Loading...
HomeMy WebLinkAbout3848 y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 1 , TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWICKI JAMES DINIZIO, JR. Appl. No. 3848: Matter of CINDY RUGGLES for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section 100-30A.3 as disapproved) for permission to construct deck addition with an insufficient rear yard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Location of Property: 1150 Nakomis Road, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 15. WHEREAS, a public hearing was held on June 29, 1989 under Appeal No. 3848; and WHEREAS, at said hearing all those who desired to be heard . were heard and their testimony recorded; and . WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning,- and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the westerly side of Nakomis Path near Laughing Waters, in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 3, Lot 15. Page 2 - Appl. No. 3848 Matter of CINDY RUGGLES Decision Rendered June 29, 1989 2. The subject premises consists of an area of 13,300 sq. ft. , is nonconforming in lot area, lot width and lot depth, and is improved with an one-story, single-family dwelling constructed during 1971 and situated with setback at approximately 43 .7 feet from the front property line and approximately 44 feet from the rear property line. 3 . Article III-A, Section 100-32A and Column ii of the Bulk Schedule of the Zoning Code requires a minimum rear yard setback at 50 feet, and Article XXIV, Section 100-244(B) . permits a rear yard reduction for a principal structure to 35 feet in the rear yard for lots containing a lot area of less than 20,000 sq. ft. 4. The relief requested by this application is for a reduction of the westerly (rear) yard setback from 35 feet to not less than 20 feet, at its closest point. 5. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the nonconformities of the land in question ; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood; (d) there is no other method for appellant to pursue, other than a variance; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Page 3 - Appl. No. 3848 Matter of CINDY RUGGLES Decision Rendered June 29, 1989 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance in the Matter of the Application of CINDY RUGGLES under Appeal No. 3848 for per-mission to construct 24 ft. by 24 ft. open deck with an insufficient rear yard setback at not less than 20 feet at its closest point, PROVIDED that the deck not be roofed or enclosed (as applied) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN 1 F Our Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O.. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. 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, JUNE '29, 1989, at the following times: 7: 30 p.m. Appl. No. 3841 - GERARD W. GAUGHRAN. Variance to the Zoning Ordinance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zoning code) for permission to construct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly property line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map No. 1000-70-5-2. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7: 35 p.m. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 1GO-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk' s Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. 7: 40 p.m. Appl'. No. 3848 - CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article ILIA, Section 100-30A.3, as disapproved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Property location: 1150 Nakomis Road, Southold; County Tax Map District 1000, Section 78, Block 3, Lot 15. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7:45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene' s (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone. District. Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1,. Lot 42.1 (includes 41 & 42) ; Subdivision Map of Eugene Heights, Lot Nos. 28, 29 and half of 27. 7 : 50 p.m. Appl. No. 3845 - PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Article IIIA, Section 100-30A. 4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct accessory' storage building in an area other than the required rear yard. Lot area is nonconforming at Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 approximately 16,800 sq. ft. in this R-40 Zone District. Property location: 3220 Delmar Drive, Laurel, NY; Laurel Country Estates Lot #36; County Tax Map District 1000, Section 125, Block 4, Lot 14. 7 :55 p.m. Appl. No. 3838 - JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article ILIA, Section 100-30A.3 (Article III, Section 100-31 as Disapproved) , for permission to locate proposed new dwelling with an insufficient front yard setback from the northerly property line and with an insufficient rear yard setback from the southerly property line. Lot area is nonconforming at 8,417 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road 1-A (said lot extending 1333. 97 feet from the north side of North Bayview Road) , Southold, NY; County Tax Map District 1000, Section 77, Block 3 , Lot 18. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8: 00 p.m. Appl. No. 3847 - JOHN R. AND JEAN P. EDLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Subdivision Lot No. 4. 8:05 p.m. Appl. No. 3846 - CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, Article III , Section 100-32 for approval of insufficient lot area of proposed Parcels No. 1 and No. 2. Lot area is nonconforming in .this R-80 Zone District at 76,970 sq. ft. Property location: North side of Wells Road,. Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. 8:10 p.m. Appl. No. 3843 - ADAM ASSOCIATES. Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval . of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:15 p.m. Appl. No. 3840 - ESTATE OF JENNIE HARRIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI) . Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18) . 8: 20 p.m. Appl. No. 3855 - BARBARA BRUCH. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d for permission to locate new dwelling structure with an insufficient setback from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8: 25 p.m. Appl. No. 3856 - JOHN AND MARIAN BOPP. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,500 sq.-ft. in this RO Zone District. Property location: Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 3863- - HAROLD AND HATTIE STETLER. Variance to the Zoning Ordinance, Article ILIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 670 Wiggins Lane,. Greenport, NY; County Tax Map District 1000, Section 35, Block 4, 28.7. 8: 40 p.m. Appl. No. 3808 - GUNTER MORCHEL. Variances to the Zoning Ordinance, Article X, Section 100-102 for permission to construct addition with an insufficient rearyard setback and lot coverage in excess of maximum limit of 300 (as disapproved) , Article XXIV, Section 100-244B, and Article XXIV, Section 100-242(A) concerning extension of nonconforming side and front yard setbacks. Lot area is nonconforming at approximately 9961 sq. - ft. in this General Business (B) Zone District. Property location: Corner of the South Side of the Main Road and the East Side of Sigsbee Road, Mattituck, NY; County Tax Map District 1000, Section 143, Block 2, Lot 1 (or 1 and 30) . Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8: 45 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of hearing, rescind prior resolution rendered February 9, 1989, and commence deliberations concerning a Variance to the Zoning Ordinance, Article III, Section 100-32 (previously 100-31) for approval of insufficient area of two proposed parcels in this pending division of land. Property location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20. 4. 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: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x • FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL (,� r Date . . . . . . . 7 . . . . . . . . . . 19 �. . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated ,la . . 3 . . .. 19 . . . for permit to Location of Property 1(S�. , , , , AJ e�lca,,ru, i2d HouseNo. . . Street " " " .. .. ' . . ' Count Tax Ma No. 1000 •Ham%er Y P Section . . . . . . . . . Block . . . . .C� .,�. . . . . Lot . . .4.�.�r. . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . Lot No. . . . . . . . . , • • • , , • _ , is returned herewith and disapproved on the following o g grounds - (i . . . . . . . . . . . . . . . . & . . . . . . . . . . . . . . .`. q 0:4-?: . ... . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .��. . . . . . . . . . . . . . . . . . . . . . . . • , Building Inspector RV 1/80 MAY 021989 TOWN OF SOUTHOLD, NEW YORK APPEAff"WRMN OF BUILDING INSPECTOR APPEAL NO. 6f DATE .: .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .....CindX..L.:..Rugg..les.............................of .... an1150 Nakomis Road ..... ............................. Name of Appellant Street d Number Southold N'Y:...........HEREBY APPEAL TO ............................................................................................. ................. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Cindy L. Ruggles ................................................................................. Name of Applicant for permit of 1150 Nakomis Rd., Southold, New York .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE PERMIT:FOR OCCUPANCY ( X) construct a deck addition to dwelling_' , 1. LOCATION OF THE PROPERTY ..1150 Nakomis Rd......Southold................ 1000 .............. . .............................................. Street /Hamlet / Use District on Zoning Map District 1000 Section 078 Bl ock,03 Lot 015 Current Owner Cindy L. & Mitchell X. Ruggles ....................................................... ............... Map No. Lot No. Prior Owner Geo. Weiss 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.) ArtlClel 11A, 100-330A3 = R-40 Zone Section inn_ C'. = nonconforming lot area 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (Xy A 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. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o'special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ................................................................. . . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( XA A Variance to the Zoning Ordinance is requested for the reason .that deck will exceed 35' rear yard set back Form Zsi (Continue on other side) REASON FOR APPEAL Continued ° 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because compliance with the 35' rear yard set back ordinance would render the deck an impractical size.. Furthermore, the owner of said property suffers a physical disability; A larger size deck would enable her to utilize the deck as her outdoor' living space without encumbering steps or an uneven surface to walk on. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the back yard is shallow. Thd rear` property line is within and adjacent to an area of thicket and woods, creating a natural buffer between the two properties. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT. CHANGE THE CHARACTER OF THE DISTRICT because of the wooded buffer. and the-way the homes are situated on the adjoining properties, we are in no way infringing on our neighbor's space or privacy. STATE OF NEW OR�`-)) c ss --r'�... .. .... .. ....................... COUNTY OF Gv�O Signature Swornto this .............................................. day of..............�/. ... .. .................... 19g 7 .,..........e//? CZ .... .. Notary Public MARK T.GAGEN NOTARY PUBLIC State f New York Qualified in Suffolk County Commission Expires May 31, 190 r 1� TOWN Of SOUTHOLD PROPERTY RRD CARD OWNER STREET VILLAGE DIST. SUB." LOT L ,a FORMER OWNER N ./ E ACR,�// 5 . S W TYPE OF BUILDING !.0�Al C FF EL L r� 1�7Yo C1YtC k / S�`o -? /�i1'��'1 RES. ,e2/� SEAS. VL. FARM COMM. CB. MICS., Mkt. Value LAND IMP. TOTAL DATE REMARKS 0 0ao moo Q �6 7z- ERPh cd t//3o s A L v - _di _ Jii a V) a I n n 45 - a - Tillable FRONTAGE ON WATER . Woodland FRONTAGE ON ROAD / Meodowtaid DEPTH House Plot . .. - BULKHEAD Total ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■ ■■■■■■■■■■■ ■■■■■■■■■■■ ■■■■■■■■■ � ■■ ■ 1 ■■■■■■■■■■■■■■■■■■■ ■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ -r::GI e+ 1 ■■■■■■■■■■■■■■■■■■■■■■■�■■■■'a...:0:. p 1•/la di'1.'+.LL{^' .4'• L.'F11 w 11(S J'� Sin b= 3 ! J 1. • r,2 Q.f�l.(t d�'';rof,'Yeu,Cri9S"ifg (.!1:' ■■■■■■■■■■N%■■■■■■■■■■MMM■■■■ ■■■■■■■■■■■■■■■i■M■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■immom■■■■■■■■■■■ ■■■ U■■■■■■■■■IMM■OO■■■■■■■■■■ MEN■■■■■■■■■■■IMM■,■■■■■■■■■■■■ ■■■■■O■MMMEEMENEE M■■■■■■■■■■■ ■■■■■■■©©■RSOMMMI■■■■■■■■■■■■■ .■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ -- CiC■■■■■■E: ■■■■■■■■■■■■■■■■■ /21 ^~ Y �y Southold Town hoard of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. July 6, 1989 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Mr. and Mrs. Mitchell Ruggles 1150 Nakomis Road Southold, NY 11971 Re: Appl. No. 3848 - Variances Dear Mr. and Mrs. Ruggles: Transmitted for your records is a copy of the June 29, 1989 determination rendered by the Board of Appeals concerning your application. Please be sure to follow-up with the Building Department for further processing of your pending application. Copies of our decision are simultaneously being 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: Building Inspectors' Office �f A�, xe r� =: ll *1' Town Hall, 53095 Main Road P.O. Box 1179 . �� '`` � Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: May. 2, 1989 Transmitted herewith is Zoning Appeal No. 3848 application of Cindy Ruggles for a variance. Also included is: Notification to Adjacent Property Owners; = �hr� � =i�3rrf=1``o�nr- letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval.'from the Building Department; survey of property; and any other attachments relative to this application. ../i ✓�f7hf! Judith T. Terry ►' Cnivthnlrl Tnwn rlark Ln Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD June 29 , 1989 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. -,CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZIO, JR. Notice of Determination of Non-Significance APPEAL NO. : 3848 PROJECT NAME: MITCHELL & CINDY RUGGLES 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. This board determines the within project not to have a signifi-. Pant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X], Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct-deck addition to dwelling with insufficient rearyard setback tin.,.:,, ,nonconforming lot LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1150 Nakomis Rd. , Southold - 78-3-15 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief ,requested is a setback variance as regulated by Section 617 .13, . E NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. tr , Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., 'N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI TRANSCRIPT OF HEARING JAMES DINIZIO, JR. JUNE 29, 1989 REGULAR MEETING Appeal No. 3848 - CINDY RUGGLES . Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section 100-30A.3, as disapproved) for permission to construct deck addition with an insufficient rear yard setback. Lot area is nonconforming at approximately 13, 300 sq. ft. in this R-40 Zone District. Property Location: 1150 Nakomis Road, Southold; County Tax Map No. 1000-78-3-15 . Present were: All Members of the Board of Appeals : Chairman Gerard P. Goehringer, Charles Grigonis, Jr. , Serge Doyen, Jr. , Joseph H. Sawicki and James Dinizio, Jr. Also present were: Board Secretary Linda Kowalski and approximately 25 persons in the audience at the start of the hearing. The Chairman opened the hearing at 7:44 o' clock p.m. and read the legal notice of hearing. and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating a proposed deck approximately at its closest point (north side) At 20 feet and 22 .38+- feet on the south side, itb distance from the west property line or the rear. And the deck is proposed--there is a one-story frame house which sits near the center of the lot from front to back, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard in behalf of this application? How do you do? CINDY RUGGLES: Cindy Ruggles. CHAIRMAN: Is this going to be roofed or will the deck remain open? Page 2 - Appeal No. 3848 - CINDY RUGGLES Transcript of June 2.9, 1989 Z.B.A. Hearing MRS. RUGGLES : It will remain open. CHAIRMAN: What do you think the proposed elevation above grade would be? Is it going to be two feet above? MRS. RUGGLES: Approximately two to three feet. I don't think it' s as high as three feet. CHAIRMAN: Ok. Is it going to meet any stoop coming off the rear of the house or anything of that nature? MRS. RUGGLES: It is going to abut right up to the house. CHAIRMAN: Is it going to encompass the stoop that' s there? MRS. RUGGLES: There ' s an existing one there that I have on the survey--it will go right over, that. CHAIRMAN: Right over the top. Ok. Great. Will there be any lighting that would cause a problem with neighbors or anything? MRS. RUGGLES : No. CHAIRMAN: And what is your timeliness on this also? MRS. RUGGLES: As soon as possible please. So we can enjoy it for the summer. CHAIRMAN: Ok. We thank you very much. Is there anyone else wishing to speak in favor of this application? (No one) Anyone like to speak against the application? (No one) . Questions from Board Members, objections? (None) I ' ll offer a resolution approving this application as applied for as long as it remains unroofed. MEMBER SAWICKI: Second. Vote of the Board: Ayes: All. This variance was conditionally approved. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals JAMES A.SCHONDEBARE Town Hall, 53095 Main Road TOWN ATTORNEY P.O. Box 1179 ROBERT H.BERNTSSON tl 1� +a '1 �� Southold, New York 11971 ASSISTANT TOWN ATTORNEY x "' TELEPHONE (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD NOTICE PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK. ENVIRONMENTAL COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD if2000 AND MESSRS. WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING, MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. I R' I w - \ ry ta% a �o EL•/gs } 7Tsr ' o0 era.. !oc.9r�o�y • ,SovT•yo� , 4z�c-d4e ouvr�'�' wRely- rEEoTb• .9•H ic.�,y 71 �' fl/,1UrQ�'.�/CECa• J v ar q �e � Ec za.p N3d S6!y—� Wit.zo we EL. 6.�c+cu/O lE lz —~ — — - — - - ..—. �G.9Tib•C/ - .�DUT.',�oLO . 4yU�Fo44t IA r6 --' . FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL f Date . . . . . . . 7 . . . . . . . . . . . .. 19 ft . To. �:1M . . . . . . Aj PLEASE TAKE NOTICE that your application dated . . :� . . ... . . . . . . . . . .. 19 9 for permit to ' ,0,_ .c4 0, ,`Yu, •� . . . . . . . . . . . Location of Property . !(S�. . . . . ru;.. !ed • . , F:� _ _w;.Q l ; House No. Stree[ .Hamler County Tax Map No. 1000 Section . . . .S�t . . . . . Block . . . . .Q .3. . . . . Lot . . .4.�.�r. . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. is returned herewith and disapproved on the following grounds . - .u. . . , . . �. / -3.1 b . .�.,. . ... :�: •:�: . . . . . . '0.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •44 �. . . . . .�. . . . . . . . .Xf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . 00 . . . . . . .�, . . . . . . . . . . . . . . . . . . . . . . �- GL4-0� . . . .V�. . . . . . Building Inspector RV 1/g0 Foray No. a TOWN OF SOUTH OLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. ZI+.7o9. . . . . . Date . . . . . . . . . . . . J"1Y- . . .17. . . . 19. 72 THIS CERTIFIES that the building located at . . .1,Ta1v=JLS- Road. . . . . . . . . . . Street Map No. . ra. . . . . Block No. . . . . . . .Lot No. . . . . . . . . .G authold . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office %dated . . . . . . . . �e0. . . . .13. . ., 19. pursuant to which Building Permit No. .5662Z• . dated . . . . . . . Ree. . 1.3 . . . . . . .. 19. 71, was issued, and conforms to all of the require- ments. of the applicable provisions of the law. The occupancy for which this certificate is issued is Pr-Ivato• -on e• ta.mi-ly •dwe-1-11 ig. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . .Teo .Bausch. . . . . . • Danes• • • • • • • • • • • . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval jul 2 3 . . . . �• • 197 • by- -R V•211a. . UNDERWRITERS CERTIFICATE No. . . pewai ns . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IIOUSE NUMBER. . .1.15©. . . . . .Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . !'''ct�'ties.�. . .�l�-!1!t•-� . Building Inspector 2 I-S-93GO - � Standard N.Y.R.T.U, Form DO!' —Bargain and Sale Deed,with Covenants against Grantor T Individual or Corporation. (single sheet) CONS WYER�EFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY O� THIS INDENTURE, made the 8th day of August , nineteen hundred and eighty-seven BETWEEN GEORGE J. WEISS and KATHERINE WEISS, his wife, both residing at 1150 Nakomis Road, Southold, New York 11971 2'72'7 party of the first part,and r MITCHELL RUGGLES and CINDY RUGGLES, his wife, both residing at 313A Calverton Road, Calverton, New York party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ` ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, 1� lying and being in the at Laughing Water, near Southold, Town of 05 Southold, County of Suffolk and State of New York, bounded and _ described as follows: BEGINNING at a point on the westerly side of Nakomis Road distant South 113.80 feet from the corner formed by the intersection of the southerly side of Hiawathas Path and the DISTRICT westerly side of Nakomis Road; 1000 RUNNING THENCE along the westerly side of Nakomis Road South 5 degrees 45 minutes East 113.00 feet to a monument; SECTION THENCE South 84 degrees 21 minutes West 118. 08 feet to land 078 . 00 of Howard; THENCE along said land North 3 degrees 56 minutes West BLOCK 113. 06 feet to land of Leo Rauch; 03. 00 THENCE along said land North 84 degrees 21 minutes East 114. 50 feet to the westerly side of Nakomis Road, the point or LOT place of BEGINNING. 015. 000 BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed dated August 9, 1972 and recorded in tle. Suffolk County--Clerk's Office on August_1.5.,___197.2. :in Liber-92-20­�----- page 135. Z7 7i9ai TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part;-in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust,fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for (� any other purpose. The word "party' shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: GlbORG J. PEISS ,; RKTHERINE WEISS 163'96 P137 Suffolk STATE OF NEW YOM COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS: On the 0•th day of August 19 87 , before me On the day of 19 , before me personally came personally came George J. Weiss and Katherine Weiss, ux to me known to be the individual s described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same. executed the same. r RUDOLPH H.BRUER Notary Public,State of New York No.62-0465530,Suffolk County - --Commission-Ex ires March• - �- - - - STATE OF NEW YORK. COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that lie is the of that he°knows the corporation described in and which executed .the foregoing instrument; that he to be the individual knows the seal of said.:corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is`s6h corporate seal; that it was so that he, said subscribing;witness, was present and saw affixed by order of the toard of directors'of said corpora- execute the same; and that ' he, said witness; tiori;,:,and.that he signed h name thereto by like order. at the same time subscribed:h name as witness thereto: �ttr�ttiri ttrid �tt�r �erd WITH COVENANT AGAINST GRANTOR'S ACTS SECTION TITLE NO. BLOCK LOT Weiss COUNTY OR TOWN TO Ruggles Recorded at Request of CHICAGO TITLE INSURANCE COMPANY ..STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mall to Distributed by Rudolph H. Bruer, Esq. CH)IC&GO TITLE Edson and Bruer INSURANCE COMPANY Main Road,P.O. x 1466 Southold, New ork 11971. Zip No. W ccCL n 0 p � r Z 0 a. U W C r- ca A x rr; LL c>>� •' �. CCC r- h ~ �� C•rr�r r. M _m - ".dw p G7 O c ti::f: p U C '�rj-h(n In d U o n-1 LA �� Co W • W , LU U. r ► Z I-S-931D0 Standard N'.Y.B.T.U. Form 8002-20M —Bargain and Sale teed,with Covenants against Grantor's Acts—Individual or Corputatiun. (single sheet) ,,.._ CONS WYER EFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USED dY LAWYERS ONLY OD THIS INDENTURE, made the 8th day of August , nineteen hundred and eighty-seven BETWEEN GEORGE J. WEISS and KATHERINE WEISS, his wife, both residing at 1150 Nakomis Road, Southold, New York 11971 2'72`7 party of the first part,and r MITCHELL RUGGLES and CINDY RUGGLES, his wife, both residing at 313A Calverton Road, Calverton, New York party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration- paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Laughing Water, near Southold, Town of � J Southold, County of Suffolk and State of New York, bounded and. _ described as follows: ' BEGINNING at a point on the westerly side of Nakomis Road distant South 113. 80 feet from the corner formed by the intersection of the southerly side of Hiawathas Path and the DISTRICT westerly side of Nakomis Road; 1000 RUNNING THENCE along the westerly side of Nakomis Road South 5 degrees 45 minutes East 113.00 feet to a monument; SECTION THENCE South 84 degrees 21 minutes West 11.8. 08 feet to land 078. 00 of Howard; THENCE along said land North 3 degrees 56 minutes West BLOCK 113. 06 feet to land of Leo Rauch; 03. 00 THENCE along said land North 84 degrees 21 minutes East 114.50 feet to the westerly side of Nakomis Road, the point or LOT place of BEGINNING. 015. 000 BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed dated August 9, 1972 and .recorded in the. Suffolk County -Clerk's Office on August "1.5-,... 1972- in Liber-922,0- page 135. Z7 R VED REAL ESTATE AUG 19 1987 TRANSFER TAX SUFFOLK COUNTY TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done Or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first-part; in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply C` the same first to the payment of the cost of the improvement before using any part of the total of the same for (� any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ( G ORG J. EISS L, THERINE WEISS 103.96 :P1337 Suffolk STATE OF NEW YORK. COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the Oth day of August 19 87 , before me On the day of 19 , before me personally came personally came George J. Weiss and Katherine Weiss, ux to the known to be the individual s described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that theyexecuted the same. executed the same. RUDOLPH H.BRUER Notary Public,State of New York No.52-0465530,Suffolk County -_Commission Expires March 301,-IM- STATE OF NEW YORK. COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to :ne known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of that he'knows the corporation described in and which executed .the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is'--ruch corporate seal; that it was so that he, said subscribing witness, was present -and saw affixed by order of the toard of directors'of said corpora- execute the same; and that he, said witness; tiori,,;and.that he signed h name thereto by like order. at the same time subscribed;h name as witness thereto; isttrgain anh Oalt Dab WITH COVENANT AGAINST GRANTOR'S ACTS SECTION TITLE NO. BLOCK LOT Weiss COUNTY OR TOWN TO Ruggles Recorded at Request of CHICAGO TITLE INSURANCE COMPANY ..STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by Rudolph H. Bruer, Esq. CHICAGO WXWLZ Edson and Bruer INSURANCE COMPANY D4ain Road,P.O. Box 1466 Southold, New ork 11971 Zip No. —CL 0 0 z o _ _ U p C W r s12 ed C LL x rr; ..... 0 —I -'t LAD- : LU -T QCD LL " LU U C c r;cn r r Cz > W H W 1- ' t U. mow..wv1. Z I-S-gi31D0 Standard NNATX,Form 800,- —Bargain and Sale Deed,with Covenants against Granmr't - `Individual or Corpmatiun. (single sheet) CONS WYERVEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD EE USED BY LAWYERS ONLY _I. :Pit ,. OD I THIS INDENTURE, made the 8th day of August g y-, nineteen hundred and ei ht seven BETWEEN GEORGE J. WEISS and KATHERINE WEISS, his wife, both residing at 1150 Nakomis Road, Southold, New York 1-1971 2'72'7 party of the first part,and f MITCHELL RUGGLES and CINDY RUGGLES, his wife, both residing at 313A Calverton Road, Calverton, New York party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Laughing Water, near Southold, Town of S Southold, County of Suffolk and State of New York, bounded and _ described as follows: BEGINNING at a point on the westerly side of Nakomis Road ut• distant South 113. 80 feet from the corner formed by the intersection of the southerly side of Hiawathas Path and the DISTRICT westerly side of Nakomis Road; 1000 RUNNING THENCE along the westerly side of Nakomis Road South 5 degrees 45 minutes East 113. 00 feet to a monument; SECTION THENCE South 84 degrees 21 minutes West 118. 08 feet to land 078. 00 of Howard; THENCE along said land North 3 degrees 56 minutes West BLOCK 113. 06 feet to land of Leo Rauch; 03. 00 THENCE along said land North 84 degrees 21 minutes East 114. 50 feet to the westerly side of Nakomis Road, the point or LOT place of BEGINNING. 015. 000 BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed dated August 9, 1972 and recorded in the. Suffolk County--Clerk-' s Office on August_1-5.,_.1972. in Liber-92-20-­`--- page 135. U21 L ESTATE 19 1981 FER TAX FOLK UNTY TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first-part;in compliance with Section 13 of the Lien Law, covenants that the party of r-I./ the first part will receive the,consideration for this conveyance and will hold the right to receive such consid- oration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply Cl- the same first to the payment of the cost of the improvement before using any part of the total of the same for to any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has dilly executed this deed the day and year first above written. IN PRESENCE OF: A��. ), _G9ORGjrJ. EISS ti THERINE WEISS 103'96 •Pr1'37 Suffolk STATE OF NEW YORK, COUNTY Of SS: STATE OF NEW YORK, COUNTY OF SS: On the Oth day of August 19 87 , before me On the day of 19 , before me personally came personally came George J. Weiss and Katherine Weiss, ux to me known to be the individual s described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same. executed the same. RUDOLPH H.BRUER Notary Public,State of New York No.52-0465530,Suffolk County - --Commission Expires March.30,-1989.. ._ STATE OF NEW YORK, COUNTY OF SS: STATE Of NEW YORK, COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with sav that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he'knows the corporation described in and which executed .the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is:Stich corporate seal; that it was so that he, said subscribing'witness, was present and saw affixed by order of the toard of directors*of said corpora- execute the same; and that he, said witness; tion,..and that he signed h name thereto by like order. at the same time subscribed:h name as witness thereto:. i i - 1-u....r•.... .. t. ..n .... ...1....• ...... .. i9ttrguin anb 16ttir Ojerh WITH COVENANT AGAINST GRANTOR'S ACTS SECTION TITLE NO. BLOCK LOT Weiss COUNTY OR TOWN TO Ruggles Recorded at Request of CHICAGO TITLE INSURANCE COMPANY :STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by Rudolph H. Bruer, Esq. CHICAGO T)<TI.M Edson and Bruer INSURANCE C0MP,&NV Alain Road,P.O. Box 1466 Southold, New ork 11971 Zip No. W n{ LL 0 E �, N r (D Z_ OC C) O C C W o[ O O r CC•= O tj UC --T, (") IL O m L .(D x X > W W OC 11 f � t QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED 6dTH YOUR APPLICATION F01224S 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 � o 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 o b)Are there any areas open to a waterway without bulkhead? Yes � o 3. Are there existing structures at env ground level, such as patios, foundations, etc.? No ** 4. Are there any existing or proposed fences, cpncrete barriers, decks, etc? Yes 5. If project is proposed for an accessory building or structure, i0i total height at more than 18 feet above average ground level? State total: ft. Yes 6 . If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State 'total:' ' ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership if any) ? Yes No State Permit # and Nature: . . . . . . . . . . . . . . . . . . . . 9 . Do state- whether- or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes o Town Board Yes o Town Trustees Yes o County Health Department Yeso Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes io 10 . Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from'contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes Q 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 13. Please list present use or operations onducted upon the subject property at- this time and proposed Please submit photographs fo , the record-. I certify that the above statements are true and are being submitted for relia A,by the Board of ppe is in considering my application. Sig_natu roper y Ow Authorized Agent 1/8 8 ** cement' slab, w:zir:n will be coveted by proposed dee}; Please see lattached sheet C� WETLANDS [Amended 8-26-76 by L.L. No. 2-1976;3-26- ' 85 by L.L.No.6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows,,flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may �- . .. ... . .. . . grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordKrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESH WATER WETI:ANllS: (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." _ 1 C 9705 2.25•H5 1 , e QUESTIO14NAIRE TO BE COMPLETED AND SUBMITTED MTH YOUR APPLICATION FORMS' 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 proposal s. to change or alter land contours? Yes to 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 o b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or-4D-_-1ow ground level, such as patios, foundations, etc.? Z�g No ** 4. Are there any existing or proposed fences, cvncrete barriers, decks, etc? Yes 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: " ft. Yes 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:' " ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits- pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: • . . . . . . . .. . . . . . . . . . . . . . . . 9. Do state-- whe.ther_ or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board- Yes o Town Board Yes o Town Trustees ' " . . . . . . . . . . . . . . Yes o County Health Department Yes o Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes i 10. Is premises pending a, sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from'contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as 'exists? Yes 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? Yeso 13. Please list present use or operations conducted upon the subject property t t is time and proposed ,Q 44 Please submit photographs f r the record. I certify that the above statements are true and are being submitted for lreli4aby ,,the Board o ppe is in considering my application.Signroper y Ow Authorized Agent X. 1/8 8- ** cement -slab, w.° n op will be covered. by proposed deck please see lattached sheet QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED MTH YOUR APPLICATION FORMS 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 � o 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 o b)Are there any areas open to a waterway without bulkhead? YesJ 3. Are there existing structures at Gr--beQrew ground level, such as patios, foundations, etc.? No ** 4. Are there any existing or proposed fences, cpncrete barriers, decks, etc? Yes 5. If project is proposed for an accessory building or structure, i3 total height at more than 18 feet above average ground level?, State total: ft. Yes 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:" ' ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits- pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state: whe.ther. or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes o Town Board Yes o Town Trustees Yes o County Health Department Yes o Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes I 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yeses 11. Is new construction proposed in the area of contours at 5 feet or less as 'exists? Yes Q 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 13. Please list present use or operat'ons conducted upon the subject property 4t this time and proposed , - Please submit photographs or he record. I certify that the above statements are true and are being submitted for relia rby the Board o ppe is in considering my application. Signatu roper y Ow Authorized Agent 1/88- ** cement..- l*ab, w:ic s n will be covered by proposed deck Please see lattached sheet U178 gar R. A N]DaiNO m . 31 �'• a I. ,f p � w,' aar• k �738 39 u N C69 ,a' Kl.11 1.°, THE NATURE r PPµGpE ; : x LOA(CJ;; 1r CONSERVANCY \'NOC -- ° /eo 2 D I FSEF- 5 05.0 D - ns' .10.12 ,\ 0 SLEEPY a HOLLOW° 00 U 34.1 y t 1• y b, 10.13 S.3Ak) ns. O b. 10.7 10.8 P N1.9 I.0 A c 20, `ODD \y�. 19.3A(c) - a•' LOAN' K1.10 i, q.14 1°1 nl 10.5 m ,•, ,., . LOA(c) ( '.,°- LO A(e)•� ' G 'Z cA •• •aa c\ as F 10.15 \ 'ra LOA(c) _ `O6 •°y,+o >a 1+1. 10.4 ,- ``Z9• o .•aya an ml 3. N+ „• a 33 0 10.16 . uc' - a ,•° `dr' • 32, s(50) �S 1.1 A,or -SIN _ ao 10.17 w w• �,. sse PARK �. ='II = 40.1 IO 1 1. 'rf laa us n.' uo ios ios ur O 20 °o• ap 4 _-- 1'01 wl lan lao an taN OnIn 17 16 19 20 - 21 a:_ _ Nx2t oO ,39 ay 1P_ - _ R �-56 a+ -_ •.• me s 22' 26 - 9l.n R D . -23 24 x 23 13 1 16v i s iro' -- ° 1.oi(fcJ 2 3b o 4 !J•+• GLENN .._ �37.Ie :Wl 4 ,«• •i' , an- ; '..�°\ '32 33 `34 ye ' GLENry a ° 1 .,...__ A M1!0 ne• - ° • >6 29 iw un ou - ` RD._ rn 'Z4 2$ q,0 at ,b ; YII �ql- xraJ. • dy rn' '. �: ri. 13 Li 4 I� C (e) IB 1 SEE SEC NO.076 - - - �. 17 �24lc 'p• '(14�c1 vo'• a220.. O O P o kc) x 5\ � le+6e as. 0 29 O 26 ;rlPlcl 6'+ e�'(. ,S Inl t,,.' ?24/c d V,O 1. %.2 P a 4`�\' QPT C�uRCN 26 a c.,S 34• T ° , P• 5p �..yp�2 v� 6 �o'gzT ,� ay. ,,\./o q(c s i tpAYJATHAs+ T �T �•yy' eyx Q 47 O - 56 :Lay 2b / s° 4fc r �1 m so 1� ` v, ''° ,i q8°.. b's. 1\�' �'•'03 32q O !66 o• .\,w -5T ,ay a2q 2 6J J14 ..3C•2, ° qT°,. Jye �,,, FF o23 ! . . O Q „"s/:.. \.2 P(c) 'o .o' \3. .32 •6•y\ '\ 4y ,n Z \4° ,o• o•' ^J 3 10 10 0. q 16 LA. 3y y\ ,O- a o. �s O 1.4 A(c)o i o 118• `f i %2 ' I2.1 17 19 L 03 3 " 3.6 A(1 ` 37 '�'J• �ao' 6,A O .., .I !! __ 10 N 300.400. /S____ ,�9•RD. (50.1 .q5 o. M4TCH LINE DKD)h(S PA y ..•1 - 1+ o! SEC. / NO.087 N a 1: P.opary or R'a L- Cowry Li°° F-V 210 - NICHAEL BAKER. JR. D LLD 1 - N-r P.[,Utl1 molna Common O.ner_ 1,1,1 ia-Loll- _---_ Vdl •Ln.i .\ - 'u [a+cf�(x,"" `a)N 7T\•x �1 - l .Pe.naylr°no RJIneed a .r IYJ i � B .ETI Pr�(l4l 4 A ' A—Cl/ Lit Id ° R-40 —40 "* y' s t .:/ a /40 r ;}}a � v ' s Goose Creel, {fit ACR R-80 8 you •° , o R 00 ` �P A—C �n ) V L E PECONIC s Y� BAYff -7c Agricultural Conservation So v, . 4.4 -ao Residential Low Density AA -8o Residential Low Density A J -�zo Residential Low Density B I—.- -zoo Residential Low Density C -F8 W78 x 1-71 a-- 4 O• - 38 39 �� ar A06q lu _ Y D.11 1•°7 THE NATURE _ e LOA(i: '\' CONSERVANCY .10.12 \ P=i�1 Y 62e °� " z SLEEPYr " HOLLOW° DO34.1 ''��, 5.3AW \ °dID.6 _p 10.13 `•' o O\ Ib d 10.11.0 .7 . Y . 2 PD.? 09 Pd $. '•2. '�Q.\5.. '1' 19.3A(c) ' LOA(a' 10.10 i,, p.14 ru7 10.5 LOA(d G� o Iw 1.7 I» In LO A(c) - G 10.15 '°6 0•` '•° ) P\ as "•• LO A(cl °•, - m. 10.4 \\r1,9. a "fy m 'b. 10.I6Y: •°r - f ,�o d 32 1.1 A(.) 10.3 x•' y° Ixx / " PARK IO.17 w 42 ='II ° 40.1 I.n NN o iae iff i.' uo' ica ws' ,ar' O o•` 00 O �� ' W _ a) lal ua 0a O9 W N a 4 aO.Tom.. .• - ColoZ oo '39 R.22* DR , .11e, x• ..23 Y 24. 25 0 c.i 131 16� i� .°6 '„ LONe)a p¢ f.!' ° i2•3 0•i4 s, GLENN ":Ho a w•� ° ;.a� 3� '32 33 34 O c ° rxry'yb z! zz 23 24 ao RD. 4.a eon ' 2.6 Q .. ISJ 4(c) � � °x9/c SEE SEC NO.076 s"s, / J 3j F lcl �2,eld o . 2 �" NO 0 • 4.. lz _ x 4 n •%9A 51 -556p�q w ••6e °3p,+n•,o 3jB 3 s O'2.6 1 lcl 65, " SS K 9 e 29 pn u. 3z' ''• ?,?4/ T lcl �lG u7 70 °/. ,xe 12F �1' QAS CHURCH 28 °wb '� 3w• , 54 s C ,.,• B° °+ v as 1/ - e j .. . o• 5 :.50�2 9�. 2T 3y. -/O ,00 HASff T :,y ., py� s q..,p xA"• i 4j�• 4/c! tUPNAT - y g5+.y,55 ,,, cl`� 26sf `a 2j4/c 42 , ,x. N y.- ,.. + ,n,a�• �`36 / 3. 9 1 O PLe l 'L5 '20 u r^�±NO -p9 j N y6 . ,•,° \O�• 25• /.'. 4/c. 9' Q'•e A1.Q/ s, N _ O 06�L5,� � , ��O•`„i" ,0 4B°,.. 51 °�; `•j1 \L� 024 �' �d� 324E/332?2 �g/Lc43" /� °y0.z" Y 4TS te 6 9�023 ,4 , 9 lcl a\ q6 2 -a ' \3°��° 1 2 43• _y o.\ 5 22 j4' •'' N - .e 32 .off � q5 „e Z L4� w. °•' n� J� - L2 A lel ° ,rd 600 `50 - 1•° r - O � u, •'' of ° ', f`` - `• '° - �- 4V. 350 ;aL „p ; -,.0 1.4A(u)e 17 IB• 19. 12.1 1 5.6 Alcl +�1 la e o .a• -62 O .., .1 !0 1501 RD. un xul 11 ` o. 11ATCH�_ -LINE NOKOMIS rN7 u•x o! SEC. CN0.087 -04-11 .' PrepnrY or R'.L0• C..n Li- IF �.. YICMAEL BAKER, 1R. 'Y •__._.,-,,, 0 110 - _ •''Y P[.1„I7 Dmer•f CoT.•n O.narT_ T..n L:n. 77_/ ['^•• f E.y S°bdi.�f.on L.r'L- ___-_ v�ll •L7.• .\ -'-- - -U I•-+�f)f[��� '''•77Yx ��� B10 sr.:•PennfJl an.o �r .MO\•.�,\' _ ---___--_.,... G BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Cindy L. Ruggles. . NOTICE • TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1.-That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a tljariance (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: District 1000 Section 078 Block 03 Lot 015 1150 Nakomis Road Southold, New York 11971 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 zone 4. That by such Petition, the undersigned will request the following relief: to construct a deck exceeding the rear property line limit 5. That the provisions of the Southold Town Zoningg �Code a plicable to the relief sought by the under- signed are Article IIIA Section '100-30A3 = R0 zone = non n to o area [ ] Section 280-A, New York Town Law or approvaff oac ss over rights)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right-to appear and be heard at such hearing. Dated: May 1'•1989 Cindy L. Ruggles Petitioner - 0 w n e r s ' Name s : Cindy L. &Mitchell X. Ruggles Post Office Address 1150 Nakomis Road Southold, N.Y. 11971-1813 Te 1 . No. ( 516 ) 765-4366 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] B PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS zar6 1J971 M iilev &►LL , nl ,�1� 1176q WWJIVA� . .. dc►kC�c►�e . 1�, �� 11710 / .. i STATE OF NEW YORK ) ss , COUNTY OF SUFFOLK) Q L residing at IIYb AV AbMh1 T-D . Ek b , being duly sworn, deposes and says that on the day of . 119. deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the a ove-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 curre/nl assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at L.zlrPeh ;that said Notices were mailed to each of said persons by (certified) (regist red) mail. Sworn to bef re me this 6/ day of , 19 c6 Notary Public MARK T.GAGEN NOTARY PUNo IC,State f New York 95650 Qualified in Suffolk Countyy Commission Expires May 31,192 (This side doe$ not have' to be completed on form transmitted to adjoining property owners . ) P 014 828 666 P 014 828 663 P 014 828 664 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) (See Reverse) S to Sent to Sent Street d No. Street nd No. Street �l0. P.O.. to an -ZIP ode / P.O., ate nd ode P.O., t nd ZIP C 6/ G Postage S ' Postage S Z r Postage L Certified Fee Certified Fee Certified Fee _ f Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt showing Return Receipt showing Return Receipt showing to whom and Date Delivered to whom and Date Delivered to whom and Date Delivered IA W 0 Return Receipt showing to whom. Return Rec to whom, Return Receipt showing to whom. Date,a ddress of De ry Date,and Address of Delivery Date,and Address of Delivery m TOTAL Postage and Fees S I 1 a ' TOT G" and S Ji ' TOTAL ?S' Feed S o Postmark �tg G nn, m Pos J CID Post Cacti r Ditp�� \ 1 con Q � ILL InCn .-- d BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Cindy L. Ruggles NOTICE • TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1.-That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] 1. l 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: District 1000 Section 078 Block 03 Lot 015 1150 Nakomis Road . Southold, New York 11971 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 zone 4. That by such Petition, the undersigned will request the following relief: to construct a deck exceeding the rear property line limit 5. That the provisions of the Southold Town Zoningg Code applicable to the relief sought by the under- signed are Article IIIA Section 100-3OA3 = R40 zone ea [ ] Section 280-A, New York Town Law or appro°vat o acc sos 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) 7t 5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be'published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right-to,appear and be heard at such hearing.` ' Dated: ' ' 'May L-1989 Cindy L. Ruggles Petitioner 0 w n e r s ' Names : Cindy L. &Mitchell X. Ruggles Post Office Address 1150 Nakomis Road Southold, N.Y. 11971-1813 Tel . No. ( 516 ) 7654366 [Copy of sketch or plan showing proposal to be.� att.ached . fo-r convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS D Y��f'C•.. �aurf. �G%C�ci�e . • I�. � 117�� . . STATE OF NEW PORK ) ss.: COUNTY OFSUFFOLK) 1.1L L . uL�L��s , residing at I� � I being duly.sworn, deposes and says that on the day of M ri, , 19 , deponent mailed a true copy of the.Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective. names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice atrPeh ;that said Notices were mailed to each of said persons by (certified) (regist red) mail. Sworn to before me this day of , 19 7— Notary Public MARK T.GAGEN NOTARY PUBLIC,State of.New York No.4695650 Qualified in Suffolk County Commission Expires May 31,19,19 (This side doe$ not have to be completed on form transmitted to adjoining property owners . ) NOTICE OF HEARINGS NOTICE IS HEREBY I .conj�g -at approximately -> GIVEN, pursuant to Section 8,20 ft. in this R 40 Zone ' g 0P•m. App 3843- Article XXIV,Section 100 244B, 267 of the Town Law and the District.Property location:630 ADAM 'ASSOCiLrsi rS. Vari- and Article XXIV, •Section Code of the Town of Southold Oak Street Cutcho ue NY ance to the Zoning COUNTY O F S U F FO L K •. g g Ordinance, � 100-242(A) concerning exten- . STATE O F NEW YO R K ss: the following hearings will be County Tax Map District 1000, Article VIII,Section 100-82 for sion of nonconforming side and held by the SOUTHOLD - Section 136, Block.1, Lot 42.1 �i approval of insufficient lot area front yard setbacks. Lot area is • TOWN BOARD OF APPEALS (includes 41 &42); Subdivision and width of proposed Lot No. nonconforming at approximate- . at a Regular Meeting, at the of Eugene Heights,Lot Nos.28, 4 (which is located in the LB ly 9961 sq.-ft. in this General Southold,Town Hall, Main 29 and half of 27. Zone District)as shown on the Business(B)Zone District.Pro- Patricia Wood, being duly sworn, says that she is the Road, Southold, NY 11971, on 7:50 p.m. Appl. No 3845- subdivision map pending before perty location: Corner of the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, THURSDAY, JUNE 29, 1989, PHILEMONANDBARBARA I the Southold Town Planning South Side of the Main Road at the following times: - DICKERSON. Variance to the j Board.Property location:North and the East Side of Sigsbee a public newspaper printed at Southold, in Suffolk County; 7:30 p.m. Appl. No. 3841 Zoning Ordinance; Article ! Side of C.R.48,Mattituck,NY; Road, Mattituck, NY; County and that the notice of which the annexed is a printed copy, GERARD W. GAUGHRAN. I XXIV,Section 100-244,and Ar- County Tax Map District 1000, Tax Map District 1000„Section Variance to the:Zoning Ordi- ticle IIIA Section 100-30A.4 Section 113 Block•12 Lot 10. 143 Block 2 Lot 1 (or 1 and has been published in said Long Island Traveler-Watchman nance, Article VII, Section (Article III, Section 100-31 as 8:15 p.m. Appl. No. 3840- 30). once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks 100-72 Article III Section Disapproved ESTATE OF JENNIE HAR '8:45 p.m. Appl. No. 3797- ( pproved March 2,1989)for � 100-31 under Ission to con- sor storage bull construct acces- RIS. Variances to the Zoning FISHERS ISLAND UTILITY the p I permission to " ing code for y g din in an area Ordinance,Article XIV,Section �.e successively, commencing on the oZ g COMPANY, INC. Conclusion , g • • • • • • • • • • • • • • • • • • • • • • strt<ct addition(s) to existing I other than the required rear ! 100-142 (Article III, Section of written portion of hearing, ~, single-family dwelling structure yard.Lot area is nonconforming I' 100-31 as Disapproved)for ap- rescind prior resolution render- d�y of . . . . . . . . . . ., 19 . i with an insufficient rear yard at approximately 16,800 sq. ft. i proval of insufficient lot.area ed February 9, 1989, and com- mence LJ setback from the northerly pro- in this R-40 Zone District.Pro and width of two proposed par- mence deliberations concerning-s�- I perty line.Lot area of premises ' perty location: 3220 Delmar I cels,each with an existing dwell- a Variance to the Zoning Ordi- I is nonconforming at 25,634 sq. Drive,Laurel,NY,Laurel Coun- ing:Zone District:Light Indus- nance, Article III, Section ft. in this R 0 Zone District. try Estates Lot#36;County Tax trial (LI). Property location: IW-32 (previously 100-31) for Location of Property: 49925 Map District 1000,Section 125, '1 North Side of C.R. 48, Cutch- approval of insufficient area of Main Road, Southold, NY; Block 4, Lot 14. ogue,NY;County Tax Map Dis- two proposed parcels in this County Tax Map No. 1000-70-.I JOSEPH D. CAVANAGH and it trict 1000, Section 96, Block 1, pending division of land. Pro- , PP Lot 18.1 (18). Sworn to before me this . . . . . . . . . ..a perry location: West Side of day of 7:35 P.M. Appl. No. 3850. DAVID CICHANOWICZ. . j 8:20 p.m. Appl. No. 3855- �l Crescent Avenue and the North ROBERT GABRIEL. Variance Variance to the ZoningOrdi- BARBARA BRUCH. Variance Side of Central Avenue,Fishers to the Zoning Ordinance,Arti- nance, Article XXIV,•Section to the Zoning Ordinance,Arti- Island, NY: County Tax Map • • • • • • • • •9, 19 • cle III,Section 100-32 and Sec-. 100-244 and Article IIIA, Sec- cle XXIII,Section 100-239d for District 1000, Section 6, Block tion 100-13,as Disapproved,for tion 100-30A.3(Article III,Sec- permission to locate new dwell- 6, Lot.20.4. permission to construct new tion 100-31 as Disapproved),for ing structure with an insufficient The Board of Appeals will at dwelling upon Lot #1 in this I permission to locate proposed setback from existing concrete said time and place hear any and Subdivision known as"Map of new dwelling with an insuffi- I seawall along Arshamomaque I all persons or representatives de- .?. . . � . • • • • • • Richard J. Cron, County cient front yard setback from. Pond. Property location: 80 siring to be heard in each of the Clerk's Map No. 7975, filed the northerly Beverly Road, Southold, NY; . N o to r Public y property-line and I above.matters. Written com- $� y 9/30/85, said lot having an with an insufficient rear yard ! County Tax Map District 1000, ments may also be submitted insufficient width at the propos- setback from the southerly Section 52 Block 2 Lot 39. BARBARA A:SCHNEIDER _ Y pro- - prior to the conclusion of the ed building setback line. Pro- perty line. Lot area is noncon- 8:25 p.m. AppL. No. 3856 subject hearing. Each hearing NOTARY PUBLIC, State of No%* err location: West Side of f forming at 8 417 s ft. in this will not start before the time al- N0.4806846 perty. g q• JOHN,AND MARIAN BOPP. I 1 Aldrich Lane; Laurel; County R 40 Zone District. Property , ! Variance to the Zoning Ordi- lotted.Additional time for your ual issi n Spinsuffolk COu Tax Map District 1000, Section location: 1375 Private Road 1 A Commission Expires �����90 ,- _ _ _ � i� nance, Article XXIV, Section ;.. presentation will be available,if 125, Block 2, Lot 1.14. (said lot extending 1333.97 feet , • 100-244 for permission to con- needed.For more information, 7:40 p.m. Appl. No. 3848- from the.north side of North I struct deck addition with an in- please call 765-1809. CINDY RUGGLES.Variance to Bayview Road), Southold, NY; sufficient rearyard setback.Lot i Dated: June 14, 1989. the Zoning Ordinance, Article County Tax Map District 1000, area is nonconforming at ap- i BY ORDER OF XXIV,Section 100-244(Article Section 77, Block 3, Lot 18. 1 proximately•13,500 sq.ft.in this I THE SOUTHOLD TOWN IIIA,Section 100-30A.3,as dis- - ,� 8:00 p.m. Appl. No. 3847- 1 ; RO Zone District. Property BOARD OF APPEALS approved) for permission to ;I JOHN R. AND JEAN R ED- . j location: West side of Maple GERARD'P. GOEHRINGER construct deck addition with an LER. Variance to the Zoning Street, Mattituck, NY; County CHAIRMAN insufficient rearyard setback. Ordinance,Article IIIA,Section Tax Map District 1000,'Section I By Linda Kowalski Lot area is nonconforming at 100-30A:4 for, permission to 140, Block 3, Lot 24. 1X, 6/22/89 (1) iaPProximatel 13,300 sq. f. n locate accessory buildingin an 8:30 p.m. Appl. No. 3862- I I j this R-40 Zone District.Proper- jI area other than the required rear HAROLD AND HATTIE ty location: 1150 Nakomis Road, Yard. Property location: 3030 ' ISTETLER.Variance to the Zon- Southold;County Tax Map Dis- Cleaves Point Road, East ing Ordinance, Article IIIA, trict 1000, Section 78, Block 31 Marion, NY; County Tax Map Section 100-30A.4 for permis- Lot 15. District 1000,Section 38,Block sion to locate accessory building 7:45 p.m. Appl. No. 3844- 2, Lot 32; Marion Manor Sub- in an area other than the re- DR. AND MRS. IRA WECH- I division Lot No. 4. quired rear yard.Property loca- 8:05 m. I tion:670 Wiggins Lane,Green- f TERMAN. Variances to the P• Appl. No. 3846- Zoning Ordinance, Article CHESTER AND JOYCE port,NY,County Tax Map Dis- f i XXIII, Section 100-239d, and- SKWARA. Variances to- the trict 1000, Section 35, Block 4, Article IIIA,Section 100-30A.3 Zoning Ordinance, Article•1I1, i 28.7• 1 (Article III, Section 100-32 as Section 100-32 for approval of 8:40 p.m. Appl. No. 3808- 1 pp , 1 insufficient lot area of ro os- 1 Disa roved on March 9 1989) P P GUNTHER MORCHEL. for permission to construct deck ed Parcels No. 1 and No.2.Lot Variances to the Zoning Ordi- i addition with an insufficient set- area is nonconforming in this ' nance, •Article X, Section back from the rear property line R 80 Zone District at 76,970 sq. 1I 100-102 for permission to con- and an insufficient setback from ft.Property location:North side struct addition with an insuffi- the existing concrete block re- of Wells Road, Peconic, NY; j cient rearyard setback and lot . taining wall along Eugene's County Tax Map District 1000, I I coverage in excess of maximum (East) Creek. Lot area is non-_ 1' Section 86, Block 1, Lot 14. limit of 30% (as disapproved),, NOTI OF HEARINGS 0 NO IS HEREBY GIVEN, Pursuant to Section 267 of the,Town Law and the Code of the Town of STATE OF NEW YORIq Southold,the following hearings will be held by the SOUTHOLD TOWN ,SS: BOARD OF APPEALS at a Regular COUNTY OF SUFFOLIQ Meeting,at the Southold Town Hall, Main Road,Southold;' �i9�71,on THURSDAY,JUNE 2',1989,at the I of Mattituek, in following times: Yvonne Liebl ei n 7:30 p.m.Appl.-No.3841 -GER- said County, being duly sworn,says that he/she is Principal ARD W.GAUGHRAN.variance to Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,the Zoning Ordinance,Article VII, Section 100-72(Article III,Section published at Mattituek, in the Town of Southold, County of 100-31 under the previous zoning code)for permission to construct Suffolk and State of New York,and that the Notice of which addition(s).to existing single-family the annexed iS a printed copy,has been regularly published in dwelling structure with an insuffi- cient rear yard setback from the said Newspaper once each week for _i weeks northerly property line. Lot area of Premises is nonconforming at 25,634 successively, commencing on the 29, . day of sq. ft. in this R-O Zone District. . Tun P 19�g Location of Property: 49925 Main Road, Southold, NY; County Tax l� Map No.1000-70-5-2., 7:35 p.m. Appl. No. 3850. ROBERT GABRIEL.Variance to the Zoning Ordinance,Article g,Sec- don 100-32 and Section 100-13,as j Disapproved,for permission to con- Principal Clerk struct new dwelling upon Lot#1 in 1 +� this Subdivision known as"Map of _ _ I' Richard J. Cron," County Clerk's the subdivision mapfpending before Map No.7975,filed 9-30-SS,said lax the Southold Town Planning Board. fLdSay sworn of®o�re�me this lJS_having an insufficient width at the Property location: North Side of / 19 Proposed building setback line.Prop_ C.R.48.Mattituck.,NY Coun Tax MARY K.DEGNAN erty location: West Side of Aldrich Map District 1000, Section 113, NOTARY PUBLIC,State of Neva Yorf Lane,Laurel; County Tax Map Dis- Block 12,Lot 10. Suffolk County No.4849860 \ trio 1000,Section 125,Block 2,Lot 8:15 p.m. Appl.No. 3840- ES- 1/ ^ 7 +fin Expire ebrar° 1.14. TATE OF JENNIE HARRIS. Vari- l� 7:40 p.m. Appl. No. 3848 - antes to the Zoning Ordinance,Arti- CINDY RUGGLES. Variance to the cle XIV, Section 100-142 (Article Zoning Ordinance, Article XXIV, R Section 100-31 as Disapproved) Section-100-244 (Article IRA.Sec_ for approval of.insufficient lot area lion 100 30A.3,as disapproved)for and width of two proposed parcels, Permission to construct deck addition each with an existing dwelling Zone wit}►an insufficient rearyard setback. District:Light Industrial(Lij. Prop_ Lot area is nonconforming at approx- ertY location:North Side of C.R.48, imately 13,300 sq. & in this R-40 Cutchogue, NY; County Tax Map Zone District. Property location: District 1000,Section 96,`Block 1, 1150 Nakomis Road, Southold; Lot 18.1(18). County Tax Map District 1000,Sec- 8:20 p.m.Appl.No.,3855-BAR- tion 78.Block 3,Lot 15. BARA BRUCH. Variance to the 7:45'p.m.Appl.No. 3844- Zoning Ordinance, Article XXIV, AND MRS.IRA WECHTERMAN Section 100-239d for Variances to the Zonis . pission to g mane, locate new dwelling structure with Article XXM,Section 100-239d,and an insufficient setback from existing Article IIIA, Section 100-30A.3 concrete seawall along Arshamo- (Article III,Section 100-32 as Disap. maque Pond. Property location: 80 Proved on March 9, 1989) for Beverly Road,Southold,NY;Corm- I percussion to construct deck addition tY Tax Map District 1000.Section with an insufficient setback from the 52,Block 2,Lot 39. near Property line and an insufficient U5 p.m.Appl.No.3856-JOHN setback from the existing concrete AND MARIAN BOPS Variance to block retaining wall along Eugene's the Zoning Ordinance,Article XXIV, (East)Creek. Lot area is noncon- Section 100-244 for permission to forming at approximately 8,200 sq. construct deck addition with an ft in this R4 Zone District Prol, insufficient rearyard setback. Lot erty location:, 630 Oak Street, area is nonconforming at a Cutchogue,NY; County Tax Map mately 13,500 sq.fft.inthis RO Zone District 1000,Section 136,Block 1, District. Property location: West n Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 1 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time orcni �i cr7 i n �-l�c ocrpnf- +-I---- - -- r.-�...s.�..i 1.�.. 11 %du r1 1-L.- ...r/rViliV.i 111 6.11V V V V1.\.. ♦.ii\..i V Gi1V '1 V%_ l.1 ons brouyll�.�. u� uLL1.Lily Uil= same and in order to prevent .a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Page 9 - Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 14, 1989 Copies to the fallowing on or about June 15, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. William Conway, as Agent for Gerard Gaughran, P.O. Box 1902, Southold, NY 11971 Mr. Robert Gabriel, 12 Harrison Avenue, Bellport,. NY 11.713 a-Kr. and Mrs. Mitchell Ruggles, 1150 Nakomis Road, Southold 11971 Mr. James Fitzgerald, Box 617,. Cutchogue, NY 11935 (pers. del. ) Mr. and Mrs. Philemon Dickerson, 3220 Delmar Dr, Laurel 11948 Michael Hall, Esq. for Cavanagh and Cichanowicz Youngs Avenue, Southold, NY 11971 Rev. and Mrs. John R. Edler, 3030 Cleaves Point Road, East Marion, NY 11939 Karen Hagen, Esq. for: (a) Chester and Joyce Skwara and (i) Slate of Jenne Harris WW & B, Box 1424, Main Road, Mattituck, NY 11952 Lynne M. Gordon, Esq. for Adam Associates Scheinberg, Schneps, DePetris & DePetris One Union Square, Aquebogue, NY 11931 Gardiner`s Bay Construction Co. , Box 443, Peconic, Ny 11958-0443 for Barbara E. Bruch Mr. and MXs. John J. Bopp, 175 Maple Avenue, Box 403, Mattituck, NY 11952 Mr. Gunter Morchel, Box 1216, Route 25, Mattituck, NY 11952 Mrs. Dorian Harkoff, Wells Road, Mattituck (as requested) Richard F. Lark, Esq. for Fishers Island Utility Co. Box 973, Main Road, Cutchogue, NY 11935