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HomeMy WebLinkAbout4032 & 4040 '4 • t' APPEALS BOARD MEMBERS : , SCOTT L.HARRIS L Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen,Jr. ' _ n P.O:Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa Fax (516)765-1823 `- Telephone 516 765-1800 Telephone(516)765-1809 �� P ( ) BOARD OF APPEALS TOWN OF SOUTHOLD Applications No. 4032 and 4040. ACTION OF THE BOARD OF APPEALS Upon Application of MARY AND PETER BLANK. Appeal: (a) under Article II, Section 100-23, Article III, Section 100-32, and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remain in private ownership following appropriation of the total balance of land after acquisition by the N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s) , having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and. (b) under New York Town Law, Section 280-a interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter' s Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW) . WHEREAS, a public hearing was held on July 12, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, -and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The subject premises consists of two parcels which are located along Peter' s Neck Road and private right-of-way, extending in a southeasterly direction off the easterly side of King' s Street in the Hamlet of Orient, Town of Southold. Page 2 - Appl. No. 4 ! and 4040 Applications of MARY ,,.1D PETER BLANK Decision Rendered - July 25, 199i Special Meeting 2. The first parcel, referred to on the survey map as Parcel 1: (a) is identified onI• the Suffolk County Tax Maps as 1000-32-1-4.1) {previously identified as part of 4) , and (b) is located north of the private right-of-way; has a total land area of 1. 6461 acres (71,704 s.f. ) . ; {the total acreage prior to acquisition of the contiguous 2.5281 acres by the N.Y.S. Department of Environmental Conservation on Octo- ber 26, 1990 was 4. 2271 acres}; and (c) has a lot depth of approximately 200 feet at its greatest distance from the front property line along the right-of-way; (d) is shown on the July 12, 1991 survey map with a proposed building envelope of 12,085 sq. ft. , covering 16.80 of the lot, for the future construction of a principal building and related accessory buildings or structures; (e) is shown on the survey map with a proposed "envelope" area with an insufficient setback at 40 feet from the front ( southwesterly} property line and an insufficient setback at 60 feet from the rear (northeasterly) property line of this parcel {for future construction} . 3 . The second parcel, referred to on the survey map as Parcel 2: (a) is identified on the Suffolk County Tax Maps as 1000-32-1-2.1 {previously identified as part of 2) , and: (b) is located to the south of the private right-of-way having a total area of 1.7478 acres or 76,133 s.f. ; (the total acreage prior to acquisition of the contiguous 7 .4047 acres by the N.Y.S. Department of Environmental Conservation on October 26, 1990 was 9.1525 acres (c) has a lot depth of approximately 150 feet at its greatest distance from the front property line along the right-of-way; (d) is shown on the July 12, 1991 survey map with a proposed "envelope" area of 18,871 sq. ft. , covering 24.70 of the lot, for the future construction of a principal building and related accessory buildings or structures. (e) is shown on the survey map also with the "envelope" area an insufficient front yard setback at 40 feet ' from the front property line and an insufficient rear yard setback at 60 feet from the rear (southwesterly) property line. Page 3 - Appl. No. 4( and 4040 Applications of MARY PmD PETER BLANK . " Decision Rendered - July 25, 1991 Special Meeting 4. In this R-200 Low-Density Residential Zone District, as adopted in the new Master Plan Revisions and Update of the Zoning Code on January 10, 1989, the following Bulk Schedule requirements, under Column "v",; are listed as a minimum for a one-family detached dwelling: (a) Lot size 200,000 sq. ft. (b) Lot depth 400 feet (c) Front Yard Setback at 60 feet (d) Rear. Yard Setback at 100 feet. Also limited in this section is the lot coverage. of the parcel for all structures at 5% of the lot area. - 5. The percentages of .relief sought by this variance application concerning Parcel 1 are as follows: (a) Lot size at 71,704 s.f. is approximately 35.5% of the total requirement of 200,000 s.f. ; (b) Lot depth at approximately 195 feet 97.5% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; (e) The proposed building envelope area shown on the survey exceeds the maximum lot coverage (5%) by 11.8%, for a total of .16.8% of the total lot area,; or 12,085 s.f. 6. The percentages of relief sought by this variance application concerning Parcel 2 are as follows: .(a) Lot size at 76,133 s.f. is approximately 38% of the total requirement of 200,000 s.f. ; (b) Lot depth at approximately 150 feet is 75% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; (e) The proposed building envelope shown on the survey at 18871 s.f. is 19.7% over the maximum permitted ( 5%) , for a total proposed at 24.7%. Page 4 - Appl. No. 41 and 4040 Applications of MARY aND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting } 7. For the record, it is noted that Peter' s Neck Road is a town-maintained road in good to excellent condition and extends to each of both parcels under consideration. Therefore, the jurisdiction under New York Town Law, Section 280-A, is waived as to need for further road improvements. No 280-A requirement has been found of record for this access road to any of the houses either to the east of the subject premises or to the west, except as the Planning Board may have conditioned under the 1981 minor subdivision ( 1000-32-1-12) situated at the most easterly end of the private right-of-way. 8. For the record, it is noted that the Board has also considered the history of conveyances over the years since prior to 1962, and as shown on the single-and-separate search prepared by Aquebogue Abstract Corp. dated July 3 , 1989. The Board recognizes these two parcels as having been in single and separate ownership up until the present time. 9. In considering this application, the Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will beno substantial change in the character of the neighborhood, and a precedent would not be set since the physical characteristics of this land as it related to the general area and wetlands has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than .a variance; (e) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served- by granting the variance, as conditionally noted below. Page 5 - Appl. No. 41. and 4040 .applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting Accordingly, on motion by Mr. ViIIa seconded by Mr. D i n i z i o it was RESOLVED, to ALTERNATIVELYEiGRANT for Parcel 41, relief permitting a rear yard setback at not less than 7 5feet from .the rear property line to the dwelling (foundation without decks- or overhangs) , and at not less than 65feet from the rear property line for all other structures or buildings; be it further RESOLVED, to ALTERNATIVELY GRANT relief as to Parcel #2 as as limited below: (a) rear yard setback at not less than 75feet from the rear property line for all buildings and structures ; (b) maximum lot coverage at 200 of the total lot area for all buildings and structures; and be it further RESOLVED, to GRANT the following relief, as applied and requested under Appl Nos. 4032 and 4040: (a) , as to both Parcels #1 and #2, a front yard setback for a future principal building at not less than 40 feet from the front property lines along the private right-of-way; (b) as to both Parcels #1 and #2, a waiver of jurisdiction under New York Town Law, Section 280-A, concerning further road improvements; (c) approval of the area and depth-Parcels #1 and #2. T� (d) approval of, the maximum .lot' coverage for all structures on Parcel #1 as requested at 16.80 of the total lot area. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left to return to Fishers Island. ) (Member Grigonis was absent due to illness. ) This resolution was duly adopted. Rk"EIVED AND FILED BY THE SOS( THOLD TOWN CLERiC GERARD P. GOEHRIN R, CHAI , U � / DATE �(`1/ HOUR /gpdo� Town Clerk, Town of Soutliold APPEALS BOARD-MEMBERS '': SCOTT L.HARRIS '•''r Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Serge Doyen,Jr. Town Hall,53095 Main Road James Dinizio,Jr.. P.O.Box 1179 Robert A.Villa .;.- Southold,New York 11971 ' Fax(516)765-1823 Telephone(516)765-1809 - Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD, OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971; on FRIDAY, JULY �12, 1991, commencing at the times specified below: . 7:30 p.m. Appl. No. 4033 - RANDI LACALAMITA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for approval of carport in the front yard area with reduced setbacks from the .front and side property lines. Location of Property: 1395 Henry' s Lane, Peconic, NY; County Tax' Map No. 1000-74-01-10. 7:35 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 ' for permission to locate new principal dwelling. structure with insufficient rear yard and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map No. 10.00-006-06-20.5, containing 2+ acres. Page 2 - Legal Notice Regular Meeting of July 12, 1991 Southold Town Board of Appeals 7:45 p.m. Appl. No. 4036 - ELLEN BRAUNSTEIN. Request for variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to construct addition to dwelling with a reduced rear yard setback on this corner lot. Lot area is -nonconforming in this R-40 Zone District. Location of Property: Corner of Wendy Drive and Peconic Bay Boulevard, Laurel, NY; County Tax Map No. 1000-128-5-7. Also referred to as Lot "A" on the Map of Rollingwood Estates. 7 :50 p.m. Appl. No. 4032 - MARY AND PETER BLANK. Appeal: (a) under Article II, Section 100-23, Article III, Section 100-32 and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth- of Parcels I and 2, which nonconformities remain in private ownership following appropriation of the 'total balance of land after acquisition by the .N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(.$) , having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five ( 50) percent limit, and (b) under New York Town Law, Section 280-a, interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter' s Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax. Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW) . Page 3 - Legal Notice Regular Meeting of July 12, 1991 Southold Town Board of Appeals 8: 00 p.m. Appl. No. 4034 - ANTHONY AND MARIA MERCORELLA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to amend previous variance application and 'decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with partial enlargement for a second floor with windows, and other structural modifications as shown on a new construction plan (including plumbing facilities for a half bath) , in an area other than the required rear yard. Location of Property:. 2260 Peconic Bay Boulevard, Laurel, NY; also known as Lot 19 on the Map of Edgemere 'Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. Appl. No. 4035 - MR. AND MRS. EUGENE CROASDALE. Request for a variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 to permit addition to dwelling with insufficient front and side yard setbacks. Premises is nonconforming as to lot area and width; the subject dwelling as exists is nonconforming as to the front and total side yard setbacks in this R-40 Zone District. Location of Property: 595 North Parish Drive, Southold, NY; County Tax Map No. 1000-71-1-6, containing 28,250 sq. ft. in total area. 8:10 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to .the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court structure in an. area other than the required rear yard on this 4. 9+- acre - Page 4 - Legal Notice Regular Meeting of July 12, 1901 Southold Town Board of Appeals parcel. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. (Recessed from June 7, 1991) 8 :15 p.m. Appl. No. 4036- - JOHN AND RICHARD ZEISLER. Request for variance to the Zoning, Ordinance, Article IIIA, Section 10'0-30A.4 ( 100-33) for permission to locate accessory two-car garage structure in an area other. than the required rear yard at 700 Jackson' s Landing Road, Mattituck, NY; Lot area is nonconforming in this R-40 Zone District; Map of Jackson' s Landing, Lot #7, filed in the Suffolk County Clerk' s .Office as Map #5280; also identified as County Tax Map #1000-113-4-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior. to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: June 24, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD .P. GOEHRINGER CHAIRMAN By Linda Kowalski ----------------------------------------------------------------x TO: Times-Review Delivered 6/24/91 L.I . Traveler-Watchman For Publication FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL pp Date . . . . .\ . . . �.�. . . . . . ., 199L . To a;it,r r �!." . . 4�Q1•. .!c I,o 8 . ; 1r -►, . .�. . �e3 , a?9 PLEASE TAKE NOTICE that your application dated . . .. . . . . . . . .�. . . . . . . . .. 19 .11L . for permit to ..93'40, .�a� . .1.�. . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property . . . pith. d, , . House No. Street Hamlet County Tax Map No. 1000 Section . . .Q. BL . . . . Block . . . .CQ .1. . . . . . . Lot . .Q!�. . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .� cX .12A C. rs, . Q�, . . . . . . . . . . a , ,�z s�-,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O Building� Inspector� RV 1/80 RRCEIVED TOWN OF SOUTHOLD, NEW.YORK APPEAL FROM DECISION OF BUILDING INSPECTOY 29 1 APPEAL NO. 4WPt Southold Town Clerk DATE":.:�:���: TO THE ZONING BOARD OF APPEALS, TOWN O,F--SOUTHOLD-,-N:Y.: W_­ Peter Blank and 1, (We) ...... ,QLl7.S�..117.�A14..........................of ..Peter's.Neck Road ....................................................... Name of Appellant Street and Number Orient........................................................................ New..York. . ............HEREBY APPEAL TO p ...... ... . .. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.S.................................... DATED ...Mar c h..2 9.=...19 91.... WHEREBY THE BUILDING INSPECTOR DENIED TO Peter and Mary Louise _Blank _ »»... Name of Applicant for permit of NPeters Neck..Road., .,, New York........... . .................. .... ....... ....................... ......... .....F... .................... ... Street and Number Munici ali State ( ) PERMIT TO USE PERMIT FOR OCCUPANCY M PERMITS TO CONSTRUCT ONE-FAMILY DWELLINGS Peter' Neck Road Orient R-200 1. LOCATION OF THE PROPERTY ............s......................�.................................................................. ,. Street /Hamlet / Use District on Zoning Map District 1000 Section 03261ock i Lotp/o 2 & Mary Louise L. Blank (Tax Lot 2) .... ....»_.....................�....�..... .......... 1.0- Current Owner Peter Blank (Tax Lot 4) Map�No. ��Lot No. Prior OwnerGeorge and Elizabeth E. Latham '(Tax Mary Louise an (Tax o L'ot2) 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- secti6n and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ArticleII7& III Section 100-23 & 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) A VARIANCE to the Zoning Ordinance or Zoning Map or in e pretatio (x ) A VARIANCE/due to ad. of access &tote of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)Gs not) een made with respect to this decision of the Building Inspector.or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ............................. ........................................ REASON FOR APPEAL or interpretation of ( x) A Variance to/Section 280A Subsection 3 (x ) A Variance to the Zoning Ordinance is requested for the reason that the two subject parcels, which are the portions of.Tax Lots 2 and 4 that remain in private ownership following appropriation of the balance of .Tax Lois 2 and 4 by the New York State Department of Environmental Conservation, are non-conforming as to the area and depth and possess no reasonable building envelopes under the Bulk Schedule for the R-200 district. In addition, a variance pursuant to Town Law §280-a may be -required before building permits can issue for the subject parcels . Form ZBl (Continue on other'side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the;;lot; ,arye&�; F dR,th-,land setback requirements of the zoning code render the subject parcels unbuildable, .and , in addition, the subject parcels may not meet the -requirements of Town Law §280-a. 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 .applicants are in the unusual position of having had the bulk of their- properties appropriated by the New York State Department of Environmental Conservation, leaving;-;the residues non-conforming with sespect ,to the requirements of the R-200,.district. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the appropriated portions of the subject parcels, as well as other parcels in the immediate area acquired by the New York State Department of Environmental Conservation, will, upon information and belief, be kept in their natural state and will not be built upon or otherwise developed. In addition, several other houses in the area of the subject parcels have their access by means of P'eter-' s Neck Road , the proposed access to the subject parcels . STATE OF NEW YORK ) ss ... . . ..... ..... .. .. .A�ature ................................ COUNTY OF SUFFOLK ) Si `John P:—: Wagner , attorney for Peter Blank �► &Mary Louise Blank Sworn to this ..... .�v................................ day of.Xay:..::':.:....:.................................. 19 91 ^ -- / ........... .. ........... .Notary PATRICIA IRELAyD Notary Public,State of New York Qualifiedein Suffol County -�. Commission Expires D' u. / 7,q I COLOR A {. TRIM � .�,'�r��`.rl 8 ', � e���I�f s i ✓ tf Ir �- �'' '�'�'�4;�nf�"'++s.fa^Per - ` M. Bldg. / ir� 7�. "�' h Foundation f a i' Bath _ Dinette Extension Basement r'r,^ ; Floors K. Extension Ext. Walls E ;, Interior Finish ;°" LR. Extension Fire Place ;.<<` Heat. DR. Type Roof Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer `Breezeway Driveway Garage Patio O. B. Total `=� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER.OWNER N %Iv ��>°F E ACR. 1. / >�1. GAL// SL' g ��Jlj" rr i�- ? :;rt. :t'1 Gf6QS L = 11 co� S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. SC. . Mkt. Value �a2 LAND IMP. TOTAL DATE REMARKS �- .ram'W _�,�.,,�., c ,f` /t rC'eu, �`_' r ;s• ,, c.r" 00,1)k Ally LNG CON IT ?MU 67 N�WkRMAL B OW 0 FARM Acre Value Per olu Acre Tillable 1 Tillable 2 Tillable 3 1 4 a C) Woodland Swampland . 23 �� FRONTAGE ON WATER r ' „ + ' L' Brushland FRONTAGE ON ROAD' House Plot 4Co C C) DEPTH BULKHEAD J Total DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT f 01�H tore, Eta FORMER OWNER N E ACR. „ ,. S W TYPE OF BUILDING ( ' < s RES. SEAS. VL. FARM COMM. CB. MI CS. _ Mkt. Value LAND IMP. TOTAL DATE REMARKS r I lid 77 Glr- Y� I Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total I' M. Bldg. Foundation Bath Extension Basement Floors Extension Ext. Walls \ Interior Finish Extension Fire Place Heat Porch Poo I Attic Deck Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor Garage 0. B. ^ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ' C, ),I FORME -OWNER N E ACR. �3�An� ' - b'No f� f 1 . `755 S W TYPE OF BUILDING r r 1 1 �Jt RES. SEAS. VL. 3 FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS z - kaglfw -6 Bin H(G AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value is Acre Tillable I Tillable 2 Tillable 3 j`� Woodland Swampland FRONTAGE ON WATER CAL Brushland FRONTAGE ON ROAD House Plot 1 1 00 pZ) DEPTH `4 BULKHEAD Total 1 _�7 S DOCK COLOR I TRIM M. Bldg. Foundation Bath Dinette Extension Basement Floors K. Extension Ext. Walls Interior Finish LR. Extension Fire Place Heat DR. Type Roof Rooms lst Floor BR. Porch Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage Patio 0. B. Total r 4Tr TowN of Sou�"F�oLo,N.Y- . gLis u o 0 g' APPf3®COED BY PLANNING BOARD 4' 'DOWN OF SOUTHOLD �fv 1 .00 DATE `fib ` n 5.88°/SjE. 76.73 100�Aj I" �! j z - ttccrurnertL(71 6) r`9 ti O 00 -01 Ccurrf ti 7br. m&.Ce:-i�rra-f•�nn:_ _ ,Sf� ay •. ' �'� � _ -_ Gib'. /OOU,S�z-h.032. �1�. 1. P�F. 1��; - �>' ✓Qx@ - � Con-lours 9 eieva-rrons from SU-f. ':a. h ..\, ''? s o ' �� �•'� �„ ,t Pr-errti s�5 zoncal `A"- 2Es_(��''; J q wafer i will mee-!• Stiff- Co. N�altFr Gis�r, sf�nII'ar Is. , 1 ��'•� . !. ��� - a _. Artrerrdcd �r�_...27 _l�r3r Ju Ili �:: �,. J - - AUK• 10 , l93( , JNAUTHORI2ED ALTERATION OR ADDITNII f /,� TO THIS Sl1:YkY IS A VIC1AT;,'W OF P 3h2 S 69°3 S N CP m �- �oQ •�- �. too�4P (^ g\9 -°`a{5 0�° s2j o A S, a S��� v�Os v'%°0 °SF S 77059,59„ Q rP ° �s3 E 20.0p, °o °f� 4jZ6oJ 0 >39 2>2.63 D� h6' 04 3�ym lOS l4M°S •Y qcL301`(\7� °0 .0 �� ¢0 vs 4 . 1000-32 I- 2 I m` A 4i °s\ ^ S 4 � ZCFO N \ °o t^ oe ul /v °°o g Lot Area Percent of Lot 10% \ / a W �, / Parcel No. Area of Building Envelope l? 0', 12085 S.F. - I.6461 Acres = 16.8 ? / "� ll;; - 1.7478 Acres = 2-47.gees �Pw `>`/0 00 �,� 2 18 87 1 S.F. I N690 s2OOO�� °�SA6 6'Spo 6 2�35@W � . N 0 cRF Fk ,y SURVEY FOR 88 50e 4p1ro LOUISE BLANK°Za. PETER BLANK & MARY � ry 5. AT ORIENT TOWN • OF SOUTHOLD ; 3 SU FFOLK COUNTY , N .Y. OF Nfp, f ' >625 ��D W, Y 09t. 1 6\ O OG � r APPEALS BOARD MEMBERS ) , '"';t''9 e�`� `; SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall 53095 Main Road Serge Doyen,Jr. c" ' P.O.Box 1179 James Dinizio,Jr. ;,; .°� , Southold,New York 11971 Robert A.Villa 2 ' ` Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN Off'SOUTHOLD August 13, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Re: Appl. Nos. 4032 and 4040 - Mary and Peter Blank Dear Mr. Wagner: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department, Town Trustees, N.Y.S. Department of Environmental Conservation, County Health Department, and any other agency for permits or other approvals which are appropriate for this project. Copies of this decision have simultaneously herewith been transmitted to the Building Inspectors for their 'file and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS 'rqy ;� � SCOTT L.HARRIS Gerard P.Goehringer,Chairman �� � E: r, Supervisor Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. t' ,F". James Dinizio,Jr. w_ { P.O.Box 1179 Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 �x Telephone(516)765-1800 BOARD OF APPEALS TOWN O�SOUTHOLD August 26, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Re: Appl. Nos. 4044 and 4032 - Peter and Mary Blank Dear Mr. Wagner: Transmitted herewith for your information and file is a copy of the determination from the Suffolk County Department of Planning in response to our referral under Section A14-23 of the Suffolk County Administrative Code. Very truly yours, Linda F. Kowalski Enclosure J 0/ �- �\ \ COUNTY OF SUFFOLK 1-7 AUG 2 3 1991 PATRICK G. HALPIN 1 SUFFOLK COUNTY EXECUTIVE fL DEPARTMENT OF PLANNING - ARTHUR H. KUNZ DIRECTOR OF PLANNING August 21, 1991 Town of Southold Zoning Board of Appeals Applicant: Mary and Peter Blank Mun. File No.: #4032 S.C.P.D. File No. : SD-91-16 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Alternative rear yd./lot coverage relief appears warranted as set forth. Very truly yours, Arthur H. Kunz Director of. Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (516)360-5192 T APPEALS BOARD MEMBERS y° =� SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigarris,Jr. v Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 Pursuant 'to Article XIII of the Suffolk County Charter , -the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County P1 ing C m ' s NYaYown Lai, Seffl%.r 2 8 0-a XX_ Variance from the Zoning- Code , Article II Section100-23 Article III Section 100-32 Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit 4032 and Appeal No. :4040 Applicant: Mary .and Peter' Blank Location of Affected Land : Peter ' s Neck Rd. , Orient , NY County Tax Map Item No . : 1000- 32- 1 -p/o 2 and 4 Within 500 feet of: Town or Village Boundary Line i XX . Body of Water (Bay , Sound or Estuary) State or County Road , Parkway , - Highway , Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting kot approvals of reduced 1"ot area and depth of Parcels 1 & 2 , placement ,of principal dwelling wit re a ed accessory structures , front and rear yard set ac s , lof covera f 5% limit and 280-a interpretation Copies of Town file and related documents enclosed for y.our review. Dated : Aug. 13 , 1991 APPEALS BOARD MEMBERS SCOTT L.HARRIS COG Supervisor Gerard P.Goehringer,Chairman �� y Charles Grigonis,Jr. c Serge Doyen,Jr. 2Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. p 1, • �� Southold,New York 11971 Robert A.Villa �1j01 �a0 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM FOR THE FILE RE: Appl. of PETER AND MARY BLANK Friday, 7/12/91: 3 : 30 p.m. Spoke with Valerie Scopaz, Sr. Planner for the Planning Board Office, who said she is preparing a letter for the ZBA file but due to the lateness of the hour, would probably not have it ready until Monday. I agreed to tell the ZBA Members at tonight' s hearing that a letter was forthcoming from the Planning Board on Monday. Valerie also indicated that the contents of the letter would probably give a little historical synopsis of similar farmland conveyances in other areas of the Town of Southold in the early 1960s for informational purposes. 7/12/91 ZBA Hearing was held and concluded, except for receipt of the Planning Board' s letter forthcoming on Monday, July 15, 1991. Monday, 7/15/91 Planning Board letter not received. Tuesday, 7/16/91 A.M. ZBA Secretary asked that a message be left for Valerie concerning proposed letter we discussed on Friday since we didn' t have it. 7/16/91 3 : 35 P.M. Valerie confirmed that a letter was not authorized by the Planning Board Chairman, and she had no further message except that Ben Orlowski may contact Jerry Goehringer. She said she didn' t know what Ben was going to say and was not authorized to be involved at this point. lk ESSEKS, H EFTER & ANGEL D l O 1991 COUNSELORS AT LAW Ju�.e 108 EAST MAIN STREET (�0X `` i. P. O. Box 279 ! RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER(516) 369-2065 P. 0. Box 570 WATER MILL. N.Y. 11976 JANE ANN R. KRATZ (516) 726-6633 JOHN M.WAGNER WILLIAM POWER MALONEY - THOMAS F.WHELAN July 8, 1991 Town of Southold Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Attention: Ms. Linda Kowalski Re: Application for Variances/Interpretations of Peter and Mary Louise L. Blank Dear Ms. Kowalski: Pursuant to our recent discussions, I enclose herewith the following in connection with the above-referenced application: 1. Additional original Notice to Adjacent Property Owner, dated July 1, 1991, reflecting service of the Notice on the New York State Department of Environmental Conservation; and 2. Copies of "variance searches" for the two subject parcels, both dated July 3, 1989 (Title Nos . AAC-796A and AAC-796C) . Please note that the enclosed variance searches do not reflect a later deed, dated November 16, 1989 and recorded January 2, 1990 at Liber 10991 of Conveyances, Page 596, a copy of which has previously been filed with your office. This deed places title to the northerly of the two subject parcels in Peter Blank' s name. I am ordering a revised survey of the two subject parcels to show contour lines . The additional filing fee of $500. 00 you have requested will be forwarded to you as soon as possible. Very truly yours, oh�nM ta_ gne� JMW:pi Encs. 2 0�• • �I f-1 C� .r1 AQUEBOGUE ABSTRACT CORP. JUL 123 Maple Avenue RIVERHEAD, NEW YORK 11901 �--- VARIANCE SEARCH i TITLE # AAC-796A I STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELYSE G. WOHLARS, being duly sworn, deposes and says: That she resides at 123 Maple Avenue Riverhead, New York 11901 and is over the age of 21 years and that she is Office Manager of AQUEBOGUE ABSTRACT CORP. That under her direction, title was examined to the parcels of land described on the annexed Schedule and labelled Parcels: A, B, C, D and E THAT said examination, dated 6/9/89 discloses a chain of title to determine if any contiguous property was owned by an owner of property involved since the date of any previously applicable Zoning Ordinance as of 1957 And that this affidavit is made to assist the Board of Zoning Appeals to the Town of SOUTHOLD to reach any determination which requires as a basis therefore the information set forth i herein and knowing full well that said Board will rely upon truth thereof. SWORN TO BEFORE ME THIS AQUEBOGU ST T O 3RD DAY OF JULY, 1989 �j BY . YSE OFFICE MANAGER KENNETH B.ZAHLER NOTARY PUBLIC,STATE OF NEW YORK SUFFOLK COUNTY-NO.OlZA-1517618 TERM EXPIRES FEBRUARY 28,1991 1 , 77 G� ;.. ��'.�•r! �k�'•rf !�. s ..5:r' '1 � ' \lTATE OF II.Y. ,�;F4' . � .tea �.P ��rG�a`S' ��,�?X4�`1V �.ie•-° � ;� 3 •d• i.• �� �� _ r�• � ...` ���4';+"` Y ���(1v c,�^•p� s.4 k � .y `�p''.�-.� -'pd `•'��-i r '_ '�•... }. L � ,Fd J-'.� >^"++t �.ns+.r-. � y r .P "rs..i�� cs=i��"t.,w",..�y —� 4. • - -`a`_ � 9�, X z ?+�', �,� + � zY -�-•">FDR MRC.EL Iq. �'��� ��_ i yF SEE SEC.N ; r_ � •,«_ a y JQ ate+ FOR WCEL NO. l rO SEE SEC.Na FOR PARCEL NO QQ s ' > s 7-Ot.9►S FOR PARCEE 0. SEE N I SEC. 00107 • SEE,-SEC N0,.027 5-0 Lo . _:ti>�....._�: 'T�� ;\'� �Y' �2s._ L•�� � s��� �"\ �31�'c�6�\�\ 1w IL \0�L\ P R -� \ AO a B,q r /03 r 12 •�; 30� �• i • 3.9A(a) 1 - 6"j fy / e.o ) 22Ak) a CrOk po tt Q ose o� 9 10 E SEC. N0. 132 I to ++ iIlp 2.34(d 12.3 LIAO ..� far ✓ An�� .;� JUL 10 1991 DESCRIPTIONS Title Number: AAC-796A PARCEL "All : _(SUBJECT PREMISES) ALL that certain plot, piece or parcel of land, situate lying and being in the Town of SOUTHOLD , County of Suffolk and State of New York and being a described parcel i County Tax Map Rolls as District 1000 Section 032. 00 Block: 01. 00 Lot: 002. 000 PARCEL "B" _(Adjacent on North County Tax Map Rolls as District 1000-027. 00-04.00-010.004 PARCEL "C" (Adjacent on East Z County Tax Map Rolls as District 1000 -032. 00-01. 00-003. 000 PARCEL "D" _(Adjacent on the West County Tax Map-Rolls as District 1000-032 . 00-01. 00-014 . 001 PARCEL "E" (Adjacent on the South ORIENT HARBOR State of New York) SS: County of Suffolk) j Elyse Wohlars being duly sworn, deposes and says : That she resides at 123 Maple Avenue Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the variance search under the above captioned title number. i SWORN TO BEFORE ME THIS AQUEBOGUEk6STRACT 1 .. 3RD DAY OF JULY, 1989 CO OTAR j YSE WOHLARS OFFICE MANAGER KENNETH B.ZAHLER NOTARY PUBLIC,STATE OF NEW YORK SUFFOLK COUNTY-NO.OIZA-4517618 TERM EXPIRES FEBRUARY 28, 1991 2 CHAIN OF TITLE FOR PARCEL A S . BROWN TABOR & BERTHA A. TABOR LIBER: 1410 CP 140 TO DATED: 2/9/29 GEORGE LATHAM REC: 2/11/29 (CONVEYS P/O PREM SOUTH OF CREEK) -------------------------- JAMES F. DOUGLASS & LILLIAN J. LIBER•• 1410 CP 131 DOUGLASS CONVEYS P/O PREM SOUTH TO OF CREEK) GEORGE LATHAM -------------------------- JAMES F. DOUGLASS & LIBER: 2021 CP 12 LILLIAN J. DOUGLASS TO DATED: 11/4/37 GEORGE R. LATHAM REC: 11/24/38(CONVEYS ALL PREM NORTH OF CREEK) -------------------------- GEORGE LATHAM, a/k/a GEORGE R. LIBER: 5286 CP 33 LATHAM & ELIZABETH E. LATHAM DATED: 12/28/62 TO REC: 12/31/62 MARY-LOUISE-,BLANK LAST OWNER OF RECORD State of New York) SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says : That she resides at 123 MAPLE AVENUE Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. SWORN TO BEFORE ME THIS AQUEBO E B RACT 3RD DAY OF JULY 1989 C P. NOTARYe� YSE O RS OFFICE MANAGER KENNETH B.ZAHLER NOTARY PUBLIC,STATE OF NEVI YORK SUFFOLK COUNTY-NO.OlZA-4517618 TERM EXPIRES FEBRUARY 28, 1991 I j L 0 ,, 3 1 9gJ Fr- �r JUL 1 0, ,991 � I CHAIN OF TITLE FOR PARCEL B U�t JAMES F. DOUGLASS & LILLIAN J. LIBER: 3570 CP 290 DOUGLASS, MAUDE E. LATHAM DATED: 7/31/53 TO REC: 8/28/53 FRANCES E. DOUGLASS ------------------------- FRANCES EMELINE DOUGLASS LIBER: 220 P 253 TO DATED: 7/10/31 NELSON DOUGLAS LATHAM REC: 6/25/58 (D.O.D 5/31/58) -------------------------- NELSON DOUGLAS LATHAM, as devisee LIBER: 7319 CP 561 under L/W/T of Frances Emeline Latham DATED: 12/22/72 to REC: 1/9/73 Peter Blank Jr. ,& George R. Latham Jr. -------------------------- PETER BLANK, JR. & GEORGE R. LIBER: 10516 CP 141 LATHAM JR. DATED: 11/4/87 TO REC: 1/15/88 GEORGE R. LATHAM JR. LAST OWNER OF RECORD CHAIN OF TITLE__FOR PARCEL C JAMES F. DOUGLASS LIBER: 2021 CP 12 & LILIAN J. DOUGLASS DATED: 11/4/37 TO REC: 12/24/38 GEORGE R. LATHAM ------------------------------ GEORGE LATHAM, a/k/a GEORGE R. LATHAM LIBER: 5286 CP 23 & ELIZABETH E. LATHAM DATED: 12/28/62 TO REC: 12/31/62 MARGARET L. STRACHAN, ANN L. BLISS, MARY-LOUIS L. BLANK RALPH W. LATHAM, GEORGE R. LATHAM, JR. & PETER BLANK LAST OWNER OF RECORD State of New York)SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says: That she resides at 123 MAPLE AVENUE Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. SWORN TO f BEFORE E TH S AQUEBOGUE ABSTRACT DAY OF AOFFICE i y 4NTiAiR�Y��­" LAR NAGER KENNETH B.ZAHLER NOTARY PUBLIC,STATE OF NEW YORK SUFFOLK COUNTY-NO.OlZA-4517618 4 TERM EXPIRES FEBRUARY 28, 1991 Y CHAIN OF TITLE FOR PARCEL D .S. BROWN TABOR & BERTHA A. TABOR LIBER: 1410 CP 140 TO DATED: 2/9/29 GEORGE LATHAM REC: 2/11/29 (CONVEYS P/O PREM SOUTH OF CREEK) -------------------------- JAMES F. DOUGLASS & LILLIAN J. LIBER: 1410 CP 131 DOUGLASS CONVEYS P/O PREM SOUTH. TO OF CREEK) GEORGE LATHAM ------------------- JAMES F. DOUGLASS & LIBER: 2021 CP 12 LILLIAN J. DOUGLASS DATED: 11/4/37 TO REC: 11/24/38 GEORGE R. LATHAM (CONVEYS ALL PREM NORTH OF CREEK) -------------------------- GEORGE LATHAM, a/k/a GEORGE R. LIBER: 5286 CP 27 LATHAM & ELIZABETH E. LATHAM DATED: 12/28/62 TO REC: 12/31/62 MARGARET L.-- .STRACHAN NOTE: NO DEED FOUND FROM MARGARET L. STRACHAN TO KENNETH M. STRACHAN, -------------------------- KENNETH M. STRACHAN JR. & LIBER; 10340 30 DEIDRE E. STRACHAN DATED: 5/23/87 TO REC: 6/12/87 MARGARET L. STRACHAN LAST OWNER OF RECORD PARCEL E ORIENT HARBOR State of New York) SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says : That she resides at 123 MAPLE AVENUE Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. SWORN TO BEFORE ME THIS AQUE E ABSTRACT DAY OF /�/ l ��= ORP. ARY LYSE OHLARS OFFIC MANAGER KENNETH B.ZAHLER ------- ---- NOTARY PUBLIC,STATE OF NEW YORK r7 SUFFOLK COUNTY-NO.OIZA-4517618 I_l �='1='_I I ��� I f TERM EXPIRES FEBRUARY 28, 1991 1! ; �I A �I 5 11 JUL I � I f 66, 0 I l --- - • 7K".� ..�;1 f`t•..:'(;11biF1J'. ��+�'f.tj,%:I'f`'�'p?:;7'�.(��: �'{'�•Ai�tt���y' ''��'`!•!''�a1:Nf1Z'•'."� —77 WA �/A� • ,. ._... "=rr: .-.. 4� Y 'r�,T,, .ry..lt.,n},� e4f� Y1 Q!•�4 I• •.r!y+?• •f.. /`J/�/(A C ^ 2'� '•••�, .i•' - .i v,•�r ., ..1 ' f r 3 '..atr �,Ji' of]ey: ieJ,° �f�ii ���+�-t fRl.jL � • 1 �D'•O•..�t►l_� .1 �It� ! +�I,,"9 rY4S 'AIVVl�' ��� �urlrajd VS y "� n� w I 1 r 1`l;�i� +'�r r 1{y p•� K �k�j9!C �' O i5 f• y� 'a��1 i .l.l �iC Nap i14�+M •s3 n.454 r-r y r Y�p t A-1�rr Rk 'u f1 ti ,.•f,, , ..t r � tl�j R.r+.�a N�!} ,•,�yy ;.1; r`y= r' �• A �b .�1 (� I ar.• ,fY, +•T� 4`5'1{r1lf i�,t� iR ',Ct�T r I,hj1•-ik` ..i F`j,sr ! y `=`moo /. . rk"' tl�• hl+� L �I,�'�'t tii" } � �r�N, �F�fr 3,.,ir i W /` •^, r ,,,_ rF ,y.,,! r$ITj �' 1r .� T��. `! rs I! 1` 1 Fy'V ,�,�,lj1, ; I rt ' � �J-' 1 ''I/ ''�n�� -'",s�ww`[9!rt � :i�Pl rrr i�t ��`/J 1�� 5 4�}tl!ryY9~r t i�t4::t1�,�•.'`,,"/, ,� '; tap Z ��a,1�t���• 'S,rty��7�'d �•• ''lri1�t`xl t�tlr l"'r 1 1:..":, t o y ..,I •4 t;'�r-'• .:,r:�s �i„c :r, y r�''' r,a�;:a .'.,is,:, . ._ :!��'i<,.• ''� a t '�`` i J1�r•j `1 ! • ��'{'g'tf���l�r y, w rl r � .• .� �: ��;{�,i J ,+Ya�.•Y'rJ� f A7r��fxl ".;lC 5'f�lr�• ,. a tJ.'i '� tZ W CL. ni riii .. �� m O ,:� ffffffMMMMMM t '`� ��-7 '�1Y1: �•�� :. v '� h u ' to �:is:.�,•. n� 1,..:..; :,�Ir� � '' 4I }t '; ;1 .17 ^ Y� 115'• _t r" t / 'r.rt .. r r Ub' 1p N .I�,,i•: y_ i 1. /Qf{ti ' • �'2•,'::.' i:j• y+l'St'�.•y:}v �//�yy C�i 1/ �IJ1L.�� ;,Yr ..�. 'ti i•• .tur r* a 1•s. S •f,�., , t . � �• .�.. �^� 4•i.�t'VS�,1{. tl s V irj d .< , It �t •-I a st t?Jr ti � •O� D^1 II ry� y��.$. ,_,..' q�l�! ,ii'It�,:� .r i? �ti r�w""t�'r 1 Vitt ,. , y - ip , o • , •? 9 � g{�,f{:'d�• ,.•i� �r7�'K� +'� `j(��•, { i ���5� ,.�r} r ;'"��+`�ai tt,.;�'As'�.J •�� • r•.V •�O • .y i 4�•: �* e«, ��N�,�`�y �t 1l�blr'{,t1!I f K J 'fl j, •F'M'�)➢nj���4 • �r AA �f}� Iv yyN�� AQUEBOGUE ABSTRACT CORP. 123 Maple Avenue RIVERHEAD, NEW YORK 11901 f VARIANCE SEARCH TITLE # AAC-796C STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELYSE G. WOHLARS, being duly sworn, deposes and says: That she resides at 123 Maple Avenue Riverhead, New York 11901 and is over the age of 21 years and that she is Office Manager of AQUEBOGUE ABSTRACT CORP. That under her direction, title was examined to the parcels of land described on the annexed Schedule and labelled Parcels: A, B, C, D and E THAT said examination, dated 6/9/89 discloses a chain of title to determine if any contiguous property was owned by an owner of property involved since the date of any previously applicable Zoning Ordinance as of 1957 And that this affidavit is made to assist the Board of Zoning Appeals to the Town of SOUTHOLD to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon truth. thereof. SWORN TO BEFORE ME THIS AQUEBOGU ABST CT CO P. 3RD DAY OF JULY, 1989 BY ' LYS G. WOHLARS KENNETH B.ZAHLER OFFICE MANAGER NOTARY PUBLIC,STATE OF NEW YORK SUFFOLK COUNTY-NO.OJZA-4517618 TERM EXPIRES FEBRUARY 28,1991 1 DESCRIPTIONS Title Number: AAC-796C PARCEL "A": _(SUBJECT PREMISES) ALL that certain plot, piece or parcel of land, situate lying and being in the Town of SOUTHOLD , County of Suffolk and State of New York and being a described parcel County Tax Map Rolls as District 1000 Section 032.00 Block: 01. 00 Lot: 004 . 000 PARCEL "B" _(Adiacent on North County Tax Map. Rolls as District 1000-Section: 027. 00-05.00-002.000 PARCEL "C" (Adjacent on East Z County Tax Map Rolls as District GIDS BAY PARCEL "D" _(Adjacent on the West 1 County Tax Map Rolls as District 1000-032. 00-01. 00-003.000 PARCEL "E" (Adjacent on the South PETE NECK CREEK State of New York)SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and sa-y--s : That she resides at 123 Maple Avenue , Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the variance search under the above captioned title number. SWORN TO BEFORE ME THIS AQUEBOGUE ABSTRACT 3RD DAY OF JULY, 1989 ORP. N TAR ELYS OHLARS i OFFICE MANAGER KENNETH B.ZAHLER NOTARY PUBLIC,STATE OF NEW YORK SUFFO -4517618 TERM LEXPIRES TF A EBRUARY28,1991 2 CHAIN OF TITLE FOR PARCEL "A" : Title No.AAC-796C JAMES F. DOUGLASS & LIBER: 2021 CP 12 LILLIALN J. DOUGLASS DATED: 11/4/37 TO REC: 12/24/38 GEORGE R. LATHAM ---------------------- GEORGE LATHAM,� a/k/a GEORGE R. LIBER: 5286 CP 31 LATHAM, & ELIZABETH E. LATHAM, UX DATED: 12/28/62 TO REC: 12/31/62 MAY LOUISE L. BLANK LAST OWNER OF RECORD CHAIN OF TITLE FOR PARCEL B JAMES E. DOUGLASS & LILLIAN LIBER: 3570 CP 290 J. DOUGLASS AND MAUDE E. LATHAM DATED: 7/31/53 TO REC: 8/28/53 FRANCES E. DOUGLASS ---------------------- FRANCES EMELINE DOUGLASS WILL : 220 W 253 TO DATED: 7/10/31 NELSON DOUGLASS LATHAM PROVED: 6/25/58 SURR. 576P58 ------------------------ NELSON DOUGLAS LATHAM LIBER: 10495 CP 567 TO DATED: 12/7/87 THE PEOPLE OF THE STATE OF NY REC: 12/16/87 LAST OWNER OF RECORD State of New York)SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says.f- That she resides at 123 Maple Avenue Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. SWORN TO BEFORE ME THIS AQUEBOGUE ABSTRACT 3RD DAY OF JULY KENNETH B.ZAHLER NOTARY PUBLIC,STATE OF NEW YORK SUFFOLK COUNTY-NO.OlZA-4517618 TERM EXPIRES FEBRUARY 28, 1991 CHAIN OF TITLE FOR PARCEL C GIDS. BAY CHAIN OF TITLE FOR PARCEL D JAMES F. DOUGLASS LIBER: 2021 CP 12 & LILIAN J. DOUGLASS DATED: 11/4/37. TO REC: 12/24/38 GEORGE R. LATHAM --------------------- GEORGE LATHAM, a/k/a GEORGE R. LATHAM LIBER: 5286 CP 23 & ELIZABETH E. LATHAM DATED: 12/28/62. TO REC: 12/31/62 MARGARET L. STRACHAN, ANN L. BLISS, MARY-LOUIS L. BLANK RALPH W. LATHAM, GEORGE R. LATHAM, JR. & PETER BLANK LAST OWNER OF RECORD CHAIN OF TITLE FOR PARCEL E Petes Neck Creek State of New York) SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says : That she resides at 123 MAPLE AVENUE Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. SWORN TO BEFORE ME THIS AQUEB ABSTRACT 3rd DAY OF July, 1989 NOT RY k ELYSE LARS OFFIC MANAGER KENNETH B.ZAHLER NOTARY PUBLIC,STATE OF NEW YORK SUFFOLK COUNTY-NO.OlZA-4517618 TERM EXPIRES FEBRUARY 28, 1991 I I i 4 i TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF FRIDAY, JULY 12, 1991 Board Members Present: Chairman Gerard P. Goehringer and Members: Dinizio, Doyen, and Villa Members Absent: Grigonis (due to illness) Linda Kowalski, Z.B.A. Secretary and approximately 35-40 persons in the audience. Appl. No. 4033 Applicant(s) : Randi Lacalamita Location of Property: 1395 Henry' s Lane, Peconic, NY County Tax Map No. : 1000-74-1-10 The Chairman opened the hearing at 7:30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey produced by Roderick Van Tuyl with no specific date indicating a penned in carport 18 by 35 in the front yard area. And I have a copy of. the Suffolk County Tax Map indicating this and surrounding properties in the area. Now we' re ready for you. If -you would kindly state your name for the record please sir. MR LACALAMITA: My name is Joseph Lacalamita, my wife is the owner of the property. CHAIRMAN GOEHRINGER: How close to the I guess that' s the northerly property line at its closest point is the carport? MR LACALAMITA: It' s approximately midway between the house itself and the street (Henry' s Lane) . CHAIRMAN GOEHRINGER: Okay, but in .reference to its closeness on the side yard area, how close is it to that property line do you know? MR LACALAMITA: It' s I think three feet. CHAIRMAN GOEHRINGER: Three feet. Could you measure that for us please and let us know on Monday. MR LACALAMITA: Yes I will. CHAIRMAN GOEHRINGER: Okay. The only reason why I didn' t measure was I was down early one morning looking and I didn't Page 2 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. CHAIRMAN, cont'd: want to go traipsing around your property looking for monuments or anything of that nature. Okay? Is there anything you would like to state for the record? i� MR LACALAMITA: Well, my father-in-law who' s a graphic artist did the sketch and on the bottom of the sketch I'm sure you have a copy of it. It said, carport to be settled with blacktop driveway. I got a copy of it with notations that it was approved, unfortunately, on the sketch it said that it was going to be with a blacktop driveway. Unfortunately he didn' t read this green piece of paper that said that it had to be in the back the yard. Well if it was to be put in the back of the yard it would be feasible because it' s too narrow to drive four vehicles. He never intended to bangle or break the law and the structure cost over, close to $4,000. and we' re seeking relief because it' s a little expensive to tear it down, so we' re looking for relief . CHAIRMAN GOEHRINGER: How long has it been up? MR LACALAMITA: Since May. CHAIRMAN GOEHRINGER: This past May? MR LACALAMITA: Yes. CHAIRMAN GOEHRINGER: And you' re planning never to enclose it? MR LACALAMITA: Never to enclose it no'. CHAIRMAN GOEHRINGER: And it presently houses approximately four cars? MR LACALAMITA: Yes. CHAIRMAN GOEHRINGER: Alright. And you will call us and tell us how close it is to that closest property line on the side. MR LACALAMITA: How soon will we know because they' re anxious to know? CHAIRMAN GOEHRINGER: Probably in about a week or ten days. MR LACALAMITA: Very good. I ' ll call you back and you want to know from one property. . . . CHAIRMAN GOEHRINGER: I want to know from the front monument on Henry' s Lane, how close it is and I want to know how close it is to. that closest property line, which is really like the Page 3 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. CHAIRMAN, cont'd: northwest side. MR LACALAMITA: Very good. That' s it? CHAIRMAN GOEHRINGER: That' s it. MR LACALAMITA: Thank you very much. CHAIRMAN GOEHRINGER: Does anybody else have any other questions for this gentleman? (He' s gone) . I'm sorry we had a discussion concerning the individual setbacks myself and the Board since the hearing. I had no idea he was leaving. I'm sorry I apologize. (UNIDENTIFIED) : Do you want us to call him back? CHAIRMAN GOEHRINGER: No that' s alright. MEMBER DOYEN: No unless someone had a question. CHAIRMAN GOEHRINGER: I mean I think he 'pretty much answered all our questions. Did you have any questions? MEMBER VILLA: The only question I had was, did I hear him say he couldn' t drive to the backyard? MEMBER DOYEN: It seems .that he did say that. CHAIRMAN GOEHRINGER: Well' I think the property falls away in the back. MEMBER DOYEN: - He' s got a 21 foot offset on that side. CHAIRMAN GOEHRINGER: Yeah I know. Alright well we' re going to get the approximate side yards that this thing and the front yard that this thing is off so we' ll make a determination at that point. MEMBER DINIZIO: What was submitted to the building department? MS KOWALSKI: That was what was submitted to the building department. MEMBER DINIZIO: This, right here? MS KOWALSKI: That yes and I have another one. MEMBER DINIZIO: I 'm wondering how he could have approved that. Page 4 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. MS KOWALSKI : And this. Do you have a copy of the building permit. CHAIRMAN GOEHRINGER: Yes. } MEMBER DINIZIO: So okay. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in behalf of this application, either for or against? Seeing no hands (TAPE CUT OFF) Appl. No. : 4028 Applicant(s) : Richard Oliveri Location of Property: Crescent Ave, Fishers Island, NY County Tax Map No. : 1000-6-6-20.5 CHAIRMAN GOEHRINGER: (TAPE CONTINUED) That has been again postponed, so we will continue that postponement and I will offer a resolution postponing it without a date at this particular point. ALL IN FAVOR - AYE Appl. No. : 4036 Applicant( s) : Ellen Braunstein Location of Property: Corner of Wendy Dr and Pec. Bay Blvd. , County Tax Map No. : 1000-128-5-7 Laurel, NY The Chairman opened the hearing at 7:45 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey produced by Alden Young, dated October 1, 1975 indicating a one story frame house almost perfectly centered' in the property, a little more toward the rear of the property. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. It appears that the application that is before us is for an addition to the rear of the dwelling which is approximately 15 x 15. We would like to ask the agent for the applicant if he would like to speak please. Just state your name for the record if you would? MR REILLY: Norm Reilly, president of A. Reilly and Sons. If you have any questions I would be happy to answer them. CHAIRMAN GOEHRINGER: This will be a permanent addition to the rear of the dwelling? MR REILLY: That's correct. It' s attached. Page 5 - July 12, 1991 Public Hearing - Ellen Braunstein Southold Z.B.A. CHAIRMAN GOEHRINGER: What kind of foundation will it be? MR REILLY: It will be according to the building codes of the Town of Southold, State of New York, we' ll have a crawl space and it will be framed according to the building codes. CHAIRMAN GOEHRINGER: And I assume the setback I believe is 35 feet and you will have if the Board is so willing to grant this application, a 25 foot setback so you are looking for a reduction of approximately 10 feet? MR REILLY: That' s correct. CHAIRMAN GOEHRINGER: What is the approximate offset off the corner of the house? MR REILLY: Approximately 5 feet. CHAIRMAN GOEHRINGER: Okay great. I don't have any other questions, it' s a one story addition right? MR REILLY: Yes. It will:, slope roof, a. couple skylights and that will be that. CHAIRMAN GOEHRINGER: Does anybody have any problems with that? MEMBER VILLA: Yeah, are they going to leave all of that dense landscaping intact back there, you' re not going to take any of that. MR REILLY: That' s correct, nothing will be touched back there at all. CHAIRMAN GOEHRINGER: Does anybody have any other questions? I have no problems with this application I ' ll make a motion to approve it as applied for. ALL IN FAVOR - AYE. Page 6 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. Appl. No. : 4032• _ a-ad''"4040 Applicant(s) Mary and Peter Blank Location of Property: Peter's Neck Road, Orient, NY County Tax Map No. : 1000-32-11part-of 2 and 4 also lot 3 The Chairman opened the hearing at 7: 50 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a. copy of a map produced by Young and Young or Howard Young the most recent date is June. 4, 1991. Indicating parcel one which is an area which is the nature of this application of 1.6461 acres and parcel two an area of 1.7478 acres and I have a copy of the Suffolk County Tax Map this and surrounding properties and for .the record this was a condemnation I believe by the New York State Department of Environmental Conservation and these are the remainder parcels left from that condemnation. Mr. Angel would you like to be heard concerning this? MR ANGEL: Yes I would. CHAIRMAN GOEHRINGER: It' s so nice to see you again. How are you? MR ANGEL: I haven't been here in a while. CHAIRMAN GOEHRINGER: Yes you haven' t. MR ANGEL: Really not since Bob Villa got on the Board. With his pavilion face it' s a different setting. Can I, do I speak into the microphone? CHAIRMAN GOEHRINGER: Unless anybody complains. MR ANGEL: I prefer just not standing back and addressing you directly in the bank. CHAIRMAN GOEHRINGER: You can hear it? MS KOWALSKI: I think so. I' ll let you know if I don' t. , MR ANGEL: I ' ll speak loudly. Does the audience want, do they hear better if I speak in the mike. CHAIRMAN GOEHRINGER: There' s a microphone right here. MS KOWALSKI : It might be better. MR ANGEL: I' ll do whatever you want me to do. Page 7 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MS KOWALSKI: You better use the mike, that would be better. CHAIRMAN GOEHRINGER: You know what you could do, "you could pull that table over if you wanted to use it. MR ANGEL: Is it better if I speak to the mike? Mr. Goehringer was correct this is an application for variances of lots that were in fact reduced in size as a result of condemnations by the New York State Department of Environmental Conservation, the DEC. As I said my name is Stephen Angel I represent the applicant, an attorney in Riverhead and what we' re seeking here are a series of variances from your Board. A front yard variance as your Board describes front yards, from about 60 feet to 40 feet and a rear yard variance, from 100 feet to 60 feet. A lot depth variance from 400 feet to 40, but the way you measure your lot, the way you define lot depth, did I say rear yard or depth, lot depth is sort of unusual in the ordinance and the nature of our variance here is not going to be as great as it sounds as you see in the survey. And finally a lot coverage variance, we want to increase the permissible lot coverage in this five acre zone from 5% to approximately 160 and 24% given the remaining parcels. Now Mr. Goehringer identified a survey or a couple of surveys-I think that were prepared by Young and Young in this case. We have updated those surveys and I would like to present essentiality the same surveys to you with some additional information on them and they most recently revised today. The first survey which is marked as "A" is . a survey of the area showing the building envelope that we are requesting. The ones showing the variances that we are requesting-, It has bunch of information on it, which you have' on those other surveys but it also includes the 5 foot contour from the Suffolk County Topo. And the precise measurement of the depth of lot as measured by your ordinance. In addition to the other stuff that you see on the one that's already been submitted and with your permission Mr. Goehringer I would like to hand this out. I have a bunch of copies for you, how many would you like? MS KOWALSKI:. About six would be great. MR ANGEL: How we produce this. I think Howard is . . . . Now I have a survey also prepared by Young and Young which is delaminate "B" which shows the extent of the building envelope if all setback requirements were adhered to, given the lot configuration we' re left with. Or the lot configurations we're left with after the ,DEC taking and you will see it' s dramatically less. If you look at those parcels and they' re both shown on Plain "B" , parcel one Page 8 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: originally consisted of 4.1742 acres, parcel two originally consisted of 9 .1525 acres all of the land not remaining was taken by the DEC on October 26 , 1990 . We' re left with as you said Mr! Goehringer parcel being 1.6461 acres and parcel. two being 1.7478 acres clearly less then what' s required under the 200 square foot minimum zoning requirement in this zone. Now I 've mentioned to you briefly what the requested variances are, I don't think that I need to go over with them again. We -.respectfully submit that in this situation we have a practical difficulty, obviously the difficulty was created by the condemnation for the record we have opposed the condemnation from day one, the Blanks of the many people who were involved in the, as lot owners, condemnation conducted by the DEC were perhaps one of two or three that have actually not sit with the DEC they fought it out and tried to maintain their property and did not arrive at a voluntary agreement. There' s no self created hardship by doing this. As I said the DEC took their property there is not even an agreement as to price on their property. That is going to be the subject of a claim in the court of claims. The variances that we' re seeking I respectfully are not as substantial as they seem at first glance. The property around that is developed on lots are not in the, certainly are not 5 acres, the ones on Peter' s Neck. There are some that are small there. More over the lot sizes themselves that we' re left with are surrounded by a tremendous amount of open land that the State has taken, it used to be part of it. We're not in a situation where by allowing the development of these two parcels you are creating houses on what are going to appear to be smaller parcels. They- are going to be surrounded hopefully in perpetuity by the large expansive DEC acquired wetlands. It' s not going to effect the substantial change in the character of the community, we can't solve the problem other then by getting variances from you. I should point out in this regard that in all their conversations and in all their approach to dealing with the Blanks the DEC has taken a position that what is remaining, in other words these parcels one and two that you see, are buildable parcels. They have made payments to Mr. and Mrs. Blank in accordance with law, they have to make an advance payment and those advanced payments are predicated on these two parcels being buildable. I'm not saying you are bound by that, but the DEC has treated it as such. It' s not like they required or paid for the use of these parcels. They have assumed through purposes of their condemnation that we can get a building permit on each one of these parcels. CHAIRMAN GOEHRINGER: Why did they do that Mr. Angel rather than allowing the variances to occur first? f - ' Page 9 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: They wanted to take the property. Their timetable is their own. They just did it. They were convinced, in my conversations with them, know whether they are wrong or right they were just convincing, based upon unidentified conversations with people in this town that they were going to remain as buildable parcels. They never explained to me why they were convinced of that. Though I have had numerous discussions about the value of property and they have always taken the position, that what remains are two building lots. But as far as waiting for a variance,. I personally think that they have an agenda, they wanted to acquire a whole bunch of properties in Orient. The properties were acquired under funds that were made available back in 1972 on the 1972 environmental bond act. They developed their agenda and they just went ahead with it. I don't think that they made municipal. approvals. There wouldn' t be municipal approval applications on anything that they did in the Orient positions. CHAIRMAN GOEHRINGER: Thank you.,; MR ANGEL: The other thing that is involved in this application is there' s also a 280A application because we are building on a private road. That' s a little bit of an interesting question, because I think 280A requires an application for a variance to build on a road that' s not part of the official map. If you look at your official zoning map the road is on that map. I leave it to you people to decide whether the 280A application would- be necessary in this case. I believe that when my associate John Wagner checked into the necessity of the 280A application there was a subdivision done at the end of Pete' s Neck off this road within the last few years, a minor subdivision and I don' t believe that that had a 280A application. That doesn' t necessarily mean that we shouldn' t, . but I want to bring that to your attention. We previously submitted single and separate certificates that go back until 1962, we' re led to believe that in. 1962 and even . prior there to has been thereafter for a few years the town uniformly allowed divisions to these large lots without the necessity, especially where there' s only a five lot and four lot subdivision, not be a necessity of minor subdivision frugal. I 'm here and the Blanks are here to answer any of your questions. CHAIRMAN GOEHRINGER: How long has this road been in existence? MR ANGEL: Well the road was created as a.:-separate parcel in 1962. How long is it physically been there? Page 10 - July 12, 1991 Public Hearing -Mary and Peter Blank Southold Z.B.A. CHAIRMAN GOEHRINGER: Yeah. MR BLANK: 1938 . CHAIRMAN GOEHRINGER: And how long has it been in actually improved to the point of either asphalt or some sort of hard base surface. MR BLANK: 1955, something like that. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: And there' s one thing that by the way John was going to be here tonight, but somebody is ill in his family, he could be here so I 'm. handling this all by myself. He promised that he'd bring Linda a copy of the Peconic Bay Estuary CEA, the critical environmental area map and a resolution. It is possible, again I 'm not sure, that we fall within that area. I 'm not as you can see from looking and I have an extra copy of this map, as you can see from looking at it is not a very paced boundary. CHAIRMAN GOEHRINGER: We've had that trouble with the flood plain maps, I assure you. MEMBER VILLA: Jerry could I ask you a question? CHAIRMAN GOEHRINGER: Sure. ` MEMBER VILLA: Mr. Angel, I don't have' a problem with the 40 foot setback from the front,lt from the road too much, but looking at the parcels, looking at parcel one, just working off this as a one inch equals 100 feet, it would appear that the depth of parcel is about 60 feet plus or minus. The _building envelope. Now, the Trustees will require a 75 foot setback from the wetlands, have the Trustees been approached at all on this? MR ANGEL: No they haven't. The reason, in fact, I'm going to brutally honest with you, I' ll just tell you what happened in this application. When we originally drew the, or asked Howard Young to draw the lines, we suggested a 75 foot setback from the wetlands line and Howey told us, Howeys very familiar with this area. Howey was the surveyor for the DEC on all the acquisions and) has been involved in applications representing people on both sides and he suggested the setbacks that we have now because I guess with the DEC taking he was familiar with the DEC approving a setback similar to the ones that you see here. He had made that suggestion to give us more area in which to deal with Page 11 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont' d: the zoning, more area to deal with placing the structures for a house. MEMBER VILLA: Well I just, I 4ias just wondering if your clients would you know if you reduce that 60 foot plus or minus to meet the 75 foot from the wetlands you still have a 35 foot building envelope and most houses aren' t 35 feet in depth. MR ANGEL: Which one are you talking about parcel one or parcel two? MEMBER VILLA: Parcel one. Parcel two you even have a greater depth with that one is about 90 feet plus or minus. MR ANGEL: Well needless to say, we like the flexibility, certainly 35 feet to build a house is sufficient, but here you are talking about, we want an area that may be sufficient to place a deck or a pool, we don' t know what' s going to come in ultimately when an application. is made to build a house. We realize that we have to make an application to the DEC after we come before you .and we have to make an application to the Trustees, all of those application's will be made. So if I have a way to, if I can take a position I would sooner have the building envelope as it appears on the survey and then make my application -to the Trustees and deal with their setback before that Board. MEMBER VILLA: They are looking down a loaded gun, so to speak, because you have already gotten' a variance from us. MR ANGEL: We haven' t gotten a variance from them though. MEMBER VILLA: No. I know. But it makes it more difficult. That' s why I was wondering if you could live within the existing setbacks without. requiring the variances. MR ANGEL: Well to be honest with you, I think that parcel one, there would be a diminution in value in the lot if we went to a 35 foot, if we went to the 75 foot setback. Parcel two is more, is. . . MEMBER VILLA: Yeah it' s 90 feet. MR ANGEL: Is a bigger area, we have more room to play with. Once you get down in this area, I don' t know if you. have visited the property Bob, you have, it' s magnificent property. MEMBER VILLA: Oh yeah. r Page 12 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: I mean it' s one of -the .two nicest lots I 've seen since I 've been practicing on Long Island. In my opinion, the constriction of the building envelope in lot number, . given by that additional 50 feet, may make a substantial difference in value to the parcel, 'because you are looking at a parcel that is going to appeal to somebody with means. MEMBER VILLA: Well you are talking about a deck or something, would they be at all adverse to restricting a major, you know a major building where you would. require a foundation and everything else to the 75 foot. MR ANGEL: I haven't laid it out but, it sounds, we certainly could look at that. The idea of the building envelope since nothing has been designed as yet and we' re left with the condemnation facing us that assumes that you guys have done all this is to find out whether we do have the right to build on those lots, certainly that' s an important issue for us in facing the condemnation part. But you know, I mean I can't, we haven't analyzed that setback, but it seems to me that if the house is, if the foundation is sufficient enough for a house and there is more room which could fit deck and other accessory structures could probably be easily livable. CHAIRMAN GOEHRINGER: Any other questions? MEMBER DINIZIO: Just as far as size is concerned of parcel one, what is the footage, the road frontage of the buildable lot? I . . . MR ANGEL: What is the what? MEMBER DINIZIO: The road frontage of the buildable parcel. There is no measurements on here so I really can't. CHAIRMAN GOEHRINGER: Yeah, they are Jim, it appears it' s a 298 + 146 + 99. MEMBER DINIZIO: No, no I'm talking about just this part. MEMBER VILLA: You' re talking about the envelope. MEMBER DINIZIO: Just right here. CHAIRMAN GOEHRINGER: Oh, the envelope. MR ANGEL: We could scale that off. It' s 140, 1 inch equals 40 or 1 inch equals 100. CHAIRMAN GOEHRINGER: , 1 inch equals 100 . Page 13 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: What does that look like Bob about 160, 175? MEMBER VILLA: Probably more then that about 180. MR ANGEL: Okay 180. And the other one' s maybe 200 . We have no expectation that there would be structures in that entire area. What we've chosen is a building area in which we can impose the structures. I don' t think there's any intention of developing a 24% coverage on this lot with impervious materials, you know we would, if you felt it necessary to limit the percentage of coverage to something less then that if it fit in this area we would have no objection to that. What we want is . . . MEMBER VILLA: That' s an area where you could put a house. MR ANGEL: An opportunity, yeah an area where we could put a house potentially a pool if they wanted it potentially a deck. Some area where we can locate those structures, that' s what we're looking for. CHAIRMAN GOEHRINGER: When you referred to the 16% of lot coverage, Mr. Angel, you are referring to-lot number one or lot number two? MR ANGEL: 16 is lot, the 16% lot coverage is the total building envelope shown on "A" for lot number one, given the reduced size of the lot. The 25%, and it' s slightly more than that, it' s shown on the map by the way, the computation, all these computations are on that new map. You' ll see it on, the side, it' s 24.7 and 16.8' and it shows it Jerry on the right hand side. CHAIRMAN GOEHRINGER: Yeah. I see it now. I was still going back to the first map. MR ANGEL: If you use this . . . . By the time Howey prepared this today he put on just about everything. The only thing we don' t have on is the flood zone, which I tried to read and is either A6 or B something. CHAIRMAN GOEHRINGER: We have a copy for you if you want it. MR ANGEL: I have a map too. But as you know, the flood zone questions are going to, they' ll have to be determined at a construction phase, if whatever the construction requirements of the particular zone we' re just going to' have to move them. CHAIRMAN GOEHRINGER: Right. Does anybody else have any Page 14 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN, cont'd: further questions concerning this? Anybody in the audience like to speak concerning this application? Seeing no hands, Mr. Angel, I assume we' ll continue with the deliberations after this and any other further questions gentlemen? Okay. Hearing no further questions we thank. you for your presentation and I' ll make a motion to close this portion of the hearing reserve decision until later. We' ll extend this hearing until Monday in receipt of information from the Planning Board concerning the subdivision in this area. MS KOWALSKI: Just a written part of the record. CHAIRMAN GOEHRINGER: Written portion. ALL IN FAVOR - AYE. Appl. No. : 4034 Applicant(s) : Anthony and Maria Mercorella Location of Property: 2260 Peconic Bay Blvd. , Laurel, NY County_ Tax Map No. : 1000-145-4-4 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of the plan, the placement of the building appears to be in the same position as it was in 1990, the difference and the nature of this application appears to be the fact that we are now asking for a second story accessory dwelling for .storage purposes. How do you do sir., would you kindly state your name. MR MERCORELLA: Mr. Goehringer, my name is Anthony Mercorella I'm the applicant. CHAIRMAN GOEHRINGER: How do you do? Is there anything you would like to state for the record Judge? MR MERCORELLA: Yes, we would rather put the preliminary plans together rather hardly after remodeling the which is located on the same piece of property and so that we did not consult at length with an architect. But this house, after having dispensed with certain sums of money to remodel it, leaves us short of any storage area. We have no basement because of the wetland situation, we have no attic space . because of the height restrictions and we have a half acre of property and we do have a deck, we have considerable garden furniture and I do a lot of gardening and we need to store our gardening equipment and our garden furniture and other Page 15 - July 12, . 1991 Public Hearing - Anthony and Maria Mercorella Southold Z.B.A. MR MERCORELLA, cont'd: things we are intending to everyday living in some area other than the house. The house itself when we applied, when we built the house we conformed to the original envelope,, the original foot. We didn't apply for a variance with respect to that. So it' s a question of convenience, the story this time and also we want to conform the accessory dwelling to the existing house, so there would be some symmetry. We had previously asked for a, a pull down ladder, but that wouldn't afford us the excessive building to store these rather large things upstairs. Also we intend to buy a boat perhaps and we would like to store that in the garage and that would preempt us from any necessary storage space. Basically that' s it. CHAIRMAN GOEHRINGER: Could you tell us the purpose of the half bath on the second story. MR MERCORELLA: The half bath is really a, I would want a sink and a toilet basin so that I'm in the garage or in the little work shop that I would like to put in the garage I don't have to run back to the main house: CHAIRMAN GOEHRINGER: Will the building be heated in any way? MR MERCORELLA: No sir. CHAIRMAN GOEHRINGER: Okay. . I thank you so very much. Before you sit down, does anybody have any questions from this gentleman? Thank you so much. Is there anybody else who would like to speak either in. favor or against this application? Seeing no hands I11;1 make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Appl. No. : 4035 Applicant(s) : Mr. and Mrs. Eugene Croasdale Location of Property: 595 North Parish Drive, Southold, NY County Tax Map No. : 1000-71-1-6 The Chairman opened the hearing at 8:20 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch, it' s actually a site plan produced by Garrett A. Strang Architects, the most recent date is June 19, 1991 indicating the proposed garage addition approximately 13 feet from North Parish Drive and it appears 16 feet wide and approximately 22 feet deep and approximately 4 feet from the westerly property line. I have a copy of the Suffolk County Tax Map indicating Page 16 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. CHAIRMAN, cont'd: this and surrounding properties in the area. How are you Mr. Strang? MR STRANG: I'm fine thank you; yourself? CHAIRMAN GOEHRINGER: Good, thank you. MR STRANG: The application I think pretty much states what we' re trying to accomplish here. We have an existing house ,that was built probably somewhere in the mid sixties, mid to later sixties. It does not have a garage. My client, Mr. Croasdale, is not the original owner or the. person who built the house, he' s purchased it I guess in one of the resent years and is the second or third owner. He has a need for a garage. The placement of the house, I guess at the time it was built it was set with a minimum front yard, now for what reason I can't say. I believe that the front yard, existing front yard was in compliance with the zoning at the time it was built. And we have no real alternative as far as a placement for a garage on this property. There is a driveway there presently where he can park his car on site, but again we'd much rather prefer to be able to house his car in the garage and since we can't put the garage in the rear yard and there' s really no room to place it on the side, given the side yards as being what they are. We' re left with this as our only alternative for the placement of the garage. CHAIRMAN GOEHRINGER: It' s an interesting situation because we have been wrestling with the differences between front yards and rear yards in waterfront parcels for years and the problem that we have is that we always wanted enough area so that if the garage door was closed, the car would at least being outside of the garage would be on the person'.s property and not hanging out into the road and that' s one of the problems that we have here with this particular application, unless you had a Honda civic, the car is going to hang out into the road. MR STRANG: Well the reason if you' ll note on the site plan did indicate that although the property line is given, the actual right of way is wider than the actual pavement which is normal in most communities today and the edge of the pavement is depicted on the site plan and there is a 25 foot dimension from the edge of the pavement to the garage if they were parked in the front of the garage, so in essence, although the vehicle would not be totally contained.within the property, it still would not extend out into the public traveled road. CHAIRMAN GOEHRINGER: Okay and what is the purpose of the 4 Page 17 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. CHAIRMAN, cont'd: feet from the, I assume that' s west. . MR STRANG: The 4 foot side yard on the west is. presently as you see noted on the site plan'I`there is an existing entry porch which is our intention to become a basic vestibule transition area. There is a door that comes from presently, that comes from this porch and enters into the kitchen area, which is in what I ' ll refer to as the southwesterly corner of the house, that is the garage, I'm sorry is the kitchen and . there is a door from the kitchen out into this area that' s noted as a porch, so the 4 foot is sort of dictated so that we have 3 feet left over if you will from the existing corner of the house to allow entrance into this area without having to walk through the garage and get to the door to the kitchen. CHAIRMAN GOEHRINGER: What' s the approximate height of the garage wall in that 4 foot setback area.. MR STRANG: It would be a normal 8 foot wall, obviously probably one course of block or-` cell -above grade, because 8 inches is mandated by .code to be from existing grade to the beginning of framed structure, so we'd be,a- looking at maybe 9 feet to the plate line and then give a little. CHAIRMAN GOEHRINGER: - both sides. MR STRANG: That' s right base to the road as I imagine at the present time. CHAIRMAN GOEHRINGER: I don't have any other questions. Does anyone else have any questions? Mr. Villa? Dinizio? MEMBER DINIZIO: No. MEMBER VILLA: I I know why you have the three foot offset, but is it really a problem to line up the garage so you'd have a 7 foot offset, I mean we normally require what' s it 10 feet? CHAIRMAN GOEHRINGER: Yes. MR STRANG: The side yard would normally be 10 feet in this district, yes. If we were to slide over the other 3 feet that would basically mean you'd have to walk through the garage to get into the vestibule if we go that particular transitional area and into the kitchen, through the kitchen door, so we did shift it off to the side specifically so that you could have a door at that point or opening or someway to get into this transitional area to get into the kitchen without having to open the garage door per say and walk Page 18 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. MR STRANG, cont'd: through the garage. MR VILLA: I realize that but you still, even if that we would have to grant a variancelbecause it would be 7 feet instead of 10 . MR STRANG: That' s true. Even if it were to be in alignment with the corner of the house we would need a variance still for the side yard and it really, we did look at the possibility of shifting it further to the east which would prevent, would present a difficulty in that we have a window in the kitchen, the only window in the kitchen is basically right , on that corner of the house facing the southerly direction and we would then be coming over that window and not allowing any natural light to come into the kitchen. CHAIRMAN GOEHRINGER: Also the other thing would be of course if the Board would grant any type of alternate relief or this application as it stands, it will clearly state that there would be no closing of any other side yards and the other side yard would be the east side yard. MR STRANG: That's right I don't see any reason why we would have (microphone not picking up) no further encroachment on the other side that would maintain a 17 foot side yard. ' CHAIRMAN GOEHRINGER: Okay. We' ll see what else develops, thank you very much for your presentation. Is there anybody else who like to speak either for or against this particular hearing? Seeing no hands I make a motion closing the hearing reserving decision until latter. ALL IN FAVOR - AYE. Appl. No. : 4024 Applicant(s) : Ronald Stritzler, M.D. Location of Property: 3055 Soundview Ave, Mattituck, NY County Tax Map No. : 1000-94-1=14 The Chairman opened the hearing at 8: 30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: One behalf of Dr. Ronald Stritzler it is a hearing that we have postponed from the last regularly scheduled meeting and, Doctor, you have patiently sat there through the major portion of our hearings tonight and you are very welcome to speak, we do have some questions of you. DR STRITZLER: I'm the applicant and I would be happy to . answer any questions or address the issue of why we selected Page 19 - July 12, 1991 Public Hearing - Ronald Stritzler, M.D. Southold Z.B.A. DR. STRITZLER, cont'd: this however you wish. CHAIRMAN GOEHRINGER: Why don't you address that issue of why you selected that area. F DR STRITZLER: For those of you who have seen the property I think, would recognize that the contours of the property are very steep and there are numerous trees throughout as well as lawns and gardens and berms that we have worked on for quite a few years now. The particular site that we have chosen is one where we have a vegetable garden many years ago and we know it' s been level and although there has been some incredible pollination and growth there over the years, it looks a lot like the amazon jungle. There is actually very few trees that have to be taken there as opposed to any other . conceivable site where there would be more than 24 trees that we have calculated. There, there may be at most 4 and only 2 and obviously both the cost involved in leveling the land and the environmental effect have made this a seemingly the most preferable site. And also there`s an issue here that we can punch in right from the road with the equipment necessarily, excuse me, do the tennis court, whereas at , actually any other site the equipment would have to come on our land and would- certainly cause some problems in terms of lawns and gardens we have. CHAIRMAN GOEHRINGER: Dr. the approximate size of the court itself, is how wide? DR. STRITZLER: It' s approximately 120- feet in length, maybe 140 feet, I forget frankly, by 65;. I'm not, frankly I've forgotten those exact measurements, I .didn' t look at the dimensions before I came, I'm sorry. CHAIRMAN GOEHRINGER: Right. And the fence you' re proposing is 8 feet or 10 feet? DR. STRITZLER: 8 feet, it' s an 8 feet fence, said by the person to put it up to be "invisible" . It' s not a chain-link fence by the way. CHAIRMAN GOEHRINGER: Oh, it' s not a chain-link. DR. STRITZLER: It' s not' a chain-link fence, it is a that is much less visible than a chain-link. CHAIRMAN GOEHRINGER: And the court will not be lighted? DR. STRITZLER: It will not be lighted. Page 20 - July 12, 1991 Public Hearing - Ronald Stritzler, M.D. Southold Z.B.A. CHAIRMAN GOEHRINGER: Well we' ll go over to my other two gentlemen over there, fellow Board Members, and ask them if they have any questions concerning this application. MEMBER VILLA: My only concern is that it' s quite close to the neighbors house, the neighbors house is very close to his property line and that' s why I was wondering if it couldn't possibly be shifted to some extent. DR. STRITZLER: I'm not sure, which house? MEMBER VILLA: Well on the survey it says something about Rodney W. Cane or John Miller I.'m sorry. CHAIRMAN GOEHRINGER: John Miller. DR. STRITZLER: That property there, there' s no house there, I actually spoke to the man who' s actually willing to come here with me to support my presentation actually. So in .terms of that particular man, there is no objection. In terms of fixing it, I would be willing to shift it to any reasonable degree, but the shifting will then involve the knocking down of trees, to a significant number. CHAIRMAN GOEHRINGER: Any other questions? Dr. we thank you so much for coming in and it' s a pleasure meeting you. I was up the other night in between, the lights were on, not in the house, there were some spot lights on, I did run up with my old pick up and I did look at the area-. It' s a beautiful piece of property. Absolutely magnificent. DR. STRITZLER: Thank you very much. CHAIRMAN GOEHRINGER: We' ll do the best we can for you. Thank you again. Hearing no further questions I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Page 21 - July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. Appl. No. : 4036 Applicant(s) : Joan and Richard Zeisler Location of Property: 700 Jackson' s Landing Rd, Mattituck, County Tax Map No. : 1000-113-h-9 NY The Chairman opened the hearing at 8: 35 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick Van Tuyl P.C. dated July 11, 1991 indicating a proposed garage in the dotted postage stamp area. that most surveyors usually use showing approximately 23 feet from the front property line, 9 feet from the southwesterly property line and somewhat falling within the normal conformities of the existing dwelling. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Zeisler would you like to be heard? MR ZEISLER: First of all I just want to say it' s Joan not John Zeisler. MS KOWALSKI: Oh. That' s a typo. I 'm sorry. MR ZEISLER: I'm now calling her Joan. We'`re moving out here permanently and we really need the garage for. just storage space, we' re going to have ground. There' s going to be no becoming a nuisance. Certainly an accessory building as a garage and a storage space above and on the rear walls. You know the normal. CHAIRMAN GOEHRINGER: Okay. i Is it going to be a one story garage? MR ZEISLER:. Well it' s the same, I'm sorry, here is what it' s going to look like. CHAIRMAN GOEHRINGER: Okay. MEMBER VILLA: It' s the same height as all the other buildings. CHAIRMAN GOEHRINGER: All the other attached buildings. Okay and what' s the approximate size 20 X 20? MR ZEISLER: 20 X 20. And we' re not doing any excavating, it' s going to be on a slab. Do you want to see a nice picture? CHAIRMAN GOEHRINGER: Really nice. I remember when we had the original Flood law variance. Thank you. All those • r Page 22 - July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. CHAIRMAN, cont'd: portions of those buildings were actually brought in, were they brought in separately or were they built on site. F MR ZEISLER: No, they were all built, everything was built on site. CHAIRMAN GOEHRINGER: Everything was built on site. MR ZEISLER: And as I say the DEC will give a letter of non- use decision. We have over the 10 and half feet in the width. We haven' t gotten it yet, but they told me on the phone, with the 10 and half feet and where as we have DEC approval for everything else and this is the furthest away from the water so. CHAIRMAN GOEHRINGER: Great. Thank you very much. You want your get a picture back right. We have a tendency to keep pictures, do want this back? MR ZEISLER: Yeah, that I need. CHAIRMAN GOEHRINGER: That' s alright as long as I have the site map. Thank you. Is there anybody else who would like to speak in favor or this application? Is there anybody who would like to speak against the application? Hearing no further comments, I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. BY (Hearings transcribed by tape, not present at hearings) I J APPEALS BOARD MEMBERS pia':�`:'y' P f SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis Jr. '' = c;: ..r Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. . . Southold,New.York 11971 Robert A.Villa Fax (516)765-1823 Telephone(516)765-1809 `= ,� Z Telephone(516)765-1800 BOARD OF APPEALS TOWN OIF SOUTHOLD August 13, 1991 Mr. Richard C. Ryan, Regional Supervisor N.Y.S. Department of Environmental Conservation Building 40 - S.U.N.Y. Stony Brook, NY 11790-2356 Re: ZBA File Nos. 4032 and 4040 - Peter and Mary Blank Your Letter of August 2, 1991 Dear Mr. Ryan: We have prepared the copies with certification as requested by you concerning the above project. Please forward to our office a check in the sum of $30. 00 in payment of 120 copies at the town' s rate of $ .25 per page. Since we understand these parcels are the subject of litigation between the State and the property owner, you may wish to have someone pick up the copies instead of having it mailed to you. very truly yours, Linda Kowalski Fax Transmission to 751-3839 r' APPEALS BOARD MEMBERS± rf J/`»y1 +`7/if SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. tti t Town Hall 53095 Main Road Serge Doyen,Jr. `' x ze P.O.Box 1179 K_ James Dinizio,Jr. Robert A.Villa ',,1 :' � �- Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 -, Telephone(516)765-1800 BOARD OF APPEALS TOWN Off'SOUTHOLD CERTIFICATION TO WHOM IT MAY CONCERN: Attached is a complete set of photocopies of the documentation made a part of the record under ZBA No. 4032 and No. 4040 up to and including August 13, 1991. I hereby certify that I have compared these copies with the original files and find them to be a true and accurate reproduction of same. Dated: August 13, 1991. Linda F: Kowalski, Secretary Southold Town Board of Appeals I �7 CORRECTED COPY 8/2 r � Intro. Res. b. 1707-88 Laid on Table 7/12/$a Introduced by Legislator Tniele RESOLUTION 140. - 1986, ADOPT14G LOCAL LAW NO. YEAR 1988, A CHARTER LAW TO EX PANG THE DESIGNATION OF CRITICAL $NVIRONMENTAL AREA (PECONIC BAY) WHEREAS, there was duly presented and introduced to this Co unr., Legislature at a regular meeting held on 1988 9 l-Ca_ law entitled, "A CHARTER LAW TO E, ' , . � a ro.rI _..�.,. EXPAND THE DES.CaNATIUN OF �,PI'?'i�.� -..+IRQN'MZNTAL .AREA", and said local 'law in Final corm iS the Same as 'W'.••r_sented and _ -; :low, r ,reforms be it RESOLVED, that said 'local law be enacted in final form as follows: LOCAL LAW NO. YEAR 1988, SUFFOLK COUNTY, NEW YOp.K A CHARTER LAW TO EXPAND THE DESIGNATION OF CRITICAL ENVIRONMENTAL AREA BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, a:follows: Section One. Legislative Intent. This ` Legislature hereby finds that the Peconie 'Bay and its immediat surrounding area contain natural resources requiring the most stringent,steps t Protect them as integral components of Suffolk Co unty's unique ,environment fragile scenic beauty. This Legislature further finds and determines the following in connectio with--the nature of Peconic Bay and its immediate_ surrounding area: public healthsthat its preservation will constitute: a benefit to th . Z.) that any development of portions of 'this land migh adversely affect the public or private drinking water supply an constitute a threat to the public safetys 3.) that the vegotation and fauna of this land constitute n atural Get" providing a wildlife habitat and open sipaces 4.1 iff*M t it is part of the County's heritage of Long Island an i$ of histaepraational, and educational significances SO that it contains an inherent ecological, geographic--. hydrological sensitivity to change which could be adversely affectb�: any change in the natural characteristics and integrity of the landscape vegetation, soil, or aquifer of this lands 6:) that'it constitutes an important factor in the proliferatio or perpetuation of wildlife, plant communities, open 9)?ace, scenic valu•• " purity of groundwater and surface water, wetland values, and/or watersh, protections and 7. ) that it harbors or contains habitats for endangere threatened, or 'spseial eoaearn" species, as identified by federal or a York State authorities, and/or rare species or rare-plant communities identified by the New York Utural heritage programs, as being of state global significance. Therefore, the purpose of this law is to expand the designation sensitive land within the County of Suffolk as a critical area of environment concern so as to ensure that any actions taking place wholly or partially Witt Or substantially contiguous to such area will be considered as Type I actic under the NEW YORX STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA), and Local I 22-1985, thereby increasing the likaiihood that environmental iapact statemer will have to be prepared for projects and/or actions commenced therein. 'Section Two. Definitions. A. Actions shall meant 1. ) ]r0)ecta or physical :tivities, such dS rOn3tC 1_ti'�n � ` o- activities which change the ___ or appearance of env naturt resource or structure, which: ( i) are directly undertaken'by an agency; or (ii) involve funding by an agency; or (iii) require one or more permits from any agency •o agencies; 2. ) planning activities of an agency that .omitit the agency to definite course of future decisions; �. .�_L- - . - ar.d 4. ) combinations of the above. a. Capital - Pro)eets commonly consist of a set of activities or stet (e.g. planning, design, contracting, construction, and operation) . For th purposes of this law, the entire set of activities or steps can be considered a action. If it is determined that an environmental impact statement i necessary, only one draft and one final environmental impact 8tatement 'nee,' prepared on the action if the statements address each step at a level of de.. sufficient for an adequate analysis of environmental effects. In the case of project or actzvity involving funding or a permit from an agency, the ent: project shall be considered an action, regardless of whether such funding permit relates to the project as a whole or to a portion or component of it. Section Three. Expansion of Critical Environmental Area. Section 37-7(A) of the SUFFOLK COUNTY CHARTER is hereby amended by tk addition of• a new subsection 9 to read as follows. S3 7-7 A. The following lands within the County of Suffolk, as mo particularly described below, are hereby designated as critice \.r environmental areas pursuant to 6 NYCRR S617.4(j) . r r r r 90 the ba s east of the mouth of the Deconic River to a i-4-cluding 51ack Islandthe =3 G;neath the bars and al a: Immediate&V V&thln live hundred (500) foot of t a M6rerrne o the ay and/or Its sr es. ' Section lour. ftesptions. This law shall not ap?"y to the following actions: 1. ) replacataent of a facility, in kind, on the same atte unles such facility meets any of the thresholds in 6 NYCRR S617.12; 2. ) ) the granting of individual setback and lot-line variances; 3.) agricultural ' farm eanagerasnt practices includi construction, maintenance, and repair of farm buildings and structure and land-use changes consistent with generally accepted principles f arm.ingi 4. ) repaving of existing highways not involving the addition new travel lane sl S. ) street openings for the purpose of repair or maintenance existing utility facilities; .6. ) installation of traffic control devices on existing 'stree toads, and highwaysi 7. ) public or private forese-management practices other than removal of trees or the application of herbicides or ;pesticidesl I'.A fG P.c:. NO. 111J]'f76 r. • . j IC • 8. ) construction or placement of minor structures accessUry ac appurtenant to existing factlitie3 including garages, carports, vati,.)s. home swimming pools, fences, .barns, or other bullding;s not zhanclirq la:: use or density; i.. 9. ) maintenance of existing landscaping or natural growth; 20.} mapping of existing roads, streets, highways uses, ant ownership patterns; ii. ) inspections and licensing activiti?s celaLing to t - aunliEic.at,ong o? ind_vic?•-,als or businesses to engage in t1neI or proF:ss:or.; l2. ) nurehase or sale of Furnishings, aqui,pment, or suppl ia:including surplus government property other than land, r•Adtoacriv: material, p&sticides, herbicides, or other hazardous materials; 13.) routine or continuing agency aA ministrat.ion and management not including new programs or major reordering of priorities; 14.) license, lease, and permit renewals where there will be nc material change in permit conditions or the scone of permitte. activitiesi 15. ) routine activities of educational institutions which do nc involve capital construction including school closings, but not change I. use related to such closings; 16. ) information collection including basic data collection an research, master-plan study components, water quality and pollutio studies, traffic counts, engineering Studies, borin,; studies, surveys and soil studies that are not a preliminary step towards any given Type projects and 17. ) minor temporary uses of land havinlg negligible or n permanent effect on the environments 18- ) collective bargaining activities, 19.) investments by or on behalf of agest,cie>3s or pension o retirement system # or refinancing existing debts and 20.) the extension of utility distribution facilties to sery new or AltOX06 .2ingle or two-family residential structures, or to rende service in appsrelved subdivisions. Section Pive. 880RA Ce tdxmination" This Legislature hereby finds and dotertmines that this law constitute's a unlisted action pursuant to 5617.2(a) (b) of Title 6 of the NEW YORK CORE 0, RULES AND REGULATIONS (N YCRR) and will not have a significant adverse impact .. the environment within the meaning of SS-010912) of the NEW . YORK ENVIRO MENTA' CONSERVATION LAN for the following reasons: 1.) the public health will be promoted and benefited by t contemplated designations: 2. ) areas that have inherent ecological, geological, hydrological sensitivities to change will be favorably affected; and 3. ) enactment of this law will not result in any changes in u or adverse impact on the environment contemplated by S617.11 of the SEC regulations. Section Six_ Coun_�Oertiment$ All County departments, agencies, employees, officers, officia. contractors, and consultant$ shall fully Cooperate with the Suffolk Cou.- Legislature upon the request of any legislator, the [w gislalture as a whole, any authorized agent thereof, in implementing the provisions of this law. Section Seven. Ef factive Da to 9 - a • .CEO a.os. '10. 1 7�i-53 ., This law shall take effect immediately uPon Piling in the office of t1- Secretary of State. This law shall also be filed with the Coeimi9s1oner of tl�- New York State Departcnenc of Environmental Conservation with said designaeion to take affect thirty (30) days after Such filing in accordance with 6 wicrt- �, 5617.4(k) - ____ Underlining shall mean addition. DATrn: APPROVED BY: County ^eacutive of Suffolk County Date of Approval: I coNaln iu�l _ —•••� •� ' NIYr TDF.c ' .' J:;nr,a 1sDrY Saasd 1 A N D i . Island i, Sound Gardiners I ti 3�0'U 1 N D•.i D Bay Ode Peconic -3; Boy Great MoAeogvr Boy i g'•... Lyn6ris Bry i Pe[ +r11C r. •� _ �: Bay ,]..,,.N `d M r M vtl- ;�� „ �..w C BAY ESTUARY S ',I I �• n ., fir.Ti ` 4�{ innecorl�-4 B ��.. . ` Z�II�Eoy YR�T�YA� E � a1NTAl . 1` _�` r�[ "ice_ ` .is-' --• _. JmlacjK line represents " Five Eastern Towns -� " 500' from Peconic Bay county of Suffolk, New York and tributaries t A N 1 I C PrciSarrQ by: SUFFOLK COUNTY PLANNING UEPARTMhNT 0 C E A M New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11790-2356 ( 516 ) 751-2235 FAX ## ( 516 ) 751-3839 Thomas C. Jorling Commissioner August 2 , 1991 Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Attn: Mr. Gerard P . Goehringer, Chairman RE : ZBA Applications File No. 4032 - Peter Blank File No. 4040 - Mary Blank Dear Mr. Goehringer: Please provide this office with a certified copy of the complete files for the above-noted. This information is necessary to the official business of the Department. Thank you for your consideration and assistance with my - request. pVVetruly yours, r Richard C. Ryan Regional Supervisor Real Property - Region I RCR:rr Town of Southold Column No. Bulk Schedule for Residential Districts [Added 1-10-89 by L.L.No. 1-19891 ii iii iv v A x vii ix District xi Residential Unit xu Minimum Requirements for 1-famil detached A C R-90 R-80Where dwellings Y detach R-120 R-200 R-400 HD RR RO Water and Community 2-Family Detached Lot site(square feet) Available Dwellings in R-80 Lot width(feet) 80,000 40000 District Lot depth(feet) 80,000 120,000 200,000 4 Front 0,0 1,0 175 00,000 20,000 — yard(feet) 250 175 l00 270 270 20 5 40,000 Side yard(feet) 60 250 300 400 75 75 150 10,000 Both side 50 60 60 900 120 120 60 160,000 yards(feet) 20 15 20 60 175 80 270 Rear yard(feet) 45 85 30 30 60 35 35 50 900 Livable floor areas 75 45 60 60 30 15 15 30 unit) (quare feet per dwelling 850 50 75 6 60 30 30 5 15 60 850 "_ $50 100 100 35 35 30 30 Maximum 850 850 850 8502 50 60 Permitted dimensions: 8503 850 30 5 Lot coverage(percent) 850 85 Building height(feet) 20 20 850 Number of stories 35 20 10 5 35 35 5 25 25 NOTES: 2� 2% 2� 2� 35 35 20 25 See text of chapter % 2% 2� 35 35 35 10 Except and Density and Minimum 2� 2 2 35 35 P bedroom or studio in multiple dwelling Size Schedules for 2y�dwellings' may have six hundredpl�cable districts. 2j� Except one-tied (600 room or studio in multiple dwelling )square feet.Minimum floor area g may have six hundred may be reduced UP to two hundred(200 for m (600)square feet. ) oderate-and/or lower-cost 2-25-89 i I ` • \ ' F § 100-238 UTHOLD .CODE i § 100-239.1 occupancy be iss4d - respect to the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in proper operating condition and have been approved by all agencies having jurisdiction thereof. r § 100-239. Land under water; filled land. Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands.Nothing herein contained shall be construed to permit the filling or dredging of such land. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies. --- § 100-239.1. Excavations. No excavation of any kind shall be permitted except in connection with the construction in the i same lot of a building for which a building permit has been duly issued. In the event that a building operation is arrested prior to completion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permit, the premises shall be cleared of any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three (3)feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the holder of the permit. 10138 2-25-89 j •_ Town of Southold Column No. Bulk Schedule for Residential Districts [Added 1-10-89 by L.No.1-1989]ii iii iv v I ii ix District r vi v x xi w Residential Unit xn Minimum Requirements for 1-famil A-C R 40 R-80 R-120 1 dwellings, Y detached R-200 Where Community 2-Family Detached R 4Qp HD RR RO Water and Sewer Dwellings site-(square feet) Availablein R-80 t width-(feet)1 80,000 40,000 District I.ot_de th_ 80,000 120, —"5.�P (feet)777, 175 150 000 G200, �iront 175 �00 000 400,000 20,000 20,000 �ard_(feet) 250 175 250 270 270 75 40,000 10,000 Side yard(feet) 60 50 300 400,, 900 75 150 160,000 Both side Yards(feet) 20 60 60 600 120 120 175 60 270 Rear yard(feet) 45 15 20 30 60 35 35 50 80 roa'le'fl" 35 45 60 30 30 15 30 400 oor area(square feet per dwelling 75 50 75 60 60 15 15 15 60 unit) 850 850 85 C100� 100 30 30 35 30 Maximum 850 850 850 35 35 50 30 60 Permitted dimensions: 850 8502 835 850 30 VLot co" verage(percent) 850 85 Building heig}if(feet)= 20 20 850 Number of stories 35 20 10 ( 5 35 35 35 5 25 25 NOTES: 2� 2'fi 2� 35 20 25 See text of chapter2X 2 35 3`' 35 10 and Density and 2� 2% 234 2y 35 Except one-bedroom or studio in molt ple�dwmilnot Size Sch 2% 35 dwellings, edules for applicable districts, 2 g may have six hundred(600)square feet Except one-bedroom or studio in multiple dwellingMinimum floor area may have six hundred may be reduced UP to two hundred 2( 00)for (600)square feet moderate-and/or lower-cost WIN 2-25-89 • I I f i i i i 1, -ram. i § 100-238 UTHOLD .CODE § 100-239.1 occupancy be issued respect to the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in proper operating condition and have been approved by all agencies having jurisdiction thereof. §-0 9� Land under water; filled land. C Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands.Nothing herein contained shall be construed to permit the filling or dredging of such land. For-the---purpose-off computing--density-for-the-development-of-any`1`ot=or-lots,no=1'and under-water;unless fille`d--pur-suant�to-law,-shall--be-included=in computing_the_m`iiiimum_16Carea=for eachdwelling-unit-permitted-, under_the=appropr..iate=zoning_district--in_which-the-property lies. § 100-239.1. Excavations. No excavation of any kind shall be permitted except in connection with the construction in the same lot of a building for which a building permit has been duly issued. In the event that a building operation is arrested prior to completion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permit, the premises shall be cleared of any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth p greater than three(3)feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the holder of the permit. 101,18 -s9 ANew York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11790-2356_ same JUL 2 51991 Thomas C. Jorling - Commissioner Board of Appeals, Town of Southold Southold Town Hall Main Road Southold, NY 11971 23 July, 1991 Subject: Petition for variance by Peter and Mary Louise Blank, Suffolk County Tax Parcels 1000-032-01-002 . 0 and 004 . 0 To whom it may concern: As manager for the State-owned tidal wetlands adjacent to the subject parcels, I am in receipt of your notice dated 1 July, 1991. Please be advised of the following: 1 - As a standard procedure, this office requests that local governments extend the maximum protection possible to State wetlands . Variances from standard setbacks from State lands should not be granted, unless the applicant can demonstrate that a practical difficulty exists . No such difficulties appear to be present in this case; we therefore request that the variances not be granted . 2 - As you may know, the proposed construction will require a Tidal Wetlands permit from this Department . The Tidal Wetlands Land Use Regulations (NYCRR Part 661) specify a 75 foot setback from tidal wetlands for principal buildings and structures greater than 100 square feet in area (regardless of who owns the wetland) . The petitioners may apply for a variance from this setback, but they will be required to demonstrate a practical difficulty in order to receive one . It appears that they can meet this setback in both lots . This office will be one of several that will review the petitioner 's State permit application, and will reserve further comment until that time./Yo or the petitioners may contact me at ( 516 ) 751-7900, extensio9 . Sincerely, Dominick V. Ninivaggi Marine Resources Specialist Bureau of Marine Habitat Protection cc : F. Panek D. Zacchea APPEALS BOARD MEMBERS '< ;°' SCOTT L.HARRIS Gerard P.Goehringer,Chairman Supervisor Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio Jr. ' Southold,New York 11971 Robert A.Villa Fax(516)765-1823 YY Telephone(516)765-1809 ,{;: Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 1, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 Re: Appl. of Peter and Mary Louise L. Blank Dear Mr. Wagner: This will confirm that the subject application has been reviewed and the following are requested at this time: (a) Proof of notice to an adjoining landowner (New York State) at the address shown on the assessment records must be done immediately, particularly since this matter has been advertised for a public hearing to be held on July 12, 1991. Please provide us with an Affidavit of Mailing together with the postmarked certified receipt from the .post office that the appropriate notification has been mailed. (b) a copy of an abstract of title from a reputable title insurance company certifying single-and-separate ownership of the subject lots, which should be submitted as soon as possible. (c) separate $500.00 filing fee is necessary for the second lot since the two lots are not merged as originally believed. , The $500. 00 fee paid to date will be applied to the lot situated south of the right-of-way. The additional filing fee will be applied to the lot situated north of the right-of-way. Please call our office if you have any questions. Thank you. Very truly yours, GERARD P. GOEHRINGER . CHAIRMAN TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF FRIDAY, JULY 12, 1991 Board Members Present: Chairman Gerard P. Goehringer and Members: Dinizio, Doyen, and Villa Members Absent: Grigonis (due to illness) Linda Kowalski, Z.B.A. Secretary and approximately 35-40 persons in the audience. A 1. No. 4033 App icant(s) : Randi Lacalamita Loca ' on of Property: 1395 Henry' s Lane, Peconic, NY County Tax Map No. : 1000-74-1-10 The airman opened the hearing at 7:30 pm and r d the notice of h aring and application for the record. CHAIRMAN GOEHR GER: I have a copy of a sketch o a survey produced by Rod ick Van Tuyl with no specific d e indicating a I nn d in carport 18 by 35 in the ront yard area. And I have copy of the Suffolk Count Tax Map indicating this and rrounding properties the area. Now we' re ready for you. f you would kindly ate your name for the record please sir. MR LACALAMITA: My name is Joseph Lac amita, my wife is the owner of the property. CHAIRMAN GOEHRINGER: How clos the I guess that' s the northerly property line at its osest point is the carport? MR LACALAMITA: It' s approx' ately idway between the house itself and the street (He y' s Lane . CHAIRMAN GOEHRINGER: ay, but in .re rence to its closeness on the side yard area how close is it o that property line do you know? MR LACALAMITA: ' s I think three feet. CHAIRMAN GOEH NGER: Three feet. Could you easure that for 'us please a let us know on Monday. MR LACAL ITA: Yes I will. CHAI GOEHRINGER: Okay. The only reason-why I didn't me ure was I was down early one morning looking an I didn't Page .2 - July 12, 1991 Public Hearing - Randi Lacalamita uthold Z.B.A. CHA RMAN, cont'd: want to go traipsing around your proper y look g for monuments or anything of that nature. Okay? I"s there nything you would like to state for the record? I; MR LACAL ITA: Well, my father-in-law who' s a grap ' c artist did the sk tch and on the bottom of the sketch I 'm ure you have a copy -- f it. It said, carport to be settle with blacktop dri way. I got a copy of it with not ions that it was approved, nfortunately, on the sketch it aid that it was going to be with a blacktop driveway. Un ortunately he didn' t read this green piece of paper that s id that it had to be in the back the yard. Well if it was to be put in the back of the yard. i would be feasible bec se it' s too narrow to drive four vehic es. He never .intend to bangle or break the law and the stru ture cost over, cl a to $4,000. and we' re seeking relief ecause it' s a li le expensive to tear it down, so we' re look ng for relief. CHAIRMAN GOEHRINGER: Ho long has ' t been up? MR LACALAMITA: Since May. CHAIRMAN GOEHRINGER: This p s May? MR LACALAMITA: Yes. CHAIRMAN GOEHRINGER: And y u're planning never to enclose it? MR LACALAMITA: Never to enclose i no. t CHAIRMAN GOEHRINGER: nd it present y houses approximately four cars? MR LACALAMITA: Yes CHAIRMAN GOEHRING Alright.. And you ill call us and tell us how close it to that closest prope ty line on the side. MR LACALAMITA: How soon will we know beca se they' re anxious to know? CHAIRMAN G HRINGER: Probably in about a w ek or ten days. MR LACAL ITA: Very good.. I' ll call you ba and you want to know from one property. . . . CHAIRMAN GOEHRINGER: I want to know from the ront monument on Henry' s Lane, how close it is and I want to now how close it is to that closest property line, which is r ally like the t Page 6 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. Appl. No. : 4032 and 4040 Applicant(s) Mary and Peter Blank Location of Property: Peter's Neck Road, Orient,, NY County Tax Map No. : 1000-32-11part of 2 and 4 also lot 3 The Chairman opened the hearing at 7 : 50 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map produced by Young and Young or Howard Young the most recent date is June. 4, 1991. Indicating parcel one which is an area which is the nature of this application of 1.6461 acres and parcel two an area of 1.7478 acres and I have a copy of the Suffolk County Tax Map this and surrounding properties and for .the record this was a condemnation I believe by the New York State Department of Environmental Conservation and these are the remainder parcels left from that condemnation. Mr. Angel would you like to be heard concerning this? MR ANGEL: Yes I would. CHAIRMAN GOEHRINGER: It's so nice to see you again. How are you? MR ANGEL: I haven' t been here in awhile. CHAIRMAN GOEHRINGER: Yes you haven' t. MR ANGEL: Really not since Bob Villa got on the Board. With his pavilion face it' s a different setting. Can I, do I speak into the microphone? CHAIRMAN GOEHRINGER: Unless anybody complains. MR ANGEL: I prefer just not standing back and addressing you directly in the bank. CHAIRMAN GOEHRINGER: You can hear it? MS KOWALSKI: I think so. I' ll let you know if I don't. MR ANGEL: I ' ll speak loudly. Does the audience want, do they hear better ,if I speak in the mike. CHAIRMAN GOEHRINGER: There' s a microphone xight here. MS KOWALSKI: It might be better. MR ANGEL: I' ll do whatever you want me to do. Page 5 - July 12, 1991 Public Hearing - Ellen Braunstein Southold Z.B.A. CHAIRMAN GOEHRINGER: What kind of foundation will it be? MR REILLY: It will be according to the building codes of the Town of Southold, State of New York, we' ll have a crawl space and it will be framed according to the building codes. CHAIRMAN GOEHRINGER: And I assume the setback I believe is 35 feet and you will have if the Board is so willing to grant this application, a 25 foot setback so you are looking for a reduction of approximately 10 feet? MR REILLY: That' s correct. CHAIRMAN GOEHRINGER: What is the approximate offset off the corner of the house? MR REILLY: Approximately 5 feet. CHAIRMAN GOEHRINGER: Okay great. I don't have any other questions, it' s a one story addition right? MR REILLY: Yes. It will, slope roof, a. couple skylights and that will be that. CHAIRMAN GOEHRINGER: Does anybody have any problems with that? MEMBER VILLA: Yeah, are they going to leave all of that dense landscaping intact back there, you' re not going to take any of that. MR REILLY: That' s correct, nothing will be touched back there at all. CHAIRMAN GOEHRINGER: Does anybody have any other questions? I have no problems with this application I' ll make a motion to approve it as applied for. ALL IN FAVOR - AYE. 1 Page 7 July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MS KOWALSKI: You better use the mike, that would be better. CHAIRMAN GOEHRINGER: You know what you could do, you could pull that table over if you waited to use it. MR ANGEL: Is it better if I speak to the mike? Mr. Goehringer was correct this is an application for variances of lots that were in fact reduced in size as a result of condemnations by the New York State Department of Environmental Conservation, the DEC. As I said my name is Stephen Angel I represent the applicant, an attorney in Riverhead and what we' re seeking here are a series of variances from your Board. A front yard variance as your Board describes front yards, from about 60 feet to 40 feet and a rear yard variance from 100 feet to 60 feet. A lot depth variance from 400 feet to 40, but the ,way you measure your lot, the way you define lot depth, did I say rear yard or depth, lot depth is sort of unusual in the ordinance and the nature of our variance here is not going to be as great as it sounds as you see in the survey. And finally a lot coverage variance, we want to increase the permissible lot coverage in this five acre zone from 5% to approximately 160 and 24% given the remaining parcels. Now Mr. Goehringer identified a survey or a couple of surveys I think that were prepared by Young and Young in this case. We have updated those surveys and I would like to present essentiality the same surveys to you with some additional information on them and they most recently revised today. The first survey which is marked as "A" is a survey of the area showing the building envelope that we are requesting. The ones showing the variances that we are requesting..; It has bunch of information on it, which you have' on those other surveys but it also includes the 5 foot contour from the Suffolk County Topo. And the precise measurement of the 'depth of lot as measured by your ordinance. In addition to the other stuff that you see on the one that' s already been submitted and with your permission Mr. Goehringer I would like to hand this out. I have a bunch of copies for you, how many would you like? MS KOWALSKI : About six would be great. MR ANGEL: How we produce this. I think Howard is . . Now I have a survey also prepared by Young and Young which is delaminate "B" which shows the extent of the building envelope if all setback requirements were adhered to, given the lot configuration we' re left with. Or the lot configurations we' re left with after the DEC taking and you will see it' s dramatically less. If you look at those parcels and they' re both shown on Plain "B" , parcel one Page 8 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: originally consisted of 4.1742 acres, parcel two originally consisted of 9 .1525 acres all of the land not remaining was taken by the DEC on October 26 , 1990 . We' re left with as you said Mrl Goehringer parcel being 1.6461 acres and parcel two being 1.7478 acres clearly less then what' s required under the 200 square foot minimum zoning requirement in this zone. Now I 've mentioned to you briefly what the requested variances are, I don't think that I need to go over with them again. We respectfully submit that in this situation we have a practical difficulty, obviously the difficulty was created by the condemnation for the record we have opposed the condemnation from day one, the Blanks of the many people who were .involved in the, as lot owners, condemnation conducted by the' DEC were perhaps one of two or three that have actually not sit with the DEC they fought it out and tried to maintain their property and did not arrive at a voluntary agreement. There' s no self created hardship by doing this. As I said the DEC took their property there is not even an agreement as to price on their property. That is going to be the subject of a claim in the court of claims. The variances that we' re seeking I respectfully are not as substantial as they seem at first glance. The property around that is developed on lots are not in.. the, certainly are not 5 acres, the ones on Peter' s Neck. There are some that are small there. More over the lot sizes themselves that we' re left with are surrounded by a tremendous amount of open land that the State has taken;' it used to be part of it. We're not in a situation where by allowing the development of these two parcels you are creating houses on what are going to, appear to be smaller parcels. they- are going to be surrounded hopefully in perpetuity by the large expansive DEC acquired wetlands. It' s not going, to effect the substantial change in the character of the community, we can't solve the problem other then by getting variances from you. I should point out in this regard that in all their conversations and in all their approach to dealing with the Blanks the DEC has taken a position that what is remaining, in other words these parcels one and two that you see, are buildable parcels. They have made payments to Mr. and Mrs. Blank in accordance with law, they have to make an advance payment and those advanced payments are predicated on these two parcels being buildable. I'm not saying you are bound by that, but the DEC has treated it as such. It' s not like they required or paid for the use of these parcels. They have assumed through purposes of their condemnation that we can get a building permit on each one of these parcels. CHAIRMAN GOEHRINGER: Why did they do that Mr. Angel rather than allowing the variances to occur first? Page 9 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: They wanted to take the property. Their timetable is their own. They just did it. They were convinced, in my conversations with them, know whether they are wrong or right they were just convincing, based upon unidentified conversations with people in this town that they were going to remain as buildable parcels. They never explained to me why they were convinced of that. Though I have had numerous discussions about the value of property and they have always taken the position, that what remains are two building lots. But as far as waiting for a variance,. I personally think that they have an agenda, they wanted to acquire a whole bunch of properties in Orient. The properties were acquired under funds that were made available back in 1972 on the 1972 environmental bond act. They developed their agenda and they just went ahead with it. I don't think that they made municipal. approvals. There wouldn' t be municipal approval applications on anything that they did in the Orient positions. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: The other thing that is involved in this application is there' s also a 280A application because we are building on a private road. That's a little bit of an interesting question, because..I think 280A requires an application for a variance to`build on a road that' s not part of the official map. If you look at your official zoning map the road is on that map. I leave it to you people to decide whether the 280A application would be necessary in this case. I believe that when my associate John Wagner checked into the necessity of the 280A application there was a subdivision done at the end of Pete' s Neck off this road within the last few years, a minor subdivision and I don't believe that that had a 280A application. That doesn' t necessarily mean that we shouldn' t, but I want, to bring that to your attention. We previously submitted single and separate certificates that go back until 1962, we' re led to believe that in 1962 and even prior there to has been thereafter for a few years the town uniformly allowed .divisions to these large lots without the necessity, especially where there' s only a five lot and four lot subdivision, not be a necessity of minor subdivision frugal. I 'm here and the Blanks are here to answer any of your questions. CHAIRMAN GOEHRINGER: How long has 'this road been in existence? MR ANGEL: Well the road was created as a separate parcel in 1962. How long is it physically been there? Page 10 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN GOEHRINGER: Yeah. MR BLANK: 1938. CHAIRMAN GOEHRINGER: And how long has it been in actually improved to the point of either asphalt or some sort of hard base surface. MR BLANK: 1955, something like that. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: And there' s one thing that by the way John was going to be here tonight, but somebody is ill in his family, he could be here so I'm handling this all by myself . He promised that he'd bring Linda a copy of the Peconic Bay Estuary CEA, the critical environmental area map and a resolution. It is possible, again I 'm not sure, that we fall within that area. I 'm not as you can see from looking and I have an extra copy of this map, as you can see from looking at it is not • a very paced boundary. CHAIRMAN GOEHRINGER: We've had that trouble with the flood plain maps, I assure you. MEMBER VILLA: Jerry could I ask you a question? CHAIRMAN GOEHRINGER: Sure. MEMBER VILLA: Mr. Angel, I don't have' a problem with the 40 foot setback from the front,' from the road too much, but looking at the parcels, looking at parcel one, just working off this as a one inch equals 100 feet, it would appear that the depth of parcel is about 60 feet plus or minus. The building envelope. Now, the' Trustees will require a 75 foot setback from the wetlands, have the Trustees been approached at all on this? MR ANGEL: No they haven't. The reason, in fact, I'm going to brutally honest with you, I' ll just tell you what happened in this application. When we originally drew the, or asked Howard Young to draw the lines, we suggested a 75 foot setback from the wetlands line and Howey told us, Howeys very familiar with this area. Howey was the surveyor for the DEC on all the acquisions and has been involved in applications representing people on both sides and he suggested the setbacks that we have now because I guess with the DEC taking he was familiar with the DEC approving a setback similar to the ones that you see here. He had made that suggestion to give us more areain` which to deal with Page 11 - July 12, 1991' - Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont' d: the zoning, more area to deal with placing the structures for a house. MEMBER VILLA: Well I just, I *as just wondering if your clients would you know if you reduce that 60 foot plus or minus to meet the 75 foot from the wetlands you still have a 35 foot building envelope and most houses aren't 35 feet in depth. MR ANGEL: Which one are you talking about parcel one or parcel two? MEMBER VILLA: Parcel one. Parcel two you even have a greater depth with that one is about 90 feet plus or minus. MR ANGEL: Well needless to say, we like the flexibility, certainly 35 feet to build a house is sufficient, but here you are talking about, we want an area that may be sufficient to place a deck or a pool, we don' t know what' s going to come in ultimately when an application is made to build a house. We realize that we have to make an application to the DEC after we come before you' and we have to make an application to the Trustees, all of those applications will be made. So if I have a way to, if I can take a position I would sooner have the building envelope as. it. appears on the survey and then make my application to 'the Trustees and deal with their setback before that Board. MEMBER VILLA: They are looking down a loaded gun, so to speak, because you have already gotten' a variance from us. MR ANGEL: We haven' t gotten a variance from them though. MEMBER VILLA: No. I know. But it makes it more difficult. That' s why I was wondering if you could live within the existing setbacks without. requiring the variances. MR ANGEL: Well to be honest with you, I think that parcel one, there would be a diminution in value in the lot if we went to a 35 foot, if we went to the 75 'foot setback. Parcel two is more, is. . . MEMBER VILLA: Yeah it' s 90 feet. MR ANGEL: Is a bigger area, we have more room to play with. Once you get down in this area, I don' t know if you. have visited the property Bob, you have, it' s magnificent property. MEMBER VILLA: Oh yeah. Page 12 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: I mean it' s one of -the two nicest lots I 've seen since I've been practicing on Long Island. In my opinion, the constriction of the building envelope in lot number, given by that additional 50 felt, may make a substantial difference in value to the parcel, because you are looking at a parcel that is going to appeal to somebody with means. MEMBER VILLA: Well you are talking about a deck or something, would they be at all adverse to restricting a major, you know a major building where you would require a foundation and everything else to the 75 foot. MR ANGEL: I haven't laid it out but, it sounds, we certainly could look at that. The idea of the building envelope since nothing has been designed as yet and we' re. left with the condemnation facing us that assumes that you guys have done all this is to find out whether we do have the right to build on those lots, certainly that' s an important issue for us in facing the condemnation part. But you know, I mean I can' t, we haven't analyzed that setback, but it seems to me that if the house is, if the foundation is sufficient enough for a house and there is more room which could fit deck and other accessory structures could probably be easily livable. CHAIRMAN GOEHRINGER: Any other questions? MEMBER DINIZIO: Just as far as size is concerned of parcel one, what is the footage, the road frontage of the buildable lot? I . . . MR ANGEL: What is the what? MEMBER DINIZIO: The road frontage of the buildable parcel. There is no measurements on here so I really can' t. CHAIRMAN GOEHRINGER: Yeah, they are Jim, it appears it' s a 298 + 146 + 99. MEMBER DINIZIO: No, no I'm talking about just this part. MEMBER VILLA: You' re talking about the envelope. MEMBER DINIZIO: Just right here. CHAIRMAN GOEHRINGER: Oh, the envelope. MR ANGEL: We could scale that off. It' s 140, 1 inch equals 40 or 1 inch equals 100. CHAIRMAN GOEHRINGER: 1 inch equals 100 . Page 13 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: What does that look like Bob about 160, 175? MEMBER VILLA: Probably more t1kn that about 180. MR ANGEL: Okay 180 . And the other one' s maybe 200. We have no expectation that there would be structures in that entire area. What we've chosen is a building area in which we can impose the structures. I don't think there's any intention of developing a 24% coverage on this lot with impervious materials, you know we would, if you felt it necessary to limit the percentage of coverage to something less then that if it fit in this area we would have no objection to that. What we want is . . . MEMBER VILLA: That' s an area where you could put a house. MR ANGEL: An opportunity, yeah an area where we could put a house potentially a pool if they wanted it potentially a deck. Some area where we can locate those structures, that' s what we're looking for. CHAIRMAN GOEHRINGER: When you referred to the 160 of lot coverage, Mr. Angel, you are referring to lot number one or lot number two? MR ANGEL: 16% is lot, the 160 lot coverage is the total building envelope shown on "A" for lot number one, given the reduced size of the lot. The 250, and it' s slightly more than that, it' s shown on the map by the way, the computation, all these computations are on that new map. You' ll see it on the side, it' s 24.7 and 16.8' and it shows it Jerry on the right hand side. CHAIRMAN GOEHRINGER: Yeah. I see it now. I was still going back to the first map. MR ANGEL: If you use this . . . . By the time Howey prepared this today he put on just about everything. - The only thing we don' t have on is the flood zone, which I tried to read and is either A6 or B something. CHAIRMAN GOEHRINGER: We have a copy for you if you want it. MR ANGEL: I have a map too. But as you know, the flood zone questions are going to, they' ll have to be determined at a construction phase, if whatever the construction requirements of the particular zone we' re just going to have to move them. CHAIRMAN GOEHRINGER: Right. Does anybody else have any Page 14 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN, cont'd: further questions concerning this? Anybody in the audience like to speak concerning this application? Seeing no hands, .Mr. Angel, I assume we' ll continue with the deliberations after this and any other further questions gentlemen? Okay. Hearing no further questions we thank. you for your presentation and I' ll make a motion to close this portion of the hearing reserve decision until later. We' ll extend this hearing until Monday in receipt of information from the Planning Board concerning the subdivision in this area. MS KOWALSKI: Just a written part of the record. CHAIRMAN GOEHRINGER: Written portion. ALL IN FAVOR - AYE. Appl. No. : 4034 Applicant(s) : Anthony and Maria Mercorella Location of Property: 2260 Peconic Bay Blvd. , Laurel, NY County Tax Map No. : 1000-145-4-4 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of the plan, the placement of the building appears to be in the same position as it was in 1990, the difference and the nature of this application appears to be the fact that we are now asking for a second story accessory dwelling for storage purposes. How do you do sir", would you kindly state your name. MR MERCORELLA: Mr. Goehringer, my name is Anthony Mercorella I'm the applicant. CHAIRMAN GOEHRINGER: How do you do? Is there anything you would like to state for the record Judge? MR MERCORELLA: Yes, we would rather put the preliminary plans together rather hardly after remodeling the which is . located on the same piece of property and so that we did not consult at length with an architect. But this house, after having dispensed with certain sums of money to remodel it, leaves us short of any storage area. We have no basement because of the wetland situation, we have no attic space because of the height restrictions and we have a half acre of property and we do have a deck, we. have considerable garden furniture and I do a lot of gardening and we need to store our gardening equipment and our garden furniture and other Page 15 - July 12, . 1991 Public Hearing - Anthony and Maria Mercorella Southold Z.B.A. MR MERCORELLA, cont'd: things we are intending to everyday living in some area other than the house. The house itself when we applied, when we built the house we conformed to the original envelope, the original foot. We didn' t apply for a variance with respect to that. So it' s a question of convenience, the story this time and also we want to conform the accessory dwelling to the existing house, so there would be some symmetry. We had previously .asked for a, a pull down ladder, but that wouldn' t afford us the excessive building to store these rather large things upstairs. Also we intend. to buy a boat perhaps and we would like to store that in the garage and that would preempt us from any necessary storage space. Basically that' s it. CHAIRMAN GOEHRINGER: Could you tell us the purpose of the half bath on the second story. MR MERCORELLA: The half bath is really a, I would want a sink and a toilet basin so that I'm in the garage or in the little work shop that I would like to put in the garage I don' t have to run back to the main house. CHAIRMAN GOEHRINGER: Will the building be heated in any way? MR MERCORELLA: No sir. CHAIRMAN GOEHRINGER: Okay. I thank you so very much. Before you sit down, does anybody have any questions from this gentleman? Thank you so much. Is there anybody else who would like to speak either in favor or against this application? Seeing no hands I' ll make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Appl. No. : 4035 Applicant(s) : Mr. and Mrs. Eugene Croasdale Location of Property: 595 North Parish Drive, Southold, NY County Tax Map No. : 1000-71-1-6 The Chairman opened the hearing at 8:20 pm and read the notice of hearing and application for the record. . CHAIRMAN GOEHRINGER: I have a copy of a sketch, it' s actually a site plan produced by Garrett A. Strang Architects, the most recent date is June . 19, 1991 indicating the proposed garage addition approximately 13 feet from North Parish Drive and it appears 16 feet wide and approximately 22 feet deep and approximately 4 feet from the westerly property line. I have a copy of .the Suffolk County Tax Map indicating Page 16 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. CHAIRMAN, cont'd: this and surrounding properties in the area. How are you Mr. Strang? MR STRANG: I 'm fine thank you; yourself? CHAIRMAN GOEHRINGER: Good, thank you. MR STRANG: The application I think pretty much states what we' re trying to accomplish here. We have an existing house that was built probably somewhere in the mid sixties, mid to later sixties. It does not have a garage. My client, Mr. Croasdale, is not the original owner or the. person who built the house, he' s purchased it I guess in one of the resent years and is the second or third owner. He has a need for a garage. The placement of the house, I guess at the time it was built it was set with a minimum front yard, now for what reason I can't say. I believe that the front yard, existing front yard was in compliance with the zoning at the time it was built. And we have no real alternative as far as a placement for a garage on this property. There is a driveway there presently where he can park his car on site, but again we'd much rather prefer to be able to house his car in the garage and since we can' t put the garage in the rear yard and there' s really no room to place it on the side, given the side yards as being what they are. We' re left with this as our only alternative for the placement of the garage. CHAIRMAN GOEHRINGER: It' s an interesting situation because we have been wrestling with the differences between front yards and rear yards in waterfront parcels for years and the problem that we have is that we always wanted enough area so that if the garage door was closed, the car would at least being outside of the garage would be on the person'.s property and not hanging out into the road and that' s one of the problems that we have here with this particular application, unless you had a Honda civic, the car is going to hang out into the road. MR STRANG: Well the reason if you' ll note on the site plan did indicate that although the property line is given, the actual right of way is wider than the actual pavement which is normal in most communities today and the edge of the pavement is depicted on the site plan and there is a 25 foot dimension from the edge of the pavement to the garage if they were parked in the front of the garage, so -in essence, although the vehicle would not be totally contained.within the property, it still would not extend out into the public traveled road. CHAIRMAN GOEHRINGER: Okay and what is the purpose of the 4 Page 17 - July 12, 1991 Public Hearing - Mr. and Mrs. . Eugene Croasdale Southold Z.B.A. CHAIRMAN, cont'd: feet from the, I assume that' s west. . MR STRANG: The 4 foot side yard on the west is presently as you see noted on the site planEthere is an existing entry porch which is our intention to become a basic vestibule transition area. There is a door that comes from presently, that comes from this porch and enters into the kitchen area, which is in what I ' ll refer to as the southwesterly corner of the house, that is the garage, I'm sorry is the kitchen and there is a door from the kitchen out into this area that' s noted as a porch, so the 4 foot is sort of dictated so that we have 3 feet left over if you will from the existing corner of the house to allow entrance into this area without having to walk through the garage and get to the door to the kitchen. CHAIRMAN GOEHRINGER: What' s the approximate height of the garage wall in that 4 foot setback area. MR STRANG: . It would be a normal 8 foot wall, obviously probably one course of block or cell above grade, because 8 inches is mandated by code to be from existing grade to the beginning of framed structure, so we'd beylooking at maybe 9 feet to the plate line and then give a little. CHAIRMAN GOEHRINGER: both sides. MR STRANG: That' s right base to the road as I imagine at the present time. CHAIRMAN GOEHRINGER: I don't have any other questions. Does anyone else have any questions? Mr. Villa? Dinizio? MEMBER DINIZIO: No. MEMBER VILLA: I know why you have the three foot offset, but is it really a problem to line up the garage so you'd have a 7 foot offset, I mean we normally require what' s it 10 feet? CHAIRMAN GOEHRINGER: Yes. MR STRANG: The side yard would normally be 10 feet in this district, yes. If we were to slide over the other 3 feet that would basically mean you'd have to walk through the garage to get into the vestibule if we gothat particular transitional area and into the kitchen, through the kitchen door, so we did shift it off to the side specifically so that you could have a door at that point or opening or someway to get into this transitional area to get into the kitchen without having to open the garage door per say and walk Page 18 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. MR STRANG, cont'd: through the garage. MR VILLA: I realize that but you still, even if that we would have to grant a variancepbecause it would be 7 feet instead of 10 . MR STRANG: That' s true. Even if it were to be in alignment with the corner of the house we would need a variance still for the side yard and it really, we did look at the possibility of shifting it further to the east which would prevent, would present a difficulty in that we have a window in the kitchen, the only window in the kitchen is basically right on that corner of the house facing the southerly direction and we would then be coming over that window and not allowing any natural light to come into the kitchen. CHAIRMAN GOEHRINGER: Also the other thing would be of course if the Board would grant any type of alternate relief or this application as it stands, it will clearly state that there would be no closing of any other side yards and the other side yard would be' the east side yard. MR STRANG: . That's right I don't see any reason why we would have (microphone not picking up) no further encroachment on the other side that would maintain a 17 foot side yard. CHAIRMAN GOEHRINGER: Okay. We' ll see what else develops, thank you very much for your presentation. Is there anybody else who like to speak either for or against this particular hearing? Seeing no hands I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Appl. No. : 4024 Applicant(s) : Ronald Stritzler, M.D. Location of Property: 3055 Soundview Ave, Mattituck, NY County Tax Map No. : 1000-94-1-14 The Chairman opened the hearing at 8: 30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: One behalf of Dr. Ronald Stritzler it is a hearing that we have postponed from the last regularly scheduled meeting and, Doctor, you have patiently sat there through the major portion of our hearings tonight and you are very welcome to speak, we do have some questions of you. DR STRITZLER: I'm the applicant and I would be happy to answer any questions or address the issue of why we selected Page 19 - July 12, 1991 Public Hearing - Ronald Stritzler, M.D. Southold Z.B.A. DR. STRITZLER, cont'd: this however you wish. CHAIRMAN GOEHRINGER: Why don' t you address that issue of why you selected that area. DR STRITZLER: For those of you who have seen the property I think, would recognize that the contours of the property are very steep and there are numerous trees throughout as well as lawns and gardens and berms that we have worked on for quite a few years now. The particular site that we have chosen is one where we have a vegetable garden many years ago and we know it' s been level and although there has been some incredible pollination and growth there over the years, it looks a lot like the amazon jungle. There is actually very few trees that have to be taken there as opposed to any other . conceivable site where there would be more than 24 trees that we have calculated. There, there may be at most 4 and only 2 and obviously both the cost involved in leveling the land and the environmental effect have made this a seemingly the most preferable site. And also there's an issue here that we can punch in right from the road with the equipment necessarily, excuse me, do the tennis court, whereas at , actually any other site the equipment1'would have to come on our land and would. certainly cause some problems in terms of lawns and gardens we have. CHAIRMAN GOEHRINGER: Dr. the approximate size of the court itself, is how wide? DR. STRITZLER: It' s approximately 120- feet in length, maybe 140 feet, I forget frankly, by 65. I 'm not, frankly I've forgotten those exact measurements, I didn' t look at the dimensions before I came, I'm sorry. CHAIRMAN GOEHRINGER: Right. And the fence you' re proposing is 8 feet or 10 feet? DR. STRITZLER: 8 feet, it' s an 8 feet fence, said by the person to put it up to be "invisible" . It' s not a chain-link fence by the way. CHAIRMAN GOEHRINGER: Oh, it' s not a chain-link. DR. STRITZLER: It' s not a chain-link fence, it is a that is much less visible than a chain-link. CHAIRMAN GOEHRINGER: And the court will not be lighted? DR. STRITZLER: It will not be lighted. Page 20 - July 12, 1991 Public Hearing - Ronald Stritzler, M.D. Southold Z.B.A. CHAIRMAN GOEHRINGER: Well we' ll go over to my other two gentlemen over there, fellow Board Members, and ask them if they have any questions concerning this application. MEMBER VILLA: My only concern is that it' s quite close to the neighbors house, the neighbors house is very close to his property line and that' s why I was wondering if it couldn't possibly be shifted to some extent. DR. STRITZLER: I'm not sure, which house? MEMBER VILLA: Well on the survey it says something about Rodney W. Cane or John Miller I 'm sorry. CHAIRMAN GOEHRINGER: John Miller. DR. STRITZLER: That property there, there' s no house there, I actually spoke to the man who' s actually willing to come here with me to support my presentation actually. So in terms of that particular man, there is no objection. In terms of fixing it, I would be willing to shift it to any reasonable degree, but the shifting will then involve the knocking down of trees, to a significant number. CHAIRMAN GOEHRINGER: Any other questions? Dr. we thank you so much for coming in and it' s a pleasure meeting you. I was up the other night in between, the lights were on, not in the house, there were some spot lights on, I did run up with my old pick up and I did look at the area. It' s a beautiful piece of property. Absolutely magnificent. DR. STRITZLER: Thank you very much. CHAIRMAN GOEHRINGER: We' ll do the best we can for you. Thank you again. Hearing no further questions I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. i Page 21 - July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. Appl. No. : 4036 Applicant(s) : Joan and Richard Zeisler Location of Property: 700 Jackson' s Landing Rd, Mattituck, County Tax Map No. : 1000-113-a-9 NY The Chairman opened the hearing at 8: 35 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick Van Tuyl P.C. dated July 11, 1991 indicating a proposed garage in the dotted postage stamp area that most surveyors usually use showing approximately 23 feet from the front property line, 9 feet from the southwesterly property line and somewhat falling within the normal conformities of the existing dwelling. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Zeisler would you like to be heard? MR ZEISLER: First of all I just want to say it' s Joan not John Zeisler. MS KOWALSKI: Oh. That' s a typo. I 'm sorry. MR ZEISLER: I 'm now calling her Joan. We' re moving out here permanently and we really need the garage for just storage space, we' re going to have ground. There' s going to be no becoming a nuisance. Certainly an accessory building as a garage and a storage space above and on the rear walls. You know the normal. CHAIRMAN GOEHRINGER: Okay. i, Is it going to be a one story garage? MR ZEISLER:. Well it' s the same, I 'm sorry, here is what it' s going to look like. CHAIRMAN GOEHRINGER: Okay. MEMBER VILLA: It' s the same height as all the other buildings. CHAIRMAN GOEHRINGER: All the other attached buildings. Okay and what' s the approximate size 20 X 20? MR ZEISLER: 20 X 20 . And we' re not doing any excavating, it' s going to be on a slab. Do you want to see a nice picture? CHAIRMAN GOEHRINGER: Really nice. I remember when we had the original Flood law variance. Thank you. All those Page 22 - July 12, 1991 Public Hearing - Joan .and Richard Zeisler Southold Z.B.A. CHAIRMAN, cont'd: portions of those buildings were actually brought in, were they brought in separately or were they built on site. n MR ZEISLER: No, they were all built, everything was built on site. CHAIRMAN GOEHRINGER: Everything was built on site. MR ZEISLER: And as I say the DEC will give a letter of non- use decision. We have over the 10 and half feet in the width. We haven't gotten it yet, but they told me on the phone, with the 10 and half feet and where as we have DEC approval for everything else and this is the furthest away from the water so. CHAIRMAN GOEHRINGER: Great. Thank you very much. You want your get a picture back right. We have a tendency to keep pictures, do want this back? MR ZEISLER: Yeah, that I need. CHAIRMAN GOEHRINGER: That' s alright as long as I have the site map. Thank you. Is there anybody else who would like to speak in favor or this application? Is there anybody who would like to speak against the application? Hearing no further comments, I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. BY (Hearings transcribed by tape, not present at hearings) 17 IRS � f JUL� li III d questing approvals of the reduced lot STATE OF NEW YORK) -' area and depth of Parcels l and 2, )SS: which nonconformities remain in pri- vate ownership following ap- COUNTY OF SUFFOLK) d propriation of the total balance of l land after acquisition by the N.Y.S. Department of Environmental Con- of Mattituck, In servaidon, and requesting approval of the proposed building area for place- said County, being duly sworn,says that 6/she Is Principal ment of principal dwelling structure Clerk of THE SUFFOLK TIMES, -a Weekly Newspaper, i m with related accessory building(s), having insufficient setbacks in the published at Mattituck, In the Town of Southold, County of front yard,rear yard and lot coverage 4 Suffolk and State of New York,and that the Notice of which in excess of the five (59'0)percent limit,and(b)under New York Town the annexed is a printed copy,has been regularly published in Law.Section 280-a,interpreting non- said Mewspaper once each week for ! weeks jurisdiction or otherwise determining ,, -y access approval.Location of Proper- Successively, commencing on the - day of ty:Along Peter's Neck Road,extend- J v 9 r f NOTICE OF HEARINGS ing approximately 2900 feet south of -OTICE IS HEREBY GIVEN, King Street, Hamlet of Orient,Town -cant to Section 267 of the Town of Southold,NY; County Tax Map �, and the Code of the Town.of Parcel Nos. 1000-32-1-part of 2 and ::hold,the following matters will 4;also Lot 3(ROW). -r aila, 2 ���_ •' _ir7,v?�z./ •:id for public hearings before the 8:00 p.m. Appl. No. 4034 THOLD TOWN BOARD OF ANTHONY AND MARIA MER- Principal Clerk PEALS at the Southold Town CORELLA. Request for variance to i, 53095 Main Road, Southold, the Zoning Ordinance, Article III, 11971, on FRIDAY,JULY 12, Section 100-33 for permission to i, commencing at the time speci- amend previous variance application below: and decision rendered July 11, 1990 ':30 p.m. Appl. No. 4033 — under Appl. No. 3944 in order to Sworn to before me this DI LACALAMITA.Request for locate two-car garage building,with :7, 7- ' �l tJ �h .ance to the Zoning Ordinance, partial enlargement for a second floor day of %t- 19^ :cle III,Section 100-33 for ap- with windows, and other structural •:al of carport in the front yard modifications as shown on a new con- /* �y off with reduced setbacks from the stmction plan(including plumbing y , t and side property lines.Location facilities for a half bath),in an area 1� :)roperty: 1395 Henry's Lane, other than the required rear yard. onic,NY; County Tax Map No. Location of Property:2260 Peconic --- 0-74-01-10. Bay Boulevard, Laurel, NY; also - - -- —- 35 p.m. Appl. No. 4028 — known as Lot 19 on the Map of Edge- 'iiARD OLIVERI. Request for mere Park; County Tax Map No. ance to the Zoning Ordinance, 1000-145-4-4. _Ie III,Section 100-32 for per- 8:05 p.m.Appl.No.4035—MR :ion to locate new principal AND MRS. EUGENE CROAS- 0ing structure with insufficient DALE.Request for a variance to the yard and side yard setbacks. Zoning Ordinance,Article MA,Sec- le District: R-80. Location of lion 100-30A.3 to permit addition to :,crty: Westerly Side of Crescent dwelling with insufficient front and nue,Fishers Island,NY; County side yard setbacks.Premises is non- -Map No. 1000-006-06-205,con- conforming as to lot area and width; mg 2+acres. the subject dwelling as exists is A5 p.m. Appl. No. 4036 — nonconforming as to the front and _,N BRAUNSTEIN.Request for total side yard setbacks in this R-40 :ance to the Zoning Ordinance, Zone District. Location of Property: :cle IIIA,Section 100-30.A3 to 595 North Parish Drive,Southold, struct addition to dwelling with a NY;County Tax Map No. 1000-71-1- :ced rear yard setback on this cor- 6,containing 28,250 sq.ft.in total iot. Lot area is nonconforming in area. R-40 Zone District.Location of 8:10 p.m. Appl. No. 4024 — ,erty:Comer of Wendy Drive and RONALD STRITZLER,M.D.Re- :;nic Bay Boulevard,Laurel,NY; quest for variance to the Zoning Ordi- :nty Tax Map No. 1000-128-5-7. nance,Article III,Section 100-33 for o referred to as Lot"A"on the permission to locate accessory tennis 0 of Rollingwood Estates, court structure in an area other than .:50 p.m. Appl. No. 4032 —� the required rear yard on this 4.9t '•.RY AND PETER BLANK. acre parcel.'Location of Property: deal:(a)under Article II,Section 3055 Soundview Avenue,Mattituck, )-23,Article III, Section 100-32 NY;County Tax Map No. 1000-94-1- Bulk Schedule,Column"v,"re- 14.(Recessed from June 7,1991) 8:15 pm.Appl.No.4037.—JOHN AND RICHARD ZEISLER.Request for variance to the Zoning Ordinance,Article IIIA,Sec- tion 100-30A.4(100-33)for permission to locate accessory two-car garage structure in an area other than the required rear yard at 700 Jackson's Landing Road, Mattituck, - NY;Lot area is nonconforming in this R40 Zone District;Map of Jackson's Landing, Lot#7,filed in the Suffolk County Clerk's Office as Map#5280; also identified as County Tax Map#1000-1134-9. The Board of Appeals will at said time and place hear any and all persons or repre- sentatives desiring to be heard in the above matters.Written comments may also be sub- mitted prior to the conclusion of the subject hearing.Each hearing will not start before the times designated above. For more information,please call 765-1809. Dated:June 24,1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P.GOEHRINGER CHAIRMAN By Linda Kowalski COUNTY OF SUFFOLK ss: STA TH OF NEW YO R K Patricia Wood,, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; f i and that the notice of which the annexed is a-printed copy, 11.1% been published in Said Long Island Traveler-Walchinall once each week for.. . . . . . . . . . . .. . . . . . . . . . /. . . weeks I SLlCCCSSiVC1y,COM111C1161)g On the . . . . . . . . . -;?7. . . . . . . . clay of 19 . . . . . . . .. . . Sworn to before file this . . . . . . . ..Y. ../2. . . .. . . day of .. . .. . . ... . . . 19 .�.4 . . . . . . . . . . .. . . . . Notary Public BARBARA A.SCHNEIDER NOTARY PUBLIC,St?te of Now York NOTICE OF HEARINGS / appropriation of the total 8:10 p.m. Appl.''No. 4024- balance of land after acquisition RONALD STRITZLER,M.D. NOTICE IS HEREBY GIV. by the N.Y.S.Department of En- Request for variance to the Zon- EN,pursuant to Section 267 of vionmental Conservation,and ing Ordinance,Article 111,Sec- The Town Law and the Code of requesting approval of the pro- tion 100-33 for permission to the Town of Southold, the posed building area for place- locate accessory tennis court following matters will be held ment of dwelling strut- structure in an area other than for public hearings before the ture w th related accessory the required rear yard on this buildinglsl,having irisufficient SOUTHOLD TOWN BOARD 4.9+-acre parcel.Location of setbacks in the OF APPEALS at the Southold front yard,rear Property: 3055 Sounciview Town Hall,53095 Main Road, yard and lot coverage in excess Avenue,Mattituck,NY,Coun- Southold, NY 11971, on FRI- of the five(501o)percent limit, ty Tax Map No. 1000-94-1-14. DAY,JULY 12,1991,commen- and(b)under New York Town (Recessed from June 7, 1991). cing at the times specified Law,Section 280-a,interpreting 8:15 p.m. Appl. No..4037- below: non-jurisdiction or otherwise' JOHN AND RICHARD 7:30 p.m. Appl. No. 4033- determining access approval. ZEISLER.Request for variance RANDI LACALAMITA. Re- Location of Property: Along to the Zoning Ordinance,Arti- quest for variance to the Zoning Peter's Neck Road, extending cle IIIA, Section 100-30A.4 south t so 2900 fe et ee u I Ordinance,Article 111,Section approximately (I00-33)for permission to locate 100-33 for approval of carport of King Street, Hamlet of accessory two-car garage stru Orient,Town of Southold,NY, c: in the front yard area with County Tax Map Parcel Nos. ture in an area other than the re- in rear yard at 700,1 reduced setbacks'from the front 1000-32-1-part of 2 and 4;also Jackson's Landing Road,Mat- and side property lines. Loca- Lot 3(ROW). tituck,.NY;Lot area is noncon- tion of Property:1395 Henry's 8:00 p.m. Appl. No. 4034- forming in this R-40 Zone Lane,Peconic,NY;County Tax ANTHONY AND MARIA District;Map of Jackson's Lan- Map No. 1000-74-01-10. MERCORELLA. Request for ding,Lot No.7,filed in the Suf• 7:35 p.m. Appl. No. 4028- variance to the Zoning Or- folk County Clerk's Office as RICHARD OLIVERL Request dinance, Article III, Section Map No.5280;also identified as for variance to the Zoning Or- 100-33 for permission to amend County Tax Map N.. dinance, Article III, Section previous various application 6b to and 1000-113-4-9. 100-32 for permission to locate decision rendered July 11,1990 The Board of Appeals will at new principal dwelling structure under Appl.No.3944 in order said time and place hear any and with insufficient rear yard and to locate two-car garage I all persons or representatives side yard setbacks. Zone desiring to be heard in the above District:R-80.Location of Pro- building, with partial enlarge- matters.Written comments may perty:Westerly side of Crescent ment for a second floor with also be submitted prior to the Avenue, Fishers Island, NY; windows, and conclusion of the subject hear; County Tax Map No. modifications as shown on a ing.Each hearing will not start 1000-006-06-20.5, containing new construction plan (in- I before the times designated 2+ acres eluding plumbing facilities for a above- For more information, 7:45 p.m. Appl. No 4036- half bath),in an area other than please call 765-1809. ELLEN BRAUNSTEIN. Re- the required rear yard.Location I Dated:June 24, 1991. quest for variance to the Zoning of Property:2260 Peconic Bay BY ORDER OF THE Ordinance Article le IIIA, Section ec'io n Boulevard, Laurel, NY; also SOUTHOLD TOWN 100-30.A3 to construct addition known as Lot 19 on the Map of BOARD OF APPEALS to dwelling with Edgemere Park; County Tax I GERARD P.GOEHRINGER I yard setback on this corner lot. Map No. 1000-145-4-4. CHAIRMAN Lot area is nonconforming in By:Linda Kowals ki 8:05 p.m. Appl. No. 4035. this R-40 Zone District.Loca- i MR. AND MRS EUGENE IX-6/27/91(90) tion of Property: Corner of 1. CROASDALE. Request for a Wendy Drive and Peconic Bay variance to the Zoning Or- Boulevard,Laurel,NY;County dinance, Article IIIA, Section Tax Map No.1000-128-5-7.Also 100-30A.3 to permit addition to referred to as Lot"A On the dwelling with insufficient front gwo Map of Rollin P,oil Estates,. and side yard setbacks.Premises pp :50 P.M. A ),. No. 403 is nonconforming as to lot area/ M MARY AND PETER BLANK. and width;the subject dwelling Appeal: (a) under Article 11, as exists is nonconforming as to Section 100-23,Article III,Sec� the front and total side yard set- tion 100-32 and Bulk Schedule, backs in this R40 Zone District. Column "V' requesting ap- to Location of Property: 595 provals of the reduced lot area North Parish Drive,Southold, Estates. the BLANK.11. .c e Schedule, e ap- irea and depth of Parcels I and 2, NY; County Tax Map,No. which nonconformities remain 1000-71-1-6, containing 28,250 which in private ownership following sq.ft.in total area. APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman ,.. hoc Charles Grigonis,Jr. �'` ' � „`, �" Town Hall,53095 Main Road @:'' �p Serge Doyen,Jr. -� uz P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the `Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk(Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the . same and in order to prevent a delay. in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible) . Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of the Legal Notice for Hearings. to be held 7/12/91 were sent to the following on 6/26/91 except as noted: Times-Review (delivered 6/24/91) Long Island Traveler-Watchman, Inc. (delivered 6/25/91) ZBA Board Members with copies from files Individual hearing folders . Original posted on Town Clerk Bulletin Board 6t24/91 Ms. Randi Lacalamita 1395 Henry' s Lane Peconic, NY 11958 Mr. Paul Reich P.O. Box 384 Peconic, NY 11958 Stephen L. Ham III, Esq. (for Oliveri) 45 Hampton Road Southampton, NY 11968 Steve Latham, Esq. (Re: Oliveri) Twomey, Latham, Shea & Kelley P.O. Box 398, 33 West Second Street Riverhead, NY 11901 Mr. Norman Reilly, Jr. A. Reilly & Sons, Inc. P.O. Box 98 Mattituck, NY 11952 John M. Wagner, Esq. 108 East Main Street P.O. Box 279 Riverhead, NY -11901 Tech Associates 3900 Veterans Memorial Highway Bohemia, NY 11716 Mr. and Mrs. Anthony J. Mercorella 2260 Great Peconic Bay Boulevard Laurel, NY 11948 Mr. Garrett A. Strang, R.•A. P.O. Box 1412 Southold, NY 11971 Ronald Stritzler, M.D. 51 Stirrup Lane Roslyn Heights, NY 11577 i 1 Town of Southold' Bulk Schedule for Residential Districts [Added 1-10-89 by LL No.1-1989] Column No, i ii iii iv v A vii ix x A xii Residential Unit Where Community 2-Family Detached Water and Sewer Dwellings in R-80 District A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Available District Minimum Requirements for 1-family detached dwellings, Lot site(square feet) 80,000 40,000 80,000 120,000 200,000 400,000 20,000 '20,000 40,000 10,000 160,000 Lot width(feet) 175 150 175 200 270 270 75 75 150 60 270 Lot depth(feet) 250 175 250 300 400 400 120 120 175 80 400 Front yard(feet) 60 50 60 60 60 60 35 35 50 30 60 Side yard(feet) 20 15 20 30 30 30 15 15 15 15 30 Both side yards(feet) 45 35 45 60 60 60 30 30 -35 30 60 Rear yard(feet) 75 50 75 85 100 100. 35 35 50 30 85 Livable floor area(square feet per dwelling 850 850 850 850 850 850 850, 8503 850 850 850 unit) Maximum permitted dimensions: Lot coverage(percent) 20 20 20 10 5 5 25` 25 20 25 10 Building height(feet) 35 35 35 35- 35 35 35 35 35 35 35 Number of stories 2;2 2Y2 2Y2 2;2 2% 2;2 2Y2 2% 2% 2% 2% NOTES: See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. x Except one-bedroom or studio in multiple dwelling may have six hundred(600)square feet.Minimum floor area may be reduced up to two hundred(200)for moderate-and/or lower-cost dwellings. \ Except one-bedroom or studio in multiple dwelling may have six hundred(600)square feet. �\ 2-25-89 J/ y J ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW IO8 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS (5I6)369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELEX-EHCA 6852318 UW P. 0. Box 570 TELECOPIER NUMBER(5I6) 369-2065 WATER MILL, N.Y. 11976 JANE ANN R. KRATZ ( JOHN M.WAGNER 516) 726-6633 WILLIAM POWER MALONEY THOMAS F.WHELAN ,i..� -�' +'-`�f - ,'� )I June 7, 1991 I � 1991 i Town of Southold _� a Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Attention: Ms. Linda Kowalski Re: Application for Variances/Interpretations of Peter and Mary Louise L. Blank Dear Ms. Kowalski: I enclose herewith, in connection with the above-referenced application, four (4 ) prints of a revised survey showing the proposed building envelopes for construction of single-family residences and accessory structures on the subject parcels. These surveys, which were last revised June 4, 1991, also indicate the percentages of the two subject parcels that are covered by the proposed building envelopes . Based upon the enclosed surveys, I respectfully amend the subject application to request additional variances of the "lot coverage" requirements for parcels 1 and 2 to allow maximum lot coverages of 16. 8% and 24. 7%, respectively. These variances are necessary to permit reasonable building envelopes on the subject parcels, as proposed. It should be noted that, although variances are sought for lot coverages of parcels 1 and 2 of 16. 8% and 24. 7%, respectively, the actual coverage of the lots after construction will likely be substantially less than the percentages given, as all areas of the proposed building envelope are not likely to be built upon. Very truly yours, JU-4 VAII� John M. Wagner JMW:pi Encs. o APPEALS BOARD MEMBERS SCOTT L. HARRIS Chairman �0 � �O� Supervisor Gerard P. Goehringer, ''�'77 Charles Grigonis, Jr.' 0,F Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Jos% Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone A. Villa a TOWN OF SOUTHOLD Telephone 516) 765-1800 Telephone (516) 765-1809 p ( July 12 , 1991 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 4032-a Project/Applicants: peter. Blank County Tax Map No. 1000-32-1 -"4. 1 Location of Project: "peter ' s. .Ne.ck Road , Orient , NY Relief Requested/Jurisdiction Before This Board in this Project: Area variances and 280-A interpretation 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��o�y JUDITH T. TERRY 0 < Town Hall, 53095 Main Road TOWN CLERK Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS v Southold, New York 11971 MARRIAGE OFFICER • qF Fax (516) 765-1823 Off' Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD . ' TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: May 29, 1991 RE: ZONING APPEAL APPL. NO. 4032 - PETER & MARY LOIJISE ..BLANK` Transmitted herewith is Zoning Appeal Appl. No. 4032 - Peter & Mary Louise Blank together with a letter from John M. Wagner of the firm of Esseks, Hefter & Angel re: their application, the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Zoning Appeal Board's Questionnaire, a copy of their deed, a letter from Peter & Louise Blank designating the law firm of Esseks, Hefter & Angel as their agent, and a copy of the survey showing the proposed construction. Judith T. Terry Town Clerk Peter' s Neck Road Orient, New York 11957 March 29, 1991 Zoning Board of Appeals, Town of Southold c/o Town Hall 53095 Main Road Southold, NY 11971 Re: Property owned by Peter Blank and Mary Louise Blank - Peter 's Neck Road, Orient, Southold, New York Dear Chairman and Members of the Zoning Board of Appeals: Please be advised that the law firm of Esseks, Hefter & Angel has been designated by us as our agent to make application for variances, interpretations and other relief given by the Zoning Board of Appeals on the above-described property. They have authority to file the aforementioned variances, etc. in this connection on our behalf. Please be further advised that any partner or associate of the law firm of Esseks, Hefter & Angel is authorized to execute documents in connection with the aforementioned variances, etc. Very truly yours, MARY LO TSE BLANK I PETER BLANK I i I ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. BOX 279 RIVERHEAD, N.Y. 11901 WILLIAM W. ESSEKS (5I6)369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELEX-EHCA 68523 18 UW P. 0. BOX 570 TELECOPIER NUMBER(5I6)369-2065 WATER MILL, N.Y. 11976 JANE ANN R. KRATZ JOHN M.WAGNER (516) 726 6633 WILLIAM POWER MALONEY t� ��_ "-^+ THOMAS F.WHELAN May 23, 1991 ,— - �-�� L C� � V7 Town of Southold MAY 2 4 '991 Zoning Board of Appeals �__y_ Town Hall, 53095 Main Road �J Southold, New York 11971 Attention: Ms . Linda Kowalski Re : Application for Variances/Interpretations of Peter and Mary Louise L. Blank Dear Ms . Kowalski : I enclose herewith, for filing , the following, in connection with the above-referenced application: 1 . Notices of Disapproval dated April 19, 1991 ; 2. Original application; 3. Original Notice to Adjoining Property Owners Form, with certified mail receipts; 4. Short Environmental Assessment Form; 5. ZBA Questionnaire; 6. Current deeds for the subject parcels, recorded at Liber 5286 of Conveyances, Page 33 and Liber 10991 of Conveyances, Page 596; 7. Four prints of a survey showing the proposed building envelopes for construction of single-family residences and accessory structures on the subject parcels; and . 8. Copy of letter, dated March 29, 1991, authorizing my firm to act as the agent for Peter and Mary Louise Blank on this application. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Ms . Linda Kowalski May 23, 1991 Page Two A check for the filing fee will be submitted under separate cover . Please review the enclosed and proceed to schedule the application for public hearing . If you have any questions or require any further information, please call me. Very truly yours , John M. Wagner JMW:pi Encs . t }J APPEALS BOARD MEMBERS ', ' SCOTT L.HARRIS / '` /' Supervisor }Gerard P.Goehringer,Chairman Charles Grigonis,Jr. - Town Hall,53095 Main Road r Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. Robert A.Villa Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 1, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main 'Street Riverhead, NY 11901 Re: Appl. of Peter and Mary Louise L. Blank Dear Mr. Wagner: This will confirm that the subject application has been reviewed and the following are requested at this time: (a) Proof of notice to an adjoining landowner (New York State) at the address shown on the assessment records must be done immediately, particularly since this matter has been advertised for a public hearing to be held on July 12, 1991. Please provide us with an Affidavit of Mailing together with the postmarked certified receiptifrom the post office that the appropriate notification has been mailed. (b) a copy of an abstract of title from a reputable title insurance company certifying single-and-separate ownership of the subject lots, which should be submitted as soon as possible. (c) separate $500.00 filing fee is necessary for the second lot since the two lots are not merged as originally believed. The /fiU( �,�r� $500. 00 fee paid to date will be applied to the lot situated ��1` �d� south of the right-of-way. The additional filing fee will be �// applied to the lot situated north of the right-of-way. Please call our office' if you have any questions. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN A L4as�ar Town of Southold Bulk Schedule for Residential Districts [Added 1-10.89 by LL No. 1-19891 Column No, i ii iii iv v A vii ix x xi xil Residential Unit Where Community 2-Family Detached Water and Sewer Dwellings in R-80 District A-C- R-40 R-80 R-120 R-200 R-400 HD RR RO Available District Minimum Requirements for 1-family detached dwellings, Lot site(square feet) 80,000 40.000 80,000 120,000 i 200,000 j 40000 20,000 20,000 40,000 10.000 160,000 r'71 Lot width(feet) 175 150 175 200 270 1 270 75 75 150 60 270 Lot depth(fect)O' 250 175 250 300 400 400 120 120 175 80 400 Front yard(feet), 60 50 60 60 60 60 35 35 50 30 60 Side yard(feet) 20 15 20 30 30 30 " 15 15 15 15 30 Both side yards(feet) 45 35 45 60 60 60 30 30 35 30 60 Rear yard(feet 75 50 75 85 100 100 35 35 50 30 85 Livable floor area(square feet per dwelling 850 850 850 850 850 850 850, 850, 850 850 850 �0 unit) Maximum permitted dimensions: Lot coverage(pereent) 20 20 20 10 5 5 25 25 20_ 25 10 Building height(feet) 35 35 35 35 35 35 35 35 35 35 35 Number of stories 2% 2% 2Y, 2% 2S 2% 2Y 2/2 2/ 2,2 2Y NOTES: See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. Except one-Lwdroom or studio in multiple dwelling may have six hundred(600)square feet.Minimum floor area may be reduced up to two hundred(200)for moderate-and/or lower-cost dwellings. Except ono-bedroom or studio in multiple dwelling may have six hundred(600)square feet. 2-25-89 I i 1 ' 100-23 SOUTHOLD CODE § 100-23 ) § 100-23. Effect of establishment of districts. ollowing the effective date of this chapter: A. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or. arranged to be used for any purpose or in any manner, except in conformity with all regulations, requirements and restric- tions specified in this chapter for the district in which such building or land.is located. B. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot. C. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located.No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this — -- chapter. D. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with the Zoning Ordinance in force prior to this chapter if the following is found to exist: (1) A building permit shall have been duly issued and construction shall have been started before the effective date of this chapter. (2) The ground story framework(including the second tier of beams)shall have been completed within six(6)months of the date of the building permit. (3) The entire building shall have been completed in P� accordance with such plans as have been filed with the " Building Inspector within one (1) year from the effective c � date of this chapter. E. /Any use not permitted by this chapter shall be deemed to be rohibited.Any list of prohibited uses contained in any section of this chapter shall be deemed to be not'an exhaustive list but 10036 2-2s-ss 1 § 100-31 ZONING ' § 100-32 (b) Adequate supervised parking facilities shall be provided. (c) No signs,except one(1)onAremises sign not larger than six(6)square feet in size displayed for a period of not longer than one(1)week immediately prior to the day of such sale, shall be permitted. (d) A permit is obtained therefor from the Building Inspector upon the payment of a fee of fifteen dollars § 100-3 Milk, area and parking regulations. ~ - 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 Schedule7 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: A. In the case of a lot held in single and separate ownership prior to November 23, 1971,and thereafter,with an area of less than forty thousand (40,000) square feet, a single-family dwelling may be constructed thereon,provided that the requirements of Column vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter are complied with. B. The bulk and parking requirements for single-family dwellings as set forth in Column ii of the Bulk Schedule and the Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. 7 Editor's Note: The Bulk.Schedule is included at the end of this chapter,and the Parking Schedule is in§ 100.191A. i'. 10049 6-1-90 § 100-32 SOUTHOLD CODE § 100-33 \` (3) All lots shown on minor subdivision maps that have been granted sketch plan approval.by the Planning Board prior to May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. C. The bulk and parking requirements for single-family dwellings set forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. ..... - (3) All lots set off or created by approval of the Planning — Board on or after May 20, 1983. f D. The bulk and parking requirements for two-family dwellings set forth in Column xii of the Bulk Schedule and Parking Schedule.incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. § 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-19901 In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory 10050 6-1-90 _ , TOWN OF SOUTHOLD P OPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT FORM R_ OWNER Np EZ ACREAGE ff �p S W > TYPE OF BUILDING „ 4ES� SEAS. VL. FARM COMM. f IND. I CB.' I MISC. I Est. Mkt. Value p•. LAND IMP. TOTAL DATE REMARKS ? 77 l .J Q o 3® a o' fl © � / moo ✓ 3 7/ SIdC�GE ��d B-60DUG CONDI- 0h �d cp /4-b NEW NORMAL BELOW ABOVE FRONTAGE ON WATER ��qo �g,n_V� ,� � ` . .; �� �r„� Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD e 5 if!ct j Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot Total Ble e ' / 4j' t Q INS 13 Zj -� f i/3 M. Bldg. x/ I i Foundation ! Bath i I I Extension s G*�) 9 ; rti I 7 i7� Basement I ; Floors AL,GV oFi B — j pf)Ex Psi J : li ej /Z, I Ext. Walls 1 °' �. Interior. Finish Exte`risibn Y f _ �� �( ,/� l,i Fire Place HeatIS LIE- I ='rs Porch i Roo'r`;Type _O?c� s / _ 96 ��r i Z I Porch Rooms 1st Floor Breezeway I Patio Rooms'2nd Floor �- Garage --- - I `� ` Driveway Dormer O. B. , P ' T011VIo1 OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT 7 FORM WNER E f� A R. S� "' W TYPE OF BUILDING REU_Lo SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS � _ '�, "aP In f� �l`' �i`C � , �a�� � C.e!t'/c-r-c •r i. 197 Gl. C 0. 3 0 o Y Z/r lg3l i C, 0 DING CQ DI I N N o 1�� o ', FAR/gk Acre Value Per alue Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER o. , y a v Brushland FRONTAGE ON ROAD House Plot DEPTH ZCf f z BULKHEAD 3 Total `, DOCK ONE■■ ■■■■■■■■■■■■■�i■■!�■■ '-•' f • "'� .`;r.,'r•';' • •• OMEN■■■ MOMEMMOMEMEMENIMEMNS1 NONE MEMO MEEMEMMERIMMMIMS. ■ME■E� MM!■_M_�_!�■��c�■�'■��■�I■AMA NONE ■■■■■IMF f1■7.1 swMM!a■ lid■■M■■ENN OMEN __ 11MENUMM1,19MIJEAMOMENN M■■■■N L�Mrri-rw L'■■■M■■■■■■M ■■■■M!■■■E■R!■M■■®Ely■■■■M■■■ .. Foundation - WWBasement • .. Interior Finish Fire Place •.. •.. .. TOWN OF SOUTHOLD PROPERTY RECORD CARD 0 — OWNER STREET VILLAGE DISTRICT SUB. LOT ' D L�sG FO R Sq OWNER N� - E ACREAGE / S ��,y� TYPE OF BUILDING RES. �o SEAS. VL. FARM COMM. I ND. I CB. I MISC. I Est. Mkt.'Value LAND IMP. TOTAL DATE REMARKS v--� 3 6 0 0 76, cr—o 3 le 60 & 3 (9--r--u -IS" 0 0 / o o o re f 7 3 E BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD ., Tillable 2' DOCK Tillable, 3 Woodland Swampland Brushlancf�' House Plot ; Total ' a I \ I l I I _ I - � I � � I l I I �%�� �i i _ I• �S � I I � _ M. Bldg. {� _ 7 3 ! Foundation I Bath — /Extension Basement Floors� �� a ids � � � ' 3 � >- i � � :.� --- �y I X-rO Extension I LU �� 1f o' Ext. Walls Interior Finish Extension _ I Fire Place Heat '�2 �'L/ Porch I Roof Type ENC L SS e �/-2 5_� � t� 0 .s p I Q�-�. I � i Porch I Rooms 1 st Floor a 73P Patio Rooms 2nd Floor Garage �L� x4 �G.0 J, O•TDriveway Dormer41 I O. B. I i I 4o � © oa - - - TOWN! OF SOUTHOLD P OPERTY RECORD CARD 2 OWNER STREET. VILLAGE DISTRICT SUB. LOT FORM R OWNER E .., ACREAGE t / J H� ��� Se W TY PE�O,F`BUILDING RES. /0 SEAS. VL. FARM COMM. I IND. U ,I CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS? ?, I 0 XX-19 I .!a/Z6/7 8' �r AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE.ON ROAD Tillable 1 BULKHEAD Tillable 2 DOCK Tillable. 3 Woodland Swampland Brushland House Plot Tota ,{ r Of. f i y���'`4 gY lJ ri!4 }1 �4'�. ;/ +jr..y ''y���.•�`�a�yZ��r R ::� °r`: . ���` f '�`� �.�`�p�� s� ,�,_,��"�.5.�+ fry•h�.��� „ ���������� � � '-'i ',r.-....;1""y'ti r"'3'�' My''�.`.2�,�,�. TI"'j x•.� '` - Sag? MEN �■� ME/4 'ti �,` 'r'�F,l „„,,��..��� `i�'ec.•1Nr}a2t�`.ri1�j. K+o Sy"7'�. .w :, . .+..aa_ _ �i►�� IN .. r J • / so of • :• Extension Exten Fire Place '• '•• .- Porch Rooms I st •. Breezeway Patio Rooms 2nd Floor • a Driveway Ile TOWN OF SOUTHOLD PROPERTY RECORD CARD r OWNER STREET VILLAGE DIST. SUB. LOT 3 e FORMER OWNER N E ACR. S W TYPE OF BUILDING �a �, k rya �e 01 RES. SEAS. FARM COMM. CB. MI C. Mkt. Value 3 z- 5 0 LAND IMP. TOTAL DATE REMARKS ,- d. -716f - 7S. R hla,,xff To Al-,L -e.' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 ! Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH ✓ BULKHEAD Total DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD 221 - ;L- 'o OWNER STREFT VILLAGE DIST. SUB. LOT FORM R OWNER N n E ACR. � r S W +.! TYPE OF BUILDING Clio Y Y RES. SEAS. VL. 3 FARM COMM. CB. MISC. Mkt. Value LAND `� IMP. TOTAL DATE REMARKS 12 2 _. o z z )1 9C • E .S _I•, C��,T TI 'I 1 c1 0�,-r (0LG k, C 2 LAI l ^ 10 S .3 vas �UC� �C78v o _ L 1 .5 i uuL4 '54 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre L T 1 2-001 6,o o Tillable 1 �C,p Lc)-7 -200, o r:�• lg ' -3�aa Tillable 2 Lo7-- =auk o,U C, OcG Tillable 3 / � Y b o y t".00 Woodland 00 Swampland � ?��,�� �p �� -��-� FRONTAGE ON WATER a ` o n Brushland 1�oc�rsvvt;u , 12. -- (� FRONTAGE ON ROAD House Plot � ? DEPTH BULKHEAD Total DOCK TOWN .OF SOUTHOLD PROPERTY RECORD CARD 2D :: OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N . • Y►`Y� - o� ACR. 1 S W TYPE OF BUILDING RES.; SEAS. VL. I FARM COMM. CB. . MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS IU C1 P ,-OoO Md D ' l 1 4OU to Z7 La2-- ? pe, � l -' v;' Otir E-:C r Tillable FRONTAGE ON WATER CCU „ 120. Woodland FRONTAGE ON ROAD Meadowland , DEPTH House Plot BULKHEAD Total — I - — .. l � ���' d'i .� f r �t ��F�i I �• III} - I _. '�- {II . !t`rk ��R 3> •u I--fF I + {I-----I}— i —_! `I I y V i — —I _ _ � I 3' —9'G> Foundation x 3`?= �`FD� 5,Z5 P . c I _ ... i — ._... —. r�3� 1�,LIr�G J sath I�_ r-• :gin, y i - � —�. ------ .---. _� ..-- •- --- ---- ... .._._.__._. _..__ .. Basil,nent Floor; —� '`a. Wtlis ICI_D\F>'L-59lix interior i inisp! _ °'_•',.�ansi,�n 1. t -r �- —,.•-_- . .. --. ;---'--- -- - - - ... Fir;: Place i Nest E l- w - -- - ----- -----�-'-- --- - -� --__ Lw- _. —. — -- Pool Attic j_ j— p i® �.s�( ® _� - --- Rooms 1st Floor __—(R4,lt( Breezr.gay Driveway Rooms 2nd Floorj 2�3f7f�� --- TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E Art S W TYPE OF BUILDING RES. •" SEAS. VL. I� FARM COMM. CB. " MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Tillable FRONTAGE ON WATER �� � 7 C Woodland FRONTAGE ON ROAD Meadowlannd , DEPTH House Plot BULKHEAD Total Cif � p �y2 S'6903 , 09 Ti s� 2 is f CP OQ C�h ZO \90 o o °ens a�a s S. 2j0 o� SF \10, pe sr 00 \ h i 47/L S 77°gy,5g„ ea 9 o/P 0 e 2 ..00� ^Po 0;� , .�, ss SN • 33Ss 0^ro 6 0? SP . I N °L 0;" g, 2 "o 6 h o 3 ) 0i•F I _ i 9 PS m WEi � 4V K, .si 6. I - 32 I 4 g _ 1000-32C^PS, Lii y �o°s P 8 Ifj ip�p o M O� �0- $ 6 Lot Area Pe Parcel N Area o rcent of Lot 1 fo/P o. f Building Envelope t? of \ Q c' `r' I 12085 S.F. - I.6461 Acres Ps NPry 2"'% 0 (9 rN 2 1887 1 S.F. - 1.7478 Acres = 2-4.7% ' )0- o o h �� 00 9^P �,a 3• Z°Z22� I1 2� / 469°�kp �2 6 s20o0� 0 6s s9°?as8 w ; ON cRFEk �Cl SURVEY FOR 8a5°e , ;�' PETER BLANK & MARY L.OUISE BLANKrL°`L22�6 I , AT ORIENT ! N 1 TOWN OF SOUTHOLD jl 3 SU FFOLK COUNTY , N .Y. OF NFL D _ >/F 14.16-4(2/871—Text 12 PROJECT I.D.NUMBER 617.21 t SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1• APPLICANT/SPONSOR 2. PROJECT NAME Peter Blank & Mary Louise Blank Blank Variance Application 3. PROJECT LOCATION: Municipality Orient, Town of Southold county Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Neck Peter's/.Road, Orient, Southold Town 5. IS PROPOSED ACTION: ©New ❑Expansion ❑Modiflcatlon/alteratlon 6.'DESCRIBE PROJECT BRIEFLY: Obtain necessary variances to permit construction .of single-family residences on two vacant parcels. 7. AMOUNT OF LAND AFFECTED: Initially: Tax Parcel 2: 1.7 '78; Tax Parcel 4: 1.6461 acres Initially acres Ultimately same acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ®No If No,describe briefly Lot area, lot. depth, and setback variances required. Variance or interpretatioli of Town Law §28,0-a required. 9. WHAT IS PRESENT LAND USE IN VICINITY_ OF PROJECT? ®Residential ❑ ❑ Industrial Commercial ❑Arilt gcuure Q Park/Forest/O ens ace Describe: ` P P ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? Yes ❑No If yes,list agency(s)and permit/approvals New York. State Dept. of Environmental Conservation - Tidal Wetlands Southold Town Trustees- Wetlands 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes 91 No If yes,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No n/a ---------------- I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: J o h n­_M1 Wagner,, a t t o rn-e y for Peter Blank ) & Mary Louise Blan Date: 2 // Signature: Dif the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act 'requires submission of this form, and an environmental review will be made L•y this board before any action is taken. SHORT ENVIRONMENTAL ASSESSbIENT ppRM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed , that the preparer will use currently available information'concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the Project is not significant. e (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large- impact on groundwater quality? Yes X No ' 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? X Yes No 7. Will project result in a major adverse effect on air quality? _Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ' known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? X .. _Yes No . 10. Will project have a major effect on existing or • future recreational opportunities? X Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation.systems? X Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s operation? Yes X �No 13. Will project have any impact on public health or safety? Yes No. 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes x period or have a major negative effect on the �.No character of the community or neighborhood? 15. Is there public controversy concerning the project? _ Preparer's Signature: Yes X'o isArys'ntinq: Peter Blank & Mar Lou se Blank Date:/ s QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Peter Blank Owner of Tax Lot 4 Mary Louise Blank Owner of Tax Lot 2 B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {x } No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contou s? { } Yes {x} No , except to the extent such changes are eventually required for construction of residential structures. D. 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this application? vPG 3. Is the property buikheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Such pzatact. 7 to be made prior to hearing on this application. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences e which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds.Peter's R!oad,Orient - Tax Parcel No. 1000-032.00-01.00-007.000 I. Please list present use or operations conducted at this parcel vacant and proposed use single-family residential ji77,E6rizdd Sign&Eure and Date -.John PS:_- Wagner attorney for Peter Blank and Mary Louise Blank 3/97 10/901k (r § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of,the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No.6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which.border on,tidal waters,or lands lying beneath tidal waters, which at mean low-tide are covered by tidal waters to a maximum depth of five (5) feet, including but-not limited to banks, bogs, salt marsh, swamps, meadows, flats;or other low lying lands subject to tidal action; (2) All banks, bogs; meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some.or any of the following- salt hay, black grass, saltworts, sea lavender,,tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying.within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: • (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to,l(d) inclusive, of the;Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as,defined in Subsection B(1)and lying with- 'in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." -9705 2-25-s5 691—Stntutoy Form.BarRaln'dnd Sale Deed.— r Y n _ Juuue BLUMneea,INc.,LA BLANK PUB69Hene. `Yltl1 nant tic Grantor ldual P2wtoetnt Recording. ,��%I >&%CHANCE PLACE AT��I�OADWAY, NeW,YoIIic ' Ph: � CMS INDlC1e1311, TUItL9`ina o tllo✓2'� day [1.•�1-•14-��--��-�-e/ ' 'ninoteen hundred and 6ixty-two, } �. BETWEEN GEORGE LATHAM, a/k/a GEORGE R. LATHAM, and ELIZABEIPH Es LATHAM, his wife, ' as to her dowor interests, both ' residing at Qno number) Bacon Road, Old Westbury, New s York, ij part i e 8 of the first part,and .I MARY-LOUISE IL. BLANK, residing at (no nulmber);ilMeadow Old 113;bury, � New York,IR- , � party of the second part, 1 ' Wt'�1ESSLTII, thati the part.e 8 of the firs ,part, in consideration 4of _.Tk;I+JAE3 n ;;n.o/7 0 ;.mp-�- 0 Dollars, ' III I— 1 lawful money of the United States, and other valuable 'considerat1one I; i ; I ! III I .• paid by the part y, of.,the second part do hereby'grant andi release unto the part y . of the second part, j her. heirs ! and assigns, forever,: i. :. ; •• ALL that _certain piece or parcel of land, situate at Orient, Town of. Southol•d', 'Oounty,, Hof Suffolk and State, ,of. New York, bounded' and described I as follows. BEGINNING at a concrete monument set at the southerly terminue of the wrest; erly ,line 'of a'' certain 33—foot-Private Road, being the southeasterly e.orner . of .land of Frances, IE.-I Douglass; running thence on the. extension nort°hegst'er;, ly of the southerly line of : said ;1'and of 'Franoesl E . Douglass; N.. 59: 21 E.-8.66 feet to the northerl terminue ,ofl ithe'westerly line of a:,ce'rtai 50 u: y. ,.., i 25.-foot Privaie',Roa,d;' thence' along ®aid' 25�Poot Privat®' Roa�1 tho®e c'oureee;, ae follows:' (1) ,8: 5 °; 120'' 20�0 E.•.104. 17' featr thon©e (2 ) 6: 27 11t1, 20" E. 137.51 fe.et;. theniae:;l 3) 8. ,:14° 142 '20" '', E..» �.?�.�391 feet ;t'o the';center of s '�} 'l n: inlet.: leeding';from'P'ete Neck"'Creek`.to,, a 'certain Salt pond; : thenc'o along, lam' of. George. R. Latham;;' Jr. , ,, two oour`Bes• 'as follow8: (1), $outhwegterly .'and ;-the nort�iwec�.erly a. .. ,the genterl ,of' said;'. inlet 2'00 feet 'more'''ori lose; thence`'; 3�° '29'I0 W,;rF�220'°t`eot more 'or,' 1.ese:�,'to, the ordinary; high wat®r mark ; ,ao,., of Orient Bay; �the;nc,e northwesterly, along ,e ids ordinary hag;yJ waterDne, 840 3a1 : feet .more: or less :to' land. conveyed':'or '.to 'be,� aonvreyed. b 'i�the Iparty .of the �;r ,j . firsit part to Margaret L. Strachan; : thong® e.long last.---mentioned land,:i'N. i'51 37' �0"' E.-460 fee. more ' o� les'® to sai&,"la''Ind� iof,!IFreno®e: E. '],Douglass; !-.there along said land of ;Franeee :,E..' Dou lass: two p1 . ourses a® follows: (1) S.', 630 <:i 368 .2011 E..-272.63 feet; the rice (2).' N.' S9° 2 501'I: EI.-� ,; .. 03, Meet ;to they point of BEGINNING. II L ' I I � ' ' i I I. 'I it , I ; •. f TOGETHER with a right of gay over -said:.',Private; Road northvresterl'y about 2900 'feeet to King ;Sfraet. I' II I;I i 11 I ij SUBJECT 'to a docUra;tion off' covenants and; regtlrictione;.. sffecting he. here:=-" in described property to -be hereinafter made by the party ofl the first .part and' recorded ' in, the Office Hof. the ' Clerk 'of the; County of Su 'folk., State oP; New York:_ Ka�a z i r { I TOGETIiER with all°'.the right, 'title 'and," inteirest of . the pariiesv of the �iret',' pant of, - in. and to' the land under, water in ®ri an t Bay, lying, contiguous to '• ; said remisesr ; :,.+c. • .F�.7�q}.�+•��ui�• q ;I I� w ,ta I I r I I Wit: .. •�' _ _ ' ' I I :' „ I' .I•I I III '..I, '• TOGUT EII with all right, title.and interest of-the. part ie 8 of the'first part of in and to the laud lying in the.streets and >�oads`m front of'and adjoining said premises: ( ' Y g TOG IEB withthe appurtenances;and all the estate and rights of-the artiee of the first art'in iitld to said premises. `t I ip jl P � � 1' TO HA AND TO HOLD the remises herein anted unto the art Ir ,, second art J ;P I� P y. P . her'heirs h' " I ;,; and assigns forever. ; r h; I' -,.aia.as wt- ,,]��ffirss�.-a,..,,.i��� � ,�._.—..41M RA,�T0.5 "+ 1�''t•�.�l�tia,.4r',-.•^••YCooame•e-�--�=-'" I li . �Y, TAGE The grantor; in compliance Iwith Section 13 of the Lien Law, covenants that the grantor will receive the coa>,id- :. ration for this. and will hold the right to receive such consideration as a trust fund to be;applied first for S e the purpose of'paying the cost of!the improvcmcnt�and that the grantolr will npply the same first to the payment of the cost of the irnprovi;ment before using any part of Itlio total of, 'ilia snmo €or any other liurpcise. E. I' AND the said GEORGE LATHAM and ELI ZABETH/LATHAM, hid,, w i f S, j� covenant that toy have , note done or suffered anything wliercby the said premises have cnrurnbcrcd ili lily way wl ntevcr�. ®]t0©pt sB la said ASS �'gII<;IiIE®F, the part i��' of the first part hag 0 hereunto set jj thel�' hands, ands f seal the day;and year first above wiztten. In presence of: f, �L.. � S . �LQ' a '\ �q 'Z: .L. s a `■ I• "I,�i,1i Lath l' WE STATEOF N.EI YORK COB NTY ®F NASSAtJ as.: F G nineteen hundred and 'Sixty—VW 0s On the day of before me came.', his W if e ' GEORf3E LATH.�M tend ELIZABETH E. LATH1�Ma , .., .. •. " to rrie lcnaiyii and Icnowa to m® to be the indibidual3' (described in, and who executed, the foregoing instrumenE, enf a acknowledged to ino,that' t hgr executed the same. 1-5 I . KEENNETH M.LATHAIM W TAFY PUBLIC, STAT.OF NEW 1•oatt I *� '•`�"f�' Np. 9$-•IlI4301.95 (III. � .~/' •p/y�r� �•' QUALW119D IN 5U FFQLK'OYN'P,v '�1'. .��1'4 .•� 1 7r>z1a ti+lJ�111e3 Mnecn 0. 9004 I I . .. I" :' �. I .I I 1 � ,ii . ' , j I,� � %'•ry Cam"t,,� aA+lat SLSa � ;,$", 7++k `da•^" i ..r ._. .(. 1 i,— t'_ - .. - . - •!3- .;,:`''•i^•�' :3va•�`��:r�E�:� `r e`�?�`?"1"�"'�TT•�Ic�«: 0. t• ,([''�� rr.� .j�•'�i1�1,Kir {tJ`rc' r`Q , I t/Q) •' I� I� (•. e-1►_! I, , 1. •.{�/:° ✓�,' .r•1• .. i 7f�ryN1 i�i W ,�,`�- \ Cc' i', . a. v, '' ' : o`er �I 43 4-3 ri 0 6 V*) "1 i I 0 H 24 i rRi� 1 I • ; �� � i�,r=•z.C.r-=�Jr:x � �` � � ��' �.-'"�� -tit-:"� �. _ - _i--....:� -- � _ •I_ • I I I � I it I I i o rrrr ;®EC 1962 1 i, NO.RMAN E, KOPP TL - Clerk of Suffolk County a w _S .•ti,"t,1,i�- �'' i .. `.. I P t4 ►►4tit gip 9P — v'd al or Cor 'ration. (singleg sheet - Standard NNAT.U. Form 8Q Bargain and Sale lkcd.without Covenants against Gra uts Mdl t u poi ), .. dCPNSULT YOU1't•LAWY1 VR OCPORS SIGNING THIS INSTRUMENT-TEAS INSTRUMENT SHOULD 89 USED NY LAWYERS ONLY' ' HIS INDENTURE,made the day of November nineteen hundred and..eighty-nine i BETWEEN Haig-Louise L. Blank, residing,at I No# Peter's Neck l Lane, Orient, New Yorlc' 11957 ! party,of the,first'parit, and 'Teter Blank, residing at'No# Peter's ICNeck Lane, ' j . . Orient, New York: ;.11957 , � I II , party of the second part, ;� WITNIESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration p0�viet au r'�" paid by the party of the second part, does hereby grant and release unto the party of the second part, th,e:heirs or successors and as ignc of the party of the second part forever, ,!. .,�N 2 199b ALL that certain A1Qk,-piece.ofr parcel of land; with the buildings and improvements thereon erected, situate;,:; iFrg dtidhc at Orient,, Town of Southold, i County of Suffolk and State of New 'York; bounaed andidescribed as:'follows: ' I S T : ' BEGINNING at' a concrete.monument set on the easterly line of a certain 33-foot 0 0 0 Private Road at the southwesterly' corner of l land of Frances E. Douglass and.. ... runfiing thence along said.Tand`of'Frances: E.. Douglass; .N.' '71 degrees'•56 )32 . 00 •-370 feet 'more' or' less to Pete.Neck Creek; thence along.the:'shore of Pete Neck Creek '. .so6therly! and then westerly about' 930 feet to .thel,easterly line, 'of a certain 25-foot Private Road; thence along said' 25-foot Private Road ;. :' '�" ;iLK. : three courses �s follows: (1). N. 14 �degreesl 421 2011 W.-295 feet more or Tess,:;. )1 . 00 the ce (2) N. 27 degrees li' 20" W.-1.46.02 feet; thence (3) N. 53 degrees••.12' : l 2011W.=99.56 feet to said certain 33-foot Private lRoad- thence along- said:,! 0T 33- oot Private Road N. 8 degrees 04' 00"' W.=30.0 feetjto the point of )04 . 000 BEGINNING. TOG THE R with a right of way over said Private 'Road northwesterly about ! 290 feet to K ng Street. TOGETHER with all thelright; title and interest! of!the!!!par ties of the first. parr of, in'iand to the land under water in Pete Neck Creek. lying contiguous ', to. aid premises. L..f l:�'LIUcD i L CSTtI E "JAB: � $ � O. r F� ! ur TOGETHER with 1a11 right, title and interest, if any; of the party of the first part; in and to any streets and roads'abutting the above-described premise's to the center lines thereof; TOGETHER with the appurtenances• 1 and all 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 piity.bf the second part, the heirs or successors and assigns,of the'party of the second part forever:' AND the.party,'of the first part, in compliance with(Section 13 of the Lien Law',,covenants that the.party of the first part'ivtll receive the'consideration 'fo�this "conveyance and will hold the.right to receive such'consid=;':'. oration as'•a bust fund to;''be'applied firs ,for the purpose o,f'paying the cost of;the• improvement. and will- -using apply the same first'Ito the' payment of the cost of the improvernent before any part of the total of'the.;; same�for apy other,purpose,, l The woad'"party" Shall be kons rued as if'it read "parties"whenever the sense of this indenture so.l requires IN WITNESS WHEItEgff the.party of the first part has duly.executed this deep the day and year first above:. t,/1 written.j 1' j 4. ., i IN PRESENCE OF: MARY-LO SE Li BLANK I 0991097 , STATE OF NEW PORK, COUNNTY OF StTF„•�{ SS: STATE OF NEW YOU - OUNTY OF SS: On, Imo, day of November, 19 89 ,before me On.the' ;day of f 19 ,before me personally came li personally came F L. . IMARY-LOUISE L. 'BLANK ' I f " III I•, � , j ;to•me ;known to`be the individual described :n and who tome knownI1'to be the individual described in and who executed the foregoing instrument, ;and acknowledged that executed. the foregoing instrument, and 'acknowledged that '" .i; • she executed the'sa' e:, ;•'j executed the same. _9 N AR PUBLIC j I I 'STEP NEN R.ANGGL I ' Not Putitic,Stato of Nevr Yotk ! " ouLai I' Ho.4803748 �I �I alifiad in.Suffolk County 1 I' I ' I j. Commission Ez as Septombsr 30�1990!` c li STATE OF NEB! YORK.;COUNTY OF � SS: STATE OF NEW PORK. COUNTY OF SS: ' On the day o { 19 r� before me' On'the day of ' 19 ;before me ;!. personally came �. (` 4 personally came tome known,'who; being by,me,'I duly sworn,' depose and the subscribing witness to the',foregoing instrument, with !whom I am personally acquainted,*' who being b me duly ` say that', he resides;at No p y q g y y c sworn,did depose and say that he resides at that !he' is the n ; that he knows it ; the coeporation described` in and which executed,the'foregoing instrument;l that,." he to„be the individual i, :know§,the seal of said,corporation; that .the seal affixed• •described in''-and who executed the foregoing instrument; to said instrument.'isl' such..corporate'seal; that it. was so. that '.'. he,.said'subscribing.witness,,was,present' and saw f. affixed'by order of the.board of directors of isaid corpora- execute the same;and,that he,said witness, and that he signed,h name thereto. by like order. at..the'same time subscribed h; name"aa' witness thereto. I I ' it 1 I ' :: •• I•i � i Fa rgain an tt1 pr �I SECTION 032 . 00 VV ITHOUT COVENANT XCA NST'hFANTOR s ACT6 I'( I�• P I BLOCK 00 NARY—LOUISE L. I$L 'I II LOT OOG'.{000 COUNTY OR TOWN SUFF�LK NTO , PEIV BLANK Recorded at,Request o4 ` j �1 j•. CHICAGO TITLE INSURANCE COMPANY _ Return by Mail to „ I STANDARD FORM OF ::Distributed,YOpK BOARD OF TITLE UNDERWRITERS:Distri buted,'by �,. ciffIC&Go FrzVra.$ - I. ESSEKS, HEFTER & ANGEL I: P. O. BOX 279 I14SUIMAncic COIMPAllTY ,1 y,. , RIVERHEAD, NEW YORK 11901 I ISM `' 199 ��' ;. W /�// I� �' , 7 y �' I' j ,•.I� , !;�• 'i OL,,,i� .;I"•. .�.:+. � ��'l. ��'di .r. ..4 ',lai"-�'', i' I,, I .,. , I " ` y� ca ,'.vm`� .. „y.,",,,,•.i,�,.,. „.,.u;-r"` .`as 3 Mwr L _ rf P l ' TF IE T t , a J —80 w — ' 80 1 I �rh IT �T ST TE RO o %AD1 1 �s RIENT F s 1 � s RRIM I �- ' n _ R-200 / 4 / _11 R-200. . o' !CL IV, i` s0 i.s N R•400 _ob fEL NATIONAL FLOOD INSURANCE HOtiIc;9l�: ZONE V8 ---- j ' " t (EL11) 'LONG . . BEACH BAY ��U � IlltibiiriV��� �iI4I MAP ZONE A7 (EL 10) - '1 Z �! =1 TOWN OF ZONE A7., NEW YORK \ / SUFFOLK COUNTY ZONE B ERS NECK POINT 1 � y '\`., � Laye�lJ7hnnntnlll 1 uul trr'�_�•--� ' � � i� - ZONE A7 cr - ;(EL 10) p�`{1jr%, _ —r r � ,• � PANEL -`1. 8 OF 120 u ONE A7 i LrlUl (SEE WRAP INDEX FOR PANELS NOT PRINT D) ZONE (EL9) 0 v " ZONE A7 p' (EL 10) 360813 0048 D ZONE V8 r # (EL 11) T j 1. y •,��,a�r. KI � r Y v 3 3V t _v Y nt. Z BNE ZONEA7' : r` �* " s ,`' ,t-'RIL 1 7, 1 985 ! w. ` ��•, `� qir , .4," 9t \At' �•�� ' `K..:• `� y i{ �f:• t 4a �a.t y A� - ? -.�:f( 7�'1'r'. 'i .� "S-t `•t 3p X"x.p s s+•. - Jl. - 73 vn ��� ¢'Dt"'w~ 'S�.::"t.�_�k•,T�`1cT.i'+➢.•_ �..`+•-v_ r. ►ttJ. -Nsf .. _`'.,.,..._ y .., .. ,. �. _r .. . .S�?' r, . ..4. ... -, - ti ` Q - BOARD OF APPEALS, TOWN OF SOUTHOLD i In the Matter of the Petition of Peter & Mary Louise Blank NOTICE TO to the Board of Appeals of the Town of Southold t.: .. ....,.._.. ADJACENT iTO: PROPERTY OWNER New York State Department of Environmental Conservation 50 Wolf Road' Albany; 'NY 12233-0001 • YOU ARE HEREBY.GIVEN NOTICE: 1-.,That it is the,intention of.the undersigned to petition the Board of Appeals of the Town of Southold to request a' Variance (Special Exception) (Special Permit) (Other) [circle choice) and interpretat1on ,to�..permit construction of single-family residences and accessory strxctures ti on tvio pakc'els. 2.That the ro ert which is the subject of the Petition is located adjacent to our property and is des- � property Y 1 1 Y P P Y . , cribed as follows: •.Ttao parcels located on easterly and westerly sides .of Peter's Neck-•Road in Orient, 'Town df Southold, New York. . (Suffolk County Tax Parcels• 10007032-01=002.:000_,&.....; 004.000) R-20pThat the property which is the subject.of such Petition'is located in the following zoning district: •t That by such Petition, the undersigned will request the following relief: Variances of Southold Town Code Sections 100-23 and 100-32; variance or interpretation of Town Law Section 280-a. S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article II & III Section 100-23 & 100-32 . [x] Section 280-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof,a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and your 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 lto 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- July 1, 1991 Petitioner John M. Wagn , attorney for app icants Owners ' Names: Peter &i Mary Louise Blank Post Office Address c/o Esseks, Hefter & Angel, 108 East Main. - . ., Street, Riverhead, NY 1.19 0 1. ' Tel . No. 516 ) 369=1700 [Copy of sketch or plan. showing proposal to be attached for convenience purposes . ] .1, 1I JUL • PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS New York State Department of 50 Wolf Road Environmental Conservation Albany, NY 12233-0001 f I 1 4 1�f • 1 •• h STATE OF NEW YORK ) ss:: COUNTY OF SUFFOLK} Paul S. Sisson, Jr. Riverhead, New York; residing at tieing duly sworn. deposes and,says that on the 1st day of July 19 91 deponent mailed a true copy of the Notice set forth on the re- verse side hereof. directed to each of the above-named persons at the addresses set.op{posite 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-. face at Riverhead, New York- ;that said Notices were mailed to each of sai sons by (certified) ("gi-Aerrd) mail. �. i Pa S. Sisson, Jr. . I Sworn to before me this day onf July 19 Notary Public - G PORICIA IREtANI) Notary Public, New Vd It . oualifierl in-Suffolk county�,9 Commission Expires Dec.3 , I (This side dces not have to be completed on form transmitted to adjoining property .6wner,s• .), I i :.,.'•.... ,.. •,al.•,��.:w_,. .«:•: D .�::.•. .,. .,.. .. .. 1 •.1:eYU�'tA���yli?c'-i";i�Htp;;k•n:✓.° , i..,.. vw�..r� w, }L. i ti I J i BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of ` Peter & Mary Louise Blank NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT PROPERTY OWNER TO: l I f. YOU ARE HEREBY GIVEN NOTICE: Y, 1. Th is the intention of the undersigned to petition the Board of Appeals of tfie Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] and interpretation to permit construction of single-family residences and accessory structures on two parcels. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: Two parcels located on easterly and westerly sides of Peter's Neck Road in Orient, Town of Southold, New York (Suffolk County Tax Parcels 1000-032-01-002.000 & 004.000) ,i 3. That the property which is the subject of such Petition is located in the following zoning district: R-200 4 That hti such Petition, the undersigned will request the following relief: Variances of Southold Town Code Sections 100-23 and 100-32; variance or interpretation of Town Law Section 280-a. ) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article II_& III Section 100-23 & 100-32 [x] 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 t 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: May23, 1991 J P itioner John M. Xgner, attorney for applicants Owners ' Names : Peter & Mary Louise Blank Post Office.Address c/o Esseks, Hefter & Angel, 108 East Main Street, Riverhead, N.Y. 11901 � r Tel . No . (516 , ) 369-1700 c ' ? [Copy of sketch or plan showing proposal to be attached for convenience , f purposes . ] PROOF OF MAILING OF NOTICE ® ! ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS George R. Latham, Jr. Peters Neck Road Orient, NY 11957 - George R. Latham, Jr. Peter's Neck Orient, NY 11957 Kenneth M. Strachan, Jr. and Peters Neck Road Deidre Strachan Orient, NY 11957 Mary Louise Blank and Others Orient, NY 11957 c/o G. R. Latham, Jr. Margaret L. Strachan Peter`s Neck Road Orient, NY ' 11957 I J STATE OF NEW YORK ) ss., COUNTY OFSUFFOLK) Paul S. Sisson, Jr.. . residing at Riverhead, New York being duly sworn, deposes and says that on the _23rd day of May , 19 91 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective 'names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post of- (certified)at Riverhead, New York ; that said Notices were mailed to°`ea h f said persons by (certified) (fegistered�mail. a Sworn to before me this 23rd ' P day of 1 S. Sisson) J , 3' , 19 91 Notary Public PATRICIA IRELAND Nctary Public,State of New Yolk No.4842572 tlualified in Suffolk County �y Commission Expires Dec.31" j/ (This side does not have to r property owners . ) completed on form transmitted to--� adJoinin9 • f0.NwClL M0.■[[ U .[cw of■-M-!■a � YaiCM w[ Y•T_-C�1_ u Iu rA.rn wo. ro.r CIL wo --->x-=ar5H —_� '—"F-•-z� —--it[u0t_ ole- !a .[c. o.a[ t oe-o1.1•i -o]-on 9 a. fo■fA.o[L.0, IYlT:111 a' aJ .El.[C.M.. - } �+ k• IIM.I . 04-o.-D4J lWd 6.3.1.1 4AW 41 Io.Ig11 • / �� To"of Q wurwoLo 0 4.o Akl 2A \ r 111 ItA■ J , ■OAYI 1r • FD.2y •• Yl It [4k[ - r J ILIj4.1 Q t) 2 eo � O 4r -I SEC wo CIS !.t �• ].[ A f<I 1]a La lo.y11 La 1.34 L■ ! UA L. ,w r•; lTA _ L■ :A, 6,9 ' Ta rfSC [�T•kl l .� \. +�A•Ns �+N .■.■a ,AO+� '• St Y� Rr OR V I i I•..AUI P°� S ,1 ° 960 IN C3 10 b wro.4 \ 10.4 T.TA(<1 b+f4� \ I.-- OF aoUM�ID K — [ ���fS ^•I■Akl ` .e[tl SEE SEC 00]Y ` \ \ l 2oye1 STATE of M[r Vol. SEE - _- ' `� C, \mil ,� /■.DAlcl N I R�fNp \ � ^�.. SEE SEC M0.U[ 4' �� I • 10 11 J'Ald .. \ � I]•I<I ITJ T I lalcl I.Jyd e.]y11 1 1��_._.. •t t«t CLJ A now or formerly State of New York �TF .o now or formerly Peter Blank Jr 8E George R. Lathom Jr. �10 'PO �g2 s.690 N i %%t S W �o �a,\ 0 V ,�c�ge��PQ �\ y F � E Oi9: `Z\• �°`uO5�� a PSr QP S 7 o.. S 7-7o5g�59,E ,9rorO°�i o \,63 tv �2p00, ~�°v now or formerly - s.77031,398E. o %� �si s� C, `c' 0^ �, Margret L. Strachan o%, LgNpwq 2�2ssr o�' fro°' io4�39FWFc'c sr'(p �0�/ I o t1r� AS SNp CIIHIT OF b pRE q�lpq� It�l q ND ETA ^' FjF�°/AS ��.. '9�0o S911� C'/Ls �.� I Tn CD a N.Yg pSE MA 'Y 3° /� 0S6, .0 %\ ET ANKS w • S� 9 �F I - 32 - 1 - 4 I OD 1000 - 32 -1 - 2 IC!' pO \ `�o.$ �o �y f01- o .p 0'csa ��� oui / ro Lo eA to N CIA F g�g, e Of � ro Parcel No. Area of Building Envelope Lot Area Percent of Lot 0 /o 1 12085 S.F. - 1. 6461 Acres = 16.8 % ass°ado , 01,Ir 0 9� 2.2�'�1; 2 1887 1 S.F - 1.7478 Acres = 24.7 s oo, ID � 3•15 ° 2 9% / N 6 ° 90 �!S2o O �S 2?358 ,W ,90 CO T cRFFk ;°ry 82.48' SURVEY FOR 8803508 22��6 2022� PETER BLANK & MARY LOUISE BLANK N. AT ORIENT .anvlRUfUCtU,ALI tNA I1)N Uk AUINI n. \ TOWN OF SOUTHOLD O THIS SURVEY 1$ A V101Af10N EDF 3• , •1criON 72D9 Or THE NTW YORK STATE \ DEICATION LAW. . SU FFOLK COUNTY N .Y. E IESLA OF URV SURVEY MAP NOTSEAL BEARING 0,Q ?6 m �P�E OF NFhk HE LAND SEAL SHALL INKED SEAL OR •1 ?5�.�.\ E7 S t MBOSSCD SEAL SHALL NOT BE CEN4;,tDER[[ O O BE A VALID iBU{ COPY �P�a �• �` UAFANTEES INDICATED HEREON SHALL RUn y _,_Y O F" G 7 NL Y TO THE PERSON FOR WHOM THE SURV, O Q PREPARED, At+U ON HIS BLHALF i0 THE 'fit TLE COMPANY, GOVERNMENIAL AGENCY Aft NDHE INSTITUTION LISTED HEREON.I AND 8 J�1L�V � � ' THE A551GNCE$ Of THE LENDING INSTi I , P6DD GUARANTEf.S ARE NOT i"n,ANSc", <,` %..�� � ADDIiIONAI, f*�tltr4117'!it#ht -4 t/Mtl,O•r....ir NOTE SUFFOLK COUNTY TAX MAP IUN. 4, 1991 YOUNG 81 YO G DIST. 1000 SECT. 32 BKL. I LOT 2 a 4 DATE: FEB. 8 , 1991 400 OSTRANDER AVENUE , RIVERHEAD , N.Y.SCALE I ° = 100, ALDEN W. YOUNG , N.Y.S. P.E.a L.S. LIC. NO. 12845 A NO. 91-0094 HOWARD W. YOUNG , N.Y.S. L.S. LIC. NO. 45893 THOMAS C. WOLPERT ,N.Y.S. P.E. LIC. NO. 61483 60286 I I COUNTY OF SUFFOLK- PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ....... ...--:..__.._... ..,.... -.;;.. DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING August 21, 1991 Town of Southold Zoning Board of Appeals Applicant: .Mary and Peter Blank Mun. File No. : #4032 S.C.P.D. File No. : SD-91-16 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Alternative rear yd./lot coverage relief appears warranted as set forth. Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 11788 (516)360-51 92 APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. �a�` - Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Rohert. A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 Pursuant 'to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers 'the following to the Suffolk County P1 i Ccnm Nl issesct�i l %r 2 8 0-a ''Townng L a , XX Variance from the Zoning Code , Articlell Section 100-23 Article III Section 100-32 Variance from Determination of Southold Town Building Inspector, Special Exception , Article 2 Section Special Permit 4032 and Appeal No. :4040 Applicant: Mary .and Peter Blank Location of Affected Land : Peter ' s Neck Rd. , Orient , NY County Tax Map Item No . : 1000- 32- 1 -p/o 2 and 4 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary) . State ' or County Road , Parkway , - Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting RtIRrAkRRARR kQ approvals of reduced lot area and depth of Parcels 1 & 2 , placement of principal dwelling wit re a ed accessory structures , front and rear yard setbacks , o covera f 54 i ;r,,; + anA1 ?80-a interpretation . Copies of Town file and related documents enclosed for your review. Dated : Aug. 13 , 1991 • Page 5 - Appl. No. 44._ and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting Accordingly, on motion by Mr. Villa seconded by Mr. Dinizio it was RESOLVED, to ALTERNATIVELY; 16RANT for Parcel #1, relief permitting a rear yard setback at not less than 7 5feet from .the rear property line to the dwelling (foundation without decks or overhangs) , and at not less than 65feet from the rear property line for all other structures or buildings; be it further RESOLVED, to ALTERNATIVELY GRANT relief as to Parcel 42 as as limited below: (a) rear yard setback at not less than 75feet from the rear property line for all buildings and structures ; (b) maximum lot coverage at 200 of the total lot area for all buildings and structures; and be it further RESOLVED, to GRANT the following relief, as applied and requested under Appl Nos. 4032 and 4040: (a) as -to both Parcels #1 and #2, a front yard setback for a future principal building at not less than 40 feet from the front property lines along the private right-of-way; (b) as to both Parcels #1 and #2, a waiver of- jurisdiction under New York Town Law, Section 280-A, concerning further road improvements; (c) approval of the area and depth -Parcels #1 and #2. (d) approval of the maximum lot""coverage for all structures on Parcel #1 as requested at 16. 8o' of the total lot area. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left to return to Fishers Island. ) (Member Grigonis was absent due to illness. ) This resolution was duly adopted. Rk-EIVED AND FILED BY THE SO THOLD TOWN CLERK Z..GERARD P. GOEHRINGER, CHAI?IAN , DATE HOUR I Igo o� Town Clerk, Town of Soutliold i APPEALS BOARD MEMBERS _. �'- ''.` ,'' SCOTT L.HARRIS Supervisor Gerard P. Goehringer,Chairman _ ` _''A.r Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. y Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 >� = ~.%L Telephone(516)765-1800 -:rrcc� BOARD,QF APPEALS TOWN OI'SOUTHOLD August 13, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Re: Appl. Nos. 4032 and 4040 - Mary and Peter Blank Dear Mr. Wagner: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department, Town Trustees, N.Y.S. Department of Environmental Conservation, County Health Department, and any other agency. for permits or other approvals which are appropriate- for this project. Copies of this decision have simultaneously -',,herewith been transmitted to the Building Inspectors for their 'file and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Suffolk County Department of .Planning APPEALS BOARD MEMBERS ,4e` a ' ++'�;' SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. . , �z Southold,New York 11971 Robert A.Villa - " - �',;i?; � �� Fax(516)765-1823 Telephone(516)765-1809 = Telephone(516)765-1800 BOARD,QF APPEALS TOWN OF SOUTHOLD Applications No. 4032 and 4040. ACTION OF THE BOARD OF APPEALS Upon Application of MARY AND PETER BLANK. Appeal: (a) under Article II, Section 100-23, Article III, Section 100-32, and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remain in private ownership following appropriation of the total balance of land after acquisition by the N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s) , having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law, Section 280-a interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter' s Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; :.also Lot 3 (ROW) . WHEREAS, a public hearing was held on July 12, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following--ti-ndngs of fact: 1. The subject premises consists of two parcels which_ awe-- located along Peter' s Neck Road and private right-of-ways extending in.- a-southeasterly direction of -Ifl e easiter'ly side. of: King' s Street in the Hamlet of Orient:Town a± S'ou:tholdo Page 2 - Appl. No. 4, 2 and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting 2. The first parcel, referred to on the survey map as Parcel 1: (a) is identified onII the Suffolk County Tax Maps as 1000-32-1-4.1) {previously identified as part of 4) , and (b) is located north of the private right-of-way; has a total land area of 1. 6461 acres (71,704 s.f. ) . ; {the total acreage prior to acquisition of the contiguous 2.5281 acres by the N.Y.S. Department of Environmental Conservation on Octo- ber 26, 1990 was 4.2271 acres) ; and (c) - has a lot depth of approximately 200 feet at its greatest distance from the front property line along the right-of-way; (d) is shown on the July 12, 1991 survey map with a proposed building envelope of 12,085 sq. ft. , covering 16. 80 of the lot, for the future construction of a principal building and related accessory buildings or structures; (e) is shown on the survey map with a proposed "envelope" area with an insufficient setback at 40 feet from the front (southwesterly) property line and an insufficient setback at 60 feet from the rear. (northeasterly) property line of this parcel {for future construction) . 3 . The second parcel, referred to on the survey map as Parcel 2: (a). is identified on the Suffolk County Tax Maps as 1000-32-1-2.1 {previously identified as part of 2) , and: (b) is located to the south of the private right-of-way having a total area of 1.7478 acres or 76,133 s.f. ; (the total acreage prior to acquisition of the contiguous 7.4047 acres by the N.Y.S. Department of Environmental Conservation on October 26, 1990 was 9.1525 acres; (c) has a lot depth of approximately 150 feet at its greatest distance from the front property line along the right-of-way; (d) is shown on the July 12, 1991 survey map with a proposed "envelope" area of 18,871 sq. ft. , covering 24.70 of the lot, for the future construction of a principal building and related accessory buildings or structures. (e) is shown on the survey map also with the "envelope" area an insufficient front yard setback at 40 feet from the front property line and an insufficient rear yard setback at 60 feet from the rear (southwesterly) property line. Page 3 - Appl. No. 4 _, and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting 4. In this R-200 Low-Density Residential Zone District, as adopted in the new Master Plan Revisions and Update of the Zoning Code on January 10, 19891 the following Bulk Schedule requirements, under Column "v" ,; !are listed as a minimum for a one-family detached dwelling: (a) Lot size 200,000 sq. ft. (b) Lot depth 400 feet (c) Front Yard Setback at 60 feet (d) Rear Yard Setback at 100 feet. Also limited in this section is the lot coverage of the parcel for all structures at 5% of the lot area. 5. The percentages of relief sought by this variance application concerning Parcel 1 are as follows: (a) Lot size at 71,704 s.f. is approximately 35.5% of the total requirement of 200,000 s.f. ; (b) Lot depth at approximately 195 feet 97. 5% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; (e) The proposed building envelope area shown on the survey exceeds the maximum lot coverage ( 5%) by 11.8%, for a total of 16. 8% of the total lot area," or 12,085 s.f. 6. The percentages of relief sought by this variance application concerning Parcel 2 are as follows: (a) Lot size at 76,133 s.f. is approximately 38% of the total requirement of 200,000 s.f. ; (b) Lot depth at approximately 150 feet is 75% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; , (e) The proposed building envelope shown on the survey at 18871 s.f. is 19.7% over the maximum permitted ( 5%) , for a total proposed at '24.7%. s ti` Page 4 - Appl. No. 4, and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting I` 7 . For the record, it is noted that Peter' s Neck Road is a town-maintained road in good to excellent condition and extends to each of both parcels under consideration. Therefore, the jurisdiction under New York Town Law, Section 280-A, is waived as to need for further road improvements. No 280-A requirement has been found of record for this access road to any of the houses either to the east of the subject premises or to the west, except as the Planning Board may have conditioned under the 1981 minor subdivision ( 1000-32-1-12) situated at the most easterly end of the private right-of-way. 8. For the record, it is noted that the Board has also considered the history of conveyances over the years since prior to 1962, and as shown on the single-and-separate search prepared by Aquebogue Abstract Corp. dated July 3 , 1989. The Board recognizes these two parcels as having been in single and separate ownership up until the present time. 9. In considering this application, the Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will beano substantial change in the character of the neighborhood, and a precedent would not be set since the physical characteristics of this land as it related to the general area and wetlands has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be. obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. i a, r Page, 5 - Appl. No. 4� and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting Accordingly, on motion by Mr. Villa seconded by Mr. Dinizio it was RESOLVED, to ALTERNATIVELYiGRANT for Parcel #1, relief permitting a rear yard setback at not less than 7 5feet from the. rear property line to the dwelling (foundation without decks or overhangs) , and at not less than 65feet from the rear property line for all other structures or buildings; be it further RESOLVED, to ALTERNATIVELY GRANT relief as to Parcel #2 as as limited below: (a) rear yard setback at not less than 75feet from the rear property line for all buildings and structures ; (b) maximum lot coverage at 200 of the total lot area for all buildings and structures; and be it further RESOLVED, to GRANT the following relief, as applied and requested under Appl Nos. 4032 and 4040: (a) as to both Parcels #1 and 42, a front yard. setback for a future principal building at not less than 40 feet from the front property lines along the private right-of-way; (b) as to both Parcels 41 and #2, a waiver of jurisdiction under New York Town Law, Section 280-A, concerning further road improvements; (c) approval of the area and depth-Parcels #1 and #2. i � (d) approval of the maximum lot 'coverage for all structures on Parcel #1 as requested at 16. 80 of the total lot area. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left to return to Fishers Island. ) (Member Grigonis was absent due to illness. ) This resolution was duly adopted. lk f GERARD P. GOEHRIN R, CHAI v TRANSCRIPT OF HEARINGS2° Q 1 SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF FRIDAY, JU7 12, 1991 Y Board Members Present: Chairman Gerard P. Goehringer and Members: Dinizio, Doyen,• and Villa Members Absent: Grigonis (due to illness) Linda Kowalski, Z.B.A. Secretary and approximately 35-40 persons in the audience. Appl. No. 4033 Ap] .�icant(s) : Randi Lacalamita Location of Property: 1395 Henry' s Lane, Peconic, NY County Tax Mai No. :Th\e Chairman opened the hearing at 7:30 pm and read the notice of hearing and application for the record. CHAIRMAN OEHRINGER: I have a copy of a sketch of a survey produced b Roderick Van 'Tuyl with no specific date indicating penned in carport 18 by 35 in the front yard area. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Now we' re ready for- you. If you would kindly state your name for the record plea a sir. MR LACALAMITA: M name is Joseph Lacalamita, my wife is the owner of the prope ty. CHAIRMAN GOEHRINGER: How close to the I guess that' s the northerly property line at its closest point is the carport? MR LACALAMITA: It' s a�]proximately midway between the house itself and the -street (H ry' s Lane) . CHAIRMAN GOEHRINGER: Okay, but in .reference. to its closeness on the side yard area, how\\ose is it to that property line do you know? MR LACALAMITA: It' s I think hrte feet. CHAIRMAN GOEHRINGER: Three feet. Could you measure that for 'us please and let us know on Monday. MR LACALAMITA: Yes I will. CHAIRMAN GOEHRINGER: Okay. The \only�reason why I didn' t measure was I was down early one morni g looking and I didn' t Page 6 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. Appl. No. : 4032 tl/oO, Applicant(s) , Mary and Peter Blank Location of Property: Peter's Neck Road, Orient, NY County Tax Map No. : 1000-32-1-Lpart of 2 and 4 also lot 3 The Chairman opened the hearing at 7 : 50 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map produced by Young and Young or Howard Young the most recent date is June 4, 1991. Indicating parcel one which is an area which is the nature of this application of 1.6461 acres and parcel two an area of 1.7478 acres and I have a copy of the Suffolk County Tax Map -this and surrounding properties and for the record this was a condemnation I believe by ,the New York State Department of Environmental Conservation and these are the remainder parcels left from that condemnation. Mr. Angel would you like to be heard concerning this? MR ANGEL: Yes I would. CHAIRMAN GOEHRINGER: It' s so nice to see you again. How are you? MR ANGEL: I haven' t been here in a while. CHAIRMAN GOEHRINGER: Yes you haven' t. MR ANGEL: Really not since Bob Villa got on the Board. With his pavilion face it' s a, different setting. Can I, do I speak into the-microphon6? CHAIRMAN GOEHRINGER: Unless anybody complains. MR ANGEL: I prefer just not standing back and addressing you directly in the bank. CHAIRMAN GOEHRINGER: You can hear it? MS KOWALSKI: I think so. I' ll let you know if I don' t. MR ANGEL: I ' ll speak loudly. Does the audience want, do they hear better if I speak in the mike. CHAIRMAN GOEHRINGER: There' s. a microphone right here. MS KOWALSKI : It might be better. MR ANGEL: I ' ll do whatever you want me to do. Page 7 - July 12 , 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MS KOWALSKI : You better use the mike, that would be better. CHAIRMAN GOEHRINGER: You know ,what you could do, you could pull that table over if you waAted to use it. MR ANGEL: Is it better if I speak to the mike? Mr. Goehringer was correct this is an application for variances of lots that were in fact reduced in size as a result of condemnations by the New York State Department of Environmental Conservation, the DEC. As I said my name is Stephen Angel I represent the applicant, an attorney in Riverhead and what we' re seeking here are a series of variance's from your Board. A front yard variance as your Board describes front yards, from about 60 feet to 40 feet and a rear yard variance from 100 feet to 60 feet. A lot depth variance from 400 feet to 40, but the way you measure your lot, the way you define lot depth, did I say rear yard or depth, lot depth is sort of unusual in the ordinance and the nature of our variance here is not going to be as great as it sounds as you see in the survey. And finally a lot coverage variance, we want to increase the permissible lot coverage in this five acre zone from 5% to approximately 160 and 24% given the remaining parcels. Now Mr. Goehringer identified a survey or a couple of surveys I think that were prepared by Young and Young in this case. We have updated those surveys and I would like to present essentiality the same surveys to you with some additional information on them and they most recently revised today. The first survey which is marked as "A" is a survey of the area showing the building envelope that we are requesting. The ones showing the variances that,-we are requesting. , It has bunch of information on it; which you have on those other surveys but it also includes the 5 foot contour from the Suffolk County Topo. And the precise measurement of the depth of lot as measured by your ordinance. In addition to the other stuff that you see on the one that' s already been submitted and with your permission Mr. Goehringer I would like to hand this out. I have a bunch of copies for you, how many would you like? MS KOWALSKI : About six would be great. MR ANGEL: How we produce this. I think Howard is . . . . . Now I have a survey also prepared by Young and Young which is delaminate "B" -which shows the extent of the building envelope if all setback requirements were adhered to, given the lot configuration we' re left with. Or the lot configurations we' re left with after the DEC taking and you will see it' s dramatically less. If you look at those parcels and they' re both shown on Plain "B" , parcel one y Page 8 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: originally consisted of 4.1742 acres, parcel two originally consisted of 9.1525 acres all of the land not remaining was taken by the DEC on October 26 , 1990 . We' re left with as you said Mri�' Goehringer parcel being 1. 6461 acres and parcel two being 1.7478 acres clearly less then what' s required under the 200 square foot minimum zoning requirement in this zone.. Now I've mentioned to you briefly what the requested variances are, I don't think that I need to go over with them again. We respectfully submit that in this situation we have a practical difficulty, obviously the difficulty was created by the condemnation for the record we have opposed the condemnation from day one, the Blanks of the many people who were involved in the, as lot owners, condemnation conducted by the DEC were perhaps one of two or three that have actually not sit with the DEC they fought it out and tried to maintain their property and did not arrive at a voluntary agreement. There' s no self created hardship by doing this. As I said the DEC took their property there is not even an agreement as to price on their property. That is going to be the subject of a claim in the court of claims. The variances that we're seeking I respectfully are not as substantial as they seem at first glance. The property around that is developed on lots are not in the, certainly are not 5 acres, the ones on Peter' s Neck. There are some that are small there. More over the lot sizes themselves that we' re left with are surrounded by a tremendous amount of open land that the State has taken, it used to be part of it. We're not in a situation where by allowing the development of these two parcels you are creating houses on what are going to appear to be smaller parcels. they- are going to be surrounded hopefully in perpetuity by the large expansive DEC acquired wetlands.,. It' s not going to effect the substantial change in the character of the community, we can't solve the problem other then by getting variances from you. I should point out in this regard that in all their conversations and in all their approach to dealing with the Blanks the DEC has taken a position that what is remaining, in other words these parcels one and two that you see, are buildable parcels. They have made payments to Mr. and Mrs. Blank in accordance with law, they have to make an advance payment and those advanced payments are predicated on these two parcels being buildable. I'm not saying you are bound by that, but the DEC has treated it as such. It' s not like they required or paid for the use of these parcels. They have assumed through purposes of their condemnation that we can get a building permit on each one of these parcels. CHAIRMAN GOEHRINGER: Why did they do that Mr. Angel rather than allowing the variances to occur first? Page 9 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: They wanted to take the property. Their timetable is their own. They just did it. They were convinced, in my conversations with them, know1w,hether they are wrong or right they were just convincing, based upon unidentified conversations with people in this town that they were going to remain as buildable parcels. They never explained to me why they were convinced of that. Though I have had numerous discussions about the value of property and they have always taken the position, that what remains are two building lots. But as far as waiting for a variance,. I personally think that they have an agenda, they wanted to acquire a whole bunch of properties in Orient. The properties were acquired under funds that were made available back in 1972 on the 1972 environmental bond act. They developed their agenda and they just went ahead with it. I don't think that they made municipal. approvals. There wouldn't be municipal approval applications on anything that they did in the Orient positions. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: The other thing that is involved in 'this application is there' s also a 280A application because we are building on a private road. That' s a little bit of an interesting question, because I think 280A requires an application for a variance to build on a road that' s not part of the official map. If you look at your official zoning map the road is on that map. I leave it to you people to decide whether the 280A application would be necessary in this case. I believe that when my associate John Wagner checked into the necessity of the 280A application there was a subdivision done at .the end of Pete' s Neck off this road within the last few years, a minor subdivision and I don' t believe that that had a 280A application. That doesn't necessarily mean that we shouldn' t, but I want to bring that to your attention. We previously submitted single and separate certificates that go back until 1962, we' re led to believe that in 1962 and even prior there to has been thereafter for a few- years the town uniformly allowed divisions to these large lots without the necessity, especially where there' s only a five lot and four lot subdivision, not be a necessity of minor subdivision frugal. I 'm here and the Blanks`•are here to answer any of. your questions. CHAIRMAN GOEHRINGER: How long has this road been in existence? MR ANGEL: Well the road was created as a separate parcel in 1962. How long is it physically been there? Page 10 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN GOEHRINGER: Yeah. MR BLANK: 1938. e ' CHAIRMAN GOEHRINGER: And how long has it been in actually improved .to the point of either asphalt or some sort of hard base surface. MR BLANK: 1955, something like that. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: And there' s one thing that by the way John was going to be here tonight, but somebody is ill in his family, he could be here so I 'm handling this all by myself. He promised that he'd bring Linda a copy of the Peconic Bay Estuary CEA, the critical environmental area map and a resolution. It is possible, again I 'm not sure, that we fall within that area. I 'm not as you can see from looking and I have an extra copy of this map, as you can see from looking at it is not •a very paced boundary. CHAIRMAN GOEHRINGER: We've had that trouble with the flood plain maps, I assure you. MEMBER VILLA: Jerry could I ask you a question? CHAIRMAN GOEHRINGER: Sure. MEMBER VILLA: Mr. Angel I don' t .have' a problem with the 40 foot setback f�om.,..the front, from 'the road too much, but looking at the- parcels, looking at parcel one, just working off this as a one inch equals 100 feet, it would appear that the depth of parcel is about 60 feet plus or minus. The building envelope. Now, the Trustees will require a 75 foot setback from the wetlands, have the Trustees been approached at all on this? MR ANGEL: No they haven' t. The reason, in fact, I'm going to brutally honest with you, I' ll just tell you what happened in this application. When we originally drew the, or asked Howard Young to draw the lines, we suggested a 75 foot setback from the wetlands line and Howey told us, Howeys very familiar with this area. Howey was the surveyor for the DEC on all the acquisions and- has been involved in applications representing people on both sides and he suggested the setbacks that we have now because. I guess with the DEC taking he was familiar with the DEC approving a setback similar to the ones that you see here. He had made that suggestion to give us more area in which to deal with Page 11 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: the zoning, more area to deal with placing the structures for a house. MEMBER VILLA: Well I just, I alas just wondering if your clients would you know if you reduce that 60 foot plus or minus to meet the 75 foot from the wetlands you still have a 35 foot building envelope and most houses aren't 35 feet in depth. MR ANGEL: Which one are you talking about parcel one or parcel two? MEMBER VILLA: Parcel one. Parcel two you even have a greater depth with that one is . about 90 feet plus or minus. MR ANGEL: Well needless to say, we like the flexibility, certainly 35 feet to build a house is sufficient, but here you are talking about, we want an area that may be sufficient to place a deck or a pool, we don' t know what' s going to come in ultimately when an application is made to build a house. We realize that we have to make an application to the DEC after we come before you and we have to make an application to the Trustees, all of those applications will be made. So if I have a way to, if I can take a position I would sooner have the building envelope as it appears on the survey and then make my application to the Trustees and deal with their setback before that Board. MEMBER VILLA: They are looking down a loaded gun, so to speak, because you have already gotten' a variance from us. MR ANGEL: We haven' t gotten a variance ,from them though. MEMBER VILLA: No. I know. But it makes it more difficult. That' s why I was wondering if you could live within the existing setbacks without. requiring the variances. MR ANGEL: Well to be honest with you, I think that parcel one, there would be a diminution in value in the lot if we went to a 35 foot, if we went to the 75 foot setback. Parcel two is more, is. . . MEMBER VILLA: Yeah it' s 90 feet. MR ANGEL: Is a bigger area, we have more room to play with. Once you get down in this area, I don' t know if you. have visited the property Bob, you have, it' s magnificent property. MEMBER VILLA: Oh yeah. Page 12 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: I mean it' s one of the two nicest lots I 've seen since I 've been practicing on Long Island. In my opinion, the constriction of the building envelope in lot number, given by that additional 50 fedt, may make a substantial difference in value to the .parcel, because you are looking at a parcel that is going to appeal to somebody with means. MEMBER VILLA: Well you are talking about a deck or something, would they be at all adverse to restricting a major, you know a major building where you would require a foundation and everything else to the 75 foot. MR ANGEL: I haven' t laid it out but, it sounds, we certainly could look at that. The idea of the building envelope since nothing has been designed as yet, and we' re left with the condemnation facing us that assumes that you guys have done all this is to find out whether we do have the right to build on those lots, certainly that' s an important issue for us in facing the condemnation part. But you know, I mean I can' t, we haven' t analyzed that setback, but it seems to me that if the house is, if the foundation is sufficient enough- for a house and there is more room which could fit deck and other accessory structures could probably be easily livable. CHAIRMAN GOEHRINGER: Any other questions? MEMBER DINIZIO: Just as far as size is concerned of parcel one, what is the footage, the road frontage of the buildable lot? I . . MR ANGEL: What the what? MEMBER DINIZIO: The road frontage of the buildable parcel. There is no measurements on here so I really can't. CHAIRMAN GOEHRINGER: Yeah, they are Jim, it appears it' s a 298 + 146 + 99. MEMBER DINIZIO: No, no I'm talking about just this part. MEMBER VILLA: You' re talking about the envelope. MEMBER DINIZIO: Just right here. CHAIRMAN GOEHRINGER: Oh, the envelope. MR ANGEL: We could scale that off. It' s 140, 1 inch equals 40 or 1 inch equals 100. CHAIRMAN GOEHRINGER: 1 inch equals 100 . a - Page 13 - July 12 , 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: What does that look like Bob about 160, 175? n MEMBER VILLA: Probably more tl�en that about 180. MR ANGEL: Okay 180 . And the other one' s maybe 200. We have no expectation that there would be structures in that entire area. What we've chosen is a building area in which we can impose the structures. I don' t think there's any intention of developing a 24% coverage on this lot with impervious materials, you know we would, if you felt it necessary to limit the percentage of coverage to something less then that if it fit in this area we would have no objection to that. What we want is . . . MEMBER VILLA: That' s an area where you could put a house. MR ANGEL: An opportunity, yeah an area where we could put a house potentially a pool if they wanted it potentially a deck. Some area where we can locate those structures, that' s what we're looking for. CHAIRMAN GOEHRINGER: When you referred to the 16% of lot coverage, Mr. Angel, you are referring to lot number one. or lot number two? MR ANGEL: 16% is lot, the 160 lot coverage is the total building envelope shown on "A" for lot number one, given the reduced size of the lot. The 250, and it' s slightly more than that, it' s shown on the,map by the way, the computation, all these computations are oft that new map. You' ll see it on the side, it' s 24.7 and 16 .8' and it shows it Jerry on the right hand side. CHAIRMAN GOEHRINGER: Yeah. I see it now. I was still going back to the first map. MR ANGEL: If you use this . . . . By the time. Howey prepared this today he put on just about everything. The only thing we don' t have on is the flood zone, which I tried to read and is either A6 or B something. CHAIRMAN GOEHRINGER: We have a copy for you if you want it. MR ANGEL: I have a map too. But as you know, the flood zone questions are going to, they' ll have to be determined at a construction phase, if whatever the construction requirements of the particular zone we' re just going to have to move them. CHAIRMAN GOEHRINGER: Right. Does anybody else have any Awl Page 14 - July 12, 1991 Public Hearing Mary and Peter Blank Southold Z.B.A. CHAIRMAN, cont'd: further questions concerning this? Anybody in the audience like to speak concerning this application? Seeing no hands, Mr. Angel, I assume we' ll continue with the deliberations after this and any other further questions gentlemen? Okay. Hearing no further questions we thank. you for your presentation and I ' ll make a motion to close this portion of the hearing reserve decision until later. We' ll extend this hearing until Monday in receipt of information from the Planning Board concerning the subdivision in this area. MS KOWALSKI: Just a written part of the record. CHAIRMAN GOEHRINGER: Written portion. ALL IN FAVOR - AYE. Appl. No. : 4034 Applicant( s) : Anthony and Maria Mercorella Location of Property: 2260 Peconic Bay Blvd. , Laurel, NY County Tax Map No. : 1000-145-4-4 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of the plan, the placement of the building appears to be in the same position as it was in 1990, - the difference and the nature of this application appears to be the fact that we are now asking for a second story accessory dwelling for storage purposes. How-do, you do sir',;` would you kindly state your name. MR MERCORELLA: Mr. Goehringer, my name is Anthony Mercorella I'm the applicant. CHAIRMAN GOEHRINGER: How do you do? Is there anything you would like to state for the record Judge? MR MERCORELLA: Yes, we would rather put the preliminary plans together rather hardly after remodeling the which is located on the same piece of property and so that we did not consult at length with an architect. But this house, after having dispensed with certain sums of money to remodel it, leaves us short of any storage area. We have no basement because of the wetland situation, we have no attic space because of the height restrictions and we have a half acre of property and we do have a deck, we have considerable garden furniture and I do a lot of gardening and we need to store our gardening equipment and our garden furniture and other P.121 F7 � -- - - - - ---. ® -•-'-- -' CORRECTED CDPY 8/211. 7 '� ,��•. a Intro. Res. No. 1707-88 Laid on Table 7/12/88 w Introduced by Legi31ator ?niale RESOLUTION NO. - 1980, ADOPTING LOCAL LAW NO. YEAR 1988, A CHARTER LAW TO EXPANO THE DESIGNATION OF CRITICAL ENVIRONMENTAL AREA (PECONIC BAY) WHEREAS, there was duly presented and introduced to this Count-. ;. Legislature at a regular meeting held on , 1988, a pe0003e:• 10Ca_ _aw entitled, "A CHARTER LAW TO EXPAND THE DESIGNATION OF, CRITEZA EN IRONMENTAL .A.REA", and said local law in Final form is ttje _I_ rented 'X d _' at-rod1ced •.^.Jw, C^�=F'L�r%!r '-' lC , b * REgpLVETO, that said local law be enacted in final form as follows; LOCAL LAW NO. YEAR 1988, SUFFOLK COUNTY, NEW YOp.K A CHARTER LAW TO EXPAND THE DESIGNATION OF CRITICAL ENVIRONMENTAL AREA BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, a:follows: Section One. Legislative Intent. This ` Legislature hereby finds that the Pe Conic Bay and its immadi.at surrounding area contain natural resources requiring the most stringent steps t Protect them as integral components of Suffolk Co unty's unique environment fragile scenic beauty. This Legislature further finds and determines the following in connectio with-the nature of Peconic Bay and its immediate- surrounding area: 1. ) that its preservation will constituter a benefit to th - public health; 2.) that any development of portion$ of 'this land migh .� adversely affect the public or private drinking water supply an constitute a threat to the public safety, 3.) that the vegetation and fauna of this, land constitute natural setting providing a wildlife habitat and open sipacet 4!) t it is part of the County's heritage of Long Island an is of hist09M COOVeational, and educational gignificancej S.) that it contains aA inherent ecological, geographicn. hydrological sensitivity to change which could be adversely affects:: any change in the natural characteristics and integrity of the landscape vegetation, soil, or aquifer of this lands 6.} that it constitutes an important factor in the prolifecatio or perpetuation of wildlife, plant communities, open space, scenic vale•. ' purity of groundwater and surface water, wetland values, and/or watershr protection and 7. ) that it harbors or contains habitats for endangere threatened, or 'speeial concern" species, as identified by federal or K York State aauthorities# and/or rare species or rare-plant communities identified by the NOW York Utural Heritage Program, as being of state global significance. Therefore, the purpose of this law is to expand the designation sensitive land within the County of. Suffolk as a critical area of environment concern so as to ensure that any actions taking place wholly or partially witt Or substantially contiguous to such area will be considered as Type I attic under the NEW YORX STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA), and Local I 22-1985, thereby incrsasing the likelihood that environmental impact statemer will have to be prepared for projects and/or actions commenced therein. 'Section Two. Definitions. i A. Actions shol 1 means 1. ) ".�roa9cts or physical ;tivities, such es coRsGc ,=tL�R activities which change the Or ap pearance of any Ratu;z • resource or structure, which: ( 1) are directly undertaken by an agency; or (xi) involve funding by an agency; or require one or more permits from any agency agencies; 2. ) planning activities of an agency that commit 9 �' the ag_en cf r-) definite course of futura deeisLons; 3.. 1. agency rules, regula_xons, ?:ocedur_s, and ;.3_ - ar.d - 4. ) combinations of the above. 8. Capital Pro3eets commonly consist of a set of activities or star (e.g. planning, design, contracting, construction, and operation) . For to purposes of this law, the entire set of activities or steps can be considered 4 action. If it is determined that an environmental impact statement i necessary, only one draft and one final environmental impact statement neaA prepared on the action if the statements address each step at a level of do.. Sufficient for an adequate analysis of environmental effects. In the case of project or activity involving funding or a permit from an agency, the ent,_ project shall be considered an action, regardless of whether such funding permit relates to the project as a whole or to a portion or component of it. Section Three. Expansion of Critical Environmental Area. Section 37-7(A) of the SUF.FOLK COUNTY CHARTER is hereby amended by tt addition of a new subsection 9 to read as follows: $3 7-7 A . The following lands within the County of Suffolk, as mo particularly described below, are hereby designated as critice environmental areas pursuant to 6 NYCRR S617.4(j) . 9.) The ba s east of the mouth of the Peconic River to a Oic-ludinq sAgem Islandthw land beneath the ba s and al a: me a ® -Witallfeet 01 the ere ne o the bay- and/QC LtM Entaxies. Section lour. !>1xestions. This law shall not a" to the following actions: 1. ) replacement of a facility, in kind, on the same site unles such facility meets any of the threshold& in 6 NYCRR $617.121 2. ) ; the granting of individual setback and lot-line variances; 3.) agricultural farm Management practices includi construction, maintenance, and repair of farm huildings and structure and lsndduso changes consistent with generally accepted principles f arcing; 4. ) repaving, of existing highways not involving the addition new travel lanes] 5. ) street openings for the purpose of repair or maintenance existing utility facilities; 6. ) installation of traffic control devices on existing stree roads, and highways; 7. ) public or private forest-management practices other than removal of trees or the application of herbicides or ;pesticides) (Ilko a,Ci hIO. 71J1-68 • 8. ) construction or placement of minor st=ruatures accessory :)c • ' appurtenant to existing facilities including garages, c$cports, p3ti`�s. home swimming pools, fences, .barns, or other bulldinges not chanclinq lay use or density; 9. ) maintenance of existing landscaping or natural growtri; mapping ,OP ownership existing roads, Streets, highways uses, ant' patterns; l;. ) inspections and licensing activities relating to F_'.' aualifie.gtlonS oa ind,-viciaals or businesses to engage in theLr 1Ju5i;1;;; OC Jrofess:on; r, 12. ) Purchase or sale of Furnishings, equ]-Pnent, or suppi ie including surplus government property other than land, r,%iLoaotiv•_ :material, peseiCides, herbLcides, or other hazardous materials; 13.) routine or continuing agency administration and management not including new programs or major reordering of prioritises 14.) liCenSO, lease, and permit renewals where there will be n, material change in permit conditions or the scope of permitter activities? 15. ) routine activities of educational institutions which do nc Involve capital construction including school closings,, but not change is use related to such closings; 16. ) information collection including basic data collection an research, master plan study components, water quality and pollutio studies, traffic counts, engineering studies, boring studies, surveys and soil studies that are not a preliminary step towards any given Type projects and 17. ) minortemporary uses of land having negligible or n permanent effect on the environments 18. ) collective bargaining activitiest 19.) investments by or on behalf of agencies Or pension o retirement system,. or refinancing existing debts and 20.) the extension of utility distribution facilties to sery new or alter*& single or two-family residential structures, or to rende service in approved subdivisions. Section live. SEQRA Oe termination This Legislature hereby finds and determines that this law constitutes a unlisted action pursuant to S617.2(a) (b) of Title 6 of the 'NEW YORK COPE 0, RULES AND REGULATIONS (NYCRR) .and will not have a significant adverse impact the environment within the meaning of S"109(2) of the NEW YORY. ENVIROMENTA CONSERVATION LAW for the following reasons: 1.) the public health will be proa:oted and benefited by t eoatOmplated designations 2. ) areas that have inherent ecological, geological, hydrological sensitivities to change will be favorably atfecteds and 3. ) enactment of this law will not result in any changes in u or adverse Impact on the environment contemplated by S617.11 of the SEC regulations. Section 51x_ Co un_y_De,Eartinents ' All county departments, agencies, employees, officers, ofticia: L, contractors, and consultants shall fully cooperate with the Suffolk Cou,- Legislature upon the request of any legislator, the Esgisla6ture as a whole, any authorized agent thereof, in imPlaa»nting the provisions of this law. Section Sevens Ef factive Oa to Thi9 law shall take effect immediately upon filing in the office of t1- Secretary of State. This law shall also be filed with the Commissioner of tf�- New York State Department of Environmental Conservation with said lesignation to take affect thirty (30) days after such filing in accordance with 6 N'CC-Z' 5617.4(k) . ____ Underlining shall mean addition. OAT Er)- APPROVED BY: County E<acutive of Suffolk County Date of Approval; I i cmmTIIEU1 _ � J .�. vim_... .. .. •_ __ _• _� _� _• .� .. ��..I•-' l:;nr.�ltGyY Sxasp I(U7 ! 4 , . .�.. .s iS O J N D t,r... _ I .o Block I 1 '-�. .i._•;,,�`-' ;=:. �' �' Island Sound Gardiners ,: z' i •` s D' U T If D•-t D Bay \1 :1 l rr ..•.w ' 1'4Zh:i Little • "• Petonic b _ ' say 1' - �T _•tom' �_�- r _ W .. •• Great �' '••^ - Moptogvt boy t r. ,r y _Boy 't ",1•+ •+-• j: •� 1 t51 Ne III PT DN - - _ _—-.-_'- « a� .. �y L tar ,�.1.1 � '.r•M _ -r' ♦♦ ..� �' .��''�� . . _ `-V\. * ,t . p_i ', •V'.� Imo.M..\ !�J —\..+."'•�w • S_•0- `: _ ' l C C BAY ESTUARY t< S �nneto�! ! N�, ti ,, . BoY �� j ` :4J~" CRITICAL El�lYl� ��_ O �ITAL ZOhE D'aCK line 'represente N Five Eastern Towns 500' from Peconic Bay County of Suffolk,New York and tributaries `I . ` T i A C E' SUFK}LA ( PrcparrQ by:COUNTY4' LANNING UEPAEti'MENT 0 C E A N 1 Y+ 1 1 Town of Southold Column No. Bulk Schedule for Residential Districts [Added 1-10-89 by IL No 1.1989] -Jll v �i ix District � x xi A-C Residential Unit xii Minimum Requirements for 1-famil R 40 R-80 Where Communit dwellings Y detached R-120 R-200 R-400 Water Y 2-Family Detached Lot-site $D RR Rp and Sewer Dwellings square feet) Available %s in R-80 Lot-width-(feet)`—" 80,000 40,000 �-^� District Lot depth'(feet)— 175 80,000 120,000 02Co t root Y_acd_(fect_) 250 150 175 200 400,000 20,000 20,000 40,Side a 175 250 300 270 270 75 10,000 ';Ktyard(feet) 60 50 f-400-- 4� 75 150 160,000 s!de Yards(feet) 20 15 60 60 0 60 120 120 175 60 Rear yard(feet) 45 20 30 35 85 80 270 Livable floor area 35 50 45 60 30 15 50 g0 400 unit) (square feet per dwelling 850 850 75 85 ��� 60 30 30 15 15 60 850 850 100 35 85 50 30 30 Maximum 850 850 8502 30 60 �t�overa8 (— rCe��mensions: 8503 850 850 85 Building height(feet 20 20 850 Numher of stories 35 20 10 35 35 35 `85 5 25 25 NOTES: 2;� 2yz 2% 35 85 20 25 See text of chapter2% 2% 35 85 and Density 2% 2Y, 2% 2Y2 35 10 x Except one bedroom or studio 1n and Minimum Lot Size Schedules for 2% 35 dwellings. multiple dwelling may have six hundred(600)s districts. 2� Except one-bedroom or studio in (6�)square feet.Minimum floor area multiple dwelling may have six hundred may be reduced UP to two hundred (600)square feet. (200)for moderate-and/or lower-cost 2-25-89 i I � , i 1 J § 100-238 UTHOLD .CODE § 100-239.1 occupancy be issu a = respect to the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in proper operating condition and have been approved by all agencies having jurisdiction thereof. C§�1Q0- 32 9 Land under water; filled land. Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands.Nothing herein contained shall be construed to permit the filling or dredging of such land. For-the-purpo- se of ccomputing-density-for-the-development of-any�lot or lots,=no�land' cer-w ;ater unless--filled-pursuantto law,-shall-be included-in3 �undornputing-the-minimum-lot--area for-each-dwelling unit permitted under-t e-appropriate-zoning=distr-ict--in which-the property lies. `— § 100-239.1. Excavations. No excavation of any kind shall be permitted except in connection with the construction in thei same lot of a building for which a building permit has been duly issued. In the event that a building . operation is arrested prior to completion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permit, the premises shall be cleared of any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three(3)feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the,holder of the permit. 10123 Ps•89 � is �•_ :, , r 4 1 ui .� •Ri :la^ qr{?s<. .� a.. :r• 'S;!:�.:r=ti .c�. .r - ..r- - --..)- -ti' - _:ri:•o.;,' 't. �:._..'. • 'r�r�!� R-,, '�^.0 Y,t.!Ei ,.9et7,� .�,sr•.'.r$F�ut. �..Q- ''i ,`ttt w). ...s.�:;.�J 'n:�,'�.:_w •.xs':::�..-.. - ,,T,r."r' 'A�(�• .i t' -�L_ Y�, `'27 _ .> >s... - T: _ -11 -S 4 .;,7." .:r -r-:- ki�r�->••.,-. ,� cf a :>�" p '1. '0. •� A'S'..tr-' ^ci,'` t1i.''':F..• >,+1... _ _".y-%- `,'� \- .�': � lh �{. _ .u' l ek4 ..,? al 1 � - ,,' `f."+"[• �7;5.. 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Y•. �, F' :� pt i�' .,E,i-r,. r1 :�._ \ "u+a-L:'r7?' -i.-,f. 1. r,}'.,_.,�.iy la -p,NTr`:f� •fS ',- �r' � J w'� `o/ i- .��: ,tt. J7,-e ..i-a r�,v .,..5. :.i`•::r.Y.• r -:i�. ',( _ •t:, �4y.:1:�'Jr. , .t,: •11'_ APPEALS BOARD MEMBERS r�C ,, SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman : E < Charles Grigonis,Jr. , Z- �� _ Town Hall,53095 Main Road a Ser Doyen, a �- g Y Jr.. P.O.Box 1179 James Dinizio Jr. +� l Southold,New York 11971 •::., , Robert A.Villa `.y ' Fax(516)765-1823 Telephone(516)765-1809zzr Telephone(516)765-1800 BOARD OF APPEALS ag TOWN 4 SOUTHOLD q M TO: Town Clerk' s Office 'JUL l a �� FROM: ZBA ;;)outhoid Town Clerk DATE: July 16, 1991 7�Y 4 O 9 G SUBJECT: Peter and Mary Blank - Two Separate Parcels at Orient Appl. No. 4032 and ano. Please find attached a $500.00 check payable from Peter Blank, Jr. to your order which should be applied to the ,area variances applied for County Tax Map Parcel No. 1000-32-1-4 at Peter' s Neck Road, Orient. You will note that a $500. 00 check was previously received for County Tax Map Parcels No. 1000-32-1-2 and 4 as filed by John Wagner, Esq. At the time of filing this application, the map designated both parcels as one and some time later, proof was requested as to separability or merger. , In reviewing the data submitted on July 11, 1991, the lot area was greatly in excess of the zoning requirements from 1957 to 1962, and the lots have been held single. and separate ownership to date. It is requested that: l (a) the attached filing fee be applied to the northerly parcel referred to as 1000-32-1-4 ( 4.1 after DEC condemnation conveyance) and that a second appeal number be given, . and (b) if necessary, to note your records that the $500.00 previously received under Appeal No. 4032 be applied to the southerly parcel referred to as 1000-32-1-2 ( 2.1 after DEC condemnation conveyance) . Thank you. GG:lk APPEALS BOARD MEMBERS15,3;h SCOTT L.HARRIS y t '• Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. „ J Town Hall,53095 Main Road Serge Doyen,Jr. ZZ: P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone 516 765-1809 P ( ) p ( ) Telephone 516 765-1800 BOARD OF APPEALS TOWN 4 SOUTHOLD TO: Town Clerk' s office FROM: ZBA DATE: July 16, 1991 SUBJECT: Peter and Mary Blank - Two Separate Parcels at Orient Appl. No. : 4032 and ano. Please find attached a $500. 00 check payable from Peter Blank, Jr. to your order which should be applied to the area variances applied for County Tax Map Parcel No. 1000-32-1-4 at Peter' s Neck Road, Orient. You will note that a $500.00 check was previously received for County Tax Map Parcels No. 1000-32-1-2 and 4 as filed by John Wagner, Esq. At the time of filing this application, the map designated both parcels as one and some time later, proof was requested as to separability or merger. In reviewing the data submitted on July 11, 1991, the lot area was greatly in excess of the zoning requirements from 1957 to 1962, and the lots have been held single and separate ownership to date. It is requested that: (a) the attached filing fee be applied to the northerly parcel referred to as 1000-32-1-4 ( 4.1 after DEC condemnation conveyance) and that a second appeal number be given, and (b) if necessary, to note your records that the $500. 00 previously received under Appeal No. 4032 be applied to the southerly parcel referred to as 1000-32-1-2 ( 2.1 after DEC condemnation conveyance).. Thank you. GG:lk APPEALS BOARD MEMBERS ``'' '' SCOTT L.HARRIS Supervisor Jerard P.Goehringer,Chairman � Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. „ Robert A.Villa - Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 . : Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 1, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 Re: Appl. of Peter and Mary' Louise L. Blank.��®3 �� Dear Mr. Wagner: This will confirm that the subject application has been reviewed and the following are requested at this time: (a) Proof of notice to an adjoining landowner (New York State) at the address shown on the assessment records must be done immediately, particularly. since this matter has been advertised for a public . hearing to be held on July 12, 1991. Please provide us with an Affidavit of Mailing together with the postmarked certified receipt from the post office that the appropriate notification has been mailed. (b) a copy of an abstract of title from a reputable title insurance company certifying single-and-separate ownership of the subject lots, which should be submitted as soon as possible. (c) separate $500. 00 filing fee is necessary for the second lot since the two lots are not merged as originally believed. The $500. 00 fee paid to date will be applied to the lot situated ;,r:'�' south of the right-of-way. The additional filing fee will be applied to the lot situated north of the right-of-way. Please call our office if you have any questions. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN I TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Peter Blank and 1 (We) ..... vey..LquiSp...Rlank..........................of ..Peter... .Neck.Road M ........ ............................. Name of Appellant Street and Number Orient New aYork............HEREBY APPEAL TO .....................................Municipality...... State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.S.................................... DATED ...Mauch..2 9.=,,,19 AIM.................. WHEREBY THE BUILDING INSPECTOR DENIED TO Peter and Mary Louise Blank ------___............. ..:.............................................. --- Name of Applicant for permit of Peter ' s Neck Road Orient New York ................................ ... . . ............. ...........:........ .......,................. . .. ............................... Street and Number Municipality State ( ) PERMIT TO USE ( ..) PERMIT FOR OCCUPANCY (X ) PERMITS TO CONSTRUCT ONE-FAMILY DWELLINGS 1. LOCATION OF THE PROPERTY Peter's..Neck.Road.„Orient_,,,,..,_,.R.200,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Street /Hamlet Use District on Zoning Map District 1000 Section o3261ock 1 Lotp/O 2 1, Mary Louise L. Blank (Tax Lot 2) ..-...........»».....:.»..»»»._.._... ..»......».».....P1.LACurrent Owner Peter Blank (Tax Lot 4) Map No. Lot No. prior OWnerGeorge and Elizabeth E. Latham'(Tax ary Louise L. blanK (tax o L°t2) 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.) ArticleII--& III Section 100-23 & 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropri ate box) 0r_ A VARIANCE to the Zoning Ordinance or Zoning Map or in erpretatio (x ) A VARIANCE/due to ack of accesstote of New York Town law Chap.- 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) has not) een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas mode in Appeal No. ................................Dated ............................. ........................................ REASON FOR APPEAL or interpretation of ( x) A Variance to/Section 280A Subsection 3 (x ) A Variance to the Zoning Ordinance is requested for the reason that the two subject parcels, which are the portions of.Tax Lots 2 and 4 that remain in private ownership following appropriation of the balance of .Tax Lots 2 and 4 by the New York State Department of Environmental Conservation, are non-conforming as to the area and depth and possess no reasonable building envelopes under the Bulk Schedule for the R-200 district. In addition, a variance pursuant •to Town Law §2$0-a may be 'required before building permits can issue for the subject parcels . Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because . the lot area, depth, and setback requirements of the zoning code render the subject parcels unbuildable, and , in addition, the subject parcels may not meet the -,requirements of Town Law §280-a. 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 applicants are in the unusual position of having had the bulk of their properties appropriated by the New York- State " Department of Environmental Conservation, leaving the residues non-conforming with respect -to the requirements of the R-200 .district. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the appropriated portions of the subject parcels, as well as other parcels in the immediate area acquired by the New York State Department of Environmental Conservation, will, upon information and belief, be kept in their natural state and will not be built upon or otherwise developed. In addition, several other houses in the area, of the subject parcels have their access by means of P'eter ' s Neck Road , the proposed access to the subject parcels . STATE OF NEW YORK ) ss ... . . .� . ................................ COUNTY OF SUFFOLK ) voatu/rw John 21 Wagner , attorney for Peter Blank & Mary Louise Blank Swornto this .....a..................................... day of.Ma-.y...........................................:... 19 91 ('� ......�? �.: :- ..._.."............ Notary Public IYG:ary Public PATRICIA cif Ne No.4842572 ewYork Qualified in Suffolk County commission Expires Dec.3 J 7,rq j FORM NO.3 TOWN, OF SOUTHOLD BUILDING DEPARTINIENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. C - NOTICE OF DISAPPROVAL CL Date . . . . .\ . . . �.�, . . . . . ., 19 . . �� 29 PLEASE TAKE NOTICE that your application dated . . .. y . . . . . . . .. 19 .11L . for permit to .Q?t?� . . .1.,�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property C�z�1 . .�d. , 1� , ,}�„�„� a✓ . . . . - . 'House No. StreetHamlet County Tax Map No. 1000 Section . . .4 .. . . . . Block . . . .Q J . . . . . . Lot . .Q: . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No., . . . . . . . . . . . . . . . . . is returned herewith and.disapproved on the following grounds . . siz,;1, .2A C�" ot cx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q Building� Inspector. RV 1/80 FORM NO.3 t TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL n Date . . . . . 'i . . . �.�. . . . . . ., 19 � �.! . . To PLEASE TAKE NOTICE that your application dated . . . . �d- . . . . , , , ,�. . . , . . . . ., for permit told. .�. .' 'I—' . . . . . . . . . . . . . . . . . . . . . . at Location of Property . .1 ut. .�d, , .Q�� . House No. v Street Hamlet County Tax Map No. 1000 Section . . .4 B L . . . . Block . . . .CZ-1 .) . . . . . . Lot . .Q !,. . . . . . . . Subdivision . Filed Map No. . . . . Lot No. . . . . . . . . . . . . . . . . . is�returned Herewith and disapproved on the following grounds . .�iShc . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . OLL Building� Inspector. RV 1/80 APPEALS BOARD MEMBERS '' _..' r SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. -- Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. Robert A.Villa Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 1, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 Re: Appl. of Peter and Mary Louise L. Blank Dear Mr. Wagner: This will confirm that the subject application has been reviewed and the following are requested at this time: (a) Proof of notice to an adjoining landowner. (New York State) at the address shown on the assessment records must be done immediately, particularly since this matter has been advertised for a public hearing to be held on July 12, 1991. Please provide us with an Affidavit of Mailing together with the postmarked certified receipt from the post office that the appropriate notification has been mailed. (b) a copy of an abstract of title from a reputable title insurance company certifying single-and-separate ownership of the subject lots, which should be submitted as soon as possible. (c) separate $500.00 filing fee is necessary for the second lot since the two lots are not merged as originally believed. The $500. 00 fee paid to date will be applied to the lot situated south of the right-of-way. The additional filing fee will be applied to the lot situated north of the right-of-way. Please call our office if you have any questions. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN OCL 106 EAST Mao% Svotcv P.0. a0z 275 ' � r a `{ R1vcw►1cAo. N.Y, ii9oi `WILLIAM W. ESSEKS 451613459-1700' WAT[w MILtOerlcc �MARCIA Z. H EFTER MONTAUK HIGHWAY - �b' STEPHEN R.ANGEL "` ` TCLEX•ENCA 68323IS UW-' '' P.o.BOX 570 KLccOPIcw NUMeFw 1516)369.2065 a; `WATcw MILL,N.Y. 11976 4 :JANEANN R. KRATZ (516) 7266633 •, �.:`�.t..J0HN M.WAGNERy t1 g °r ,*WILLIAM POWER MALONEY q}'k, THOMAS F.WHELAN .ya r 4 ` f� it U,r! ,4 +June 7 19 91 �•�•• '_• O 1991 ' i, rt ;f Tt s + y } Town of Southold ' ^rZoning Board of Appeals y Town Ha11, "53095 Main Road outhold New York 11971 ` Attention Ms. Linda Kowalski K �,,+'P i r. 1 1 '! F,f.`-' ,"`'• . .r .. ^.1 { fY��r` 4t{ t>�3 yt., .'Application for Variances/Interpretations of Peter and � �,,���� aax Mary Louise L. Blank ",JM� v 7 t s '�i ' �. .�r ;t I, ?r����. Cr �Y'� YI=¢av°l r �- sr xk' x' 7, Dear Ms.' Kowalski: enclose herewith in connection with the above-referenced3= irk , }yy� fr�4Z' a application, four (4) prints of a,'`revised. survey showing the '..: V, f proposed building envelopes for construction of single-family *'residences and accessory structures on the subject arcels `'These per Y J P ^ ;`,surveys, which were last revised June 4, 1991, also indicate the x� � rRtpercentages of the two 'subject parcels .that are covered by the proposed building envelopes k' A„y�d' ry.``srtt •, r', > t �.� =kI Based upon the enclosed surveys, ' I. respectfully amend the+'subject application to request additional, ar ance f b t c )vera�ge" ; FAR requirements for pa ee]s 1 and2 to allow `max"imum o , coverages of r and 24 ?$;""respectively. these variances are necessary to permitr'easo'riable building envelopes on the subject parcels, as proposed. It should be noted that, although variances are sought for lot .. - . coverages of parcels 1 and 2 of 16. 8% and 24. 7%, respectively, the : _actual coverage of the lots after construction will likely be substantially less than the percentages given, as all. ar.eas ,of�the Sroposed building envelope are not likely to .be _built upon. `. spy �. }. .-. "ht_.�,.,nr ..,�,��y_J�7,. _.--:.._t,4�': r�..se,.-.,•�.s�.s_t_ si.....aes:w+��_....... _,...st ..!�.:._...._.. -. a::_r,r....L: Y:'r+rn _ Very truly yours, 'John M. Wagner .Y J t z f JMW:pi f F T f Enos• - l r t {.. ire ; y t 3y Y' }i• ii Peter' s Neck Road Orient, • New York 11957 March 29, 1991 Zoning Board of Appeals, Town. of Southold c/o Town Hall 53095 Main Road Southold, NY 11971 Re: Property owned by Peter Blank and Mary Louise Blank - Peter's Neck Road, Orient, Southold, New York Dear Chairman and Members of the Zoning Board of Appeals: Please be advised that the law firm of Esseks, Hefter & Angel has been designated by us as our agent to make application for variances, interpretations and other relief given by the Zoning Board of Appeals on the above-described property. They have authority to file the aforementioned variances, etc. in this connection on our behalf. Please be further advised that any partner or associate of the law firm of Esseks, Hefter & Angel is authorized to execute documents in connection with the aforementioned variances, etc. Very truly yours, MARY LO TSE BLANK PETER BLANK questing approvals of the reduced lot STATE OF NEW YORK) ��- - - - I �—"—�'--- - area and depth of Parcels 1 and 2, f ) which nonconformities remain in pri- �' i of vate ownership following ap- COUNTY OF SUFFOLK) ! propriation of the total balance of 41 land after acquisition by the N.Y.S. /. f � r� ,- of Nlattituek in Department of Environmental Con- /(,"� I �= f , servation,and requesting approval of the proposed building area for place- said County,being duly sworn,says that a/she Is Principal ment of principal dwelling structure Clerk" of THE SUFFOLK TIMES, a Weekly Newspaper, with related accessory building(s), j having insufficient setbacks in the published at Mattltuek, in the Town of Southold, County of front yard,rear yard and lot coverage Suffolk and State of New York,and that the Notice of which in excess of the five (5%)percent - limit,and(b)under New York Town the annexed is a printed copy,has been regularly published in Law,Section 280-a,interpreting non- said Newspaper once each week for weeks jurisdiction or otherwise determining access approval. Location of Proper- successively, commencing on the r day of ty:Along Peter's Neck Road,extend- NOTICE OF HEARINGS ing approximately 2900 feet south of NOTICE IS HEREBY GIVEN, King Street, Hamlet of Orient,Town rsuant to Section 267 of the Town of Southold,NY; County Tax Map r ,lv and the Code of the Town of Parcel Nos. 1000-32-1- art of 2 and 1' uthold,the followingmatters will also Lot 3(ROW). (R ) P held for public hearings before the 8:00 p.m. Appl. No. 403 G )UTHOLD TOWN BOARD OF ANTHONY AND MARIA MER- Principal Clerk ?PEALS at the Southold Town CORELLA. Request for variance to 11, 53095 Main Road, Southold, the Zoning Ordinance, Article III, - ,' 11971, on FRIDAY,JULY 12, Section 100-33 for permission to 91,commencing at the time speci- amend previous variance application d below: and decision rendered July 11, 1990 {' 7:30 p.m. Appl. No. 4033 — under Appl. No. 3944 in order to Sworn to before me this NDI LACALAMTTA.Request for locate two-car garage building,with i dance to the Zoning Ordinance, partial enlargement for a second floor day of /,il`} A ticle III,Section 100-33 for ap- with windows,and other structural 't1 :)val of carport in the front yard modifications as shown on a new con- i .liar 1 ; fa with reduced setbacks from the tucti plan (including plumbing ,n[and side property lines.Location facilities for a half bath),in an area Property: 1395 Henry's Lane, other than the required rear yard. conic,NY; County Tax Map No. Location of Property:.2260 Peconic" 00-74-01-10. Bay Boulevard, Laurel,NY; also — -- 7:35 p.m. Appl. No. 4028 — known as Lot 19 on the Map of Edge- .CHARD OLIVERI. Request for mere Park; County Tax Map No. fiance to the Zoning Ordinance, 1000-145-4-4. ticle III,Section 100-32 for per- 8:05 p.m.Appl.No.4035—MR. .ssion to locate new principal AND MRS. EUGENE CROAS- elling structure with insufficient DALE.Request for a.variance to the _r yard and side yard setbacks. Zoning Ordinance,Article MA,Sec- -ne District: R-80. Location of tion 100-30A.3 to permit addition to )perty:Westerly Side of Crescent dwelling with insufficient front and "enue,Fishers Island,NY; County side yard setbacks.Premises is non- e Map No. 1000-M-06-205,con- conforming as to lot area and width; Wing 2+acres. the subject dwelling as exists is 7:45 p.m. Appl. No. 4036 — nonconforming as to the front and ,LEN BRAUNSTEIN.Request for total side yard setbacks in this R-40 zance to the Zoning Ordinance, Zone District. Location of Property: ticle IIIA,Section 100-30.A3 to 595 North Parish Drive,Southold, ;stmct addition to dwelling with a NY;County Tax Map No. 1000-71-1- Mced rear yard setback on this cor- 6,containing 28,250 sq.ft.in total lot.Lot area is nonconforming in area. _ s R-40 Zone District.Location of 8:10 p.m. Appl. No. 4024 — �perty:Comer of Wendy Drive and RONALD STRTTZLER,M.D.Re- conic Bay Boulevard,Laurel,NY; quest for variance to the Zoning Ordi- :unty Tax Map No. 1000-128-5-7. nance,Article III,Section 100-33 for so referred to as Lot'A"on the permission to locate accessory tennis p of Rollingwood Estates. court structure in an area other than 7:50 p.m. Appl. No. 4032 — the required rear yard on this 4.9t { g ARY AND PETER BLANK. acre parcel..,Location of Property: )peal: (a)under Article II,Section 3055 Soundview.Avenue,Mattituck, 0-23, Article III, Section 100-32 NY;County Tax Map No. 1000-94-1- d Bulk Schedule,Column"v,"re- 14.(Recessed from June 7,1991) 8:15 p.m.Appl No.4037.—JOHN AND RICHARD ZEISLER.Request for variance to the Zoning Ordinance,Article IIIA,Sec- tion 100-30A.4(100-33)for permission to locate accessory two-car garage stmcture in an area other than the required rear yard at 700 Jackson's Landing Road,Mattituck, - NY;Lox area is nonconforming in this R-40 Zone District;Map of Jackson's Landing, Lot#7,filed in the Suffolk County Clerk's Office as Map#5280; also identified as County Tax Map#1000-113-4-9. The Board of Appeals will at said time and place hear any and all persons or repre- sentatives.desiring to be heard in the above matters.Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before. the times designated above. For more �T-- information,please call 765-1809. Dated:June 24,1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P.GOEHRINGER CHAIRMAN M7nQQ_iT127 By Linda Kowalski z COUNTY OF SUFFOLK ss: STATE OF N E W Y 0 R K Patricia Wood,* being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice tice of which the annexed is I printed copy, 11.15 been 11LIbIiShCd in said Long Island Traveler-WaLchniall If once each week for. . . . . .. . . . . .. . . . . . . . . .l. . . weeks LL 5LICCCSSiVC1y,COMI)ICIlCillg On the . . ... . . .. . . . . . ... . day of. .. . ... 19 . . . . . . . .. . . . . . . . . . .. ... . . . .. . . . . .. .. Sworn to before tile this.. ... . . . .. ;;1,.2. . . .. . . day of . . . . . . .. . . . . 19. . .... . . . . . . .. . . . . .. Notary Public BARBARA A.SCHNEIDER NOTARY PUBLIC,St?te of New York NOTICE OF HEARINGS appropriation of the total 8:10 p.m. Appl.'-No. 4024 balance of land after acquisition RONALD STRITZLER,M.D. NOTICE IS HEREBY GIV- by the N.Y.S.Department of En- Request for variance to the Zon- EN,pursuant to Section 267 of vironmental Conservation,and ing Ordinance,Article III,Sec- The Town Law and the Code of requesting approval of the pro- tion 100-33 for permission to the Town of Southold, the posed building area for place- locate accessory tennis court following matters will be held ment of principal dwelling struc- structure in an area other than for public hearings before the ture with related accessory the required rear yard on this SOUTHOLD TOWN BOARD building(s),having insufficient 4.9+-acre parcel.Location of OF APPEALS at the Southold setbacks in the front yard,rear Property: 3055 Soundview Town Hall,53095 Main Road' yard and lot coverage in excess Avenue,Mattituck,NY,Coun Southold, NY 11971, on FRlJ of the five(501b)percent limit, ty Tax Map No. 1000-94-1-14- . DAY,JULY 12 1991,commen- and(b)under New York Town 1 I (Recessed from June 7, 199 cing at the times specified Law,Section 280-a,interpreting 8:15 p.m. Appl. No. below: non-jurisdiction or otherwise .4037- 7:30 p.m. Appl. No. 4033- determining access approval. JOHN AND RICHARD Location of Property: Along ZEISLER.Request for variance RANDI LACALAMITA. Re- to the Zoning Ordinance,Arti- i quest for variance to the Zoning Peter's Neck Road, extending cle IIIA, Section 100-30A.4 I Ordinance,Article III,Section approximately 2900 feet south 1 (100-33)for permission to locate 100-33 for approval of carport of King Street, Hamlet of accessory two-car garage struc- in the front yard area with Orient,Town of Southold,NY, ture in an area other than the re- reduced setbacks from the front— L County Tax Map Parcel Nos. quired rear 'yard at 700 1000-32-1-part of 2 and 4;also Jackson's Landing Road,Mat- and side property lines. Loca- Lot 3(ROW). Mat- tion of Property:1395 Henry's 8:00 p.m. Appl. No. 4034- tituck,NY,Lot area is noncon- Lane,Peconic,NY;County Tax ANTHONY AND MARIA forming in this R-40 Zone. District;Map of Jackson's Lan- Map No. 1000-74-01-10. MERCORELLA. Request for ding,Lot No.7,filed in the Still, 7:35 p.m. Appl. No. 4028- variance to the Zoning or- RICHARD OLIVERL Request folk County Clerk's Office as for variance to, dinance, Article III, Section Map No.5280;also identified .1he Zoning Or- 100-33 for permission to amend County Tax Map N dinance, Article III, Section previous various application and 1000-113-4-9. 0- 6b 100-32 for permission to locate decision rendered July 11,1990 new principal dwelling structure under Appl.No.3944 in order The Board of Appeals will at I with insufficient rear and and to locate two-car garage said time and place hear any and side yard setbacks. Zone all persons or representatives building, with Written comments may District:R-80.Location of Pro desiring to be heard in the above perty:Westerly side of Crescent It partial enlarge- matters. ment for a second floor with also be submitted prior to the Avenue, Fishers Island, NY, windows, and other structural u conclusion of the subject hear County Tax Map No, modifications as shown on a ing.Each hearing will not start 1000-006-06-20.5, containing new construction plan (in- before the times designated 2+ acres. eluding plumbing facilities for a I above. For more information, 7:45'p.m. half bath),in an area other than j please call 765-1809. ELLEN BRAUNSTEIN. Re- the required rear yard.Location j Dated:June 24, 1991. quest for variance to the Zoning of Property:2260 Peconic Bay BY ORDER OF THE Ordinance,Articli;IIIA,Section Boulevard, Laurel, NY, also SOUTHOLD TOWN 100-30.A3 to construct addition known as Lot 19 on the Map Of BOARD OF APPEALS to dwelling with a reduced rear-. Edgemere Park; County Tax I GERARD P.GOEHRINGER yard setback on this corner lot. Map No. 1000-145-4-4. CHAIRMAN Lot area is nonconforming in 8:05 p.m. Appl. No. 4035- By:Linda Kowalski this R-40 Zone District. Loca- MR. AND MRS EUGENE IX-6/27/91(90) tion of Property: Corner of CROASDALE. Request for a Wendy Drive and Peconic Bay variance to the Zoning Or- Boulevard,Laurel,NY,County dinance, Article IIIA, Section Tax Map No.1000-128-5-7.Also I 100-30A.3 to permit addition to referred to as Lot"A!'on the dwelling with insufficient front Map of Rollingwood Estates. and side Yard setbacks.Premises 7:11 p.m is nonconforming as to lot area./IV. MARY AN�Appl. No. 4032 PETER BLANK. and width;the subject dwelling Appeal: (a) under Article 11, 1 as exists is nonconforming as to Section 100-23,Article 111,Seem the front and total side yard set- tion 100-32 and Bulk Schedule, backs in this R-40 Zone District. Column "V' requesting ap- Location of Property: 595 '0 3 2- 'NK' Sec- ule, ap- r provals of the reduced lot area North Parish Drive,Southold, i County and depth of Parcels I and 2, NY, Court Tax Map No. which nonconformities remain 1000-71-1-6, containing 28,250 in private ownership following sq.ft.in total area. IV Tr*m� L L6�z SCOTT L.RABBIS APPEALS BOARD MEMBERS - ,�, Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. � ^s }r Town Hall,53095 Main Road Serge Doyen,Jr. T 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 Tel (516)765-1800 TO WHOM IT MAY' CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the 'Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the . same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible) . Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of the Legal Notice for Hearings to be held 7/12/91 were sent to the following on 6/26/91 except as noted: Times-Review. (delivered 6/24/91) Long Island Traveler-Watchman, Inc. (delivered 6/25/91) ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 6/24/91 Ms. Randi Lacalamita 1395 Henry' s Lane Peconic, NY 11958 Mr. Paul Reich P.O. Box 384 Peconic, NY 11958 Stephen L. Ham III, Esq. (for Oliveri) 45 Hampton Road Southampton, NY 11968 Steve Latham, Esq. (Re: Oliveri) Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 Mr. Norman Reilly, Jr. A. Reilly & Sons, Inc. P.O. Box 98 Mattituck, NY 11952 John M. Wagner, Esq. 108 East Main Street P.O. Box 279 . Riverhead, NY '11901 Tech Associates 3900 Veterans Memorial Highway Bohemia, NY 11716 Mr. and Mrs. Anthony J. Mercorella 2260 Great Peconic Bay Boulevard Laurel,_ NY 11948 Mr. Garrett A. Strang, R..A. P.O. Box 1412 Southold, NY 11971 Ronald Stritzler, M.D. 51 Stirrup Lane Roslyn Heights, NY 11577 APPEALS BOARD MEMBERS SCOTT L.HARRIS ' Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Serge Doyen,Jr. Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. Robert A.Villa Southold,New York 11971 Fax.(516)765-1823 Telephone(516)765-1809 t Telephone(516)765-1800 >;J BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971; on FRIDAY, JULY -12, 1991, commencing at the times specified below: . 7:30 p.m. Appl. No. 4033 - RANDI LACALAMITA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for approval of carport in the front yard area with reduced setbacks from the front and side property lines. Location of Property: 1395 Henry's Lane, Peconic, NY; - County Tax Map No. - 1000-74-01-10. 7:35 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear yard and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent -Avenue, Fishers Island, NY; County Tax Map. No. .1000-006-06-20:5, containing 2+ acres. Page 2 - Legal Notice Regular Meeting of July 12, 1991 Southold Town Board of Appeals 7:45 p.m. Appl. No. 4036 - ELLEN BRAUNSTEIN. Request for variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to construct addition to dwelling with a reduced rear yard setback on this corner lot. Lot area is nonconforming in this R-40 Zone District. Location of Property: Corner .of Wendy Drive and Peconic Bay Boulevard, Laurel, NY; County Tax Map No. 1000-128-5-7. Also referred to as Lot "A" on the Map of Rollingwood Estates. 7:50 p.m. Appl. No. 4032 - MARY AND PETER BLANK. Appeal: (a) under Article II, Section 100-23, Article III, Section 100-32 and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remain in private ownership following appropriation .of the 'total balance of land after acquisition by the. N.Y.S. Department of Environmental- Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s) , having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five ( 50) percent limit, and (b) under New York Town Law, Section 280-a, interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter' s Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 -and 4; also Lot 3 (ROW) . Page 3 - Legal Notices Regular Meeting of July 12, 1991 Southold Town Board of Appeals 8:00 p.m. Appl. No. 4034 - ANTHONY AND MARIA MERCORELLA. Request for variance to the Zoning Ordinance, Article III , Section 100-33 for permission to amend p previous variance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with partial enlargement for a second floor with windows, and other structural modifications as shown on a new construction plan (including plumbing facilities for a half bath) , in an area other than the required rear yard. Location of Property: 2260 Peconic Bay Boulevard, Laurel, NY; also known as Lot 19 on the Map of Edgemere Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. Appl. No. 4035 - MR. AND MRS. EUGENE CROASDALE. Request for a variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 to permit addition to dwelling with insufficient front and side yard setbacks. Premises is nonconforming as to lot area and width; the subject dwelling as exists is nonconforming .as to the front and total side yard setbacks in this R-40 Zone District. Location of Property: 595 North Parish Drive, Southold, NY; County Tax Map No. 1000-71-1-6, containing 28,250 sq. ft. 'in total area. 8:10 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory -tennis court structure in an area other than the required rear yard on this 4. 9+- acre Page 4 - Legal Notice- Regular Meeting of July 12, 1991 Southold Town Board of Appeals parcel. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. .(Recessed from June 7, 1991) 8 :15 p.m. Appl. No. 4036- - JOHN AND RICHARD ZEISLER. Request for variance to the Zoning, Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory two-car garage structure in an area other than the required rear yard at 700 Jackson' s Landing Road, Mattituck, NY; Lot area is nonconforming in this R-40 Zone District; Map of Jackson's Landing, Lot #7, filed in the Suffolk County Clerk' s Office as Map #5280; also identified as County Tax Map #1000-113=4-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to 'be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: June 24, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 6/24/91' L.I . Traveler-Watchman For Publication o APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman y��. ���' 1 Charles Grigonis, Jr.' Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Southold, New York 11971 James Dinizio,,Jr. BOARD OF APPEALS Fax (516) 765-1823 A. Vi Robert A. Vi l.la TOWN OF SOUTHOLD Telephone (516) 765-1800 Telephone (516) 765-1809 p July 12 , 1991 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 4032-b Project/Applicants: Mary Louise Blank County Tax Map No. 1000- 3-2-1 -2 . 1 Location of Project: Peter ' s Neck Road , Orient , NY Relief Requested/Jurisdiction Before This. Board in this Project: Area variances and 280-A interpretation 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 444-4 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 .233 . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me ,14-16•4(2/871—Text 12 ' PROJECT I.D.NUMBER 617.21 'L SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Peter Blank & Mary Louise Blank Blank Variance Application 3. PROJECT LOCATION: Municipality Orient, Town of Southold County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Neck Peter's/.Road, Orient, Southold Town 5. IS PROPOSED ACTION: New ❑Exoanslon ❑Madificatlon/alteration 6. DESCRIBE PROJECT BRIEFLY: Obtain necessary variances to permit construction.of single-family residences on two vacant parcels. 7. AMOUNT OF LAND AFFECTED: Initially: Tax Parcel 2: 1.7478; Tax Parcel 4: 1.6461 acres Initially acres Ultimately same acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes i]No If No,describe briefly Lot area, lot- depth, and setback variances required. Variance or interpretatiop of Town Law §28.0-a required. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 10 Residential ❑Industrial Commercial ❑Agriculture x Describe. A g Q Park/Forest/Open space ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)? I7 Yes ❑No If yes,list agency(s)and permitlapprovals New York State Dept. of Environmental Conservation - Tidal Wetlands Southold Town Trustees - Wetlands 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ONO If yea,list agency name and permittapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ONO n/a CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: John. M. Wagner , attorney. for Peter Blank 2�1) & Mary Louise Blank oats: Signature: If the action is in the Coastal Area, and.you are a state agency, complete the _ Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N-Y-S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this 1)oard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) in order to answer the questions in this short EAF , that the preparer will use currentl it is assumed project and the likely impacts of theaaction. Itfismation not expectedning thatthe additional studies, research or other investigations will be undertaken. (b). If any question has been answered Yes the project may be si nificant and completed Environmental Assessment Form is necessary. g- (c) If all questions have been answered No it is likely that th project is not significant. e (d) Environmental Assessment 1, Will project result in a large physical change ,to the project site or physically alter more than 10 acres of land? Yes X NO ' 2. Will there be a major change to any unique or unusual land form on the site? �• __Yes X _ No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large- impact on groundwater quality? X _Yes No 5. Will project significantly effect drainage flow on adjacent sites? X Yes No 6. Will project affect any threatened or endangered plant or animal species? X Yes No 7. Will project result in a major adverse effect on air quality? —Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No i 9- Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? Yes X No 10. Will project have a major effect on existing or future recreational opportunities? X _ Yes No 11- Will project result in major traffic problems or cause a major effect to existing transportation systems? X . Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance Y as a result of the project's operation? X es �No 13. Will project have any impact on public health or safety? Yes X No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Period or have a major negative effect on the —Yes X No character of the community or neighborhood? IS. Is there public controversy concerning the project? - Preparer's Signature: 7—Yes X No Representing: peter Blank & Mar Lou se Blank ZBA V/75 Date: .r �3/� QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Peter Blank Owner of Tax Lot 4 Mary Louise Blank Owner of Tax Lot 2 B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes - {x ) No. (If ,Yes, please attach -copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contou s? { } Yes {x} No , except to the extent such changes are eventually required for construction of residential structures. D. 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this application? YpG 3 . Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Such contact to be made.prior to hearing on this application. E. . Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds-Peter's Poad,Orient - Tax Parcel No. 1000-032.00-01.00-007.000 I. Please list present use or operations conducted at this parcel vacant and proposed use single-family residential Xifth6rizdd Sign ure and Date John 11. Wagner, attorney for Peter :Blank and Mary Louise Blank 3/87, 10/901k Sundard N,Y.B.T,U. Form gb Bargain and Sale Deed,without Covenants against Grates—Individual or corporation. (single+heal) no 6ONSULT Y©Uk LAWYER 09I:OR9 SIGNING THIS INSTRUMENT-THIS 1.NSTRUMENT SHOULD 92 USttD DY LAWYERS ONLY �' 1 jI✓a "I' E� day , nineteen hundred and ei > t nine HIS INDENTURE,made the da of November f� Y— BETWEEN Mary—Louise L. Blank, residing at Nod` Peter's Neck Lane, 0„riotit, Now York 1.1957 party of the first part, and ' Peter Blank, residing at No# Peter's Neck Lane, Orient, New York 11957 party of the second part, .. WIT1aiESS1ETFI, that the party of the first part, in consideration of ten dollars and other valuable consideration °a+•t.�;�� paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, JAN 2 1990 ALL that certain plpt;,-piece or parcel of land, with the buildings and improvements thereon erected, situate. -ing7idb6Dgdtldx at Orient,, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: )IST : BEGINNING at a; conerete monument set on the easterly line of a certain 33-foot 0 0 0 Private Road at the southwesterly corner of land of•Frances E. Douglass and g�.•..:.,._ ._.. . .._ runpi.ng thencei along said land of Frances. E. Douglass, N. 71 degrees 56' 00" )32 . 00 •.-370 feet more or less to Pete Neck Creek; thence along the shore of Pete Neck Creek, southerly and then westerly about 930 feet to the easterly line of a certain 25—foot Private Road; thence along said 25—foot Private Road SLK. : three courses 4s follows: '(1) N. 14 degrees. 42' 20" W.-295 feet more or less, )1 . 00 thence (2) N. 27 degrees 11' 2011 W.-146.02 feet; thence (3) N. 53 degrees 12' 20" jW.-99.56 feet to said certain 33-foot Private Road; thence along said 10T : 33-Foot Private Road N. 8 degrees 04' 00". W.-30.0'Ifeet, to the point of )04 . 000 BEGINNING. TOGETHER with A right of way over said Private Road northwesterly about 2900 .feet to King Street. TOGETHER with all the right, title and interest of the parties• of the first part of, in and to they land under water in Pete Neck Creek, lying contiguous to said premises. c„ �y yTAX ,;per ! (i�r+IV�i O? Sljl`,�{��f� its y !tom. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all 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 the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration foe..this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first;to the payment of the cost of the improvement before using any part of the total of the samejor spy other purpose. w4 The woad "party" shall-be conlrued as if it read "parties"whenever the sense of this indenture so requires. IN WITNESS WHERE®# the party of the first part has duly.executed this deed the day and year first above written.' j 7 IN PRESENCE OF: j i MARY-LOU SE L. BLANK t: 991P' `� n59 k �p?Q'OF MEW'YORK. COUNTY OF SUE,�;;j{ . SS:' STATE OF NEW YOfi - `OURITY OF SS: pn the Ii day of November, 19 89 ,before me On the 'day of 19 ,before me personally came personally came MARY—LOUISE L. BLANK to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that She executed the sa e. executed the same. N?TAR1f PUBLIC STEPNEN R.ANGEL Notary Public,State of New Yo.k No.480374 i3 Qualified in Suffolk County Commission Expires Septomber 30,1990 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS: On the day of 19 before me On the day of 19 ;before me personally came personally,came to me known, who; being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who,.being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described i in and which executed the foregoing instrument; that ' he to be the individual ` ..'knows. the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora-. execute the same;and that he,said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h. name'as witness thereto. tt� yin ��r Verb SECTION 032 . 00 WITHOUT COVENANT AGAINST GRANTORr s ACTs TITLE NO. BLOCK 0.1 . 00 LOT 004 . 000 MANY—LOUISE L. BLANK . , i COUNTY OR rowN SUI'F'OLK TO PET);R BLANK Recorded at Request of CHICAGO TITLE INSURANCE COMPANY STANORRO FORM OF NEW YORK DOARO OF TITLE UNDERWRITERS Return by Mail to Distributed by ESSEKS, HEFTER 0 ANGEL ATsVIIMARUCS£ COMPANY P. O. BOX E RIVERHEAD, NEW YORK 11901 Lu z of U. i C1.c-F�� ?; ..,0i�,,1 ,a In ui W W , W .'*A �..-.........�r...r+ar-.+r�...-..w..w.r�.s�wi!N+vi.�+.r......r....�...,......-......,......�..._..r.��aaws......nmar.r..........,..-......n-,... 4 J 69 1—Statutory Form,Bftmuln and Sal.' — ► 1 X U U9 OLUMUCRO,INC.,LAfq nLANK PUnL181/CR9 y.�nant agalnst(lruulLor, ual Plwtostnt Rucordinl,,. ' jXCHANor PLAes AT OI oAoWAY, NCw YonK `111S INI)I;N•i'UIiF., rondo tl (lay ninotecu hundred and OiXty—two, BETWEEN GEORGE LATHAM is a/k/a GEORGE R. LATHAM, and ELIZABETH E. LATIIAM, his wife, as to her dower interests, 'both residing at (no number) Bacon Road, Old Westbury, New York, part 10 a of the first part,and MARY-LOUISE L. BLANK, residing at • (no number) Meadow zi-ze, Old Uentbury, Now York, party 'of the second part, WITNESSETII, that the partiea of the first,part, in consideration of 1 TEITAand_::no/1 0..,,00). — — — — — — — — — — — — — — — -- —. — — — — Dollars, { lawful•money of the United States, and other valuable consideration's paid by the part y of the second part do hereby grant and release unto the part y of the second part, her heirs and assigns, forever, AI.JLthat certain piece or parcel of land, situate at Orient, Town of Southold', 'County. of Suffolk and State of New York, bounded- and described as follows: BEGINNING at a concrete monument set at the southerly terminus of the west- erly line of a certain 33 -foot Private Road, being the southeasterly corner of .land of Frances E. Douglass; running thence on the extension northeaster ly of the southerly line of said land of Frames E . Douglass, N. S90 218 50t1 E.-S.66 feet to the northerly terminus of,, the westerly line of a certait 25.-foot Pr1irate Road; thence along said 25"foot Private Road thtee courses as follows: (1) S.. 530 121 2011 E.:.104. 17 feet; thence (2) S. 270 111 2011 E. 137.51 feet; thence (3) S. 140 42 t . '201t E.-317.39 feet to the center of an inlet leading. from Pete Neck Creek to a certain Salt pond; thence along lan of George R. Latham, Jr. ,- two courses as follows: (1) Southwesterly and the 1y northwesterly, al; g,„the„ center .of said inlet• 200, feet more or. lees; thence .� .. (2 ) S; 3�0 291 ':10""''W".'2"'."feet more or lose to the. ordinary high water- mark of Orient Bay; the:noo .northwesterly along said . ordinary high'waterj,jnatk-'840 feet more or leas to land. conveyed or to be conveyed by the party:`of tYie first part to Margaret L. Strac}an; thence along lant.-mentioned land, N. '.,51 371 50 E.-460 feet .more or 'less to said land of Frances. E. .Dou�lags; thenc along said land of Frances E. Dou lass. two courses as follows: 1) S. 630':: 368 2011 E..-272.63 feet ; thence (21 N. 590 '211 5011 E.-57. 03 feet to the point, of BEGINNING. :r TOGETHER with a right of way over said. Private. Road northwesterly abo-at, 2900 feet to King:'Street. SUBJECT to -a declaration of covenants and restrictions affecting the. here-. : in described property to be hereinafter made by the party of the first part and recorded in the Office of the Clerk of the County of :Subfolk, State of New York. TOGETHER with ail'-the right, title and- interest of the parties of the first part of, - in and.- to.:.the land under water in Orient Bay, lying. contiguous to said. premises. I, , TOGEITII'•R•with all right, title and interest of the part les of the first part'of, in-and to the land lying in the streets and roads.in,frout of and adjoining said premises. ' TOGETIIEIt with the appurtenances and all the estate and rights of the pal•tiaa of the first part in and to . said premises. TO RAVE AND TO IIOLD the premises herein granted unto the party of the second part, her heirs and assigns forever. • i I` IEERMBB PACE The grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor will receive the consid- eration for this crying the cost iill thelold the improvementtandto rthatve such the grantor consideration the trust fund fire to the payment of the to be applied first for the purpose of paying the c st of t� coat of tho improvanleut before using tiny hart of thu total of the anmo for:ny other purpose. s AND the said GEORGE LATH AM, and ELIZABETH LATHAM, his Wife, covenant that •lhoy have not done or suffered anything whereby the said preiuiscs have, been encumbered ill Oily way whateveV. 07toept as A_ said iN WYMESS WHEREOF, the part i eu, of the first part ha V e hereunto set their hands andP-- !' sealg' the dap and year first above wizttcn. In presence of: f ' SQL �T(' S-? �,,,�- . , r .__A. S 1 Elizab h E. Lytham �'�..ys:c ,t„1.:., � GT,•3,�tiunj, ,�fig ..,t r r TATE OF` . .. "a YORK cour y OF j NASSAU ss.: the 7.� `' day of ��C` �'�� t/e4 , nineteen hundred and siXty—tWO,- - Wore me.came ' GEORGE LATHAM and ELIZABETH E. LATHAM, his wife, to me knas�i and known to Brie to be the individuals• described in, and who executed, the foregoing instrument, an acknowledged`to me that• t h(y' executed the same. f NNETH R. LATHAIJf f.jj t+ ICF: . �'�r?)� NOTARY PUBLIC, STA•rF. OF NEW YOa(C �,`.-'°`♦���;I-° No. :i2-7A9Q196 ,�•/, •/~Aw.E.� QUALJFIGO IN SUFFOLK C.OUNTY '•Y'••r,�, r1* •! 71'riW 1F1HES ldARCH O, D O •'c••.4,,,,:�._. w 'I I — of•, r;2.'s�' 4 �,�?*H"J{"'�'t� �g�l1P "`l��C�y .�a� � �'` .., : ��'+.ss(!r •.t11 •�{ J11 LA Cd ft rd rA 0 H I C� Ti DEC 31L 1962 TIP Ex ° NORMAN E. KLIPP !' r Clerk of Suffo,k Coority Q��•o Cl h I J. ' Town of Southold F; Bulk Schedule for Residential Districts [Added 1-10-89 by LL No.1-1989] +'` Column No; i i1 tii iv A vii iz z Xi zB Residential Unit Where Community 2-Family Detached District A-C R-40 R-80 R-120 . R-200L R 400 HD RR RO Water and Sewer Dwellings in R 80 Available District Minimum Requirements for 1-family detached dwellings Lot site(square feet) 80,000 40,000 80,000 120, Lot width(feet) 000 200,000 - 400,000 20,000 '20,000 40.000 10,000 ,160,000 175 150 175 200 270 270 75 75 150 60 Lot depth(feet) 250 175 250 400 Front yard(feet) a 400 120 120 175 80 0 Side yard(feet) 20 1155 2200 60 60 60 36 35 50 30 60 30 30 30 15 15 15 16 Both side yards(feet) 45 35 45 30 60 60 60 30 30 35 30 Rear yard(feet) 60 75 50 75 85 100 100 35 35 50 30 85 Livable floor area(square feet per dwelling 850 850 850 850 850 850 r3701 850' unit) 850 &50 850 Maximum C 9 Permitted dimensions: LOt coverage(percent) 20 20 20 10 b b \ Building height(feet) 2ir 2b 10 Number of stories 2 2 2 35 35 35 35 35 36 35 6 Y, 2% 2/, 2/r 2% 2% 2% 2% 2% NOTES: �See text of chapter and Density and Minimum Lot Size Schedules for applicable distric�'�s. =Except one-bedroom or studio in multiple dwelling may have six hundred(600)square feet-Minimum floor area may be reduced up to two hundred(200)for moderate-and/or lower-cost dwellings. Except one- -dmom or studio in multiple dwelling may have six hundred(600)square feet- 2-25.89 I AN t _ • - S TM �!w —80 w \ + 1 - Il x- ` , . R 80 - RIENT RR -M I qo�:?' .urn. R-80 TOMACc R-200 / I r —200 . all � 1 R 0 m. R-400 y� c[+[r[n .. / alwl aa.o[-a•.a [[a!: - .. , .i )IY.1 -F1- . .�9?` 1 - 11 ) _ '-Z ) ;. , _ •\ \ I\` n0 PQ ra ` F f [larl r" '-- q J pRC RD • '►, RIM 1 - ' .. ° L _, .. ; �, O Y 1 11 V '�' M ST c r 'S t- -'L s. }t s{ ,'�"FJ'7t '+Y+ 5.'tm 13' ':r',. raol Qv 2 , 3 t f - .'{. i aoua T b'r+t- .:l..c`.yaS�P>u'C u ale b h h y'_ S` T i d ; 1.•al.l I1•kl 1)a ).a IQ•al 1 .••"- ; '++ , S _- Y ,y11 { I.la 1.7 ^ •, r IOra 4 ht 13rtiZ::l r . ,- _� � y i . �• I.S. 1.a 4 H t.�-r ° �T-,r, c,-, ti. f o I_'.'.'. _ V H t[ 4.r 5 ./ ; [l• �[ A4 a e.05 t *, r, t.. 'e-' i).. Jr .[ { 1 I !.[ Sf 1 hi1 1� l3 O • I. • 1. t [r. 9M1I IS t , S' 3�r _ r a t i I •.. a. 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