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APPEALS BOARD MEMBERS r; - �rr� F�„ SCO'ITL:HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. �� ` ;� V" . � a, - N P.O.Box 1179 James Dinizio Jr. ,': ` r ' �= Southold,New York 11971 Robert A.Villa A �- `' � Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OAF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appeal No. 4046. Upon application of MR. AND MRS. THOMAS 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, NY; County Tax Map No. 1000-111-1-36. WHEREAS, a public hearing was held and concluded on August 15, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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. By this application, appellants are proposing an addition at the rear (northerly) portion of the existing single-family residence as follows: (a) 20 ft. x 25 ft. garage/storage area attached to dwelling with a 28 ft. long x 7 ft. wide enclosed breezeway and new enclosed porch extending 19 ft. to the proposed 15.5+- feet residential addition ( living space) , having a total new (ground) area for all extensions of 2276 sq. ft. ; (b) this new 2276 sq. ft. area, added to the existing 1398 ground area of the dwelling., totals 3674 sq. ft. , or 29.3 % of the total lot area (12,519 sq. ft. ) ; (c) the relief requested by this application is for 9. 3%, or 1164 sq., ft. over the 20% limitation; f Page 2 - Southold 'n Board of Appeals Special Meeting of --- ptember 12, 1991 (d) the closest setback is at 10 feet from the westerly property line, and the expansion of the easterly nonconforming side yard at notiless than 1.8 feet as well as the total nonconforming side yards at 11. 8 feet (at the closest points) will be permitted and is limited to only that construction area shown by the preliminary plan prepared by John Smits, Architect, P.C. dated 8-15-91 and copy of sketch dated 6/24/91. 2. For the record, it is noted: (a) that the subject premises has a frontage of 65 feet along Haywaters Road and 75 feet (filed map line) along Cutchogue Harbor; (b) that the construction proposed will not be closer than 35 feet from the front property line; (c) that the subject premises is known as Lot #(7 on the Map of Peconic Bay Properties, Inc. (1931) , and is more particularly identified as District 1000, Section 111, Block 1, Lot 35 on the Suffolk County Tax Maps; (d) that this project has received a conditional permit from the N.Y.S. Department of Transporation dated September 5, 1991 under Permit No. 1-4738-00343100001-0; (e) that this project has received a waiver from the Southold Town Trustees under the Wetlands Ordinance at their Regular Meeting held on July 11, 1991. 3 . It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) although the relief requested is substantial, the relief will not alter the essential character of the immediate neighborhood, in that many of the lots on the south side of Haywaters Road are larger than this lot, and the fact that lots in this .immediate area are improved with similar, structures also in excess of the 200 lot coverage limitation, although placed in reasonable locations satisfactorily distant from the road as well as the Harbor; (c) there is no other method feasible for appellants . to pursue other than a variance; Page 3 - Southold '. n Board of Appeals Special Meeting of 67Cptember 12, 1991 (d) this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighborling properties; (e) the interests of justice will be served by granting variance relief, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED to GRANT permission for that construction in excess of the 200 lot coverage limitation and with an increase in degree of nonconformance for the easterly side yard and total yards, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. All roof runoff shall be contained in storm drains (and gutters) , particularly in the front and rear areas of house and garage construction; 2. No further expansion .or additions (without a new application) , and the lot coverage for all structures shall be limited to the 29.3% of the total. lot area, as proposed. 3. The garage and breezeway construction shall not exceed .one-story height ( 12 feet from ground plus roof, not exceeding a total of 18 feet from ground level to peak of roof) ; 4. Compliance with Health Department requirements to locate a new sanitary system landward of the house. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, and Villa. This resolution was duly adopted. (Members Grigonis and Doyen were absent. ) lk ERARD P. GOEHRINGER, CHAI FORM NO.3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . �. . . . . . . . . . . . . . . .. 19 .9 . To . . . . . . .� o. . � 7oG. y� . . . . . . .��. . �. ., . . V , PLEASE TAKE NOTICE that your application dated . . • . . . . . . . . . . . . . 19 . 1 for permit to 4�1�• . ?� .:. . . vim. . . . . . . at Location of Property . . . . . . . . . . House No. Stree �. . . . . . . .C�1. .. County Tax Map No. 1000 Section . . . . . /. . /� . . . . Block . . . . . ,/. . . . . . . . Lot . . �. �o. . . . /e. . . . Subdivision . . . . . . . . . . . . . . . . . Filcd Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . .. . . . . . . is returned herewith and disapproved on the following grounds f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 .44 . . . . . . . . . . . . . . . . . :?e. . . ; �e-1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . Bui ding � n pector RV 1/80 TOWN OF SOUTHOLD,. NEW YORK g /_ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. (p�,�� a ; j Q y ('Al DATEieE!1.......J/9-rr TO THE Z 0 N I NG BOARD OF APPEALS, TOWN 0 F SOU TH0LD, N. Y. 1 (Vrt) �9NtHaN • RorOGCsl;6,t.�..l.............Of ....ti s./lA�••uJAfERS......QD....................... NarAe of Appellant Street and Number .. U.:Ci..oGcIGj..... ........ ........ ... .. .. .................. ........... .... ..HEREBY. APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROty THE DECISIONaF OF THE BUILDING INSPECTOR ON of��6 APPLICATION FOR PERMIT NO. vu �p ° DATED ....... A. ...�.�..,....9 ............. J . 7 WHEREBY THE BUILDING INSPECTOR DENIED TO S .................. No of Applicant for permit of /- .��... A ?R,ffRS... 2D.......Chu .................................�:...} ..................... r Street 6nd Number Municipality Sta ( ) PERMIT TO USE ( )) PERMIT FOR OCCUPANCY (v) PERNit fcR �4Z AmOltlo� 9A O�4 fQS 20 C'r/�#1 oG a6 1. LOCATION OF THE PROPERTY .................. .. .......................... ................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section i/ Block of Lot�$� p urrent Owner ntNcvf o6WS �G .................................................. ........ Ivtop No. Lot No. Prior Owner JoA ti boR is so'tu 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section andfaragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Secti on = 77 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( v)/" A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low-Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (Wa) (has not) been made with respect to this decision of the Building Inspector,or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 00j,1E2 I&J'" 4arCk, 60a1'fj0N4 S'PAe� ta Sef o�f'- aooa2S C�on�NCct�4 pq 0R06R - d A40V1106 nrA�.t6 �`h�c 4S8 ` WrtN -md ///f R'eAIO \ tH�' .c e-i saki of twd PREr/ae'.S / A(re 00eoAyC6 w/f�f I°P•�/cAt oA/ oa Nj&yP/A 4e0 A AS a H/y6R �o elze • sfR��t , A 0 a2o/��e� ru IA.4 PRo yell-t 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because PRofR7FY C10NF/G t/�2 R f I oN /S TRAAS21oaaG AR-0 -tII �i�Rrads/oN A/se v mud /9N4 �S i✓��44 '-,QA PE'2©1O • 7',q/$ CEO l tk,S o-tNeR PAIDAeA*16:5 14o/s o ,�Lo&ioti, PRAcrrye" �QcA -td PXAM A be-g M JAY /NFOkgeP .V-NA>�!- �>�E. E�01 aNC,c� R -;, Not /gulko .044d ANA 7NO6 6'�Ro` /4 V R RE�ulk6�feN� G�/,CL Nof' AD VeAs /�•FPQt .60joiN/NG pWN�i?.S GOYC�aR .Y/N es /gpDt-1 t off AtJ6om+ao /S A q ©ASH AQ A�aS w oo A'a� hAV6 nio /4D✓sR o �F 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE Requ eat ask r�a�al-t�oN : papa v�4e CHARACTER OF THE DISTRICT because ���/�G AQc'A C'ONS�Stbn�d Gu/� ,II*A So g,0 1.6 4E/S f/R6 - •S' No�3 T�j A N 79 f roN'Syk(1 C f/off aF '4 ?f A c-c�C �fAand o fi l��yosP�� µaD is u of Ajeed 014 is � � ¢ cvAW- �� STATE OF NEW YORK ) 1 ss .... . .... ................ COUNTY OF �� YOxK 1 Signature Sworn to this �,. ........................ day of...� y::. ` -� `-....................... 19y .........A,0 Notary Public - p N ei•: (�;;.t ili7 ;;�afrfi:d u; '��r:t TOWN OF SOUTHOLD PROPERTY R�CORD- CARD OWNER STREET VILLAGE DIST. SUB. LOT 6ti T, Na .('--11L f All FORMER OWNER N E ACR. / •� r S W TYPE OF BUILDING �- RES�!' SEAS. VL. I FARM COMM. CB. MICS. Mkt. Value LAND- IMP. TOTAL- DATE REMARKS -� (fJu /": C W l�/'r/_.a ' 1� l✓/ /c� '��� II�C"v rJ L /s2 3 Tillable FRONTAGE ON WATER i Woodland FRONTAGE ON ROAD Meadowlomd DEPTH House Plot BULKHEAD Total �A COLOR r./f, L° TRIM pai iMAW w� M. Bldg. Extension .S 2 3 ? / Extension Extension Foundation ;c�. ; Bath Dinette Porch 'x ,7 = 2 Basement , '� Floors K. Porch << % �, �J :l Ext. Walls ►,�!; > Il SN;, r Interior Finish �L•,; , LR. Breezeway '` ' �" Fire Place ` Heat DR. ,c 5 ; Garage Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Teal t �qA'y/uj AD oo , _I 1 l / e ".ADDITION r / r� N r �xls-rlNv �, h C C \ I' AUG 6 i991 75- co , N _ TIE LINE HIGH Q WATER. MARK N .�ERED ARC 0F1rvS�,, Fo CUTGHOGUE Pam° H A I,Bo R T �sQ JOHN WITS ARCHITECT P.C. SITS P.-AN NE 'I 399 CONKLIN ST. SUITE 30 fbLoo = I ,t FARMINGD.4A11=,N.Y. 11735 IDoo - 11 1 - I - 3(o 61Z 4/c)I 1 1A� r V�11 A COUNTY OR. SUFF..OLj .p 1 � i; 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) Birkimier, John & Gayle 4043 XO wary, 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)360-5192 APPEALS BOARD MEMBERS ' �} y -�� SCOTT L.RABBIS Supervisor Gerard P.Goehrin er Chairman Charles Grigonls,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. �r<z 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 : X Variance from the Zoning Code , ArticleXXIV , Section100-244B Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit Appeal No. : 4046 Applicant: Mr . & Mrs . Thomas M. McKeon Location of Affected Land : 415 Fisherman ' s Beach Road , Cutchogue County Tax Map Item No . : 1000- 111-1-126 Within 500 feet of: - Town or Village Boundary Line X Body of Water (Bay , Sound or Estuary) State or County Road , Parkway , - Highway , Thruway Boundary of Existing or Proposed -County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The 'County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to construct addition in _excess of 20% lot coverage limitation. Copies of Town file and related documents enclosed for your review. Dated: September 19, 1991 APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. �� ;n ° � '~ fit James Dinizio Jr. '`�� w�. "' P.O.Box 1179 Southold,New York 11971 :. ».� Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 ,,r Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD September 18, 1991 Gary Flanner Olsen, Esq. ' P.O. Box 706 Cutchogue, NY 11935 Re: Appl. No. 4046 - Mr. and Mrs. Thomas McKeon Your File No. .5292 Dear Gary: Attached please find a copy of the determination recently rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are . appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspectors for their files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department ' 1. 3 - Southold T Board of Appeals ;ecial Meeting of September 12, 1991 (d) this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (e) the interests of justice will be served by granting variance relief, as conditionally noted below. Accordingly; on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED to GRANT- permission for that construction in excess of the 20% lot coverage limitation and with an increase in degree of nonconformance for the easterly side yard and total yards, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. All roof runoff shall be contained in storm drains (and gutters) , particularly in the front and rear areas of house and garage construction; 2. No further expansion or additions (without a new application) , and the lot coverage for all structures shall be limited to the 29.3% of the total lot area, as proposed. 3. The garage and breezeway construction shall not exceed one-story height (12 feet from ground plus roof, not exceeding a total of 18 feet from ground level to peak of roof) ; 4. Compliance with Health Department requirements to locate a new sanitary system landward of the house. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, and Villa. This resolution was duly adopted; (Members Grigonis and Doyen were absent. ) lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR Town Clerk; Town .of. Southold • ®.ems ERARD P. GOEHRINGER, CHAI f TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, DECEMBER 10, 1987 Appl. No. 3676 Applicant (s) : ANTHONY ROBUSTELLI Location of Property: 5 Haywaters Road, Cutchogue. County Tax Map ID No. 10 0 0-111- 1 - 19 Board Members Present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None) Also present were: Victor Lessard (Building Dept. ) Linda Kowalski, Z.B.A. Secretary, and approximately ` persons in the audience. The Chairman opened the hearing- at 8 :22 o 'clock-p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there anybody here who•:/would like to speak in this particular appeal. Hearing no further comment, I'll make a motion recessing the hearing until the next regularly scheduled meeting. I believe that 's January 14th. All in favor - AYE. BY��1, 1 �1.\ . rk January 14 � 988 C HEARING - Al-pony Robustelli Id Town Board of Appeals IRMAN GOEHRINGER: I have to tell you I was down there in the Avere high tide and I noticed that the water does come up rela- Avely far. It almost overlaps over the top of the bulkhead. So there is, my opinion, definitely a kind of a need for this. To be honest with you. But that was just an observation that I had made. We' ll see what develops throughout the. hearing. I thank you. Is there anybody else who wquld like to speak in favor of the application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I 'll make a motion closing the hearing reserving decision until later. I thank you for coming in. All in favor - AYE. -BY,—Do i TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF:.APPEALS REGULAR MEETING OF 't THURSDAY, JANUARY 14,. 1989 Appl. No. : .3676 Applicant(s).: ANTHONY ROBUSTELLI Location of Property: 5 Hay ters Road, Cutchogue County Tax Map ID No. 1000- L 1 - 19 and 18 Board Members present: Chairman Goehringer P. Goehringer, Members: Grigonis . and. Sawicki . Absent; . Doyen and Douglass. Also Present: Victor Lessard (Building Dept. ) , Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. 1 The Chairman opened the hearing at 7 :45 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: - I have a copy of a sketch here indicating . the approximate size of the deck which I will ask the applicant again and a copy of a survey which is dated August 20, 1976 which reaffirms the size and configuration of the property from Roderick VanTuyl , P.C. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like tolbe heard on Robustelli? Are you here sir? Can I ask you a couple of questions? I didn ' t have any spedific sizes on the size ` of the deck here. Maybe you could just give me an idea. I have 15 . feet by approximately 41 foot 6 inches variable and .it actually wraps around the east side of of the house, the deck. And approximately how high off the existing bulkhead woult it Abe? MR. ROBUSTELLI: Approximately 2 feet, 22 feet. CHAIRMAN GOEHRINGER: Is it going to be as high coming out of the floor area of the houes or will there be steps going •down to it because the house is a little elevated? MR. ROBUSTELLI: There willlprobably b it . e one step going down to CHAIRMAN GOEHRINGER: And the deck will remain completelyl un- roofed at all times. MR. ROBUSTELLI: Yes it will . .i }. Soap hold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 1 TELEPHONE (516) 765-1509 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3676 Application Dated September 18 , 1987 TO: Mr. Anthony Robustelli [Appellant (s) ] 48 Revere Road Manhasset , NY 11030 At a Meeting of the Zoning Board of Appeals held on February 2 , 1988 , the above appeal was considered, and the .action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article Section [X] Request for Variances to the Zoning Ordinance Article III Section 100-31 and Article XI Section 100-119 . 2 [ ] Request for Application of ANTHONY ROBUSTELLI for Variances to the Zoning Ordinance , Articles : FaT III , Section 100-31 as to insufficient rear yard and side yard , and (b ) XI , Section 100-119 . 2 as to insuffi - cient setback from bulkhead and ordinary highwater mark , and ' (c ) III , Section 100-31 as to excessive lot coverage , for the proposed construction of a deck addition , at premises known as 5 Haywaters - Road , Cutchogue , NY ; Lot 23 .and part of 22 , Peconic Bay Properti.es ; County Tax Map District 1000 , Section 111 , .Block 1 ,. Lots 19 and 18. . WHEREAS , a public hearing was held on December 10 , 1987 , and recessed as requested by applicant until January 14 , 1988 , at which time the hearing was concluded in the Matter of the Application of ANTHONY ROBUSTELLI under Appl . No . 3676 ; and WHEREAS ,-- at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . The premises in question is known anal referred to as Lot No . 23 and ,part of 22 on "Map of Peconic Bay Properties , Inc . " . .. < :. . . I - . u, � I V-9UCaLa PUI1111S :i1 ®n t6 construct an open deck of a size 9 ' x. 41 ' 6" x 15 ' from the rear of the dwelling to , `ie inside of the existing l.khead as shown on the sketc._ '1 copy of a survey prepare;, by Roderick Roderick VanTuyl , P. C . surveyed August 20 , 1976 , and Builder ' s Drawing #1051 dated May 9 , 1987 . 5 . Article III , Section 100-31 , Column "A" of the Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet , rear yard setback at not less than 35 feet , and total maximum lot coverage up to 20% of the total lot area . 6 . Article XI , Section 100-119. 2 (B ) requires all buildings and structures located on lots adjacent to all water bodies other than the Long Island Sound to be set back not less than seventy-five (75 ) feet from the ordinary highwater mark of such tidal water body , or not less than seventy- five (75 ) feet from the landward edge of the tidal wetland , whichever is the greater distance . 7 . The deck construction is proposed to built within the 8± ft . area between the north (rear ) side of the dwelling , the easterly side line , and the existing bulkhead . 8. It is the opinion of the Board that the construction of the. deck in this area would aid in the prevention of erosion behind the bulkhead . In considering this appeal , the Board finds and deter- mines : (a ) the relief requested is substantial in relation to the setback requirements , although the existing structure is substantially deficient in the. setbacks as exists (b ) the circumstances of the property, are unique , particularly due to its nonconforming substandard size , width , depth , setbacks', etc . ; (c ) there will be no increase in population density resulting from the grant of this variance ; (d ) there will be no change in the character of the area and the variance will not in turn be adverse to the safety , health , welfare , comfort , convenience or order of the Town ; (e ) the conditional granting- of this variance will not prevent the orderly -and reasonable use of adjacent properties ; (f) the practical difficulties are not self-created 3 - Appl . No . 3676 .ter of ANTHONY ROBUSTELLI cision Rendered February 2 , 1988 and there is no other method feasible for appellant to pursue other than a variance ; (g ) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will be served by granting the variance , as noted below . Accordingly , on motion by Mr . Sawicki , seconded 'by Mr . Douglass , it was RESOLVED , to GRANT the relief requested in the Matter of the Application of ANTHONY ROBUSTELLI under Appeal No . 3676 , for the construction of - a 9 ' x 41 ' 6" x 15 ' open deck , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The height of the top of the deck shall not exceed 18" above grade or the height of the inside of the bulkhead , whichever is greater , but in no event shall the deck be constructed over the existing bulkhead ; 2 . The deck construction shall be planked to the bulkhead vertically and properly secured ; 3. The deck shall not be enclosed or roofed and shall remain open , as applied ; 4. The deck construction shall be placed within . the perimeter of this property only and shall not extend onto the neighboring property . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted . 71 J 1 k ' GERARD P . GOEHRINGER CHAIRMAN ' March 2 , 1988 ,�- ao►��."�� .,e, `gyp, �1aHt�- rail �t ti0\ so o• (b 1 1 %o 0 •300 10 - \ 1• t ° p ti h° 0 Ole 0 0� m ^ n e'V w w°• �' �• r sr y. (0 S ,c, V R'b h ,! ?a R t` 0 y0?Sp RM1 e•� `O 0 C \ > Shore line as shown o0 on tiled mop. Tie line along opproximole high woler mark of✓une 3,1977 1� jv OF kFW O NOTE: .Z of 2 ar =MONUMENT SUBDIVISION AIAP F1LED /N THE OFFICE U� k OF THE CLERK OF SUFFOLK COUNTY ON ��lI APRIL 15, /93/ AS MAP NO. 766. 40 4 5 89'3 Q RE!ZALDEN �f01AND SUiNCt° YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD. NEW YORK OUNG ENGINEER AND HOWARD W. YOUNGURVEYOR• N.Y.S. LIC. NO. 12134-1 LAND SURVEYOR VNAVTHORII.FO AI.TERAiION OR ADDITION • N.Y.S.To TH15 SURVEY IS A VIOLATION of SURVEY FOR: LIC. NO. 45093 SECTION 7209 OF THE NEW YORK STATE /I EDUCATION LAW. MOMAS MCKEON Q 'wR/ANN T MCKEON COPIES OF THIS SURVLY MAP NOT 5!ARING LOT NO 7 q Tilt LAFtC FUP.VE;Y„A'!' II-!K,, �:,, „P P ECON/C BAY PROPERT/ES, INC.,, EMPn•• �+IU SIAL SHALL 1:C•>Y At Ce)ta510[RED ' TO BE A VALIC TI!UF COI•'!. GUARANTEES INDICATED PWON SHALL RUN AT ONLY TO THE PERSOIJ FOR WHOM.iH.'. SUAVE PECON/C GUARANTEEp TO;15 PREPARED, At1D OA! H!S EciiA1F Ili 1H, - SOUTHOLD SAVINGS BANK TITLELEND COMPANY,CQVEP'JMENTAL AGOICY A TOWN O F // CHICAGO T/TL E INSURANCE CO. LENDING I'�STtTUTiCN LISTED HiE••.ON. AND SOU THOL O TO THE ASSb31qT[5 OF THE LENDING INSTI- TUTION.GUARANTEES ARE-NOT TRANSTERADL TO ADDITIONAL INSTITUTIONS OR SUESLQUE SOFFOLK CO., N. Y. E3Y�"/tlIQJL� r'• OWNERS, SCALE: " ' DATE: / - 40. ✓UAT 7, 1977 No' 77-38/ A" PO-O-fv 1440 •.2 -49-7 .4 AU±_ 9 r A5 UAW TIN %Cs mr-14L low Is. Vz 'Ass, A t LI•lIF) ov.ov. LlAfc) 10 'so �,.1_a {,•'o, SEE SEC. NO.133: IA!FL is zme n9 • L41MIS C3 4 1.2 Is 2B!?lTS_ 5 001 ot 0'" AF4YW It • Lf . . 'T 3 GA I Is P.Is 2461 -1 IA&cl It 20 Cf 4:57..�m 2.1 19 LgAld lot— ..3 1.3A c GlAic 17 'IcIIII J'A 12 -- k�,v. V Kra�t� \� `'' -� Ii •.J • • Ckl _j .01 39 13 I AA1.1 T 2 OP \0 4, 10 OA(c) . 5o 14 30 �t3ll MAW" OTNERWISE. A MOM.) 34 P.G'K.Tl S Aft wlThlm T.c F s wlw DISTN.CT2. 3c.cm X IL \ -__•_•._.__......___ No FORM NO. S TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. .Z7688 . . . Date . . . . . . . . . . . . .June. .i . . . . . . . .. 19. -77 ( Haywaters Rd Ext) THIS CERTIFIES that the building located at . -Fishermans .Beach. Rd . . . Street Prbp. Map Nopeoonic. -Bay Block No. . . . . . . . . . .Lot No. 7 . . . Ras s • .P.t.. Gutchogue. . .N.Y. re uiremsnts o, on fart ;r dwell �► 1 ous n code conforms substantially to the � � ���� b�11t r. fic to , occuvancy date . . .before .Apr .23. . ., 19. 57 pursuant to which9��� Vo.Z768$ dated . . . . . . . . . . .JuM .1 . . . . ., 19. .'J.7., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . .Private. one..f amily. .dwellin-Z . . .. . . . . . . . . . . . . . . . . . . . . . . ... . . . The certificate is issued to . . 11liam .D .. Iialsey .&. UJ3.fe . . . G;Jners. . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . Pre ®xisting. . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. pre,.. .existing. . . . . . . . . . . . . . . . ... . . . . . . . . . . . HOUSE NUMBER . . .415 . . . . . . . Street . . F.ishermans. .Beach .Road . . . Cutchague Building Inspector AD � oa , (' r,�1 r to;o� LO -: w ----ADD I T I ON ISTINO - r� N r d3 -RESIDE NC.� 0 N TIE L,LN.E. f-f-LG_N � Q WATT=R MA VLK �5 Co/3/ 7 7 - N ISgED Al? �OHIV TF� CUTG-H0.6uE s T I60 6' o JOHN SMITS ARCHITECT P.C. S 1 T�E PLAN - NE 399 CONKIJN ST. SUITE 300 20 O., = I N FARMINGM E,N.Y. 11735 1000 - 1 1 1 - 1 - ,aG co/Z 4/c') I ..-__...._._...,. c,,+cl m-a- N 7 ��c�T,QG� o� nor covEr�� �jUSrrN�v LOT 4rj5A - fi �2 SI 1 ,r s S . � j I-ro ® " �rSTiN� D�� 5 3 19 7 15 = I5,r7 �o k5VA ST/w--" Ho u S F 3q a Nam► a4ab�-r1 o N q 4 x, �71f. 2 1U 11 o C�� E zo 367q rMrrx wA-c.L/& L07— AP-&A 51 14o-7G , �ss ?8 5 1�17 f j q Houser I3 R8 'NEW At>t-aox O�(� ro 63g (10 o - ,67q 2 . I 1 ' l SVFFO(� TRUSTEES O h y John M.Bredemeyer,III,President c :� SUPERVISOR Henry P. Smith,Vice President CA SCOTT L. HARRIS Albert J.Krupski,Jr. Dy John L. Bednoski,Jr. Town Hall John B.Tuthill 1 53095 Main Road BOARD OF TOWN TRUSTEES P.O.Box 1179 Telephone(516)765-1892 Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD July 12, 1991 John Smits, 399 Conklin Street Suite 300 Farmingdale, NY 11735 RE: Waiver-Thomas McKeon SCTM#1000-111-1-36 it Dear Mr. Smits: The following action was taken by the Board of Town Trustees during its regular meeting held on July 11, 1991: RESOLVED that the Town Trustees APPROVE the request for a waiver for the following: To construct addition to existing house as per survey dated June 24, 91. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Very truly yours, John M. Bredemeyer; III President, Board of Town Trustees JMB:jt cc: Bldg. Dept. File GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 91 September 12, 1991 Re: McKeon _ Town of Southold Variance Our File # 5292 Gentlemen: Enclosed please find the DEC permit wh:GARY ;NNER 9/OL�EN by John Smits, Architect, in re the above . GFO:lmk Enclosure Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 /,lC uepartmmnc u� �r�Yi1�1111t�a4titai �,v�n�a+s�rauvu SUNY, Stony Brook -w York 11790-2356 ( 516) 751-1389 / Thomas C. Jorling Commlesioner 9-1,,;2- September 5 , 1991 i Thomas McKeon I , 17 Massachusetts Blvd. I� Bell rose Village, NY 11001 • ii I' ; i I, Re: 1-4738-00343/00001-0 i Dear, Mr. McKeon In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implement-ing regulations ( 6NYCRR, Part 621) we are enclosing your permit . Please read all conditions carefully. If you are unable to comply with any Con- ditions, please contact us at the above address.' a• Also enclosed is a permit sign which 'is .to be conspicuously posted at the project site and protected from the weather . Very truly yours, Laura 'J. Scovazzo . Environmental Anad yst LJS-slc enclosure I , ref:coverltr { i ----------------------------------------------- i i I I Cr vk DATE— .- � r Se tember 5, 1991 _.+UMBER(sl PERMIT EXPIRATION DATE Under the Environmental Conservation Law (ECL) September 30, 1993 T YPE OF PERMIT(Check All Applicable Boxes) ❑Renewal ❑Modlflcetlon OPermit to Construct El Permit to Operate Article 15, Title 5: Article 17, Titles 7, 8: Article 27, Title 9; t)NYCRR 373: j Protection of Water SPDES Hazardous Waste Management Article 15, Title 15: Article 19: Article 34: Water Supply Air Pollution Control Coastal Erosion Management Article 15, Title 15: Article 23, Title 27: Article 36: Water Transport Mined Land Reclamation U Floodplain Management "— Article 15, Title 15: Article24: ArticleS 1, 3, 17, 19, 27, 37; Long island Wells Freshwater Wetlands 6NYCRR 380: Radiation Control Article 15; Title 27: Article 25: Other: `I Wild, Scenic and Recreational Tidal Wetlands a Rivers Article 27, Title 7, 6NYCRR 360: ` 6NYCRR 608: Solid Waste Management Water Quality Certification TELEPHONE NUMBER PERMIT ISSUED TO ADDRESS OF PERMIT.TFE 17 Massachu5e115 a1yd. Bell.-ro-rP Vi l Q TELEPHONE NUMBER CONTACT PERSON FOR PERMITTED WORK ( ) 5757-1- John Smi is , 399 Conklin Street, Ste 300. F - NAME AND ADDRESS OF PROIECTIFACILITY 1Pmnans LOCATION OF PROJECTJFACILITY rutchnaljFTOWNICITY�vILLAGE WATERCrtjtOURSEMETLAND NO. TNYTM COORDINATES i COUNTY _ E: NA DESCRIPTION OF AUTHORIZED ACTIVITY 1 breezewa and a 20' X 25' garage. Relocate existings.e tic s stem. A11 work shal l be in accor ance w t • t e attac a NY DE approve pan. . i I' I permit, the ermittee agrees that the permit Is contingent upon strict compliance By acceptance of this p p � with the ECL, all applicable regulations,the General Conditions specified(See Reverse Side)and any Special Conditions Included as part of this permit. t PERMIT ADMINISTRATOR ADDRESS •AUTHORIZED SIGNATURE DATE` Page 1 of i -- ------------------------------ ----------------------- --- ^ ^ ,CAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25,34, 36 and 6 NYCRR Part 608 ,re operations by the State of New York require an al- other environmentally deleterious materials associated with the to the position of the structure or work herein authorized,or the opinion of the Department of Environmental Conservation project.mag 13. An material dredged In the Prosecution of the work herein permitted ,r shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the natural resources of the State,the owner may be ordered by the Department to tendency to cause damage to navigable channels or to the banks al ° waterway, remove or alter the structural work, obstructions, or hazards caused 14. There shall be no unreasonable interference with navigation by the work thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other. herein authorized, 15. If upon the expiration or revocation of this permit, the project hereby modification of the watercourse hereby authorized shall not be com pleted, the owners, shall,without expense to the State, and to such ' authorized has not been completed,the applicant shall,without expense extent and In such time and manner as the Department of Environmental to the State, and to such extent and in such time and manner as the Conservation may require,remove all or any portion of the uncompleted Department of Environmental Conservation may require,remove all or structure or fill and restore to its former condition the navigable any portion of the uncompleted structure or fill and restore the site and flood capacity of the watercourse.No claim shall be made against to its former condition. No claim shall be made against the State of the State of New York on account of any such removal or alteration, New York on account of any such removal or alteration, 10. That the State of New York shall in no case be liable for any damage 16. If granted under Article 36. this permit does not signify in any way or injury to the structure or work herein authorized which may be caused that the project will be tree from flooding, by or result from future operations undertaken by the State for the 17. If granted under 6 NYCRR Part 608, the NYS Department of Environ- conservation or improvement of navigation,or for other purposes,and mental Conservation hereby certifies that the subject project will not no claim or right to compensation shall accrue from any such damage, contravene effluent limitations or other limitations or standards under 11. Granting of this permit does not relieve the applicant of,the responsi• Sections 301, 302, 303, 306 and 301 of the Clean Water Act of 1977 bility of obtaining any other permission, consent or approval from (PL 95.217)provided that all of the conditions listed herein are met. the U.S.Army Corps of Engineers, U,S, Coast Guard, New York State 18. All activities authorized by this permit must be In strict conformance with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required. . 12. All necessary precautions shall be taken to preclude contamination of the permit application, of any wetland or waterway by suspended solids, seditnents, fuels, Suc {ply v plan ere repared,by John Smi is on solvents,lubricants,epoxy Coatings,paints,concrete,leachate or any ��L`I��1 an as revised 8/13/91 an SPECIAL. CONDITIONS 1, Any debris or excess material from construction of this removed from the adjacent area (upland) and removed to anr approved oject auplandll becoareately for disposal . No debris is permitted in tidal wetlands. 2.. The storage of construction equipment and materials shall be confined to within the project work site and/or upland areas greater than 75 linear feet distant from the tidal wetland boundary. 3. Prior to the ultimate expiration of this permit the permittee will cause all fill and exposed faces to be vegetated. to prevent erosion. 4. All fill shall consist of '`clean'' gravel and soil (not asphalt, slag, flyash, broken concrete or demolition debris) . 5. Sanitary system shall be placed a minimum of z feet above seasonal high groundwater. SUPPLEMENTARY SPECIAL CONDITIONS (A) THRU (J) ATTACHED. DEC PERMIT NUMBER 1 1_D PROGRAM/FACILITY NUMBER Page of 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- existing certificate of occupancy for a one family dwelling Page 8 - August. 15, 1991 Public Hearing - Mr and Mrs Thomas McKeon Southold Z.B.A. . MR OLSEN, cont'd: which is number Z7688, which certificate was issued to the applicants seller William D. Halsey and his wife.. And I submit a copy of the pre-existing c/o as exhibit number 3 . The applicants are peeking to convert what is basically a seasonal home which presently contains 1398 square feet into a year-round residence. They have retained the services of an architect John Schmitz of 399 Conference Street in Farmingdale who has proposed adding an addition to the existing residence, a porch on the north side of the house and a garage also on the north side which would be connected with a breezeway. The proposed additions would result in a lot coverage percentage of 29.3%. Under Article 24 Section 100-244B the proposed construction would exceed the permitted lot coverage area which is permitted and limited to 20%. Thus necessitating this variance application. The existing lot area is 12,519.15 square.. feet. The existing house contains 1398 square feet together with an existing deck of 573 feet for a total of 1971 square feet and a percentage of the present lot coverage is 15.7%. Now. as I indicated the McKeons are planning on using this property for a year-round residential purposes and because of that it also very important for them, not only to make the house bigger, - but to have a garage and the plans that the architect have included a garage on the north side of the .property which would be connected by a breezeway and I have been advised that the property at one time, in fact did have a detached garage on the northeast to the end of the I guess that' s the northwesterly end of the property which is evidence by a remaining concrete slab and a dilapidated foundation if you go down there you can see there what' s left of that. I've submitted as part of my various papers and computations of the percentage of lot coverage as the premises presently exists and as the applicant proposes with the planned improvements. A separate calculation page also calculates the present and proposed lot coverage percentages to the high water mark as shown on that Young and Young survey of June 7, 1977. And I would like to submit a copy of the calculations as exhibit 4, so just so you understand that the calculations calculate the percentage presently covered and what we intend to do with the lot as shown on the filed map and then on the next page the percentage of coverage areas up to the high water mark as shown on the Young and Young survey back in 1977 and if you look at that. . . . CHAIRMAN GOEHRINGER: They own to the high water mark, Mr. Olsen? MR OLSEN: Excuse me? CHAIRMAN GOEHRINGER: They own to the high water mark? Page 9 - August 15, 1991 Public Hearing- Mr & Mrs Thomas McKeon Southold Z.B.A. MR OLSEN: Yeah. And the percentage that would be covered if you go to the high water mark in 77 for the complete project would be 260 of the property whereas if we just took the filed lot number area, it would be 29.3 , so I would like to submit those calculations as my exhibit number 4. CHAIRMAN GOEHRINGER: Can I just ask you, the 12,519.15 is based upon the filed map lot or the entire lot? MR OLSEN: The filed map. CHAIRMAN GOEHRINGER: Okay. Thank you. Go ahead. MR OLSEN: The present residence contains a kitchen/dining area, a living room, three bedrooms of which two are very small and one bath. The proposed alterations would provide for a larger kitchen/dining area, a living room, four bedrooms two of which would be downstairs and two upstairs, three baths and a laundry room. The applicants have four grown children and are seeking to rebuild a home that would be suitable not only for a comfortable year-round living but would also be a suitable place to accommodate their children when they come to visit and their spouses and someday their grandchildren. The nature of this application is a quality of type living application. Present this evening is the architect John Schmitz who will fill you in further detail as to the nature of the improvements which the applicants seek to make and I think maybe at this time if you don' t mind I' ll have John come forward and he can indicate to you what he has designed, why he' s designed it and answer any questions that you may have concerning the design. CHAIRMAN GOEHRINGER: Sure. Thank you. How do you do? If you want to use that stand over there John you are welcome to put it on that or if you feel you can hold it. MR SCHMITZ: What I thought I'd do is explain some of these things, point to the model and then I' ll bring it up for you. CHAIRMAN GOEHRINGER: Okay. MR SCHMITZ: So can use it. The existing house as we've said is a one story house. Our addition is going landward from the sea. We're not extending out anywheres. What we've basically done is add this bulk of the house here to the north of the existing house. This will give us suitable space to put a all new foundations and structural systems to support a two story section on the house and at the same time not disturb any of the existing structure that exists that holds the one story section. We are going to reconfigure the Page 10' - August 15, 1991 Public Hearing - Mr and Mrs Thomas McKeon Southold Z.B.A. MR SCHMITZ, cont'd: roof line in the center here and go a little hat over this section other than that the existing roof lines of the house are relatively undisturbed in terms of load distribution and what have you. We've also arranged for a garage up here connected by an open lattice breezeway that will hook the two of them together. The lot that this is on, this base right here is the size of a filed lot indicated by this dotted line right here. The end line that you see as a loose wave is the high water mark that exists in that matter. So if you do look at this model this is all into scale, you' ll get a good idea as to how it sits on the lot and where it sits in relation to the set backs from the corners. I have also brought with me tonight a` set of plans which indicate the site plan, the layout of the garage and, the breezeway as well as the two floor plans and all of the elevations of the house and I would like to mark these as an exhibit. CHAIRMAN GOEHRINGER: You say the garage is .500 square feet. How big is that? MR SCHMITZ: It' s 20 X 25. Do you want to mark this as an exhibit? CHAIRMAN GOEHRINGER: Sure. We' ll just take it. We' ll say that we received it from you. MR SCHMITZ: If you have any other questions regarding the construction? CHAIRMAN GOEHRINGER: I was wondering what the purpose of the breezeway is other than esthetics. MR SCHMITZ: We were told by the Building Department in my discussions with Mr. Lessard that a detached garage is not allowed in this zone, it must be attached to the house and therefore one of the methods of attaching, he suggested to be, a covered through breezeway, so that is the reason we installed that in there. CHAIRMAN GOEHRINGER: Was there ever any thought about actually attaching the garage to the front of the house in anyway or building it into the front of the house? MR SCHMITZ: We had looked at that in terms of on to the house, however, due to the set backs of the lots, its existing width, hooking the garage onto the house became impractical in terms of obscuring light and entry into the house on that level. We have done our best with the hook-up to give it an open look on the connection with lattice, low Page 11 - August 15, 1991 Public Hearing - Mr & Mrs Thomas McKeon Southold Z.B.A. MR SCHMITZ, cont'd: wall, with an open top, so that you will still maintain breeze and views though that walkway as you move. CHAIRMAN GOEHRINGER: And how close is the house on the westerly side of the property, at present? MR SCHMITZ: I believe it' s approximately ten feet off the line, five feet in that range. CHAIRMAN GOEHRINGER: Are you anticipating it any closer than that at this point? MR SCHMITZ: No. Our, is this in construction with no closer than already exists on either side of the lot. CHAIRMAN GOEHRINGER: Because the other side you are only 1.8 feet right? MR SCHMITZ: Right, which is an existing condition. CHAIRMAN GOEHRINGER: We will take a look at the lot coverage based upon what Mr. Olsen has given us and. we' ll do the best we can. In situations like this, to be perfectly honest with you, I 'd rather see a two stage situation and that is the, basically the construction of the house first and then the construction of the garage after, but we' ll see what we can do. Thank you. Is there anything else you would like to add Mr. Olsen? MR OLSEN: Yes. When I submitted my application to you, I did also at that time submit a sketch prepared by John Schmitz showing the existing residence plus the proposed additions including the breezeway and the garage and I 'd like to submit another copy of that and call it exhibit 4A. CHAIRMAN GOEHRINGER: Okay. Thank you. MR OLSEN: This is a, this is not a use variance, this is an area variance, but I do submit that, if the Board did not grant the application that there would be an economic loss and hardship to my client and I 've asked Andrew Stype an . appraiser from Mattituck to come and make a presentation also so at this time I would like to have Mr. Stype come forward. CHAIRMAN GOEHRINGER: Certainly. MR STYPE: Hi, I 'm Andy Stype from Stype Realty. We have offices on the Main Road in Mattituck. I also am a licensed real estate appraiser and have been since 1978 and I had Page 12 - August 15, 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. MR STYPE, cont'd: inspected the property back on August the 13th, I had found the house was approximately 1300 square feet of living space, which is pretty much smaller than an average size house. If the owmer is not granted to have this variance he would loose about 1100 square feet of living area. I have calculated that if he looses almost 1100 square feet of area that he would loose almost $90,000 in value. I had taken these values, value cost figures from the Marshall- Swift book and it states that it' s about $80 for every square foot you' re to place that part. I have also calculations here if you would like to look at them. CHAIRMAN GOEHRINGER: I don't think it' s necessary. Does anybody want to look at them. I don't think it' s necessary. We know your credentials sir. MR STYPE: I ' ll give you a copy. CHAIRMAN GOEHRINGER: Thank you very much. MR OLSEN: If we could let just the record show that Mr. Stype has made part of the record the result of his calculations on the economic lose. CHAIRMAN GOEHRINGER: Sure. MR OLSEN: Due to the fact that this is a waterfront piece of property, the new additions to the home will be on northerly side of the property, that is the non water front side and the applicants have through their architect obtained a waiver from the Southold Town Trustees on July 12, 1991 for the intended alterations and I'm submitting a copy of the Board of Trustees letter granting a waiver which I submit as exhibit number 5. CHAIRMAN GOEHRINGER: Thank you. MR OLSEN: Low and behold will meet the present zoning code requirements and no side yard height or front yard variances will be necessary. The proposed alterations will meet the code requirements of a 35 foot front set back and- the side yards will continue the present side yards of the existing structure. The proposed garage of 20 X 25 feet will be connected with a breezeway to the dwelling and was explaining the reason for the breezeway as so that it technically becomes part of the main structure and we don't need a variance to have an accessory building in the front yard. They definitely do want a garage for purposes of storing vehicles and boats and so on and yard equipment and I would hope that the application is favorably looked at that Page 13 - August 15, 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. MR OLSEN, cont'd: it consider the entire project at this point, because I think it' s their intention to do it all at once rather than piece meal. It is respectfully submitted that the intent of improvements and alterations will result in an increase in value to the other properties in the neighborhood. Fisherman' s Beach area like so many other areas in the township was once primarily used for seasonal summer use is now becoming a prime area for year-round use. There are a number of homes in the area that were once seasonal homes and now are attractively maintained year-round residences. My research has revealed that the Zoning Board of Appeals has in fact granted excessive lot coverage variances on two occasions in the Fisherman' s Beach area. One for Anthony Robastelli, this- Tax Map Number is 1000-111- 1-lots 18 & 19. And that was granted on March 2, 1988, Appeal Number 3677 and I'm submitting a copy of the action of the Zoning Board in that matter as exhibit number 6 . CHAIRMAN GOEHRINGER: Thank you sir. MR OLSEN: The other. instance was an application of Frank . and Sandra Curran owners of Tax Lot number 1000-111-1-16, Appeal Number 3768 who also obtained a lot coverage variance and a copy of the Zoning Board of Appeals decision in that case is submitted as exhibit number 7. I might point out the Curran property which is the subject of the last mentioned variance is diagonally across the street from the McKeons' property and the lot coverage variance that was approved there was for a coverage of 25.50. I'm also submitting here with photographs of the subject property along with photos of houses across the street on the north side of the McKeon property and other nearby parcels for purposes of showing the character of the neighborhood. I would request that said photos be marked as exhibit number 8. Also if you drive up and down the road there, you see that there are all kinds of houses really nice year-round houses and there are some houses that are very close to the road. The proposed alterations to the main part of the house, the McKeon house, - the closest part. of the house itself, the house proper, would be set back 82 feet from the road. Of course the garage would be about 35 feet back, but the house itself would be set way back about 85 or 82 feet south of the road itself. In any event I' ll submit these photos. CHAIRMAN GOEHRINGER: Thank you sir. MR OLSEN: I respectfully submit that the applicants do have a practical difficulty in connection with this property. And that the following matter should be considered by the Board in connection with this application. One its respectfully Page 14 - August 15 , 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. MR OLSEN, cont'd: submitted that the variance being sought is minimal in character, that as there' s only a 9% additional lot coverage variance from the permitted 20% under the code. Number two, the effect if the variance is allowed would not increase the population density, nor would it have any effect on available governmental facilities. Number three, there will be no substantial change produced in the character of the neighborhood, nor any substantial detriment to the property and in fact the variance would produce advantageous results to the adjoining properties, in that, what is now a seasonal type home would be greatly increased in value by the improvements. And thus in turn improving the value of other properties in the neighborhood. Due to the fact that this is a non-conforming lot which was created back in 1931, it' s not feasible for the applicant to build suitable year-round comfortable living accommodations for his. family other than pursuing this variance application. It is thus respectfully submitted that the interest of justice would be served by allowing of the variance and there are practical difficulties of the applicant in carrying out the strict letter of todays regulations, which the Board has power to vary and modify pursuant to Article 28 Section 100-271 of the zoning code. The applicants are also present so if the Board has any questions that they would like to ask of the McKeons. CHAIRMAN GOEHRINGER: No. I just want to ask the architect another question. Thank you Mr. Olsen. Mr. Schmitz, what would be approximate height from ground level or grade to the ridge on this side? Just an estimate. MR SCHMITZ: Approximately 27 feet, perhaps it' s 25 to 27 in that range. CHAIRMAN GOEHRINGER: And what would be the approximate height of the garage to the ridge? MR SCHMITZ: It' s eight foot at the sill height, I believe it' s, it would have to be about 15 or 16 feet. CHAIRMAN GOEHRINGER: The only thing I wanted to mention for the record is that on that side that you have 1. 8 feet, you are actually asking us to increase a non conformity in reference to height which is a difficult thing for us to deal with. And I' ll be honest with you, we never granted it before since I 've been on the Board which is eleven years, but we' ll see what we can do. Okay. Thank you very much. Do you have any questions? MEMBER DINIZIO: Yeah, I do. Page 15 - August 15, 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. CHAIRMAN GOEHRINGER: Oh, wait a minute we have. . . MR OLSEN: Mr. Chairman, I would just like to make one more comment and that is, that closing it' s respectfully submitted that there is no legitimate public interest served by not granting the variance. Thank you. CHAIRMAN GOEHRINGER: Who would you like to ask the question? MEMBER DINIZIO: Mr Stype. CHAIRMAN GOEHRINGER: Oh, Mr. Stype sure. MEMBER DINIZIO: I just want to make sure I understand this. You're saying that the value of this property, the property would be devalued if we do not grant this.. MR STYPE: No. Like I'm saying if he' s allowed to increase his house size by an extra 1100 square feet, that he would increase value by. almost $90,000. Because, obviously. . . . MEMBER DINIZIO: But where is the hardship, as far as us granting or not granting, how would our not granting this application create a monetary hardship on this person now. .MR STYPE: Well the hardship is that if he' s not allowed to increase his house by the extra .1100 square feet, that he would lose almost $100,000 in value that is a hardship or is economic loss. It' s obvious especially so if you have a house that's on any body of water if you increase the size you really increase the overall value. And in a house like this, it is so small, he would have a lot of advantages definitely. And that' s also economic advantages too. MEMBER DINIZIO: Okay. Thank you. CHAIRMAN GOEHRINGER: Bob? MEMBER VILLA: I have a question, Gary on any of this new construction now is that going to disturb the existing sanitary system? MR OLSEN: I believe that they are planning on using the. . . MR SCHMITZ: . . .the existing sanitary system is going to be located, we've contacted the D.E.C. concerning that matter as well as the Suffolk County Health Department. MEMBER VILLA: So it' s on the land ward side of the house? Page 16 - August 15, 1991 Public Hearing - Mr & Mrs Thomas M McKeon Southold Z.B.A. MR SCHMITZ: Yes. CHAIRMAN GOEHRINGER: I guess that' s it. We thank you Mr. . Olsen, we thank you Mr. Schmitz and we that you applicants for such an extensive presentation. Is there anybody else who would like to speak in favor of this application? Not only that thank you Mr. Stype, I apologize. Is there anybody that would like to speak against the application. Seeing no hands 1 ' ll make a motion closing the hearing reserving the decision until later. Thank you. All in Favor - AYE. Appl. No. : 4048 Applicant(s) : Burt Lewis, Jr. Location of Property County Tax Map No. : 1000-126-1-4.1 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: We have a survey produced by Roderick Van Tuyl P.C. most recent date is May 7, 1991 indicating that the nature of this existing addition is 20 X 20 off the west side of the existing building on the Main Road in Mattituck, some 196.97 feet west of Bray Avenue and is presently used as a Real Estate office. And I have copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? Mr. Lewis how are you, nice to meet you sir. MR LEWIS: Yeah, I 'm Ronald Lewis, I 'm Burt Lewis' son. I think the application speaks for itself. CHAIRMAN GOEHRINGER: The only thing that I would mention is that is there any appropriate parking plan that you have at this particular time? There .appears to be no designated parking at this site, is that correct? MR LEWIS: No. There' s existing blacktop. There' s no lines on it. CHAIRMAN GOEHRINGER: There' s no lines on it or anything of that nature. Are you still at this particular time parking in front of the building and backing out into the Main Road. MR LEWIS: No, we never backed into the Main Road. There' s plenty of room there to turn around. There' s a lot of room on the side. D- StYp a Brothers Real Estate, Inc. MAIN ROAD, MATTITUCK, NEW YORK 11952 (516) 298-8760 FAX (516) 298-5779 J_ AL_ llp�li,� ,,,ins► ---- — August 19, 1991 Gary Flanner Olsen, Attorney at Law PO Box 706,'" Main Road Cutchogue, New York 11935 Re: McKEON, THOMAS/District: 1000; Section 111.00; Block 01.00; Lot 036.000- South side of Haywaters Road; on Cutchogue Harbor; Nassau Point; in the Hamlet of Cutchogue; town of -Southold; County of. Suffolk; State. of New York. Dear Mr. Olsen: It is in my opinion that if Mr. McKeon is-allowed to build using twenty per- cent lot coverage,-- which is before the variance, the Indicated Market Value`-for the improvement and the land would be as follows: $300,000. If Mr. McKeon is allowed .to obtain his variance, and if the variance was . used for additional living space for his dwelling, the Indicated Market Value, . in my opinion, for the improvement and land would be as follows: $3901000._ . es e tf tted, drew D. type 1 ADS:lp Stype Brothers Real Estate, Inc. . MAIN ROAD, MATTITUCK, NEW YORK 11952. (516) 298-8760 FAX (516) 298-5779 August 15, 1991 Gary Flanner Olsen., Attorney at Law PO Box 706 - Main Road Cutchogue, New York 11935 Re: McKEON, THOMAS/District: 1000; Section 111.00; Block 01.00; Lot 036.000. South side of Haywaters Road; on Cutchogue Harbor; Nassau Point; in the= Hamlet ,of Cutchogue; Town of Southold; County of Suffolk; State of New York. ' _ Dear Mr. -Olsen:' This letter is in regard to the above referenced property, described above, and recorded under the ownership of THOMAS McKEON, .according to records available'., in the 'Suffolk County Property Data Offices for the Town of Southold. This appraisal problem is to determine the difference in market value if Mr. McKeon is allowed to increase his lot coverage from twenty percent to twenty- nine percent. Under the current Town of Southold Building Codes, Mr. McKeon is allowed a twenty percent lot, coverage. . Mr. McKeon is- desirous of a twenty-nine percent lot coverage, resulting in the additional nine percent requiring a variance. The existing-lot area is approximately twelve thousand five. hundred nine- teen square feet,: -and if Mr. McKeon is allowed to build.on twenty percent.:lot coverage, it would result in the- following: 12,519'. sq. ft. x .20. lot coverage 2,504. sq. ft. lot coverage. If Mr. McKeon wishes to increase lot coverage by an extra nine percent, to twenty-nine percent, -it would .result in the following: 12,.519.- sq. ft. x .29.: 1ot coverage 3,631. sq. ft. lot coverage. The extra nine percent in•- lot coverage would amount to a difference of: 3;631. sq.. ft. 2,504. sq. ft. 1,127.• sq. ft. • �� -continued- °l� McKeon August 15, 1991. It is in .this appraiser's opinion- that there would be an economic loss, and that would be computed as follows: Basically, the loss could be determined in two different ways. #1. The 1,127 sq.ft. could be improved with decking and a,- garage. Currently, the dwelling does not have a garage and garages are typical to the area. The average sized two car, frame garage is approximately-five hundred feet. Replacement cost for the garage would be-thirty,-seven dollars per square foot as follows: 500 sq. ft. x $37.00. per sq. ft. _ $18,500. If the remaining six hundred twenty-seven square feet ,is improved with a deck,- the loss would be as follows: 627 sq. ft. x $ 9.00.per sq. ft. _ This would make a grand total of: $24,143. - which would be the economic loss to Mr. McKeon if he is not allowed toain- crease his lot coverage by an additional nine percent. #2. If the additional one thousand. one hundred -twenty-seven square feet is used for living space in the dwelling, the economic loss would be computed as follows: 1,127 sq. ft'. x $86.00 per sq. ft. _ $96,922. which would represent the economic loss•.to Mr. .McKeon if he is not allowed to have the additional nine percent in lot coverage. (es tf y u 'tted, Andrew D. Styp SRA ADS:lp -.�,, Nl�keon •I�.es,c�,�G� H+Ok VJATeM L/Ajf usrrN� c,d7— IA 114076 , sr• I q� House � �8 New ate,TToA W ro 10 sr 7� N\�\AIL 0,4\ TOWN OF SOUTHOLD ZON ING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 0.� Appl. No. : 3768 Applicant(s) : FRANK AND SANDRA CURRAN Location of Property: 7.80 Haywaters Road, Cuthogue Tax Map ID No. : 1000- ill-1=16 October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr. ; Member Serge Doyen, Jr. ; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness) . Also present were: Board Assistant Linda Kowalski , and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing , as published in the suffolk Times and L. I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a survey of retty much of all of Fisherman 's Beach from Roderick VanTuylP.C.pdated September 6, 1988 indicating the approximately placement of a pool 30 feet from what they call Haywaters Road. Basically a private road and k. an extension of. And 12 feet from the west property line. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I have a sketch of the individual piece of property which appears to be drawn to scale requesting a swimming pool of approximately 21 at its widest point and 27 at its longest pool with an enclosed deck area around the pool of approximately 30 by 34 and as wide as 37. Peter, would you like to be heard on behalf of this application2 MR. STOUTENBURGH: We were hoping that the market survey there that VanTuyl had done to give you some definite setbacks off of that private road where there are garages and dwellings in the area. Just so that you could see that we weren 't asking for an awful lot on the five foot reduction of the frontyard. And we just hit the ones .that were very obvious. There are a couple of others in there that are within a few .feet. " I think the biggest thing there is the amount of land that actually were in the original deeds, were not looking for pool or deck area unless you got about a 250 lot coverage. As you can see, some of the lot and I believe you have the survey that indicates where the original property had been before the erosion problem in that area. nal we 're asking now and the exact sizes of the poolWhat , the deck is very slightly. Although we 're not looking to occupy any more land even though the pool is wider. The area that is indicated by the deck is as extended as far as we 'd like to go. We 're only asking for .� 200 or 21. 40 of the overall deeded land. I think that 's pretty much the way it was presented to you Do you have a copy that gives you the percentages? ie 2 - Thursday, - !tober 6, 1988 'blicN..earing P fK PND SANDRA CURRAN outhold 7onina-Board of Appeals CHAIP.IAN GOEHRINGER: Yes I do. It says 19% existing house and 25% house and pool. Is that it? It' s broken down to percentage. MR.. STOUTENBURGH: Yes that' s the one. CHAIRMMAN GOEHRINGER: Now deep is the pool? PAR. STOUTENBURGH: The pool ids probably just going to be six foot as best we can get down there because of the heighth above water. CHAIRMAN GOEHRINGER: And is it going to be built at grade or above grade? MR. STOUNTENBURGH: Basically it' s going to be as low as we can get it.. I don't know if we can go all the way down there. If you no- tice we- have a pine to determine the depth that we can go with the gunite pool there. It appears to be 18 to 24 • inche.s out of the ground but it would appear to be out that much because of the deck structure that ' s built around it. CHAIRMAN GOEHRINGER: Will there be any screening around the pool? MR. STOUTENBURGH: Yes. I believe the one survey that you 've got there shows where the driveway will not be. the complete "U-shaped" driveway. It will be landscaped there. CHAII-LAN GOEHRINGER: Well, there ' is no one specifically to the wrest because that ' s a marshy piece on the west side. It' s just that if the pool stuck four foot out of the ground, it would be rather obtrusive to the neighbors and to the owners too I suppose. Ok. And there ' s no indication of enclosing the pool. Did I ask you that question? PAR. STOUTENEURGH: No sir. CHAIRMAN GOEHRINGER: Alright. I guess that pretty much covers it. I thank you. Is there anybody else that 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 ' ll make a motion closing :the hearing reserving deci- sion until later. All in favor - AYE. t -4 Oct. 26, 1988 Regular Meeting ithold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Application of FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III , Section 100-31, for pool with construction of a deck and fence enclosure with an iiisuff icient frontyard setback asd780cessive HaywaterstRoaderCutchogue, 20 percent) , at premises known NY; County Tax Map Parcel No. 1000-111-01-016. WHEREAS, a public hearing was held and concluded on October 6 , 1988 in the Matter of the Application of FRANK AND SANDRA CURRAN under Application No. 3769; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following findings of fact: question is known and referred to as 1. The premises in Town of 780 Haywaters Road, in the Hamlet f Lot #45 of Cutchogue, Southold, is identified as part o part of at erm and Lot , #26, on the Maps of "Pe co a shown Suffolk Tax Beach, and is more part Maps as District 1000 , Section 111, Block 1, Lot 16. 2. The entire premises htslnrlength andnvaried north depthsside of of Haywaters Road of e s fee resently improved 128 and 100 feet. The subject premises is p with a single-family dwellingstructch ure assubmitted rorpconsideration. shown on the August 3 , 1988 r i y als - 5 - Oct. 26 , 1988 Regular Meeting Southold Town Board of Appe (Appeal No. 3768 - CURRAN decision, continued: ) 3. The setbacks of the existing dwelling are shown on the feet a sketched submitted hereunder therdWelling to) the2westerly side northwesterly corner of the Property line (along the bulkhead) ; (b) seven feet, more or from the nearest northerly (rear) property line; less, side property line at its feet, more or less, f51+-rom t feet he afrom lthe front property line closest point; ( ) along Haywaters Road. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires a minimum frontyard setback at 35 feet and maximum total lot coverage at 20 percent. 5. Section 100-33 permits the " . . .average setback of the existing dwellings withinmblock andeet of and samehuseroposedistrict. e same . . ... side of the street, same 5 . The location of the proposed ool ndrfence eenclod at sure is within the frontyard area. The setback is i' feet for the fence from the westerly side property line and at 30 feet from the .front property line. 6. The total lot coverage of the existing dwelling is (inclusive of land underwater or shown to be 19,080 sq. ft. 15,470 of the upland area. The square fforathe pool e and decks is given at 3066 sq. ft. , and thecoverage given .at 833 sq. ft. The .percentage of the existing dwelling . coverage is 190, and the ithin total ahalfnta percent ofe ifl25oari(25n- is granted is shown to be w 25-1/2 0) . 7 . It is the positioonformities of this oofdthealotnand limited g this application, the nonc buildable area do lend to the tedeisf theeminimal cnecessary and difficulties. The relief reques the Board agrees the request is not unreasonable under the circumstances. on motion by Mr. Goehringer, seconded by Accordingly, Mr. Grigonis, it was RESOLVED, to GRANT the reliANeDeRA CUeNdunder the AppealMatter of the Application for FRANK AND S i No. 3768 as applied under Appeal No. 3768, SUBJECT TO THE � FOLLOWING CONDITIONS: i W y_ lthold Town Board of Appeals -6- Oct. 26 , 1988 Regular Meeting 1. The total lot coverage shall not exceed the amount requested (at 25+-0) ; 2. Scr r eening with three-ft. high evergreens every six feet be placed and continuously maintained on the outside of the fence enclosure; 3. The new construction remain open and unroofed (as applied) : 4. There be no lighting which may be adverse; 5. The pool construction not be elevated more than three feet above grade level (with the exception of minimal step areas) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. GARY FLANNER OLSEN COUNSELLOR AT LAW I P.O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 August 27, 1991 i991 `! g I ; Re: McKeon - Town of Southold Variance Our File # 5292 Dear Linda: Enclosed herewith please find a copy of a deed to-'-.Thomas M. McKeon and Mariann T. McKeon, his wife, recorded in Liber 8264 Page 135 which deed does not refer to the property running to a :high water mark. It appears that the deed only describes the lot on the filed map and I would like your office to be clear that it does not appear that the applicants own up to the high water mark. Very truly yours, ARY ER OLSE FLA j� GFO:Imk Enclosure Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Attn: Linda 3 lJr.� 10;29— --- $ 5 27 6739 FATIi=O, RUHD. 02 t .may µ0...1.^r►�".w.•w r..w.,�.,.r.r.y.r.t.,y,.r�Lw�a"',. 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Stiffii �Ya Id•r '$el r ---------------------------------------------------------- r V 1 ,;�•, — — ser-r� i -"ADDITION r t� �xISTINO I f�ll AUG 61991 ►: a N TIE LINE HIGH O WATT=R MAP K -7 7 N ,�ERED qRC G�5 `- y'� CUTCHoGUE Ohl N S�.�,.FO l60 SITS PLAN - r o� JQHN SMITS ARCHITECT P.C. NE 399 CONKLIN ST. SUITE 300 go_po = III FAR!VINGDn!.F;N.Y. 11735 GARY FLAN N ER OLSEN COUNSELLOR AT LAW P. 0. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 �it AW 60 ' Au'gu-tt 5, 1991 Re: McKeon L Town of Southold f= -- - Variance Our File # 5292 Dear Linda: Enclosed herewith please find five copies of the site plan of which I have had the Architect, John Smits, place his seal to be made a part of the file. Very truly yours, 4GARYFL40fS GFO:lmk Enclosures Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 c4AA� N l �yct sT/NG D�Gk' S 3 19 7 15 I5,'7 �o �suST/� �tou5� �3qa NSW ebb►Ti aN ��� - 2Q l1° 3670{ sr- T/TLE NO.:77- ff f' dhr x y :r -AIL ti •i 0� poi oo rydQCk I Q. 0b O �/ a w• 0��( i, �a 4 1 �SrY >n v (O / n;` t• i�47. o. 41.i."i:.\�r^rrr-�. ..�. \�,u - -•� :°ate - ..~._.._ ^ y'i v 16f- ( Shore line os shown on filed mop. s•� ie line olong opproximole Xx \ wo/er mark of June 3, S�P(6 OF Nflk RD W O�A /o p NOTE.-- MONUMENT SUBD/V/S/ON MAP FILED /N THE OFFICE _ ,�`�y%',.1 • t7 OF THE CLERK OF SUFFOLK COUNTY ON �+"ry k APR/L 15, /93/ AS MAP NO 786 S !/C do 4589 %4f REVISIONS ���AND SUR�ti�Oa YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD,' NEW YORK §ALDEN W. YOUNG HOWARD W. YOUNG .. S UNAUTHORIZED ALTER PROFESSIONAL ENGINEER AND 'LAND SURVEYOR !G TO THIS SURVEY IS Al OR ADDITION 1P LAND SURVEYOR, N.Y.S. LIC. NO, 12S4D i �� SECTION 7209 OFTEN LATION$O^1E N.Y.S. LIC. NO. 4SBOIa^-- EDUCATION LAW. SURVEY FOR: COPIES OF THIS SURVEY ti1AP NOT PE THOMAS McKEON & MARIANN T. McXEON THE LAND SURVEYOR'S II:!<ID S;A, FMEOSSCD SEAL SNAIL ryOT GE AFING TOBEA °+ LOT NO, 7, "PECON/C BAY PROPERTIES, /NC, VALID TRUE COPY, CUNSIDERED GUARANTEES INDICATED HEREON SHALL PUN ONLY TO THE PERSON ii IS PREPARED, FOR WHUM AT �` PECON/C GUARANTEED TO} ANU Oi': HIS BEHALF TT iI1E yVEY TITLE COhlFgryy GOVLI!`7MENTgL SOUTHOLD SAV/NGS BANK ' LENDING INSTITUT1.5 ktSTFD .�;;;.:',;:• AGENCY gryp CH/CAGO T/TLF. /NSURANCECO. � TO THE ASSIGNEES OF TIIE LENDINGNNSrID TOWN OF SOUTHOLD 1 TUTION, GUARANTLES ARE NOT TRANS STI. TO A filONAL INSTITUTIONS OR SUSSEQU8 �W E SUFFOLK CO., N.Y. BY SCALE: DATE: NO. / = 40= - 7. /977 77-38/'`- I APPEALS BOARD MEMBERS SCOTT L.HARRIS o Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. O,( �`a� Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALLSybert A. R6hfox(516)7 8 A. Villa i . Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 July 25 , 1991 S.E.n.R.A. TYPE II ACTION DECLARATION Appeal No. 4046 Project/Applicants: Thomas and Mariann T. McKeon County Tax Map No. 1000- 11-1-36 Location of Project: Haywater Road Extension , Cutchogue Relief Requested/Jurisdiction Before This. Board in this Project: Addition and excessive lot coverage 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 P• �V MAlb Or mrvv YOM) )SS: COUNTY OF SUFF 9LK) SPAPw YC D Gle— ®f mattltuok, in said County, being duty sworn, UYS tat hold* Is principal Clerk of THE SUFFOLK TI 5Sr a Weekly Nowspaperr 4 published at Mattltuck„ In the Town of Southold, County of '^r Suffcik and State of New York,and that the Notice of Wish 4 t. the am-lexed is a prtnte4 copy,hm been re-pularly publidmd In J � -3u1d Newspaper Duce each week for weeks successively, commencing on the 67 _ day of Principal Clark Sworn to before Im thbjq%�Tj A.MAGINN E'wr�,u?c-c�,1 NOW Yot fiaai; i Lr 5ul;o1-1;County s i NOTICE OF HEARINGS the times specified below: more than three rooms on the tecood- NOTICE IS HEREBY GIVEN, 7:30 p-m. Appl. No. 4043 — floor of the existing dwelling strut- pursuant to Section 267 of the Town JOHN 11.AND GAYLE BIRKMIER. tare. Location 49850 plain Road, Law and the Code of the Town of Special Exception to the Zoning Ordi- Southold,NY;County Tax Map No. Southold•the following matters will nance. Article III• Section 100- 1000-70-07-10. be held fer public hearings befort the 30R(16)for permission to establish ?:35 p.m. Appl. No. 4044 — .SOUTHOLD TOWN BOARD OF "Bed and Breakfast Use,"an owner- WILLIAM. AILEEN AND JOHN APPEALS at the Southold Town occupied building•other than a hotel, PARROTT. Variance to the Zoning Hall, 53045 Main Road, Southold, where lodging and breakfast is pro- Ordinance, Article XXIII.Section NY 11971, on THUR5DAY- vided for not more than six casual, 100-239.48 and Article XX1V•Sec- AUGUST 15. 1991_commencing at transient reamers,and rtn ing of not $ge 7Leg.nita,ttatxi page Legals.« breezeway and garage which wilt be trio for permission to audmiie raeey- raanet of the lot area for the estab- lot axes. in excess of the 20%lot coverage cling and salvage facility,excavation lishment or approval of a second 8:50 p.m. Appl. No. 039 — Continued kern previous page limitation.The subject parcel is sub- and drainage yard(pursuant to Town dwelling unit in an existing dwelling _CLIFFSIDE ASSOCIATES.Appeal tion 100-2448.for approval of deck standard in size and is located in the Board Resolution adopted April 9. stricture and for the establishm=t or for an Interpretation under the Ekfuh- c nstruction at less than 75 feet from R40 Zone District.Location of Prop- 1991.to be used in conjunction smith approval of a third dwelling unit in tion Section of the Zoning Cole,Ani- the bulkhead and in excess of the arty:415 Filberman's Beach Road, those uses conditionally permitted the rear accessory building,both in cle I.Section 100.13 as notieo3 totbc 2056 lot coverage limitation for all Cutchogue; also referred to at Lea 7 under Special Exception No. 3491 conjunction with multiple business adjoining property aw•ners,as pertains stmcnrtrs.The subject parcel is sub- on she Map of Peccaaic Bay Proppe�r- (ZBA resolution adopted June 25. uses and existing single-family resi. 40 dwelliag andjor motel use I.aaral the standard in size ar►d is located in t}re ties,Inc.(1931).Caurtty Tiz hlap 1986)for cutsiale stcApiEing of Rum- dential unit of abiz substandsardpaarcel, installation of cooking fadlities. R-40Zone District.Location of prop- No•1C XW 11-1-26. 641 and related offices. Location of Location of premises: 135W Main Location of Property:61-175QAoty eery:2435 Cedar Lane.East Marion; 7:53 p.m. Appl. ?do. 4048— Property:l.tt No.2 on dr-$lino Sub- Road,Mattituck.NY; County Tax Road 48.Greeeal on,NY;Coa-tty Tax- County Tax Map No.IWO-37-4-9, B URT LEWIS,JR. Variance to the divisi cc,Nrlap No.450 of L-B.Glover Map ID No. I000-114.114-11-3.'aut Map Parcel ID L000-045-01 dw[71 sod 7:40 p.m. Appl. No. 4045 — Zoning Odinante,Article ELL Section 11910 Oregat Road,Cutclnogtroe•NY, subject parcel is nonconforming in CO2(2.1).containing apptxsz_=h-ly'GLORLI LOWERY.Yaar-mce to the 100-32 and Article XXIV,Section County Tax Map No. 160D-83-3-part this Hamlet Rusiness(HB)Zone Du- 7.5 noes.Zone District:ficscrt R:si- Zoniag Ordinance,Article Jd'%Clli, 100-243 for approval office adds• of 4.4,containing 4.59 acres. trict committing approximately cane- de-rrtial(RR). Section 100239.4(3)for permission tier resulting in art expansion of the 8:20 p.tn. Appl. No. 4042 — lsalf acreaFtotallotarea The Board of Appeals vAL art saai& to construct open-deck addition to existing nonconforming use and LAWRENCE CERVOti. VBrianCC to 8:44D p.m.Appl.No.3959—MR. time and place hear any and 01 per- dwelling structure with a setback at increasing the degree of nonconfor- the Zoning Ordinance,Article ze thinXXM, AND MRS_JOSEPH HARDY.Spa- sons ae n pa�teaatati res desiria�sc be 75(eat from the buIkitead. nance of the building aenbaek in the Section 100 239.48 for pCnrL slam to ciat E:treption to the Zarning Oedi- 12eerd in the above naattets. The subject parcel is substandard in fro lriatra from yard area.'(1ta subjaxt passel is oavrslntct addition to dwelling with a nance, Article IX, Section 1d10- comments may also be sulmitteda a size and is located in the R-40 Zane substandard in size and is loczct:d in sxtbsck at less than 75 feet frarn the 91f3d2)(4)to permit eltfatr an antes- prior to the emsslusiora of the soak ct District. Location of Property:650 the Agri�tural-Conservation(A-C) bulkhead. Location of Property: gory apartment or second dwelling lrearirtba. Each lacar�ng wily ratyt stare tOak Avenue,Southold,NY; County ?gone District. Location of Property: pecxnic Bay Boulevard, Laurcl; unit over stores,or thernatively to before the times designated ethane. Tax Map No. 1000-77-1-2. Also ��Main Road,Laurel NY.Caumty County Tax Map Parcel N6. two- permit rnu➢aipls dwelling use.within For more information,plerse tali rrfermd to as Lot Nos.29S.234.283, Tm:t Map No- 1000-126-01 4A,also 126-11-21.The.subject parcel is suit the existing mixed busi. 765-1809. 292. and part of 291 on the Map of referred so as Lot Nos. I d: 2 rat the standard in sure and is Iacated in doe nesslresidenru l gtauct m-Location of Date&My 2►,1991. Goose Bay Estates(1934). Map cr£George L Tuthill(i929). R-40 Zone District premisrm 13500 Main Road.Matti- BY ORDER OF THE 7:45 p.m Appl.Na 4046—i2 ) 8:15 p.m. Aggl. No. 4041 — 830 pan.Appl No.395$—14Bd turd,NY; Cotttrtp Tax 3rlap Ill No.,r f30h78D4F $OUITIOLJ7Ti1WA1 7 XD MRS.'iHOMAS hf McKEON- m DONA,LD AND JEANNE GRIM. AND MARS.JOLSEPH HARDY tfati- 1000-114-11 S.'At:atabject lsatoe!is APPEALS G�1?Variardoe to the Zeroing Otdiraarlce, Aerxdment$a,apactal Exception an=todaeZoning Orditxvffiacx,Jar kIt norworsfforralatg by this Hznalet srsi_ GCCHRIKGERCllAlEt;Aawr n Asticte XXIV,Section 100-2448 for Approval tinder AAA. No.34g1,in IX.ti„tction 100-W.faepumisaicm to rasa(HB)Zane District raatuduling Hp1�1®94�uJs9cii permisrkat to construct.addition with this L1ght Industrial(Ll)zone Dis- inueate the degree of®oeconfor- apprcutirmasely tine-half acts 4 total 7132-ITAS NOTICE OF HEARINGS is located it=1--R 40 Zone Disi NOTICE IS HEREBY trict.Locat f Property:41 t='--- ---"- GIVEN, pursuant to Section Fisherman' —ach Road, Cutj C O U N"I'Y OF S U F F O L , 267 of the Town Law and the chogue; also referred to as Lot S'TA'1 -- 01= NEW YOIZK ss. Code of the Town of Southold, 7 on the Map of Peconic Ba the following matters will be 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 1'I-I E LONG ISLAND T R A V E L S R.W A T C H M A N 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 foraffi p- and that the notice of which the annexed is a printed copy, UST 15, 1991, commencing at proval of office addition result- the times specified below: ing in an expansion of the exist- has been •I)ublished in Said Long Island 'Traveler-Watchman 7:30 p.m. Appl. No. 4043— ing nonconforming use and in- o i'C e each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks JOHN H.AND GAYLE BIRK- creasing the degree of noncon- MIER.Special Exception to the formance of the building set- CC, Zoning Ordinance, Article III, back in the front yard area.The S u c c e s s i v e I y, c o m m e n C i n C Oil the O 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) (lay ��,y - 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 'Iax Map No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . than six casual, transient 1000-126-01-4.1;also referred'o roomers, and renting of not9 as Lot Nos. 1 &2 on the Map more than three rooms on the of George I. Ththill (1929). second-floor of the existing 8:15 p.m. Appl. No. 4041— dwelling structure. Location: DONALD AND JEANNE Sworn to before file this . •. . . . . . . . . . . . . . . . . . . . day of 48850 Main Road, Southold, GRIM. Amendment to Special NY;County Tax Map No. 1000- Exception approval under Appl. 70-07-10. No.3491,in this Light Industrial . , , , , , , C,c�j 19 / 7:35 p.m. Appl. No. 4044— (LI) Zone District for permis- WILLIAM, AILEEN AND sion to authorize recycling and JOHI,LPARROTT.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. ti� =✓. G��, for approval of deck construe- tion with those uses conditional- Notary Public tion at less than 15 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- outside stockpiling of material i 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 Coy nty 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 substan- the Zoning Ordinance,Article 1, of L.B. Glover; 11910 Oregon dard parcel. Location of pre- Section 100-13 as noticed to the . Road, Cutchogue, NY; County mises: 13500 Main Road, Mat- adjoining Cedar Lane, East Marion; 1 g property owners, as Tax Map No. 1000-83=3-part o tituck,ICY;County Tax Map ID County Tax Map No. 1000737 4.4, containing 4.59 acres.tti5 No. 1000-114-11-5. The subject Pertains to dwelling and/or 4-9• 8:20 m. Appl. No. 4042— motel uses,and the installation P. PP parcel is nonconforming in this 7:40 p.m. Appl. No..,4045= b LAWRENCE CERVON. Vari- Hamlet Business (HB) Zone of cooking faciliites.Location of GLORIA LOWERY.Variance to; 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 Thx 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 permission-to construct open- construct addition to dwelling MR. AND MRS. JOSEPH and 002 (2.1), containing ap- 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 Vthe Board of Appeals will at tion of Property: 8460 Peconic IX, Section 100-91B(2)(4) to 1 y subject parcel is substandard in Bay Boulevard, Laurel, NY; permit either an accessory said time and place hear an and size and is located in the R40 all persons or representatives de- County Tax Map Parcel No. apartment or second dwelling siring to be heard in the above Zone District.Location of Pro- 1000-126-11-21.The subject par- unit over stores,or alternatively 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 District. ness/residential structure. Loc�S conclusion of the subject hear- as Lot Nos. 285,284,283,282, 8:30 p.m. Appl. No. 3959— I tion of premises: 13500 Main ing..Each hearing will not start and part of 281 on the Map of MR. AND MRS. JOSEPH Road, Mattituck, NY; County before the times designated Goose Bay Estates (1934). HARDY. Variance to the Zon- Tax Map ID No. 1000-114-11-5. " above. For more information, 7:45 p.m. Appl. No. 4045— ing Ordinance,Article IX,Sec- The subject parcel is noncon- Please call 765-1809. MR.AND MRS.THOMAS M. tion 100-92, for permission to forming in this Hamlet Business Dated: July 25, 1991. 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 PP GERARD P. GOEHRINGER breezewa and ara a which will i second dwelling unit in an exist- p.m. A 1. No. 4039— y g. g g .3 CLIFFSIDE ASSOCIATES. i CHAIRMAN be in excess of the 20% lot ing dwelling structure and fob) Appeal for an Interpretation By Linda Kowalski . coverage limitation.The subject ti the establishment or approval of under the Definition Section of IX, 8/8/91 (5)1 parcel is substandard in size ands - APPEALS BOARD MEMBERS �rl'g' "s{� SCOTT L.HARRIS Gerard P.Goehrin ger Chairman + `\.„`v Supervisor 9 Charles Grigonis,Jr. � r �'- Town Hall' 53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio Jr. r' y Southold,New York 11971 Robert A.Villa '=���' � v 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 . n .s � N 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 Noti 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 substanda][rd 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 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 1 as Lot Nos. 285, 284, 283, 282, .and part of 281 on the Map of Goose Bay Estates ( 1934) . a 7 : 45 p.m. Appl: No. 404E - 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. 1000-111-1-36. 7 : 53 p.m. Appl. No. 4048 - BURT LEWIS, JR. Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XXIV, P-age 3 - Legal Notic_ _)f 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 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 Leut_L e� 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 i ;4 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. Page 5 - Legal Notice f 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. Dated: July 25-, 1991. 1 BY ORDER OF THE SOZJTHOLD 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 9� jell Copies of legal notice for August 15, 1991 hearings- were mailed to the following 8/6/91: P . Mr. and Mrs. John H. Birkmier 4885a 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 11915 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 & neighbor notice Re: Lowery) �o��FFo��r�QGy JUDITH T. TERRY O ` 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 yQ �- 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 24, 1991 RE: ZONING APPEAL APPL NO. 4046 - THOMAS & MARIANN MCKEON Transmitted herewith is Zoning Appeal App. No. 4046 - THOMAS & MARIANN MCKEON together with the Notice to Adjacent Property Owner, the Notice of Disapproval from the Building Department, a letter from Gary Flanner Olsen dated July 23, 1991, a copy of the Survey Map, a copy of the Site Plan, a Percentage of Lot Coverage -McKeon Residence, the Short Environ- mental Assessment Form, the Zoning Board of Appeals' Questionnaire and a letter from John Bredemeyer III dated July 12, 1991 . Judith T. Terry Town Clerk GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 July 23, 1991 Re: McKeon - Town of Southold Variance Our File # 5292 Dear Linda: Enclosed herewith please find an Application for a Variance Ion with all supporting documents and my attorney' s check in the s of 300.00. Very truly y urs, GARY FLANNER OLSEN GFO: Imk Enclosure Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 14.164(2/871—Text 12 PROJECT I.O.NUMBER 617.21 L SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM \ For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1, APPLICANT/SPONSOR r2_ PROJECT Gar Flanner Olsen Attorneyfor McKeon VarianceNAMElication for. McKeon 3. PROJECT LOCATION: Municipality Haywaters Road Extension, Fishermans iXUBeach,. Nassau PointolCutcchoty ue, NY 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) South side Haywaters Road Extension, Fishermans Beach, Cutchogue, NY 5. IS PROPOSED ACTION: ®New ❑Exoanslon ❑Modification/alteratlon 6.-DESCRIBE PROJECT BRIEFLY: Addition to existing home 7. AMOUNT OF LAND AFFECTED: Initially 65X200 d rox acres Ultimately Sf3mP acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ®Yes ❑No If No,describe briefly area coverage variance needed 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? -Residential ❑Industrial .0 Commercial Agriculture❑ Describe: 9 ❑Park/Forest/Open space ❑Other N ON INVOLVE A PERMIT APPROVAL.OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, LOCAy7 ❑No If yes,list agency(s)and permit/approvalsthold Town Trustees, NYS DEC 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yea,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ®No 1 CERTIFY THAT E INF RMgT10N PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: T omas M eon and Mariann T. McKeon by Gary Fl anner Olsen, Es . Date: .z Signature: If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be a:ade L this board before any action is taken. y SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed , that the prenarer 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 X NO ' 2. Will there be a major change to any unique or unusual land form on the site? Yes X 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 XNo 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 XNo 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 XNo 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 XNo 10. Will project have a major effect on existing or ,• future recreational opportunities? _Yes XNo 11. Will project result in major traffic problems or cause a major effect to existing transportation . - .systems? ' Yes XNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes XNo 13. Will project have any impact on public health or safety? __Yes XNo 14. Will project affect the existing community by directly causing a growth in of more th43PX-crn permanent yearPopula- tiont over a one-year yes period or hative effect on the XNo character o or neighborhood? 15. Is there pub coproject? erasing the X Yes ,yo Preparer's Signature: Representing: Thomas McK T. ZSA y�75 McKeon pate: Z TRUSTEES ,`yam Gy John M.Bredemeyer,III,President o= SUPERVISOR Henry P. Smith,Vice President COD �? SCOTT L. HARRIS Albert J.Krupski,Jr. G • John L.Bednoski,Jr. y'j! �� �l � �a Town Hall John B.Tuthill 53095 Main Road P.O.Box 1179 Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD July 12, 1991 John Smits, 399 Conklin Street Suite 300 Farmingdale, NY 11735 RE: Waiver-Thomas McKeon SCTM#1000-111-1-36 Dear Mr. Smits: The following action was taken by the Board of Town Trustees during its regular meeting held on July 11, 1991 : RESOLVED that the Town Trustees APPROVE the request for a waiver for the following: To construct addition to existing house as per survey dated June 24, 91. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Very truly yours, John M. Bredemeyer, III President, Board of Town Trustees JMB:jt cc: Bldg. Dept. File 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. ) Thomas McKeon & Mariann T. McKeon 17 Massachusetts Blvd. Bellrose Village, NY 11701 B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X } 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? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? See attached letter from the Southold Town Trustees waving 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/A (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? No 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? No If yes, please explain where or submit copies of deeds. . . I. Please list present use or operations conducted at this parcel single fami residence and. 7proposed use si a family residence Gary Flann 01 n Esq. Attorney for Thomas M on n aria McKeon Z AutnorizedroSignature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by L.L. No.2-1976; 3-26- 85 by L.L.No.6-1985]: Ar L� J 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-a5 R-80 f o �• ' p M►itkhOm y Fln �+°oow I `^ crook x° � _ _ _ • LA �, ° or. shRivc ' r � a LANE ? t , C K' O GO 1(6 l 0 40 .a W. w� • i 319 f, Z 7- __.- G ,• y ,,, 3 'M _ „� _ • ,•]•. 4 I.)•I<I� , \ 3Ef ]fC w01>) .lo 7 A c> ' __.— lt� � 2 „ .���� e,r LI 10 " •I.p •,mow 4 ,•y, °\ � n5 . 1.4AI.1 A[. -- —_---- .,.�. � �°e =----' •e•i<�Y. `t:.L Am '••L w.n ,L, lJ w tl s I � �za ° 13 f. _ 1�tEf .a•t• Lt �x°un z.z t + °°r,\ 4 3 17 lAl A .A .... '0 211 3C 2.;12 2 to 10, .4 111 CAW WrrA FOR PARCEL NO IS POD �,0O � T wi F 30ARD OF APPEALS TOWN O:F,SOUTHOI_D In the Matter or the Petition of NOTICE Thomas McKeon & Mariann T. McKeon TO to the Board of Appeals of the Town of Southold ADJACEiIT PROPERTY OWNER TO: Mr. and Mrs. Kenneth Brower Anna Cummings YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition The Board of Appeals of ttte Town of Southold (yam ixt�c�'Jt�lk (Other) [circle choice) a to request a (Variance) �d�XXKO�tD�) (5�xx liot area .coverage variance -2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed asfollows: lot #7 map of Peconic Bay Properties filed April 15, 1931 Map .#786. 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 , 4 That by such Petition, the undersigned will request the following relief: lot area coverage variance needed to construct adlition . rp- 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are article XXIV Secr4c1 100-244B [ ] Section 280-A, ;Jew York Town Law for approval o-f 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 plain Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on atter by the Board of Appeals; that a notice of such hearing-must be published at least five days.pri to a date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, wspap s published in the Town of Southold and designated for the publication of such notices; that you or our rep esentative have the right to appear and be heard at such hearing. Gary F 1 anner 0 ney f o Thomas and Dated: 1991 Mariann- T. Mc Petitioner Owners Names : Thomas McKeon & Mariann T. cKeon Post Office Address c/o Gary F 1 anner Olsen, q. P. 0. Box 706 Ciitrhnaue, NY 1193r, Te 1 . No - ( 516 ) 734-7666 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAII-INC, OF NOTICE AT-rA- CFi C_ZRTIFT_'D MAIL RECEIPT1 NAM ADDRESS Mr. and Mrs. Kenneth Brower 12, Mountain View Drive, Northport, NY 11768 Anna Cummings 35-57 72nd Street, Jackson Heights, NY_ 11732 P S. STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) Lorraine Kl'opfer residing at Herricks Lane, Jamesoort NY 1947 being duly sworn, deposes and says that on the _ day of July 119 91 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 CUtChoqu ;that-said Notices were mailed to each of said persons'by (certified) (registered) mail. $worn to before is day of Jul 1199 tary Public GARY FLANKER OLSEN Notary Public,State of Kew York No.52-2959600 Qualified in Suffolk county Commission Expires March 30,19 (This side does not have to be completed on form transmitted to adjoining property owners . ) R . _ I t s 1 , 1 ion. -\%AAk VO �r .. -' w.. 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