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HomeMy WebLinkAbout3939 SCOTT L. HARRIS APPEALS BOARD MEMBERS isor Gerard P. Goehringer, Chairman �'� ®� Super Charles Grigonis, Jr. ° Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3939 Matter of GEORGE SCHNEIDER. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling with attached garage, Bulk Area. and Parking Regulations and insufficient sideyard setback. Property Location: $00 Sterling Road., Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of GEORGE SCHNEIDER, under Appeal No. 3939; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 located along. the north side of Sterling Road, Hamlet of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, 104, Block 01, Lot 29. 2. This is an application for Variances from the Zoning Code Article III, Section 100-32, for permission to construct a one family dwelling with an attached garage. Bulk, Area and Parking Regulations and insufficient side yard setback. Page 2 - Appl. No. 3939 Matter of GEORGE SCHNEIDER Decision rendered June 19, 1990 3. Article III, Section 100-32, No building or premises shall be used and no building or part thereof shall be erected or altered in the Agricultural-Conservation District and in the Low-Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full, as well as to the following bulk and parking requirements: 4. The subject premises is located at 800 Sterling Road, cutchogue and is improved with a one story framed house with an attached garage, the area is 24,217 sq. ft. in this R-40 Zone District. 5. In considering this application, the Board finds and determines: (a) the relief requested is not within the character of the immediate area and will be a substantial change, creating other precedents to follow; (b) the practical difficulties claimed are not sufficient to warrant the granting of the relief requested; (d) the circumstances of this property are not unique; (e) that in carefully considering the record and all the above factors, the interest of justice will be served by denying- the relief granted and granting alternative relief, as further noted below. Accordingly on motion by Mr. Grigonis., seconded by Mr. Goehringer, it was RESOLVED to DENY the Variance with ALTERNATIVE RELIEF in the matter of the application of GEORGE SCHNEIDER under Appeal No. 3939, SUBJECT TO THE 'FOLLOWING CONDITIONS: 1. That the attached garage not be any closer than 6 ft. . 3 in. from the easterly property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio (Absent Serge Doyen, Fishers Island) . This Resolution was duly adopted. d RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE I 1_+)c10H0UR �5 GERARD P. GOEHRINGER, C AIRMAN a Town Clerk, Town of Sout:-old 47 APPEALS BOARD MEMBERS . SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. t. �� -.a 'iN 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, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN. Variance to the Zoning Ordinance, Article III A, Section 100-30A. 4 (100-33) for permission to construct an accessory building in frontyard area. Accessory buildings may be located in the required rear yard. Property Location 625 Terry Lane, _ Southold, County Tax Map No. 1000, Section 65, Block 1, Lot .23. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 7 : 35 p.m. Appl. No. 3937 - PATRICK LOHN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, Southold, County Tax Map No. 1000, Section 87, Block 3, Lot 57. 7 : 40 p.m. Appl. No. 3935 - JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 239 . 4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff . Property Location: 62825 North Road, Greenport, County Tax Map No. 1000, Section 40 Block 01, Lot 11.1. 7 : 45 p.m. Appl. No. 3934 - JOY LON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 A(1) , for permission to construct addition to one family dwelling. Proposed construction will be less than 100 ft. from the top of the bluff . Property Location: 63035 County Road 48, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot 13 . . i Page 3 - Notice of Hearings Southold Town Board Regular Meeting of May 15, 1990 7 : 50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4. ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7 :55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 (E) , for permission to install an off-premises sign. Property Location: 43600 County Road #48, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1. 6. 8:00 p.m. Appl. No. 3943 - GREG' S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1) (100-31C) , for permission to construct an off-premises sign. Off-premises signs are not a permitted -use in this district. Property Location: 69435 Route 48 & .55 Sound Road, Greenport, County Tax Map No. 1000, Section 35, Block 1, lot 8. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 8: 05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to set up a temporary tent for cultural events. Proposed tent doesn' t address this condition in A-C Zone District. Property Location: 18910 County #48, Cutchogue, County Tax Map No. 1000, Section 096, Block 04, Lot 4. 3 . 8:10 p.m. Appl. No. 3929 - VINCENT ANNABEL. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have an accessory apartment. Property Location: 4300 Stillwater Avenue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. 8:15 p.m. Appl. No. 3932 - MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239. 4 A, for permission to construct a swimming pool, Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, County Tax Map No. 1000, Section 014, Block 02, lot 3.5. G Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 E8:20 p.m. Appl. No. 3939 - GEORGE SCHNEIDER. Variance to theoning Ordinance, Article III, Section 100-32, forssion to construct a one family dwelling, Bulk, Area andng Regulations and insufficient sideyard setback. Propertyion: 800 Sterling Road, Cutchogue, County Tax Map No.Section 104, Block 01, Lot 29. 8:25 p.m. Appl. No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A. 3, Article IIIA, Section 100-30A.4 ( 100-33) , for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yard setback and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Section 118, Block 04, Lot 06. 8:30 p.m. Appl. No. 3931 - JOSEPH SHIPMAN. Variance to. the Zoning Ordinance, Article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax ! Map No. 1000, Section 125, Block 01, Lot 19.7 . '?age 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 '8:35 p.m. Appl. No. 3942 - DAVID & MARY ANN CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck; County Tax Map No. 1000, Section • 106, Block 08, Lot 51. 8: 40 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, Lot 21.6 & 21.7 . 8: 45 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVII, Section 100-281 (3) , as disapproved, for permission to construct additions and alterations to garage with apartment. Garage living quarters has been dormant long enough to loose its non-conforming status and the use there of . Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 03, Block 07, Lot 05. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 8:50 p.m. Appl. No. 3938 - VILLAGE-MARINE. Variance to the Zoning Ordinance, Article XII, Section 100-112, Article XII, Section 100-111(C)l, Article XXIII, Section 239.4, for permission to enlarge preexisting marina building and install boat rack (outside) . Property Location: 175 Bay Avenue, Mattituck, County Tax Map No. 1000, Section 122, Block 03, Lot 15.1. 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 time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated May 8, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL nn , Date . . . .V4 .s3. . . . . . . . . . .. 199.0. . To '7VA•. . .S. o .�.�.. . .�.Q.k. . . . ��� . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . .ate. . . . . . .. for permit to ewe" 5 . .�'' � . . .�. . ',.?Loa.c'., . . . . . . . . . . . . . . . . . . . . . at 1 Location of Property a??. . � . . 0.�?' . . . . . . , , , House No. Street Hamlet County Tax Map No. 1000 Section . . . 1. q . . . . . Block . . . .0 ). . . . . . . Lot . .?Z q . . . . . . . . Subdivision .h)a:"`.`14. :4�Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . e_is returned herewith and disapproved on the following grounds .�s..�:4� .��.'. 3Z. kT� �. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dL Building Inspector RV 1/80 BOARD OF HEALTH 1z' FORM NO. 1 - 3 SETS F PLANS :�. . . . SURVEY TOWN OF SOUTHOLD 'CHECK BUILDING DEPARTMENT SEPTIC FORM , , , , , , . , , ; TOWN HALL SOUTHOLD, N.Y. 11971 NOTIFY TEL.: 765-1802 CALL • � 1 {�. MAIL T0 : Examined 1� . . . . . . . . . yJ� Approved . 0A. . . . . . . .,.19 �i Permit No. l � D Disapproved a/c AN . . . . . . . . _ . . . . . . . . . .. (B ding Inspector) . _._.._ . . ... .. ... APPLICATION FOR BUILDING PERMIT Date . L'GTb�3FiE�. .�". . ., 19 � INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ,or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- �cation. C. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code,'and regulations, and to admit authorized inspectors on premises and in building for necessary ' ections. - � . . . . . . . . . . . . . . . . . . gnature of applicant, or name, if a corporation) ('Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. t�nr . . . . . . . . . . . . . . ' ,e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . . . .M! . .. . . . . . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . (Name and title of corporate officer).... . . . . . . . ALL CONTRACTOR' S MUST BE SUFFOLK .COUNTY LICENSED Builder's License No. Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done: . . . . . . . . . . . . . . . . . . . . , , , , 0-0 . . . . . �. . . . . ... . . . ..�. . . . . . . :7 . !`g�. . . ... . . . . . . . . . . . . . C'u TG lfo�'Gc�. . . . . . . . . . . . . . . . :. : . . . .. House Number Street Hamlet County Tax Map No. 1000 Section . . . . . . . . . . . . Block . . . . . . . . . . . . . . . . . . Lot . , 2; Subdivision . ./vS,S• !/ /f' I s . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . (Name) . . . . 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction. a. Existing use and occupancy . . . , , , , . b. Intended use and occupancy .�. .1!�ENTft G - ...,.uJU U1 worx (cnecx wnicn applicable): New Building : , •V. , • Addition . _ Repair . . . . . . . . . . . : . . Removal . . . . . Alteration . . . . • • • • • Demolition Other Work . • • . . . . . . . . . . . . . . • . . . . . . (Descriplion) 4. Estimated'Cost . . . . . 7e ��,`�,. . . y. . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . , ` (to be paid on filing this application) • . . • • - S. If dwelling g �,number of dwelling units . . . . . , , , , , ,,. Number of dwelling units on each floor.-. . . If garage, number of cars . . . . . . . . 6. If busin upancy, Specify nature and extent of each • • • • � • • • • • • • • • • • • • • • • • . • . 7. Dimensi 9c fit¢ .`.� <.. ft�r. 's, ' ny: Front . . . . . .— type of use .. . . . . . . . . . . . . . . . . . Height . . . . . Rear . . . . . . . . . . . . . . Depth . . . . : c �:y• ,�• . . . . . .`Numbet of Stories • . • Dimensiorjs.o`f same structure with alter • • • • • • • • • • ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' DDe ! F �f + alterations or additions: Front . . . . . . . . . . . . . , Rear . . . . . . , epth a. . . F `; �'aa '= r . . . . . . . . . . . . . . . . . . • • • -. . Height S. Dimensi 4 o tl" ' ' ' ' ' ' ' ' • •,• • • • • • • • • • • . Number of Stories . . . . . . . . , - • , • , - n Front . .p� Rear . 4 ° . Depth . .'�,?•'•Height . . . . . . . . . . . . . . . . . . . . . . . . Size of "Mi r o Stories . 9. Date Rear . . . . . . 3.3. . . . . . . . . . . . . . . . . .!. . Z.� . . . . .. . . . . . . 10. of Purchase . . . . . Depth . . . :�' . . . . . . . . . . . . p • • • • • • • . Name of Former Owner 11. Zone or use district in which remises are situated . i��5� 7n, . . . . . . . . . . . . . . . . . . . . . .12. Does proposed Construction violate any zoning law, ordinance or regulation: ' • ' 13. Will lot be regraded .rJ d • • � . . . . . . • • • • . . . . . . . . . . . • Will excess fill be removed from premises: Yes o 14. Name of Owner of,premises . : tr`. �dress f'A�:�J!X5, C✓rcrfr� 73y zG•� Name of Architect • • : `hone No. . . , Name of Contractor �, T, • • •Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . for . �: Ct�!?v l; Address 1 ! .Phone No. 1 r • • • - • - 15. Is this property located within 300 feet •of a tidal•wetland? •*Yes- . No . 1✓ . . t . *If yes, Southold Town Trustees Permit may be re al PLOT DIAG1tAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. 54 J / 3 � . ? 0 -ID STATE OF NEVV YO :Oli�`YOF : ` . S•S being duly(Na le of individual signing contract) sworn, deposes and says that he is the applicant ,ibove named. :ie is the . . . . . . . . . . . . . . . . . . . . . . . . . . . . i'LQ r . . . . . . . . . . . . (Contractor, agent, corporate of.ficer,.etc. . . : . . . ..) . • • . . . . . . . • • . . . . . . • . )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this :pplication; that all statements contained in this application are true to the best of his knowledge and belief;and that the .work will be performed in the manner set forth in the application•frled therewith. )worn to before me this � .. . . . . .day of ��. . . . . . . . ., 19 :otary Public /� ' . V1 . • ?'• • �.. .:6 County CLAIRE L.G !Votary Public LEW . . . . . . . . .�. . . . . . . . . . . . . . . . .of New York L___-� ' ' ' . . . No.Public, 879505 (Signature orapplicant) Qualified in Suffolk County C�j Commission Expires Decembor TOWN OF SOUTH OLDA IREW& 0 APPEAL FROM DECISION OF BUILDING INSPECTOAPR 131 0 APPEAL NO. 2) cI 37 U tt DATE TO THE ZONING BOARD OF APPEALS, TOWN O LpwN Clerk 1 (We) .........of ..... Name of Appellant Street and Number ..............C.RX;/1 A G Ja................................................... ........N- ...........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. Jam............ DATED ........ ° a./�f.I...................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...........G' . Ea�PcF T ��E,!•✓ � t7�............ ........... .............. .... p Name of Applicant for permit of .....l0� ............G. !` oGvE............Nl ...... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (K ) 1. LOCATION OF THE PROPERTY ..................... ir................ .................... :... ................................. Street /Hamlet / Use District on Zoning Map District 1000 Section /a# Bl ock of Lot L 9 .Current Owner �?E�3RG� 5ctf....a..p...... ..................................................................` M 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 _Z2Z' Section to o - 3 a 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (iw� (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 and was 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) z REASON FOR APPEAL � Continued 1. STRICT APPLICATION,'00 EZQR1L6,NANCE 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 Ta 7-%cam" �iQ o p /Q Ty 3. The Variance would observe the spirit of. the Ordinance and WOULD NOT CHANGE , THE- CHARACTER OF THE DISTRICT because s7741- .SAD21=FQ�s�-r� /•r�o a s c . STATE OF NEW YORK ) �� ss C �uFFo�C ) .. ................... COUNTY OF Signature Swornto this ........... ............................... day of............ .............................. 1990 . .m::... ........ .......... Notary Public EILEEN M.ROACHE Notary Public,State of Now York No.4826942 Qualified in Suffolk County Commission Expires January 31,15 Z�- ' FEB 1 L 091 TOWN OF SOUTHOLD FEW:YORK'1120 17ai� APPEAL FROM DECISION OF BUILDING INSPECTOR' '-- _--'-'- _ APPEA NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ...6api%06.e.....7.. nt Z!? 1 of ..... ..5 i��',L�rl%':;i.......?t >................... Name of Appellant Streets and Number ............G..t �t .4 ... ...................................... ...... �.�...........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON f APPLICATION FOR PERMIT NO. ....Z.9. �'.�---. ................ DATED ..... ............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ......._.�% �1. <4. .7 .. ....�Gf��E..i� ......... Name of Applicant for permit of ... .....�..�?`' .i�1�,L/!�; .... . ..4TLf�l.,�„t��.. ............... ..... .. . .... . ... Street and Number Municipality State ( ) PERMIT TO USE ( (,/J- PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 6C ..... r` 1'�i/�E k' Ge. 7zrfv Uc Street /Hamlet / Use District on Zoning Map Di stri ct.1000_ Section/ey'Bl ock J Lot i.Current Owner '.��,�/' % Map No. Gv 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 ;Z: Section M9,.-3-2- 3. /TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( y) 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. Lows Art. 16 Sec. 280A Subsection 3 ) 4. PREVIOUS APPEAL A previous appeal (has) (#genet) 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 (U4 request for a variance and was made in Appeal No. ....-F .......................Dated .......T%... ,).P.... .j� .1........................ .. � REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that -m �c'���crF�lLL I �E�uEST/�G vF 77?`E Form ZB1 (Continue on other side) { i=` 1 REASON FOR APPEAL `� Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because .���pUf� /-" �-T e`= 77&-( ��!-'f►e�� v,./C/"yr7 ff1f�' ' l� C/1��� 1 /,�/s its©:t�7. i/1✓��d (r1� 7E,MdZvi-7-10A', L k'-CA1z1 -WV1L11 rp 5;����L' :i?or.F�JG J !/1.�5v/tr��� .�'E�oc�'Tl�rd G� c�i.r�✓��bu� ��E c;��c�i� ,P�Ja� �n!•� ��',psi✓L•" ,¢v'� L�7U'f����✓�E� /�'� ��� �tf�/'i��slC��/ice 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. �'�=U� 110e5*,e- /JVX7 o tOPAur5> M1S 1 � �� �i3•'�9f�' T.E'CE rH6 01: Ri✓49 •� JDs�= 3,Ly /.0 ;his-5 eA,5'e, OW 5�vA)� I-•A/vO. �� ��v.z~ 27P . i'7�` 1 �t`3iiy�/�tJ s��.�Ol'� .tJ 7�'7i`f/✓ �i.�ath,�C-- � G'%7�r�' •�� l�:ir�' L'�� /�iJ '�'lf't,� G'i�`� dam' fS�T L��?' STATE OF NEW YORK ss c.........- .. .................... COUNTY OF ) Si nature Sworn to this ..:............ . .....d .!1. .... day of...V.. ..... ........................... 1991 . . . .... ...................... Notary Public UNDA J..000PER Notary Public,State of New York No.4822563,Suffolk County �� Term Expires December 31,19-1 00 TON OF SOUTHOLD P4OPERTY RECORD CARD OWNER STREET4. VILLAGE DISTRICT SUB. LOT �3_ pr 4S ' n:eic�er. CA h a v FORMER bWNER N E ACREAGE S W TYPE OF BUILDING RES. � SEAS. VL. g I CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS y19 J'Q 3 a 3 0 0 'fly 3 lelip, av LScde - Jo �-o F� �� ,rro . ,� s• a . /0'/0 8 - n rrctTel .:, d coo, ✓ ` AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD I3f, Tillable 1 Bfl :- Tillable 2 DOCK Tillable. 3 n Woodland Swampland Brushland House Plot - Total "elm T ,., ■NIVIN■MOB■ ■■■■■■MWEEMEMEM NONE MMEMMMMMMMMM ME, y■� MEN Eft■■■�: HEMEMMUSI■ ■ ■■■■■:m�®rM ■ M MEMO■■■■■■■■ ■■ .. ® .. . Both ® 'Fire Place RoomsPorch ..Rooms 2nd _ Floor SUFFOLK CO HEALTH DEPT APPROVAL �. H S N O. ti `ciry`� A Y A � v ti. STATEMENT OF INTENT 'r I THE WATER SUPPLY AND SEWAGE DISPOSAL j SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT OF HEALTH SERVICES. .hoie (S' APPLICANT -- -� SUFFOLK COUNTY DEPT OF HEALTH SERVICES - FOR APPROVAL OF CONSTRUCTION ONLY i I ' DATE H S. REF NO APPROVED SUFFOLK CO TAX MAP DESIGNATION �rtde✓ COnSfr.) I DIST. SECT BLOCK PCL rOWNERS ADDRESS: i �, I DEED L. P �i• 9 �. TEST HOLE STAMP f' v.Pd true mo. I •� i G� T, tS.� 1 . : ` 1 r, ., • . �,ran:e�a ind cs:eu Ix o ` zi 'v. •- 'a �. 'f. to tr•a .F so7 or varies °� - --- --��;� :d CI•. ;A`♦ • :I'!J'1 F c ^.d on h s . 'C f j cot-faun <<re ar..� a�evot�ons r'r�1rr� �ou�rty fain. of i 1 j ,QevrSea fib_ F3 ,'9 SEAL v �j F"CF PT � ti / c Vq y cc < RODERICK VAN TUYL, P.C. r ' r- LICENSED LAND SURVEYORS J V GREENPORT NEW YORK TEUCvNE POST NBi379 Let♦ n (lJr vOrfUL d' APPEALS BOARD MEMBERS ; - SCOTT L.HARRIS b. t ? try Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. � Town Hall,53095 Main Road Serge Doyen,Jr. J' 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 February 28, 1991 Mr. George T. Schneider 800' Sterling Road Cutchogue, NY 11935 Re: Request for Rehearing Dear Mr. Schneider: This letter will confirm that the Board of Appeals was not able to receive a unanimous vote as required by New York Town Law, Section 267 at our Regular Meeting held February 22, 1991 The rehearing request is therefore deemed to be denied. Very truly your GERARD P. GOEHRINGE 7*' ' CHAIRMAN lk APPEALS BOARD MEMBERS SCOTT L.RABBIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. �, �� J ' Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 INTER-OFFICE MEMORANDUM CONFIDENTIAL TO: Matt Kiernan, Asst. Town Attorney FROM: Gerard P. Goehringer, Chairman 9W DATE: February 27, 1991 SUBJECT: Appl. No. 3939 - George Schneider Noncompliance with Zoning Restriction This memorandum is in response to your inquiry concerning the above file. At our Regular Meeting of February 22, 1991, the Z.B.A. discussed enforcement matters and reviewed its decision filed with the Town Clerk's Office on. July 17, 1990 in the above appeal. There is no disagreement with the Building Department (Gary Fish) that the ZBA decision with alternative relief for a sideyard setback at not less than 6 ' 3" is still in full force and effect under the zoning code and Town Law. We also understand that this project is outstanding with the Building Department since an "amended building permit" has not been issued to substitute the changes from the original permit, issued on 10/10/89 (prior to the ZBA' s determination) . The Appeals Board does not feel it is proper for it to be directly involved with enforcement of any zoning matters (unless there is a need for an interpretation under the zoning code or one of the ZBA' s actions) , particularly since its jurisdiction under an appeal is quasi-judicial. In this specific situation, there does not appear. to be a need for clarification of the Board' s decision; and accordingly, the Appeals Board refers any matter needing enforcement by way of legal proceedings via the Town Board who must authorize the appropriate "police power" to the Building Inspector (as per Town Law and Section 100-280A of the Town Zoning Code) . The same authority is granted in enforcement of. ZBA conditions rendered in an "appeal" process as is granted to the Building Inspector in the issuance of a Notice of Disapproval. Please let us know if there has been any change in this respect. APPEALS BOARD MEMBERS SCOTT L.RABBIS f Supervisor Gerard P.Goehringer,Chairman " 7a tb �'a Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. ry` 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 February 28, 1991 Mr. George T. Schneider 800 Sterling Road Cutchogue, NY 11935 Re: Request for Rehearing Dear Mr. Schneider: This letter will confirm that the Board of Appeals was not able to receive a unanimous vote as required by New York Town Law, Section 267 at our Regular Meeting held February 22, 1991 The rehearing request is therefore deemed to be denied. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk A�3 3 v tom VICTOR LESSARD Town Hall 53095 Main Road PRINCIPAL BUILDING INSPECTOR ` sir far' A ``� P.O. Box 1 179 Southold New York 11971 (516)765-1802 ;N FAX(516)765-1823 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD STOP WORK ORDER D FEB 151991 luu TO: GEORGE T. SCHNEIDER (OWNER) - P.O. Box 1185, Sterling Rd. , Cutchogue, N.Y. 11935 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 800 STERLING ROAD, CUTCHOGUE, NEW YORK SUFFOLK COUNTY TAX MAP #1000-104-1-29 Pursuant to Section: 100-283 of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: FAILING TO MEET SIDE YARD SET BACK AS SET FORTH BY ZBA DECISION #(3939 WHICH STATES THAT THE ATTACHED GARAGE NOT BE ANY CLOSER THAN 613" FROM THE EASTERLY PROPERTY LINE. CONDITIONS UNDER WHICH WORK MAY BE RESUMED:YOU MAY RESUME WORK WHEN THE PROVISIONS OF THE ZBA DECISION HAVE BEEN COMPLIED WITH AND INSPECTED BY THE BUILDING DEPARTMENT. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: OCTOBER 23 , '1990 G J. FISH UILDING INSPECTOR A 8 LDG.DEPT. TO OF SOUT - - le Alf SP ' f _ _ ��pfUl FORM NO. 5 TOWN OF SOUTHOLD rl IV BUILDING DEPARTMENT V TOWN CLERK'S OFFICE FEB 15 1991 SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date .......JAN. 8, TO ..GEORGE T. SCHNEIDER ................... .................................... (owner or authorized agent of owner) P .O. .O.T BAO7lX� 1185, 7T III Ti 1�T V i.r... 11935 (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: 1) CHAP. 100-284 ..2) Bulk Schedule (sideyard setback` Zoning Ordinance Other Applicable Laws, Ordinances-or Regulations ............................................ at premises hereinafter described in that ...1)..00CUPYING A RESIDENCE WITHOUT A .. ............................................................ (state character of violation) Ceretificate of Occupancy . 2) Failing to comply with z.b.a. decision ... ............................................................................................................................................. .#3939 which states that the attached garage not be any closer than 6 '3" .............................................................................................................................................................. from the easterly property line . in violation of ....CA...CHAR......1.0A-2B.4...A.I...(.Z)..Bu1k.., chedule (sidevard setback) . .. ... ...... .. .......................... (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned IMMEDIATELY The premises to which this ORDER TO REMEDY VIOLATION refers are situated at .800 STERLING ROAD CUTCHOGUE County of Suffolk, New York. SUFFOLK COUNTY TAX MAP # 1000— 104-0 1-29 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. ... .... .CG.0 ... ' Building Inspector l i - - BUILDING DEPARTMENT, APPEARANCE TICKET NO: 190 F ` TOWN OF SOUTHOLD Southold, Nt-w.York 11971 Issued to: _ commission of the offense of: Last Name .,_.1, s__ P;" 7`d First Name M.I. 33 wa Number and Street3; i r iJ I i.fr-is I a i ti •t,°;� contrary to the provisions of City or Town State Zip —• r x+i Section YOU ARE HEREBY directed to appear at the Justice of the code of the Town of Southold Court, 'Town of Southold(Town Hall)53095 Main Road (State Route 25), Southold, New York 11971. Dated: On the ?s,3 da of .: 3 l at , Issued. nd Subscribed,by: - y 19 at :�f o'clock in the - M. in connection with your alleged Building Inspector, Town of Southold IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED, A CRIMINAL SUMMONS OR .: WARRANT FOR YOUR ARREST MAY BE ISSUED. F0NM NO. a TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK-AUTHORIZED) 18565 N0 Z Date ..//........................................... 19.E/.. Permission is herebby�.gronted to: v ....... ....`� 14. ae�............................... ... .......... ................................................. ..¢ ... .. .... .�. . .... . ..... ... .. ..................... at premises located at .. ....... .................................................. . . ....... .,,... . .�.�G... ................................................ ................................................................................................................................................................. County Tax Map No. 1000 Section .........A?.JK Block .......... ... Lot No. ...... . 7........ pursuant to application dated ...... Q,1,�..................................... 19.e,r., and approved by the Building Inspector. Alf Fee $..�d../.1..c ................. u .t.. ' .r.................. Ildi Inspector Rev. 6/30/80 4pr1 18 , - 1990 Zoning Board of Ap,_eals Town of Southold Southold Town Hall Main Road Southold, N. Y. 11971 Re: George Schneider Premises- located-at Sterling Road, Cutchogue; mo Whom It May Concern: The undersigned are owners of property surrounding the lot with new house owned by Geroge Schneider on Sterling Road , Cutchogue, N.Y. It has come to our attention that TAr . Schneider has requested a variance due to the fact that his garage is not the required amount of feet away from the nronerty line dividing his property and that of land owned by the Estate of John W. Davis . We acknowledge by signing this letter that we have no objection to Mr . Schneider obtaining hi variance. / Dillave and Wilfred Kruse Shelley Boyd _ _ U Estate of John W. Davis by Dillave D. Kruse and Shelley Boyd, co-executrix Dill.aye D , r Bo use _ 6 'She]_ley I i I 1gp-y'^1� 1 LL �� APPEALS BOARD MEMBERSy;,';, � 1 SCOTT L. HARRIS u� y' Supervisor Gerard P. Goehringer, Chairman . `,,; ��- Charles Grigonis, Jr. '` � ,l � �`'� 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 July 13, 1990 Mr. George Schneider P.O. Box 1185 Cutchogue, NY 11935 Re: Appl. No. 3939 - GEORGE SCHNEIDER (Variance) Dear Mr. Schneider, Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities.. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office -County P-1-annirng oc��FFOC,��o z, ter` T Southold Town, Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1.,A.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. t 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 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 tcq call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHR NGER C% CHAIRMAN dff T 1 TOWN OF SOUTHOLD COUNTY OF SUFFOLK STATE OF NEW YORK S CI11'v ti'd C1 3 ------------------------, -----------X 4 TOWN OF SOUTHOLD 5 ZONING BOARD OF APPEALS HEARING 6 ------------------------------------X 7 Town Hall 8 53095 Main Road P.O. Box 1179 9 Southold, New York 11971 10 May 15, 1990 11 7 :37 P.M. 12 13 14 B E F O R E 15 GERARD P. GOEHRINGER, 16 Chairman. 17 BOARD MEMBERS: 18 CHARLES GRIGONIS, JR. 19 SERGE DOYEN, JR. 20 JOSEPH H. SAWICKI 21 JAMES DINIZIO, JR. 22 23 Doreen' Ferwerda , Secretary to Board 24 25 , • --,.w._ -1. . .::T: .. _ .. -..f . ..,e.. .. - .. .. ..5.... ... rh..it.e.7:::.1F - .. •:2'^:.1.i:1..�. -...._ .-._ :. 1 54 2 a motion closing the hearing and reserving 3 decision until a later time. 4 MR. DOYEN: Second. 5 THE CHAIRMAN: All in favor? g MR. GRIGONIS: Aye. 7 MR. DOYEN: Aye. 8 MR. SAWICKI : Aye. 9 MR. DINIZIO: Aye. 10 THE CHAIRMAN: The next appeal is 11 Appeal Number 3939, in behalf of George 12 Schneider. Variance to the Zoning 13 Ordinance, Article III , Section 100-32 , for 14 permission to construct a one family 15 dwelling, Bulk, Area and Parking Regulations 16 and insufficient side yard setback. 17 Property Location: 800 Sterling Road, 18 Cutchogue, County Tax Map Number 1000 , 19 Section 104, Block 01, Lot 29. 20 I have a copy of the survey produced 21 by Roderick Van Tuyl , P.C. , dated . . . which 22 is mapped on the 18th. I assume it was map 23 prepared on September 18, 1989, and revised 24 on February 28, 1990 . 25 The nature of this application is a 1 55 2 side yard setback for the attached garage 3 which at it closest point is two feet three 4 inches from the east property line and at 5 its furthest point , three feet nine inches. 6 The front of the house is three foot nine. 7 The rear of the house, with the garage 8 attached, is two feet three. I have a copy g of the Suffolk County Tax Map indicating 10 this and surrounding properties in the area. 11 Would you like to be heard, Mr. 12 Schneider? 13 MR. SCHNEIDER: George Schneider. I 14 am the property owner. I can answer any 15 questions you may have. 16 THE CHAIRMAN: How did you get that 17 piece, George? 18 MR. SCHNEIDER: Well , the people who 19 owned the property are people I have known 20 for a while, and when . I found out about the 21 property I approached one of the daughters 22 and she told me, and this is Ms . Cruz 23 (phonetic spelling) , that her father was 24 very ill and they had power of attorney to 25 sell the property. 1 56 � .� 2 We agreed on the piece and we even 3 walked on the property and were shown some 4 monuments where the three corners were. The 5 one corner is still in an overgrown area and 6 I still haven' t found it, but the three 7 monuments are there and until I got the g second survey, Ms . Cruz was under. the 9 impression this particular monument was in 10 fact the corner of the property. 11 I also found out , when I requested 12 the first survey for the Building Permit, 13 that I got a copy of an older survey that 14 they, in fact, didn' t come down and survey 15 the property and marked it, but I got the 16 survey and I went over to the property and 17 saw no new markers and assumed the monuments 18 were there. So there is no reason to remark 19 the corner with the monuments on it . I used 20 these to lay out the location of the house. 21 THE CHAIRMAN: What did you think you 22 had on that side, when you originally laid 23 out the house? 24 MR. SCHNEIDER: As far as what? 25 THE CHAIRMAN: The side yard. - i 1 57 2 MR. SCHNEIDER: The limit is 15 . I 3 wanted 15 1/2 , just to be on the safe side. 4 . I wanted to favor that side. That is the 5 side with the garage on it . g THE CHAIRMAN: Okay. You thought you 7 had 15 1/2 is what you are saying. g MR. SCHNEIDER: Correct . g THE CHAIRMAN: When did you detect 10 that you really only had about three . . . 11 three and a half? 12 MR. SCHNEIDER: I got the survey back 13 March 4 and I saw the distances, and went 14 back to the property and there was still no 15 markers except for a little nail and- the red 16 tape I guess they used for centering the 17 transit . And I contacted the neighbors and 18 told them and they were still under the 19 impression that the monuments were the posts 20 and there was a ribbon around the fencepost 21 on the corner. They always thought that was 22 the corner of the property, and I broke the 23 news to them and told them that I would have 24 to file for a variance and see what could be 25 done. 58 2 THE CHAIRMAN: I don' t have any 3 further questions at this point , unless 4 James does or anybody else on the Board. 5 Do you have any questions concerning 6 this? 7 MR. DINIZIO: Well , other than how 8 did 40 feet get on the other side? I am 9 having a hard time understanding. 10 MR. SCHNEIDER: All right . There is 11 a monument at each front corner, and on the 12 property line in question there is a 13 monument in the rear which everyone involved 14 thought that that was , in fact, the corner 15 of the property. The fourth corner is in an 16 overgrown area that still hasn't been 17 cleared out, and I never considered it 18 necessary to find that corner. If I had 19 three, I could plot the house. 20 I wanted to favor this side. I had 21 the front line, the side line. I went back 22 off the street and came off to that line to 23 place the house. i 24 MR. DINIZIO: How much distance do 25 you have between now your garage and 1 59 2 the house? 3 MR. WILLIAMS: I would have to 4 measure it. I would say it is at least 40 5 . . . 45 feet. Each piece was divided equally 6 and on road frontage they are each 133 feet . 7 MR. DINIZIO: Thank you. 8 THE CHAIRMAN: Thank you. We will 9 see whatever develops . 10 Is there anybody else that would like 11 to speak in favor of this application? 12 MS. CRUZ : Dillaye Cruz . I am the l 13 neighbor that he is speaking of , and it is 14 the house that is in estate form. It is my 15 father's estate. My sister and I are the 16 owners of it now. We have no objection to 17 George's house being that close, and we are 18 in favor of him getting a variance. 19 THE CHAIRMAN: Is there anybody else 20 that would like to speak against the 21 application? 22 Any further questions from any Board 23 members? 24 George, what is the overhang on that 25 side of the house? 1 60 l�J 2 MR. SCHNEIDER: There is a one-foot 3 soffit. 4 THE CHAIRMAN: Basically, that 5 encroachment , that measurement of two foot 6 three inches does not include that overhang; 7 is that correct? 8 MR. SCHNEIDER: I don' t know. 9 THE CHAIRMAN: We will go down and 10 remeasure it . Thank you. 11 Is there anybody else that would like 12 to speak in favor of this application? I 13 make a motion closing the hearing and 14 reserving decision until later. 15 MR. DINIZIO: Second. 16 THE CHAIRMAN: All in favor? 17 MR. GRIGONIS: Aye. 18 MR. DOYEN: Aye. 19 MR. SAWICKI : Aye. 20 MR. DINIZIO: Aye. 21 THE CHAIRMAN: Thank you very much 22 for coming in. 23 The next appeal is Appeal Number 3932 n 24 in behalf of Robert Gredick. The legal 25 notice reads as follows : 1 90 2 MR. DOYEN: Aye. 3 MR. GRIGONIS: Aye. 4 MR. SAWICKI : Aye. 5 MR. DINIZIO: Aye. 6 (Time noted: 9: 27 p.m. ) 7 8 9 I , GAIL ROSCHEN, do hereby certify, that I am 10 an Official Court Reporter and that the foregoing 11 constitutes a true and accurate transcript according to my 12 official stenographic notes . 13 14 L ROSCHEN 15 Official Court Reporter 16 17 18 19 20 21 22 23 - - 24 25 , .: - >.a 4:fu,a... ;,. .: . ... . . ".- _ _:. .. .... .- .. .. .:IN S.,,x�-1:y4,r -}.... .. „�i. ._e.`...a«.-:�...k.�._.�3�.x:„• r F: .J _I ff 9L P � F APPEALS BOARD MEMBERS `, `� SCOTT L. HARRIS 5 Q �� Supervisor Gerard P. Goehringer, Chairman °� '`" Charles Grigonis, Jr. r 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 April 27 , 1990 Mr. George Schneider P.O. Box 1185 Cutchogue, NY 11935 Re: Appl. No. 3939 - GEORGE SCHNEIDER (Variance) Dear Mr. Schneider: This letter will acknowledge receipt of your application for a variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the ou&de corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about May 15, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience -during this period of transition within. our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN GPG/df r GAL i4j, APPEALS BOARD MEMBERS 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 James Dinizio, Jr. BOARD OF APPEALS Southold;.New York 11971 - Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 May 15 , 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3939 Project/Applicants: George Schneider County Tax Map No. 1000- 104-1 -29 Location of Project: 800 Sterling Road , Cutchogue , NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one- family dwelling with insuffi.cient sideyard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that .no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617. 2jj , this Department is excluded as an involved agency. This determination. shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main. Road, Southold, NY 11971 at (516) 765-1809. ! me t i �: SCOTT L. HARRIS APPEALS BOARD MEMBERS ; ` ,. R�.: 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 May 9, 1990 TO WHOM IT MAY CONCERN: The Board of Appeals Regular Meeting will be held on TUESDAY, MAY 15, 1990 not as shown on the Legal Notice - Thursday, May 15, 1990. Very truly yours, Gerard P. Goehrigner, Chairman ZBA/df LEGAL NOTICES FOR May 1990 .Meeting - Sent out on or about 1990 _ George Schneider #3939 - George Schneider , P. O. Box 1185 , Cutchogue ,NY 1-1935 Peter Helinski for Harold Taubin #3940-1570 Pequash Ave . , Cutchogue 10 for Robert Gredick #3923 Vincent Annabel , 4300 Stillwater AVe . , Cutchogue - #3929SE Ms . Pamela Valentine , 249 West 49th St. , . New York ,NY 10001 for #3933 Richard H. . Schaefer , Inc. , 117 West Bayberry Rd. , Islip , NY 11751 for Mone #3932 ` Joseph Berardino , 37 Avery Rd. , Woodbury ,NY 11797 for JCM SAles & Leasing #3935 Joseph Shipman , 985 Elijahs Lane , Mattituck for #33931 � Environme-nt East , 3075 Indian Neck Lane , Peconic ,NY 11958 for Stern #3934° Thomas T. McVann , Jr , Esq . , P. O. Box 827 , Westhampton Beach ,NY 11978 for Lohn #3937 Charles Cuddy , Esq . , 180 Old Country Rd. , Riverhead ,NY 11901 for Village Marine #393 `� Thomas McCarthy , P dg Corp P. O. Box 1145 , Southold ,NY 11971 for Lucas' #3802S Land Use Co . , 2576 Sound Ave . , Baiting Ho11ow ,NY 11933 for Geoo g,LoP_6_LLAQs3941 �cc.v gel 't i a/CL" Henry Raynor , P. O. Drawer A. , Jamesport ,NY' 11947 for Crea19„#3942, Paul Caminiti , Esq . , P. O. Box 992 , Southold , NY 11971 for G�reg ' s" Sea Food #3943 James V. Righter , 58 Winter St. , Boston , MA 02108 for Rafferty #3911 For Aliano (Peguash Commons ) # .90,7 Henry Raynor , P. 'O. Drawer A. , Jamesport , NY 11947 Nancy Sawastynowicz , 1100 Alvhs Lane , Cutchogue ,NY 11935 Karen J . Hage , Esq . , Wickham ,Wickham , Gressler , 0. 0. Box 1424 , Mattituck 1194 Deborah Doty , Esq . , P. O. - Box 1181 , Cutchogue ,NY 11935 signs are not a pert l use in .Main Road,Laurel,County Tax this district.Propez cation: Map'No. 1000,'Section 125,., lion he Zoning Ordinance; 69435 Route 48 &'-» Sound NOTICE 01F HEARINGS Block 01, Lot 19.7. ' Article III, Section install C.n Road, Greenport, County Tax P• Appl.NOTICE IS HEREBY (E),for permission to install an 8:35 m. A 1. No. 3942= . l GIVEN; pursuant to Section .. Map No.. -1000, Section 35, DAVID & MARY- ANN 1 off-premises sign. Property Block 1, Lot 8. 267 of the Town Law and the CREATO.Variance to the Zon- Code of the Town of Southold, . Location: 43600 County Road g:05 p.m. Appl. No. 3945- ing Ordinance,Article III, Sec: the following hearings will be !/48, : Southold,County Tax Map BIDWELL WINERIES. Vari- tion 100-31(A)1,for permission held by the SOUTHOLD No. 1000,Section 063,Block Ol, to have a second dwelling,only Lot 1.6. .:. ance to the Zoning Ordinance, g Y TOWN BOARD OF APPEALS Article III, Section 100-30 for (1)family dwelling permitted on at a Regular Meeting, at the 8:00 p.m. Appl. No. 3943- permission to set up a tem- each lot. Property Location: . Southold Town Hall, Main GREG'S SEAFOOD DOCK& porary tent for,cultural.events. 3539,(ROW) Cox Neck Road, Road, Southold,NY 11971, on _ MARKETING, INC. Special. Proposed tent doesn't address Mattituck,County Tax Map No:. TUESDAY, MAY 15, 1990, at Exception to the Zoning Ordi- this condition in A-C Zone Dis- 1000,Section 106,Block 08,Lot the following times: nance, Article III A, Section' hict. Property Location: 18910 7:30 p.m. Appl. No. 3940- .100-30 A.2 C(l) (100-31C), fora 'County Road.N48, Cutchogue, 8:40 p.m: Appl.'No:.3941 . 'HAROLD AND SARA TAU- permission to construct an'off- County Tax Map No. 1000,Sec- C O N S TA N T I N E BIN. Variance to the Zoning premises, 'sign: ,.Off-premises:; lion 096, Block 04, Lot 4.3. ••GEORGIPOULO&Variance to Ordinance, Article III A, Sec- signs are not a permitted use in 8:10 m. A 1 No. 3929- the Zoning Ordinance;.Article "' P PP IIIA, Section 100-30A.3,.for,`.; •-,;.tion 100-30A.4(100-33)for per=`'` phis district.Property Location:_: VINCENT ANNABEL..Special mission to construct an acces- 69435:Route 48 &'55 Sound . :Exception.to the.Zoning OrdiT Permission to construct,a one sory building in frontyard area. . Road, Greenport, County Tex `nance,.:Article III Section family dwelling.;Proposed cool Accessory buildings may be Map No '1000, Section 35,. 100-31, for.permission to have struction will have.insufficient� -• located in the required rear yard' Block`I, Lot 8.: an front setback: .Pro yr� s ; s accessory apartment.Proper- Yard perty'" s�Property Location 625 Terry !' 8:05 p.m: AppI. No:'3945 . �ji� c n 3Q0StillwaterA, Location: ,1300 Lake -.Drive,' Lane, Southold, County Tax BIDWELL-WINERIES.' Vari-`. nue, Cutchogue, County Tax Southold,County Tax Map No. ' Map No. 1000, Section.65,, ance to the Zoning Ordinance Map No. 1000, Section. 137; 1000, Section 59, Block 1; Lot Block 1, Lot 23. Article III, Section 100-30, 4, Block 2, Lot 21.. . 21.6&21.7.:,•: +';•« 7:35 p.m. Appl. No 3937 `permission--to-'set up "a`tem' 8.15 p.m. Appl. No. 3932 . 8:45 p.m. Appl No. 3911+ PATRICK LOHN. Variance to porary tent for cultural events. MATHIAS AND MAUREEN WALTER, RAFFERTY. the Zoning Ordinance, Article Proposed tent doesn't address MONE.Variance to the Zoning Variance .41 the Zoning D XXIII,Section 100-239.4 B,for this condition in A-C Zone Dis- Ordinance, Article XXII Sec- dinance,Article XXIV,Sectio. permission to construct a deck. trict. Property Location: 18910 tion 100-239.4 A,for permission 241A, (Article XXVII, Section Proposed construction will be County Road #48, Cutchogue, to construct a swimming pool. ' 100-281(3),as disapproved,for u less than 75 ft. from the bulk- County Tax Map No. 1000,Sec Proposed construction will be permission to construct ad. head. Property Location: 2480 lion 096, Block 04, Lot 4.3.. within 100 ft. of Long Island tions and alterations to garage Minnehana Boulevard, 8:10 p.m. Appl. No. 3929 Sound.Property Location:2830 With apartment. Garage living ? a Southold,County Tax Map No. VINCENT ANNABEL.Special Grandview Drive,Orient,Coun- quarters has been dormant long J 1000, Section 87, Block 3, Lot Exception to the Zoning Ordi ' ty Tax Map No. 1000, Section enough to lose its non 57• nance, Article III, Section 014, Block 02, Lot 3.5. conforming status and the use 7:40 p.m. Appl. No. 3935- 100-31, for permission to Pave 8:20 p.m. Appl. No. 3939- thereof.Property Location:East.,,::- JCM SALES AND LEASING. an accessory apartment.Proper GEORGE SCHNEIDER.Vari-; End Road, Fishers Island, Variance to the Zoning Ordi= ty Location:4300 Stillwater Ave- ance to the Zoning Ordinance, County Tax Map No. 1000,Sec nance, Article XXIII, Section ' nue, Cutchogue, County Tax Article III, Section 100-32, for tion 03, Block'07, Lot 05 239.4, for permission to con- Map No. 1000, Section 137, permission to construct a one 8:50 p.m.'AppL No. 3938- o struct an accessory deck, pro- Block 2, Lot 21. family dwelling,Bulk,Area and VILLAGE MARINE.Variance- posed construction will be less 8:15 p.m. Appl. No. 3932- parking Regulations and insuf- . to the Zoning Ordinance,� p than 100 ft.from the top of the MATHIAS AND MAUREEN ficient sideyard setback.Proper- . cle XII,Section 100-112,Article bluff..Property Location:62825 MONE.Variance to the Zoning ty Location:800 Sterling Road, 'XII,Section 100-111(c)l,Article..•:. North Road,Greenport,Coun- . Ordinance, Article XXII, Sec Cutchogue, County.Tax Mapes XXIII, Section.239.4, for per='; ty Tax Map No. 1000,Section 40 don 100-239A A,for permission' No. 1000 Section 104 Block Ol mission to enlarge'pre existi1122-1 Block 01, Lot 11.1. �.; to construct a swimming pool. Lot 29 _ „.; 1 J" marina building and install bo ". 7:45 p.m. Appl. No. 3934-:" proposed construction will be g;25 p.m 'Appl. No. 3932 rack (outside)._Property Loca� JOYLON STERN. Variance to -within 100 ft. of Long Island ROBERT GREDICK.Variance tion: 175 Bay Avenue, Matti- ; the Zoning Ordinance, Article Sound.Property Location:2830.: to the Zoning Ordinance,Arti= tuck, County.Tax ;Map, No. XXIII, Section 100-239.4 A(l), Grandview Drive,Orient,Coun- cle IIIA,Section 100-30A.3,At- 1000,Section 122;Block 03,Lot. At- for permission to construct ad- ty Tax Map No. 1000, Section,: 151 `z P- ticle IIIA, Section 100-30A.4 dition to one familydwelling. 014 Block 02, Lot 3.5. The Board of A e g " Proposed construction will,be 8: 0 p.m. Appl. No. 3939. (100-33),for permission to con- pp als will at. struct addition to dwelling and 4 said time and place hear any and.. less than 100 ft.from the top of GEORGE SCHNEIDER.Vari.,; accessory garage in front yard Persons or representatives de- :{ the bluff. Property Location- ance to the Zoning Ordinance,. area.Proposed construction will siring to be heard in each of the 63035 County Road 48;Green- Article III, Section 100-32, for have insufficient front yard set- above matters. Written.com- port, County Tax Map 1000; permission to construct a one' back and accessory building's ments may also be submitted Section 40, Block 01, Lot 13. family dwelling,Bulk,Area and, may be located in the required prior to.the conclusion of the 7:50 p.m. Appl. No. 3933- Parking Regulations and insuf rear yard. Property Location subject hearing. Each hearing PAMELA VALENTINE. Vari- ficient sideyard setback.Proper 7825 Nassau Point 'Road & will not start before time allot ance to the Zoning Ordinance, ty Location:800 Sterling Road,. Clearwater Lane; Cutchogue, •'led.'Additional time for your ' Article XXIII, Section Cutchogue; County Tax' Map County Tax Map.No. 1000,Sec- presentation will be available,�if 100-231A, for permission to No. 1000,Section 104,Block 01 lion 118, Block 04, Lot 06: needed:.For.more information, construct an 8 ft.fence in front Lot 29. ` ► 8:30 p.m. Appl. No. 3931- please call 765-1809 yard area. Fence in-the front :00 p.m. Appl. No. 3943 J.OSEPH SHIPMAN.Variance Dated May 8, 1990 r yard area not to exceed 4 ft. in GREG'S SEAFOOD DOCK&I to the Zoning.Ordinance;'Arti '-'r"' `BY ORDER OFF height ,Property..Locatio.n MARKETING, INC: Spectal: �? �STHE SOUTHOLD TOWN cle' X, Section :100-102,...for c 34655 Main•-Road, Orient, :Exception to"the Zoning Ordr- permission to tnst Lute a second L �k `T :BOARD:OF APPEALS County Tax Map No. 1000,Sec ;nance,'Article III A, Section. business,'Bulk,Area and Park GERARD P.GOEHRINGER3E� lion 019, Block Ol; Lot,S.&6 100-30 A:2 C(1) (100-31C), for ink Requirements:Property rnn `•t, CHAIRMA i 7:55 p.m_ Appl. No. 3936- � permission to construct,an o tains less than required business by Doreen FerwerdeT_ LUCAS FORD. Special Excep��. • premises stgn ::Off-premi area. PrnnrrtL"T nr s1in.;• Akio'; as"f k it. N- IX..5/10/90:(30) 8:00 p.m. Appl.No. 3943 — GREG'S SEAFOOD DOCK & MARKETING,INC.Special Excep- _ lion to the Zoning Ordinance,Arti- 8:35 P.M. APPI• No. 3942— NUl'10E OF HEARINGS " cle III DAVID NOTICE IS HEREBY GIVEN, (100-31C) Mis3 on tto con, &MARY'4IVN CREATO. Pursuant to Section 267 of the Town struct an off-premises sign. Off- Variance to the Zoning Ordinance, Article III 06-31(A)1,for Southold, Codl of the Town of premises.signs are not a permitted Permission Southold, the following hearings use.in this district.Property Luca- g, only(1 hive_ a secon Will be held by the SOUTHOLD lion: 69435 Route 48&55 Sound dwelling, y O family dwellin TOWN BOARD OF APPEA permitted on each lot-Pro Lo- Regular Meeting, at the Southold Noa 1000,Sectoion 3o t T 1.Map cation: 3539 (ROW) Cox Road,Mattituck;Count Ta Neck Town Hall, Main Road,Southold, 8. y Trur Map NY 11971; on TUESDAY. No, 1000.Section 106.Block O8, 15.1990,at the followingMAY 8:05 p.m. Appl. No- 3945 - Lot 51.. , 7:30 times: BIDWELL WINERIES.Variance to 8:40 P.M. gPP1• No. 3941 — P•m. Appl. No. 3940— the Zoning Ordinance,Article III,- CONSTANTINE GEORGIPOU- HAROLD AND SARA TA UBIN.. Section 100-30,for permission to set Variance to the ZoningLOS. Variance to the Zoning Ordi- Article III A,Section 400-30A.4 events..Proposry ed dtent for cult ral ranee,Article IIIA.Section 100- (100-33_for 30A,3,for permission to construct a Permission to construct dress this_condition in.A-C Zone one family dwelling. Propose. an a con- ccessory building in frontyard District. Property Location: 18910 sttucdon will have insufficient front area Accessory buildings may be County#48.Cutchogue,County Tax. located in the required rear yard, Ma yard setback, property Location: Pro P No..1000,Section 096,Block 1300 Lake Drive,Southold,.County Perry Location 625 Terry:Lane, 04,Lot 4.3.''. Tax Ma Southold, County Tax.Map No. P No.•1000, Section 59, 1000,S 810 Appl. No. 3929 - Block 1,Lot 21.6&21.7. Section 65,Block I.Lot 23. VINCENT ANNABEL Special Ex- 8:45 P.M. A 7:35 p.m. APPf Nor3937— PP1• No: 3911 — PATRICK LO ception to the Zoning Ordinance, WALTER RAFFERTY• Variance to ram,....._ _FIN. Vari„a-no the_ Article III,Section 100-31,for per- the Zonin Zoning Ordinapce,•Article XXIII, mission to have an access XXIV, con 24 ice, Article' Section 100-239 4 B,for °n'apart- Section ,241A, (Article Permission -.meat Property Location:4300 Still- �VII.Section 10-0-2g1 to construct a deck. Proposed con- water Avenue,Cutchogue, County approved,for permission s dis- stnuction will be less than 75 ft.from p No. 1000, Section 137 P;trriission to con- Tax Ma struct additions and alterations to: the bulkhead, Property Location: Blh 2,Lot 21. garage with apartment.2480 Minnehaha Boulevard, 8:15 p•m. Appl: N_o. 3932— in g P rtment Garage liv Southold, County Tax Map No, 8 quartets lies been dormant long MATHIA& AND � MAUREEN, enough to loose its non-co 1000,Section 87,Block 3,Lot 57. MONE. Variance to the Zoning status anduse �mpe 7:40 P.M. Appl. No. 3935— Ordinance,Article XXII,Section Location: East End Road,Fihers JCM SALES AND LEASING,Vari- 100 239.4 A.for permission to con_: Island,County Tax Map No. 1000, ance to the Zoning Ordinance;Arti-( struct a swimming pool.Proposed; Securer 03,Blodt 07,Lot 05. :cle XX]II,Section 239.4,for per- construction will within 100 ft.of. 8:50 p.m. Appl.mission to construct an accessory; �d., VILLAGE PP No: 3938--a �1rd SGulr _ deck,proposed construction will be t-" _ ,a m' - ,+ the ZoningMARINE. Variance to less than 100 ft from the top of the: lion:2830 Grandview Drive;Orient," Ordinance,Article County Tax Map 3�10. ]000,Section Section I00-112,;Article XIL bluff. Property Location:County Tax tion.100-111 C l; Sec- North Road,Green 014,Block 02,Lot 3.5. Section -1114,) Article XXIII;d port,County Tax for permission to Map No. 1000,Section 40,Block :20 P•m. Appl. No. 39 — barge preexistin 01,Lot I I.I. :GEORGE SCHNEIDER. Variance and install 8 rr1er' a building; to the Zoning Ordinance,Article boat rack(outside).pry_7:45 p.m. Appl. No. 3934 III, arty Location: 175 Ba JOYLON STERN. Variance to the to 100-32,for permission to Mattituck, y Avenue, Zoning Ordinance, Article XXIII, `.construct a one family dwelling, County Tax Map No: Section 100-239.4 A(1),for per' Balk,Area and Parking Regulations 101. Section 122,.B1ock 03.Lot 15.1. • mission to construct addition to one and insufficient sideyard setback. :'The Board of A` family dwelling. Proposed con- Property Location: 800 Sterling time and place heapr a will at said sttuction will be less than 100 ft5° Road,Cutchogue,,County Ta:i Ma Bona or y and all Per- i P reprt sentativea desiring from the top of the bluff.Property No. 1000,Section 104,Block 01, -. _._. Lot —„`�`Wm�ectt.of the above matters. Location: 63035 Cqunty Road 48, =Written Greenport,Coupty'Tax Map No. 8:25 p.m. Appl. No.'3932— rnitted OD eats may also 6 sub- 1000,Section 40,Block 01,Lot 13. ROBERT GREDICK. Variance to 'subject hearing.,rior to the conclusion of the 7:50 p.m. Appl. No. 3933 — the Zoning Ordinance,Article IIIA, not start Each hearing wig PAMELA VALENTINE, Variance Section 100-30A.3,Article IIIA, dorsal before time allotted Addi- to the Zoning Ordinance, Article Section 100-30A.4 (100-33). fo �1e for yowPresentation will �.orm available if needed, For more ��.Section 100-231 A.for per- permission to construct addition t please call 7 mission to construct an 8 ft fence in dwelling and accessory garage i Dated Me g 65'18W: front yard area. Fence in the front front yard area. Proposed conswc y .1990 . yard area not to exceed 4 ft. in tO11 have insufficient front y THE SOUTHOLp TOWN height.height. Property Location: 34655 30��and accessory buildings ma Main Road,Orient,County Tax Map be located in the required tear and BOARD OF APPEALS No. 1000.Section 019,Block 01, Property Location:',7825 Nassa GAD P.�EHRINGER Lots&6. Point Road & Clearwater Lane —` CHAIRMAN, 7:55 p.m. App1. No. 3936 Cutchogue, County Tax Map No 6677-1TM by Ian Ferweme . LUCAS FORD, Special Exception 1�,Section 118.Block 04,Lot 06. —"_Y10 m.... to the Zoning Ordinance,Article in, 8:30 p.m. Appl.No. 3931 Section 100-31 C.9(E),for penis_ JOSEPH SHIPMA 4.Variance.to the sion to install an off-premises sign. . Zoning Ordinance, Article X,Sec- Property Location:43600 County tion 100-102,for permission to in- Road ii48,Southold, County Tax. solute a second business,Bulk,Area l Map No, 1000,Section 063,Bock and Parking Requirements.Property r'cn' � 01,Lot 1.6 contains less than required busiaeaa area.Property Location:6619 Main Road,Laurel,County Tax Map No. 1000,Section 125,Block 01,Lot; 19.7, _.. V o APPEALS BOARD MEMBERS n=�+ SCOTT L. HARRIS, Supervisor . Gerard P. Goehringer, Chairman Q 0� Charles Grigonis, Jr.' �01 `�� Town Hall, 53095 Main Road Serge.Doyen, Jr. P.O. Box 1179 Joseph H. SawickiSouthold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 May 15 , 1990 S.E..O.R.A. TYPE II ACTION DECLARATION Appeal No. 3939 Project/Applicants: George Schneider County Tax Map No: 1000- 104-1 -29 Location of Project: 800 Sterling Road , Cutchogue , NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one-family dwelling with in.suffi.cient sideyard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be -implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main, Road,. Southold, NY 11971 at (516) 765-1809. me �oc��FFOL��oGy o tat Town Hall, 53095 Main Road P.O. Box 1179 Southold,New York 11971 JUDITH T.TERRY FAX(516)765-1823 TELEPHONE(516)765-1801 TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD D 46 TO: SOUTHOLD TOWN ZONING BOARD OF APPEA FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3939, GEORGE T. SCHNEIDER DATE: APR I L 13, 1990 Transmitted is application for variance submitted by GEORGE T. SCHNEIDER together with notification to adjacent property owners; Notice of Disappproval from the Building Inspector; Zoning Board of Appeals Questionnaire form; short environmental assessment form; Deed; and survey of property. Judith T. Terry Southold Town Clerk �NO,iECT I U, :aurlUER .. ApN«;dix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORi11 PART 1— For UNLISTED ACTIONS Only PROJECT INFORMATION (To be completed by Applicant or project sponsor) �• APPLICANT/SPONSOR ��� ic6F �- �c�ryE 2. PROJECT NAME �. PROJECT LOCATION: Munlcloanty G GI TC y-,4" 4- PRECISE LOCATION(Street address and road intersections,prominent landmarks.nty etc,or provide map) SK�.v 5. IS PROPOSED ACTICN: 1Jow Esoanslon 6. DESCRIBE PROJECT BRIEFLY• 1•I°difieatlonlalteratlon r�'�vcs CT�o�I iAl SiP>c �/s�2a GG iC�e— T_ AMOU::£OF LA,^aa ECTED:. Initially Al �1 acres Ultimately 11 /✓ Il. YlILL PROPOSED ACTION CC:.IPLY WITH EXISTING ZONING OR OTHER EXISTINGa cres ❑Yea LANO USE RESTR1CTIONS7 ❑NO If No.describe briefly �44 . 9. YIHyAT'S PRESEur LAND USE 1N VICINITY OF PROJECT? LJ Aes�dcntial ❑industrial r Descrioe: 10 Commercial ❑Agriculture ❑Park/Forest/Open space ❑other I0. CCES ACTICN INVOLVE A PERMIT APppOVAL,OR FUNDING.NOW OA ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGE - STATE OR LOCAU7 - rLy1� NCY(FEDERAL. Yes t/o If yes,list agency(s) and P ermit/a pprovals It. COES ANY ASP T CF THE ACTION HAVE A CURRENTLY VALID PERMIT On APPROVAL? ❑Yes rlo If Yes,list agency name and permll/approval • 12. AS A NESULI OF PROPOSED ACTION VrILL EXISTING PERMIT/APPROVAL REOUIfiE MODIFICATION? ❑Y!� rid ' I CERTIFY THAT THE INFORMATION pROVIOED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPlicantrsponsor name: ©e,5-6- �T Dais: Gt/L /o �ppa Slgnaturu: . II the 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. m..Enviran of this form, and ntal Quality Review Act before an environmental review w requires any action is taken, ill i,o n:aae L thi�L�sion Y .,uaru SHORT ctrVTR0?7A1F*ITA 1 I:IST3L'C^-�• L• ASSESS�IE`IT F(7R.�1 ..that the In order to answer th preoarer will project and use curroe questions in this short EAF' it is assumed additional s the lik of the likely impacts ntly available it concerning the tudies, research or action. It other investigatio is ns notwil ebected that (b) If an a undertaken. nificant and Ion dIohas been answered Yes the project Environmental Assessment Form pisjnecessa b. sig. (c) If all arY• project is not questions have been answered No it is likely that the significant. (d) Environmental • Assessment 1. Will project result in a larce oh . to the oroject site or h Ysical change than 10 acres of land? p Ysically alter more e be a / 2- Will the_- — Yes _✓O major chance `to any uniqu unusual land form on the site? e or 3- Will project alter or have _ Yes an existing body of water? a large effect on 4- Will project have a —Yes ✓No groundwater quality?potentially large impact on 5. Will project significantly effe __ Yes X10 on adacentsits ct drainage flow 6. Will _ct pro e _ Yes V Yo 7 affect� any threatened or ma endangered plant or anil species? 7. 47ill --Yes X10 project result in Yes major adverse effect on air quality? Yes ✓ "8. Will _ acterpof7the com.�nunitave a 37or effect on visual char- known to be im ortant/ or scenic views or vi - • p to the community? stas 9. Will project adversel _Yes o ure of historic, Y inoact any site or struct- ure pr�-historic, or paleontological. importance or any site designated as a critical envircnmental area by a local agency? / 10. Will _.Yes Project have a major effect on existing or , future recreational opportunities? / 11. Will Yes ✓yO caul project result in major traffic problems or e s major effect to existing tran-sportation • systems? / 12. Will ProjectYes ors, J No • regularly cause objectionable od noise, glare, vibration, or electrical disturb- ance as a result of the project' , operation; 13. Will Yes or safety? �No Project have any impact on public health li. Will project .Yes ✓ N° directly causingc1t the existing community by tion of more than growth in permanent ponula- period or have 5 percent over a one-YcaChe �/- charactcr of a major negacive effect on --Yes V '!o the community or neighborhood? 15. Is there Public controversy concerning the preParer•s Signature: __: Yes �_!o R00rczenting 23a V/75 Eo GE ate, Aloe) /o i4ga QUESTIONNAIRE TO BE CO;QPLETED AND SUBMITTED WETIi YOUR APPLICATION F OPI-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 No 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 o b)Are there any areas open to a waterway without bulkhead? Yes o 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, concrete barriers, decks, etc? Yes V 5. 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 No 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: /AS6s r2�s1D�MTiAL s�-2��T��e� 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 Town Trustees Yes County Health Department Yes Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of ,names or purchasers 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 No 12. If 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 of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed A10,14-ram Please submit photographs for the record. I certify that the above statements are true and are being submitted for ;reali,an,r:y the Board of Appeals in considering my application. (Property, Owner �Auho=.e`dl,.Tentl������ 1/88 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 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 :uij:icent 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 21, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, ( of the Environmental Conservation Law of the State of Ne%.v York;and • (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1):ind lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." � ', . aividual or Corporation, lsiugie ancc � .For m 8002*8-97-20M—Bi'rEa ;l Sale Deed,}vitli Covenant against Grantor's Acts—In i3241 I CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INS OkENT SHOULD BE USED BY LAWYERSS4ONLY. � day of , nineteen hundred and EIGHTY—NINE THIS INDENTURE,made the Y BETWEEN JOHN W. DAVIS , as sole Legetee in the Last Will and Testament of Dillaye Riendeau Davis , who died a resident of Suffolk County, New York on 11/29/82 • Said John W. Davis residing at No# Sterling Road, Cutchogue, N.Y. party of the first part, and George T . Schneider , residing at No # Sterling Road, Cutchogue, N.Y. party of the second part, I TNFSSETH,that the party of he first part,in c hereby grant andtrelease unto ion of Ten he party of the second part,considerationllars and other valuable � the heirs paid by the party of the second part, or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being See Shedule A Attached hereto and made a part hereof. .LTRA- NSFER EAL ESTATE 1989 324 1 TAUFFOLK OUNT`( , TAX MAP DESIGNATION ` TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and Dist. 1000 TOG1✓ g roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances l Sea. 1104 and al the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of Blk. 01 the party of the second part forever. Lot(s): 29 AND the party of the first part covenants that the party of the first part has not done or suffered anything f whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of t the consideration for this conveyance and will hold the right to the first part will receive receive such consid- applied first for the purpose of paying the cost of the improvement and will apply eration as a trust fund t o th the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the d y and year first above �, written. IN PRESENCE OF: _ John W. Davis by �.04&- attorney in fact ­gTm-nTrarf- 1091, r LAND TREE ,IN S> E CCC•r n"' G6611245 XBEDUIE A BY THIS POLICY r ESTATE OR INPERE ST COVERED <<{" THE INSURED HAS THE THE PREMISES IN WHICH XMcw 9-5-89 i rovementsNew iece or panel of land, with the buildings SSuffolkk County. ALL that certain plot, p in the Town of Southold, entitled, "� of thereon erected situate, lying on a certain map designated as part of Lot No. 125, of the County of Suffolk on March York, known the Office of the Cle jerk and described as follows: Nassau Farms and filed part of lot being 23, 1928 as �P No. 1179, said � corner goad at the southeasterly point on the northerly line of Sterling degrees 48 minutes 50 seconds BEGINNING at a p described which Point is South 69 deg Road from a of the premises herein nor the: line of SteRoa� the westerly West, a distance of 366.87 Beet along line of Sterling monument at the intersection of the northerly utes line of Horton Road. South 69 degrees 48 min ow song the northerly line of. Sterlingn or formerly of R.L. Riendeau; 50 seconds West, a distance of 133.33 feet to lam two (2) courses. and distances as follows: Tim along said land of Riendeau North 23 decrees 50 minutes West, a distance of 182 Beet; 1• distance of 133.33 feet to land of 2. North 69 degrees 48 minutes 50 seconds East, a the party of the second part ; second pa of thert, South 23 degrees 50 minutes TM= along said land of the feetpar o the monumen on the northerly side of Sterling Road, East, a d istanlacef of BEGINNING• the point or p ht, title and interest of, in ONE, (q+ogether with all rig roads abutting the above FOR CONVEYANCING p,NrING( to any streets and IF INTENDED -FOR 0DNVEY (arid t(described premises, to the center line thereof• I ;I 'i i } t 'I .. l/ rye w 'Ir t , r , ZIP€� C$ @ Date M ..:�.�.:.......'S ».. .`-. County Recording Officaf or;Authgnzed Agent forward' x the SBEA COPY of 'the EA-5217 :at the.::end of each month to AT ; - .NEW PORK ST, Division of Equalization.&Assessment Ls1, Property.Valuation Bureau n -. ;:. n H61low Plaza v .. : - ;. 16 Sheridan Avenue: Albany,NY 12210 27.14 ' Attention Salps.., : . .STATE OF NEW YORK ) ss. . COUNTY OF SUFFOLK ) On the . Sty'' day',of Septembet, 1989, before me came DILLAYE D. KRUSE, to me known to be the-,,attorney-in-fact of: JOHN W. DAVIS, 'the individual described in arid .who as his said Attorney-in-Fact executed the foregoing instrument and duly acknowledged .before me -that ibe executed the same as the act and deed of JOHN W: DAVIS.;. hereih described and is the person therein mentioned by, virtue 'of.a Power of Attorney duly- executed- by the said JOHN W. DAVIS on the 13th day of February, 1989. /tr'p It e`o lve z? fl o "` ray p o`J`y ,few / notary/pu tic ift4915M 38argain ant fibaie 3®eeb SECTION 104 WITH COVENANT AGAINST GRANTOR'S ACTS TITLI;No. G661124S Commonwealth BLOCK 01 LOT 29 COUNTY OR TOWN Suffolk/Southold Davis TAX BILLING ADDRESS TO Schneider Recorded At Request of Ticor Title Guarantee Company RETURN BY MAIL TO: George T. Schneider Dutriborrd by P. 0. Box 1185 Irr TICOR TITLE GUARANTEE Cutchogue, New York 11935 Zip No. W V W6 O a z a of O ,; N _ � . t v yv, MIA • r , ,tat E SM No 098: MArCMzLINE 1:r.at LITTLE y 5 7-82 CREEK 0 A 44 A 1.29---- or 1z 00 %9 a., 4 NEW OG%3 S,VOL, IM, nt SEC ea 133 BROADWArERS COVE Q) TOWN OF SOUTHOLD w 31.4 Al.I -_ .°, at. •_•••ae ��gOt• [�•tJ' 'e'. � o s I:A;al , Y.i•k� � � '9 e ' •\ 10 41 4 0. 0. 3 3 HAYWArER COVE IIMt a[.<0 �•r[E T It• •.. \ IJRCI ERlnfrin.M 0. EMILYRi Legend KEY *P A L BAKER.JR. —1—IL- --- 1 1 © COUNTY OF SUFFOL SOUTI Real Property Tax Service VILUGE OF County.q.�qj.r VISTRICTM. 100 Rivorhood,L.L,isfew York — Tmm OF RICK E L- I`o Agency a �r II h Ira . 1 Ion j psi.. ♦ - , 1/�� I14 ,-iBM����►� $T'A NEW E, R T Y S Y-S-—TF COUNTY - SUFFOLK C R 0 S S R E F E R E N' C E L I S T I T 0 WN OF SOUTHOLD PARCEL IDENTIFICATION SEQUt4CE swis 473889 —Y CK 1988 ID R-15-G N -A M E LAND —TOTAL 1 4.-1 -23 C MW BOYD SHELLEY 1,460 619 104.-1 -24 V- C, NP KRUSE WILFRED G & WF 1 ,400 6,30C 104 C 0 F MARGIELLOS DfKffklOS g, 104.-1-26 C PS LARSON BELLE 700 70f —T-t-DWARD J'-1 C PU MCGARR 11100 2,90C C. QN DAVIS JOHN W 10,100 6,50C i-0 r.----i ILC RGC NEIDER GE0RG 104.-1-30 C LJ WATTS CHARLES C JR 800 4,00.1 —A TO c C KQ WHEAT6N PETER N 6 700 104.-2-2 C L J MACDONALD JAYNE 600 .3,80( —T-04.-2-3 C MC KILDUFF THERESA A 40 0 104.-2-4 C MV MIDWINTER MARY A 500 3,50( ---5-01) - -Of C NO 3,9 104.-2-6 C OH KALMAN JOSEPH W & WF 500 50( C' P W- R 0 M E 0 - MICHAEL 4 i ,600 I 104.-2-7. 2 C QS ROMEO MICHAEL D 1 ,000 1 0,00' C RO ROMEO MICHAEL D 1 ,000 iloof 104.-2-7. 4 C S K ROMEO MICHAEL D 1r200 1 ,20 1 40� 10-4—.-7---7-.5 C T G FERRIS WILLIAM III & J -1 ,400-- 104.-2-7. 6 C UC ROMEO MICHAEL D 100 10 C PT SCOGGIN - LINDSAY & SHEL 500 0- 104.-2-9 C QM IZZO PETER & SHELIA M 500 10,50 4-0 C k -,R L 104.-2-11 C LI PISCIOTTA MARIO A & WF 300 2,30 1 C MABEL E 104.-2-13 C MU DEBRUIN WILLIAM E 700 5,80 10 4- 2---1-4 t-WN--aET-z -8-6 104.-2-15 C OG SANDERSON THOMAS M & A 600 .4,60 — C 0 Z CORCORAN IMELDA _7110 5,60 104.-2-17 C PS GIOSCIA ROBERT & MARIE 600 5r50 1- -4� NY 3 0 --13 C QL SWEE ROSIN IN , 104.-2-19 C RE SANTINI BASIL A & 3EVE 1 ,300 5,60 C ' LH- L A N G E N F A-9-S Rl t 4A'9-6--X-W 600 0 104.-2-21 C MA KAYTON JOHN & WF 800 5,7.0 I*c;k==2 22 C 104.-2-23 C NM MELLY JOSEPH J JR & WF .900 5,30 Cl.-nF-M--E-L-L-y-j-lY5-15P-R-j--9.---w-r- '57()-0- 04- -3-1 C LG REDDEN DOROTHY S 11000 6,20 1,04 3 ;2 C7LZ DAT115-5--FRANK­V-WF —90c 0 104.-.3-3 C MS SILBERGLEIDT ALEX E & 900. 4180 1-0-4—.-3--4 C NL BURGER E—UG--EN-E-9---WF - --q-ag—fi,6 C 104.-3-5. 1 C PA ROMEO MICHAEL D JR 700. 70 —� -, --T-OW -3--5-.-2- C PFg-R-0-VIE-0 MI-c-HL- -AE -,-D- -J-- R----,- 660 0 6c 104.-3-6 C OX VASILIOU* ANNA 11300 5,6C f C 104.-3-8 C QJ FRfEMANN LILLIAN 1 ,700 WC .1-0 W-----R'l C-4 A R D-J--&--------I , 104. -3-10 C LF SAVONA JOHN L & WF 1 .000 —1-0-4-. 17C 104.-3-12 C MR HILLENBRAND ALEX & SUS 11100 .6,OC F�1014 3 13 -E"tqE -1 1 .410 r;5 r- -v A -(-A--C I PAGE T C Southold Town Board of Appeals -4- June 7, 1973 - that the entire property has been used for business except for a small portion which has been used for a residence. The Board, further, finds that, in effect, this division of property will not change the activities of the Body Shop presently occupying the westerly portion of the property. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, George A. and Helen H. McCarthy, be GRANTED permission to divide property with less than required area and frontage on premises located on the west; side of Buy Avenue, Mattituck, New York, as applied for. Vote of the Boards Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1782 - 7:40 P.M. (E.S .T . ) , upon application of Dillaye R. Davis, Sterling Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III', Section 301 and the Bulk Schedule, for permission to divide lots with less than required area and frontage. Location of property: north side Sterling Road, Cutchogue, bounded north by Kruzer & Riebe ; east b E. McGarry; south by Sterling Road; west by Boyd. Fee paid L5. 00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicants. THE CHAIRMAN: The application is accompanied by a survey showing the two lots owned by the applicant; one was acquired in 1949 and the other was acquired in 1963 . Each parcel has an area of 0.556 acres . The easterly lot has a residence on it. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WILLARD LAWRENCE: I live diagonally across the street. All the properties with the exception of Boyd's are as small or Southold Town Board of Appeals -5- June 7, 1973 ` smaller than that piece. I think the size: is commensurate with the size of properties surrounding it It will not differ from the neighborhood, and will be a piece of land. � very comfortable WILLIAM WICKHAM, ESQ. : I submitted with the application a very large survey of the area. I think that it speaks for itselff showing the lots within the block, and also showing in detail the distances between Mrs . Davis 's residence and all the other residences . It certainly fits in with the pattern of the whole area, as Mr. Lawrence has indicated. THE CHAIRMAN: Is. there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that, applicant requests permission to divide lots with less than required area and frontage on premises located on the north side of Sterling Road, Cutchogue . The findings of the Board are that after division of property the lots would be as large or larger than surrounding properties . The Board agrees with the reasoning of the applicant. The Board finds that strict application of the OrdinanFnce would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance, will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED', Dillaye R. Davis-, Sterling Road, Cutchogue, New Yorko be GRANTED permission to divide lots with less than required area and frontage on premises located on the north side of Sterling Road, Cutchogue; as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis . PUBLIC HEARING: Appeal No. 1783 - 7:50 P.M. (E.S ,T. ) , upon application of Andrew J. and Sophie F. Cybulski, Depot Lane, Cutchogue`, New York;- for a variance in accordance witty. the Zoning Ordinance', Article III, Section 301 and Bulk Schedule, !I and Section 280A of the Town Law, for permission to divide BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold 'ADJACENT TO: c7SM-I--,g7- DF- 7D/`�iv W, D,4✓JS PROPERTY OWNER 57-,FRZ_)N e- YOU ARE HEREBY GIVEN NOTICE: 1. Thatildsube intention of the undersigned to petition the Board of Appeals of the T own of Southold to request <Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 860 5TL�4,1N G 2 o 4-�) 5 /4 4- LoT Z 9 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: fgrZl1CT/Q/1 /N S/!fie �A9> cG�A.PA.c�eC 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section /oa- F. z [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: &ki L 11 1996 Petitioner Owners Names : �'�oeG'< T. SeWveiRe-�,-_ Post Office Address Tel . No . 726 9 [Copy of sketch or plan showing proposal to be attac.he.d for 'convenience purposes . ] n - PRC OF MAILING OF NOTICE ATTACH C' TT.FIED MAIL RECEIPTS, NAM , :'.DDRESS STATE OF,NEW YORK ) ss.: COUNTY OF SUFFOLK ) C 46XaC_ 77 residing at STe_RL.;aU6 Roi¢Z Gt- Chi! a> ,r/ being duly sworn, deposes and says that on the /! day of )�_ , 19 �, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at G6/T411ee <-u c Al ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ✓-1pe1 19 90 Notary Public EILEEN M.ROACHE Notary PubNolic4S ate of NewYork QualNled in Suffolk County Commission Expires January 31,191�.� (This side does .not have to be completed on form transmitted to adjoining property owners . ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER boo LI c.a}C_ GvT-cr�ffdGac--� Nf' /� $ 3S YOU ARE HEREBY GIVEN NOTICE: 1. That i e intention of the undersigned to,petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des.. cribed as follows: 9,00 ST-ffice-/nJ6 20A.D S ECT/o Ar /d l� LPL-O CK 0/ t_a 7- 2- 7 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: R ED U CT ON ♦n/ 51 De Y4k'D Ce600A14N C e 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article _5z:_ Section /o o - 3'7-- [ ] 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-Matti tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: /"i pk(L c t 1?Q o Petitioner 0wners ' Names : 6E6RG6- 7-_ Post Office Address Po 3c►)c //9-S G uTc #0 G06- 3 5- Tel . No . 72- 69 [Copy of sketch or plan showing proposal to be attach edtfor , co.nuenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) �SCifN8/Z>,�5_X residing at _ '� l�G✓�rJG' 20.�� vTch°o6ui�— /f>}r being duly sworn, deposes and says that on the _ le day of 2gPRi L , 19 9' 0 , 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 that said Notices were mailed to each of said persons by ( ' 'ed) (registered) mail. Sworn to before me this /1 rn day of APaiL. , 19 If - Notary Public EILEEN M.ROACHE Notary Public,State of NewYodt No.4828842 CueUfied in Suffolk County Conmm(sskm Expires January 31,19�YZ (This side does not have to be completed on form transmitted to adjoining property owners . ) BOARD_OF APPEALS, TOW N'OF° SOUTHOLD In the Matter or the Petition of _cad 2 G E �Cf/NEi��/Z NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: o Y t;> PROPERTY OWNER lYlRS f7, tw ifV77 i'(V a 'v t-' YOU ARE HEREBY GIVEN NOTICE: 1. That ' he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: �8o0 517�RL/fig IEZor41 i�5G Low Joel 3Loc4:z o L07- 2-9 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That by such Petition, the undersigned will request the following relief: TTE•p UGTi e rJ /N 5 e a e- P C.L EF��e f1�✓CE 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article �L Section2- [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:_ PR/L // /q g o Petitioner Owners Names : �'�-aRG�-� 7' vc*ye- )" Post Office Address Pp 30X G' vT'eHDfvE- /Vr �/93S Tel . No . ( 5'16 ) -73f - ?z69 [Copy of sketch or plan showing proposal to be attache:d-.: for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) 6'ORG'C -77 -q--2 &—dz residing at 5 ie�i.yG i2aft� being duly sworn, deposes and says that on the /o d of AV Ri e- , 19 '�'d , 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 ef4J 146'v-r- /t/_•/��". ; that said Notices were mailed to each of said persons by (certified (registered) mail. Sworn to before me this day of I9p,eil-_ , 19 90 Notary Public EILEEN M.ROACHE Notary►Public,State of Nearvork No.4826942 Qualified in Suffolk County Commission Expires January 31,19.2? (This side does not have to be completed on form transmitted to adjoining property .owners . )