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HomeMy WebLinkAbout4059 APPEALS BOARD MEMBERS �y "� ��' SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Southold, New York 11971 James Diinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Tel (516�765'10( � a TOWN OF SOUTHOLD" Telephone (516) 765-1800 ACTION OF THE BOARD DELIBERATIONS/DECISION: Appeal No. 4059: Upon.Application for DOROTHY F. CAREY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct: (a) proposed addition and (b) deck with insufficient frontyard setbacks. The subject parcel is known as Lot 7 on the Map of Edgemere Park, is substandard in size, and is .located in the R-40 Zone District. Location of Property: Corner of Edgemere Avenue and McDonald's Crossing, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 20. WHEREAS, a public hearings was held on October 24, 1991, at .which time 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. This application is a variance taken from the September 13, 1991 Notice of Disapproval issued by the Building Inspector based upon a building permit application to construct additions to existing dwelling. The additions which are the subject of this variance application are shown on the September 13 , 1991 site plan prepared by Samuels & Steelman, R.A. and are noted as follows: (a) 8' x 111611 open- deck with a proposed setback at 211611 to the westerly front property line along .Edgemere Avenue; (b) 6' x 101611 addition next to the proposed open deck with a proposed setback of 2316" to the westerly front property line along Edgemere Avenue and 35' to the southerly front property line along McDonald' s Crossing; (c) two small additions ( 4' x 7 ' and . 6' x 71 ) at •the . northeasterly section of the dwelling leaving a proposed setback at six feet. 2. The subject premises as exists: Page 2 - November 21, 1991 Regular Meeting Decision in Appl. No. 4059 - DOROTHY F. CAREY (a) is shown as Lot #7 on the "Map of Edgemere Park" filed July 2, 1931 as Map #742 in the Suffolk County Clerk' s Office; (b) contains a total lot area of 9,071+- sq. ft. with 68 ft. frontage along Edgemere Avenue and 137.08 ft. frontage along McDonald`s Crossing; (c) is improved with a 1-1/2 story, single-family dwelling with its closest setbacks presently at four feet from the northerly (side) property line, at 35 feet from the southerly front property line, exclusive of 42 sq. ft. covered porch, and at 29.8 feet from the westerly front property line. 3. Article III, Section 100-32 and Article XXIV, Section 100-244 of the current zoning code (as amended January 10, 1989) requires a minimum side yard setback at 10 feet and minimum front yards at 35 feet. The dwelling as exists is nonconforming in these yards. 4. For the record, it is noted also that: (a) the subject premises are nonconforming not only as . to lot area and width but has been improved with a dwelling structure built prior to 1960; (b) . there are similar building setbacks within the immediate vicinity on nearby parcels. 5. In considering this application, the Board also finds and. determines: (a) the relief as granted will not in turn increase the dwelling unit density; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be . served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief as requested (noted above) SUBJECT TO THE FOLLOWING CONDITIONS: 1 . That the deck remain open, unroofed and unenclosed at all times (as proposed) ; V I Page 3 - November 21, 1991 Regular Meeting Decision in Appl, No. 4059 - DOROTHY F. CAREY 2. That the size and location of the additions are limited to that requested and described above (and-shown on the survey map submitted in this application) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, i Doyen and Dinizio. (Absent was: Member Villa. ) This resolution was duly adopted. j lk GERARD P. GOEHRINGER, C AIRMAN -D AND FILED BY ii DT.01tA71,14 C iERK 4� J C e?ik, Town of- Sotuffiolai APPEALS BOARD MEMBERS y-''� ,UFrflI. Y SCOTT L.HARRIS CG Supervisor Gerard P.Goehringer,Chairman j�"� Charles Grigonis,Jr. Y` . Serge Doyen,Jr. y cn t?`° ,�i Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. .;,, ,._:_;, �,� v Southold,New York 11971 Robert A.Villa � - 0• 4N Fax(516)765-1823 Telephone(516)765-1809 . ;a 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 THURSDAY, OCTOBER 24, 1991, commencing at the times specified below: (1) 7: 30 P.M. Appl. No. 4060 - ANTHONY C. MEISEL. Variance to the Zoning Ordinance, Article III, Section 100-30A.3 and Article XXIV, Section 100-244,-.: for permission to construct open deck addition (to existing dwelling) with an insufficient frontyard setback. The lot area is nonconforming in this R-40 Low-Density Residential. 1275 Fanning Road, New Suffolk, NY; County Tax. Map District '1000, Section 117, Block 4, Lot 30. I ( 2) 7: 33 p.m. Appl. No. 4059. DOROTHY F. CAREY. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct proposed addition and deck with ' insufficient frontyard setbacks. The �subject 'parcel is known as Lot 7 on the Map of Edgemere Park, . is substandard in size, and is located in the R-40 Zone District. Location of Property: Page 2 - Legal Not-,.-a Hearings for October 24, 19"91 Southold Town Board of Appeals Corner of Edgemere Avenue and McDonald' s Crossing, Laurel, NY; County Tax Map No. 1000-128-6-20. (3) 7 :35 p.m. Applications of NYNEX MOBILE COMMUNI- . CATIONS/ARTHUR V. JUNGE, INC. concerning premises . located in the Light-Industrial (LI) Zone District and is known as 21855 County Road 48, Cutchogue, NY; County Tax Map No. 1000-96-1-19.1. (A) Appl. No. 4058. Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to construct monopole radio tower and accessory equipment-storage building with insufficient side and rear yard setbacks. (B) Appl. No. 4062. Special Exception to the Zoning Ordinance, Article XIV, Section 100-141B( 1) for permission to establish public utility use and construct monopole radio tower and accessory equipment-storage building. ( 4) 7:45 p.m. Appl. No. ,4061 - EDWARD T. ROUSE. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281, and Article IIIA, Section 100-30A. 3, Bulk Schedule, for approval of insufficient lot area and width of two parcels, each with a preexisting single-family dwelling. Location of ,Property: Corner of Sterling Place- and Champlin Place, Greenport, NY; Lot Nos. 60, 61 and 62 on the Map of John G. Champlin filed in the Page 3 - Legal Not--a Hearings for October 24, 1991 Southold Town Board of Appeals Suffolk County Clerk' s Office as Map No. 337; County Tax Map Parcel No. 1000-34-3-28. ( 5) 7 : 50 p.m. Appl. No. 4028 - RICHARD AND LISA OLIVERI . (Amended) Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate new dwelling, inclusive of deck and steps areas, with a setback at less than 75 feet from the landward edge of the freshwater wetland. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY.; County Tax Map No. 1000-006-06-20.5, containing 2. 5 acres. 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. For more information, please call 765-1809. Dated: October 11, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD. OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 10/11/91 L.I . Traveler-Watchman For Publication Copies on / /91 to the following: FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . 3-„-+. . . .t . . :, 19 . . To Q � Q , + I . . . . . . ... 96.A-% . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated .C�-�? �!^^ . . . ,� 3• , . ,, 19 .°i'.�. . . u . . . for permit to . . �?.r. . . . . at Location of Property. ! • ,C� � b Co� a.�.,�,t� d , �.0 House No. 1 Street •�. . • • .Hamlet . County Tax Map No. 1000 Section . . .1 .a . . . . Block . . . .Q .� . . . . . Lot Subdivision .P .. Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . is returned herewith and disapproved on the following grounds . c�(.R � -(� �da--3�— LA�- j . . . . . . . . . . . . . . . . . . . . . . . . . . '7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � �. Building Inspector RV 1/80 FOAM;NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. �,3 Application No. Examined ............:....(�. ...:..�.:.�..., 19... .....�...................... �� 7, Approved ............f.............. �........, 19... Permit'No. .................................... Disapproved a/c ................................. .. ... . ................................. Building Inspector) APPLICATION FOR BUILDING PERMIT Date ........ s i, ..... .: ...., 19.Z�..... INSTRUCTIONS a. This application must be completely filled in by typewriter oe in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout.the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in-buildings for necessary inspectapplicant, (Signature o or name, i corporation) 9 (Address of applicant State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...................x./W.rI J:.,r............. ...n...........................................................................................i.................................................. Name of owner of premises ...... fur... ........ .. .. a! �.��l.rt.....S..... .?�m.i.�h.............................. If applicant is a corporate, signature of duly authorized officer. .................... .................................................................. (Name and title of corporate officer) Builder's License No. .................................................... Plumber's License No. ................................................ Electrician's License No. ............................................ OtherTrade's License No. .............................................. .het 2 1. Location of land on which proposed work will be done. Map No.: .........ZY ..................... Lot N !9.►.l..e ..•Cqt 3, Street and Number ...... s s�.�r�. r..�..... ��............. �,�t�cr. j.......d11.f..y:............................. ,..... ......... Municipality 2. State existing use and occupancy of premises and.intended use and occupancy of proposed construction: a. Exisiting use. and occupancy ..............1.0 ►m.sn'.....R.Ca;.ac is—e................................................................... b. Intended use and occupancy ................................................................................................................................. 09/16/91 CAREY RESIDENCE APPLICATION #1 - STRICT APPLICATION OF •THE ORDINANCE WOULD PRODUCE PRACTICAL DIFFICULTIES - BECAUSE: To Provide any.�additional square footage to the house, the current zoning ordinance would require it to be located to the east side of the existing house in a relatively small area adjacent to existing bedrooms. The owner requires additional space at the Dining Room Area which is located on the west side and within the required front yard setback. The proposed deck, adjacent to the Dining Room addition, is the only location where a deck can be located which has access from public areas and not through existing bedrooms. #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: This site is located on the corner of two cross streets, Edgemere Avenue and McDonalds Crossing and therefore requires two front yards. This site is a non-conforming lot within the R-40 Zone with approximately 8700 S.F. of site area. Based on Article XXIV, Section 100-244-"Non-Conforming Lots" a lot less, than 20, 000 S.F. requires a front yard of 35 feet. Based on these setback dimensions, the building envelope that is created, limits any reasonable addition to the existing house. The existing house encroaches on this setback in some cases by 10 feet. Other properties within this subdivision are of equal size, but are not located on a corner requiring two front yards. These building envelopes are of greater size and therefore have more flexibility to add additional space if needed. #3 - THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AND WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT - BECAUSE: The owner is proposing to add approximately 63 square feet of floor area and an 8 'X11 '-6" deck to an existing house. This is a minor addition to an already small house. Many of the houses within this subdivision and along Peconic Bay Boulevard have been upgraded from small summer bungalows to full time residences. The proposed addition and the general renovation of this existing house would be in keeping with this current trend. Y ra tr- Repair .................. Removal .................. Demolition.................:. E 4. Estimated Cost ......... ............................................Fee . ........ ........................ (to be paid on filing this ...... ..""'••• aPPlication) 5. If dwelling, number of dwelling units ............................Number of dwelling units on each floor .........� ............ Ifgarage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ......:.....•............... 7. Dimensions of existing structures, if any: Front .............. Rear ...�.y....�................ "Depth Height ..!K............... Number of Stories .....�...' .A.7.7`c.............. ..................................... ................... Dimensions of same structure with alterations or additions: Front .....�9.. Y................... Rear ....�.'�.`.!1...,...... Depth .......................... Height ............................Number of Stories .. ..........................`i � ' 7 . 8. Dimensions of entire new construction: Front ...........'` ..................... Rear ... ......................... Depth ........................ Height ..4................ Number of Stories ....... 9. Size of lot: Front ........7�0.... .................................... Rear ......7.0:J;9.................... Depth .........12 5................. 10. Date of Purchase ........�/..:.G .7................................Name of Former Owner ... ...... !!Ch! ?�.�................. 11. Zone or use district in which premises are situated `` �'`tTiya ..................................................... . ....... ... 12. Does proposed construction violate any zoning law, ordinance or regulation: eo.............................................. 13. Will lot be regraded' ................. V ... Will exce�ss fll be removed from premises: ( ) Yes ( ) No 1';,;'i rt 11/n 5• f1j 14. Name of Owner of premises �`R 1'`�.. E ....................;i Address L ur2 'c �Y Phone No. Name of Architect .............................................................. Address ................................ Phone, No. ...................... Nameof Contractor ............................................................ Address ................................ Phone ......... No. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. -7D L 77 ry 70, G T)6 c HE=!?C �c 2�1 �,S T,�r e STATE OF NWW - .. COUNTY OF . ......f '`J•'•'•g^•�� ••••••••...:: .............being duly sworn, deposes and says that he is the applicant (Name of individu lel si nin contracf above named. Heis the .................................................................•................................................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; anel that the work will be performed in the manner set forth in tre application filed therewith. Sworn to bq or rr this —d y of L � C /% 19 Notary Public,� L� lc ,; �✓. �` �,Lafnty �.... ............. (Signature of applicant) 71' � A•+ �. 3. Nature of work (check which applicable): New Building '.................. Addition ..xxxx..... Alteration .................. Repair .................... Removal ................. Demolition. Other Work (Describe) ........................ 4. Estimated Cost ...... i..5,}QQO...AIM........................:...Fee ....:.:.:��.'...................... ................ .............................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ...C127.e. .:. .::...::.:.:..Number of dwelling units on each floor ............................ Ifgarage, number of cars . ..........................................................................i........... }..... ..... . ' .......... .. . ..... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ................................ 24 li g .. 7. Dimensions of existing structures, if any:'Front:......:2.:........... . Rear .......................... Depth ........................:..A. Height ............................ Number of Stories ....one................. ............: ......................:..................`....... Dimensions of some structure with alterations or additions: Front ................................ Rear.. Depth ............................ Height ................................Number of Stories ........................................ - I r 8. Dimensions of entire new construction: Front......6...�.��7.-6......... Rear.........6/.....11-6. Depth .......�7................ Height ...........' . Number of Stories...'..:AXle:...':...'.:..:. 9. Size of lot: Front , .....IQQ.................. Rear ...............Ila...... Depth .........10a........................ 10. Date of Purchase .......:..........:....T'h!5 a..:'?!::::.:::...:.Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated......."411. disc 12. Does proposed'construction violate any zoning low, ordinance or regulation? .....n0............................................ ~j I,aur e 1 13. Name of Owner of premises ....G....I�GI1C�a�,�.............Address .............el..................::...... Phone No. ...................:' Name of Architect ........................................."}�:...:Address ............................................ Phone ...... �N C Nam'e'of-Contractor ..F.�?'�':111111er',ii n'.'V."t;"Address :!..f':`'.`r1�..:Tslip ::1 ::. . Phon wNo. �.`e No. :, .'�C.l...:.: 7 lU( 9Cftl 'tglin PLOT.DIAGRAM, ,d Locate clearly;and;distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and black numbers or description according to deed, and show street names and indicate whether interior or corner lot. A . I:� ,; .,V_ I_•- f1:{f QT• t�ii119;+ �•'1.1t'1�lLl 1} �3.122� IIIV! t:Jl.)• ,:(11 ( 1 i�tuG7S�r�^ (..lt��.s .b }�,fpp�,E Sri♦f1Jfo:tt t�o!,�c{yi1� tu�tiipuo�r?f rl.." �;,�c,, ,. 1 r ., tco�f E, { ll�r�z ti-TII +' .. ,:,J ]1 ,JJITr11J� n j11l1lt�i!�19toO;• 1I•?(�1vQ" 7 ,r;} t;[.� n; `r> >',.- .. ��,; _ .T ..�.i�..,.�e. i�'�i,c� or1 •rJ• .. . ..�; � vif hatrt;�iQ rl»cl:�vdri lioc{� lJD I; t7fl}�'�1 1 tIJ1{ 'a.'IO'9�f102.! t-,�T ir1:i '•t,�•(; �, 1 ..� ,• ,'.�. '� i{Ji'I G!,��;''.�'.•a�{..iq�7r1 ' j.) � t a���i0 k,rl,�, :�w9i�1 t�f.' )_) �iC '' ' , }; _.^.Grtl�;ri •..'JS '�lwf lit .��•�t�'..`23t� ..:'3- l 2� t(Ya+ 'Ic�l�1P� � :�.�5"�c.•Y��' L:s i�jlOifDl ,e'7 1 "�'�p . 'I ., ,) •.. ,.:'i��;FJJ �,f t '!�t ,-'ttiOrtf311J'�`a� itT"� /�7RGt yl i-%6*("t,�91jQar fill.:A4C fq !j V 1 l 1 fr pi;n`�.I )�p tr4 FO�t(iN)t� QD �S+��d��i7j� �1'tali Q .`,. •��`.}� J '�.(1EsfY� Y L f9�liU� ,l0'13C ZLIICl t(lr7i .111�}3t�1at]).`1tf1�]t7C �P'' '9g. t1fYlC' _�9 ,/t .�,JIU ,7i1. , ._ ...i `t. rV. .. } ....' 1.......... .............. V -1, r r .1j:010 I]OSIIG��iy�lUl 11J �.J "'iJtc' t thti;'OC1,^.� �ctO�iIaC7C :{ ..( .......... .. ;t7,`,i}iv �•nC?.;9.....t/+.: . . STATE OF NEW YORK ) ' COUNTY. OF-S:uffe� S. ..:� ..J. S.S.- ti ..................................... .. Ray....nub. q. ..................................L'..bein' duly sworn;'depbses'ond says that he'is the applicant (Name of individual signing application) { above named. He is the Q.41TtT:actor-..:a ent..:..:�:' .! r :...:.: ::......'.;.... .` ::'......::�":�.:�: !..9:^t�....:�..:wY� (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to :erialCe and file` this application; that all statements contained in this ap I cation are true to the best of his knowledge and belief; t and that the work will be performed in the rr1fi#�tT�rT ef0f th ip the app ' tion fi erewith. ',�I1 brbn Mini t1 Sworn to before me this "Notary Public, Sta a of e v Yor No. 52.0344963, Suffolk County ........................ day f .... ►Se � �I pir7cyarc6�o, 1 , _ l } Notary Public, . +.. . .... . ..... . .... .......� (Signs re of applicant)....... ; 3. Nature oitwork(check which applicable): New Building . : . . . . . . . . Addition . . . . . . . . . Alteration . . . . . . . . . . _ Repair . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . (Description) 4. Estimated Cost . . . . . .$97.36.00. . . . . ... . . . . . . . . . . . . . . . . Fee . . . . . . ... . . .$15-00 . . . . . . .. . . . . . . . .. ... . . (to be paid on filing this application) 5. If dwelling,number of dwelling units . . . . I . . . . . . . . . Number of dwelling units,on each floor . . . . .... . . . . . . . . . . If garage,number of cars . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . . . ... . . . . . . 7. Dimensions of existing structures,if any:.Front . . 19!4!1. . . . . . . Rear . . .19!:4'! . . . . . Depth .37!61! . . . . . . . . Height . . 14'. . . . . . . . . . Number of Stories . . 1. .Pluq. .atti.c . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front .39. 4". . . . . . . . . . . Rear . 39!4!.. . . . . . . . . . . Depth 37'6" Height . .20! . . . . . . . . . . . . . Number of Stories? . . . . 8! Dimensions of entire new construction: Front . . ?� . . . . . . . . . . Rear . . . . . . . . . . . Depth .16.. , . .. . , , • Height . . 24 k . . . . . . . . . Number of Stories ". 2. . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . . '. 70!. . . . . . . . . . . . . . . Rear . . . 70..99 J. . . . . . . .... . . Depth .129+. . . . . . . . . . . . . . . . . 10. Date of Purchase . 9/.16/6.7. . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . E -Michael• • • • • • • • • • • 11. Zone or use district in which premises are situated . . . . . . A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed-construction violate any zoning law, ordinance or regulation: . .T1Q . . . . . . . . ... . . . . . . . . . . . . . . . . . 13. Will lot be regraded . . . Aq . . . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .Ai L... .Smith . . . . . . . Address .New•Canaan .Conhone No. . . . . . . . . . . . . . . . Name of Architect . . . ... . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . : . . . Name of Contractor .Geo.. ..Ahler:s .Bldr., . Inc Address .Cutehogue • 1 ,y,Phone No. .734-•5010• • PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines. Give street and block number or description according to dee nd show street names and indicate whether interior or corner lot. . �a•99 I Oil lidG X 15t'" E ;. , 0 79 . 6, a r 70 STATE OF NEW S.S COUNTY OF . . . . . . . . . ^��� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -.. . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual Sig ing contract) above named. He is the . . . . . . . . . . . ... . . . . .ContraPtor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all'statements contained in this application are true to the.best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me th�is- . . . . . . . . . . . . . -:-�---.day of. . . . . :, 1 Notary Public, . . . . . . . . County ANNNEVI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOTARY Pu IC, State of New York (Signature of applicant) No. 52.8125850, Suffolk County,� Term Expires March 30, 19. p RE VED TOWN OF SOUTHOLD, NEW YOSEP K19 1991 APPEAL, FROM DECISION OF BUILDING INSPECTOR 9,' e eta{ APPEAL NO.-05? Uuthotd Town CI D ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,� 1, (We) ..Samu.elz..&St.eelmazi..Arahi.tectc)f .25.23.S..Main.-Road........................................ Name of Appellant Street and Number ............CutchogUe,......................................................... ...........NY ...................... APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ............ -..................... DATED ........9113/91............................. WHEREBY THE BUILDING INSPECTOR DENIED TO Samue.j 5...&s...S .......... Name of Applicant for permit , of 25235 Main Road Cutchogue.............. .. .NY................... Street and Number Municipality ..State ( ) PERMIT TO USE PERMIT FOR OCCUPANCY ( x) Permit to construct 1. LOCATION OF THE PROPERTY Edgemere..Ave..... .......k _AQ.... Street /Hamlet / Use District on Zoning Map District 1000 Section 128131 ock06 Lot 19 DorothyFF. Carey :.Current Owner lV1ap No.Edgemere Park Lot No. 7 Prior Owner John S . Costanza 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 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 ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ................................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that Proposed, addition and deck does not meet front yard setbacks for a non—conforming lot in an exempt subdivision. Form zs1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION .OF,T_HE ORDINANCE would produce practical difficulties_�or-unneces-: sary"HARDSH•IP because SEE SCHEDULE ATTACHED 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 SEE :SCHEDULE ATTACHED 3. The Variance would observe the spirit of the Ordinance and WOULD NOT ,CHANGE THE CHARACTER OF THE DISTRICT because SEE SCHEDULE ATTACHED STATE OF NEW YORK ) ss ..... s�o J............... COUNTY OF ) Si nature zl--e Sworn to this ............1................................. day of...... ........ .............. .............................. 19 9V .,....�.... ." .......................... Notary Publ' �C TOWN OF SOU` HOLD PROPERTY RECORD CAR® OWNER STREET VILLAGE DISTRICT SUB. LOT /1ar pp FORMER OWNER ri N: E - ACREAGE rreder2v3 1 `".)' LCY . LailS W TYPE OF BUILDING `sue.J RES2. SEAS. VL. FARM comm. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS �^ l o � o o Po 8 oo s 6 A BUILDING CONDITION NEW NORMAL BELOW ABOVE 7 k v �'(�1 .J -Z, Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable, 3 Wcodland Swampland ` Brushland �. House Plot. - - _ " -- _ - - - - - - -_ - - •-ate;._ _ - _ _ .- - Tcto l r� IY ' i t1• .r 7 aL.a it : ■■■■■e■■■■■■■■ ■■■■■ 4_ ■■■■■■■■■■■■■■■■■■■■ i ■■■■MMMMMMMMMMMMMMME MMMMMMEMMMMMMMMMM ■■■■■me■miie■■■■■■■■■ ■■■■MMEANIIU■■■■■■■■■ ....' ^" '`Y Y t4 •''tR ;sCf `S M-:,_ C'n r`T; ~ ■■■■■mmmmum•m■■■ee■■ �' s , t•'v cF.,..i�sw�a"- ,•E4+ ,ja 34 ,., .. ■■■■MMU■MU■■®I■ ■■ee■ ■■■■MMUMM■■■®i■■■■■■■ • ■■MMESH■ET"■®ieee■■■■ �'- ■■■■EWRIMMERM■i■■■e■■■ , ®®eel®f�i®��®®®ie®eee®■ ■■■■■■■I®I■■■■■■■■IRIV ■■■■ . ati :. TEi . .. Interior Finish . • Fire Place I - • , w Mir/ � •. .. Breezeway M. '. •.. .. Garage.: Driveway o a TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER.OWN R N E ACR. • � /7y i S W TYPE OF BUILDING FARM COMM. CB. MISC. Mkt. Value �^'- refit sq RES. ��� SEAS. VL._,�� LAND IMP. TOTAL DATE REMARKS ` ,���.� �- 3 o v � q �- � a �•e� C'ffre s dP�'. ce , doh 9 � 'AGE BUILDING CONDITION :.LNEW NORMAL BELOW ABOVE -.FARM - Acre Value Per Value Acre Tillable 1 a Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD d l� House Plot DEPTH BULKHEAD 01 Total. ^�Ir.. t' -s �., {,�d r; DOCK - �;;�'.'il=�`;��{ 7:,. s �'r�'. ✓•Y�.,,i�_ trN _ -t i H t -.y, � .'a. .. r, i. __ .. 1. ew COLOR TRIM. M. Bldg. Foundation Bath Dinette Extension Basement Floors K. Extension Ext. Walls Interior Finish LR. Extension Fire Place Heat DR. Type Roof_ Rooms 1st Floor BR. , } Porch Recreation Room Rooms 2nd Floor FIN. B. `...,r.'.< Porch Dormer t Breezeway Driveway Garage Patio Total ti 4 1• ( .A n.'1.'y�'tU,� rQ.^ :� . '9 __ ' vt. _ _ _ - _ :, .., � r _ •r � .x t i i _....i .' TOWN OF SOUTHOLD PROPERTY RECORD CARD _ OWNER STREET VILLAGE DIST. SUB. LOTof C civu :} FORMER OWNER N E ACR. r 3 iF :h TeJ, COS fiay � Guf, . S W TYPE OF BUILDING RES. O SEAS. i VL. ` �� FARM COMM. CB. MISC. Mkt. Value � � e►/., LAND IMP. TOTAL DATE REMARKSS� Q�( / /L,� ��d CD Zd ro d v :4 eve) 6173 73tp ., C872 z 73urL0t.c. Or3o,doe l ." / va4 oa S7oo ., 00 0 Y60 o Shoo s 9 AGE BUILDING CONDITION ' NEW NORMAL BELOW ABOVE r FARM Acre Value Per Value Acre + Tillable 1 . Tillable 2 Tillable 3 Woodland - Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH 13 .. �• BULKHEAD Total .' '? } i f �,; v�� DOCK ; 1 ■■■■■■■ ■■■�.■■■■■■■■■■■■■■® .. _._ ■■■■■■■ MENAM!�■■■■■■■■■■■■■ ■■■■i:■:ia■■■■■��■■■■■■■■■■■■■■ AU» -""RF M. Bldg. Foundation Extension Basement xry.2W ,1„ u � • �.at .t+ ■■■■■■■■■DIY■■■■■■■■■■■■■ s. {ate:: . "a:-r---=_ -C : ■■■■ =��. ., ■■■■3�■■■■■■■■DIY■■■■■■■■■■■■■ ■■■■■■■ ■■■■■■■■■■■■■■■■■■■ .. lExt. Walls Extension Rooms I st Floor pertij Rooms 2nd Floor Breezeway • B. '• Total o :,�. !` `TO • V ' OF SOUTHOLD PRJPERTY ' RECORD CARD OWNER STREET VILLAGE DIST. SUB.. LOT FORMER OWNER N E ACR. . /cam. ,,`... �.;• �� S W TYPE OF BUILDING GL-G r�-�•�-C_ �L"� is �j �� G .. .. RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Valued LAND IMP. TOTAL DATE REMARKS A/v CO NA9 f 7/ •�'Q h f S/O Y GL.Q'�f. f 0 CY(rG e// �� L �// /�.J C7 r . _ AGE BUILDING CONDITION us ,NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre 1 a'. Tillable Tillable .2 ` Tillable 3 Woodland Swampland FRONTAGE ON WATER � = Brushland FRONTAGE ON ROAD 0 , House Plot DEPTH77777-771 '?� ✓ ... . .. -. . �e _ ,�• BULKHEAD ." T I 4 ota � .. �--:.�- .. DOCK .;{n;.a ..t�•.f-.i'�.:j,']•" rt r, .c ,� 3.c �;,1 •ty '• - _ x�g - 'k� "S� �e- l.:.•?, ..s G 1 �S i ,h -.{rr, .irk - -.x:. ;.r:-.F f COLOR 1�7 �[ A/fA1 1 S � •� ) I ■■i�■■■■=■■�4■■■■■■■■■■■■■■■ Interior Finish Extension Rooms Ist Floor Porch Rooms 2nd'Floor Dormer Breezeway Driveway .. :. TO*N OF SOUTHOLD P PERTY' RECORD CARD- � � T•.'>= OWNER STREET VILLAGE DIST. SUB. LOT J /4 e-,e-, FORMER:('SWNER N E ACR. � S . W TYPE OF BUILDING ` -. 10 SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS c7G p2oa 3 % - 00. .. o 0 53 c-o s q Z AGE BDI G COND I / _;_NEW NORMAL BELOW ABOVE 'FARM Acre Value Per Value Acre z Tillable 1 - Tillable 2 Tillable . 3 Woodland Swampland FRONTAGE ON WATER 7 pf Brushland FRONTAGE ON ROAD House Plot DEPTH = /O BULKHEAD DOCK Total `� ' '" Name �„ _ �..r, ■■fad■■1� t��®■I� �1��0■�1�'■i■■■fi1■i�.� MEMO EN ■■■■■■■ ®■■a■■■■■■■■■■■■■■■ : .. ., Foundation :• NOW Basement Interior IN 'WFire Placepe� AS, Rooms I st Floor • • itl`Vrii� r 'a BRUSH'S CREEK + S.4803850°E 6.78' 159.93' �IJ ( .I 10 .97' - ,52.96' 52°27'50'E 5037' , TIE LINE -ALONG WOOD BULIINEAD Y — - -EXIST.Fe.51JED 1 - M.10: -TUBE MOVED -. `.. f Cu 1 5.7• `SB._ . l 1 ._. Parce l A ae a FasToRy of eT1okI Area°16,857 sq,ft M 3s i.a' tee'` SUEo as N.87°42'30°W. 10.78� 32.4' 1 zi'- .— ------- 0 o Lot 18 Lot 17 Lot I6 i Lot 15 _ .I I wlaE Parcel B ' I I 0 s2s o Area = 16,I 18 sq.f t. FYdMrc sG s a 0 TO tJ.l H .n_ .,_ _ r.�.•r....- > ' W ° d p NOOSE °1 °a I I I G-It,ea•. al I aoo' 43 19' ' a71' 50.00' R:15.98' `°'-- S.510OTOO =24.09; T=15.00 1I �° °ROADWAY" 1 `I 1N5100-b0'E S0.71 y 3.61007 - 144.02' - IQOW` 4S.DY 4a0T 37.Ba'. - 1,' DOI e sour RAIL FENCE' 13% 'Lot,14 t(. `o Lot 13 Lot 12 Lot It -1 1� SURVEY FOR BERTRAM W.WALKER B MARGERY M.WALKER LOTS 15 THRU 18,"MAP OF EDGEMERE.PARK" MAR 21 1984. 11.76' Oa. APR.20,1983 \ SEPT 1981 NI6°4T30'�/ i lu AT LAUREL DATE.": FEB.,1978 13,83' 1 'o v TOWN'OF.SOUTHOLD SCALE:I"=30 i. SUFFOLK COUNTY, NEW YORK NO.N OR TO 18.51" \,\ SUR EYTSOZE A IV OLATIONROF SECTION0DITION 7209 OF THEHIS S E OF NEW NEW YORK STATE EDUCATION LAW. _ N.33°0'40PW. \ t S*COPIES OF THIS SURVEY URVH O BEARING LAND R� W YOR'S INKED SEAL OREMBO EMBOSSED SEALSHA L `l( Y Opp NOT BE CONSIDERED TO BE A VALID TRUE COPY. I l *GUARANTEES INDICATED HEREON SHALL RUN ONLY TO. - - 1 r THE PERSON FOR WHOM THE SURVEY IS PREPARED, L) J AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERN- MENTAL-AGENCYAND LENDING INSTITUTION LISTED IN HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION.GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT - �i ;Q Ia9 - a OWNERS. *DISTANCES SHOWN HEREON FROM PROPERTY LINES ••¢� p4• '� TO EXISTING STRUCTURES ARE FOR A SPECIFIC SE PURPONRE NOT TO BE USED TO ESTABLISH V n •' PURPSE,AND ARE OR FOR THE ERECTION OF FENCES. NOTE:'m=MONUMENT m9p .O=STAKE. ``t 400 YOUNG a YOUNG R VERHEAD,,NEW YORK DER UE ..SUBDIVISION MAP FILED IN THE OFFICE I N THEO. CLERK OF _ _ 1 SUFFOLK COUNTY ON DULY 2,1931 AS FILE NO 742:,+ - P ALDEN W.YOUNG,PROFESSIONAL ENGINEER, AND LAND SURVEYOR.N.Y.S.LICENSE NO.12646 HOWARD W..YOUNG,LAND SURVEYOR - - . N.Y.S.LICENSE NO.45893 '- i N\c' 8 - S 0� �� �°� OR 01 i 0 6j2g p p, r SURVEY FOR FREDERICK S. & DOROTHY F. CAREY LAUREL NOTE TOWN OF SOUTHOLD m = MONUMENT � SUFF. CO. ,N. Y. LOT NUMBERS REFER TO MAP OF GUARANTEED TO: EDGEMERE PARK", FILED IN THE OFFICE SCALE I _ 40' GUARANTE(DTIT TITLE Ek 161 MORTGAGE TGSGE CO. OF THE CLERK OF SUFFOLK COUNTY, 1) C. 28, 1960 NORT H FORK BANK 6 TRUST CO. F,F P'T. I9, 1962 e7-{ v PROF ESSIONA LS-E GINEFVAN0 LAND SURVEYOR,N.Y.S. LIC.N0.12845 R I V E R H E A D, N.Y. to s V.� .7 TITLE NO. 07-72516 ti: `y _ • � s V 0, SUFFOI,K COUNTY HEALTH DEPARTMENT DATEI�_��IQ H. D. REF. PN'`Da,�al�'eo1 BAY N �/� C The sewage disposal and Wettor supply G 0 �e facilities for this locn.tion have been E N inspectrOl by this depa:'.I,nent Fad found Pto be sati- -.ctor N gO f o •G.no Fn iS�Z� lV O \ Services . 0 �! --5 O UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY 15 A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE Q EDUCATION LAW. I 1 •. O L' COPIES Of THIS SURVEY MAP NOT GEARING 2 IL9•��,?•D• 7j THE LAND SURVEYOR'S INKID SEAL OR �I .N N EMBOSSED SEAL SHALL NYi 6E CONSIDERED 70 SE A VALID TCUE COPY. /�f 00 •� (T GUARANTEES INDICATED HEREON SHALL RUN O 027 p,.tL O- O� ONLY TO THE PEPSON FOR WHOM THE SU'.VEY N.69 L - �L�1 n 1 _ CID IS PREFARED,AND ON HIS BEHALF fO 1H: I• I T � TITLE COMPANY,GOVERNMfMAL AGt:.Cr A D 61•I74 �a Lot L LENDING INSTITUTION LISTED N A D OQ' Z TO THE ASSIGNSES OF lflf�L:.GI:.G rt S'II• TUITION.GUARAI:I $Any-0' -r..AlLf NOTE: Q ` ` e' 4x 1 i. 3 1 TO AD.YTTIONAL i,,SlIWH S�.-.,.�•wwt •r MONUMENT Ln cc Z y'o --'I.I Iy tT p OWNERS. SUED/VISION MAP FILED/NTHEOFFICE Y,p OF THE CLERK OFSUFFOLKCOUNTYON d0LY2,/93/ASF/LEND. 742. . :•� W O^+o,e,-' � .o� � Lot 5 � E/a SL�evan C�/'� r��av'enesc,� t 4.o Gssumeo�d tcim. l� REVISIONS YOUNG & YOUNG -- o F 2� d+•Z \ JULY 19,1973 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK NOV..14 1973 Ia9 O 1 ALD EN W.YOUNG HOWARD W.YOUNG \ DEC.12,1973 PROFESSIONAL ENGINEER AND LAND SURVEYOR ' APR.15,1974 LAND SURVEYOR.N.Y.S.LIC.NO.12845 N.Y.S.LIC.NO.45893 �IN• SURVEY FOR: cIYIgA 0290 JULIAN M.BAYUK a MILDRED BAY rKS 696 LOT NOS.4 a5 LQt °EDGEMEREPARK° br toGo�� - J AT GU Rk E O LAUREL GU R DIVISI F TOWN OF AM RTI SURA C 0. SOUTHOLD SO T �A5 9$j8AN 3(� SUFFOLK CO., N.Y. 6Y SCALE: 1" = 40' DATE: MAY 3, 1973 NO. 73 - 343 DIETZGEN 135 H846 I Ct�i 9l 7 3 f , ^' f r7l APPEALS BOARD MEMBERS S}a 4 _ a o ' SCOTT L. HARRIS Supervisor Gerard P. Goehringer, ChairmanrA9 Charles Jr.,Gri onis '' �' g <� �-; Town Hall, 53095 Main Road Serge Doyen, Jr. z P.O. Box 1179 - Robert, A. -.V.i l 1.a Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 December 11 , 1991 Samuels & Steelman 25235 Ma.in Road Cutchogue , NT 119.35 .Re : Appeal . No . 4059 - Dorothy F. Carey Gentlemen : For your records , attached is a copy of a letter received from the Suffolk County Department of Planning in reference to the above numered appeal . Yours F er 'tr. , 1 GERARD P . GOEHRINGER CHAIRMAN tr Encl . COUNTY OF SUFFOLK m D F ! DEC t I PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE i DEPARTMENT OF PLANNING (e_ ARTHUR H. KUNZ DIRECTOR OF PLANNING December 9, 1991 Town of Southold Zoning,Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination: A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Carey, Dorothy F. 4059 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.1., NEW YORK 11788 (51 6)360-5192 - �41" ZP t ` a APPEALS BOARD MEMBERS SCOTT L. HARRIS� � � .:£ Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio Jr Southold, New York 11971 Robert A. Villa BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN 6F 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 Planning Commission : X Variance from the Zoning Code , Article III , -Section 100-32 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . :4059 - Applicant: Dorothy F. . Carey Location of Affected Land : EdgememAvenue & McDonald' s Cross, Laurel County Tax Map Item No . : 1000- 128-6-10,20 Within 500 feet of: Town or Village Boundary Line y Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to construct addition and deck with insufficient frontyard setbacks. Copies of Town file and related documents enclosed for your review. Da to d : Dec. 5, 1991 APPEALS BOARD MEMBERS f ;af FB1. SCOTT L.HARRIS p Su ervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. r; a , Eris, Town Hall,53095 Main Road Serge Doyen,Jr. James Dinizio Jr. ' �. F K z`' P.O.Box 1179 ' �z .�:r w. a ,. `� %' Southold,New York 11971 Robert A.Villa Fax{516)765-1823 Telephone(516)765-1809G Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD December 4, 1991 Mrs. Nancy L. Steelman Samuels & Steelman, R.A. 25235 Main Road Cutchogue, NY . 11935 Re: Appl. No. 4059 - Dorothy F. Carey (Variance) Dear Ms. Steelman: Attached please find a copy of the board's determination in the above matter. Please be sure to return to the Building Inspector (and other .;agencies which may have jurisdiction for approval of this project) before commencing construction activities. A copy of this determination has this date also been furnished to the Building Department for their files and update. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning 'A--t- 7� NOV 1 3 i2, /l.L-G�rciyc &e a. oc M-5 NOVLi9 I S A M U E L S & V S T E E L M A N November 11, 1991 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Carey Residence (Variance) Edgemere Park, Laurel, New York SCTM # 1000-128-06-19 Dear Board Members, Our client, Mrs. Dorothy Carey is requesting a Variance to construct a small addition and a new deck within the required front yard setback. Her property is an undersized corner lot within the R-40 residential zone which requires two thirty-five (35) foot front yard setbacks. Due to this requirement, the allowable building envelope is unusually small and it becomes very difficult to add on to the house without requesting a variance. The house is located in Edgemere Park, which is a small closely knit neighborhood of full and part time residents. There are ten homes within Edgemere Park which are in very close proximity to one another and when improvements are made each neighbor is directly affected. The Owner has contacted the following seven families and have received verbal endorsements in favor of the proposed variance. 1. Dr. & Mrs. Julian M. Bayuk 2 . The Honorable & Mrs. Anthony Mercorella 3 . Mrs. Jean McCaskie ( Daughter of Mr. George Kendall) 4 . Mr. & Mrs. Arthur L. Smith 5. Mrs. Betty Jessup 6. Mr. & Mrs. Thomas H. Gannon 7. Mr. & Mrs. Richard Zeidler The eighth resident, Mrs. Joan Chrisolm has not been contacted due a to a serious automobile accident. Each of these families have stated that they would follow-up with a written statement to the Board supporting the Variance. These letters should be at the Board's office, Tuesday or Wednesday of this week. ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (516)734-6405 c r Li We sincerely hope that with this overwhelming support of the community and the recognized hardship due to the front yard setback requirements, that the Board will give serious consideration in granting this variance. If we can provide any additional information or answer any questions, please do not hesitate to call. Sincerely, Tancy LS & ST LMAN ARCHITECTS Steelman ci al cc: MrsE Dorothy Carey 6ZA-U X� 4 ���� � � 1 °I 1 1 �' � ° ��-� � �, qq �} r 1 I �o v 11 if11 ,�-p _�_ . �` 1�- �� �� � - � T� 4 t v —'�' � � -- Cam•---�.. '1`-�—cam—�. ANTHONY J. MEBCOBEMMA RETIRED JUSTICE SUPREME COURT, NEW YORK STATE 150 EAST 42No STREET NEW YORK, NY 100 1 7-5639 (212) 490-3000 November 7, 1991 Zoning Board of Appeals Town of Southold Town Hall P.O. Box 1179 Southold, New York 11971 To Whom It May Concern: I reside in Edgemere Park in the Hamlet of Laurel, Town of Southold. I am familiar with the variance requested by Dorothy F. Carey for the purpose of expanding her dining room- and adding a deck to the South side of her home bordering Mc Donald' s Road. Please be advised that I have absolutely no objection to the granting of this variance as requested. Yours truly, Anthony J. Mercorella P.O. Box 494 Laurel N.Y. 11948 November 7, 1991 Board of Appeals Town of Southold Town Hall = Box 1179 Southold, N.Y. 11971 Members of the Board: Mrs. Smith and I are residents of Laurel and live in a private community known as Edgemere. Mrs. Dorothy Carey, also a resident of Edgemere, has applied for a variance that would allow her to expand her dining room and add-,',a deck to a portion of her house. This request has apparently been objected to by the Walker family, a nearby neighbor.. Mrs. Smith and I have no objections to granting the requested variance and urge the Board of Appeals to do so. We feel that expanding the Carey home will not only increase the value of the Carey property but will upgrade the value of all properties in the community. Very truly yours, Arthur L. Smith, Jr. Marilyn S. Smith Mrs. Robert P. .Jessup P. 0. Box 1249�T L Mattituck, New York 11952 ���,,� �✓ �°��.,,fit �� o�a,�-L�, mac. XP 4YL 1 �.� w / � �/ G� ���Kiln-�!/�/l��J � �� ti� �� �� � JULIAN M. BAYUK, M.D., P.C., F.A.C.S. DIPLOMATE OF AMERICAN BOARD OF UROLOGY 284 COPPER BEECH DRIVE 1 BLUE BELL,PA 19422 TELEPHONE 215-628-9404 11/7/91 Zoning Board of Appeals Town of Southold Town Hall P.O. Box 1179 Southold, N.Y. 11971 Dear Sirs : Re: Petition of pDorothy_F.Carey for Zoning Variance in Ed-gemere Park, Laurel , N.Y. My wife and I are the adjacent property owners : As such, we received via certified mail your notice of 9/17/91 ; the specifications for the zoning changes , along with the architech' s site plan. We reside nextdoor to the above petitioner, and would have a full view of the intended exterior changes . Over the past 5 months , Mrs Carey, has shown us the plans for the planned home revisions , so that we are totally familiar with the variance requested by Mrs Carey! In expanding the dining room, and adding a deck to the south side of her home, she will be grimly enhancing the external appearance of her home. This will also enhance the value of .the entire compound of homes ! As the adjc ent property owners we have absolutely no objections to the granting of the requested variance ! In fact, we strongly urge you to grant the variance! Sincerely yours , ,.-- Imo./ter' JULIAN M:--BAYUI ,M.D. G' MILDRED C. BAY K -BOARD OF APPEALS. TOWN OF SOUT O D'� r{ , r n i t In the Matter or the Petitio of Samuels &' St dlm NOTICE O to the Board of Appeals of the Town of Southold ADJACENT n PROPERTY OWNER TO: Mr. ' and Mrs . Jti11an� M. Bayuk°1 , �� � � t } 284 Copper::Beach 'Drive Blue Bell PA 19422 2821 / Y its ! {1 i �q.� a i YOU ARE HEREBY GIVEN,NOTICE t' 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]'.: 2. That the property which, is the subject of the. Petition is located ad[acent to your property and is des cribed as follows: Corner of Edaemere Avg and Mcnonaidg Crossing in' Edgemere .Park, Lauel►, New, York 3. That the property which is the subject of such Petition,is located,in the.following zoning district: Low density residential"'R-40 - ,, 4. That by such Petition, the undersigned will request the following relief"' from front yard setback to add small' addition and deck, 5. That the provisions of the Southold Town..Zoning Code applicable to the relief sought by the under- ' signed are Article T T T Section . .100-3 2 [ ] 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 you may then and there ° examine the same during regular office hours (516) 7t;5 .1809 ! , ( �iwd+ 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 inditrbe 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, thit4you or.y our-representative have the right to appear and be heard�at such hearing g ^ r! Pp4 '{`1 sk e '0, rat",W-1 Datbd September`` 17". 1991'' +pr#t�' $ s � o- 9rp erau `l F�:ao it� rar� err�, c Y., I , .•� ,';y f:�r � ) iY c•,. Car $.�?�{'rrtd �}'I'�'�1' L K3"'f$�J�'� Fd�QCF ��`'9 r I s�' 4'�c Samue�ls �& Steelmari ,Architects,#t.=a ,r .::Petitioner -a; , i •,.Y a ,,- I_. i Ow�inerfs Names Dorothy F. Carey -77 PI 5 203 5iceMAddresssd _N Maim, , Cutchogue, ; Y 11935 ; - j } I k,a'...gY uw1Y .•:r' " tG Yi`f 41 i S I tY i F �•{ �4 ` h 7 I �1 J "' ,4 rA .'� [Copy of sketch or plan (showing 'proposal to be attadhed .,for °convenience { purposes . ] a M. S A M U E L S & S T E E L M A N October 1 1991 1- E`er�,, T \\_1 17 II Zoning Board of Appeals 2 1991 Town of Southold , I 43095 Main Road �� PO Box 1179 - Southold, N.Y. , 11971 RE: Carey Residence Laurel, N.Y. Dear Board Members, As requested, the following is a breakdown of the building area and lot coverage for the above referenced project: Building Area (new & existing) 1, 145 S.F. New Deck 88 S.F. Existing Entry Porch 42 S.F. Existing Garage 491 S.F. TOTAL BUILDING AREA 1,766 S.F. Total Site Area 9, 071 Allowable Lot Coverage (20%) 1, 814 Actual Lot Coverage 1, 766 S.F. If we can answer any questions, please do not hesitate to call. Sincerely, SAMU LS & STEELMAN ARCHITECTS ancy L Steelman Princi 1 Architect NLS: if ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (516)734-6405 APPEALS BOARD-MEMBERS ' �`� ���, SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. =,f ; P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-18091 Telephone(516)765-1800 BOARD OF APPEALS TOWN Or SOUTHOLD October 1, 1991 Ms. Nancy L. Steelman Samuels & Steelman, Architects 25235 Main Road Cutchogue, NY 11935 Re: Appl. No. 4059 - Dorothy F. Carey (Variance) Dear Ms. Steelman: This letter will acknowledge receipt of the above variance application for reduced front yard setbacks. It is also noticed-- that there- will be reduction of the existing nonconformities in northerly sideyard to five feet at its closest point. The Board Members will be individually conducting field inspections and reviews as may be required concerning this proj.ect. Please be sure to flag the corners of the proposed new additions at this time if not already done so. The hearings calendar is expected to be during the evening of Thursday, October 24, 1991. A copy of the Legal Notice as published in the Long Island Traveler-Watchman and the .Suffolk Times will be sent to you as confirmation (with the exact time) over the next several days. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk La S A M U E L S & o S T E E L M A N 1991 and of Appeals ;;'I outhold =t' n Road 79 N.Y. , 11971 y Residence -21, N.Y. 3 Members, I --ed, the following is a breakdown of the building area and x ige for the above referenced project: • .ing Area (new & existing) 1,145 S.F. I Deck 88 S.F. --ing Entry Porch 42 S.F. :ing Garage 491 S.F. BUILDING AREA 1,766 S.F. I Area 9,071 Lot Coverage (20%) 1,814 `/ V p• Coverage 1,766 S.F. answer an questions, y q please do not hesitate o call. I �C STEELMAN ARCHITECTS teelman Architect 'Da�no-: ARCHITECTS 25235 MAIN OQ91=e'n t, CUTCHOSUE. / / ! EXIST I%z STof V. J.f PST 4rcj 1) • E r, n i ,• — r N _ APPEALS BOARD MEMBERS �'��F�/ SCOTT L.HARRIS Gerard P.Goehringer,Chairman �� � = °` :_ ,.�� Supervisor Charles Grigonis,Jr. Serge Doyen,Jr. ��+ Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. +A . Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 24 , 1991 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 4059 Project/Applicants: CAREY , .DOROTHY County Tax Map No. 1000- 128-6-19 ,20 Location of Project: Edgemere & McDonald ' s Crossing , Laurel Relief Requested/Jurisdiction Before This Board in this Project. Addition and deck with insufficient front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617.2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at ( 516) 765-1809. tr Page 3 - Appl . No . 4059 - OROTHY F. CAREY Hearing .-Transcript of Oct ber 24 , 1991 The Hearing opened at 7 : 39 .m. The Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN : I have a copy of a site plan used by Samuels & Steelman which indicates the proposed additions and their sizes on at least two sides of the house and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Nancy , would you like to be heard concerning this ? MS . STEELMAN : I ' m with Samuels & Steelman , Architects and repre- senting Mrs . Carey tonight. Basically on this application we are wanting . to increase the dining room area and alsolocate a new deck adjacent to the dining room. The proposed additions are approxi - mately 6 ' x 10 z ' the dining room area and the deck is approximately 8 x 11 ' . This site is a small lot that is approximately 9000 sq . ft. and in this situation she has two front yards setbacks that are being required and she is on a corner lot and that existing house sideyards are basically on the property line 212 to 3 ' so she is finding she is having a difficult time adding to any part of the house . In the one setback we are trying to work in a fairly small additions that will work best with her. I will answer any questions . CHAIRMAN: The portion of the house that juts out now that you ' re encompassing , I assume we would refer to it as the rear of the house because it really is the rear of the house even though' there are two front yards on the property. That ' s the dining room area you are adding on . MS. STEELMAN : That is on Edgemere Lane . CHAIRMAN : The proposed addition is adjacent to the deck. What is the addition on the rear of the house . .MS. STEELMAN : The other side which we are not encroaching on the setbacks , that ' s two walkin closets and existing mechanical room which is basically bring the lines across . You will find on that setback , I guess that is about a 5 ' sideyard setback based on previous zoning codes . CHAIRMAN : The proposed deck onEdgemere Avenue , that will not be roofed in any way ? MS . STEELMAN : No . That is open above . The additions are quite small . I think it is really 63 sq . ft . actual building area and she is just meeting that area right in that room on the dining room side . ' The proposed additions on the other side 'of the house towards the garage . but those are two bedrooms there and it is very difficult to build on that side . The existing house refers to as a 35 ' setback Page 4 - Appl . No . 4059 Dorothy F. Carey Hearing Transcript of October 24 , 1991 MS . STEELMAN - continued has 10 ' on the sides so the existing house is definitely not conforming within the setbacks and with the two sideyards the buildable area is very minimal . She is kind of in a rough hardship condition. CHAIRMAN : We thank you . Is there anyone else who would like to be heard concerning this application . Is there anyone in favor , against. You ' re welcome to use the mike . Just state your name for the record . MARGERY WALKER : I ' m Margery Walker of Edgemere Park. The first thing that we are objecting to is the fact that our properties are adjacent and we were not advised of this Hearing . I feel we should have been . Your zoning code reads that a written notice containing the information shall be sent to every owner of property immediately adjacent thereto and our lot land is adjacent. It runs parallel to the point of the question , the questionable area and we are the closest to it. CHAIRMAN : We have a problem with that Margery , to be honest with you , Mrs . Walker , I should say. There are two schools of thought on this . We have been working on the possibility of doing posting as opposed to , or in concert with , the possibility of doing certified mail . We have a problem with the posting issue . You would not be notified in any case because ites trunkcated by a road in between . I know it is a private street and you have a right-of-way over it as well as everybody else has a right-of-way over it. The only real way you would be notified is if we wouldn ' t go to a posting situation and a certified mail situ'ation . , The problem we have with the posting situation is. that in this area it wouldn ' t be very effective but in an area where it is open , the sign would be put up and ten minutes later it would blow away. That ' s pretty much the reason why I have not been in favor of it. MARGERY WALKER: It is understandable . However , I think if your codes that adjoining that would apply to us but adjacent , according to the dictionary , is lying near or close to adjoinirrg , _bord6rtng or neighboring. Technically speaking , we adjoin because both of us own property to the middle of the road where they meet so we could use either adjacent or adj'oi'ni;ng. W . most certainly should have been notified , particularly since we are closer to this question-ab.le piece where they are asking relief. The second thing we are concerned with is that normally you ' re not supposedto come before the zoning board unless you have no other options and Mrs . Carey owns an entire vacant lot behind her house . The existing house is now two to three feet from it so that she is already pushing and the logical place for a deck would be off the big room that is pushing into the other lot. It doesn ' t seem right to overcrowd Page 5 - Appl . No . 4059 Dorothy F. Carey Hearing Transcript of October 24 , 1991 MARGERY WALKER: continued an already , and I ' m using your words , substandard lot , to add more when there is an entire vacant loati;ob.e utilized. What they are doing obviously , is to try to crowd the lot+,'ioget what they want and then they are saving the vacant lot in wiH_ch to sell . Now , in theory , if that were done you already got a situation , you ' ve a house that is 2Z ft from the side and if they sell and build another , we ' ve got an addi.ti.on.al crowded. si tu.a.ti.on. and. -I d.o.n.' t. th.i.nk. we—should ..and .a.l.l ow. .them to compromise. t.heV.al ues in there by overcrowding ' thi_s lot. They should merge th.e two and make their expansions the right way into the lot they own . Do you have a copy of the survey showing the second lot they own . CHAIRMAN : I have a tax map copy when I went down there Mrs . Walker and it does appear to be one piece of property to me . MARGERY WALKER: They own both of these and you can see the house , where the house is already here . Now the next thing that comes to mind is the 20% coverage ,_ that would mean one fifth that means that five of these could fit into this to be conforming and I couldn ' t do it . I cut that out and I tried to put that in . I don ' t have a phenomenon but I think that they are over. their 20% and again , it is wrong because they have an entire lot in which they could do it . If they would merge the two they would have more than enough space to do whatever they wished . CHAIRMAN : I do have a copy of the letter from Ms . Steelman here which indicates the allowable lot coverage to be 1814 sq . ft. and the actual lot coverage :with the additions proposed at 1766 so it is just under the 20%. MARGERY WALKER: I ' cbn ' t know. I would have to see 'a clinometer for the figures because if you look at what I have put there and you try to put five .of those on that lot I don ' t think it is possible , but maybe it is . CHAIRMAN : We' ll afford you a copy of this after the hearing . MARGERY WALKER: The thing says there is no way , the only location for the deck is where they are proposing it and of course that is not so , they can go to the north . The second says that the dimensions limit any reasonable additions to the existing home and that is wrong also since they have an ent"' re_ lot to be able to move into . We would strongly urge that you deny this variance and have the merged lot and do it with much more space and facility. Page 6 - Appl . No . 4059 Dorothy F. Carey Hearing Transcript of October 24 , 1991 CHAIRMAN : Nancy is there something you would like to say in rebuttal ? MR. WALKER: The thing that is also objectionable is that the deck would 'be in their frontyard and also ours . CHAIRMAN : That is the question I was going to ask Ms . Steelman . IF they were proposing any screening . MR. WALKER: As it is , she is closer than what sheshould be now and it will be that much closer to our frontyard. MARGERY WALKER: Most all the lots in Edgemere Park have merged lots and they are larger . She is not the only one that is small but the majority of them are much larger and the houses have all been improved and it would seem to me particularly with the potential of greater overcrowding if another house is put on that , the lot that she is saving , that would be detrimental to the values of the community. CHAIRMAN : Thank you. Could I just ask you to hold up one second . Mr . Dinizio , could you make a copy of this for Mrs . Walker. MS . STEELMAN : One of the things I can state is that these are the Current zoning code being an exempt subdivision it wasn ' t required that those lots were merged at any time and I think that the owner feels she has two separate lots and has always kept them as two separate lots . I think the Zoning Board can state that she has to merge those two lots if they are legal and separate . Margery should know if she is in real estate and I think that there is a certain that has always been an investment point that additional lot can serve as a nest egg in the future if she wanted to sell that or passed down to her kids or whatever. I think at that level I don ' t think the Board can mand;atorilly state that she needs to merge those two lots . CHAIRMAN : Let me just refreshmy memory here . What you are saying is that Edgemere Park is on the exempted list so therefore each lot that is presently in single and separate ownership , each lot stands on its own unless it is merged or somehow placed structure across two lot lines or whatever the case may be . Secondly , was this property ever checkerboardded in any way! Was there a merger by death or anything of that nature? MS . STEELMEN : Not that I know of. There was always two separate lots that were bought , even at separate times for the period of their stay in the house . MARGERY WALKER: May I comment on that? I know that it is on the excepted list and what Nancy says is right except that if you do have two lots and you do want to go beyond the coverage and .you have the means with which to do it you should not ask to have a variance to keep it all confined to one lot rather than use the means at your disposal . 4 _ P Page 7 - Appl . No . 4059 Dorothy F. Carey Hearing Transcript of October 24 , 1991 CHAIRMAN : Could I just ask one more question of Ms . Steelman . Thank you Mrs . Walker . Are you planning any screening around the proposed deck area? MS . STEELMAN : At this point there is an existing hedge that runs around the perimeter of her property along both front yards . There wasn ' t anything additional intended other than that hedge . It is really a low hedge , probably around 32 foot CHAIRMAN : Thank you . Thank you very much everybody. MARGERY WALKER: May I just say one thing . I just noticed in your zoning that you are supposed to consider whether what you are allowed will cause an overcrowding of the land. CHAIRMAN : Mrs . Walker we have that for you , a copy of that. That will give you the specifics . Hearing no further comment I will make a motion closing the hearing and reserving decision until later. ALL IN FAVOR. AYE . MUNICAT I RTHUR V. JUNGE, I�oncerning CO U N'I'Y O F S L)I-F premises loca in.the Light:, ss; Industrial(LI)Zone District and S•I'A'1'I: 01= N L W 1'O I is known as 21855 County Road 48,Cutchogue,NY,County Tait Map No. 1000-96-1-19.1. (A)Appl.no. 4058. Variance Patricia Wood,' being duly sworn, says that she is the to the Zoning Ordinance, Arti- F-ditffl', of TI-IE I-ONG ISLAND TRAVELER-WATCI-IMAN, cleXIV,Section 100-142 for per-. ;I public newspaper printed at Southold, in Suffolk County; mission to construct monopole radio tower and accessory ;lrlci that the notice of which the annexed is a printed copy, equipment-storage building with It•is Itccn .1)ublis1led in said Lonf; Island 'I•ravClCr-W;IICllrll;irt insufficient side and rear yard itirCc C;1Cll week for setbacks. �. . . . week s (B) Appl. No. 4062. Special Exception to the Zoning Or- suCCessively, CorllrllCnCir1�, on the 17 dinance, Article XIV, Section 100-141B(1) for permission- to day of* t jc t ob er establish public utility use and • • . . . . . . . . . . . . 19 .91. . construct monopole radio tower and accessory equipment- 1l/ storage building. • • • • • • • • • . . . 7:45 P.M. Appl. No. 4061= EDWARD T.ROUSE.Variance NOTICE OF HEARINGS to the Zoning Ordinance,Arti- cle XXVIII, Section 100-281, Sworn to hcforC rite (his . •. ? NOTICE IS HEREBY GIVi and Article IIIA, Section. ' • • • • • • • . . . . . . . . day of EN,pursuant to Section 267 of 100-30A.3., Bulk Schedule, four' October The Town Law and the Code of approval of insufficient lot area91 the Town of Southold, the and width of two parcels, each 19 . . . . . following matters will be held with a preexisting single-family for public hearings before the dwelling.Location of Property: SOUTHOLD TOWN BOARD Corner of Sterling Place and OF APPEALS at the Southold Champlin Place, Greenport 1 Town Hall, 53095 Main Road, NY; Lot Nos. 60, 61 and 62 on ' ' • • • • • • • • • • . . . . v ��z�� Southold, NY 11971, on the Map of John G. Champlin ' ' ' ' ' THURSDAY, OCTOBER 24, filed in the Suffolk County Notary Public 1991, commencing at the times Clerk's Office as Map No.337; BARBARA A. SCHNEIDER specified below: County Tax Map Parcel No. NOTARY PUBLIC, St?te of New York 7:30 p.m. Appl. No. 4060- 1000-34-3-28. No. 48OG846 ANTHONY C. MEISEL. ' 7:50 p.m. Appl. No. 4028- Qualified in Suffolk Cor ty Variance to the Zoning Or- RICHARD AND LISA Commission Expires F�3/�/Z dinance, Article 111, Section OLIVERI.(Amended)Variance 100-30A.3 and Article XXIV, to the Zoning Ordinance,Arti- Section 100-244,for permission cle XXIII,Section 100-239.4 for to construct open deck addition permission to locate new dwell- (to existing dwelling)with an in- ing,inclusive of deck and steps sufficient frontyard setback: areas,with a setback at less than The lot area is nonconforming 75 feet from the landward edge in this R-40 .Low-Density, of the freshwater wetland.Loca- Residential. 1275 Fanning Road, tion of Property: Westerly side New Suffolk, NY; County Tax of Crescent Avenue, Fishers Map District 1000,Section 117, Island, NY,• County Tax Map Block 4, Lot 30. No. 1000-006-06-20.5, contain- - f 7:33 p.m. Appl. No. 4 ing 2.5 acres. DOROTHY F. CAREY. The Board of Appeals will at Variance to the Zoning Or- said time and place hear any and finance, Article 11I, Section all persons or representatives 1100-32 for permission to con- desiring to be heard in each of itruct proposed addition and the above matters.Written com- leck with insufficient frontyard J ments may also be submitted ;etbacks. The subject parcel is i prior to the conclusion of the :nown as Lot 7 on the MaJ of subject hearing. Each hearing •dgemere Park,is.substawill not start before the times ri size,and is located in thdesignated. For more informa-one District.Location otion, please ca1L.7.65-1809.)erty Corner of EdgeDated: October 11, 1991 venue and McDonald's C BY ORDER OF THE SOUTHOLD TOWN g, Laurel, NY; CountyBOARD OF APPEALS �da No. 1000-128-6-20. GERARD P. GOEHRINGER 35 p.m. Applications of i CHAIRMAN 4YNEX MOBILE COM- By: Linda Kowalskit 1X-10/17/91(50) - 1 TIONS/ARTHUR V. JUNGE,INC. concerning premises located in the Light-Indust 'al LI one District n ) and is known as 21855 County Road W 48.Cutchogue,NY;County Tax Map STATE OF NEW YORK) No.1000-964-19.1. (A)Appl.No.4058.Variance to )SS: the Zoning Ordinance,Article XIV, COUNTY OF SUFFOLK) Section 100-142 for permission to construct monopole radio tower z / and accessory equipment-storage �.j' (.�.�� limit Of MattltUck, In building with insufficient side and tear yard setbacks. said County,being duly sworn,says that he/she Is Principal (B) Appl. No. 4062. Special Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, Exception to the Zoning Ordi- nance, Article XIV,Section 100- published at Mattituek, In the Town of Southold, County of l for permission to establish publiublicc utility use and construct �Suffolk and State of New York and that the Notice of which monopole radio tower and accesso- 4 the annexed is a printed copy,has been regularly ry equipment-storage building. (' e9 rly published in (4)7:45!p.m. Appl.No. 4061 = said Newspaper once each week for / weeks EDWARD T. ROUSE. Variance to successively, commencing on the /7 day of the Zoning Ordinance,Article XXVI- �� 19 II,Section 00-281,and Article MA; NOTICE OF HEARINGS Section 100-30A.3.Bulk Schedule, NOTICE IS HEREBY GIVEN, for approval of insufficient lot area and width of two parcels,each with a - pursuant to Section 267 of the Town preexisting single-family dwelling. Law and the Code of the Town of Location of Property:Comer of Ster- Southold, the following matters will ling Place and Champlin Place, be held for public hearings before the Grecnport,NY; Lot Nos. 60,61 and Principal Clerk SOUTHOLD TOWN BOARD OF, 62 on the Map of John G. Champlin APPEALS at the Southold Town filed in the Suffolk County Clerk's Hall, 53095 Main Road, Southold, Office as Map No. 337; County Tax NY 11971,on THURSDAY,OCTO- Map Parcel No.1000-34-3-28. ✓y BER 24, 1991. commencing at the (5)7:50 p.m. Appl. No. 4028 Sworn to before me this l/ times specified below: RICHARD AND LISA OLIVERI. (1)7:30 p.m. Appl. No.4060— (Amended)Variance to the Zoning day of et 19 T/ / ANTHONY C.MEISEL.Variance to Ordinance, Article XXIII,Section the Zoning Ordinance, Article III, 100-239.4 for permission to locate, t$ps3 Section 100-30A.3 and Article XXIV, new dwelling, inclusive of deck and ,. pa.C,sta%of WN ed Section 100-244, for permission to steps areas,with a setback at less than $t 51a Wxdf construct open deck addition (to 75 feet from N the landward edge of the �a existing dwelling)with an insufficient freshwater wetland.Location of Prop- �' �$ 30r 3�� frontyard setback.The lot area is nonce crty: Westerly Side of Crescent conforming in this R-40 Low-Dcnsity Avenue, Fishers Island, NY; County Residential. 1275 Fanning Road,New Tax Map No. 1000-006-06-20.5,con- Suffolk, NY; County Tax Map Dis- taining 2.5 acres. trict 1000,Section 117, Block 4, Lot The Board of Appeals will at said 30. �( time and place hear any and all per- / 2)7:33 p.m.Appl. No. 4059— sons or representatives desiring to be DOROTHY A CAREY. Variance to heard in the above matters.Written the Zoning Ordinance, Article III, comments may also be submitted Section I00-32 for.permission to con- prior to the conclusion of the subject struct proposed addition and deck hearing. Each hearing will not•start With insufficient frontyard setbacks. before the times designated.For more The subject parcel is known as Lot 7 information,please call 765-1809. `--� on the Map of Edgcmere Park,is sub Dated:October 11,1991. standard in size,and is located in the BY ORDER OF THE SOUTHOLD yi" R.40 Zone District.Location of Prop- TOWN BOARD OF APPEALS LM y:Comer of Edgemcre Avenue and GERARD P.GOEHRINGER cDonald's Crossing, Laurel, NY., CHAIRMAN ounty Tax Map No.1000-128-6-20. By Linda Kowalski - f (3) 7:35 p.m. Applications of 7178-IT017 NYNEX MOBILE COMMU A/ TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent, a delay in the processing of your, application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure ;t " Copies of legal notice for the October 24, 1991 hearings were mailed to the following 10/15/91 Mr. Anthony C. Meisel 227 Park Avenue Hoboken, NJ 07030 Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 Mr. Edward T. Rouse 715 First Street Greenport, NY 11944 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Stephen B. Latham, Esq. (Attorney for R. Pyle) 33 West Second Street P.O. Box 398 Riverhead, NY 11901 Pamela K. Phillips, Esq. Leboeuf Lamb Leiby & Macrae 520 Madison Avenue 28th FLoor New York, NY 10022 Marie D. Ongioni, Esq. (Re: NYNEX Mobile) i 218 Front Street P.O. Box 562 Greenport, NY 11944 � k - I t I o��FFot��D Town Hall, 53095 Main Road �+0 • �. P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY 1 TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD -TOWN 'ZONING. BOARD OF APPEALS FROM: . :. ':%TU'DITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4059, DOROTHY F. CAREY, BY SAMUELS & STEELMAN, ARCHITECTS DATED: SEPTEMBER 19, 1991 Transmitte is application for variance submitted'by Samuels & Steelman, Architects, on behalf of DOR.O'THY.F��:,CAREY, together with Notice of Adjacent Property Owner; Southold Town Building Department Notice of Disapproval, authorization letter from Dorothy F. Carey to Samuels & Steelman, State Short Environmental Assessment Form, Board of Appeals Questionaire, Deed to Property, Certificate of Occupancy, Survey Map, Site Map of Carey Residence. 09/16/91 CAREY RESIDENCE APPLICATION #1 - STRICT APPLICATION OF THE ORDINANCE WOULD PRODUCE PRACTICAL DIFFICULTIES - BECAUSE: To Provide any additional square footage to the house, the current zoning ordinance would require it to be located to the east side of the existing house in a relatively small area adjacent to existing bedrooms. The owner requires additional space at the Dining Room Area which is located on the west side and within the required front yard setback. The proposed deck, adjacent to the Dining Room addition, is the only location where a deck can be located which has access from public areas and not through existing bedrooms. #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: This site is located on the corner of two cross streets, Edgemere Avenue and McDonalds Crossing and therefore requires two front yards. This site is a non-conforming lot within the R-40 Zone with approximately 8700 S.F. of site area. Based on Article XXIV, Section 100-244-"Non-Conforming Lots" a lot less than 20, 000 S.F. requires a front yard of 35 feet. Based on these setback dimensions, the building envelope that is created, limits any reasonable addition to the existing house. The existing house encroaches on this setback in some cases by 10 feet. , Other properties within this subdivision are of equal size, but are not located on a corner requiring two front yards. These building envelopes are of greater size and therefore have more flexibility to add additional space if needed. #3 - THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AND WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT - BECAUSE: The owner is proposing to add approximately 63 square feet of floor area and an 8 'X11'-6" deck to an existing house. This is a mipor addition to an already small house. Many of the houses within this subdivision and along Peconic Bay Boulevard have been upgraded from small summer bungalows to full time residences. The proposed addition and the general renovation of this existing house would be in keeping with this current trend. DOROTHY F. CAREY P.O. BOX 274 LAUREL, NEW YORR 11948 September 12, 1991 I hereby authorize NANCY L. STEELMAN OF SAMUELS & STEELMAN ARCHITECTS to act as my agent in obtaining the, required permits from the Town of Southold Building Department and Zoning Board of Appeals. A Date: / / —/ 1 othy F Carey .14.16.4 0871—Taxt 12 PRO,IECT I.D.NUMBER 'r 617.21 SEAR Appendix State Environmental Quality Review r SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR Samuels & Steelman Architects 2. PROJECT NAME Care Residence 3. PROJECT LOCATION: Munlcloallty Laurel County Suffolk 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc.,or provide map) Corner of Edgemere Ave. and Mc Donalds Crossing in subdivison known as Edgemere Park in Laurel, Newyork 5. IS PROPOSED ACTION: ❑New UExaanslon ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Addition and new deck to an existing single family residence. 7. AMOUNT OF LAND AFFECTED. Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes 1zNo If No,describe briefly Relief is being sought for front yard setback 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial �Q ElA Agriculture Describe: Commercial g ❑Park/Forest/Open space El Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAQ? ❑Yes X No If yes,list agency(s)and permit/approvals- 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No 1!yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: y S elman elman Arc7_hitects Na Date: 9/17/91 Slgnature: [::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 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act of this form, and an environriental review will bernaaer0s sub mission l before any action is to en. SHORT ENVIRONMENTAL ASSESSMENT FOMM INSTRUCTIONS. that (a) In order to answer the questions in this short EAF it is assumed , the ethe likl eewill ecurrently available information concerning the p e and y Impactsof 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 i project is not significant, s likely that the (d) Environmental Assessment 1- Will project result in a large physical chance to the project site or physically alter more than 10 acres of land? _Yes �NO 2. Will there be a major change to any unique or unusual land form on the site? •• _Yes �No 3. Will project alter or have a large effect on an existing body of water? -_Yes �No 4. Will project have a potentially large• imna groundwater quality? ct on _Yes O&No 5- Will project significantly effect drainage flow on adjacent site-s? Yes �No 6. Will project affect any threatened or endangered Plant or animal species? _Yes X!Jo 7. Will project result in a major adverse effect on air quality? _Yes 1_1110 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 - &No � 9- Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicsL• importance or any site designated as a critical envircnmentall area by a local agency? _Yes X No 10- Will project have a major effect on existing or future recreational opportunities? _.Yes &No 11- Will project result in major traffic problems or cause a major effect to existing transportation• systems? � ' _Yes A-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 lave any impact on public health or safety? _Yes K-NO directly causi 14. Will project affect the existing community by nq a growth in permanent popula- tion of more than 5 percent Over a one-year period or have la major negative effect on the Yes �No character of the community or neighborhood? 15. Is there publii controv rsy concerning the project? . _Yes -9No Preparer's Signature: LA �JAA Reoresenting: 1 ZBA y/75 te: q RUESTI0'7NAIRE TO 3E =-1PLE.7E0 :1N0 SUMUTT71D WET11 :OUR r',PL'Ll: :,'i LU;J CO::1115 'i'U T11L: uUARD %A' t',t,P1-.,L Please complete, sign and return to .the office of the Board of Appeals With your completed application forms. If "Yes" is answered to anv questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and subdiit other supporting documenta- tion. 1. Are there any proposals to change, or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes No b) Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or below ground level, such as patios , foundations , etc? Yes No 4. Are there any existing or -proposed fences, concrete barriers , decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height . at more than 35 feet above average ground level? State total: " ' 1O ' ft. Yes NO '-7. Are there otherpryemisesTunder your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting. land under your ownership, if any) ? Yes No State Permit # and Nature: 9. Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes Town Board Yes Town Trustees Yes County Health Department Yes Village of Greenport Yes ACL N.Y.S.D.E.C. Yes Nn Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No .w r ' 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses , or land area at an ,eleva- tion of five feet or less above mean sea level, have . you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed MML Please submit photograpris for ttic recorca. I certify that the above statements arc true and are being submitted for reliance by the Board of Appeals i consi Bring my application. Signature (Property Owner) ( ucno au i�gent) QpmLl�. EM, 1/88 8 o. 1TLANDS (11mended fi-''f-7(i li•y L.L. Vv. '2.1976: ,Z.�(;- . JY A. TIDAL W,[:TLANDS: (1) All lands venernlly covcrrc.cl or intermittently cov- ered with,ur Which'bordvr on, tidal water:c, or lands IyinK beneath tidal waters, which at mean low tide are covered fly tidal water3 to a m-kximutri depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps. meadows, flat:; or other low lying lands subject to tidal action: (2) All banks, bogs. mradows, flats and tidal marsh • subject to such tides anci upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordWrass, high bush, cattails, groundsel, marshm;dluw and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection AI•.'_) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESIiWATER WETLANDS: (1) "Freshwater wetland~" as defined in Articic?4, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and - (2) All land immediately adjacent to.1"freshwater ivet- land,"as defined in Subsection B(1)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwatvr wetland." ( 9705 1 - FORM ,NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17747 Date February 7, 1989 THIS CERTIFIES that the building ADDITION Location of Property 315 PVT Road #2 MacDonalds Crossing Laurel, N.Y. . House No. Street Hamlet County Tax Map No. 1000 Section 128 Block 6 Lot 19 Subdivision Filed Map No. Lot No. conforms substantially to 'the Application for Building Permit heretofore filed in this office dated APRIL 16, 1984 pursuant to which Building Permit No. 13044-Z dated APRIL 17, 1984 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is FURNACE ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to DOROTHY F. CAREY (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N835463-OCTOBER 1, 1987 PLUMBERS CERTIFICATION DATED N/A u lding Inspector Rev. 1/81 c FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. ..Ta..a 37.8........... Date .................................June..22....... 19....62 THIS CERTIFIES that the building located at pvt....rd.•..off Pecoriic $ay,.AIVA*eet .............. ......... Laurel Map No.Ravatone Block NoSeCt& I Lot No. ....... * ..................................................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ............................ ................... 1962.... pursuant to which Building Permit No. ....Zi.A67.3 dated March..23:.............. 19.. •••••••••••••••••• 62.., was issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is .......... ZM %...Qi .. W ..l,?WE".=Q. ................................................................................ This certificate is issued to ... Frederick S. Carey, owner .......:............ ................................................................................. (owner, lessee or tenant) of the .aforesaid building. Building Inspector I OF.29 LrMR4JJ4 PAGEJi7U Bargain and.Sale Deed, With Covenant—India or Corporation. lur,j„ s� - 'i Be Used By lawyers Only: It is unlawful for any person,except a lawyer, to prepare and receive compensation for documents affecting real estate." Coto Atbri�tturv, made the 20th day of February, 1 6],, BETWEEN FREliERICH S-. CAREY, residing at 19 Homewood Avenue, Yonkers, E. County of Viestchester, State of New York, *' F. a party of the first part, and F'REDERI CY S . CAREY and DOROTHY CAREY, his wife, e� p .' both residing; at 19 Homewood Avenue, Yonkers, County of Westchester. State of New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of — — — — — — — — — — — — — — ' _ _ _ _ _ One ($1.00) Dollar , lawful money of the United States, and other good and va_luable_ c- onsideration paid by the party of the second part, does hereby grant and release unto the party of the secodd part, their heirs , or successors and assigns forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being jmjdx at or near Laurel, Town of Southold, County of Suffolk and State of New York as shown on map entitled, "Map of Edgemere Parks at Laurel, I,. I . , N. Y., D. R. Young, Surveyor, Riverhead, N. Y. dated March 1931" and filed in the office of the Clerk- of the County of Suffolk on July 22, 1931 under map filed NT!o.742 and which said lot is more particularly designated as and by the Lot 7o.7 on said map, and being more particularly bounded anddescribed according to said map as follows: EE,3INNING at a point on the easterly side of an unnamed Road- way distant 320 feet southerly from the corner formed by the intersec- tion of the easterly side of an unnamed Roadway with the southerly side of Peconic Bay Boulevard; running thence along the southerly side of Lot 6 on map aforesaid north 69 degrees, 29 minutes East 159 feet to the westerly. side of land now or formerly of Ceorge B. 7oodhull; run- ning thence along land of Woodhull south 31 degrees, 50 minutes East 33 feet to the northerly side of another unnamed Roadway; running thence along; the northerly side of said Roadway south 51 degrees , 07 minutes ';`rest 137 .08 feet to the extreme easterly end of arc of .a curve —, which connects this unnamed Roadway with the Roadway first above men- tioned; runninc thence in a northwesterly direction along said arc of a curve leaving a radius of 14 .08 feet, a distance of 23.01 feet to the easterly side of first unnamed Roadway; running; thence along the easter- ly side of said Road north 35 degrees, 16 minutes West 68 feet to the point or place of beginning. SUBJECT to covenants, easements, restrictions and benefits affecting lots on the aforesaiC map. TOCE21=LR with the right title and interest of the party of the first part to the perpetual right of way over rdC__ Avenue as laid out on the aforesaid map for ingress and egress to Peconic Bay and Peconic Eay Poulevard; and together with the perpetual right to use the beach on Peconic Eay at the foot of Edge mere Lvenue; and to the use of the Dock and Basin on the Channel re- � served for the owners of lots on the aforesaid map. e f and rights of the part TOGETHER with the..appurtenances and all the estateg _ Y 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, and assigns forever, AND the party of the first part covenants that it has not done or suffered anything whereby the said premises have been incumbered in any way whatever. 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 for this conveyance and will hold the right to receive such consideration as a trust fund to be applied for the purpose of paying the cost of the improvement and that the party of the first part will apply the same first to the cost of the improvement before using any part of the total of the same. for any other purpose. executed this deed the day and year first above written. IN WITNESS WHEREOF, the party of the first part has The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. ',� . - C� ) _._ ...................... - L.S. FRLC-1ICK S . Ct.� .�' ..................(L.S.) STATE OF NEW YORK. COUNTY OF S"OLK ...: STATE OF NEW YORIt' `)UNTY OF ss.: a On ge 9_0tklay of February 1961 , before me On the day of 19 , before me personally came Fl ED ER I CK S. C A`'.EY personally came to me known to be the individual described in and to me known to be the individual described in and who executed the foregoing instrument, and acknowl- who executed the foregoing instrument, and acknowl- edged that he *RVING e. edged that executed the same. Rotary Public State o' New York. No. 52-2016900 Suflolk STATE OF NEW YORK. COUNTY OF ss.: STATE OF NEW YORK, COUNTY OF 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 de- the subscribing witness to the foregoing instrument, pose and say that he resides at No. with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides that he is the at No. of that he knows , the corporation described to be the individual in and which executed the foregoing instrument; that described in and who executed the foregoing instru- he knows the seal of said corporation; that the seal ment; that he, said subscribing witness, was present affixed to said, instrument is such corporate seal; that and saw execute the same; and that he, it was so affixed by order of-the board of directors of said,witness, at the same time subscribed h name said corporation, and that he signed h name as witness thereto. thereto by like order. m ,� p E" •�;��:�; tea: " .°mod za. z.;zraoox= QQ a F m o >�z�§jzaz;"Wzo��;t�Hz O -P 6xzda4 z0 OG]C; -P boa-.aaawzao�yF"aW.; a��dd0.wE3�wWFoaa � Z � •3 ° P, ¢- � aU �p°oacWazpa�axwQw` ^ Uw a' t>l W FM — Fd aMF�wDw . 0 . :� .f7 CI., ,m c� E� V' ww WrziMWWE"AE• w=a�ZW A •►' .. O la 1 ZO'.E"�W`.+CBWWWdWWpp WW d F„W ,( •� V D .ri y w- J, y v'FE zWm�F E-W z'" vFi zv�.kv>>qWQ rT' 3.' F-+� ';' 0Fo � �'" aaz 44W��a�Wa ate► i> y O O W Q: '� � d�o�0`n��d'g4�xa[�z�C3t` �A-, -N � U CCE ~=z -Z b�xC'a� Orsl 5 ,c, a3 U ct a q,jCac�iWpC�pNd�tFndF�^ ca Q A C7 f W F-i W 'd �p ti��v� zy�fOW��o z b r0 r-I 'J F{ nmao ��m ^r.�� O~ .� .. ]CV -,q [� CO fi; i i v � w o � Itt_i;u;it; 10 o\° i \0 gG� Q y � • � � t. s�� V: 0 a S r COUf�YY "To do Used By Lawyers Only:It Is unlawful for any person,except a Dwyer, ' to,prepare and receive compensatioe documents affecting real estate." R .�. y ARIPWITU, made the -20th day of FebruQry, 193icF1 1ETWEEN JOAId S. COSTANZA, residing at R.P'.L. 2 in the town of Hunting— ( ton, County of Suffolk, State of New York, F. a party of the first part, and FREDERICK S. CAREY and DOROTHY CAREY, hi s wife, both a) w0 residing" at 19 Homewood Avenue, Yonkers, County of Westchester, State of New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of — - — — — — -- — — — — —One ($1.00) Dollar , lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby graV�ald.= W release unto the party of the secodd part, Ia'REL•LRICI; S .C�iR Y an d DOROTI'Y C_gRFY }}��i forever, ALL that certain plot, piece or parcel of land, wi the uildings and improvemenison situate, lying and beingi;pPA at or near Laurel.. Town of Southold, County of Suffolk and State of New York, as shown on map entitled, It Yap of Edgemere Park, at Laurel, L.I., P .Y., D. R. Young, Surveyor, Riverhead$ F.Y. dated I,!arch 1931" and filed in the office of the Clerk of the County of Suffolk on July 220 1931, under map filed No.742, and which said lot is more particularly designated as an& by .the Lot No. 6 on said map, which said lot is more particularly bounded and described as follows; BEGINNIMG at a point on the easterly side of an unnamed road- way distant 270 feet southerly from the corner formed by the inter- section of the southerly site of Peconic Bay L.oulevard with the easter- ly Fide of unnamed _7oadway; running THFF?CE along the southerly side of Lot 5 on map aforesaid north 69 degrees 29 minutes Last 149 feet to land now or formerly of Georbe B. Woodhull; running Ti11:2XE along land of 'Vdbodhull south 31 6egrees 50 minutes East 50.99 feet; running THEidCE along the northerly side' of Lot 7 south 69 degrees 29 minutes Vest 159 feet to the easterly side of Roadway; running THEeICE along the easterly side of said Roadway north 20 degrees 31 minutes Vest 50 feet to the point or place of beginning. SUBJECT to covenants, easements, restrictions and benefits affecting lots on the aforesaid map. TOGETHER with the right title and interest of the party of the first part to the perpetual right of way over Edgemere Avenue as laic" out on the aforesaid map for ingress and egress to Peconic Bay and Peconic Bay Boulevard; and together with the perpetual right to use the beach on Peconic Bay at the foot of Edge- mere Avenue; and to the use of the Lock and Basin on the Channel re- served for the owners of lots on the aforesaid map. TOGETHER with all rights created by covenants, easements, res- trictions and benefits affecting lots on the aforesaid map9 of record* 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, and assigns forever,. AND the party of the first part covenants that it has not done or suffered anything whereby the said premises have been incumbered in any way whatever. 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 for this conveyance and will hold the right to receive such consideration as a trust fund to be applied for the purpose of paying the cost of the improvement and that the party of the first part will apply the same first to the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part has executed this deed the day and year first above written. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. I , J0HI S . CC` T..P?ZA 0.4 Mom k.. STATE IF NEW.TORK.�COYNTY OF SUrFOLK o+.; STATE OF NEW TOM COUNTY OF On t[ie ,t th~day of Fobruary K-_ ,before me On the day of 19 , before me personally cue--- _ T r .personally came c JOHN COSTI.;1ZA to me known to be the individual. described in and to me known to be the individual described in and who 'executed the foregoing,jnsyument, and acknowl- who executed the foregoing instrument, and acknowl- -edged that, he,-' ecuted the same. edged that executed the same. :� �l;ram Mn6RM 26MY•FtAlfc state of bw No. 52-2016900 Suffolk CCU lem Dcpka Wnq STATE OF NEW YORK, COUNTY OF ss.: STATE OF NEW YORK,COUNTY OF a.: 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 de- the subscribing witness to the foregoing instrument, pose and say that he resides at No. with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides that he is the at No. ; of that he knows the corporation described to be the individual in and which executed the foregoing instrument; that described in and who executed the foregoing instru- he knows the seal of said corporation; that the seal ment; that he, said subscribing witness, was present affixed to said instrument is such corporate seal; that and saw execute the same; and that he, it was so affixed by order of the board of directors of said witness, at the same time subscribed h name said corporation, and that he signed h name as witness thereto. thereto by like order. • a 4 C� ODC +' i��zzbU za�se�o WoociC7E-a Aq H � cn U ow Xcr '-WWQWE E•Vp"aQ _ w .. 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I f i 12.7-13 SEE SEC.NO.125 SEE SEC.N0.126 /,• r I-2•-tb YATC.N _ LINE " SEE SEC NO 125-DI-DN3 r.�.r `.4.BE •�� 3r:a• O `/ I45 -347 4o i• cir 'I a" •+�- �� INSERT 51 • -!e••T .zi• 0 � �� O Sw1•+1'.l00' �99 wzn_1/'l I II�In•z 2 Pie• SEE INSERT•l1 I P 12 5 b I.IA O-4 Ice I ]] -/ -JD II�II I I 0 .`\• 22.1 5 0 e I.IA•22.2 23 ] ' ' I• r 1] .. S v,. 's.1 a JS' .'4 •'a •°-` SEE SEC. NO 134Is .• •/ z 4 T w A 0 r 11. 11 .._ zl ? a ,.p r• Q Ei• 4 za J• ( IO S 6 . •R •y�P g3312• ... / P N�. 21��•ar. n SAW IS P G Lalcl ' r •w.w0 1 Legend REYRAP © COUNTY OF SUFFOLK TO'Not, SOUTL P•.-y.11• c...r u•. —__IL.w.�,m Lw _—.P.—_ NIi..,r ol..L1 u,.__.x.—_ yLi�.1.L,Lx x.. an ♦KN'.L Y LwRER,1R. 5�",C.�.Or._r E°..LI.. .w.,o�.ma.u.. _—•._. R.Iw.ol,°wuw_ R.�. 0..lobw.lw a I� Real Property Tax Service Agency P.E.lI11E EY • PILLAGE OF CrJ,y yw" LA4.I.Iw Lrlw _�--_ w.lw �_�_�Ltf101..�1.1Lw __.L--_Blw1 N. O] S°JM p.w°Iw p'. ]GALE IN FEE Co—t Center RwY.Y,,I .'I—. AMLwI rLlw. ��__ P"L o�..�.rLw __.P--. P"..111. 9 b•I Arw 1]y111 1 Y DISTRICT MO. 1001 _-6N—. Y..dwln Lw —.1--- LA1.d.x+eLL Nu' gll CJ•.Ir.1 Mw Riverhead,L.I.,Now York Dm 1c"J t` r DATt u,)/2, �1 --- __-- ----_---- S 0 J _f �0- L D 0 �' 1. F k 5 G U ID c TAX MAP NJ. LAST KN04N 01 REPUTcD 04AE{ n)JnE55 Z!P 12i.-S-12 NARDI UOMINIC J d FiANCIS 4733.39 o4 PLANG( (7E CT '} r 1 "AS5ET N Y 11 3 123.-0-13.2 LhURcL H;iLDI,VG CJMPAJY 9AI.V ROAD r — 473od! ADELIN6A i CAiALANJ -JA^I SPJkT NY 11947 ------------------------------------------------------------------ ---------- --------- -- 12J. 0 1 )_3 LAJ2tiL HOLDI VG CO'ri?A'VY tAI.V duAU a73d3y JAr•7=SPOkT NY 7 1194 — 7 f L.J.-0-13.4 LAUREL HJLD!':u COttiPA•VY r 473659 IAIN dUAG JAMESPOkT NY 11947 123.-'o-14 PRIDuE'1 HILARY A -;; 473bd9 MAPLE AVE ---------- KATUNAH NY 1053b - ------------ ------------------------------------------------------------------------------- -- --------------------------- 4 73 9 r 2d.-o-1 5 PRlDiE'J rJILARY A MAPLE AVE od KATUNAH AY 1 53:- hV� ------------------------------ f, 123.-o-lo KE.'JDALL GEORvc 1 ---- EDITH 3JX 4U4 a73b:,9 ------------------------ LAUREL !.Y 1194-1 ----------------------------------------------------------------- —- --------------------------------------- 12i.-S-17 SrilTri ARTHUR L JR 'y JF 13 EVcRG1.ECN F2G 47S639 rrOX 214 ---------------------- V d CANAAN CT Lbd4J ------------------------------------------------------------------------------------------------------ __1 - AYUK JULIAN it ' JF 2 a CJPPLR dEACH u:ilVE r �73d39 JLUt 3ELL PA 1i422 ---- ------------------------------------------------------------------------------ --------------- � .3.-5-19 CAREY DOROTH JII PiLhti RD APT 4f, - - --- YJNKERS AY --10711 r -- ------------------------ --------------------------------------------------------- r — - 123.-0-LJ CAREY DOROTHY f : 611 PALr.NER kOAO 3--- ------ APT 4R YONKERS N Y ---------------------- ------------------------------------------------------------------------------- 12d.-o-21 KELLER FRANK d WF f 473,J,,)9 - P3 iJX 275 -------------------------------------------- LAJR l NY 1----------------------------------------------------------- ------------ ---------------- 123.-0-_'2 MASTROPOLO MICHAEL 9 WF - --- - I 473o.1y CJ3U P2CLNIC yAY uLU 1194 ; FO dOX olo LAJr{�L N Y — -- 12J.-o-_'3 -------------------------------------------------------------------------------------------------- WESTEE ALPHJNS s JF PU 7JX 423 PtC LAY LLVL 47J,- Ja4 !1 ----------------------- LAUREL NY ---------------------------------- a ----------------------------------- 12b. LL !•1CDJ11cLL M VICTJRIA -- � 1 y7jJ3y - PEC JAY cLVD Pi 60X 32o LAU,{EL NY 11e49 --- —- 12 HECK NILLIAA J dF 35I J r'tC JAY _iLb D ---- 73:,.,9 r 123.-S-2u -----------------------------------------------------------------------LAUREL-NY --------------1-19-4 -- ------------ HECK '41LLIAM ,, ORS -- -4 35TJ P E C JAY 3 L V J -_ -- LAU.1cL 1.1 11 •4S -------------------------- 12.1.-r,-L7 GIOIA PHILIP ; 'dF 31 3 A C L L L LA .'E --------- -- J r3T 'imsHiKuToN F.Y 11 ,J ; --------------------- 473.,;:J Y1 1 RASH-ILER CALVIn LE41S 12 FuA hCLLOW LA -------------------- -------------------------------------------------------- iv/,YP ter' • Ar L fi UREL PECO/V/C B fl Y BL V.D. 30, !S 41 / /9 0v 0 / o r � o 0 j � a 7 m o •� /6 30 it 50 W \ of � • � N N b 2.1?31 c7W HAP �, ��v— �`• \ � � W/l5 MADE Oy "MZ-E PIrOH ACTUA'G ",D 9,C 7-W,9 TE D•HA.PCN i93/. n' AND ALSa THAT - 1147ENTS A.PC HS SNO WN HEREON. 77` '•\ P.E. L.S. ��'•� --/ N.Y.sry rE TNLUO/N L/CEN3E N�'`%404. 3QU9.PE3 / D.R.YOb N6 SURVEY SCALEF SO R7VER'NEi7D N.Y. C. FILE P�D. f, FILED elf W 1L r 11. . Ir J �. s Southold Town Board ppoff eals y � 0� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 oil TELEPHONE (516) 765 1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3232 ApplicationDated. March 22 , 1984 (Public Hearings May 17, 1984 & June 21., 1984) TO: Richard T. Haefeli , Esq . ' as attorney [APpellant.(s) ] for MR. AND MRS. BERTRAM WALKER ' 130 Ostrander Avenue , Box 757 Riverhead , NY 11901 , _ Ll 5 At a Meeting of the Zoning Board of Appeals held on .August 14 , 1984 , the .above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280=a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ X] Request for Variance to the Zoning Ordinance Article III Section 100-31 , and interpretations . . . . . . . . . . . [ . ] . . Request'. f or'. Application for 'BERTRAM 'AND MARGE'RY '.WALKE.R, -by. Richard. ''T. -'Haefel-i ; `Esq. , Box 757 , Riverhead , N for a Va.r.ianCe to the Zoning. Ordinance ,- Article III , Section 100-31 , for (a ) an interpretation that -the existing cottage and garage are valid preexisting nonconforming uses and -structures ; (b ) approval of a wooden deck as an accessory structure in the sideyard; (c ) approval of a reduction of liable floor .area of .a proposed dwelling con- version to 500 sq . ft. and approval of .insufficient s._ideyards . ' Premises located at Edgemere Park , Mac D.onald ' s. Path- off .Peconic Bray Boulevard , ' . ,Laurel ; . .County .Tax Map No: .1000=.1.45-47=01.4.. . :_,.. __. . . . . . . . This is an appeal to Article III , Section 100-31 and Notice of Disapproval issued . March 8 , 1984 by the Building Inspector requesting the following : (a ) an interpretation that the existing cottage and garage are valid preexisting , nonconforming uses and structures ; (b ) approval of a wooden deck as an accessory structure in sideyard ; . (c ) ; ' approval . of a reduction of livable floor area of a proposed dwelling conversion to 500 sq . ft. and approval of insufficient sideyards_. ;` The premises in question is knownand referred to as Lots 15 through ` ; 18 , '.'Map of Edgemere Park , " filed July 2 , 19.31 as Map #742 in the Office of the Suffolk County- Clerk .. . Survey amended .March ' 21 , 1984 prepared by Young & Youn.g for the applicants depicts the following : (a) Parcel A consisting of .Lots 18 and 17 having. an area of 16 ,857 sq . ft. and an existing one-family house set back 12 . 9 feet-. from the "roadway"and ' 13 . 2 feet from the northeasterly side property line of Lot 17; _ (b ) -Parcel B consisting of .Lots 16 and 15 having ,-an area of 16 , 118 sq . ft . existing one-story frame structure denoted "cottage and -garage " set back 13. 8 ' (exclusive -of deck ) from the southwesterly side property line of Lot 16 , and 7 . 6 ' by 8' and 8 . 5 ' by 12 .2 ' frame sheds along the nort-heasterl,y property . line of Lot 15 and "roadway. " Forlthe record it is noted that' " Edgemere Park " Subdivision Map -is listed in Section 100-12 as "excepted from the lot area and ' lot .wi.dth requirements" (L.ocal Law No . 5-1973 ) . The board- members are familiar with the sites in question as well as the surrounding neighborhood. Also , the board members - have considered the testimony and documentation submitted during the public hearing both in support and in .opposition to this appli - cation . DATED: September 11 , 1984. �HAIRMAN, SOU OLD- TO ZONING" BOARD OF APPEALS . -,;� Form ZB4 (rev. 12/81) 1 1 I Page 2 - Appeal No , 3232 Matter of BERTRAM AND MARGERY WALKER Decision Rendered August . 14 , 1984 Article III , Section 100-31 of the Zoning Code allows setbacks in this "A" Residential and Agricultural District for lots contain- ing. less than 40 ,000 sq . ft . in , area as follows : (a ) minimum sideyard 10 feet; (b ) minimum total sideyards 25 feet . By this application , a variance is required to allow a setback of 5 . 7 feet from the wooden deck from the southwesterly property line of Lot 16 and total sideyards of 13 . 1. (21 . 2 feet ex.cl.usive of deck) , as shown on the March 21 , 1984 survey . Applicant has requested .in the application total sideyards of 16 . 40 feet , which does not include the stoop 4 . 8 ' reduction . .The wooden deck is located within inches from the co.ttage/garage structure for which a build- ing permit has -not been obtained and is required . It is the opinion of the board that although sufficient evidence has been presented for an intepretation as to the valid nonconforming use and setback of the principal cottage/garage structure , the applicants -have not shown that they would suffer "significant economic . injury" by the application of the area standard for the insufficient sideyard setback reductions for the wooden deck as exists , and the evidence supplied is not sufficient to warrant the sideyard relief as requested .. The Zoning Ordinance requires a 15 ' setback , or that established which is 13 . 8 (stoops exclusive ) feet. The relief requested is substantial.,. being 60% of the requirements . An insufficient setback of . nine feet would be less substantial , approximately 30% of a variance , and which the board feels sufficient under the circumstances . Also , the applicant has not submitted sufficient evidence to warrant appro.val of the reduc- tion of the livable area of the structure to less than the. required 850 sq . ft. in a- conversion to a one-family dwelling ; and accordingly , that rel.ief cannot be granted as applied. It is also the interpretation of this board that the structure . referred to as "cottage and garage" was constructed prior to the adoption of zoning in 1957 , that the -one-story building in question was and has been used , . although on a seasonal. basis , as sleeping quarters since prior to the enactment of zoning , its use for sleep- ing quarters is validly nonconforming and the building as exists without the . deck is a valid nonconforming structure . . This inter- - ` pretation is based on the evidence and testimony submitted in the record . Now , therefore , on motion by Mr. Goehringer , seconded by. Mr. Sawicki , it was RESOLVED, that : .(1 ) that the one-story building in .question was and has been - used as sleeping quarters since -prior to..the enactment of. zo.ning and therefore.._ this- _board interprets its use for sleeping quarters to be a valid preexisting, nonconforming. 'use ; _ (2 ) that the one-storybuilding in question was constructed prior to the adoption of zoning and therefore this board interprets same to be a valid preexisting ':structure" ; (3) that 'the -deck in question is in fact within inches from the subject building and is not accessory but is interpreted to be a part of the principal structure , and that the applicant has not shown "unnecessary hardship" or"practical difficulties" sufficient to warrant the granting of the sideyard reduction .and -therefore the reduction of the deck to .less than nine feet from the side.-property line is not granted; (4) that the use. of the one-story building as a one-family residence is questionable and therefore is interpreted not to be a Page 3 - Appeal No . 3232 Matter .of BERTRAM AND MARGERY WALKER Decision Rendered August 14 ,. 1984 valid preexisting , nonconforming use; and accordingly , the use of this structure with a reduction to 500 sq . ft . of livable area for one-family dwelling use is not granted . . Location of Property : MacDonald ` s Path off Peconic Bay Boule- vard , Laurel ; Edgemere Park , Lots 15 , 16 , 17 and 18; County Tax Map Parcel No . 1000-145-4-014 . Vote of the Board: Ayes : Messrs . Goehringer , Doyen , Grigonis, Douglass and Sawicki . This resolution was -adopted by unanimous vote of all the members . GG : lk - i § 100-243 SOUTHOLD CODE § 100.244 n § 100-243. Nonconforming buildings with nonconforming uses. § 100.244 ZONING § 100-250 A. A nonconforming building containing a nonconforming use ra v.M shall not be enlarged,reconstructed or structurally altered or Ar< width Depth Front side Both sid.. R... moved unless the use of such building is changed to a (.qu.t=f..o C.—K. (feet) u..o 0-0 (t«u a«o UKn conforming use. 20,aao zoc tzo too 40 is as so b 40.000 .1.:.•...�. ..m.._�._.__ B. A nonconforming building containing a nonconforming use ter tth. r_-M, et) Ito as- its zs �^ os-J which has been damaged by fire or.other causes to the extent �20'0oa of more than fifty percent(50%)of its fair value shall not be C. In the case of single and separate ownership of a nonconform- repaired or rebuilt unless the use of such building is changed /1 ing lot located in a subdivision plat,approved after April 9, to a conforming use 1957,by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County,relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front,side and rear yard and area dimensions 1 § 100.244. Nonconforming lots were required at the time the map was originally filed with A. This subsection is intended to provide minimum standards for the County Clerk of Suffolk County. granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this § 100-245. Repairs and maintenance. Article and that were singly and separately owned as of the effective date of this Article Notwithstanding any of the foregoing regulations,nothing in this Article shall be deemed to prevent normal maintenance and repair of B. A nonconforming lot separately owned and not adjoining any ^ any building or the carrying out upon the issuance of a building I lot or land in the same ownership at the effective date of this permit of major structural alterations or demolitions necessary in the Article and not adjoining any lot or land in the same interest of public safety. ` ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, t in accordance with all the other applicable provisions of this § 100-246. Involuntary moves chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the Sections 100-241A and B and§ 100-243A herein are not intended to changes of title to said lot,which abstract shall be in the usual apply to involuntary movements of uses or structures as a'result of form,shall be certified by an attorney or a company regularly condemnation actions or other litigation. doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk ARTICLE XXV County and shall contain a certification that no contiguous property was owned by an owner of the property involved ^ Site Plan Approval since the date of any previously applicable Zoning Law.Such [Added 1.10.89 by LL No.1-1989;amended lot shall be granted relief for front side and rear yard 5 23-89 by LL No.9 1989] dimensions as follows: § 100-250. Applicability. ThisArticle shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and 10144 2-25-89 10145 7-25-89 y § 100-33 ZONING § 100-30A.1 buildings and structures or other accessory uses?hall be located in the required rear yard,subject to the following requirements: A. Such buildings shall not exceed eighteen(1SI feet in height. B. Setbacks[Amended 7-17-1990 by LL No. 14-19M 2-5- 1991 by LL No.2-19911 r (1) On lots containing up to twenty thousand(20.000)square feet,such buildings shall be set back no less than three(3) feet from any lot line. (2) On lots containing more than twenty thousand(20.000) square feet up to thirty-nine thousand nine hundred ninety-nine(39,999)square feet.such buildings shall be set back no less than five(5)feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine(39,999)square feet up to seventy- nine thousand nine hundred ninety-nine(79.999)square feet,such buildings shall be set back no less than ten(10) feet from any lot line. (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine(79,999)square feet,such buildings shall be set back no less than twenty(20)feet from any lot `- line.' �. ARTICLE ILIA Low Density Residential R-30 District Southold Town Board of Appeals . MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD ) MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3905 . Matter of ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 it. from- the bulkhead. Property Location: 2260 Great 'Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4,, lot 4. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of ANTHONY J. MERCORELLA under appeal 3905; and WHEREAS, at said hearing all those who desired to be herd were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, 'and . the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south. side of Great Peconic Bay Boueevard, Town of Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 4. 2. This is an application for Variances from the Zoning code Article XXIII, Section 100-239. 4 B, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. vK _ J Page 2 - Appl. No. 3905 Matter of ANTHONY J. MERCORELLA Decision rendered February 15, 1990 3 . Article XXIII, Section 100-239. 4 B, All building located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. In considering this application, the board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located-,-. (d) that the Variance will not in turn cause a substantial effect on .the safety, health, welfare, comfort, convenience and/or order of the Town; (.e) that in carefully considering the record and all the above- factors, the, interests of. justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion.-by Mr: - Grigonis, Seconded by Mr. Dinizio, it was _= RESOLVED, to GRANT-.a Variance in - the --matter of: the - application of ANTHONY J. MERCORELLA under Appeal 'No. .,39,0.5, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 12 by 44 ft. ' deck be built on the west side of house irregularly shaped and- be 'approximately -- : 25"--ft .from existing bulkhead. .. •2, That the. deck -remain, open and unroofed Vote of--the Board: Ayes.: Messrs. Goehringer; Grigonis, And Dinizio, _ (Absent Joseph Sawicki and Serge ,Doyen) . This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN <, *••rn+ '"S K:Ctl z •tom 1y... �.w�.r...y,,-•�p,..,.� ..-.w..,,�._y--... -.. _.. A _ ..:•;r:.!c,, ,--�i'tt'ks +Yi ., Olt. w �:'}1:RL e.-'.Y `.>, r t��•.... � .Y.7-� j, •5' ti7��� "'c "'' , . ;�yh . . •` . '� � ,'r''• - to . .. ,'.?�_ •a,' _. •;gyp Nit.\.- .�; d-rf'� t �' .. ., �•- to y4 �'��-'. �_ � •'•� :�+• •' - � - - ''.-' � - �' M �.i fir.. s ,},' � 'iJj ., _:•' .�. � r •s it At- INA At '1 fn Ur f 10, tea•+ .;r: �1 �� yy��. :. _ j;.f:��i.:� -'1.• ;�_- ,'r•' f: .1 1• l r .7 :p r' t' !•` _ `yr _ ri• a ter: a t i �s Y •r '{ - _ :Y r..�n.. may y. �X• - ,•.�• tea'-Y'. +�. 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'V r;'f•' i1'.,f. } yA���•ttt sc i '• uiH�-�tS'�:��''�'R'•rq uk-t oF<-�o �N0.to z _• �;. �:�,,�.�.-K:�. •'�.:�,t�'s'��•r .,,eJ�Y a.,'i,;� 110, , . +�u-.. j�y�C-•Z��1�•.F_,l� �;,�}� :�o,��i:�'hJ�K�'.s QfPaCk .� A• _ _ J .•,� -.;._ f::.,t• •�;.:' :���'•{�,i� �K0A�•`� •1i,`iL-'"��> y(T�iR r i•'S>�:q.,� •;.':%�f'3.r'' •t-•�:j�l v,•r•=:�_•�-;� .c:4.. h{ •~ �. t`�1L.�=•VLLJI'i"P, •e::�-,-`'�r>\� ''_ ••'ii: -• ---•• - }n L—�_li:�•: �r.a�,'��•�'_ '\' • / ( Tit/,- No. 161686-5 J . CAN\C , PE ' NO 0 V� *0 Fj 01 �o N� sp9s0• ��A/ O o. 6g0llt 29 G 6 \5g OO d) a- Z \-Ot \yg pp �`9q, o �.pL. 00 .�O. 6 g,2g 0 W O� p0 $. a 1 ��Yhpp5� --10L) ILL)ALIERAII(N1 OR AU011(0d 11 O THIS SURVEY 15 A VIOLATION OF iECTION 7209 CN EHE NEW YORK STATE :DUCATION LAW. se I 9 1991 I _OPIES OF THIS SURVEY MAP NOT BEARING 'HE LAND �UVVEY'OP.'5 INKED SEAL OR :MBOSS£D SEAL SHALL NOT M CO�GI0ERE0 10 BE A VALID T;UE COPY ;UAP,AMTEES INDICATED HEREON SHALL RUN )NLY TO THE PchSON FOR WHOM THE SURVE9 5 PREPARGD, AND ON HIS BEItALF 10 THE "ITLE COMPANY, GOVERUMENIAL AGENCY ATaD CNDING INSTITUTION LISTED HLREGN, AND 7 THE ASSIGNM OF THE (.ENDING INSTI- `.ITt;'+hl. GLIARAWT ES ARI 10T f�Ari}FEaACL1 SURVEY FOR -, .,� FREDERICK S. & DOROTHY F. CAREY�-ate " <:r.y LAUREL _ Y,� ' TOWN OF SOUTHOLO >' �j' `' �O It S. NOTE ' A C ■ :MONUMENT SUFF. CO. N. Y. ii� �t n el �' LOT NUMBERS REFER TO MAP OF� GUARANTEED "EDGEMERE PARK FILED IN THE OFFICE u I GUARANTEED T; L a gRTGAi SCALE: I = 4O (TIT L 16rg6 ,S) F OF THE CLERK OF SUFFOLK COUNTY. DEC. 28 1960 NORTH FORK BA` & T}t�ST G + SlEPTA9,.1962PROF s� LAND SUIRVEYOR,N.YS RIVERHEAD, N.Y. �+c _' '" BOARD OF APPEALS TOWN OF SOUTHOLD in the Matter of the Petition of Samuels & Steelman Architects NOTICE • TO to the Board of Appeals of the Town of Southold ADJACENT TO: Mr. and Mrs . Julian M. Bayuk PROPERTY OWNER 284 Copper Beach Drive Blue Bell, PA 19422-2821 YOU ARE HEREBY GIVEN NOTICE: t. t 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] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Corner of Edgemere Ave and McDonalds Crossing in Edgemere Park, Lauel, New York 3. That the property which is the subject of such Petition is located in the following zoning district: Low density residential R-40 4. That by such Petition, the undersigned will request the following relief: frnm frnnt yard setback to add small addition and deck. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article TTT Section 100-32 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of.such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. ,Dated:" September 17, 1991 Samuels & Steelman Architects Petitioner Dorothy F. Care Owners ' Names : y y P 9s� Offfice Address � 235 Main Rd, Cutchogue, NY 11935 ¢' Tel . No. (516 ) 734-6405 1I [Copy of sketch or plan showing proposal to be attached for c.onven.ience purposes . ] - PROOF OF MAILING OF NOTICE- ATTACH CERTIFIED MAIL RECEIPTS NAME ADDR SS PS Form 3800,June 1990 (Reverse) Sent to - MR MRS JULIAN Street&No. M BAYUK 284 COOPER BEACH Po.,State&ZIP Code DRIVE r f. L BLUE BELL PA Postage 19422-282 i I Certified Fee J 1 l Special Delivery Fee 100 Restricted Delivery Fee Return Receipt Showing rn to Whom&Date Delivered - Return Receipt Showing to Whom' O '° Date,&Address of Delivery 7 TOTAL Postag &Fees Postmark OD 'S .. I E y EP a 1 a e { STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: residing of .Z�� 2C�'�► �d being duly,sworn, deposes anti says that on the day of , 1,9 'aj / ,deponent mailed a.true copy of the Notice set forth on;the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite.their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at /7• ;that said Notices were mailed to each of said persons by (certified) (registeredT mail.. . ... . . Sworn to bef .re-me this day of, 1.9 q Notary Public1,931 o (This side does not have to be completed on form transmitted to adjoining property owners . ) BOARD OF APPEALS, TOWN OF SOUTHOLD. In the Matter or the Petition of Samuels & Steelman Architects NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT } TO: Hilary A. Pridgen PROPERTY- OWNER Maple Ave. Katonah, NY 10536 YOU ARE HEREBY GIVEN NOTICE: r• 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] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Corner of Edgemere Ave. and Mc Donalds Crossing in Edgemere Park, laurel, New York 3. That the property which is the subject of such Petition is located in the following zoning district: Lour density residential 1t-4n 4. That by such Petition, the undersigned will request the following relief: from front bard setback to add small addition and deck. 5. That the provisions of the Southold Town.Zoning Code applicable to the relief sought by the under- signed are Article III Section,' 100-32 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: September 17,' 1991 Samuels l Steelman Architects . Petitioner Owners ' Names : Dorothy F. Carey Post Office Address 25235 Main Road Cutchogue, NY 11935 Tel . No. ( 516 ) 734-6405 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] , Q h PROOF OF MAILING OF NOTIU-. ATTACH CERTIFIED MAIL RECEIPTS NAME . ADDRESS / P 733 437 653 Certified Mail Receipt No Insurance Coverage Provided ® Do not use for International Mail POSTA uNnELusTnrSERVICEeS (See Reverse) Sent to HILARY A PRIDGEN x' L Street&No. MAPLE AVENUE P.O.,State&ZIP Code KATONAH NY 10536 Postage 75 Certified Fee , Special Delivery Fee v Restricted Delivery Fee Return Receipt Showing a) to Whom&Date Delivered o o rn Return Receipt Showing to Whom, Date,&Address of Delivery TOTAL Postage �\�,j ,R•. r)' ® &Fees V pal MPostmark or rate' O E ry E �. k 1 44 1 STATE OF NEW YORK ) ss:: COUNTY OF SUFFOLK) 'residing at �S2 3 _`"' 3 •�h��- // .5' being duly sworn, deposes and says that on the / '` day of , 19 9/ ,,deponent.mailed itrue..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 curren assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registers mail. 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