HomeMy WebLinkAbout3985
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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.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 •�
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.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
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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
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�^ . RE'COR�Eti
1 =J O
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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@
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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
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l4
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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—
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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
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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 . )
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