl N d STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) James E. Fitzgerald, Jr. residing at 385 Havwaters Drive CutcTlogue, BY 11955 being duly sworn, deposes and says that on the 1 R+hday Of July , 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 of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at CutChogue ; that said Not' es ere mail o h of said perso s by (certified) (x6gK) mail. -- / l Sworn to before me this day of J LY 19 Notary Public JANE P. MINERVA NOTARY PUBLIC,State of New York No.4853108,Suffolk County Commission Expires February 18,19�Z ( This side does not have to be completed on form transmitted to adjoining property owners . ) Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516)734-5800 July 18 , 1991 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for Variance for Gloria Lowery Dear Sir: Attached are the documents prepared in support of the appli- cation for a variance and appeal from the decision of the Building Inspector for the construction of a deck less than 75 feet behind a bulkhead on the property of Gloria Lowery, located at 650 Oak Avenue, Southold. Proper-T Services represents Mrs. Lowery in this matter, and a letter of authorization is attached. yPlease note that a Certificate of Occupancy has never been issued for the residence. If necessary, we will pursue this with the Building Department at your request. An application for a permit has been submitted to the NYSDEC, and a waiver has been requested from the Town Trustees. If you need more information or have any questions, please call me. our tru J mes E. Fitz al W Attachments: Application Fee (check, $;50) Letter of Authorization Application (3 copies) Notice to Adjacent Property Owners Short EAF Vicinity Map Tax Map ZBA Questionnaire Notice of Disapproval (Bldg Dept) Project Plan Construction Details Survey of Property Project Site Photos a subsidiary of THE PECONIC EASTERN CORPORATION 14.16.4(2187)—Text 12 ` PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Quality Rdvlew 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 James E. Fitz erald Jr. )wi--ry deck 3. PROJECT LOCATION: Municipality Southold Cou..nty Suffolk I. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) 650 Oak Avenue. See attached maps. 5. IS PROPOSED ACTION: EgNew ❑Expansion ❑Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: Construct wood deck 201 x 121 adjacent to existing frame residence. 7. AMOUNT OF LAND AFFECTED: Initially 240 s of• acres Ultimately 240 s.f. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ®No If No,describe briefly Variance will be required from Southold ZBA; setback from bulkhead is less than that required by regulations. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Pi Residential ElIndustrial ❑Commercial ❑Agriculture ElPark/Forest/Open space ❑Other Describe: Medium-sized private residences. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? IS Yes ❑No If yes, list agency(s)and permit/approvals .,No approvals to date. Permit: NYSDEC Waiver: Southold Trustees Variance: Southold ZBA . 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes,list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO'THE BEST OF MY KNOWLEDGE Applican ame: Date: 7/ 15,191 Jame erald J for Gloria Lowery Signature: 4I If the action is in a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be rt:ade Ly this ijoard 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. jb) 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 X NO 2. Will there be a major change to any unique or X unusual land forma on the site? Yes No 3. Will project alter or have a large effect on , an existing body of water? Yes X No 4. Will project have a potentially large- impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes _No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes _X-No S. 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 Wo 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 X No 10. Will project have a major effect on existing or future recreational opportunities? Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No 13. Will project have any impact on public health or safety? Yes X 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 Yes 2 No period or have a major negative effect on the character of the coa.:nunity or neighborhood? 15. Is there ubl 5 con e s rn' g e _ project? �� Yes X No Preparer's Signature: Representing: 1 July 18, 1991 .!a 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. ) Gloria Lowery - owner B. Is the subject premises listed on the real estate market for sale or being shown to prospective.-buyers? { ) Yes {X ) .No. Uf Yes, please attach cpy° of "conditions" of sale-) C. Are tberte any #n.zb ange _-mr .gaiter Land contours? { } Yes I X} No D. 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this application? Yes 3. Is the property bulkheaded between the wetlands area and the upland building area? Partially 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Yes E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A. ") F. Are there any patios, concrete .-barriers, bulkheads or...fence which aximt .and are not shown on th'a survey map that you a-re submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. Construction was begun without permit. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel residence and ed use ivate residence J m s E. tz e J 18 1 t' orized Signor re and Dfite /87, 10/901k t § 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 IAmended 8-26-76 by L . No.2-1976;3 26- 85 by L.L.No.6-1985]: !v ```' `J. 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; (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;and/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 2-25-s5 650 Oak Avenue Southold, New York 11971 May 24, 1991 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Services to act in my behalf as my agent in the submission and processing of a permit applica- tion for the construction of a deck on my property located at 650 Oak Avenue, Southold, and designated by Suffolk County Tax Map No. 1000-77-1-2, and to furnish, . upon request, supplemen- tal information in support of the application. Yours truly, Gloria Lowery Founders j Y I_anding SHELTER 65 \46 ISLAND 35 Park Harpers` 23 \ rr Pt 3 6 \ Southold 17 �e \' 70 19 •( J 0 /f 1' pay a 39 D PilinQ\\ • , 4 39 \ S O U N D 30 30 I \ THE AREA OF THE PROPOSED `w, PROJECT IS CIRCLED \ 1b / •, / 'C`'.: : Southo�d Paradise 6\\ �� ". �� �` �j '` �— • Yacht Clu ✓;y' Point SQ, i j ho /5 1 0q� S o 00 •a D 0 S 26 �AY �Y WOAD .o U� 16 s j l5 ONGle . • 13 V114 I 15 14 ,s_' {; ;�4�ire k �'� _ •o /�DD. .......... •• _ ,.,, --- ; eda Beach ••' /.9 � :.. is /. �� Q / •j :,, ,^ �,,, }� -Cedar Beach 27 ont wa . . 3 5 37 i3 6 - -9 27 13 N 41001 1 30 n 8 5 /5 29 4`Rs 5o W 72 25100" 9 i—'-- 17 /o a 22 / /z 2s /9 /4 /6 � T 14 9 � 32 613 7rl VIC=N=TY MAP U.S: Geological Survey SOUTHOLD. N.Y.: N4100 - N7222.5/7.5; 1956 Scale 1:24,000 Application No. Regarding the property of GL012=2%. LCWERT Suffolk County Tax Map No. 1000-77-1-2 Sheet of June 10, 1991 / aLl ai( '•• 14a.. � 1 51, SLL FU or. NU U)1 •- Ila91aY _-L1tlL 10 LUnfl wr.Fl1 4 S f�• I ,� •`z/ as �' 1,y, li�ii ••9 `� THE SITE OF THE PROPOSED L• '� ppµ •' w9 PROJECT IS CROSS-HATCHED � _� _� _ — NJ•l91 I Spt — 9 p I r1/ , ,,,Ia / rp I J.1 •� . IS 11wt1 •'��� •a •I.awtl CUUN17.t to TJ CI - ♦ SUFPOLY + � • la I- !!a••. �` 1~ ��qrE' as :Ia w.l e.z• I� R o r1.•: W �2S- N.. .., BAYVIEW' ... RO • .`r, a• �OR. �.I _) .. o>,�, 11 Iz i] as ... aa1J I` 3. IS• — .. a . :� •Jz as .y• a t)1/•/1 - .J2K7 ]> . ..Ia a zo x._: as _ •o wurtixo as L H. 3 •.Iz. �... O Ai •.:' olfr \Wl ]2-! •o _ ..N L aY =a> -•,..K.Lis:30.. LIBERTY LA.i . J .. W �:a � >d W• �I) ! J'4 e ' 3Q: 1212 _ ." I'N e2� a3 x 1> •`1Y O.>,.2 u C • i 12 lay k14L9/T qp.(�.rzc zz ®' +!•a •I2r t 12 z'I Ia ^N_ ...�~ a 3i• S•.z W "ry g 1!•)• ?•a• I:a^/If .zz`• _ '/ �a. b�Le/ V So.1^w.z' r <p,, �- :1 S•1 I] - ~ n 'M: _ �Yf,/ •3 •' •� •'• a0 N.(,r •S u to -21 ';.�:� ..,1 .5'„ Ili • .`l :�c -L.. �� .'z ,� •z.a~fc/ a22 E-�3 'LP -� I` a• y v -4 I� 4� �` �. _ • .�• N141[ f TAX MAP SUFFOLR COUNTY, N.Y. District 1000, Section 77 Application No. Regarding the property of GI- LOWERY Suffolk County'Tax Map No. 1000-77-1-2 Sheet of June 10, 1991 Xv ' ` jN;��iN■NNNNNNNN :a now, - �-^ 1• 1`..C'F 1.•?`. .. 1. NN ExtensionM. Bldg. Foundation :• _ Floors Extension Interior Finish- Extension Fire Place Roof Type Rooms Ist Floor • i • ® •• • Rooms 2nd Floor Garage •• TOWN OF SOUTHOLD PROPERTY RECORD CARD~ _ ` . OWNER STREET" VILLAGE DISTRICT SUB. LOT FOR1W R OWNER N E ACREAGE ---------------- S W TYPE OF BUILDING RES.. SEAS. - VL. FARM COMM. I IND. I CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS ��" �'" /S"�'3 ��a� /P.e�rf�'" ;a 6.�,�..1/ec� �'. dad _ ✓ y z� a3o3 3 o 0 4 J� AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER r Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable IBULKHEAD Tillable 2 DOCK Tillable. 3 Woodland -Swampland Brushland - House Plot .Total mom IMEMEMEMEMEM ■■■■■ IN MEMO■■■ Rig KI MOM■■■E■MEMEMMEM■ 0 ;. No MEN®E■O■O■E Aw MEM mom NONE ME IME ENE WOMEN MENEM - M■■E■M mom■■OM■� ■■■MEEOM!If. OMEN ME MEMOMM x , M. Bldg J. sue . .. . _ . :. :. • .. Extension Interior Finish Extension' Fire PIQce Porch Porch Rooms I st Floor -- - • �r �� �. • Rooms 2nd Floor -T �_ TOWN OF SOUTHOLD P�OPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. .' LOT FORMER OWNER '- N E ACREAGE r S W TYPE OF BUILDING RES.:.<; : SEAS. VL. FARM COMM. I IND. I CB. I MISC. I Est. Mkt. Value LAND . ;. IMP. TOTAL DATE REMARKS �: d /6L2 1 S.q/e o�89i/ o/ C' d a x Co F U v Poo � vv // z �/� `f-ooc') 5 ?00 4 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD 7 7f T Tillable I BULKHEAD 14 d -7 Tillab le 2 DOCK Tillable, . 3 - Woodland Swampland 17/0 Brush land r- House Plot r ;Total Creek '01 a "Al I It V, In Ike -P Lt- 7 .777 1 24 Legend KEY OAP COUNTY OF SUFFOLK L01—H uFSOUTHOLD LE LO.- Real Property To 077 x Service Agency Co—my Cenlet n a,_CY wo.1000 - Ri—hood,L.I.,New York [PROPERTY MAP �r _ � � r• �7 SEE i FOft- i MEER fir+ ( I �i i p 1 PHOTO A: Looking NE at project site. T i y i l PHOTO B: Looking SW at project site. I i PROJECT 8=T E PHOTO S Application No. regarding the property of G LOR I A LOW E RY Suffolk County Tax Map No. 1000-77-1-2 Represented by Prop e r—T Ser vj ces P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Sheet of June 10, 1991