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HomeMy WebLinkAbout3968 Al i APPEALS BOARD MEMBERS SCOTT L. HARRIS y y Supervisor Gerard P. Goehringer, Chairman r� - Charles Grigonis, Jr. ``�:� �'� r' i` 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 ACTION OF THE BOARD OF APPEALS Upon Application of IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 and Article ILIA, Section 100-239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question. is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road) , Southold, NY; County Tax Map Parcel No. 1000-68-3-10. WHEREAS, a public hearing was held on November 1, 1990, and all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony, and. documentation submitted concerning this application; 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. This is an application for a Variance under Article . XXIII,'. Section. 100-239.4A for permission to .place a new dwelling structure. (not to exceed 30 ft. by .60 ft. wide) , including decks and overhangs, with a setback of approximately five feet from the highest contour of the property referred to- as the "top, of bluff" and as more. particularly shown on the survey prepared by Peconic Surveyors, P.C. July 24, 1990. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 68, Block 3, Lot 10,. has 94.19 . ft. width at the proposed building line, and contains a total lot area of 42,930 sq. ft. 3. For the record it is noted that the property slopes considerably downward from the top. of the bluff to "Lakeview Avenue" with variations in the contours from 45 feet to 26 feet. On the beach side and main land sides of the bluff, the property is heavily vegetated. Page 2 - Appl. No. 3968 Matter of IRENE MILLER Decision Rendered November 15, 1990 The dwelling structure is proposed 138+- feet from the N.Y.S. D.E.C. wetlands (75 ft. ) setback line near "Lakeview Avenue," all of which are located just north of Autumn Lake. It is also noted that construction has been restricted in areas closer toward Lakeview Avenue for sanitary and building construction as a result of the closeness of Autumn Lake. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. The dwelling on the adjoining easterly parcel is set back approximately five feet from its closest point to the "top" of the bluff, and the dwelling adjoining to the west is set back approximately 13 feet to the "top" . o€ the bluff. Each dwelling is set back more than 150 feet from the tie line along mean highwater of the L.I. Sound. 6. It is the position of this Board that in considering this application: (a) the relief, as alternatively noted below, is not substantial and is the minimum necessary; (bJ the grant of alternative relief will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance, as alternatively noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 3968; and it was further RESOLVED, to GRANT alternative relief in the Matter of IRENE Ji Page 3 - Appl. No. 3968 i Matter of IRENE MILLER Decision Rendered November 15, 1990 i MILLER for placement of a new dwelling structure SUBJECT TO the following CONDITIONS: 1. That the entire building construction (including deck and overhangs) be set back not closer than 13 feet from the top of the bluff at its closest point; 2. That the dwelling construction comply with all other setback regulations, including side yards at a minimum of 20 and 15 feet, for total side yards at not less than 35 feet (as per 100-244B of the Zoning Code) ; 3. That prior to commencing construction activities and during all phases, hay bales be placed at 10 feet from the top of the bluff and 40 feet from the proposed house location to the south (road side) , for a full length of at least 60 feet; (and. there be no disturbance of land outside this construction area. ) Vote of the Board: Ayes: Messrs. Goehringer, &4 and Doyen. (Member Sawicki and Member Grigoni,s were absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ,C/ IRMAN RECEIVED AND FILED BY THE ;SOUT130LD TOWN CLEI DATE �i�2 �qo HOUR �P Town Clerk, Town of Southold SCOTT L. HARRIS APPEALS BOARD MEMBERS 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 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURRARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR. , Owner) . Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, ,y Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for .this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. , 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of. Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. T Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. No. 3971 - VALERIE M. KRAMER. Variance to the Zoning Ordinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9) (E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane) , Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23 8:05 p.m. Appl. No. 3977 - BETTY J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two .accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8: 25 p.m. Appl. No. 3.968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback. of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road) , Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 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 approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC) . Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8: 45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 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 for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. 9:10 p.m. Appl. No. 3938 - VILLAGE MARINE. 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: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. '?ECEIVED JUL 3 3 1390 NOTICE OF DISAPPROVAL J.E. FITZGERALD Date . . . . . . . . . . . . . . . . .. 191�. . r To . . . . . . �. ,�. 7 . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . . . .. 19 "—:. . for permit to �:� . . "-1?, , at Location of Property • L^��� • • • • House No. S r6et Hamlbt County Tax Map No. 1000 Section . . . . . .cam. . . . Block . . . . .. . . . . . . Lot . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. .. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . • e. . . . . . . . . . . . . . .�9 !I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . 0 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 1ai• * Inspector -.t a RV 1/80 RECEIVED ' TOWN OF SOUTHOLD, NEW YORK APP%WFOWIMISION OF BUILDING INSPECTOR APPEALtNO- j DATE ....Aug...3.1_ 3.90 SouAGM Torun Cl*fk q A S TO THE ZON I NGoflO �Oe RP EMil'l eOWN OF SOUTHOLD, N. Y. 1 (We) .James..Et...Fitzgeral4.,...JX n.......of ........P.0.,, Box..617 ........ ............................. Name of Appellant Street and Number Cutchogue, NY 11935............................... .............,,,,,,,,,,,,,,,HEREBY APPEAL TO ...................................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........... DATED .........7/25/90 ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO Same as APPELLANT, above ................................................................................. Name of Applicant for permit of ..................................................................... ... .................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ), PERMIT TO BUILD 160 bake View Ave (Pvt rd) , Peconic R-40 1. LOCATION OF THE PROPERTY_.............:......:::..o- ....................................................................... Street /Hamle.t / Use District on Zoning Map . District 1000 Section 68 Bl ock 3 Lot 10 ............... ................................................................ Owner Irene R. Miller Mop No. Lot No. Prior Owner Lucile Anne Matthew 2. PROVISION. (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IIIA Section 100-30A.3, and XXIII 100-239.4A(1 ) 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. 28OA Subsection 3 4. PREVIOUS APPEAL A previous appeal 1W (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 28OA Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that construction of a residence in the proposed - location will permit the highest and best use of the property under local regulations and custom. Form zsl (Continue on other side) r REASON FOR APPEAL Continued - .14 Vi , 1. STRICT APPLICATION OF THE ORDINANCE would produce practical diff culiies or-unneces- sary HARDSHIP because it would preclude the construction of the residence in the proposed location, which location is the only"appr"opiate ° location considering the locations of existing surrounding residences. ;i 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because adjoining properties both have houses . constructed_.significantly_ less than 100' from the top of the bluff. Construction of the residence at the required 100' setback would. reduce its comparative value considerably, both economically in the future and -in enjoyment in the present. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE, CHARACTER OF THE DISTRICT because the construction of the residence in the proposed location is in keeping with the customary uses of property in the immediate area and in the Town, both from the stand— point of the actual use and from the standpoint of design, construc- tion, and aesthetic appeal. STATE OF NEW YORK ) ss .... ................................ . .. ....... COUNTY OF SuFFoUiC ) Signa e Sworn to this ............... �12.. .................... day of.:........... vCsU$. ....................... 1970 :..9.\:... . Notary Public { r JANE R. MINIERVA NOTARY PUBLIC,State of New York No.4853108,Suffolk County Commission Expires February 18, 19 TOWN OF SOUTHOLD PROPERTY RECORD. CARD.: OWNER STREET VILLAGE DIST. SUB. LOT `C C- a c. FORMER OWNER N E ACR. (J\ 4&A IQa S W V . ll TYPE OF BUILDING I to RES. SEAS. NIL. FARM COMM. CB. MICS. Mkt. Value Z LAND IMP. TOTAL DATE REMARKS 1 'S o-v Y v d AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre .� Tillable FRONTAGE ON WATER h Woodland FRONTAGE ON ROAD j @' 8 Meadowlond DEPTH • Z-Z i ... `a.: ;•i House Plot / BULKHEAD Total DOCK ~` Lac -73pae XWamam 4.. :.31,i1 Mtrrr>➢onr wA K Ayw IW M/ehlA tlom oMvr. v N M i i 01V / tp �c / ? ?`�•e K �FAp �o ter£ LAIN ;. S ?J' i w dt ./lip ti� Fgca �' i^i 44, \ 4 16 NV0Jf 4, m s a of NOTE Con/oar lines are referenced to Topographical Map of The Five Eastern AUTUMN LAKE Tv-Ong'. WCW ROtNALD ROTMAN .,930sqQ.ft a 9855acres _a TE low REFERENCED TO N.V.Q.D. . � Ste:,`:.:. ��a ;..• /�= APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard-P. Goehringer, Chairman P Charles Grigonis, Jr. Serge Doyen, Jr. �1 ~; Town Hall, 53095 Main Road P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax.(516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 January 2, 1991 Mrs. Lorraine H. Anlyan 107 Netz Place Albertson, NY 11507 Re: Appl. No. 3968 - Variance of Irene Miller Dear Mrs. Anlyan: Please find enclosed copies of the transcript of the hearing in the above matter held on November 1, 1990, together with a courtesy copy of the Board' s decision as rendered November 15, 1990. A receipt is attached for your check in the sum of $2.00 in payment of the hearing transcript. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Linda Kowalski Enclosures } ....i_. ,..b:a-.. ....NG .:.iK rT x,. �2:.T.�h19.Hi✓+,tie•.-i.4.;1�351, .+�.. ... ... .w w . •Ywx.. L....4. ..c.S.T•o<.J.:fY+ISIt...�-ti.x4uC'+.'ra-i.�:t�Y�.(i.... -k���'-��'lni+A'.e"•faila`.'siw.r6C �-' i W SCOTT L. HARRIS APPEALS BOARD MEMBERS �- ; 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 December 7 , 1990 Mr. James E. Fitzgerald , Jr. Proper-T Services P. O. Box 617 Cutchogue , NY 11935 Re : Appl . No . ' 3968 - Irene Miller - Variance Dear Mr. Fitzgerald : For your information attached is a copy of a letter received from the Suffolk County Planning Department in connection with the above referenced variance . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure COUNTY OF SUFFO LK LJID r' r -' 7 1990 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE - DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5513 December 3, 1990 Town of Southold Zoning Board of Appeals Applicant: Irene R. Miller Mun. File No.: #3968 S.C.P.D. File No. : SD-90-29 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that premises will only be developed in accordance with the alternative set for th with appropriate mitigating measures to adequately protect the structural integrity of the edge of the bluff. Very truly yours, -- Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE.LA.. NEW YORK 11788 (516)360-5192 1 APPEALS BOARD MEMBERS r7l SCOTT L. HARRIS Gerard P. Goehringer, Chairman Supervisor Charles'Grigonis, Jr. .� Serge Doyen, Jr. �1 1 Town Hall, 53095 Main Road 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 'too 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 , ArticleIIIA, Section 100-30A. 3 Variance from Determination of' SoutholdlTown Building0IInspector, Special Exception, Article Section Special Permit Appeal No. : 3968 Applicant: IRENE R. MILLER Location of Affected Land : Lake View Ave . , Southold , NY County Tax Map Item No. : 1000- 68-3-10 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 St.ream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to construct dw.el.ling with � 'y' setback less than 100 feet of bluff i Copies of Town file and related documents. enclosed for your review. Dated : 11/26/90 t.' 7 '' SCOTT L. HARRIS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman � ? 'L� ¢�-� Supervisor Charles Grigonis, Jr. Town Hall, 53095 Main Road w ` 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 20, 1990 Mr. James E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 3968 - Irene Miller - Variance Dear Mr. Fitzgerald: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our November 15, 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 permits prior to commencing construction activities (and placing hay bales as noted in the Board's decision) . A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Mr. Victor Lessard, Principal Inspector Mr. Thomas Fisher, Building Inspector Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St. , N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. . & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360, ,Southold. 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 -� J. Kevin McLaughlin, Esq. , P.O. Box 803 , Greenport 11944 Karen Hagen, Esq. , P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq. , P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq. , P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq. , Drawer W, Jamesport 11947 Marie Ongioni, Esq. , P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq. , P.O. Box 1547, Riverhead 11901 o��FFo�k�Q o GyG � z yr 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 RE: ZONING APPEAL NO. 3968, IRENE R. MILLER DATE: AUGUST 9, 1990 Transmitted is application for variance submitted by Proper-T Services on behalf of IRENE R. MILLER together with Letter from Proper-T Services; letter from Irene R. Miller authorizing Proper-T Services to represent her; notification to adjacent property owners; short environmental assessment form; Notice of Disapproval from the Building Department; copy of the vicinity map and tax map; Zoning Board of Appeals Questionnaire form; copy of Deed and survey of property. Judith T. Terry Southold Town Clerk Page 18 - Minutes May 23 , 1991 Special Meeting Southold Town Board of Appeals REVIEW OF PLANS - PRIOR APPEAL F R IRENLMILLER. J es Fitzgerald of Proper-T Services s ittfor the proposed application for a building permit. a 32' x 44' wide house, and with an attached 12' deck along the north side of the house, the house will be 44 ' by 44' house building area. Mr. Fitzgerald has assured that the setbacks will 'not change from that granted and conditioned by the Board in the above appeal. Board Chairman Jerry Goehringer and Member Dinizio both agreed to accept the house plans as being in compliance with the Board's decision, provided there is no reduction in the required westerly side yard or northerly bank yard setback. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 8: 25 p.m. Respectfully submitted, Linda F. Kowalski Approved - June 7, 1991 IR, APPEALS BOARD MEMBERS �;.,tj.. r� SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. �1 `�� Town Hall, 53095 Main Road Serge Doyen, Jr. W 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 5, 1990 Mrs. Lorraine H. Anlyan 107 Netz Place Albertson, NY 11507 Re: Appl. No. 3968 - Variance of Irene Miller Dear Mrs. Anlyan: In response to your request today, we are enclosing a copy of the Soil & Water Conservation District letter which was received on October 1, 1990. As you know, the public hearing was held on November 1, 1990, and Mr. Sullivan appeared in your behalf. During the hearing, it was ascertained that the dwelling proposed would be 32 ft. by 44 •ft. plus a 12 ft. deck; _although the building envelope shown_ on the original survey was shown to be 30 ft. ,deep by 60 feet wide. The setbacks from both side property lines :will not be permitted at less than 20 feet and 15 feet (which is required by the bulk schedule of the zoning code) , and it is understood in this application that the setbacks will accordingly be adjusted to comply for both side yards. Originally the construction envelope as sketched on the survey (copy attached) showed side yards at 10 feet from the westerly property line and 15 feet or more to the easterly property line. " The applicant has indicated that they will comply with this side yard setback . regulation. (A copy of the bulk schedule is enclosed for your convenience as pertains to this R-40 Zone District. ) It should also be noted the maximum height permitted for a principal dwelling structure is 35 feet under the zoning code: We were, however, advised during the public hearing that the dwelling structure is to be one-story in height. Copies of the transcript of the verbatim statements, including those presented by Mr. Sullivan (.in your behalf) , being prepared by the court stenographer should be available within the next couple of weeks. .. If you would like copies, please forward to Page 2 - November 5, 1990 To: Mrs. Lorraine H. Anlyan Re: Application of Irene Miller our office a check for $2.00 which should be made payable to the Southold Town Clerk in payment of the copies. We will, in turn, forward the copies to you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski lk Enclosures Page 2 - November 5, 1990 To: Mrs. Lorraine H. Anlyan Re: Application of Irene Miller our office a check for $2.00 which should be made payable to the Southold Town Clerk in payment of the copies. We will, in turn, forward the copies to you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski lk Enclosures APPEALS BOARD MEMBERS :# '' �; SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. �°° �� � Town Hall, 53095 Main Road Serge Doyen, Jr. 1 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 5, 1990 Mrs. Lorraine H. Anlyan 107 Netz Place Albertson, NY 11507 Re: Appl. No. 3968 - Variance of Irene Miller Dear Mrs. Anlyan: In response to your request today, we are enclosing a copy of the Soil & Water Conservation District letter which was received on October 1., 1990. As you know, the public hearing was held on November 1, 1990, and Mr. Sullivan appeared in your behalf. During the hearing, it was ascertained that the dwelling proposed would be 32 ft. by 44 ft. plus a 12 ft. deck; although the building envelope shown on the original survey was shown to be 30 ft. deep by 60 feet wide. The setbacks from both side property lines will not be permitted at less than 20 feet and 15 feet (which is required by the bulk schedule of , the zoning code) , and it is understood in this application that the setbacks will accordingly be adjusted to comply for both side yards. Originally the construction envelope as sketched on the survey (copy attached) showed side yards at 10 feet from the westerly property line and 15 feet or __ more to the easterly property line. The applicant has indicated that they will comply with this side yard setback regulation. (A copy of the bulk schedule is enclosed for your. convenience as pertains to this R-40 Zone District.) it should also be noted the maximum height permitted for a principal dwelling structure is 35 feet under the zoning code. We were, however, advised_ during the public hearing that the dwelling structure is to be one-story in height. ; . Copies of the transcript of the verbatim statements, including those presented by Mr. Sullivan (in your behalf) , being prepared by the court stenographer should be available within the next couple of weeks. If you would like copies, please forward to - i 427-1246 HESKEL DDAD, M. 1125 PARK AVENUE, NEW YORK, N. Y. 10128 September 17, 1990 Board of Appeals D R' F W� ` Town of Southold Town Clerks Office Main Road SEP 2 l i �fig, � ; Southold, New York 11948 Dear Sir or Madam: y I received a letter from Mr. James E. Fitzgerald representing Mrs. Irene R. Miller, regarding a proposed building on the lot next to my house in Peconic. I object to the proposed plans for the following reasons: 1. The house is too large and comes very close to my property. As a matter of fact it encroaches on my property. 2. It is too close to the bluff and this area of the bluff is a very sensitive area which should be preserved the way it is. It is a bird sanctuary and a hurrican barrier. 3. The driveway should come to the right of way further west as agreed upon with Mr. Cessack, the builder who represented Mrs. Miller when he talked to me. This way it will not destroy all the trees that I cultivated on my property. 4. The survey is incorrect and should be corrected because it encroaches on some of the property that beings to me. 5. You should now consider how this house is going to the beach and I am sure there will be a request to have stairs to go to the beach from the bluff and this should be prohibited because it will certainly destroy the bluff which is a very good protection against hurricanes. Mrs. Miller certainly does not need a house as large as the proposed one. The house should be made smaller so it does not encroach on my property and should be brought further down than the bluff. Also care should be taken to protect the ecology of the wetland in Autumn Lake. My attorney, Mr. William Moore, Clause Commons Suite 3, Plain Road, Mattituck, New York 11952, Telephone # 516-298-5674, will represent me at the hearing and I would appreciate hearing from you as to when the hearing will be as soon as possible. Sincerely yours, Heskel M. Haddad, M.D. HMH:cs cc: Mr. William Moore, Attorney Mrs. Lorraine Anylan Proper-T Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516)734-5SOO August 10 , 1990 @51DWIs D Mr. Gerard Goehringer, Chairman 3 Southold Town Board of Appeals Town of Southold Town Hall , 53095 Main Road Southold, New York 11971 Re: Application for a Variance, SCTM #1000-68-3-10 (Irene R. Miller) Dear Mr. Goehringer: Here is the additional information which Doreen requested about the survey: The northeast boundary of the building envelope is 15 ' from the northeast property line, and parallel to it. The southwest boundary of the building envelope is 10 ' from the southwest property line, and parallel to it. The front yard setback of the proposed building as shown is / 149 ' , but it should be noted that the size and configura- tion of the house have not been finalized and this distance may change. The northwest (seaward) boundary of the building envelope was determined by drawing a straight line between the most seaward points of the two neighboring houses . I estimate the distance between this line and "the top of the bluff" to be 5 ' . The height of the building as specified in the application for the Building Permit is "35 ' or less" , the maximum permitted in this R-40 zone. The design of the house has not been completed and so it is not possible to be more specific at this point . I have arranged for the surveyor to do additional field work which would include staking the seaward boundary of the building envelope, but I hope that review of the application can proceed on the basis of the information supplied above. If you need anything else, please call me. ou6 rul J es ge_ral Jr. a subsidiary of i THE PECONIC EASTERN CORPORATION i' COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER STANLEY A. PAUZER CONSERVATION DISTRICT DISTRICT MANAGER September 26, 1990 Mr. Gerald P. Goehringer, Chairman Town of Southold Board of Appeals Town Hall - P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: We have completed a review of the site known as Application Number 3968 - Irene Miller (Variance) . - The lot at present is heavily vegetated both beach side and mainland side of the bluff top. It is mapped in the Suffolk County Soil Survey as P1C - Plymouth loamy sand with 8-15 percent slopes with escarpments, and as Bc - Beaches. There is no evidence of erosion at this time. The dirt road leading to this parcel does not coincide with the street from the Suffolk County Tax Map. It is south of the paper street, closer to the tidal marsh. On the property survey map it appears that the contour lines may not be accurate according to our copy of the Five Eastern Town Watershed Map and our site inspection. The P1C is a moderately sloping soil and is considered a moderate to severe erosion hazard, due to slopes. For homesites, streets and parking lots, and sewage disposal fields the hazard is moderate, again due to slopes. There is however, a possible pollution hazard to shallow wells and the tidal marsh area due to rapidly.permeable soils. When lawns and landscaping are considered the hazard is severe due to the sandy surface layer. Construction of a house along the bluff top will add -extreme weight and stress to the bluff. The setback proposed here is merely 5 feet. Precautions should be enforced during construction to curtail runoff from causing erosion that will allow sediments to deposit in the tidal marsh. Land around the house should be graded away from the bluff top so as not to allow runoff over the bluff face. Surface runoff from the property including the proposed driveway should not allow sedimentation in the tidal marsh. After grading and construction is complete roof runoff should be diverted into drywells by gutters and downspouts, again to eliminate an erosion and sediment hazard to the tidal marsh. If you have any further questions please feel free to contact us. Sincerely Paul A. TeNyenais District Technician PECONIC PLAZA 164 OLD COUNTRY ROAD. ROUTE.58 RIVERHEAD, NEW YORK 11901 (516) 727-2315 ~ •J may _. � yy APPEALS BOARD MEMBERS ':a SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman - r Charles Grigonis, Jr. Serge Doyen, Jr. - Town Hall, 53095 Main Road 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 September 28, 1990 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3968 - Irene Miller (Variance) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct a new dwelling with an insufficient setback from one of several "bluff" contour lines at premises referred to as 160 Lake View Avenue in Peconic as shown on the attached survey. Also attached is a photocopy of the County Tax Map showing the immediate area. May we ask your assessment of this project? The public hearing is expected to be held on November 1, 1990. (If additional information or time is needed, please don't hesitate to let us know. ) Your time and efforts are greatly appreciated. Thank you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures By Linda Kowalski 'Tr SIP age 1W 00.ON IT LINK I E. IonNO.me rnnul to 44. \ we.04111-01 l • 04 \\• �4 : 4 •/:\ \ I RII \ .+ �.. a\ \ / �Q tOMTV or wr[w j IhI T IOLDS.TWS NUT PARK 41 /O O 1[R PARCEL [ ae. ro 01[-of-oOW .\. 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FORM .NO. 4 , TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20735 Date MAY 18, 1992 THIS CERTIFIES that the building NEW DWELLING Location of Property, 160 LAKEVIEW AVENUE PECONIC, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 68 Block 3 Lot 10 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 19, 1990 pursuant to which 1 Building Permit No. 19908-Z dated JUNE 3, 1991. was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH GARAGE IN CELLAR & ATTACHED DECK WITH PARTIAL SCREEN ENCLOSURE AS APPLIED FOR & AS PER ZBA #3968. The certificate is issued to IRENE MILLER (owner) of the aforesaid building.. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 89-SO-12-MAY 5, 1992 UNDERWRITERS CERTIFICATE NO. N-225283 - FEBRUARY 20, 1992 PLUMBERS CERTIFICATION DATED JAN. 2, 1992 - MATTITUCK PLUMBING & HEAT. i / Building Inspector Rev. 1/81 H. S Ref. # 89 SO 12 �O 00, 5 � b � 5�'P J. hO'�4 I m ryry/ , Q•(Y•y � • !TY DEPART►�1EtdT OF HEdLTH SERVICES 4-,o oh ON �� ff• .CLE F;,thILY DYiELLI,\G MILY tiss.1 /► JS` S MI.S.REF. NO. 11 �p,Q ?�,• hs t 9 6 'p al and water Supply facilities for this i�9 . �° "` e r,inspected by th 7 Department and/or. and found to be Saiisfa;tory. '�' „ - iureae of Wastewa er Management A9 ab9 NO O.L.O &W / .6S SURVEY OF R OPER T Y �y I T PECONIC \ N OF SOUTHOLD ~ ELK COUNTY, N. Y. 0' - 68 - 03 - 10 00 .Scale I"' = 30 CERTIFIED TO Dec. 19, 1988 IRENE R. MILLER / July 24, 1990fre vised) <, •lone .4,' 1991 (hse: stk.out) June 9R 1991(found Iec. ) ; f Proper-T Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516)734-5800 August 3 , 1990 Chairman Southold Town Board of Appeals Town of Southold Town Hall , 53095 Main Road Southold, New York 11971 Re: Application for a Variance, SCTM #1000-68-3-10 (Irene R. Miller) Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of a single-family private residence on the property of Irene R. Miller located at 160 Lake View Avenue in Peconic. Proper-T Services represents Ms . Miller in this matter, and a letter of authorization is attached. Originally it was planned that the house would be sited nearer the road and a permit from the NYSDEC was obtained for this . In addition, a waiver from the Town Trustees was obtained for this location. Plans now call for siting the house near the / top of the bluff, and both of these agencies will be advised. It is expected that the permit and the waiver will remain valid with this amendment. An application for approval by the County Health Department was submitted, but approval was not obtained because of dif- ficulty in obtaining information about the well location on the Haddad property. This has now been resolved, and the Health Department will be advised of the well location and the new proposed house location. Photographs have not been included since the amount of vegeta- tion and lack of clear views would make them meaningless in this case. a subsidiary of THE PECONIC EASTERN CORPORATION Board of Appeals -2- August 3, 1990 If you need more information or have any questions, please call me. Yours tru y, � James E. Fitzg ald'.Jr Enclosures: Application Fee (Check, $15 ) Letter of Authorization Application (3 copies) Notice to Adjacent Property Owners Short EAF Vicinity Map Tax Map ZBA Questionnaire Copy of Deed Notice of Disapproval (Building Department) Survey of Property (4 originals) 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ' COUNTY OF SUFFOLK : "STATE OF NEW YORK 2 All, 1/@ � 3 ------------------------------------X 9 G a TOWN OF SOUTHOLD _. .� D ZONING BOARD OF APPEALS HEARING I 5 NOV 141990 ------------------------------------x 6 Town Hall 7 53095 Main Road P.O. Box 1179 8 Southold, New York 1197.1 9 November 1, 1990 7:30 P.K. 10 11 B E F O R E 12 GERARD P. GOEHRINGER, ' 13 14 Chairman. 15 BOARD MEMBERS: 16 -CHARLES -GRIGONIS, _JR. 917 SERGE DOYEN, JR. 18 JOSEPH H. SAWICKI - Absent 19 JAMES DINIZIO, JR. . 20 21 ALSO PRESENT: LINDA KOWALSKI , Board Secretar.y ' . 22 23 24 25 1 44 2 Is there anybody else that would like 3 to speak in favor of the application? Is 4 there anybody that would like to speak 5 against the application? 6 Hearing no further comments, I make a 7 motion reserving decision until later. 8 MR. GRIGONIS: Second. 9 THE CHAIRMAN: All in favor? 10 MR. GRIGONIS: Aye. 11 MR. DOYEN: Aye. 12 MR. DINIZIO: Aye. l 13 THE CHAIRMAN: Thank you very much U 14 for coming in. 15 (Time noted: 8:33 p.m. ) 16 THE CHAIRMAN: The next appeal is in r 17 behalf of Irene R. Miller, Appeal Number 18 3968. The legal notice reads as follows: 19 (Legal notice read off record. ) 20 THE CHAIRMAN: I have a copy of the 21 survey, .dated -- looks like a copy of the 22 surveyor's -- dated July 24, 19900 23 indicating a dwelling of approximately 30 by 24 60, just inside of the top of the bluff on Cl 25 . this particular parcel , and I have a copy of 1 45 2 the Suffolk County Tax Map indicating this 3 and surrounding properties in the area. 4 I believe Mr. Fitzgerald is 5 representing -- 6 MR. FITZGERALD: Jim Fitzgerald, 7 Property Services . 8 Mrs. Miller has owned- the property 9 for 25 years and now she would like to build 10 a house on it in that area, the place which 11 would make use of the property is the 12 location that is indicated on the drawing 13 and for which we seek the variance. If the 14 house was much further back from the bluff 15 '' that magic view of the water would be lost 16 . and the front line of the proposed building 17 was obtained by drawing a straight line 18 between the most seaward portion of the 19 structures on either side of the property. 20 THE CHAIRMAN: So what you are saying 21 is that the structures on either side have a 22 similar setback as to the one proposed. 23 MR. FITZGERALD: Yes. 24 THE CHAIRMAN: I assume there will be 25 a full basement. in this house? 46 2 MR. FITZGERALD: That is correct. 3 There would be a 12-foot -- the actual size 4 of the basement is 32 by 44, and the 44- 5 foot being parallel to the line in the bluff s and there will be a 12-foot deck which means 7 that the basement would be -- the concrete 8 would be another 12 feet back from the edge s of the bluff. 10 THE CHAIRMAN: Okay. To which side, 11 the east or west? 12 MR. FITZGERALD: No. The north side 13 -- to the seaward side. 14 THE CHAIRMAN: What you are saying in 15 we are l o_o_kng at 16 Srig�it�now is�extended .wi=tFiinrfhat 17 �envel ope is-a— -oot4de.c12�by 18 MR. FITZGERALD: \Vi is—cor-r-ect-�. 19 THE CHAIRMAN: That is not elevated 20 above the house? 21 MR. FITZGERALD: On the same level as 22 the first floor. 23 THE CHAIRMAN: But not ,-to protrude 24 any further than what is presently shown? 25 MR. FITZGERALD: It would be inside 1 47 2 the envelope. 3 THE CHAIRMAN: Wonderful . Okay. You . a did see our letter from the Soil and Water 5 Conservation? 6 MR. FITZGERALD: Yes. 7 THE CHAIRMAN: Do you have any 8 comments about. that? s MR. FITZGERALD: No. I think it is 10 obviously a very thoughtful study and the 11 insteps that are required during the 12 construction to minimize or eliminate the 13 potential for runoff into the wrong places 14 will be taken, of course, and the structural 15 integrity of the edge of the bluff will be 16 retained. 17 THE CHAIRMAN: Do you have any. 18 objection to placing straw bales in''front of 19 the proposed structure? 20 MR. FITZGERALD: You mean during the 21 construction? 22 THE CHAIRMAN: . Yes. 23 MR. FITZGERALD: I think it is a good y—1 24 idea. _ }�� 25 THE CHAIRMAN: Of course, I know 1 48 2 there is an angle this way that we are -- 3 that the sloping effect is, of course, 4 towards the road and so there is probably no 5 reason to address that particular issue in 6 the decision in the respect that you are 7 -- probably are in no way going to change 8 that except there would be no disturbance, 9 assuming the Board went along with the 10 established setback. We will go back there 11 and readdress both next-door neighbors. We 12 thank you. 13 MR. FITZGERALD: Excuse me. Mrs. 14 Miller is here, by the way. 15 THE CHAIRMAN: Is there anybody else 16 that would like to speak in favor of this 17 application? Anybody that would like to 18 speak against the application? Questions , 19 from Board members? 20 MR. MOORE: Bill Moore (Esquire) . I 21 am representing Dr. Heskel Haddad. Dr. . 22 Haddad just wanted me to inform the Board he 23, withdraws his opposition to. that 24 application. 25 THE CHAIRMAN: Do you have any idea 1 49 2 how close his house is to the bluff? 3 MR. MOORE: I was up today taking a 4 look around. The .bluff is very -- slightly 5 -- approximately, say -- guessing -- 15 6 feet, but there is a concrete patio and the 7 house -- if I remember correctly -- I would 8 say 15 feet. 9 THE CHAIRMAN: Thank you. Hearing no 10 further comments, I make a motion closing 11 the hearing and reserving decision until 12 later. 13 MR. GRIGONIS: Second. L�J 14 THE CHAIRMAN: All in favor? 15 MR. DOYEN: Aye. 16 MR. GRIGONIS: Aye. 17 MR. DINIZIO: Aye. 18 THE CHAIRMAN: I 'm sorry. I am 19 terribly sorry. 20 MR. SULLIVAN: William Sullivan. I 21 live in New Suffolk. The reason that I am 22 speaking is my cousin called me. She 23 couldn' t make it . She is completely 24 familiar with this whole situation. She was 25 concerned about the variance, that evidently 1 50 2 it is 'a two-story structure going up. I 3 think maybe she feels it might block her 4 view and she wanted to comply with the law. 5 What is the law, 100 feet ,back? That was 6 one thing. 7 Another thing was the -- I didn't see 8 the survey map, but how close it was to her g property line or something. 10 THE CHAIRMAN: I am going to give you 11 time to do that. What we are going to do, 12 at this point, I am going to lay the file 13 right down here and let you review it. We 14 will. take a five minute break. You can 15 review, and any other questions you would 16 like to add, you will be -- you can add. 17 MR. SULLIVAN: That's fine. 18 MR. FITZGERALD: I can tell you it is 19 going to be a one-story structure. 20 THE CHAIRMAN: Thank you, Mr. 21 Fitzgerald, for clearing that up. 22 MR. SULLIVAN: I thought I heard a 23 two-story structure. May you mentioned it. 24 THE CHAIRMAN: I might have. 25 MR. FITZGERALD: You are going to 51. 2 take a break? 3 THE CHAIRMAN: With everybody's 4 indulgence we will take a five minute break 5 so this gentleman can review the file. I 6 need a motion, gentlemen. 7 MR. DOYEN: Second. 8 THE CHAIRMAN: So moved. All in s favor? 10 MR. GRIGONIS: Aye. 11 MR. DOYEN: Aye. 12 MR. DINIZIO: Aye. 13 (Recess commenced at 8: 43 p.m. , and 14 said hearing resumed at 8:52 p.m. ) 15 THE CHAIRMAN: We need a motion to 16 reconvene. I a s 17 MR. GRIGONIS: So moved. 18 (Mr. Sullivan showing document to the 19 Court. ) J J . 20 THE CHAIRMAN: The question is the 10 21 feet on the west side of the property. That' 22 is the issue that Mr. Sullivan is 23 addressing,, at this particular point. 24 MR. SULLIVAN: My cousin had said Cl 25 they.-wanted 'at least 15 feet. I don't know. 1 52 2 what the laws are. You have to tell me on 3 that, but that is an issue for her -- that 4 one. The 100-foot bit, that 's the law. The 5 variance will have to override that. 6 THE CHAIRMAN: There is a resolution 7 on the one side of 2210. 8 MR. SULLIVAN: Can anything be done 9 about that? 10 THE CHAIRMAN: You are raising that 11 issue. Sure. We can address that to the 12 agents. 13 (Inaudible statement. ) 14 MR. FITZGERALD: This was a 15 theoretical house, 30 by 60. The house 16 actually with the deck will 44 by 44 -- with 17 the deck. So that would permit "more setback 18 on each side. 19 THE CHAIRMAN: The-house== =s .go _ng= t_o 20 be 4:4=-by 44. $� 21 MR. FITZGERALD: Yes, Vand the=�44`tliis� 22 w_a=y_inc-1-udes _1.2==f eet-�of: deck. ..:_:: . 23 THE CHAIRMAN: So-_-the_ 32 by___4:4 isthe - 24 ;.;a_gtual;_size- of---the:_house.._-Cl 25 MR. FITZGERALD: Of the concrete, 1 53 2 yes. 3 THE CHAIRMAN: Because we do have a 4 size yard situation of 20 and 15 for a total 5 of 35. This is very simply what we refer to 6 as the postage stamp for the DEC purpose; . is 7 that correct? 8 MR. FITZGERALD: Yes. 9 THE CHAIRMAN: So in effect, the 10 house is going to be something like that . 11 It would have to comply with the side yard, 12 because you are not denied for the side 13 yard. 14 MR. FITZGERALD: Yes. 15 MR. SULLIVAN: That would be over 15 16 feet. 17 THE CHAIRMAN: It will have to be 20 18 feet, at least 20 feet. Thank you very 19 much. 20 MR. SULLIVAN: Thank you. 21_ THE CHAIRMAN: Is there anybody- else 22 that would like to speak on this 23 application? 24 Hearing no,-further comments, I make a 25 motion closing the hearing and reserving 54 2 decision until later. 3 MR. GRIGONIS: Second. 4 THE CHAIRMAN: All in favor? 5 MR. GRIGONIS: Aye. 6 MR. DOYEN: Aye. 7 MR. DINIZIO: Aye. g THE CHAIRMAN: Thank you very much. 9 (Time noted: 8:56 p.m. ) 10 E CHAIRMAN: The fi ext appeal is a 11 Appeal N ber 3975, in bghalf of Arthur G. 12 Carlson. he legal no tice reads as follows: 13 (Leg 1 notice off record. ) 14 THE CH IRMAN: I have a copy of what 15 appears to be minor subdivision at one 16 time, in which i ludes this particular lot, 17 which is Lot N r 5 of that minor 18 subdivision, w ch as a rather large two- 19 story frame h me on he premises at the time 20 and at leas two barns one of which is on 21 the wester y line and o e on the northerly y 22 line -- ro ert line of £� a premises. The P 23 accesse for the premises a\eon Lower Road 24 and Ac erly Pond Lane, and e a copy of Cl 25 the S ffolk County Tax Map indicating this i 1 145A �. 2 3 4 C E R T I F I C A T I O N 5 6 7 I, GAIL ROSCHEN, do hereby certify that 8 I am an Official Court Reporter and that the 9 foregoing constitutes a true and correct 10 transcript of the Town of Southold Zoning 11 Board of Appeals hearing of November 1, 1990 ,12 according to my stenographic notes. 13KI GAIL ROSCHEN 14 Official Court Reporter 15 16 17 18 19 20 21 22 23 24 f 25 oc��FftiLKcoG . o y` APPEALS BOARD MEMBERS = rZ SCOTT L. HARRIS Gerard P. Goehringer, Chairman V� Supervisor Charles Jr.,Gri onis O�`` �� g '7Q1 �� Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 October. 17 , 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No.' 3968 Project/Applicants: Irene R. Miller County Tax Map No. 1000= 68-3-10 Location of Project: Lake View Ave . , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Locate proposed dwelling structure with a setback of less than 100 feet from top of bluff on this 42 ,930 sq . ft. parcel 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. r 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 of Property: South Side of Park, .w (frontage)of less than the required Avenue,Mattituck.NY;County Tax 150 feet in this R-40 Zone District. Map Parcel No,1000-123-8-8. Location of Property: Lace View :7:50 p.m. Appl.No. 3971:= Avenue(127t feet southwest of . STATE OF NEW YORK) VALERIE M.KRAMER.Variance Huntington Boulevard.a private to the Zoning Ordinance, Article;"'...':;road).Southold,NY;County Tax )SS: XX1II,Section 239.4E and Article'` Map Parcel No.1000 68=3-10 COUNTY OF SUFFOLK) XXVHI,Section 281,for Permia- 8:35 p.m. App`p..1G'o.�975 %=; sion to construct new dwelling ARTHUR G.' CARLSQ structure with an*110ieiettf set-, ,'Interpretation,and Variance'"to the..'' Christina V O 11 ri S k 1 back from existing bulkhead and Zoning Ordinance;;Article III,Sec from the-easterly(front)property . .. 'lion 100-30(a:disapproved by the said County, being duly sworn,say: Ent along Manhanset Avenue.Lot ' ";,; Budding Inspector)for approval of... Clerk of THE SUFFOLK TIMES, area of parcel is nonconforming in marictthate uses to include delivery ' this R-40 Zane District.Location of and storing of seafood,packaging,. ':, published at Mattituek, in the Towt Property:730 Robinson,Road ands j>fieer nng and/or preparation of raw Suffolk and State of New York,and 980 Manhaaset Avenue,.Gr=port, T 'or cooked seafood(processing)for NO'1TCE OF HEARINGS NY;County Tax Map Parcel No shipping and/or sale, for off= , the annexed is a printed copy,has br -NOTICE IS HEREBY GIVEN, 1000-345-20...: premises consumption.Zone Dia- said Newspaper OnC@ each We pursuant to Section 261.of the Town 7;55 p.m. Apple No. 3976 trio:Agricultural-Conservation.; ;. Law and the Code of the Town of - :THOMAS AND MARIAN SAN- 1. (AC)'.Location of Property. 1575 successively,. commencing On tl Southold,the following hearings TACROCE. Special Exception to Lower Road;Southold;NY;Camty .: October 19 90 will be held by the SOUTHOLD ; the Zoning.Ordinance,"Article III. `Tax Map Parcel No- 1000 69 5 TOWN BOARD OF APPEALS at a Section 100-31(9)(E)for permission 13.2 Regular Meeting,at the Southold to construct off-premises ground 8.45 p.m. Appl.No:3788 Town Hall,Main Road,Southold = sign to advertise for business pus SUN REFINING&MARKETING. NY 11971, on. THURSDAY { poses. Location of Property for ?'Variances to the Zoning Ordinance, Lau NOVEMBER 1, 1990. at the { Sign:Southeast comer of Shipyard Article X,Sections 100-102:(1)for following times: "�=Lane and the Main Road,East Mari pemiisaion to establish convenience 0 -�"'7:30 p.m: Appl.No.3969 '- .on.NY;County Tax Map Parcel No store use in conjunction with and : ANDREW BURKHARD.Variance accessory to the existing gasoline,;'.to the Zoning Ordinance,Article III, 8:00 p.m. Apple No. 3972 ":'•'.: sutim use on this substandard par Section 100-32 for permission to PETROL STATION LTD.Variance eel which contains less than 30,000 construct two-foot extension of to the Zoning Ordinance,Article aq.ft.in lot area for each use.and [J garage studied to dwelling with an VIL Section 100-72 for approval of :(2)for interpretation as to her t Sworn to before me this`-1--_ insufficient front yard setback.Zone proposed Lot#4 which will have limitation of accesaory.(crn' y) , ,�Q /l District:R-40.Location of Property insufficient area in this Residential structure. Location of Pry day Ot� %��� 19�V370 Uhl Lane,Orient,NY;Orient Office(RO)Zone District.Location1d) Comer of.the Easterly Sidew Notary F -By-The-Sea Subdivision.Lot No d property:North Side of the Main tory Avenue and Northerly Side of 167,Section Three,Map 6160. Road(265t feet west of Alvah's ; the Main Road,'Mattituck.NY alii 1000-15-5-2413 f . Lane),Cutdiogue NY;County Tax 1000-142-1 27 7:35 p.m. Appl. No. 3974 Map Parcel No.1000-109 1-23. Matters Recessed from September DONALD L.OSANI(for GEORGE '8:05 p.m.Appl. No 3977= 26-1 991 BRUDERMANN JR.; Owner) / BETTY J.COPIN_Variance,to the 9 00 p.m. Appl.No 3955=DO Variance to the Zoning.Ordinance. , Zoning Ordinance,Article III,Sec :MIMCK SBI:ENDIDO dt A r _ Article MA,Section 100-30a.3 for t tion.100-33B(4)for permission to AURICCHIO._ approval of re-separation into two locate accessory(garage)building -9.10 p.m.AppL No 3938 Separate Parcels as shown by sepa partly in the side yard and tear yard LAGE MARINE. ". rate deed conveyances,each lot with a setback at less than the re The Board of Appeals wi71 at said A : having insufficient area and pro quired 20 feet from the southerly =time and place.hear ariy and all per posed construction to meet setback property.line.The lot area of this sons or representatives desiring to -`:tequirements for this R-40 Zone •parcel is.nonconforming at 40,000 be heard in each.of the above mt-= 'District.Location-of Property :sq.ft:is this R-80 Zone District leis.Written comments may also be 'North Side of Bayview Road and Location of Property:2195 Albert submitted prior to the conclusion of the West Side of Reydon Drive. son Lane,Arshamomaque,Green the subject hearing.`Eich busing Southold,NY; County Tax Map 'port,NY;County Tax Map Parcel wr71 not suit before the.time allot Parcel Nos.1000-79-5-10 and 11 No:1000-52-5-54 =;red. Additional time for your pre 7:40 p.m. Apple No. 3980 8c15 p:m. Apple No :3979 seatationwill be•available,if need- VIRGINIA OLGA LEE..Variance THOMAS J.GORMAN.Variances `.ed._For more information.please to the Zoning Ordinance,Article to the Zoning Ordinance,Article III, call 765-1809. XXIV,Section 100-244B for ap Section 100-33 for approval of loci Dated:October 17,1990. ` proval of deck addition to dwelling tion of.two accessory(storage) `.'BY ORDER OF THE SOUTHOW, with an insufficient sideyard set, buildings in the front yard,as exist -TOWN BOARD OF APPEALS - back and reduced front yard set The lot area of this parcel is non .GERARD R GOEHRINGER back.Lot area is nonconforming inconforming in this R-80 Zone Dis CHAIRMAN, this R4 Zone District.Location of trio Location of Property:18 Cres By Linda$owalaki Property: 1455 Cedar-Beach Road cent Drive,Mattidtek,NY;County East,Southold;NY; County Tax Tax Map Parcel No.1000-121-4-23 Map Parcel No.1000-92-1 4. .: .8:25 p.m. Appl. No. 3968— 7:45 p.m. Appl. No. 3978 IRENE R.MILLER.Variance to the DONALD&DOROTHY SWAHN. ,.Zoning Ordinance, Article IHA'. Variances to the Zoning Ordinance, >` <;'Section 100-30A.3,and Article Article III,Section 100-32 and Ar-`.;`;.t-`'XXIH,Section 100-239.4A for per- ticle XXIII. Section 100-239 for mission to locate proposed dwellin approval of insufficient lot area and structure with a setback of.less th width (frontage)of two proposed : : +'.400 feet from the top of the highest parcels, each with an existing - ;:point(top of bluff)on this 42,930 , dwelling,in this pending division of sq.ft.parcel.The parcel in question land.Zone Districts R-40.Locationsf is nonconforming as to lot width d 8.05 p.m. A-"] No. 3977- " -=ance to the Zoning Or NOTICE OF HEARINGSnce BETTY J.CO Variance to station use on this substandard 244 Article XXIV,Section the Zoning O' nce, Article parcel which contains less than i:,t,-244B for approval of deck III,Section 100-33B(4)for per- 30,000 sq.ft.in lot area for each addition to dwelling with an in-- mission to locate accessory use,and(2)for interpretation as NOTICE IS HEREBY GIV sufficent sideyard setback and EN,pursuant to Section 267 of (garage) building partly in the to height limitation of accessory reduced front yard setback.Lot side yard and rear yard with U (canopy)structure..Location of Y� the Town Law and the Code area is nonconforming in this setback at less than the required Property:Corner of the Easter- the Town of Southold, thhee ,R-40 Zone District.Location of 20 feet from the southerly pro- ly side of Factory Avenue and following hearings will be held Property:• 1455 Cedar Beach perty line. The lot area of this .Northerly side of the'Main by the SOUTHOLD TOWN Road East,.. Southold, NY; BOARD OF APPEALS at a County Tax Map Parcel No. parcel is nonconforming at Road, Mattituck, NY; Regular Meeting, at the .'1000-92-14. . 40,000 sq. ft.in this R 80 Zone 1000-142-1-27. Southold Town Hall, Main District. Location of Property: "'Matters • Recessed from 7:45 p.m. Appl. No. 3978- 2195 Albertson Lane, Ar- September 26,4990: Road, Southold, NY 11971, on .DONALD & DOROTHY shamomaque, Greenport, NY; �S:a p.mpp.;No. 3955= THURSDAY, NOVEMBER 1, SWAHN.Variances to the Zon- County Tax Map-Parcel No. DOMINICK SBLENDIDO & 1990, at the following times: ing Ordinance,Article III,Sec- 1000-52-5-54. A.-AURICCHIO. 7:36 p.m. Appl. No. 3969- tion 100-32 and Article XXIII, 8:15 p.m. Appl. -No. 3979- 9:10 p.m. 'Appl.' No.<3938 ANDREW BURKARD. Section 100-239 for approval of Variance to the Zoning Or- insufficient lot area and width THOMAS J. GORMAN. Var- VILLAGE MARINE.' dirlance, Article III, Section _fiances to the Zoning Ordinance; The Board of Appeals will at� (frontage) of two proposed Article III, Section 100-33 for said time and place hear any ant 100-32 for permission to con- parcels, each with an existing approval of location of two ac- -all persons,or representatives .. struct. two-foot extension of dwelling, in this pending divi- cessory(storage)buildings in the, ' desiring to.,be heard in.each of . garage attached to dwelling with sion of land.` Zone District: front yard,as exist.The lot area `the above hiiiters..Wr.tten com- an' insufficient front yard set- n.;rR 40. Location of. Pro ert } s= -Property: of this parcel is nonconforming. menu may`also be-submitted: ; back.Zone District:R-40.Lora- South side .of Park Avenue, c; + prior to-the conclusion of the''. tion of Property:370 Uhl Lane, Mattituck, .NY; .County Tax m this R 80 Zone District.Lora- Orient, NY; Orient-By-The-Sea tion.of Property: 18 Crescent subject.hearing. Each hearing Y Map Parcel No. 1000-123-8-8. I Drive, Mattituck; NY, County -will not:start before.the time Subdivisoin Lot No. 167, Sec,, 7:50 p.m. Appl. No. 3971- ti Tax Map Parcel No. allotteda.Additional -time for tion Three,Map 6160; 1000-1 VALERIE M. KRAMERI 1000-121-4-23. 5-24.13. Variance to the Zoning Or- your presentation will be 7:35 p.m. Appl. No 3974- Vaance,riance Article XXIII,Section -25 p.m. Appl. No. 396&,S available, if needed. For more DONALD L., OSANI (for 239.4B and Article XXVIII, I the R. MILLER. Variance' information, . please -call GEORGE BRUDERMANN � to the Zoning Ordinance,Arti- 765-1809. �; . Section 281, for permission to cle IIIA,Section 100-30A.3,and Dated:.October•17, 1990. JR., Owner). Variance to the construct new dwelling structure Article XXIII, Section 100- BY ORDER OF THE Zoning Ordinance,Article IIIA, with an insufficient setback 239.4A for permission to locate SOUTHOLD TOWN BOARD Section 100-30a.3 for approval from existing bulkhead and y, _;;,:,. I of re-separation into two from the easterl front proposed dwelling structure OF APPEALS y( )proper- with a setback of less than 100 GERARD P.•GOEHRINGER separate parcels as shown by ty line along Manhanset Avenue separate deed conveyances,each feet from the top of the highest : CHAIRMAN Lot area of parcel is nonconfor- p ( p By: Linda Kowalski ' lot havinginsufficient area and point to of bluf on this ming in this R-40 Zone District. 42;930 sq.ft.parcel.The parcel 1 r''6 ' 1X-10/25/90(2)' i proposed construction to meet Location of Property: p y: 730 in question is nonconforming as ,; setback requirements for this .Robinson Road and 980 to lot width (frontage) of less R-40 Zone District.Location of Manhanset Avenue,Greenport, than the required 150 feet in this-,.' Property:North side of Bayview NY,County Tax Map Parcel No. R-40 Zone District.Location of. Road and the West side of 1000-34-5-20. ...- '..Property: Lake View Avenue', Reydon Drive, Southold, NY; 7:55 p.m.:Appl. No. 3976- '(127 t feet southwest of Hun-'.;,'!' County Tax Map Parcel Nos. THOMAS AND MARIAN tington Boulevard;- a private 1000-79-5-10 and 11. SANTACROCE.Special Excep- road), Southold, NY; County 7:40 p.m. Appl. No. 3980- tion to the Zoning Ordinance, 7hx Map Parcel No..1000-68 VIRGINIA OLGA LEE. Article III,Section 100-31(9)(E) for permission to construct off- 35 P.M. Appl. No.`3975- premises ground sign to adver- ARTHUR G. CARLSON. In- terpretation for business purposes.Locapb and Variance to the tion of Property for Sign. Zoning Ordinance, Article III, Southeast corner of Shipyard Section 100-30(as disapproved Lane and the Main Road,East by the Building Inspector) foV Marion, NY; County Tax Map approval of mariculture uses to Parcel No. 1000-38-1-1.2 include delivery and storing of 8:00 p.m. Appl. No..3972- seafood, packaging, freezing PETROL; STATION LTD.-.: and /or preparation of raw or Variance to the Zoning. Or cooked seafood(processing)for dinance, Article VII, Section shipping and/or sales for off- 100-72 for approval of propos- premises consumption. Zone ed Lot No.4 which will have in- . District: Agricultural- sufficient area in this Conservation(AC).Location of Residential-Office (RO) Zone Property: 1575 Lower.Road,.. District. Location of Property: Southold,NY;County Tax Map North side of the Main Road I Parcel No. 1000-69-5-13.2. '•- (265 t feet west 'of Alvah's I . . 8:45 p.m.'Appl. No. •378& :Lane),Cutchogue,NY;County i SUN REFINING&MARKET_ Tax Map Parcel No. 1000-109- 1-23. I ING.Variance to the Zoning OrL`P dinance, Article X, Section 100-102: (1) for permission to..' establish convenience store use in conjunction with and ac- .i cessory to the existing gasoline COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . .�. . . . . . . . day of . a'_ . . . . . ., 19 9.') . Sworn to before me this . . . . . . . . . as. . . . . . . day of 19 . . . . . . . . . . . . . . . . . . . . . . . .z.... . G Notary Public 1t'TW7'". A. &-HNEIDER td� f i U61A.Slat N NW Yatc No.4V6M Qualified in Suffolk Coon Commission Expired Y' a"/-�.2— rod' APPEALS BOARD MEMBERS t , `' u" SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. t -r_:' I Serge Doyen, Jr. Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski h { I Y SCAT L. HARRIS APPEALS BOARD MEMBERS I Supervisor Gerard P. Goehringer, Chairman4`'� Charles Grigonis, Jr. '�t� C Serge Doyen, Jr. � � Town HaII,, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax(516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal. Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 38-09 211th Street Bayside, New York 11361 July 18 , 1990 Chairman Southold Town Board of Appeals Town of Southold Town Hall , 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Services to act in my behalf as my agent in the submission and processing of an application for a variance to permit the construction of a dwelling in the chosen location on my property located on Lake View Avenue (a private road) and designated by Suffolk County Tax Map No. 1000- 68-3-10, and to furnish, upon request, supplemental informa- tion in support of the application. Please note that the deed to the property is in the name Irene Meissnest. This was formerly my name, and I am the person referred to in the deed. Yours truly, Irene R. Miller N PATRICIA B,O'CONNOR OTA RY PUBLIC, Stare of New York No, 41.4791644 Qualified in Queens County Co Qualified May 91, 1.91 14.16.4(2/87)—Text 12 PROJECT I.D. NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR for Irene R. Miller F2. PROJECT NAME James E. Fitzgerald, Jr. Miller private residence 3. PROJECT LOCATION: Municipality -Peconic _ , County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) See attached maps. 5. IS PROPOSED ACTION: PQ New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct private single-family residence with private well and private sewage disposal system® 7. AMOUNT OF LAND AFFECTED: Initially " acres Ultimately approx 1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes IX No If No,describe briefly Proposed construction is less than 1001 from the top of the bluff; lot is of insufficient width. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 2 Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: Medium-sized private residences; medium to low density. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? K]Yes ❑No If yes, list agency(s)and permit/approvals Suffolk County Health Dept, Southold Town Building Dept; expect non- jurisdiction from NYSDEC; have non-jurisdiction from Town Trustees. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes, list agency name and permit/approval 12. AS A RESULT rOFty PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes LJ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE �Applicant/ onsor me: PROPER-T SERVICES Date: Aug 39 1990 jam james E. Fitzgere:14, jr. P.O. Box 617, Cutchogue, NY 11935 Signature: ' If the actin is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II—ENVIRONMENTAL ASSESSmr_rdT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes,coordinate the review process and use the FULL EAF. ❑Yes ❑No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another Involved agency. ❑Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources;or community or neighborhood character? Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species, significant habitats,or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly. C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?`Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energyj? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO.BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes,explain briefly PART III=DETERMINATION OF SIGNIFICANCE (To be completed by Agency)' INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 2 '9 The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this L)oard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preoarer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes X_NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes 2LNo V 3. Will project alter or have a large effect on an existing body of water? Yes 2KNo 4. Will project have a potentially large impact on ,groundwater quality? Yes NO 5. Will project significantly effect drainage flow on adjacent sites? Yes _No 6. .Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes I&No B. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X_No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes X No 10. Will project have a major effect on existing or • future recreational opportunities? Yes A_No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes _LNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes _IY\No 13. Will project have any impact on public health or safety? _Yes X_No i 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes N0 period or have a major negative effect on the character of the community or neighborhood? 15. Is the p lie con e concerning e proje t? / Yes 4N0 Preparer's Signature: , 6 , Representing: b e _ Date: p Proper-T Services zaA yi75 Post Office Box '017 Cutchogue, New York 1193 Application 7Irene R. Miller QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED MTIi YOUR APPLICATION i O;�U•1S TO THE BOARD OF APPEALS Please complete, sign and -return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours. Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes b)Are there any areas open to a waterway without bulkhead? es No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Ye No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: " ft. 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? . State -total:- less' than- 351 ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes., please submit copy of deed. Ye No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board ` Yes o Tom Board Yes o Town Trustees Waiver Y s No County Health Department Yes No Village of Greenport es F�to� N.Y.S.D.E.C. ®es I Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No 11. Is' new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. ---If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time Undeveloped and proposed Single family private residence Please submit photographs for the record. I certify that the above statement true and are being submitted for reliance by the Board peals sidering pplicatiori. SiSnature tut or d Ag t) PROPER-T SERVICES'- James E. Fitzgerald, Jr. 1/88 P.O. Mx 617, Qkhogue, NY 11935 Phone: (516) 734-5800 J• 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 waiters 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. marshmalluw 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. FRESIiWATER WETI ANDS: (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." Southold Town Board of Appeals - 47- November 5 , 1981 Regular Meeting RESERVED DECISION: Appeal No. 2897. Application of Victor L. L'Eplattenier,. Box 361, Peconic ,- NY (by Rudolph H. Bruer, Esq. ) for Variances: (1) for approval of access, New York Town Law Section 280-a, and (2) to the Zoning Ordinance, Article III, Section , 100-31 for permission to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic , NY; bounded north by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58 , Peconic Shores Subdivision Filed Map 654 ; County Tax Map Parcel Item No. 1000-67-3-12. A public hearing was held earlier this evening concerning this appeal. �. The Board made the following findings and determination: Appellant has appealed to this Board seeking: (1) approval of access over Lake View Avenue, which Lake View Avenue begins at a point approximately 95 feet easterly from the intersection of Sound View Avenue and Huntington Boulevard, and running generally south and running thence east to the subject premises [more particularly known as Subdivision Lots No. 57 and 58 of Peconic Shores Subdivision] , and (2) a variance for permission to construct a new dwelling with an insufficient frontyard setback off Lake View Avenue of approximate- ly 22 feet at its nearest point and an insufficient rearyard setback from the southeasterly property line of approximately 22 feet at its nearest point. The Board finds the access road to :be passable but unimproved. The Board also finds that the premises in question is a corner-lot with approximately 115 feet road frontage along Lake View Avenue and 95. 38 feet along Dickinson Street, both being "paper roads, " impassable . and unimproved; that the premises contains an area .of approximately 11,000 square feet. - The topography of the subject ..parcel lends itself to the granting of this variance and it is the opinion of the Board that the practical difficulties are unique. In considering this appeal, the Board determines that the. variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by -allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be . obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED, that the relief requested in Appeal No. 2897, appli- cation of Victor L'Eplattenier, be granted, SUBJECT TO THE FOLLOW- ING CONDITIONS : 1. That the applicant obtain a legal right to improve the Southold Town Board of Appeals -48 - November 5 , 1981 Regular (Appeal No. 2897 - Victor L' Epplatenier continued: ) Meetin g access road (Lake View Avenue described above) in view of the deeded covenants prohibits such road improvements, supra; 2. That such access road (Lake View Avenue described above) shall have a width of not less than 15 feet and shall be cleared of all trees, brush and other obstructions to a width of 15 feet.; 3. That such access road -shall be improved in EITHER of the following two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and. shaped, or the surface. . may be excavated to permit the application of- packed blend to a depth of four inches; OR (b) Shall have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. i 4. - No building permit or certificate of occupancy shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the condi- tions set forth herein have been complied with. f 1 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the appli- cant shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 6. That the access road be approved by the Board of Appeals, Town Building Inspector, or Town Engineer as to meeting the above requirements. Location of Property: Lake View Avenue and Dickinson Street, ' Peconic, NY; County Tax Map Parcel Item No. 1000-67-3-12. - Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. Southoldt Tom Board, of Appeals -22" December 9,p 1959 carried,, It vas MSCL'ED to continue this. hearing until December 23s 1959e Vote of the Boards Ayes t s Mr. Gia.ispio i, xro Btrgen� Mra Rosenberg: and We Origonis. PUBLIC .MMINRs ':..,.WO P*X*,g Appeal. Ho . 2-... Upon appli- cation of Nelson Axlent I 352t Peeonlat Now Yarkt for a variance In accordance -with the zoning ordirmcal Article.,.SIIf Section 303 t and Article i-• Section 1OOOAe - .Varlime a is also requested ue `to lank of aef Bess in accordanee- with State of uew York Town Laws Qesatlon 280A., Location oaf, propertys north side Private Road a, off Hill Road$ Peconita t Raw Vork• bounded ncr th by :Long Isl alnd Bound* east by other :Lands of 1i; app3.i.•. cant, scuth..by right-,of-vay# and most by Q. HLpwell, Fee paid 5•0e The ChalriMa opened the hearim by readSM..notice of disapproval issued by, the Buildizu Inspector, application for a .variance legal notice of hearing with affidavit att+es� �.- ing to its pu''11ctation in they official newspaper. CHAIR- s Is there anyone present who-'wishes t6 spew . for this application?.... Imo. i. b CR AXnM Peaacnias New Yorks bave a. dume to sell. this house M lot on one half,-of the property on whioh l' built. it. in the 't rst place in 19)+7' arl the barer does not want the entire property* and. I wotald like to sell. the house and use the other, one hall' of, the property Vor Mself to build. a hones. `W* Vsn= Tun has divided the property* In half for me and the 41mnsions are on the sketch you eve In the file and a. legal description. is also there. . ?M a ROSEN 3Qs.; -What" does that ma'-cQ' ea6h piecej.: about one half acre plots?'.. MR. AXIIN's Yes* - M CHAIRMIt As I understand you wish.to build a house on the remaining lot for yourself. How will you locate the houses will that require side yard variances? M. AXMNs There !Is enough to put s house in there . without requesting a variance, TIM CHAIMMs Is there anyone else present who wishes Southold Town Board of Appeals -13— December 9! 1959 Zo speak For this application? Is there aMone present who wishes to speak .agalnst this application' (There was no response.) M. AC FMs Is that the came access a21 the gather ptaogle up there use? MR. AXTENt Ves o . \ TM OHAnwas : Now wide is the .assess road? . ` M2. AXINt 33 tt. IE GI3AMt -HOt That is not a Tout road? . Mkt. AXMH t Not a private road. It continues down in the sww direction* terms 'left at Autwm Lake and goes alb to a Town road. : THE CILUMMANs Does that road have a name? MR, AXIM Not ; CCHAMUNs is -there erwone else present who has wW­ thin to say for or against this application? (There vas no response') Resolution was off.ored by We Bersent seconded by W. +Grigonist and- carried MAS application of Nelson A ent. , having been considere�. .at Public Hearing. Noo 242 on December 9v 19599 and tha Board Finding that the strict application of the Ordinance wml d produce undue hardship because appli- cant constructed tho present house far to one side of the lot in 1. 7 With' the intention of 'wilding a second house on the other side of the lnt In the fature. The situatio- n- is unique and vould not be shared by all. properties alike in the immediate vicinity because this is the only oversized lot In the area. Other lots have less than 100 ft. frontage. The public convenience and welfare and justice Vin be substantially served and the lega13y established or permitted use of neigh- borhood property and adjacent use districts would not be substantially or permanently InJured and the spirit of the Ordinance would be observed because applicant intends to build a dwelling in donformance with neighborhood dvellings and locate `same between 150 and 175 Pte from the right-of-, therefore be it PMOLVED that the application be granted because the Board Peels it would be an undue hardship to prohibit the r Southold Tovm Berard of Appeals •1.4-► Deoember ,90 1959 division of this property which amounts to about an acre of undersized frontage. Recognition of present access road which proceeds in as uvsterlr direction* from Hill Road at Goldsmith Inlet is also approved. 3h building cm the remaining portion of the propertyi specifically the' east-- erly lot air the divisions it is agreed: that applicant will Zwt request side yard variances on wW residence constructed. Description-461son Aden lot ad Joining Hlpmll, ' This Is the lot upon shish is located cateEd the duelling vhic:h « A$.ten proposes to sells. Beginning at the ssouthmesterly carner thereof at a.potnt an the northerly line of a 33 ft,, right-of-Forays said point of beginning being the southeasterly corner- of larad previously conveyed by Nelson Axton to John F. Renhan (now 3jipwen); from said point of beginning running thence aloe said l.aaaA previously conveyed by Nelson Axien to John F. ftnaahan N.31020'W*-300 feet more or less# to the order high vater 3maark of Long Island Sound 4 thence easterly along said high water mark of Long Islam! Sound ?5 facet more air less; thence riming along land of Nelson Men parallel with the westerly boundary of the premises herein described and 72;.45 feet eaa�sterly from said. westerly boundary$ measured at right a leas thereto$ S.31020'B.r-31.0 feet* more or less, to said northerly l.im of sari 33 ft. right-of-WL thence along said northerly .line of said 33 ft, right-of-way S*82049'Wv_79.40 feet to the point of begin. ning • Description-Nelson Axien lot aid joining-Birchaard o This Is the lot . Axien Intends to retain and build a dwelling on. Beginning at as point on the northerly line of a certain 33 ft• right,-of-wary over lad of Nelson AxIen} said point of baginniAk-, being. N'.82%91Z9:-344.40 feat along said northerly line from the easterly boundary of land formerly of Floyd Val. - (now Williamson); from said point of beginning running along lam of Nelson Axien parallel with the uesterly boundary of lanai previously conveyed by Nelson Axiar. to Burt G. .Lewis (now Birchaard), 72.44 feet vesterly from saald westerly boundary measured at right angles theretog X*31 241W._3lO feet, more or least to the ordinary high water mark of Long .island Sound; thence easterly along said high water mark of Lang Island Sound, 75 Feett more or less to said land -previously conveyed by Nelson Assn to Burt Me Lewis thence alongsaid land praaviously conveyed by Nelson Axton to Burt a. Levis S.310201E*-300 reety more or less, to said northerly lines of said 33 ft* rightAof•way; thence along said northerly line of said 33 ft. right—of—wart 2 courses, as follows: (1) S.6705090"w.-66*0d feet; thence (2) S*82049'W.-7.90 feet to the point of beginnings Southold_ Tom a ,,of Appeals December. 9 i959 Vote oi' � :ward i. .. Ay�+s s.. fir. t�iZlispie�. �er�enf 1&. 'Rwenberg s and ft r.sGrigonis f MIg MMINGS 8s4U Appeal Not 243 Win' application of M dgley and i ortony We Fritz �hns.Vutchogt�e�. x York. Xor a variance in aacordwee with .,the tIA9. . ling» e i Article� III# Section 304 as .referred .to In Artioie IV` Seta ion4W# Subsection 1p for persi.ssioa: to reduce..#ant setba for a ,residential dxelli in a business.district. Varian is also requested . due to lack of mess. Sn as xith Sta of.New':York Torn tavp Section 28OA. Locati of Property; ivate Road, east sgde WA Hwbor,.Lane N, Sstffol k$ Vork .bounded north by H,# go aon j .0as .,by. Private .Road* ou by H. Ii. Tathil1 p and west. br >. Pee paid` 15. The C .r opened the hear by read notice of disapproval- issued , the bui,lditag Inspector application for :a varlanee# leg notice ofhear#.ng wi h affidavit ... attesting sto its :pu , ieation. in the off ia1. nevivaperp THE .CHAIRMOU Is berg axWrone p sent vho VlOheS to: . speak for- this-appliCat ? fit. WILLim Wicawit 'CtI kop New Yorks l do not. . think I can add, much to, the pj. eationi I belleirig your hav9 a sketch there. 'They have than ample eredo;ors the Creek, side.nd plenty on..the nor `a south sides The sketch .will. Vho t developed *rea a,,l�ittle more fully. The lots- are not very deep. Three of theme`have a width of 1.50. ft As stated . in the application p- thid°is the anly\ es i dence bare, Mr. Mason to the north only: has/docking space. Cal I :`it �o �qch closer would yo �� than t existing line which is es bliz�hed by .the existing° %Z.rr ? Fri„ Rt ^t Rt s There.was a trailer t The present house :will the dirdug room of the new house, The .present ?House is 27 ft. from the aright-cif-way. CYO 3s Will the porch have a roof on it? . WIiLI S. MIDGISY9 JR.s Yes. (The Board discussed the sketch ap2jearing In the f ®. CHAIMUNs. .Aaross the street is a boat house? . \ LONG ISLAND SOUND / \ O AL �L� L� � R-80. F 601&m the - G Inlet .4 wrrt su elw. 0 \ `• I LB 1 R 80 _ — , LI LI ISLa WD Hg ^� o L o"� 1 R-40. %— A—C ` 1 R—80 PE IC' s r \ \ A'N p�aD R-80 1\ <[ O Ro \ ♦0 / �. - -- -- •o �� / .o.� � R-8q n R-81 TO R-so •. 75 s f O i /3 /931 O I \ti' + A 4 ofib s 4 `" Pine Cr es ut'es ti o N24 'r v Q•` 25 5 9 - 6 -l! ,(fr/� y '�• o o ;° O 13 Is 10 19 Q51� 17 THE AREA OF THE PROPOSED o s o �\ •1 PROJECT IS CIRCLED o 4 Goldsmith /O 14 6Inlet "e 15 i�' . \ 15 /4 SF. o •w•\ J 30 - i Peconic �� " ''\�'� � sod• / \tiy `�-�� �--• "�w� \ .. Ate. :� O / '• ` W72°0213pn -. 25, N41027130" � X. \ B a� 29 \ V=C=NSTY M1�P U.S. Geological Survey SOUTHOLD, N.Y.: N4100 - W7222.5/7.5; 1956 Scale 1:24,60Q Application No. 10-89-0258 Regarding the-property of =RENE 12_M=LL.EP- Suffolk County Tax Map No. 1000-68-3-10 Sheet of November 27, 1989 BOARD OF APPEALS, TOWN OF ,SOUTHOLD In the Matter or the Petition of James E. Fitzgerald, Jr. NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Lorraine H. Anlyan 107 Netz Place Albertson, New York 11507 YOU ARE HEREBY GIVEN NOTICE: i. That a intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (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: 160 Lake View Avenue (Pvt rd) , Peconic 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That h} such Petition, the undersigned will request the following relief: Permission to construct a private single-family residence at a distance less than 100' from the top of the bluff; and on a lot of insufficient width under present Code 5. That the provisions of the Southold To Zonin Code applicable to the relief sought by the under- signed are Article IIIA Section 100 Town -flA.3, and XXIII 100-239.4A(1 ) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-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: Aug' 3, 1990 James E. Fitzgerald, Jr./Proper-T Service Petitioner for Owners ' Names : Irene R. Miller Post Office Address P.O. Box 617 .a Cutchogue, NY 11935 Tel . No . ( 516 ) 734-5800 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] - PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P. 8,61 031; 337 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) -Lotrriaine He Anlyan gt(et,and,Netz Place _ z Aq_19&tt'96gl9odeNY 11507 Postage Certified Fee S Special Delivery Fee <f i Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Ln cO Return Receipt showing to whom, r a) Date,Date,and Address very , j TOTAL Postsa 5 1% , Postmark r to 00 co € 61.9U LL d. a STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) James E. Fitzgerald, Jr® residing at 385 Haywaters Drive Cu ehogue, NY 11935 , being duly sworn, deposes and says that on the 3rd day of August , 19 90 . , 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 _ CutehogLie, NY 11935 ; that said Notices were mail o e c'h of said persons by (certified):�rXgtNIXVE14 mail. Sworn to before me thi day of - Ali v s e ; 19 AAA J "U JANE R. MINERVA PULIC,StateNew Notary Public NOTARY No_-4853108,SuffolkfCountyork Commission Expires February 18, 19 LP n ( This side does not have to be completed on form transmitted to adjoining property owners . ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of James E. Fitzgerald, Jr. NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Heskel M. Haddad Lakeview Drive Peconic, New York 11958 YOU ARE HEREBY GIVEN NOTICE: L �. i. Th a intention of the undersigned to petition the Board of Appeals of the Town of Southold to reques (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: 160 Lake View Avenue (Pvt rd) , Peconic 3. That the roperty which is the subject of such Petition is located in the following zoning district: l 40 4 That h� such Petition, the undersigned will request the following relief: Permission to con- struct a private single-family residence at a- distance less than 1001 from the top of the bluff; and on a lot of insufficient width under present Code. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section 100-30A.3. and XXIII 100-239.4A0 ) [ ] 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) 7f;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-Matti tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Aug 3, -1990 James E. Fitzgerald, Jr./Proper-T Services Petitioner for Owners ' Names : Irene R. Miller Post Office Addre s P.O. BOX b17 Cutchogue, NY 11935 Tel . N o . ( 516 ) 734-5800 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 861 031 3�16 RECEIPT FOR CERTIFIED MA NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) SffeoSkel M. Haddad 'E990iew Drive Pp.,State and ZIP Code t, $econic NY 11958 i� Postage Certified Fee e Special Delivery Fee Restricted Delivery Fee `t Return Receipt showing to whom and Date Delivered w Return Receipt showing.to whom, r Date,and Address,.—oi Dell v@ry j TOTAL Po .'qe and .c+ I / Postmar or Date , tl l E o. "tip'•^�,�.� %� N a - STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) James E. Fitzgerald, Jr. residing at 385 Haywaters Drive Cutehogue, NY 11935 being duly sworn, deposes and says that on the 3rd day of August jig 90 , 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 Cutehogue, NY 11935 ; that said Notices were mailed ea of said persons by (certified)jtr14<pom=W) mail. L Sworn to before me this day of. V >J d— , 19 Notary Public JANE R. MINERVA NOTARY PUBLIC,State of New YBtk No 4853108,Suffolk County Commission Expires February 18,19 ( This side does not have to be completed on form transmitted to adjoining property owners . ) f SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES The water supply-and sewage disposal Prepared in accordance with the minimum FOR APPROVAL OF CONSTRUCTION ONLY systems ,for this residence will conform standards for IUIe surveys as established to the standards of The Suffolk County by the L.I.A.L.S. and approved and adopted Department of Health Services. for such use by The New York Slate Land DATE HS REF. NO. Title Association. APPROVED The /o)cotions of wells and cesspools shown hereon are from field obserwalions and or from data obtained from others. a J O 6'/ OS sg� v oo,� N M # 0IV 0 .ems C 0 2 M O ?;P0 moo 00 �0 M p ewsTiNc `� �1 SO / Al J aoP FAV MON �\ (o \ 1n1• `�� �O Q�� .l E LAWN Y h 4 0,Q�9 v' Ao-, "ON rhD 4 10 ��• / ... ck 0.2 S e�j /FAV MON O F 100' ° t° TROL �t Q f SOP H O.L.S E/W 0.6 �r, 0 N/O/F DSO j SUR VE Y OF ak Pv 4. \\ A�� 4 PROPER T Y , , G HESKEL HADDAD \ / Q�� MON � A T PEC ONI C ( VACANT ) TOWN OF SOUTHOLD �• tis�• � '� 3s 1N. \ ® 8 TEST SUFFOLK COUNTY, N. Y. ?'' �� IIO L E oo�' _ 0 \ DATA 1000 — CJ v _ 03 10 DARK BROWN LOAM s• P U BROWN S Scale ill —— 0 CERTIFIED TO : �] IRENE R. MILLER / ' e Dec. 19, 1988 MON / BROWN LOAMY SANG J' PALE BROWN July 24, 1990(re vised) k,0/ L�AKE MEDIUM 8AN0 l,p• WATER IN PALE BROWN C OF WATER IN PALE BROWN CLAYEY SAND W LAYERS Or CLAYN t8' 0 �� VERY FNE TO MEDIUMMN NOTE J Contour lines are referenced to SAND. 24 LANDSG Topographical Map of The Five Eastern AUTUMN LAKE ?XA A l c- o N/O!F RONALD .I r ROTHMAN p - 42,930s f t ' AREA - q• . Y.S. LIC. NO. 49668 or 0.9855acres ,QI� RS, P.C. TO TIE LINE P. O. ELEVATIONS ARE REFERENCED TO N.V.G.D. . 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