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HomeMy WebLinkAbout3985 Wiwi &� r APPEALS BOARD MEMBERS SCOTT L: HARRIS �,°, F4;; l Su Gerard P. Goehringer, Chairman ��, ..� :ti ,q�:°r pervisor Charles Grigonis, Jr. Serge Doyen, Jr. r Town Hall, 53095 Main Road P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS DELIBERATIONS/DECISION: Appeal No. 3985: Upon Application for HERBERT AND CATHERINE LINDVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Article XXIV, Section 100-244B. for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) . Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width of this parcel are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road #12) , Southold, NY; County Tax Map Parcel No. 1000-87-4-7. WHEREAS, the public hearing was held on November 29, 1990, and all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low-Density Residential R-40" Zone District and is referred to as District j r Page 2 - Appl. No. 3985 Matter of BER'BERT AND CATHERINE LINDVEIT Decision Rendered December 13, 1990 1000, Section 87, Block 04, Lot 007 on the Suffolk County Tax Maps, situate along the southeasterly side .of Windy Point Lane, Southold, Town of Southold, New York. 2. The subject premises as exists: (a) contains a total combined lot area of 10,688 sq. ft. with 65.00 ft. road frontage (lot width) ; (b) is improved with a single-family dwelling as shown by the applicant' s sketch of a survey indicating setbacks as exist from the bulkhead at 33 feet, from the westerly side yard at 4.7 feet, from the easterly side yard at 14 feet, and total side yards at 18.7 feet, all from their closest points. Also existing on the site is 'a frame shed and concrete block building for the well, both located in the nonconforming front yard area. The frame shed is situated 3.4 feet from the westerly side property line. 3 . Article IIIA, Section 100-30A.3 of the current zoning 'I code (as amended January 9, 1989) requires a minimum side yard of15 feet and 20 feet, total sideyards at not less than 35 feet. IJ 4. Article XXIII, Section 100-239.4B requires a setback of not less than 75 feet from the bulkhead along Corey Creek. 5. The relief sought by this application are variances for approval of: - (a) reduction of the westerly side yard for the proposed cantiliver (over-hang) of two feet; (b) proposed open deck construction and reconstruction (including a new second story) to be set back 23+- feet from the bulkhead at its closest point; (c) total side yards at 13 .7 feet (without over-hang) and at 9.5 feet with cantilevered over-hang. 6.. For the record, it is noted that the premises abutting this parcel on the west side received side and rear yard variances on September 21, 1989 under Appl. No. 3865 (Burst) . r" Page 3 - Appl. No. 3985 Matter of REgBERT AND. CATHERINE LINDVEIT Decision Rendered December 13, 1990 (Appl. No. 3985 - LINDVEIT decision, continued: ) 7. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density, since the parcel has been since prior to 1964 and presently is improved with a dwelling; (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) the difficulties are due to the uniqueness of the land and are- not personal to the property owners; (f) that in view of the manner in which the difficulties arose, and in con- sidering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #5,, supra) , in the Matter of the Application of HERBERT AND CATHERINE LINDVEIT under Appl. No. 3985, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck construction proposed at the easterly side be not closer than eight (81 ) feet to the property line (may be clipped to conform with the 8 ft. setback) ; 2. That the deck remain open and not fully enclosed; 3. That the setbacks be not closer than 4.5 at the- westerly side and not closer than 8. 0 feet at the easterly side (with the exception of the two-foot over-hangs) , as applied {more particularly shown on the September 18, 1990 survey prepared by Peconic Surveyors, P.C. ) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, consisting of all four members at this time. is r adopted. ' ill.LCEIVED AND FII,ED BY THE SOUTHOLD TOVjil CI,� HOUR 'GERARD P. GOEHR ER, CHAI I rT a , may APPEALS BOARD MEMBERS SCOTT L. HARRIS ` mr Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing continued from November 1, 1990. 7: 35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE LINDTVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Article XXIV, ,Section 100-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road 412) , Southold, NY; County Tax Map Parcel 1000-87-4-7. r � Page 2 - Legal Notice Hearings to be Held November 29,. 1990 Southold Town Board of Appeals 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek) . Lot is nonconforming as- to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7: 45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239. 4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15. feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 - Legal Notice✓ Hearings to be Held November 29, 1990 Southold Town Board of Appeals 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES .by Sanford Friemann. variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot 43 and for approval of insufficient lot depth of proposed Lot #2., in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19. 596 acres. - 8:05 p.m. Appl. No. 3977 - BETTY J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 -: ttTN REFINING `& MARKETING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for interpretation as to height limitation of accessory (canopy) structure, and (3 ) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly .Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. PP Page 4 - Legal Notice - Hearings to be Held November 29, 1990 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area- in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8: 35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A( 1) , as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, w�idth ,and depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. Page 5 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 8:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B) } and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Greenport. Continued from November 1, 1990. 9:15 p.m. Appl. No. 3975 ARTHUR G. CARLSON. Interpretation and Variance to the .Zoning Ordinance, .Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of. shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops Page 6 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC) . Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13 .2. Continued from November 1, 1990. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS - GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------'------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . .OCTOBER. 12, . . . . . . . . . . .. 19 .?O . . To . "R ERT. f,, CATHERINF.LINDTVEIT. . . . . 634 ADAMS PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WEST HEMPSTEAD, NEW YORK 11552 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . .00TOBER.3; . . . 109. . . for permit to , . CONSTRUCT ADDITIONS TO EXISTING.ONE.FAMILY DWELLING. . . . at Location of Property , 625 WINDAY POINT LANE (.PVT. ROAD 12) SOUTHOLD, A-Y. House No. Street Hamlet County Tax Map No. 1000 Section . . . . .87. . . . . . . Block . . . .4. . . . . . . . . Lot . . .7. . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .UNDER.ARTICLE 1MV . . . . . . . . . . . . . . . . SECTION 100-244B. PROPOSED ADDITIONS AND SECOND STORY ( CANTILEVER ) WILL HAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INSUFFICIENT SIDE AND TOTAL SIDE YARD SETBACKS. ALSO UNDER ARTICLE XKVIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 100-239.4 B. PROPOSED CONSTRUCTION WILL BE LESS THAN/75 FEET FROM THE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BULKHEAD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ACTION REQUIRED BY THE ZONING BOARD OF APPEALS AND BY THE BOARD OF TOWN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TRUSTEES. . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �uild� 9 nspector RV 1/80 RECEIVED TOWN OF SOUTHOLD, NEW:YORK- � x ® PPE 'c DECISION OF BUILDING INSPECTOR APPEAL NO. S.tb*W Jiwn C191k DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) l�ueaift...........6.34..AiAl)iQ...Ela=.............................. Name of Appellant Street and Number West„Hempstead... .. ..................................... ...N.J ..............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION. OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .......................................... ........ WHEREBY THE BUILDING INSPECTOR DENIED TO Herbert & Catherine Lindtveit �_._... ........."__ Name of Applicant for permit of 634 Adams Place West Hempstead, NiY: ' 11552 .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( .. ) PERMIT FOR OCCUPANCY (X )Altpn e family dwelling 625 Windy P Lane (Pvt. Ad.#12) 1. LOCATION OF THE PROPERTY ..................................................................................................... Street /Hamlet. / Use District on Zoning Map District 1000 Section 87 Block.4 Lot 7 Current OwnerHerbert & Catherine Lindtveit .................................................... ... .i.o............:. Map No. Lot No. Prior Owner Patricia Jayne 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Z Ordfinance by number. Do not quote the Ordinance.) Arti cleXX1V & Secti on —24 B & 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 Law Chap. 62 Cons. Laws Art. 16 Sec. 286A 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 Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because As the house now stands, it cannot be used as a year ..round dwelling. This house was built for summer use with 538 sq. ft. -of living space. It is open underneath, with exposed water pipes. It has one small bedroom (81x i0' ) , a small bath' with shower (no tub) . The rest of the area serves as kitchen and living quarters. Due to its one bedroom (and overall .-small size) we cannot entertain overnight guests. Daytime visitors are mainly entertained outside on the present deck. We would lik.e. to make this our year round residence, We wish to enlarge the first floor living area to include the present deck, and then add a new deck. We also want to add an attached two car garage. We also wish to add a second story with a two foot overhang on each side to increase that living space. That area to include an upper deck with' a fantastic view; Also a family room and bedrooms, and bath. Two of our children (we have four) live, out of state, so their visits require an overnight stay. 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 All, horpes, in the immediate vicinity are summer homes- .and cannot .be' used year' round, except the -neighbor' to our right, that house was renovated this past summer. Most other homes have larger lot sizes with the dwelling positioned .more favorably. 3. The Variance would observe the ,spirit of the Ordinance and WOULD NOT CHANGE THE _ CHARACTER OF THE DISTRICT because There would still be ample room between the deck and bulkhead to pursue the same activities we do now.. It would not adversley affect the wetlands nor would it be an impediment to our neighbors"I[or district. STATE OF NEW YORK ) -- ss ...... �, -......................... COUNTY OF,4 ) Signature Sworn to this ..........................a. , ......... day of...........Q. ................... 199 U N t ry Public IRIS Ft.BEGORA Notary Public.State of New York No.48 4751 Qualified in Suffolk county C)� Commission Expires Jan.31,19 TOWN OF •SOUTHOLD PROPERTY RECRD CARD ', 'y A •� L , - L ;. 6 OWNER STREET VILLAGE DIST. SUB. LOT Co Re Ch:�'j ' FORMER OWNER �. N' r. E ACID. S ,k., - ;-,y j-c CJ 4 W TYPE OF BUILDING RES.: SEAS. Z� VL FARM COMM. CB. MISC-. Mkt. Value LAND IMP. TOTAL DATE REMARKS /C., o G � /3 e 1Pel Ayer T. ro o'-° Z ' ° ° / / G Cj 3 �" r�eGc�ci �4'S ng� )3Sy o u /( o v a--o o 41,1/7 r = 1'-91 4 a a 11 Z, �E l3 BUIL ING CO I NEW NORMAL BELOW ABOVE FARM Acre .Value Per Value Acre J. - A. Tillable 1 Tillable 2 Tillable '3 & r Woodland :- Swampland FRONTAGE ON WATER t'l( (F, ys o Brushland,., FRONTAGE ON ROAD p` House Plot. DEPTH S / O c rin f— t j ., =. 1 -. BULKHEAD .Total` M1 '-; =_" DOCK • •' ■■■■■■■ MOEN ■■■■■ ■■■■■■■■■■■■■■NONE ■ ti M■■■■■ ■■■■■■■■■■■■■■■■■■■ ■■■■■■ ■■■■■■■MMMMM MMMMIME r . ., .� 1 �i 'ar ■■■■■■■ ■®■■■■■IA SFIV! 1■■■■■■■■ z ram• ■■■■■■■■FMB ■■■�■■■■■■■■■■■■ ■EMEMMENMEMEM Oman MOMMMOMIMM ■■■■■■ ■MMMMMM■■■MM ME■■■■ ON momSM mom ■®■■®■■■■■■■■■■■■■■ ■■■■■■■�■'■ ■■■■■■■� ■■■■■■MEIN®®■■■■■■ ■■■■■■ i�.�' MOM _nterior Finish • WIPMR, Rooms 2nd Floor, ®_ Breezeway Driveway - Garage Patio ® 4: • B. r s� d �U� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOt ` FORMBR OWNER N (/ Cr E �/ �° ACR. �• 44. � -C tin � /9 ��P /]//>�5'CGj j2 1 ,,babe �� P,Su�s�rfL_ +A, Fink S, W TYPE OF BUILDING co-4.4,/ RES. SEAS. VL. ARM COMM. CB. :MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 6 1) U D S !or 1y Z �. .7 pod" GRR/}9sr 14Cr- �3L1 s. iro ./ �a73 S,�L y��aaa,�olp �S �9 /P�c o7° 1,s Ces-To- i4 A.Fi;r�(�►�� / 6 v 2 6 �/- 5�-�3. �� 3 7-L/0 7 - irk �r �s-��r/e P nk L 1 DS 7 ! - n J ►'n d I've ' AGE BUILDING CONDITION D- - k°y _,44 e, 4o qee, �±C _ 713• Soo NE/V NORMAL BELOW ABOVE FA(M Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland leg ; Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH Al BULKHEAD Total DOCK r ■■■■■........■...........■■■ / �, ti• `;?"d: rr=r. _ ■■■■■■■■■ ■■■■■■■■■■■■■■■■ - y ■■mom■man MMMEMMENMMNMMMEMIMM TRIM SEEM y. _ ;d► ■■■■■6' ffi'u■ ■■�l®�S■■■■■■■MEMO■■■ B onoON no ■■■I■■■■■■■■■■■■■■■■■ ffiMM INMENNEMENEEMM r - �, w, ■■■■■■ ■■■■■■■■■■■■■■■■■■■■ ■■■■ ■■■■■■■■■■■■■■■■■■ Found Extension Basement &tension Ext. Walls Interior Finish — —0 ®Aecreation Rooryi Rooms 2nd Flooj • r Dormer Driveway .c MAR 5 1991 1 1{ TRUSTEESISCOjI'I L. HARRIS John M. Bredemeyer, III, President yt� . ,_ _ ;Supervisor Henry P. Smith, Vice President Albert J. Krupski, Jr. -° Town Hall, 53095 Main Road John L. Bednoski, Jr. P.O. Box ]179 John B. Tuthill BOARD OF TOWN TRUSTEES Southold, (5 6) 765 823971 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 February 21, 1991 Herbert Lindtveit 634 Adams Place West Hempstead, NY 11552 RE: SCTM 41000-87-4-7 Dear Mr. Lindtveit: In addition to our field inspection at the site of your home on February 5, 1991 the Southold Town Board of Trustees conducted a file search and discussed your application at our February 14, 1991 meeting. As a result of our review, we require that you submit to us additional information for your application as well as the $150. 00 application fee. Your application must be processed formally due to the scope of the project and the concerns of the conservation advisory council. Items which we need to complete processing of your application are: 1. Please date your application 2. please submit additional detailed drawings and descriptions of how you will handle slopes and run-off to neighboring properties to the east and west of yours 3 . We need to know whether you plan to replace your sanitary system as part of your proposed grade change. 4. Show provisions for drywells or drainage swales for all roof run off. Thank you for your cooperation in these matters. ry tr�11-y yours, John M. Bredemeyer, III President, Board.of Trustees `� cc: ZBA;' CAC a� i COUNTY OF SUFFOLK '�st♦ PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 December 31, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Herbert & Catherine Lindveit 3985 S. H. Friemann & Others 3987 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 11788 (516)360-51 92 f gbr ' APPEALS BOARD MEMBERS SCOTT L. HARRIS x n Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr.' ���� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 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 XXVIIISection 100-239. 4B XXIV 100-244B Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit Appeal No . : 3985 Applicant: HERBERT & CATHERINE LINDVEIT Location of Affected Land: 625 Windy Point Lane , Southold ,NY County Tax Map Item No. : 1000-8.7-4-7 Within 500 feet of: Town or Village Boundary Line _X Body of Water (Bay , Sound or Estuary) ' State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County, State or Federally. Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing .or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant i-s requesting permission to construct additions less 75 ' from bulkhead an.d reduced side yards , on nonconforming area and width of existing dwelling . Copies of Town file and related documents enclosed for your review. . Dated : 12/19/90 APPEALS BOARD MEMBERS C= SCOTT L. HARRIS Gerard P. Goehringer, Chairman �'� Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road P.O. Box 1179 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 19, 1990 Mr. and Mrs. Herbert Lindtveit 634 Adams Place West Hempstead, NY 11552 Re: Appl. No. 3985 - Variances Dear Mr. and Mrs. Lindtveit: Transmitted for your records isa copy of ,the determination rendered by the Board of Appeals at our December 13, 1990 Special Meeting concerning the above application. Please be sure to return to the Building Department and any other agency which may have jurisdiction for appropriate approvals. A copy of this decision has simultaneously been transmitted to the Building Department for their file and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copy of Decision to: Building Department Suffolk County Department of Planning Pore, 6 - q0 to / De.A ;K 1 �o lit , y /000 -� 7- -0y- 07 0.1 3 ' APPEALS BOARD MEMBERS 2 r SCOTT L. HARRIS • 4F Supervisor Gerard P. Goehringer, Chairman Q Charles o�- Grigonis, Jr. 'y01 `�� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 November 15 , 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3985 Project/Applicants: Herbert and Catherine Lindtveit County Tax Map No. 1000- 87-4-7 Location of Project: Windy Point La. off S/s Bayview Rd. , Southold , NY Addition and alteration to existing dwelling within 75 feet of bulkhead Relief Requested/Jurisdiction Before This Board in this Project: This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. . Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617.2jj . For further information, please contact the Office of the., Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. `:c 4` ��� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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. ' Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies to the following on or about 11/13/90: L.I. Traveler-Watchman (delivery 11/13) -_ Suffolk Times, Inc. (delivery 11/13 ) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. ✓Rr. Herbert Lindtveit (hand-delivery 11/13 ) Mrs. Beverly Lehr (hand-delivery 11/13 ) Mr. John Scaramucci, P.O. Box. 1043 , 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq. , P.O. Box 562, Greenport 11944 (Re: Copin) John M. Wagner, Esq. , P.O. Box 279, ,Riverhead 11901 (Re: Sun Oil) Donald M. McGayhey, Esq. , Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St. , Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq. , P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, Southold 11971 n Island Sound and with side Parcel ID No. 1000.90-1-23; NOTICE OF HEARINGS yards at less than the required 15 Cedar Beach Park Lot No. 125. lops a � ` '-NOTICE IS HEREBY feet and 20 feet.The dwelling as filed Map Na 90. sale distribution. !kalk"and +_ GIVEN, pursuant to Section exists is nonconforming as to 8:35 p.m. Appl. No. 3981— conches to be detirered for oft= = ' j •,..267 of the Town Law and the premises consumption or sa1e� ?: ltotal sideyards,and the lot area PHYLLIS RAYNE BYER. one District: 4%;Code of the Town of Southold, and width are nonconforming in Variance to the Zoning Ordi- Agricultural. the following hearings will be this R-40 Zone District. Loca- nance, Article III Section Co��(�Location of '4 held by the SOUTHOLD Property,. 1575 Lower Road,—l�:`. lion of Property: 645 Glen 100-30A(1),as disapproved,for TOWN BOARD OF APPEALS { Southold,NY'County Mix Map "� at a Regular Meeting, at.the Court,Map No. NY; Vista approval of second dwelling I pawl No.1000-69-5-132.Con- !'"- Bluff Map No. 5060, Lot #1; apartment unit,as exists.Build- � Southold Town. Hall, Main tinned from November t, 1990. i Road, Southold NY 11971, on County Tart Map Parcel ID No. ing as exists contains two dwell- :: :The Board of A ' 1000-83-1-7. ing units and retail store in this Appeals will at THURSDAY,NOVEMBER 29, 7:55 p.m. Appl. No. 3987— Limited Business (LB) Zone said time and place hear any and I . 1990 at the following times: all persons or representatives do- 7:30 p.m. Appl. No. 3972= ' HBtS ASSOCIATES by Sanford District. Lot is nonconforming siring to be heard in each of the " Friemann.Variance to the Zon- as to lot area,width and depth. PETROL. STATION LTD. above matters. Written com- ing Ordinance, Article X, Sec- Location of Property:Corner of, Hearing continued from tion 100-102(Bulk Schedule)for South Side of Main Road and ments may also be submitted November 1, 1990. prior to the conclusion of the approval of insufficient frontage � the East Side of Bay Avenue, T:35 p.m. Appl. No. 3985— (lot width)(as exists)along the Cutchogue, NY, County Tax subject hearing. Each hearing HERBERT AND CATHER will not start before the time al- "NE LINDTVEIT.Variances to Main Road of proposed Lot#3 . Map Parcel ID No. .1000-85- lotted.Additional time for your and for approval of insufficient - •'3-2.1. the Zoning Ordinance,-Article lot depth of proposed Lot#2,in 8:45 p.m. Appl. No. 3973— Presentation will be available,if ..:XXVIII, Section 100-239.4B JOHN AND ROSE MILAZZO. needed.For more information, this pending minor subdivision, `Wand Article XXIV, Section please call 765-1809. . and for approval of access ac- Variances to the Zoning Ordi- 100-244B for proposed one- nance, Article XXIII Dated: November 9, 1990. cording to New York Town Law, , Section , story and second-story addition BY ORDER OF Section 280A over a private 100-239.4 [a/k/a 100-239d(B)] with two-foot over-hangs(can- right-of-way.Zone Districts:B- and Article. XXIV, Section THE SOUTHOLD TOWN tilevers). Portion of additions General Business and Agricul- 100-244B for permission to BOARD OF APPEALS will be less than 75 feet from tuml-Conservation.Location of locate addition and reconstruc- GERARD P. GOEHRINGER bulkhead along Corey Creek CHAIRMAN Property: North Side of Main,-:' tion of dwelling structure with and will reduce both side yards Road, Cutchogue, NY; County setbacks:(a)at less than the re- By Linda Kowalski to less than the minimum re- 1X, 11/15/90(30) aired at 10 and 15 feet. The Tax Map Parcel ID No. quired 75 feet from the bulk- dwelling 1000-102-2-24.Total area: 19.596 i head, (b) at less than the re- dwelling as exists has noncon- acres. quired minimum 35 ft.rear yard forming side yards,and the lot at its closest point,and(c)at less 1 area and width are also noncon- 8:05 p.m. Appl. No. 3977— , P + 1 forming15 to this R-40 Zone Dis- BETTY J. COPIN. Continued 'than the required 10 d and at from November 1, 1990: ft. minimum side yards, (d) at . trict.Location of Property:625 less than the total side yards re- Windy Point Lane (Private 8:15 p.m. Appl. No. 3788— aired minimum of 25 feet. Road #12 , Southold, NY; SUN REFINING&MARKET q ING. Variances to the Zoning Existing dwelling structure is County Tax Map Parcel nonconforming as to the nor- 1000-87-4-7 Ordinance, Article X, Section g 0-8 100-102:(1)for permission to es- therly side yard, the rear yard, p.m. Appl. No. 398 — and the setback from the bulk- q BARRY AND BEVERLY •tablish convenience store use in head.Lot area and width is non- � LEHR. Variance to the Zonin conjunction with and accessory g to the existing gasoline station conforming in this R40 Zone Ordinance, Article III, Section use on this substandard parcel District. Location of Property: 100-30.2A for approval of the 9 Island View Lane,Greenport, location of accessory building Which contains less than 30,000 located in an area other than the sq. ft. in lot area; (2)for inter- NY*,County Tax Map Parcel ID pretation as to height limitation No. 1000-57-2-20. 'required rear yard and located of.accessory(canopy)structure, 8:55 p.m. Appl. No. 3955— within 75 feet of the bulkheads° and(3) for appro al of canopy DOMINICK SBLENDIDO & along Goose Creek(a/k/a West structure in the front yard loca- A.AURICCHIO.Interpretation Creek).Lot is nonconforming as requested regarding second kit- to lot area and width in this R-40 i lion.Location of Property:Cor- re q g g Zone District.Location s Pro- ner of the Easterly Side of Fac- . . chen facilities and its relation to tory Avenue and Northerly Side I 'single-family versus two-family perty: 15 Sun Lane, Southold; of the Main Road, Mattituck, i uses,and a variance for addition also referred to as Lots 1&2 on with an insufficient front and the Subdivision ma of"'West NY;County Tax Map Parcel ID e p No. 1000-142-1-27. + setback. 185 Inlet Lane,Green- Creek Development)filed July port. Continued from Novem- 8:30 p.m. Appl. No. 3983— i 6, 1937 as County File No. 1236. ber 1 1990. County Tax Map Parcel ID No. JANET MALONEY. Variance � ; 1000-ty Ta. to the Zoning Ordinance,Arti- 9:15 p.m. Appl. No. 3975— 7:45 p.m. Appl. No. 3988— cle XXIII, Section. 100-239AB ARTHUR G. CARLSON. ANTONIO VANGI.Variance to. for approval of deck within 75 Interpretation and Variance to feet of bulkhead along Hog the Zoning Ordinance, Article the Zoning Ordinance, Article III Section 100-30 as disa XXIV,Section 100-244 and Ar- Neck Bay. Lot is nonconform- ( c- ticle XXIII, Section 100-239.4, ing as to lot area in this R-40 proved by the Building Inspec- for permission to construct Zone District.Location of Pro- tor) for permission to accept perty: 30 West Lake Drive and delivery of shellfish from local "garage addition with a setback of less than 100 feet from the 2505 Little Peconic Bay Lane, waters t i o shuck the shellfish, top of the bluff along the Long Southold,NY.County Tax Map and to deliver or ship the scal- COUNTY OF SUFFOLK STATE OF NEW YORK ss: M. Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman onceeach week for . . . . . . . . . . . . . . . . . . . el. . . . . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . . . . day of ./. . . . �. . ., 19 9� . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . Sworn to before me this . . . . . . . . . . . s. . . . . . . day of . . . . ... . . �d ? .!. . . , 19 . . . . . . . . . . . . . .� Q , mow. . . ... . . . Notary Public BARBARA A.SCHNEIDER NOTARY PUBLIC,State.of Ma Ye* No.4806846 Qualified in Suffolk Commission Expires d' 3.192 } .�J NOTICE OF HEARINGS �„ NOT GE 112d.LEREBY GIVEN- pursuant to Section 267 of the Town_ Law and the Code of the Town:Cii? Southold,the,following hearings?; will be held by the SOUTHOLI)'' TOWN BOARD OF APPEALS at y Regular Meeting;at the Southold.„; Town Hall,Main Road,Southold,.'N NY 11971, on THURSDAY;I:'• NOVEMBER 29,,1990.at the foI ': lowin times: .. 7:30 p.m. App1i'No. 3972 PETROL•STATION LTD.Hearing.:, continued from November 1990. 7:35 p.m.'.Appi.No..3985 —. HERBERT AND CATHERINE LINDTVEIi;�Yeriances to t(te;"Tt- ing fkdin`ance,Articie`1QC�1$,Sec lion 100 239.4B and Article XXTiF tt:Mam Road Cutchogue NY County aide yards required minimum of 25 Section 100-244B for proposed one- Yiut Map Parcel ID No. 1000402-2- _ feet. Existing'dwelling structure.is` Story and second-story additions with 24.Total area:19.596 acres. nonconforming as to the northerly":: two-foot over-hangs(cantilevers). 8:05 p.m. Appl. No.'3977— aide yard,the rear yard,and the set- Portion of additions will be less than. .. BETTY J.,COPIN.Continued from.:'''' " back from the bulkhead.Lot area 75,feet from bulkhead along Corey November 1,1990.- .-. v:' :->..::' = :`•.and width is nonconforming in this• Creek and will reduce both side yards `' ,-8:15 ,.<. . y P m. Appl. No. 3788 R-40 Zone District. Location of to less than the minimum required at SUN REFINING&MARKETING ".Property:9 Island View.Lane, ; 10 and 15 feet.The dwelling as exists Variances to the Zoning'Ordinance; Greenport,NY;.County Tax Map:"---.;,,,`-. has nonconforming side yards,and Article X,Section 100-102:(I)-for '' ParcelIDNo:1000-57-2-20. t the lot area and width are also non- permission to establish convenience..` '' 8;55 p.m. Appl. No. 3955 "_ conforming in this R-40 Zone Dis- store use in conjunction with and DOMINICK SBLENDIDO&A. irict. Location of Property: 625 accessory to the existing gasoline►°6:..:,.;AURICCHIO. Interpretation=: ;Windy Point Lane(Private Road Station use on this substandard par ',.'-'tequeated regarding second kitchen N12),Southold,NY;County Tax Ma cd which contains less than 30,000. facilities and its relation to single- Parcel 1000-87-0 7: Sq.ft.in lot area;(2)for interprets- family verses two-family uses,and a >. .7:40 p.m. Appl.No. 3986= Lion as to height limitation of acces- -; variance for addition with an kw ffi- BARRY AND BEVERLY LEHR.:. gory(canopy)stmcture,and(3)for . •cient frontyard setback. 185 Inlet Variance to the Zoning Ordinance, . approval of canopy structure in the Lane,Greenport. Continued from Article III,Section 100-30.2A for front yard location._Location of . _.`.`-November 1.1990. ::. $� approval of the location of accessory Property: Comer of the Easterly 9k15 p.m. Appl. No. 3975 building located in an area other Side of Factory Avenue and `ARTHUR ' G. .CARLSON than the required rear yard and Northerly Side of the Main Road, '`Interpretation and Variance to the ,u located within 75 feet of the bulk- Mattituck,NY; County Tax Map ,Zoning Ordinance,Article III,Sec- head along Goose Creek(alk/a West Parcel IDNo.1000-142-1-27. lion 100-30(as disapproved by the Creek).Lot is nonconforming as to 9:30 p.m. Appl. No. 3983 Building Inspector)for permission lot area and width in this R-40 Zone :,.; JANET MALONEY.Variance to the to accept delivery of,shellfish from ;::;''• " District. Location of Property: 15 '', Zoning Ordinance,Article XXIII, :,:local waters;to shuck the shellfish,;..t: Sun Lane,Southold;also referred to Section 100-239.4B for approval of and to deliver or ship the scallops as Lots 1 &2 on the Subdivision ..deck within 75 feet of.bulkhead :;, ; t and/or conches for wholesale distn map of"West Creek Development"56 --along Hog Neck Bay.Lot is non bution.Scallops and conches to be fled July 6,1937 as County File No conforming as'to la area in this R r��,delivomi ford f premises consume 1236.County Tax Map Parcel ID 40.Zone District.Location of Prop .-f` tton or Sales~Zone.District:Agricul No.1000-76-1-1. erry:30 West Lake Drive and 2505 rural Canseryauon(AC)'Location f 7:45 p.m. Appl. No. 3.988 Little Peconic Bay Lane,.Southold, of Property:"1575.Lower Road, ANTONIO VANGI.Variance to the NY County Tax Map Parcel ID No Southold,NY;:County Tax Map Par T Zoning Ordinance,ArticleXIV, �'-1000-90-1-25;-Cedar'Beach Park i ' 'cel No. 1000-69-5-13.2 CoContinued`X Section 100-244 and Article XXIII, Lot No.125.filed Map No.90. from November i,1990. ,.. Section,100-239.4,for permission to 8:35 p.m. Appl. No. 3981 :.The Boatel of Appeals w►I1 at said construct garage addition with a set-, PHYLLIS RAYNE BYER Variance • time and place hear any and all par back of less than100 feet from the to the Zoning Ordinance,Article III,•:; ;;sons or representatives desiring to be top of the bluff along the,Long "Section 100-30A(1),as disapproved, , heard in each of the above matters Island Sound and with side yards at for approval of secortd dwelling .. Wn'tten,00mments may also be-sub less than the required 15 feet and 20 apartment unit,as exists.Building as �'muted prior.to the'conclusion of the feet.The dwelling as exists is non= exists contains two dwelling units subject hearing:Each.hearing will orming as to total sideyards,and and retail store in this Limited Bust not start before the time allotted • .a the lot aria-an ar - ness(LB)Zone District.Lot is non f`,Additional time_,for.your_pre conforming'in this R-40 Zone.Dis- conforming as to lot area,width and sentation will be available,if need , trio Location of Property.645 Glen depth..Location of Property:Comer 'ed.For more information,please all Conn;Cutchogue,NY;Vista Bluff of South Side of Main Road and the 765-1809 <a.Ma Na 5060 Lot MI;CountyTax East "Side of"-Ba Avenue .'Dated:.NoSember9,1990 P . y: " =Map Parcel ID NO.1000-83-1-7. Cutchogue,NY;County Tax map :' ..!;BY ORDER OF THE SOUTHOLD 3 7:55 pm.Appl.No.3987—H& Parcel IA No.1000-85-3-2.1::. 'DOWN BOARD OF APPEALS S ASSOCIATES by Sanford Frie- :8:45 p.m. Appl- No. 3973 ;.,;GERAR•b RGOEHRINGER. -mane. Variance to the Zoning Ord►- JOHN AND ROSE MILAZZp CHAIRMAN nonce,Article X,Section 100-1 OZ%� Yanances to the..Zomng Ordinance, f` w>$y Linda Kowalski ; } (Bulls Schedule)for approval of in= XXHI,'Section l00-239 4 6867-1TNI5 sufficient ftontage(lot width);(as (a/k/a'100-239d(B)) and Article ` exists),along the Main Road of pro:. ;;'r XXIV,•Section.100-244B:for pet '"posed:Lot S3 and fonapproval mmsaton to locaie addition and re insufficient loedepth of proposed Lot- 'ConatroctiOn.of dwellin structure 42, in this endin minor sub= 8 pending s' w►th setbacks: (a).at less-than the - vmsion,,and for a val of acceas X"r ¢i ppro a tequimd 75 feet from the bulkhead)t� according to New York",Town Law; , '(b)at less than ihe-ii4iiimd mmi rj s:Section280A over a private right-of mum,35 ma is d closest way Zane Districts:B General "�;" point and (c)at less than the re pp suss alms AgripyhUr�pgmsetvataott x Y �4mred 10Wft sand 15 ft minimtmi h 7 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Sharon Rock of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy,has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 15 day o f November 1990 Principal Clerk Swom to fore me this day of '19 °A York Ur.l1:�`1'•i't l�jf;i, `:il�'.1}��YLvi Tern EYOIP-s Felr.iri f Now,, t = r:'x4:. :;y fc r APPEALS BOARD MEMBERS Q ,, . E l �+ SCOTT L. HARRIS Win Supervisor Gerard P. Goehrin er, Chairmana , g t � ' Charles Grigonis,-Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road �.4 P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 31, 1990 Mr. and Mrs. Herbert Lindtveit 634 Adams Place West Hempstead, NY 11552 Re: Appl. No. 3985 - Variances for Additions _ Dear Mr. and Mrs. Lindtveit: This letter will acknowledge receipt of your application for a variance and. confirm that the Board Members will be individually conducting field inspections and reviews as .may be required by state and local laws during the next couple of weeks concerning your application. The public hearing on this application is expected to be held on November 29, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of. hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be , sent to you as confirmation (with the exact time) in the near future, with publication in the newspapers by our office at least one week before the hearing. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. Also please furnish two photographs of the flagged areas, as well as that area between the house and the bulkhead for the file. Should you have any questions, please feel free to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski o Z y • Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town :Clerk Dated: October 23, 1990 Re: Zoning Appeal No. 3985 - Herbert 8 Catherine Lindtveit Attached hereto is Zoning Appeal No. 3985 of Herbert and Catherine Lindtveit for a variance. Also included is a diagram of the property and bulidings; copy of deed; Notice of Disapproval from the Building Department, .dated October 12, 1990; ZBA Questionnaire form; Short Environmental_ Assessment Form; Notice to Adjacent Property Owners; and surveys. • 004 • r Judith T. Terry Southold Town Clerk LL-' '"' IUMIJE,t 617.21 ' APpencii SF- I� State Environmental Quality Revir-W SHORT ENVIRONMENTAL ASSESSlIMENT FORui PART 1--pROJECT INFORMATION (To For UNLISTED ACTIONS Only 1. APPLI ( he completed by Applicant or Project sponsor) CANT!SPONSOR Ae +- �— h 2. PROJECT NAME : 3. PROJECT LOCATION: •��� .ts tNunleloallty 1 �( \ \O\A ` � 4. PRECtS County S E LCCATION(Street address and road intersections,prominent landmarks. LA' etc,dr provide map) S. IS PROPOSED ACTION: CC]New ❑Expansion t� fi• DESCAIB "�'!•lodifieatlon/alteration E PROJECT BRIEFLY: 7. AMOU:Ir OF LAND AFFECTED: Mitialty b 9. Y/ILL PROPOSED ACTIONNCp PLY WITH E�(ISTING ZONING acres ❑Yes �No It No,describe briefly A OTHER EXISTING LAND USE RESTRICTIONS7 3. YlHAr IS PRESE/IT LAND USE W VICINITY OF PROJECT? IRResidcntial ❑Industrial 0, Commercial Describe: ❑Agrlcultura ❑ParWForest/Open space ❑Omer la. STATE A R LCAL17 INVOLVE A PEAltlr APPROVAL,On FUNDING.NOW Oil STATE OR LC ULTIMATELY FROM ANY OTHER GOV ❑Yes (yam ERNMENTALAGFuCy(FEDERAL 1`�1!o If yes,list agency(s)and Perm!l/approvals I1, COES ANY ASPECT, CF THE ACTION HAVE A CURRENTLY VALID pEAMIr Oil APPROVAL? ❑Yes 1�I ll0 1!%es,list agency name and permit/approval 12. A$A NESULf OF PgppO,_EO a �yI (:TION WILL EXISTING PERM IrIAPpi{OyAL({EOUTAE hI001FICarION? ❑Y•5 1l0 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPlic]nilloonso► name- 74 C / \?4 �l Date: %®-•zk—r6. �narurv: , It the .action iS in the COastal Area, and you are a state agenc Coastal ASsessment Form before proceedin With y� complete the 9 thiss assessment OVER (Continued on reverse side) The N.Y.S• Environms. and bof efore- tyra.tion an env1nanmentalireview Review willcbercaulrns submi,sion an ac is take aac Ly this .,uaru ' S1101" t'•TVTro-,,LTFITT` I;rST�CC^-�•;S_ r• ASSESSMENT F(7R}1 that the to order to answer the prcoarer will us questions in this short ' Project and the likely imoactsis rontly available information oncerninQs=e d additional studies, research or other t the action_ It is not Cxnectcd that investigations will•be undertaken. nificant and any question has been answered Ion Environmental Yes the project may _ Assessment Form is necessary.b Sig fc) If all Project is ons have been not signiticant• answered No it is likely that the (d) Envircn"'Rntal Assessment • 1. Will Project • to the prod[ result in a large physical chance ro]ect site or physically alter more ' than 10 acres of land? 2• Will there be a major change to —Yes ;:0 unusual land forts on the s ite? any unicua or 3. Will project " _Yes X .rd an ex alter or have a large effect oisting body of water? n 4• Will project have a -Yes X -To groundwater quality?potentially, large. on S. Will _Yes ��rO Project ices? icantly effect drainage flow on adjacent sites: 6. Will oro Yes ect Plant or) eck p s? animal s c any threatened or endangered 7. Will Yes �yO air quality? project result in a major adverse. effect on-- 8. Will project have a major effect _^Yes `o actor of the cor•_nuRit• on visual char_ known to be importantftortheenicccM views or vistas - community? 9. Will _Yes -ZNo project adversely impact any site or struct- ure of historic, pre-historic, or Palcontologicsl' importance or any site designated as a critical envircnmental area by a local agency? 10. Will rd ec _Yes x NO future recreational major effect on existing or pportunitles? 11. Will __Ye s _�`ro cau�epro]ect result in major traffic problems or syntem1ma)dr effect ? to existing transportation 12• Will Project .Yes >( NO noise, glare,rvibration, orcauseelectricaladis odors, ancc as a result of the ,s turb- pro]ect Operation: 1]. Will `Yes Y,No or satetr�ct have any impact on public health 14. Wili protect affec �Ycs �P10 directlyt the exiztinq cor.•munity by tion Otmocusinq I grow" in, permanent populs- pertod or a titan p rcent ov have eL' i an e-year character of a major negative effect on Yes —�lo the cormunity or neighborhood, 15. Is there public controversy concerning the pro]�ct? Prep, rer's Signature: ,Yes �•rO 224rV/7S .1q: Date: QUESTIONNAIRE . FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate {sheet may be attached. ) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {}� } No. (If Yes, please attach copy of. "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes } No D. 1. Are there any areas which contain wetland grasses? yes 2. Are the wetland areas shown on the map submitted with this application? NC6 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? CE.1 Is there a depression or sloping elevation near the area of _Proposed construction at or below five feet above mean sea level? N. A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? rAe me_ If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? SLa If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own. other land close to this parcel? NO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel `J U,rn m�Y h o , and proposed usen� �ou.•nZ v�e5��.ev�ce Authori ed Signatifre and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 �. TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5.84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No.2-1976; 3-26- 85 by L.L.No.6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but-not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, .tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 2-25-85 • �//r camels?Tom LAWM awl f�n0 aifem�—"/ �O M ev awe Mate. TM!NMCnVM reset the lot day of � ttw"00111 bom*W M lfilt��td W"VEM PATRICIA A. JAYNS, residing at No. 260 II 1 s et,. ► i a Rrooklyn,Naw York, ?` J .. �° y n I party of the first pan,and H!3R9.RT-LIXbTv IT and CATR$RI1S LINtff'PSI ble wife,both residing at No. 63k Adams Stree% Bast NOWStolid# Now Yolk, party of the second part. A r ' WTrWZS@W that Ow.party of the brat tart.inconsideration oh Ten ><10.008 , b fw rruurt.of the t;niwa States. and 6th* Rood.ind'..valasble eonai•iarattp,pda by the party of the wooed part.dugs hrrrin pant end rckese torte the party of the monad ptt,grarBteBgs M successor.and auipti of the ptnv of.the wymd part Were ' ALL that ccerttairaphH,pimv or parcel of land. .ith the hull er and iarp_gA;s ihmtea lyi»e and hrirq 104411111 at gayview in the Town of Southald,County of Snfrelk and '-tat* of day, York,bounded and deactibed as follewet 3MI4YIW1 at a. men ent' on the southeasterly 11ne or a 16.5 fist right of way at the nt herly c orrrr of lan0 convVed to Rita- Pascua, and the wester y eomer.of other'land nOWOV fo=*:PIT Of i?enry C.Bunce ani ';artrude 3tuto'e,fr m said point ofr,beginninss ai:F'sIW3 along said southeasterly liner North 46 degrees 36 sinatof ' 5Q seconds East. 65.0 feat to a momuasnti —, sj VENCE along lead of Boke,South 18 degrees 30 aisntes 00 aNin f yet 143 feet to ordifwry high water mark of Corey's Cr"kj ' TFFi21C6 along the ordinary high watog Mart of Corey's •O k,, a tie line bearinF South 28 degrees 1h Minutes 20 sesbiids 1I 63a9? feat to land of Rita Pascua{ 71t.B'7CE along said land Worth 22 degrees 56 Minutes' 10'60066 NWif":r 160 feet to the point of beginning: r M%_1 'iigR with right of way 16.$ fee,t-:i.n width,the N•st*vWi" 64 ` Southerly lines o: v-,Loh are described as follovst-�- 3W;MTW1 on the westerly corner of'the pretaises b0tiinsbwe dosariDsd and runninrr Worth 46 degrees 38 Minutes 50 aeeots @ isN 162A feet; , TH=iWTJTH 64 degrees 43-minutes •50 seconds east 119.32 fsptf TH-7YCE South 66 degrees'30 mimttes 00 seconds 'Bast 5%0' festj TFPMS North 25 dogreed 16 Minute* 10 seconds Ems! 459.86 tea! 66"0 the Southerly.line of Beyview Road., SUWBCT to a Mort gga¢e origiwilly, la thd. sma,.of -0���0� 1: dated September 21,1965, and each by the party it tbs Tit�i ; r . to 0erttddo [.Etmee;upan vhioh there is now QnelFhe stz♦�:. ' �;,, r S',009.02 ,togsther with, aecrued inter'est,whish nortsap thi Parties of the second part asstnM and•agree to'pay.in atasydnmq �, with the terms thereof. n .f . a y tr �VW,title and in'tene,it any of the party of the Ate part In'and to any streets and tlaada ai!tWlt,we don dean'>xd peeniaes Po the center lint4 thrreaf.' fly t'.fif appatrteaattocs and all the estate and rights of the party of the fire port in and to Amm PONIV4 a 04ft AMIO MW the prentiws herein granted unto the pasty of the second part. the Mir. or �r .Miamraf and 821�m of the PRAY of the second put (ore.er. ' r '��pr:1•t it, t p 01 .- '..:•. AMdf effete AIM pan wt ■that the party of 1M first port his rwrt done or suffrrrd arrythutg D*%my do I aas Ir httren ' 6ereA in■ny way whilreH,tacrpe as afoees8id s '.� . Min 4iis 1irM pari.•in with Srftwm 1.1 of the T wn Iiw,errrfNartb that the party i,l ;i _ p. • thln 6tf PM ai/lioabe ilte eonaidkrat' for this conve),anee and will held the rightb receive such frmvel MEN,'-f I midmis a t+lfat findr Mr'ttptpttied,tint a the Pnp*Y•r„f payiteR the rnu rd IM imptoeeyrtrrN and will apY`tr sac i 06 6.t*'R b*&pOMM pf the cost otthe itnprr,vrm nt 10h,rr using any part of the anal.,f.the vamp f„r AMIN • ttaor� halt he oofieruef at if it read"lrnei whenrvrr the sen.r„f We in.lrmurr ., r"".0 r. t aar •the party hhe first pan ha,duly r.-ut,4 this deed ale Jaw arwl yrar Gro .1.w ' Patrlcln A. J47n• s t.athorine L I&I tva e - • e 0 i � • i t 1 t 111.6529 ?Au 5m rrea eltttfib roam t 06M M m WAVII Maw 6W Gomm M • `err Ow do 1 a t `I r April 19 69.kefwe tar Oe tie 1 a �d Orn. . 'itf��tlalir tar P �— 6 LINDTvE1T and ' PATRICIA A. JA7NE -- CATflS7tINE Lam* ' •. a to mar kaewa r be tie I eMtrl demesied In sad whir to me kadea to be"the Idsi" a AVOW V tad ere esrertsd tie f iastrtassea6 and adrowlat1W, that fisatraed tie faPTOWC isetratstetrt.and edawhtyrdldrt . she they"W rtsd Me to IL �1t.t P ..t "�1, ••y�C��U /�.�/., '. " aTAea ev ttaer TMR vaewn M wA EVA"M am COMI r M �, � an. (, 013 the day of 19 before wr Ora tic day of beh"eta 1r sonny came Oeraottalhy tame w n-known.who,bring by tree duly sworn,did depose and to toe known.who,bei by me dWy ivieM did di pm ttttd vi that he reawkm at No. may that he modes a,No. t that he is the that he is the v ul of thr corporation&w Imed tie oorponrha dmaAd in and which executed the foreloitrg instrimeett; that be in sand wkhh estctrted dw fare-oitt�Wstira(! 1! known the rah of aid .q��+ors�nn; that the Berl at<saed kssosn the seat of rid oos}watiaa; that thtart l,aRlltd l to laid inorument i. +ucN corpnratr sal; that it was so to said imtrumem is sues aatporaMs seam it w W Y affixed by ordef of the hoard of directors of amid corpora- anted by onkr of tht'bnat'd of dheam d GNPW*- tmn, and that he signed It name thereto by hike order. tion, cad rid he sigmd b are Ihtetet0 by lbe er�%r. i; 3saN.fa aM U.Ie ieeA T. G ►CTtoet , \\intniA•.\vi 1,.nw�i f.awnri 4 �. . fate rtu 3 C� &LOCK � LOT PATRICIA A. JAYNE- ffl� of 02HOU .' Thera of Soatbld, i. f. tt H9RHL?RT LINDTVSIT and At tts�mw r no 8da so Us tvv-i CATY.:°IRE LI1V7fVSITmhie rife I anvrw ar•araM Tor - n.a.r twr w atw for slat w wes wwswnn 0 •aa� +T�a ism��AN'��-- '' l vallq Streame;[14 X.Ya-up 0 THE HTLE GUARANME COMPANY t a a �^ . RE'COR�Eti 1 =J O J 3e C"of SW"ca.w SI/1IE OF NI_W Y011K Courtly of Suffolk I, Ef)WAFID 1-1. IIOMAINF,Clerk of Ilia!Cot nly of Suffolk anti Clerk of 11in Supreme Court of Ilie Stale i� of New York in and for sail Cot nly(said Court being a Count of rlecord)UU i iEnEBY CEI T IFY that I have cornPared the annexed copy of Deed Libel __ 5 __ f''1 -- `�(..-_._._ f?E?cortit�t� `� anrf Ihal it is a just and true copy of Such original 40� and of the whole thereof. IN 'I FS1 Ifv10NY WI 1Er1EUF,I have luereun se n y hand and affixed the seal of said County and Court this day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....e�, Clerk. f-orrn No. 104 12-100..121e0c@ fimesr ?44 • 4tIV sw 0 3.GA(l) 4 2T el.I OF MIN.L. 41.) uol lo 11.4 9.b A IIA 46. 32 Ate) 21 xtp C; d 'UE stc. NO.133 1l.IAW MEW SAY #o ILL Legend REI RAP @ -OUNTY OF SUFFOLK To"m SOUTHOLD PC @ ;251: *4 Rea roperty Tax Service Agency VILUGE OP p_m 1[-.... . . — n ]C::.:,1;;—, — P_, f. Y � "kT wix ME � � y - i`• =\ NO SON •`•' �� • 'rid ■� F �: �� / • ,�,/ '/ •• _ate r . sC1�� � IKEY I.RO SA �.7 v ,�• � •tom �— ,,arc: ����tj ���■i■�. ri ���� - Irs- Southold Town Board of Appeals -7- October 16 , 1975 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED , Shirley Wexler , Beach Court, Gardiners Bay Estates, Lots 161-166 , be GRANTED permission to maintain accessory tower of over 10 feet in height located on the south side of Beach Court (Private Road) , East Marion, New York, Map of Gardiners Bay Estates, Lots 161-166 , as applied for. Subject to approval of The Suffolk County Planning Commission. Vote of the Board: Ayes :- Messrs : Gillispie, Bergen, Grigonis , Hulse . PUBLIC HEARING: Appeal No. 2085 - 8 :10 P.M. (E.D.S .T. ) upon application of Herbert and Catharine Lindtveit, 634 Adams Place, West Hempstead, New York for a variance in accordance with the Zoning Ordinance , Article III , Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road No. 2 , south side Bay View Road, Southold, bounded on the north by H. Isles; east by Corey Creek; south by C. Burst; west by Private Road No. 12 . Fee paid $15 . 00 . The Chairman opened the hearing by reading the applica- tion for a variance , legal notice of hearing; affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch indicating that the house is close to Corey Creek and the access is over a private road which measures 65 feet and is the width of the lot to the north which borders on Private Road No. 12 . The property has a depth of 143 feet on the easterly side, 160 feet on the westerly side, and approximately 63 feet on Corey Creek. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HERBERT LINDTVEIT : I am the applicant. THE CHAIRMAN: This is a very eloquent presentation. I have never read an application that expresses the problem as well as this . . . the problem of accessory buildings and legal front yards . MR. LINDTVEIT: People who own beachfront property consider the side of the property that faces the water the front yard. The tide sometimes floods the rear yard. Accessory buildings on the water would block the view. `Southold Town Board of Appeals -8- October 16 , 1975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that applicant requests permission to :cnnstruct accessory building in front yard area on property located on the south side of Bay View Road, Southold. The findings of the Board are that this is a reasonable request because of the risk of flooding of the rear yard. .: The Board agrees with the reasoning of the applicant and compliments the applicant on his eloquent presentation of...the problems concerning people who own property on thewater. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be .shared by all properties alike .in the immediate vicinity of this property and in the same use district; .and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion''by Mr. Grigonis, seconded by Mr. Hulse, . it was RESOLVED, -:Herbert and Catharine Lindtveit, 634 Adams Place, West Hempstead, New York be GRANTED permission to construct accessory building in front yard area of property located.'on the south side of Bay View Road, Southold, New York, as applied for. The accessory building to be located on the property as indicated on applicant ' s sketch (in file) . Subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes :- Messrs : Gillispie, Bergen, Grigonis, Hulse. There were three sign renewals reviewed and approved as submitted. On motion by Mr. Gill ispie, seconded by Mr. Bergen , it was RESOLVED that .the Southold Town Board of Appeals set 7 :30 P.M. (E.S.T. ) , Thursday, November 6 , 1975 , at the AOZZ'� . t.,N, Southold Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1 9 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 l , FAX No. (516)765-1623 APPEALS BOARD (Tn'/ MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO,JR. Appl. •No. 3865 Matter of CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition. with insufficient side and rear yard setbacks in this R-40 Zone District. Property Location: 705 Windy Point 'Road, County Map District 1000, Section 87, Block 4, Lot 6. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of CHARLES AND CAROL BURST. under Appeal No. 3865; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south of Bayview Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 4, Lot 6. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3 , for permission to construct an addition with insufficient side and rear yard setbacks. Page 2 - Appl. No. 3865 Matter of CHARLES AND CAROL BURST Decision rendered October 4, 1989 3 . Article III A, Section 100-30 A.3 , no building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth hearin in full. 4. The subject premises on the northeast side of the house will be 7+- feet from the property line, there is approximately .21 acreage at this location. 5. 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 the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) 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 note.d below. Accordingly, on motion by Mr. Grigonis, Seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the matter of the application of CHARLES AND CAROL BURST as applied under Appeal No. 3865 for approval of a addition with insufficient side and rear yard setbacks, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That on the northeast side that the bushes be trimmed back to 7 feet so to remain open and unobstructed, of a height of minimum of 10 feet, for fire apparatus or other emergency vehicles to have access around the house. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df GERARD P. GOEHRINGE , CHAIRMAN _ -- - .._. ... •;;.. (fir'. qs 'sp:}`•�: MAP OF --- ----- - / SURVEYED FOP- . -_A I ' . � = BAYVIEYV i�O D f f . � -CA�ot; M. BUR�� AT OF sou ;0 r ;t i p. �:�` .y<,:,•� bye:: . l4 I i Al Of v+ �o t+- �. h , iw . l4 k� or cCdltiort h I :n f•'.c;u^,•v ka ionof y Q �'Y Tt;::;of:hau ljj D1aW Park State pp u�ee:ion taw. P 11) iitpQ' I r� h _r1.v an not onarng �Y A l QOP 2M z:.ry'v,r•.:<ed deaf o. - Z _i,c trao CODY tt r �• 1 Gu±renteas hereon shall Mn ''•p.. 4X orq;a;!:e person for whom the survet , /'./ 6 •�r ` in rxcuare•;.<•,d on h,s h.:helf to the � S Q ' ��'� 3. `ry — ! ,'_•, -nrcnrnmen',l c;anty end T' II r N.fodA3 Si.O I t.;,..,.•,'..^.:,.�cn t:.tm1 hcxcn and pdt\'�.ti \h ti �j• /`h--' i I ,11s.3Z i u.i�,.:::;:.•v.;.ces of tha landing insti- nre not Iransfsrahle /I m ncaoonsl institutions or sutm"Utnt \ \\ I T L;�•J�Q r /3 3/ e i 4 b 'N l it OHO 14, ' iy _Up to ;rn Sca►1 i LL N•93 2�,P�,,Qq. a � � � a �.t FN E H�- p� � W� 41PQ� \�,. 3.� W A; o ~I . NOTE'ELEVATIONS REFE2 T(�MEAN. ` ,� •� c9� 1EA�NEL,_NrG.V_D, FR �.. O f NEW Y O R K---- STATE -- - ------------------RE AL ' PROPERTY S Y S COUNTY - SUFFOLK C R 0 S S_ R E F E R E N C E L I S T TOWN OF SOUTHOLD PARCEL IDENTIFICATION SEQUENCE SWIS - 47.3889 Y CK - 1988 PARCEL ID R DG N A M E LAND TO':C 40 BARES JOHN DIANE 800 87.-3-32 C RH KELLY THOMAS J C SA MCGREGOR WARREN M - 1 �200 ` 87.-3-34 C ST TIS80 MICHAEL C 51 87.=3=.35 C TM COLLINS WALTER C $ WF 800 , 87. -3-36 C OF HUMBURG WILLIAM R & WF 800 3, -¢�- -37 C UY STIBER SEYMOUR$ WF ��--T, 87.-3-38 C VR BORKOWSKI DOLORES 1.700 6, ----- 87:-3-39BA UM -CARL--.E .__&....WF -. -11IF 00 , 87.-3-40 C ON KUSTES JEAN S 1 .700 - . 51 ---8-7.-3-41 C RG LENNON JOHN A III I •7 0 , 87.-3-42 C RZ ERICKSON WALTER JR 1 .3D0 3, ___8 •- - C SS VANDERBECK FEL.ICE 87. -3-44 C TL PRIETO - RI.CHARD R 2,300 10, 4.5 C- UE PRIETO...RiCHARD 8DD 87.-3-46 C UX PR.IETO DOLORES 700 SPICER JOHN R $ WF .1 t�— �►; 87. -3-48 C WJ PALASCIANO MASSIMO J $ IP200 6, 87- -3-49 C XC E I C H L E R MILDR D A 900 2, 87.-3-50 C RF GIFFORD J ROYAL & WF 11f100 5, � 87 =-3=.50 N R F- G I FP619D J--ROYAI-&-cWF__ _...1 0. , 87.-3-51 C RY LAGUARDIA ANTHONY & WF 10,100 4, •- - C SR R A F K I N IRVI_ND $ WF 1 p 3 00 6, 87.-3-53 C TK YARO OTTO & WF 2,100 6, —8 C-UD LWN PATRIC-K W-�ANb • 87. -3-.55 C UW HAWK.INS SARA L` & ANO 1 .1DD 71 $7.=3=56 C VP VANDERBECK WILLARD _K... . _. __ 1 .10D • 87--3-57 C WI LOHN PATRICK W & ANO 1 .00D 1, 8-7.-3- C XB GRUMP ER FRANK Jam- 1 ,��0--� 87.-3-.59 C XU VANDERBECK W K 1 ,000 10 HIND WATER PROPERT 10 87.-3-61 C SO YARO OTTO & WF 2,000 21 87:= =52 C TJ MOYLE J LOUI-SE - 9 0. 87. -3-63 C UC MOYLE J LOUISE 1,200 51 -- - 0 41�0 l�0(JT-R-OTD 87. -3-65 C VO LAUGHING WATER PROPERT 100 LA U GHING WATERS PROPER U 87.-3-67 C XA LAUGHING WATERS PROPER 100 �" '7 =3=7i8 C XT LAUGHING WATERS-PROPER - -__..ice 87.-3-69 C YM LAUGHING WATERS PROPER 300 GAZZOLA LESLIE-$ ORS OD 87.-4-2 C PV GUT.IERREZ JOSEPH JR & 2,200 5, 00 KUCK GE TWUDE t 87--4-4 C RH BOGER W.ILLIAM M 1 ,300 3, C SA BOGER.ROBERT '8 + 87.-4-6.1"' C ST BURST CHARLES A & CARO 900 2, —�7--4- T NDVVEY -TIER )ERT & ' s , 87. -4-8- C OF LINDTVEIT CATHERINE-SoY -. 1 ,000 2' 87 -4' C-UY-KTR S C ti-R�i1►M0 N D-&-H EL E 9DDi3' 87.-5-1 C PS LUDECKER DOROTHY F 600 2, _787`.=5='7_�' "�" "C OL_ LUDECKER HOWARD A & -WF ___ .. --1 200�"`�• PAGE --l61`AT� 51`PARCELS(AfTIVE­y— �l O FND 16 SOr MON o o V FND MON ' V 5.1 W-�A� E p�6 oc \4 S FND co MON �p3E N R8 CONC• BLOCK SUR VE Y OF WELL BLDG. 5—I T Y N/°/F PROPER 3 a SN° _5 GAT�ERINOVEIT VIEW ' F SIN A T BA YV 2O" TO WN OF SOUTHOLD SUFFOL K COUNTY, N. Y. 1000 - 87 - 04 - 07 \ �3� J.; ` - '` f `'•A Scale 1" = 2077 o _ °°a �°k � Sep t. 18, 1990 a 6 4.7 rI N✓ °J 1� 4.4 FND i WON 4. N1°/ ° C, 0, 00 GNPR BUUl Er RS r5. POLE / J� O 4.9 Im 1� FMON B 4� Im NOTE :Property within Flood Zone 11 EE.E A4 el. 8 3/18/80. 1' _ +'!° e° oQy 0 W OIL !19- PO C, / A REA = 10,688s q. f t.. M oK Tz Prepued in accordance with the minimumtt�d, standud& for title survey& as established o - b the L.LA.LS and approved and adoppted N. Y.S. LIC. NO. 49618 for such use by The New York State Land z s�9 '� Title Association. o SURVEYORS, P.C. (516) 765 - 5020 P. O. BOX 909 MAIN ROAD ELEVA TIONS ARE REFERENCED TO N.G.V.D. . § la _ 3 SOUTHOLD CODE § 100-244 § 100-243. Nonconforming buildings with nonconforming uses. § 100-244�j ZONING § 100-250 A. A nonconforming building containing a nonconforming use 1.ot Yard shall not be enlarged, reconstructed or structurally altered or Area Width Depth Front Side Both Sides Rear moved unless the use of such building is changed to a (square feet) Coverage (feet) (feet) (feet) (feet) (feet) (feet) 20,000 20% 120 140 40 15 35 50 conforming use. to 40,0 B. A nonconforming building containing a nonconforming use 2Q00than 20% 80 100 35 /15 �) I`/25 )9 35 which has been damaged by fire or other causes to the extent 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" 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 § 100-244. Nonconforming lots. were required at the time the map was originally filed with the County Clerk of Suffolk County. A. This subsection is intended to provide minimum standards for : 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 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, 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 ifiteilded 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 County and shall contain a certification that no contiguous ARTICLE XXV property was owned by an owner of the property involved n Site Plan Approval since the date of any previously applicable Zoning Law. Such [Added 1-10-89 by L.L. No. 1-1989; amended lot shall be granted relief for front side and rear yard 5-23-89 by L.L. No. 9-19891 dimensions as follows: § 100-250. Applicability. This Article 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 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of . Herbert & Catherine Lindtveit NOTICE TO to the Board of ApU%a s of the Town of Southold ADJACENT TO: PROPERTY OWNER Board Of Appeals Southold, N.Y. YOU ARE HEREBY GIVEN NOTICE: 1. ThaLia-Lube 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: 625 Windy Pt. Lane, Southold, N.Y. Suffolk Co.' Tax Map: Dist 1000,> Sec. 87, Block 4, Lot 7 3. That the property which is the sub such such Petition is located in the following zoning district: v •� r 4 That by such Petition, the undersigned will request the following relief: variance from side amd rear yard setback requirments. 5. That the provisions of the Southold Town Zoni Code applicable to the relief sought b the u de - signed are Article XXly Section 100-244B, ArEicle XXVlll, See.1e�0-239 B [ ] . 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: 10-22-90 Herbert & Catherine Lindtveit Petitioner Ow-ners ' Namts : Same as above. Post Office Address 634 Adams Pl. . . West Hempstead: N.Y * 0, 111;752 Tel . N o. ( 516 ) 4.81-5764 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Charles & Carol Burst 7 Chatham Place, Dix Hills, N.Y. 11746 Robert and Geraldine Yee 94-233 Awiwi Place, Mi.lilani, Hawaii', 96789 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) residing at Ate, ��frL , being duly sworn, deposes and says that on the day of ����w 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at. fl — VD e that said Notices were mailed to ea h of said persons by (certified) (rem)-mail. ;_X_ Sworn to before men day , 199 Z) Notary Public JOFIN KRAMER NOTARY PUBLIC, 5tdo of New York No. 52-461',M2 - suffclk County 1/ ( This side does not have to be completed on form transmitted to adjoining property owners . ) __ - ----- —.�....,— - _ --- ----- -- ----- ------------- , --- ---- r rI, -11 9 .. > Yam , ,o«.".:e-...-. 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