HomeMy WebLinkAbout3978
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SCOTT L. HARRIS
APPEALS BOARD MEMBERS �`�
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. Town Hall, 53095 Main Road-
Serge
Doyen, Jr.
Y P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971 .
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
Appl. No. 3978
ACTION OF THE BOARD OF APPEALS
Upon Application of DONALD AND DOROTHY SWAHN. Variance to
the Zoning Ordinance, Article IIIA, Sections 100-30A.3 and
Section 100-32 for approval of insufficient lot area and width
(frontage) of two proposed parcels, each with an existing
dwelling, in this pending division of land. Zone District:
R-40. Location of property: South Side of Park Avenue,
Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8.
WHEREAS, a public hearing was held on November 1, 1990, and
all those who desired to be heard were heard and their testimony
recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
'familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:.
1. The premises in question is located in the "Low-Density
Residential R-40" Zone District and is referred to as District
t
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Page 2 - Appl. No. 3978
Matter of DONALD SWAHN
Decision Rendered November 15, 1990
1000, Section 123, Block 08, Lot 008 on the Suffolk County
Tax Maps, with frontage along the southerly side of Park Avenue,
Mattituck and frontage along Great Peconic Bay.
2. The subject premises as exists:
(a) contains a total combined lot area of 1.25+-
acres;
(b) was conveyed separately by deed at Liber 2760
page 475 and by deed at Liber 4521 page 343.
3 . Article III, Section 100-32, and Article IIIA, Section
100-30A.3 of the current zoning code (as amended January 9,
1989) requires a minimum lot area per lot of 40,000 square feet
in this R-40 Zone District.
4. The relief sought by this application is a variance for
approval of:
(a) proposed northerly lot referred to herein as Lot
41 with an approximate total lot area of 20,000 sq. ft. , and lot
width of 100.22 feet along Park Avenue; inclusive of the
right-of-way/driveway area to the southerly dwelling structure,
(b) proposed southerly lot referred to herein as Lot
42 with an approximate total lot area 39,000 sq. ft. , inclusive
of land under the highwater mark, and lot width at the building
line of 100 feet.
5. For the record, it is noted that the immediate area of
the subject premises does not lend to the grant of further
variances. Under this application, the premises is improved
__with two dwelling structures which preexisted the zoning
ordinance, which is in the Board' s position sufficient for the
grant of the lot lines. There will be no increase in density
for the creation of the second lot since there is one dwelling
existing for each.
6. In considering this application, the Board also finds
and determines: (a) the relief as granted is substantial in
relation to the requirements; (b) the evidence submitted and
practical difficulties claimed are sufficient to warrant a
Page 3 - APPl. No. 3978 --- - - - - ---- —_
Matter of DONALD SWAHN --
Decision Rendered November 15, 1990
grant of this variance; (c) there will be no substantial
change in the character of the neighborhood, and a precedent
would not be set since adjoining properties have not been held
in single and separate ownership at any time since the enactment
Of zoning in 1957 {except as an entire tract of more than
43,560+- square feet) ; (d) the difficulties cannot be
obviated by some method feasible to the appellant
other than a variance; ( e) that in view of the mannerPursue
which the difficulties arose, and in considering all the above
factors, the interests of
variance, as conditionallyjnotede will below,be served by granting the
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief as requested (and noted in
paragraph #4, supra) , in the Matter of the Application of DONALD
SWAHN under Appl. No. 3978, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That there be no further subdivision, set-off or
conveyance of land other than that as applied fora
2. That a minimum of -22,000 square feet be applied to the
northerly improved lot (inclusive of right-of-way ten feet in
width) and the remaining lot area be applied to the southerly
improved lot.
3. That a survey, prepared by a licensed surveyor,
certifying the above dimensions and general layout be submitted
and accepted by the Board of Appeals.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio. (Absent were Member Grigonis (out-of-state) and Member
Sawicki. ) This resolution was duly adopted.
lk
GE P. GOEHRI GER, IRMANECEIVED AND FILED E
THE SOUTHOLD TOj',-_!
DATE I��o/`� G HOU `J���/g•�1;
- I
Town Clerk, Town of Scu+l_cld
Vol
APPEALS BOARD MEMBERS �' y'� 'k SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
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 hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, NOVEMBER 1, 1990, at the following times:
7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to
the Zoning Ordinance, Article III, Section 100-32 for permission
to construct two-foot extention of garage attached to dwelling
with an insufficient front yard setback. Zone District:
R-40. Location of Property: 370 Uhl Lane, Orient, NY;
Orient-By-The-Sea Subdivision Lot No. 167, Section Three,
Map 6160; 1000-15-5-24.13.
7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE
BRUDERMANN JR. , Owner) . Variance to the Zoning Ordinance,
Article IIIA, Section 100-30a. 3 for approval of re-separation
into two separate parcels as shown by separate deed conveyances,
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1, 1990
each lot having insufficient area and proposed construction to
meet setback requirements for this R-40 Zone District. Location
of Property: North Side of Bayview Road and the West Side of
Reydon Drive, Southold, NY; County Tax Map Parcel Nos.
1000-79-5-10 and 11.
7:40' p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B for
approval of deck addition to dwelling with an insufficient
sideyard setback and reduced front yard setback. Lot area is
nonconforming is this R-40 Zone District. Location of.
Property: 1455 Cedar Beach Road East, Southold, NY; County Tax
Map Parcel No. 1000-92-1-4.
7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN.
Variances to the Zoning Ordinance, Article III, Section 100-32
and Article XXIII, Section 100-239 for approval of insufficient
lot area and width (frontage) of two proposed parcels, each with
an existing dwelling, in this pending division of land. Zone
District: R-40. Location of Property: South Side of Park
Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1, 1990
7:50 p.m. Appl. No. 3971 - VALERIE M. KRAMER. Variance to
the Zoning Ordinance, Article XXIII, Section 239. 4B and Article
XXVIII, Section 281, for permission to construct new dwelling
structure with an insufficient setback from existing bulkhead
and from the easterly (front) property 'line along Manhanset
Avenue. Lot area of parcel is nonconforming in this R-40 Zone
District. Location of Property: 730 Robinson Road and 980
Manhanset Avenue, Greenport, NY; County Tax Map Parcel No.
1000-34-5-20.
7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE.
Special Exception to the Zoning Ordinance, Article III, Section
100-31(9) (E) for permission to construct off-premises ground
sign to advertise for business purposes. Location of Property
for Sign: Southeast corner of Shipyard Lane and the Main Road,
East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2.
8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance
to the Zoning Ordinance, Article VII, Section 100-72 for
approval of proposed Lot #4 which will have insufficient area in
this Residential-Office (RO) Zone District. Location of
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1, 1990
property: North Side of the Main Road (265+- feet west of
Alvah's Lane) , Cutchogue, NY; County Tax Map Parcel No.
1000-109-1-23
8:05 p.m. Appl. No. 3977 - BETTY J. COPIN. Variance to
the Zoning Ordinance, Article III, Section 100-33B(4) for
permission to locate accessory (garage) building partly in the
side yard and rear yard with a setback at less than the required
20 feet from the southerly property line. The lot area of this
parcel is 'nonconforming at 40,000 sq. ft. in this R-80 Zone
District. Location of Property: 2195 Albertson Lane,
Arshamomaque, Greenport, NY; County Tax Map Parcel No.
1000-52-5-54.
8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to
the Zoning Ordinance, Article III, Section 100-33 for approval
of location of two accessory (storage) buildings in the front
yard, as exist. The lot area of this parcel is nonconforming in
this R-80 Zone District. Location of Property: 18 Crescent
Drive, Mattituck, NY; County Tax Map Parcel No.
1000-121-4-23.
8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A.3 , and
Article XXIII, Section 100-239. 4A for permission to locate
Page 5 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1, 1990
proposed dwelling structure with a setback of less than 100 feet
from the top of the highest point (top of bluff) on this 42,930
sq. ft. parcel. The parcel in question is nonconforming as to
lot width (frontage) of less than the required 150 feet in this
R-40 Zone- District. Location of Property: Lake View Avenue
(127+- feet southwest of Huntington Boulevard, a private road) ,
Southold, NY; County Tax Map Parcel No. 1000-68-3-10.
8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON.
Interpretation and Variance to the Zoning Ordinance, Article
III, Section 100-30 (as disapproved by the Building Inspector)
for approval of mariculture uses to include delivery and storing
of seafood, packaging, freezing and/or preparation of raw or
cooked seafood (processing) for shipping and/or sales for
off-premises consumption. Zone District: Agricultural-
Conservation (AC) . Location of Property: 1575 Lower Road,
Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2.
8: 45 p.m. Appl. No. 3788 - SUN REFINING & .MARKETING..
Variances to the Zoning Ordinance, Article X, Sections 100-102:
(1) for permission to establish convenience store use in
conjunction with and accessory to the existing gasoline station
use on this substandard parcel which contains less than 30,000
sq. ft. in lot area for each use, and (2) for interpretation as
to height limitation of accessory (canopy) structure. Location
Page 6 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of November 1, 1990
of Property: Corner of the Easterly Side of Factory Avenue and
Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27.
Matters Recessed from September 26, 1990:
9:00 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A.
AURICCHIO.
9:10 p.m. Appl. No. 3938 - VILLAGE MARINE.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters.. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before the time allotted. Additional time for
your presentation will be available, if needed. For more
information, please call 765-1809.
Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
---------------------------------------------------------------x
Copies to the following on or about October 19, 1990:
Suffolk Times, Inc.
L.I. Traveler-Watchman
Town Clerk Bulletin Board (Main Lobby)
ZBA Board Members (with file copies)
ZBA Individual Files
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
-� 1 Date . . °f-F-�..�„�-s. . .l. . . . ., 19 .9 .Q.
To I,�c?nau , . . ,c.J-
... . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated fs .`- . . , ,l, 19
for permit to a _ . . v. . . . . . . . at
Location of Property a.� . . . Q,c� , , , , , , .
House lVo. Street . . . . Hamlet
County Tax Map No. 1000 Section . . . l off. . . . . Block . . . . .g . . . . . . Lot . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds . i L -. *;L-a-zi k�. .+. . . . .
.�. . . . . . . . . . . . . . . . . 14
Q. . . . . . . •
1� •. . Qs .... .. . . . . . . . . . . . ... . . . . . ? . . . . . .
. . . . . . . . . . .
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. . . . . . . . . . . . . . . . 4 . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bui� ding Inspector
RV 1/80
TOWN OF SOUTH OLD, KWeYffy E 1)
Q
.APPEAL FROM, DECISION OF BUILDING INSPECTORSeP �� ��' APPEAL.NO.
GG DATE ....5..!... ..
TO THE ZqWNG BOARD O AP LS, T WN OF Stela?�'r0rt1W*
��- ... 1. . 2. ....
1, (We) .. .. .... ...... o .. .............................
Name of Appellant Street and Number
Municipality
....................................... ........HEREBY APPEAL TO
Stat
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO.60. Al.�................... DATED ......................................................
WHEREBY THE BUILDING PPECTOR DENIEWTIO
...... . .. ... .. e
U Name of Applicant for permit
of ... ........... ............... ...... .................
... .. . .... ... .. .. .
Street and Number Municipality State
( ) PERMIT TO USE
(. ) PERMIT FOR.-OCCUPANCY
1. LOCATION OF THE PROPERTY ................... ............................................................9 P
Street /Hamlet
/ Use District on Zonin Ma
District 1000 Section/Z3 Bl o c k Lot Current Owner�onrq-�r� L�w✓31-f �,
.....................................................................
Mop No. Lot No. Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article - - Secti on /c— —
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
� ) Art. 1 Sec. 280A Subsection 3
c �
4. PREVIOUS APPEAL A previous appeal (has)6s 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 QZoning Ordinance
is requested for the reason that
q
Form zsi (Continue on other side)
r
REASON FOR APPEAL Continued
1, STRICT APPLICATION OF THE1�,QRDINANCE would produce practical difficulties or unneces-
sary HARDSHIP.because
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
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF. THE DISTRICT because
/4�
STATE OF NEW YORK )
ss . ... ....... ..........z.....................
COUNTY OFS4(orlO K ) Signature
r.
Swornto this .............................................. day of........... .................... 19
\ rn/ AyA
............... .......Y..........�u ....................
Notary Public
JOYCE M.WILKINS
Notary Public,State of New York
No.4952246,Suffolk County
Term Expires June 12,19
J,
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TOWN OF SOUTH- OLD PROPERTY RECORD CARD
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FORMER OWNER N y r, E ACREAGE1
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S W TYPE OF BUILDING
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COUNTY OF SU OLK
NOV 1 2 1991 j' E?!
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING ARTHUR H. KUNZ
DIRECTOR OF PLANNING
November 7, 1991
Mr. Bennett Orlowski, Jr., 'Chairman
Town of Southold Planning Board
Main Road
Southold, New York 11971
Re: Minor Subdivision - Donald & Dorothy Swahn
Southerly side of Park Avenue, 896 feet east of
Marratooka Road, Mattituck, Southold, New York
Dear Mr. Orlowski:
The Suffolk County Planning Commission at its regular meeting on
November 6, 1991, reviewed the proposed subdivision plat, entitled, "Minor y
Subdivision - Donald & Dorothy Swahn" referred to it pursuant to Section A14-24, j
Article XIV of the Suffolk County Administrative Code.
The attached Resolution signifies action taken by the Commission relative
to this application.
Very truly yours,
Arthur H. Kunz
Director of Planning
by i
F nk Dowli g, Sr. Planner
Subdivisiqy Review Division
File: S-SD-91-11
FD:mb
Attachment
cc: J. Baier; C.E., SCDHS
VETERANS MEMORIAL HIGHWAY
NGV 1 2 1991
HAUPPAUGE. L.I.. NEW YORK 11788
(S 16)360-5192
SOUMCIO TOWN
FLAP.�1?�G "L)AU '
File No. S-SD-91-11
Resolution No. ZSR-91-167 of Suffolk County Planning Commission
Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code
WHEREAS, pursuant to Sections A14-24, Article XIV of the Suffolk County
Administrative Code, a referral was received by the Suffolk County
Planning Commission on October 3, 1991, with respect to a proposed
plat entitled, "Minor Subdivision - Donald & Dorothy Swahn" submitted
by the Town of Southold Planning Board affecting premises located on
the southerly side of Park Avenue, 896 feet east of Marratooka Road,
Mattituck in the Town of Southold, and
WHEREAS, said referral was considered by the Suffolk County Planning
Commission at its meeting on November 6, 1991 and
WHEREAS, the Commission has voted to disapprove said referral, Be It Therefore
RESOLVED, That the Suffolk County Planning Commission hereby approves and
adopts the report of its staff as the report of the Commission, Be It
Further
RESOLVED, That said proposed plat is disapproved for the following reasons:
1. Creation of a subdivision with substandard lots, that is, lots
whose areas are less than the minimum required by the zoning
classification of the property, constitutes an
overintensification of land use. Such action could establish a
precedent for future subdivision of this kind which would
essentially be a circumvention of the Town Board's action taken
over the past years to upzone these areas.
2. The proposed subdivision will result in the creation of a
landlocked parcel; that is, a parcel that does not have frontage
on an existing or proposed public road. The creation of such a
lot is contrary to good subdivision layout principles and creates
problems as far as access by emergency and service equipment is
concerned. This lack of access could result in health, safety
and welfare problems for the future residents of the landlocked
lot, not to mention potential disputes over the use and
maintenance of any right-of-way over an adjacent parcel that may
be created for the purpose of access.
Motion by: Commissioner Shepard Seconded by: Commissioner Lee
Commission Vote: 11 Present - Yeas 11
Nays 0
Abstentions 0
Dated November 6, 1991
Hauppauge, New York
Suffolk County Planning Commission
COUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING ARTHUR H. KUNZ
DIRECTOR OF PLANNING
360-5206
December 12, 1990
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.
i
A plicant(s) Municipal File Number(s)
Donald and Dorothy Swahn 3978
Thomas J. Gorman 3979
Very truly yours,
Arthur H. Kunz
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY -
HAUPPAUGE, L.I., NEW YORK 11788 .
(516)360-51 92 -
APPEALS.BOARD MEMBERS v :, ►_ SCOT 'L":HARRIS
Supervisor
Gerard P. Goehringer, Chairman Charles �-
Grigonis, Jr.J;. Town Hall, 53095 Main Road.
Serge Doyen, Jr.' . P.O. Box 1179
Joseph H.-Sawicki
lames Dinizio, Jr. . BOARD OF APPEALS Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 7654809 TOWN OF SOUTHOLD Telephone (516) 765-1800
Pursuant 'to Article XIII of the Suffolk County Charter , the '
^Board of Appeals of the Town of Southold , New York, hereby refers
the following to the Suffolk County Pl-anning Commission :
X Variance from the Zoning Code , ArticleIII , Section '100-3'2
XXIII 100-239
Variance from Determination of Southold Town Building Inspector,
Special Exception , Article Section
Special Permit
Appeal No. : 3978 Applicant: DONALD & DOROTHY SWAHN
Location of Affected Land: South Side Prk Ave . , Mattituck , NY
County Tax Map Item '-No . : 100.0- 123-8-8
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'' Federal,l,y 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' subdivide two lots
insufficient lot and width area , each with dwelling .
Copies of Town file and related documents. enclosed for .y our, review.
Dated : _12/11 /90
r .
APPEALS BOARD MEMBERSe. SCOTT L. HARRIS
Supervisor
Gerard P. Goehrin er, Chairman Ac��
Charles Grigonis, Jr. "':�°� " ��
Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O.'Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS . Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
December 6, 1990
Mr. and Mrs. Donald Swahn
P.O. Box 283
2100 Park Avenue
Mattituck, NY 11952
Re: Appl. No. 3978- Variance
Dear Mr. and Mrs. Swahn:
Transmitted for your records is a copy of the determination
rendered by the Board of Appeals at our November 15, 1990
Regular Meeting .concerning the above application.
Please' be sure to return to the Planning Board Office and
any other agency which may have jurisdiction for appropriate
approvals. A copy of this decision has simultaneously been
transmitted to the Planning Board Office for its file and update.
Yours very. truly,
GERARD P. GOEHRINGER
CHAIRMAN
Linda Kowalski
Copy of Decision to:
Mr. Bennett Orlowski, Jr. , Chairman
Southold Town Planning Board
Suffolk County Department of Planning
Page 3 - Appl. No. 3978
Matter of DONALD SWAHN
Decision Rendered November 15, 1990
grant of this variance; (c) there will be no substantial
change in the character of the neighborhood, and a precedent
would not be set since adjoining properties have not been held
in single and separate ownership at any time since the enactment
of zoning in 1957 {except as an entire tract of more than
43,560+- square feet) ; (d) the difficulties cannot be
obviated by some method feasible to the appellant to pursue,
other than a variance; ( e) that 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 conditionally noted below.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief as requested (and noted in
paragraph #4, supra) , in the Matter of the Application of DONALD
SWAHN ,under Appl. No. 3978, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That there be no further subdivision, set-off or
conveyance of land other than that as applied for.
2. That a minimum of 22,000 square feet be applied to the
northerly improved lot (inclusive of right-of-way ten feet in
width) and the remaining lot area be applied to the southerly
improved lot.
3. That a survey, prepared by a licensed surveyor,
certifying the above dimensions and general layout be submitted
and accepted by the Board of Appeals.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen and
Dinizio: (Absent were Member Grigonis (out-of-state) and Member
Sawicki. ) This resolution was duly adopted.
lk
�GE�RARD�P_., GOEHRI GER, C
IRMAN
S ,
a y FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall `
Southold, N.Y.
PRE EXISTING
CERTIFICATE OF OCCUPANCY
No Z-19095 Date JUNE 1, 1990
THIS CERTIFIES that the building 2 ONE FAMILY DWELLINGS
Location of Property 2100 PARK AVE. MATTITUCK, N.Y.
House No. Street Hamlet
County Tax Map No. 1000 Section 123 Block 8 Lot 8
Subdivision Filed Map No. Lot No.
conforms substantially to the requirements for private one family dwelling
built prior to: APRIL 9, 1957 pursuant to which
CERTIFICATE OF OCC. Z-19095 dated JUNE 1, 1990
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is 2 ONE FAMILY DWELLINGS *
The certificate is issued to DONALD E. & DOROTHY L. SWAHN
(owners)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NO RECORD PRE EXISTING
UNDERWRITERS CERTIFICATE NO. NO RECORD PRE EXISTING
PLUMBERS CERTIFICATION DATED NO RECORD PRE EXISTING
*PLEASE SEE ATTACHED INSPECTION REPORTS.
/Buifding Inspector
LS � � � V l5 =
Rev. 1/81 D
OCT 1 519M
zap
BUILDI',•;G DEPART:•LNT
T0:•!11 OF SOUTHOLD, N. Y.
HOUSI4IG CODE INSPECTION REPORT
Location 2100 PARK AVE. HATTITUCK, N.Y.
knumoer do street) Municipaiity)
Subdivision Map No . Lot(s)
Name of owner(s) DONALD & DOROTHY SWAHN
Occupancy
(type) owner-zenanz)
Admitted by: DOROTHY SWAHN Accompanied by: SAME
Key available Suffolk Co. Tax No. 123-8-8
Source of request DONALD SWAHN Date 8./30/89
D?-TELLING
Type of construction WOOD FRAME rrstories ONE
Foundation CEMENT BLOCK Cellar 3/4 Crawl space 1/
Total rooms, lst. Fl 5 2nd. F1 - - 3rd. Fl -
Bathroom(s) ONE FULL Toilet room(s)
Porch, type Deck, type Patio, type
Breezeway Garage Utility room
Type Heat OIL 'alarm Air Hotwater %X
Fireplace(s) ONE No. E:tits 3 Airconditioni ng
Domestic hotwater OFF BOILER Type heater
Other
. ACCESSORY STRUCTURE'S:
Garage, type const. Storage, type const.
SwimminCD pool Guest, type const.
Other
VIOLATIONS:- CHAPTER 45—N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE -
Lncation Descrintion 1 Art. 1 Sec. .
� I
_ I
Remar_-cs• B.P. #I 891-Z CO Z-19096 (EXISTING ACCY SHED)
Inspected by: `L Date of Insp. 9/5/89 <.
GAR ISH Time start 10:20 end 10:45
BUILDI:•;G DEPARTNEDIT
TO',-IN OF SOUTHOLD, N. Y.
HOUSIidG CODE INSPECTION REPORT
Location 2100 PARK AVE. MATTITUCK, N.Y.
(numoer do street) Iqunicipaiity)
Subdivision clap No . Lot(s)
Name of Owner(s) DONALD & DOROTHY SWAHN
Occupancy OWNER
(type) (owner-tenant
Admitted by: DEBORA •GINAS Accompanied by; SAME
Key available Suffolk Co. Tax No. 123-8-8
Source of request DONALD SWAHN Date 8/30/.89
DWELLING
Type of construction WOOD FRAME #rstories ONE
Foundation CONCRETE Cellar 1/5 Crawl space 4/7—
Total rooms, 1st. F1 4 2nd. F1 - - 3rd. F1 -
Bathroom(s) ONE Toilet room(s) NONE
Porch, type SCREENED IN Deck, type _ _ Patio, typeKEAR
Breeze:-'ay Garage Utility room
Type Heat PROPANE. 'rearm Air FLOOR UNIT Hotwater
Fireplace(s) ONE IN No. Exits 2 Airconditioni ng
Domestic hotwater ELECTRIC Type heater
Other
ACCESSORY STRUCTURES:
Garage, type const. Storage, type const.
Swimming pool Guest, type const.
Other
VIOLATIONS: CHAPTER. 45—N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE -
Lncation Descrintion Art. Sec.
I
Remarks:
Inspected by: Date of Insp. SEPT. 5, 1989
GARY J FISH • Time start 10:00 end 10: 15
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z-19096 Date JUNE 1, 1990
THIS CERTIFIES that the building ACCESSORY
Location of Property, 2100 PARK AVENUE MATTITUCK,' N.Y':
House No. Street Hamlet
County Tax Map No. 1000 Section 123 Block 08 Lot 08
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated MARCH 16, 1990 pursuant to which
Building Permit No. 18891-Z dated MARCH 19, 1990
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is EXISTING ACCESSORY METAL BUILDING AS APPLIED FOR.
The certificate is issued to DONALD E. & DOROTHY L. SWAHN
(owners)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
Building Inspector
Rev. 1/81
1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ' j
COUNTY OF SUFFOLK : 'STATE OF NEW YORK � � �� Y
3 ------------------------------------X5�7� .
TOWN OF SOUTHOLD I 5
a D
ZONING BOARD OF APPEALS HEARING !!
5 �' �NOV 41990
------------------------------------X
6
Town Hall
7 53095 Main Road
P.O. Box 1179
s Southold, New York 11971
9 November 1, 1990
7:30 P.M.
10
11
B E F O R E
12
GERARD P. GOEHRINGER,
13
Chairman.
14
15 BOARD MEMBERS:
k; 16 CHARLES -GRIGONIS, ,JR.
17 SERGE DOYEN, JR.
18 JOSEPH H. SAWICKI - Absent.
19 JAMES DINIZIO, JR. .
20
21 ALSO PRESENT: LINDA KOWALSKI , Board Secretar f
Y .
22
23.
24
25
f
10
2 record, the pictures that were presented are
3 pictures indicating the deck and in its
4 present status which has a sun visor type of
5 roof over it with columns for the purpose, I
6 assume, of sun protection.
7 Is there anybody else that would like
8 to speak in favor of this application?
9 Anybody that would like to speak against the
10 application? Any questions from Board
11 members?
12 Hearing no further questions, I make
13 a motion closing the hearing and reserving
14 decision until later.
15 MR. DINIZIO: Second.
16 THE CHAIRMAN: All in favor?
17 MR'. D I N I Z I O: Aye.
18 MR. DOYEN: Aye.
19 MR. GRIGONIS: Aye.
20 THE CHAIRMAN: Thank you very much
21 for coming in, ladies. We hope to have. a
22 decision for you in the near future.
23 (Time noted: 7 : 44 p..m. )
24 THE CHAIRMAN: The next appeal is in
Cl
25 behalf of Donald Swahn, Appeal Number 3978.
i
� 2 The legal notice reads as follows:
3 (Legal notice read off record. )
4 THE CHAIRMAN: I have a copy of a
5 survey, dated February 19, 1968, by Van Tuyl
6 and Sons, indicating the nature of this
7 application, the Park Avenue side house --
8 approximately 100 by 200 in size, with a
9 one-story frame house on it, almost centered
10 on the property -- - 105 feet from Park
11 Avenue; and a one-story frame home almost in
12 the center or skewed a little bit more to
13 the west side on Peconic Bay, in the nature
14 of an easement-type of right-of-way through
15 the first parcel , assuming the Board is
16 going along with this particular decision or
17 application, of approximately 1.39 acres.
18 That would be approximately 100 by 40.0, that
19 parcel -- 100 by 475 -- and I have a copy of
20 the Suffolk County Tax Map indicating this
21 and surrounding properties in' the area.
22 Is there anybody that would .like .to
.23 be heard in behalf of this application?
24 MR. PARKEN: Jay Stanley Parken.
25 All. I know is that Donald and Dorothy wish
1 12
2 to subdivide, split this particular property
3 off. The northern end of the property he
4 built for his father and mother many years
5 ago, back in the forties, and while I do not
6 know whether he contemplates sale, there*
7 would be some time in the future when he may
8 want to move out of -- he just wants to --
s the property lots as you know very well are
10 very, very, very long. They are about' 825
11 feet, and he shares a 130 foot lot with Vern
12 Drew (phonetic spelling) , .who lives next-
13 door about --
14 THE CHAIRMAN: Do you think it would
15 be beneficial to have him come to the
16 hearing? We can recess the hearing, if you
17 want to, until they come back.
18 MR. PARKEN: I- don't know,, Jim. If
19 there is anything more to add to this, it
20 seems to be something in order. There are
21 -- as you are probably very familiar --
22 along Park Avenue -- this kind of situation
.23 where people have built smaller cottages on
24 %Park Avenue. They have two pieces on Eli
25 then two parcels . on the one property.
l
13
2 THE CHAIRMAN: Are there existing
3 CO's on both houses?
4 MR. PARKEN: I understand there are.
5 THE CHAIRMAN: How old would you say
6 the houses are?
/ 7 MR. PARKEN: I think he acquired this
8 one -- acquired the piece of property
9 somewhere around 1948 let's say. His
10 parents lived in Jersey at the. time. They
11 were quite aged. He brought them in to
12 Mattituck and built the little cottage for
13 them, as did his neighbor next-door for the
14 same reason. So that house, let's say, was
15 built .in the 1950's. His parents died --
16 passed away in the sixties, and he has been
17 renting that cottage ever. since that point
18 in" time. That's all I can give you, Gerry.
19 Gerry, I don't whether he could add
20 much. more. I rather doubt it.
21 THE- CHAIRMAN: We want to thank you
22 very- much.
23 MR. PARKEN: Thank you. .
24 .THE CHAIRMAN: Anybody else that
Cl
25 would like to speak in favor of this
1 14
2 application? Anybody that would like to
3 speak against the application?
4 Seeing no hands, I make a motion
5 closing the hearing and reserving decision
6 until later.
7 MR. DINIZIO: Second.
8 THE CHAIRMAN: All in favor?
9 MR. GRIGONIS:
10 MR. DOYEN: Aye.
11 MR. DINIZIO: Aye.
12 (Time noted: 7:50 p.m.. )
13 THE CHAIRMAN: The next appeal is in
14 behalf of Valerie M. Kramer, Appeal Number
15 3971. The legal notice reads as follows:
16 (Legal notice read off record. )
17 THE CHAIRMAN: I have a copy of the
18 survey, most recent date September 5, 1989.
19 It appears it is a Van Tuyl survey
20 indicating a parcel of approximately 110
21 feet on Manhanset Avenue and quite irregular
22 in reference to size, with approximately 30
23 feet on Robinson Road and approximately 50
24 feet on the diagonal of Sterling Creek. I
25. have a copy of the Suffolk County Tax Map
1 145A
�3. 2
3
4 C E R T I F I C A T I O N
5
6
7 I, GAIL ROSCHEN, do hereby certify that
8 I am an Official Court Reporter and that the
9 foregoing constitutes a true . and correct
10 transcript of the Town of Southold Zoning
11 Board of Appeals hearing of November 1, 1990,
12 according to my stenographic/notes.
13
GAIL ROSCHEN
14 Official Court Reporter
15
16
17
18
19
20
21
22
.23
r
24
25
of Property: South Side of Park =-_(frontage)of less than the required
Avenue,Mattitock,.NY County Tax 150 feet in this R-40 Zone District
1 Map Parcel No.1000-123-8-8. Location of Property: Lake View
-:7:50 p.m. Appl.No. 3971 Avenue(127t feet southwest of STATE OF NEW YORK)
VALERIE M.KRAMER.Variance Huntington Boulevard,a private
to the Zoning Ordinance,Article road),Southold,NY County Tax )SS:
XXIII,Section 239.4B and Article Map Parcel No.IW"8=3-10. COUNTY OF SUFFOLK)
XXVIII,Section 281,for petmis `: . 8:35 p.m. Apo.3975
Sion to construct new dwelling _';:`:':`ARTHUR G. CARLSON.
structure:with an it;suF€ieiEAt set- Interpretation and Variance to the. . Christina V o l i n S k 1
back from existing bulkhead and Zoning Ordinance,Article III,Sec-
from the easterly(front)property " 'tion 100-30(as disapproved by the said County,being duly sworn,say:
line along Manhanset Avenue.Lot Building Inspector)for approval of Clerk Of THE SUFFOLK TIMES,
area of parcel is nonconforming in mariwhme ores to include delivery
this R-40 Zone District.Location of and storing of seafood,packaging,. published at Mattituck, In the Towi
Property:730 Robinson Road and `,.: -w:freezing and/or preparation of raw Suffolk and State Of New York, and
980 Manhanset Avenue,Greenport, `X or cooked seafood(processing)for
NOTICE OFHEARINGS - NY;County Tax Map Parecl No shipping and/or sales for off= the annexed is a printed copy,has bt
NOTICE IS HEREBY GIVEN 1000-34-5-20.. = ` premises consumption.Zone Dis- said Newspaper once each we
pursuant to Section 267.of the Town 7:SS p.m. Appl.No. 3976- trice:.Agricultural-Conservation:.
Law and the Code of the Town of .THOMAS AND MARIAN SAN- , ;''(AC). Location of Property: 1575 successively, commencing on tl
Southold,the following hearings. TACROCE. Special Exception to I:ower Road,Southold;NY;County._, October 19 90
will be held by the SOUTHOLD the Zoning Ordinance,Article III, r Taz Map Parcel No 1000 69 5
TOWN BOARD OF APPEALS at a Section 100-31(9)(E)for permission 132 s
Regular Meeting,at the Southold to construct off-premises ground 8:45 p.m. Appl.No:3788 _..`
Town Hall,Main Road,Southold, ... >' sign to advertise for business pur- SUN REFINING&MARKETING.
NY 11971, on. THURSDAY, ! poses. Location of Property for .Variances to the Zoning Ordinance,
'NOVEMBER 1, 1990. at .the ; Sign:Southeast comer of Shipyard `Article X.Sections 100-102:(1)for D n
following times: Lane and the Main Road.East Mari- .:. _:pemriasiaa to establish convenience '/
-`6:`7:30 p.m: Appl.No. 3969= '. on,NY;County Tax Map Parcel No. . store use'in conjunction with and
ANDREW BURKHARD.Variance 1000 38-1-12 accessory to the existing gasoline
to the Zoning Ordinance,Article III, _ .._ ..8:00 p.m. Appl.No. 3972-' station use on this substandard par-..
.Section 100-32 for permission to PETROL STATION LTD. Variance %::;ce1 which contains less than 30,000
construct two-foot extension of to the Zoning Ordinance,Article ' '; aq.ft.in lot area for each use,and /
garage attached to dwelling with an : VII,Section 100-72 for approval of (2)for interpretation as to her t Swoon to before me this
_+�--
insufficient front yard setback.Zone proposed Lot#4 which will have limitation of accessory (can :y
/ /�/}
District R-40.Location of Property: insufficient area in this Residential- Structure. Location of Pro erty: day 0dyJ '� ' 19 7 pC�k
370 Uhl Lane,Orient,NY;Orient- Office(RO)Zone District.Location/e) Comer of the Easterly Side f Fac+ Nowry F
By-The-Sea Subdivision Lot No of property:North Side of the Main tory Avenue and.Northeriy Side of
167, Section Three,Map 6160, Road(265t feet west of Alvah'a the Main Road.'Mattituck.NY,.•
1000-15-5-24.13. : ,: Lane),Cutchogue,NY;County Tax 1000-142-1-27. ; . �otrimissk
7:35 p.m. Appl. No. 3974 Map Parcel No:1000-109-1-23. Matters Recessed from ScaKember
DONALD L.OSANI(for GEORGE '8:05 p.m.Appl. No..3977 26.1 990:
BRUDERMANN JR., Owner) _:BETTX J.COP1N..Variance to the 9:00 P.M. AppL No 3955'-DO
Variance to-the Zoning Ordinance, ;!= Zoning�Ordinance,Article III,Sec MINICK SBLENDIDO A
Article ILIA,Section 100-30a.3 for. F lion 100-33B(4)for permission to , AURICCHIO. " ;•.'
approval of re-separation into two locate accessory:(garage).building 9a0 p.m.Appl.No 3938-VII� -
separate parcels as shown by sepa partly in the side yard and rear yard LAGfi MARINE
rate deed conveyances,each lot with a setback at less than the re The Board of Appeals will at said.
having insufficient area and pro-- quired 20 feet from the southerly ;lane and place hear any and all per-
posed construction to meet setback ::, .;:;;:property line.The lot area of this, _:; 'sons or representatives desiring to'-..* '
..,requirements for this R-40 Zone parcel is.nonconforming at 40.000 be heard in each.of the above mat-..-.'
....,requirements
Location of Property 'sq.ft.in this R-80 Zone District WIS.Written comments may also,be."
' 'North Side of Bayview Road and Location of Property:2195 Albert- submitted prior to the conclusion of
the West Side of Reydon.Drive,c' >` -son Lane,Arshamomaque,Green- the subject hearing.Each hearing:,
Southold,NY; County Tax Map port,NY;County Tax Map Parcel will not Start before the.time allot- _
Parcel Nos.1000-79-5-10 and ll No.1000-52-5-54. ted:Additional time for your pre-
7:40 p.m.'Appl..No. 3980 5:15 p.m. Appl. No. 3979— %'mutation will be available,if need-.;:
VIRGINIA OLGA LEE. Variance THOMAS J. GORMAN.Variances ed.For more information,please
to the Zoning Ordinance,Article `. " .to the Zoning Ordinance,Article III, 'eaI1 765-1809.
XXIV,Section 100-244B for ap- Section.100-33 for approval of loca Dated:October 17,1906 �.�
proval of deck addition to dwelling tion of two accessory(storage) BY ORDER OF THE SOUTHOLD-
with an insufficient sideyard set, buildings in the front yard,as exist TOWN BOARD OF APPEALS
back and reduced front yard set-- The lot area of this parcel is non- GERARD R GOEHRINGER
back.Lot area is nonconforming in conforming in this R-80 Zone Din CHAIRMAN
this R 40 Zone District Location of trice Location of Property:18 Crea-- By Linda Kowalski
Property: 1455 Cedar Beach Road....:,; .;cent Drive,Mauituck,NY;County
East,Southold,NY; County Tax • Tax Map Parcel No.1000-1214-23. _
Map Parcel No.1000-92-1-4. _ =8:25 p.m. Appl. No. 3968—
7:45 p.m. Appl. No. 3978 — IRENE R.MILLER.Variance to the
DONALD&DOROTHY SWAHN. Zoning Ordinance, Article IIIA,
Variances to the Zoning Ordinance, Section 100-30A.3,and Article
Article III,Section 100-32 and Ar- `XX1II,Section 100-239.4A for per-
ticle XXIII,Section 100-239 for mission to locate proposed dwelling
approval of insufficient lot area and ;:.structtue with a setback of less than
width (frontage)of two proposed :100 feet from the top of the highest
parcels, each with an existing point(top of bluff)on this 42,930
dwelling,in this-pending division of sq.ft.parcel.The parcel in question
land.Zone District:R_-40.Location is nonconformin&as to lot width
! ace to the Zoning Or_ 8:05 p.m. A7—' No. 3977-
�` NOTICE OF HEARINGS ce,Article Zoning
XIV,Section BETTY J.COP /ariance to station use:on this'substandard
uu-�4e, for approval of deck the Zoning Orcamaaace, Article parcel which contains less than
addition to dwelling with an in III,Section 100-33B(4)for per- 30,000 sqg ft.in lot area for each•
NOTICE IS HEREBY GIV addition
suffic nt o dwellsdeyard setback and mission to locate accessory use,and((2)for interpretation as
EN,pursuant to Section 267 of reduced front yard setback.Lot (garage) building partly in they to heightt7imitation of accessory
the Town Law and the Code of side yard and rear yard with (canopy).structure..Location of
-� area is nonconforming in this setback at less than the required Property-Corner of the Easter-
the, Town of Southold, the .R-40 Zone District.Location of 20 feet from the southerly pro- ly side 01 Factory Avenue and
following hearings will be held Property: 1455 Cedar Beach
: Perty line. The lot area of this' Norther+ aide of the Main
by the SOUTHOLD TOWN .,Road East,: Southold, NY;
BOARD OF APPEALS at a County .,Tax Ma Parcel No. Parcel q nonconforming at Road, Mattituck, I' ,NY;
P 40,000 sq. ft. in this R 80 Zone •' 1000-142 Y=27. '
Regular Meeting, at the 1 -92-1-4. .. . ` ; District. Location of Property: '`.i'Mamrs Recessed from
Southold Town Hall, Main ',--7:45 p.m. Appl. No. 3978- 2195 Albertson Lane, Ar- September 26,•1990:
Road, Southold, NY 11971, on DONALD & DOROTHY shamomaque, Greenport, NY pa m. pp., No. 3955=
THURSDAY, NOVEMBER 1, SWAHN.Variances to the Zon- County Tax Map Parcel No. DOMMCK SBLENDIDO &
1990, at the following times: ing Ordinance,Article III,Sec- .1000-52-5-54. A.AURYCCHIO:
7:30 .p.m: Appl. No. 3969- tion 100-32 and Article XXIII, 8:15 p.m. Appl. No. 3979- 9:1G 1pm.'Appl. `No.A938-
ANDREW . BURKARD. Section 100-239 for approval of THOMAS J. GORMAN. Vaz- VILLEtriiE MARINE.'
Variance to the Zoning Or- insufficient lot area and width iances to the Zoning Ordinance, The Board of Appeals will atl�
diiiance, Article III, Section (frontage) of two proposed 'Article III, Section 100-33 for said tinge and place hear any aA
1007-32 for permission to con- parcels, each with an existing
approval of location of two ac- -all pemons or representatives
struct. two-foot extension of dwelling, in.this pending divi- cessory(storage)buildings in the desiring to be heard in.each of
garage attached to dwelling with Sion of land. Zone District: front yard,as exist.The lot area':--' :•'the abvm. iriatteis..Written com-''-
an'insufficient front yard set- ^,`A-40• Location of- Property: of this parcel is nonconforming menta mky�:also Abe submitted••,
..in-back.Zone District:R-40.Loca- '"'South_ side .of Park Avenue, 1,
tion of Property:370 Uhl Lane, Mattituck, NY; .County Thx this R 80 Zone District.Loca- prior the conclusion of the
tion.of Property: 18 Crescent iubjecit bearing. Each hearing
Orient, NY; Orient-By-The-Sea Ma Parcel No. 1000-123-8-8 Drive, Mattituck, NY; County : .will na�t;start before..the time '
Subdivisoin Lot No. 167, Sec-, 7:50 p.m. Appl. No: 3971- Tax Map Parcel No. Aimed::-,Additional time for
tion Three,Map 6160; 1000-15L VALERIE M. KRAMERI� 1000-121-4-23.
5-24.13. Variance to the Zoning Or- your` presentation. will be
g 8:25 p.m. Appl. No. 3968=„ available, if needed. For more.
.-7:35 p.m. Appl. No 3974- dinance,Article XXIII,Section IRENE R. MILLER. Varianc information,.. .please .:.,.call
DONALD L., OSANI (for 239.413 and Article XXVIII, to the Zoning Ordinance,Arti-' 765-1W9. ,,:.
GEORGE BRUDERMANN. Section 281, for permission to cle IIIA,Section 100-30A.3,and Dated: October-17, 1990.,
JR., Owner). Variance to the construct new dwelling structure Article 'XXIIL Section 100- BY ORDER OF THE "
Zoning Ordinance,Article IIIA, with an insufficient-, setback 239.4A for permission to locate SOUTH OLD TOWN BOARD
Section 100-30a.3 for approval from existing. bulkhead and proposed dwelling structure f r r'rv'"'OF APPEALS
of re-separation into two from the easterly(front)proper-
with a setback of less than 100 GERAIRD P. .GOEHRINGER '
separate parcels as shown by ty line along Manhanset Avenue. feet from the top of the highest •CHAIRMAN
separate deed conveyances,each Lot area of parcel is nonconfor- point (top of bluff) on this -By: Linda Kowalski
-40 Zone District. a
roposed construction to meet 42;930 sq.ft.parcel.The parcel k t, 1X-10/25/90(2)'
lot having insufficient area and ming in this R
,P Location of Property: 730 in question is nonconforming as '' `
setback requirements for this .'Robinson Road and 980 .
R 40 Zone District.Location of to lot width (frontage) of less _
Manhanset Avenue,Greenport, 'than the required 150 feet in this
Property:North side of Bayview NY;County Tax Map Parcel No. R 40 Zone District.Location of
Road 'and the West side of 1000-34-5-20. :
Property:' Lake View Avenue•
Reydon Drive, Southold, NY, 7:55 p.m..Appl. No. 3976- (127 t feet southwest,of Hun-*.`
County Tax Map Parcel Nos. . THOMAS AND MARIAN tington Boulevard, a private
100049-540 and 11. SANTACROCE.Special Excep- road),,Southold, NY; County `,
7:40 p.m. Appl. No. 3980- tion to the Zoning Ordinance, `:Tax.Map' Parcel_No. 1000-68-
VIRGINIA OLGA LEE. Article III,Section 100-31(9)(E)
for permission to construct off- :-• :•g:35 p.m. Appl. No.r 3975
premises ground sign to adver- ARTHUR G. CARLSON. In-
tise for business purposes.Loca- terpretation and Variance to the
tion of Property for Sigrio Zoning Ordinance, Article III,
Southeast corner of Shipyard Section 100-30(as disapproved S
Lane and the Main Road,East by the Building Inspector) foV
Marion, NY; County Tax Map approval of mariculture uses to
Parcel No. 1000-38-1-1.2 include delivery and storing of
8:00 p.m. Appl. No...3972- seafood, packaging, freezing .
PETROL STATION LTD. and /or preparation of raw or
Variance to the Zoning Or- cooked seafood(processing)for
dinance, Article VII, Section shipping and/or sales for off- .'
100-72 for approval of propos- premises consumption. Zone
ed Lot No.4 which will have in- District: _ ; Agricultural-
sufficient . area in this Conservation(AC).Location of
Residential-Office (RO) Zone Property: 1575 Lower.Road,
District. Location of Property: Southold,NY;County Tax Map
North side of the Main Road i. Parcel No. 1000-69-5-13.2. - '
(265 t feet west of Alvah's T8:45 p.m. Appl. No.. 3788=
_ Lane),Cutchogue,NY,County SUN REFINING&MARKET-
Tax Map Parcel.No. 1000-1097 ING.Variance to the Zoning Orti`p
...1-23. . , _ dinance, Article X, .Section :
100-102: (1) for permission to
establish convenience store use .
in conjunction with and ac-
cessory to the existing gasoline
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for . . . . . . . . . . . . . . . . . . . . . �. . . . weeks
successively, commencing on the . . . . . . . . . . . . . . . . . . .
day of . . . . . . . . . . ., 19 9.,. . .
Sworn to before me this . . . . . . . . . as. . . . . day of
. . . . . . O . . . . , 19
. . . . . . . . . . . . . . . . . .�:. a : . . . .
Notary Public
A. SuCHNEIDER
N;,;.;Kf i U61A.St*Of NW Vwk
No.4806M6
Qualified in Suffolk Coun
Commission EzpiM YM/9i
I
Y
•D Cr f-,
rri
APPEALS BOARD MEMBERS "`° a u ' SCOTT L. HARRIS
�' ."
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your application is a
copy of the Legal Notice, as published recently 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
times allotted in the attached Legal Notice.
Please feel free to call our office prior to the hearing
date if you have questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Notice of Hearings
Z.B.A. - November 1, 1990
Copies of Legal Notice also to the following on or about
10/16/90:
Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050
Mr. and Mrs. Donald L. Osani, 332 Throop St. , N. Babylon 11704
Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746
Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971
Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952
Mrs. Valerie M. Kramer, P.O. Box 1360, •Southold 11971
Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939
Kevin McLaughlin, Esq. , P.O. Box 803 , Greenport 11944
Karen Hagen, Esq. , P.O. Box 1424, Mattituck 11952
Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs.
Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971
Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952
Proper-T Services, P.O. Box 617, Cutchogue 11935
William D. Moore, Esq. , P.O. Box 23, Mattituck 11952
Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971
John Wagner, Esq. , P.O. Box 279, Riverhead 11901
Philip J. Cardinale, Esq. , Drawer W, Jamesport 11947
Marie Ongioni, Esq. , P.O. Box 562, Greenport 11944
Charles R. Cuddy, Esq. , P.O. Box 1547, Riverhead 11901
Fo�K�oG
o y`
APPEALS BOARD MEMBERS = SCOTT L. HARRIS
Gerard P. Goehringer, Chairman V�� • Supervisor
Charles Grigonis, Jr.
�,� Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
S.E.O.R.A. October 17 , 1990
TYPE II ACTION DECLARATION
Appeal No. 3978
Project/Applicants: Donald & Dorothy Swahn
County Tax Map No. 1000- 123-8-8
Location of Project: Park Avenue , Mattituck , NY
Relief Requested/Jurisdiction Before This. Board in this Project:
Approval of insufficient lot area and width (frontage ) of two
proposed parcels , each with an existing dwelling , in this pending
division of land
This Notice is issued pursuant to Part` 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please,contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
0o Gy
Z
L Town Hall, 53095 Main Road
10 P.O. Box 1179
Southold, New York 11971
JUDITH T.TERRY 1 FAX(516)765-1823
TOWN CLERK TELEPHONE(516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK
DATE: SEPTEMBER 21, 1990
RE: ZONING APPEAL NO. 3978, DONALD E. SWAHN
Transmitted is application for a variance submitted by DONALD E. SWAHN
2 Notices to Adjacent Property Owners, Notice of Disapproval from the
Building Department, Short Environmental Assessment Form, Zoning Board
of Appeals Questionnaire Form, and 1 Survey Map.
Judith T. Terry
Town Clerk
,14.16-d(21871—Text 12 r
PROJECT I.D.NUMBER \ 617.21 SEAR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I�, OJECT INFORMATIO (To completed by Applicant or Project sponsor)
1• AP ANTZISPSIOR 2. PROJECT NAME
3. P JECT LOCATION:
Municipality ty r
4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or proviC1 map)
S. IS PROPOSED ACTION:
❑New ❑Expansion Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
a�
7. AMOUNT OF LA ID AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑Yes {Cy No If No,describe briefly
i r
i 9. WH IS PRESENT LAND USE IN VICINITY OF PROJECT?
Rcribe:esidential ❑Industrial ��Commercial El Agriculture ❑Park/Forest/Open space ❑Other
10. DOES A ION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STAT OR LOCAL)?
RYes ❑No If yes,list agency(s)and permit/approvals
11. ES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
• Ye ❑No . If yes,list agency name and permitlapproval
12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
Yes ❑No
CERTIF T AT THE
IInNFORMA ION P IDED OVE IS TRUE TO THE BEST OF MY KNOWLEDGE
A licant/s ons '�K
PP p or ame: Date:
Signature:
ETHhe action is in the Coastal Area. and you are a state agency, complete the
Coastal Assessment°Form before proceeding with this assessment
OVER
1
(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made Ly this L)oard
before any action is taken.
ii
SHORT ENVIRONMENTAL ASSESSPIENT FORM
INSTRUCTIONS:
(a) in order to answer the questions in this short EAF it is assumed '
that the preparer will use currently available information'concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is project is not significant. likely that the
(d) Environmental Assessment
.1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land?
Yes No
2. Will there be a major change to any unique or 27
unusual land form on the site?
1• Yes 1—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 _)�_No
5. Will project significantly effect drainage flow
on adjacent sites?
Yes _LNo -
6. Will project affect any threatened or endangered
plant or animal species?
Yes 2_1No
7. Will project result in a major adverse effect on
air quality?
_Yes LIVO
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
X No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? Yes O
10. Will project have a major effect on existing or
future recreational opportunities?
_Yes 4 No
11. Will project result in major: traffic problems or
cause a major effect to existing transportation
systems?
Yes 11,r NO
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? _Yes
V-,,No
13. Will project have any impact on public health
or safety?
_Yes Z.,NO
14. Will project affect the existing community by
directly causing a growth in permanent Popula-tion Of more than 5 percent over a one-year eyes �
period or have a major negative effect on the No
character of the community or neighborhood?
15. Is there public controversy concern' g the
project?
, Yes � ;Vo
Preparer's Signature: T
Representing:
ZBA V/75 Date: C
r.
QUESTIONNAIRE TO, 3E COMPLETED AND SUBMITTED
WITII YOUR APPLICATION FOX-IS TO THE BOARD OF APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch) , to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours? yes nv0
2.a)Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference. ) Yes no
b)Are there any areas open to a waterway without bulkhead? Yes No
3. Are there existing structures at or below ground level,
such as patios, foundations, etc? es No
4. Are there any existing or proposed fences, cancrete
barriers,vdecks, etc? Yes No
S. If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: ft. Yes IVO)
6.. If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total:. . . ft. Yes NO
7. Are there .other premises under your ownership abutting
this parcel? If yes, please submit copy of deed. Yes No
8. Are there any building permits pending on this parcel
(or abutting land under your ownership, if any) ? Yes No
State Permit # and Nature:
9 . Do state whether or not applications are pending
concerning these premises before any other department'
or agency (State, Town, County, Village, etc. ) : •
Planning Board ' Yes
Town Board Yes to
Town Trustees Yes o
County Health Department Yes
Village of Greenport Yes o
N.Y.S.D.E.C. Yes 0
Other Yes vo
10. Is premises pending a sale or conveyance?
If yes, please submit copy of names or pui:chasers
and conditions of sale. .(from contract) Yes
11. Is' new construction proposed in the area of contours
at 5 feet or less as exists? Yes (Nod -
12. I.f new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under the
requirements of Ch. 97 of the Town Code? Yes No
13. Please list present use or operat• ns condpced upon the
subject property at this time ��NIA
and proposed
Please submit photographs for the record.
I certify that the abo e statements are true and are being submitted for
relianc b the B rd f eals in considering my application.
zk A4
Signature (Property owner) (Authorized Agent)
1/88
i
' WETLANDS [Amended 8-26-76 by L.L. No. '2-1976:3-26- -
85 by L.L.No.6-19851:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently env-
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('.'.) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESI[WATER WETLANDS:
• (1) "Freshwater wetlands"as defined in Article 2.1,Ti-
tle 1, § 2.1-0107, 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
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STATE 0 F NEW PORK --Pt-
COUNTY
R E-A-L P R O R T Y S Y S T E M --REPORT N0�RPS350P1 PG 307 -
- SUFFOLK C R O S S N E F E R E N C E L I S T I N G TOWN OF CURRENT DATE - 12/08/89
473889
" LD- PARCEC IDEN7IFITATION SEQUENCE -
5wI5 - 473889 RPS350/V02/CD02------
-- -_- Y CK - - - 1988 - _ _ - - - 1989 - - - RES PRP R H ACCOUNT
PARCEL ID R DG N A M E ----
LAND TOTAL 'LAND TOTAL PCT CLS SS C NUMBER ---
123 -6-12.5 C TA CORWIN ELEANOR --
1 2 3.-b-13 C PN M 6 00--- 600----6 0 0 ---------5 0 0----31 1--1---------�4-------- :--CMAHON PATRICK MRS 2,100 10,100 2,100 10,100 210 1 14
123.-6-15 C OZ SMITH THORNTON E_ 2,900 9,800 2,900 _ 9r8C0 210 1
1 23.--6-16 --------- 14
C RS ANDERSON SHIRLEY $- ---
123.-6-17 C 3,Sd0 13.400 3.800 15300 --21-0 ------1y-
123:-6-18 SL BEST MARGARET M b 3800 12,200 3,800 12,200 220 1 14
- C TE WHITWELL ,BARBARA g 1.900 6:600--1�900- -'6:600------210`-1.--_----- 14 -`-- -
123_-6-19
123--6-20 C TX LASCELLE WILLIAM b _ 2.000 9p400 2.000 9,400 210 1 14
t OA 'WHIiROCK KEVIN T '"
123.-6-21 1.5D0.'-'-4.100_-^`1,500 -' 4.100---210 1- --_--- ----- - 14-"----'-
C OT OLDANI CHARLES M b WF 2,900 8,900 2,900 8,900 210 1 14
123:=6-22----__---.-- C PM WAMBACK NORMaN-' -
123.-6-23 C OF BERMINGHAM JOHN R JR 400 400 400 400 449 1 14
123:-6=24.f - - -C RU COZWIN RiCHMOND-$-JR ;p-' -50 - -__-__
50----- --50 - -692 1 14' -----
123.-7-1 T--- '-- C NZ WICKHAM J PARKER 3,400 6,100 3,400 6,100 210 1
173.-7-2 14
C OS WICKHAM'JAY P "'-- -2:4D0--123--7-3 2.400 -'--2.400- --2,400 1
C P ---31
L WICKHAM SPENCER_ N 2,400 2,400 2,400 2.400 311 1 14
123.-7-5.2----- --C SP CONWAY WILLIAM J GF 700 5:300-----700----5:300-----210 1 -"- - ----- - 14- - ---
123.-7-5.3 C TL CAREY THOMAS F B WF 1,300 10,300 _1,300 11.SDD_210 1 1y
-123_-7-6 - _ ------ - ---- -- ------ _C RO HANION PETER E 1.900 --7.700 1,90 7,700 21D-1-- _.-- "14------
123.-7-7.1 :-.
C TF SCHRODER RAYMOND
123:=7-7.2- _.___---__,___--_--_.-_._ _ 2,600 _ 2.600 _2,600_ 2.60C 311 1 14
t UB SCHROOER RAYMOND 6,100` "'72.800 -"' 6.10d -"--12.8Qp--'--210-1 --�--�---��---- --14--"-----
123--7-8 C TC HOLMAN BUD GEORGE 4,800 12,400 4,
4,800 1200 210 1 14
- 123:-7-9.1-- .-- C UR-DEXTER(CATIE J T:700 1'0:000-- 4,800-----10014-----
123.-7-9.2 C VN LACONTI NICHOLAS b PAT 5,200 16,800 5,200 16,800 210 1 14
--123.-7-10 -- -------C-NY SARKTSTIAN-I-SABELCE-F- -3:800�----3.8p0-- 3;8p0----3:800-- 31f-1 - --- - - 14 ----
123.-7-11 C OR SARKISTIAN .ISABELLE F 4,900 13,800 4,900 13,800 260 1 14
- 123_-7-12 - '-'- _�FK SARKISTIAN ISABELLE F 'S.0d0- 5 000 -.-.�-5 D00--'--------5-oo0 31T 1 `- -
_ 14 - -3.-7-13 C QD SARKISTIAN ISABELLE F 4,900 19,000 4,900 19,000 210 1 14
123:-R-1 - ----- -`SOP DODGE LAYRENCE-&---WF--. 6-,700 17i900 -6 7D0---17,900---210 .1_---__--- 14-- ----
123.-8-2 C PI EDWARDS ADRIAN L 3,400 9,600 3,400 9,600 210 1 14
-123.=8-3----- c-oa WELLS�IEes7ER-P-ES7 -`-5,-500 14;500-- -5:500-- ---1y-
3.-8-4 C QU GERHOLD CORINNE A 51000 12,800 5,OOd 12,800 210 1 14
12.3:=8-5 -_-__,__ --C Rp-PARKIN J STANLEY 6 ORS-6 200 -' 14.908 6 000 ---14.900 ^210 1 ---- -- 1l, -- - --'
123_-8-6 __ C_SG_CUBBON ROBERT J 8 WF 5,200 14,100 5,200 14,100 210 1 14
123-- 8-7._ -t,:C SZ STRUB -
/- - --14 -----
�1.23.-8-3 - -- - C_TS .SWAHN DONALD-E�: 3,800 11,600 3,800 11,600 210 1
123:8-9 C UL LAURINO NARIE 14
123.-8-10 �' 2-000--T0:20D- ��D00 --'-"1Q:2pU--Z10-1 ---- 14 --
C 00 JRCM LTD 2,000 10,200 2,ODO 1D,200 210 1 14
- 123:=8-11.1'" " -- -T.�o-�--MUECCER' CHARLE3 3 b uF 31200-T'131-000" - _31-200 -- - 13:00a' 210-1.-_._--_.- -_14 -` --
123.-8-11-2 C OZ MUELLER CHARLES S b WF
CAST ANTHONTbMAR G1,,4b0000 1,400 1,400 1,400 311 1 14 11.400 4600 - --11;400 210-T- -`- -- -14-- ---
_123.-8-13 C QT COLAGIURI PATRIC_IA_ b A 5,500 13,200_ S,50d __ 13,200 _ 210 1 14
12 3.-8=14 --- -- --- - - ____ _
C RM MARRATOOKA CLUB - 4,800 6-700 41800
123.-4-15 C SF SHANAHAN MICHAEL 0 B G
400 3,700_ _400 4,300 210 1 14
.-`123:-8-16._____------------------`C SY HANLON-RUTH"-`-'- 600----"4:D00 _"-600._..--_._--4:OD0-----210_.1. _-.-.___....___.._ -,-14--.__..___..--...
123.-8-17 C TR OLEARY DENIS J 8 WF 1,700 6.000 1,700 6,000 210 1 14 .1
-123.-.9=18 -- --- -----�-UK COCAGIURI-PATRITK-N-b'----2.700 TO,T00 2:70p-TD;100---Z10-T- -14
123.-8-19 C VD TUTHILL ANNE LUCE 21900 8,700 2,900 8,700 210 1 14
173:=8=2 Q -" C-P G-D-A�7 K S-MI CtTC E N T'-b-p R-S----2� -14-
123.-8-21 _ C PZ WUTTKE HELEN 8 1,300 1 5,20p_ 1,300 5,200 260_1
14 23--8-22-2�--" 'C sK ROSS FREDERICK ,0-00-- 2-500
----`---'-PAGE -TOTACS T-P-A-R-CECS-Cb'CJTVE7 - -
--�.301-95 0-1988 T07AC---------
- --- ----------- - 435,150 1989 TOTAL
5 �,�.°a=.- :Ia C\•.�e..N � K SEE SEC.`NONt2
09-004 ..�
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Ate`' g,ems
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sue. i�a
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1
§ 100-238 UTHOLD CODE § 100-239.1 C �
occupancy be issued respect to the use and occupancy of such
• buildings and/or premises unless and until all such required systems
and facilities have been constructed and are in proper operating
condition and have been approved by all agencies having jurisdiction
thereof.
§ 100-239. Land under water, filled land. -
Streams, ponds, tidal marshes and portions of Long Island Sound
and its various bays and estuaries, lying within the boundaries of the
Town of Southold, whether or not so indicated on the Zoning Map as
being in a particular use district, shall be considered as being in the
most=restricted use district abutting 'thereon, and such zoning
classification shall continue in force regardless of any filling or
draining of such lands.Nothing herein contained shall be construed to
permit the filling or dredging of such land. For the purpose of
computing density for the development of any lot or lots, no land
under water, unless filled pursuant to law, shall "be included in
computing the minimum lot area for each dwelling unit permitted
u der the appropriate zoning district in which the property lies.
§ 100-239.1. Excavations.
No excavation of any kind shall be permitted except in connection
with the construction in the same lot of a building for which a
building permit has been duly issued. In the event that a building
operation is arrested prior to completion and the building permit
therefor is allowed to lapse, within six (6) months.after the date of
expiration of such permit, the premises shall be cleared of any
rubbish or other unsightly accumulations, and topsoil shall be
replaced over all areas from which such soil may have been removed.
Any excavation for a basement or foundation with a depth greater
than three(3)feet below grade shall be either filled or surrounded by
a substantial fence adequate to deny children access to the area and
adequately maintained by the holder of the permit.
10138
2-25-89
. f
BOARD OF APPEALS, TOWN OF SOUTHOLD
r In three Matter or the Petition of
ONA1� �- c� WAffn1 r--;�o �I�t{ 1,- S�ir/RHnI NOTICE
TO
to the Board of Appeals of the Town of Southold
ADJACENT
TO: t ,-4 N G! —0- g `7 PROPERTY OWNER
P0 13 1 ( 3S-B
"74=1TP i�e(A N y r, qs2
YOU ARE HEREBY GIVEN NOTICE:
i. That intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ariance)�(Special Exception) (Special Permit) (Other) [circle choice]
1-
2. That the property wh,Jr�'ch is the subject of the Petition is located adjacent to yo property and is des-
cribed as follows: (Ut1 /'//'!r 6( j r/ t! �-7 /1r I/e�'1,•Eo,v �T" v Y� )
3. That the property which is the subject of suc Petition is located in the following zoning district:
'4 That b� such Petition, the undersigned will request the following relief:
---V 6 - -
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article `P" section E 0
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7d5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notic ; that you y 5grepre tative have the
right to appear and be heard at such hearing. �('/ r7
Petitioner
0 w n e r s N a m e 0.: D0�ALD E. S�PAIiN
Post Office AddresssXATTITUCIL NY 11952
Tel . No
[Copy of sketch or plan showing proposal to be attache;d„~for._,"'coriv.enience
purposes . ]
AI ,_ ti
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME
- ADDRESS
U_
� V
/104-1 -1 '7-U e-Ix"
f f azi
STATE OF NEW YORK )
COUNTY OF SUFFOLK) ss.:
residing at(l/emu
being duly sworn, deposes and says that on the /50- day
of pig 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 Un'ted States Post Of-
fice at that said N tices were iled t ach If said persons by
(certified) (registered) mail.,
Sworn to before me this
day of 50f&PMDPI , 19 R0.
Notary Public
THERESA M.BEWNA
NOW Publio.State of New York
No.4753198
Qudlled In Suffolk County
Cotnmisslon E*=Feb.28,1M
( This side does not have to be completed on form transmitted to adjoining
property owners . )
f
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
DlNl�l-frl gr __()ot2a-r# Yej,+IfAl NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: k }(,t A( D PROPERTY OWNER
o (r; ro12 (;c kA--( c�_
0 79�.z
YOU ARE HEREBY GIVEN NOTICE:
1. That intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a.( ariance (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property w ich is the ub''ect pf the Petition is located adjacent to your roperty and is des-
cribed as follows: �l!38 �/ i �, ( ft/�=ST O F- `. !�y✓I�do
3. That the property which is the subject of stAh Petition is located in the following zoning district:
4 That by such Petition, the undersigned will request the following relief: �L= � bW�� -ty
fS. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article _&T- Section /d 6 - ;q� 1� -- I Y
[ ] Section 280(A, New York Town Law for approval /of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7d5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; at you oryour rese tive have the
right to appear and be heard at such hearing.
_ �r p
Dated
6�2�rf Scul4IfAl
....,, eT"AHN
Petitioner P•O. BOX 283,•FARE AVE,
O w n e r s Name s : MATTITUM NY 11902
Post Office Address
Tel . No .
[Copy of sketch or plan showing proposal to be attached,, for- conv.e:n.;ience
purposes . ]
-
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
A�
V
� fX If
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
Sew 0 hl,'r
9 0 ri 6t-I rD Iz Stir j'414-.` residing at ldwe'
1f F II
being duly sworn, deposes and says that on the /'4 day
of r~ram , 19 Sri , 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 1,A- i-7 i 7 max pi,d ; that said Not! s were mailed to each 7of,,'aid persons by
(certified) (registered) mail.
Sworn to before me this -1
day of 3pi e►k6er , 19
Notary Public
THERESA M.BELLINA
Notary Public,State of New York
No.4753196
QWihed In Suffolk Couu* .
C�nmisslon Expk
( This side does not have to be completed on form transmitted to adjoining
property owners . )