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HomeMy WebLinkAbout3838 IR Southold Town Board ofAppeals 16 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. ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWICKI JAMES DINIZIO, JR. Appl. No. 3838: Matter of JOSEPH D. CAVANAGH and DAVID CICHANOWICZ for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article IIIA, 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. Location of Property: 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. WHEREAS, a public hearing was held on June 29, 1989 under Appeal No. 3838; 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 easterly side of a private right-of-way referred to as Private Road #1-A, in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 77, Block 3 , Lot 18. Page 2 - Appl. No. 3838 Matter of CAVANAGH AND CICHANOWICZ Decision Rendered June 29, 1989 2. The property is vacant land consisting of an area of 8,4417 sq. ft. and is nonconforming in lot area, lot width and lot depth. 3 . For the record it is noted that a portion of the subject right-of-way has been considered by the. Board of Appeals under Appl. Nos. 2627 and 2628 on October 11, 1979 (G. MacLean) and was granted a conditioned approval under New York Town Law, Section 280-A, subject to improvements to the right-of-way under Board of Appeals specifications) . 4. By this Board' s letter dated June 9, 1989, the applicants were advised that the right-of-way must be upgraded by filling all potholes and depressions with medium-size gravel (mixed with sand) for the entire length and existing width. 5. 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 minimum sideyard at 20 feet. Article XXIV, Section 100-244(B) permits a rear yard reduction for a principal structure to 35 feet in the front yard, 35 feet in the rear yard, and 10 and 15 ft. for side yards, for lots containing less than 20,000 sq. ft. 6. The relief requested by this application is for a reduction of the most northerly front yard setback from 35 feet to approximately 23 feet and from the most southerly yard setback to not less than 10 feet. 7 . It is the position of this Board in considering this application that: (a) the circumstances are unique to the property, having frontage along three rights-of-way or roads; (b) the relief, as alternatively granted, is the minimal necessary under the circumstances; (c) the relief, as alternatively 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,,' 3838 Matter of!CAVANAGH_AND CICHANOWICZ Decision-'keridered June Z9 —19.8.9 - - Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT alternative relief for the placement of the newly proposed principal building under the Application of JOSEPH D. CAVANAGH and DAVID CICHANOWICZ under Appeal No. 3838 at not less than 11 feet from the southerly property line along land now or formerly of Westerbeke (Lot #1000-77-3-19) and at not less than 22 feet from the northerly front property line, at its closest points; and it was further RESOLVED, that the legal right-of-way extending from the north side of North Bayview Road to the subject lot be upgraded, pursuant to New York Town Law Section 280-A, as follows: All potholes and depressions shall be filled with medium-size gravel (mixed with sand) for the entire length and existing width. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 7 l71&-y HOUR 3::3 Town Clerk, Town of Southold • Cj; µ 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 insuffici t rear yard setback from the northerly property line. Lot a T a 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 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot #p1 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 ILIA, 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 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 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. 3861- - 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) . FORM NO.3 TOtivN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. 3 _ F F NOTICE OF DISAPPROVAL Date . . . . . . . . . . . . . . . . . . . . TO �- Iyow- . . : . :��. . g°`. . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . �/�(P, , _ , 19 , for permit toG� t'! . . . . . . . . . . . at Location of Property . . . House No. Street . • . . . . . _. . . . . . . . . . . .Ham/et County Tax Map No. 1000 Section . . . . . . .�r . . . Block . . . . . . .3. . . Lot . . . ./. . , , , , . , i Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . ... . . . . . . . . . Ze:,,erewith and disapproved on the following grounds . .. Zee,� I-� a • • ,. . . .!. . . . . . . . . . a . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . o Buil� ngVc ctor� RV 1/80 N � A-11 VI �� MAR 2 01989 TOWN OF SOUTHOLD, NEW YORK "lF"1dXWk#SION OF BUILDING INSPECTOR APPEAL NO. J 9-3 DATE .....U14 H........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Joseph D. Cavanagh and (We) David Ciclianowc ,,,,,, of ,,,,,P,O.,,,BQ�c„�Q�,, Mair} Roads„Southold= NY Name of Appellant Street and Number ................. South T ... ....,................................_ ,, ... ....old.. . own........ . .... ......New..York.,,...,,HEREBY APPEAL TO ........ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ................1/18/89......................._. WHEREBY THE BUILDING INSPECTOR DENIED TO Joseph D. Cavanagh and David Cichanowicz ................................................................................. Name of Applicant for permit of p,O.Box 909, Main Road, Southold, New York 11971 .................................................................................................................................. Street and Number Municipality State ( x) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ......1375 ,Private Road, Southold; NY A-Res .... . ...... . ............. .. ... .... Street /Hamlet / Use District on Zoning Map District 1000 Section 77 B1 ock 03 Lot 18 :,Current Owner Cavanagh/Cichanowicz ........................................................................ Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (Xx) 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) ( ► ) been made with respect to this decision of the Building Inspector or with respect to this property. Such Appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( x� A Variance to the Zoning Ordinance is requested for the reason that owners have insufficient setbacks to construct a modest home on this small,pre-existing parcel. Form zB1 (Continue on other side) !W'wirry���1 T - REASON FOR APPEAL • Continued • '± '`` 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the proposed house is 27' x 40' - of average size - and strict application of front/rear side yard setbacks would make it literally impossible to construct a normal sized hom on the premises. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this property is unusual in several respects: 1. it is not only a corner parcel, but has a right-of-way on three of its four sides and 2. this property is only 60' wide and 140' long. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this parcel has existed in its present size for quite some time and, as can be seen in Section 77 of the Suffolk County Tax Map does conform with the property immediately continguous to it - to the South as well as a great majority of the properties on Section 77 of the Suffolk County Tax Map. Additionally, the proposed house is in all respects in conformity with the character of the homes in that district. STATE OF NEW YORK ) ss �/ ..' ........... .......I............................ COUNTY OF Suffolk ) Michael Hall��Esq re attorney for David 'chanowicz and Joseph Cavanagh Swornto this ................. j ................... day of.................arch.............................. 19 89. ............. ........... ... ....... Notary P.ublic A�INCµ O GAPft in pufte TOWN OF SOUTHOLD PROPERTY RECORD CARD 0--6 7 7— 3 OWNER STREET VILLAGE DIST. SUB. LOT Dav\'d FORMER OWNER N E /' ACR. SU W TYPE OF BUILDING _ . d r e.Ca ire r � RES. SEAS. VL. FARM COMM. CB. MICS Mkt. Value LAND IMP. TOTAL DATE REMARKS z $ L 1055 -�540 Oaff i o 1 as o-d AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK wr MOW TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNE R STREET VILLAGE DIST. SUB. LOT n✓ - .�r-2 FORMER OWNER N E ACR. S W TYPE OF BUILDING �o t RES. a�0 SEAS. VL. ~ FARM JAM. CB. MICS. Mkt. Value - LAND IMP. 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Title Association. ( VACANT 1 - SURVEY OF PROPERTY AT c - t z B AY V I E W z 3 (1�.a 30 WIDE RIGHT OF WAY rettes7onE) E1a4 } TOWN OF SOUTHO L D W 0 _ S. 72° 25' 3o"E. 140. 34 ' /a/ r HOLE �o SUFFOLK COUNTY , N:Y, a 3 g o z*f 7 q 1000 077 - 03 - 18 f �Op' kin . srTEST } N srrrrx MrEw a 3 SCALE I " c 3 0 ' HOLE DATA - 3 Id1! Cr 3 DEC. 31 , 19 8 7 DAMrN�oAr ,} _ U. APRIL.25,, t988 jN�D o M So _ t\ proms g a± M O o = a i0 40,Mp CERTIFIED TO MEMN� Z taa C6AMERICAN TITLE INSURANCE CO, coN I NON'I wort N. 72° 25 30 W. 140. 24` ,DAVID CICHANOWICZ W t o 1 12.7 M N /0 / F ROBERT WESTERSEK4 i i 01.AN0,T & JOYCE WESTERBEKEI y�Q�`�►.�NC� ( DWELLING J ----JO----- V / .`t Z� trots�r�rowonw M * SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES�.. �► ti _ S. L IC. NO. 49668 FOR APPROVAL OF-CONSTRUCTION ONLY AREA = 8 , 417 S Q. FT. CONIC S d 6 N G 1 N E E R S � P. C. TO AN Assu�v aA rtac � 516) 76 5 — 5020 DATE ____. HS REF. NO. P.O. ROAD Dos NORTH BAYVIEW ROAD MAIN ROAD APPROVED- SOUTHOLD,N.Y. 11971 ProF. s ' 3-/0 10 0 �j COUNTY OF SUFFOLK 4. PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ 360-5206 DIRECTOR OF PLANNING July 10, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Joseph Cavanaugh & David Cichanowicz #3838 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.1., NEW YORK 11788 (516)360.5192 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. Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : X Variance from the Zoning Code , Article XXIV Section 100-244 IIIA, 11100-30A. 3 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3838 . Applicant : JOSEPH D. CAVANAGH & DAVID CICHANOWICZ Location of Affected Land : 1375 Private Road 1-A, Southold, NY County Tax Map Item No . : 1000- 77-3-18 Within 500 feet of : Town or Village Boundary Line X Body of Water (Bay , Sound-' or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant _ Within One Mile of An Airport . COMMENTS : Applicant is requesting permission to locate new dwelling inguffic-ient rear yard . setback from southerly property line, insufficient front yard setback from northerly property line. Copies of To4rn file and related documents enclosed for Your- review. Dated : 7/5/89 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. July 5, 1989 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Michael J. Hall, Esq. Youngs Avenue 'Southold, NY 11971 Re: Appl. No. 3838 - Cavanagh & Cichanowicz (Variances) Dear Mike: Transmitted for your records is a copy of the recent 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 { Town Hall 53095 Main Road JAMES A.SCHONDEBARE TOWN ATTORNEY P.O. BOX 1179 Southold, New York 11971 ROBERT H.BERNTSSON � a r .- ASSISTANT TOWN ATTORNEY Y" 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 If 2000 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 t 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. June 9, 1989 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appl. No. 3838 - CAVANAGH AND CICHANOWICz (Variance) Dear Mike: As recently confirmed with yo the above application, originally reserved for June 15th,Nras been re-scheduled for the hearings calendar set by the Board for our June 29, 1989 Hearings Calendar during the evening. Also, upon recent inspections, Board Members indicated their concern for the condition of the right-of-way and confirmed for the record that the following improvements will be and are necessary pursuant to New York Town Law, Section 280-a, and the Board' s decision under Appl. No. 3184 concerning access to this property: All potholes and depressions shall be filled with medium-size gravel (mixed with sand) for the entire length and existing width. A copy of the Legal Notice of Hearing as published by our office in the official newspaper of the town will be forwarded to you within the next few days as confirmation of the time of the public hearing on this matter. Please feel free to call our office at any time if you have any questions concerning this application. Yours very truly, jrLP. G0 HRINGER �indaG . Kowalski - 01 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI April 3, 1989 JAMES DINIZIO, JR. Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appl. No. 3838 - J. Cavanagh and D. Cichanowicz Dear Mike: This letter will acknowledge receipt of the above application recently filed by you. The Board Members will be conducting field inspections and other reviews as may be required by State and local laws prior to the commencement of the public hearing. Your application has been calendared for the evening of Thursday, May 18th, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation in the near future. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FFo � • 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. : 3838 PROJECT NAME: J. Cavanagh & D. Cichanowicz 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- cant 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. one family dwelling with insufficient front and rearyard setbacks. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1375 Private Road 1A, Southold - 77-3-18 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, 6 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 u hold Town Board of A eals So t MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Ol 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. : 3838 PROJECT NAME: J. Cavanagh & D. Cichanowicz 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 1#44-4 of the Town of Southold. - This board determines the within project not to have a signifi- cant 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. one family dwelling with insufficient front and rearyard setbacks. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1375 Private Road 1A, Southold - 77-3-18 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, 6 NYCRR, SEQRA FOR FURTIIER 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. � ��FFoc�r • Town Hall, 53095 Main Road Off, P.O. Box 1179 Southold, New York 11971 1 � � 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: March 20, 1989 Transmitted herewith is Zoning Appeal NO. 3838 application of Joseph D. Cavanagh 8 David Cichanowicz for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; 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. • g,,.,...� �,�• a..0•��v�- Judith T. Terry Southold Town Clerk Ci'C�Z�iL :larch 15 , 1989 Mrs . Linda Kowalski Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold , New York 11971 Re : Construction of Single Family Dwelling Cavanagh/Cichanowicz SCTM#1000-77-03-18 Dear Linda : I am submitting for your review and consideration the following application forms and information: 1 . Notice of Disapproval dated January 18 , 1989 by Building Inspector Thomas J. Fisher 2 . Application for Appeal of Decision by Building Inspector in triplicate 3 . Notice to Adjoining Property Owners with certified mailings attached 4 . Completed SEQR form and Questionnaire 5 . Four (4) copies of updated survey with proposed house 6. Copy of deed dated 2/8/88 transferring title 7 . MJH check No. 3507 in the amount of $150.00 for filing fee If you have any questions , please contact my office. Sincerely, Michael J. Hall HJH: pg Encs . cc : David Cichanowicz • 0 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 11713 Mr. 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 (u) Estrite Of Jennie Hdrris 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 Mrs. 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 1 a.� ��9 � crook 7 •.. c \ \S 11 111� 191t� _ 1\ \\ 1 Isl w I w 1 �\0\ b \'''► \�1\��: \ \ «r a«. o� \ \\�` \ \` � \ \ \�4\�\ rT:_. — 69x 6A Q EKE G d a\ \ f \ — _ 0f9V12) l�i�<Q 7 .7 IF* ND -�-- _. is } '. Mori— � r iii,- low - Iv, �^� _—,aR —1•,_—'t — HICKORY AVE, Me � 4 UNLESS DRAWN OTR[Rels[, ALL PROKRTIEs O Me WIT TIe POLLOeIN. 0IsTRICTS' NOTICE o ! Ne DRITROYN[, ALTERATIOR, SALE OR FYI- L EE RTORART ars,RSUTICO aF M,VA0,aR a< "I • ROOT :1�":[M R,M�1r01�R[° 337 LISRT •a *Aral At" 0""OT, TA: Wmv= "Kat, � . PaR[ Rtrsu At wart of SOUTHOLD R10M N0' KEY s © COUNTY OF SUFFOLK rlTd..,r DI.•Ie,LiN__.ry___ S,Ai.i.:w LM l/w (>rl ._ R,6,..Do-se,Li-_—.R.._ D••d D—.l 61• o» '0D ° 10D Real Property Tax Service Agency yiLLA-aF 077 ._ el.dW. �2 kadDi— 61'. are OTr Ors SCALE RI FEET — County Centef DISTRICTM0.i000 P-1 H.. n D..d A— 11A Id1 OTs ,<•t r.-r larM dv.. nA1.� j Riverhead, L. 1., New York PROPERTY MAP 5.6di.-111-i q. J Jr The water s The locations of wells and cesspools shown hereon are from field Prepared'In accordance with the minimum apply b cew it disposal o th observations and or from data obtained from others. toms for this residence wi conform the standards for title surveys as established tandards of the Suffolk County Deport- s by the L.LA L.S. and approved and adopted ment of Health Services. for such use by The New York State Land Title Association. f VACANT I SURVEY OF PROPERTY AT — ; ; ( 30 WIDE RIGHT OF WAY t&GESTow) fra4 40 Crt.s_ a BAYVIEW TOWN OF SOUTHO L D W S. 72' 2s' 30''E. 140. 34 ' - SUFFOLK COUNTY , N.Y. 1000 077 03 - t 8 o �- aPrllc SYSrE w a N r TEST } ; SCALE I 3 0 HOU DATA a WCr 3 DEC. 31 , 19 8 7 yaw O APRIL�25,. t98& t.oAUN aAMY C) = r ORM LOAWSAM Q V (����� i AND IIriL • coVV 9APO3 9 ` CERTIFIED TO � w o` p a ` AMERICAN TITLE INSURANCE CO. SAND ��'� I coK coNc. VAM IN PALE xWVN Mort N. 72 0 25' 3 0"W. 1140. 24' �! Mort 3 DAVID CICHAN0IKICZ �T• ; 6 0 n 1 12.7 ro 1 N /O / F ROBERT WESTERBEK`Py n OLANDSC� & JOYCE WESTERBEKEI j ti A.rN 9� DWELLING 3 0' -M- y r ZO 0 TELLS lAr OWN * SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES r °� f �► ti S. L IC. N0. 49668 FOR APPROVAL OF CONSTRUCTION ONLY AREA-_ 8 , 417 S Q. FT. ELEVA rCm ARE REFE)iE V= CONIC S 8 ENGINEERS , R C. roANASSL*AWDAnk 516 ) 765 - 5020 DATE HS REF. NO. P.O. ROAD Dos NORTH BAYVIEW �R O A D MAIN ROAD APPROVED SOUTHOLD,N.Y. 11971 14-16-4(2/87)—Text 12 • PROJECT I.D. NUMBER 617.210 SEQR 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 2. PROJECT NAME David Cichanowicz and Joseph Cavanagh Construction of Single Family Dwelling 3. PROJECT LOCATION: Municipality Southold county Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Private Right Of Way approximately 1,334 feet North of North Bayview Road, SEE ATTACHED MAP 5. IS PROPOSED ACTION: IaNew ❑Expansion ❑Modificationlalteratlon 6. DESCRIBE PROJECT BRIEFLY: Construction of single family dwelling 7. AMOUNT OF LAND AFFECTED: Initially -2. acres Ultimately •2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? El Yes UNo If No,describe briefly Insufficient setbacks 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? , ®Residential ❑Industrial '❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)??-7 ❑Yes No If yes,list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes,list agency name and permit/approval • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Michael J. Hall, Esq. Date: 3/8/89 Sign ure: I e action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this iioard 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 preparer 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 -Z_No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large impact on groundwater quality? _Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? _Yes -No 7. Will project result in a major adverse effect on air quality? _Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? _Yes X No 10. Will project have a major effect on existing or ~ future recreational opportunities? Yes _,,. No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes i_No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No 13. Will project have any impact on public health or safety? Yes X No 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 period or have a major negative effect on the X No character of the community or neighborhood? 15. Is there public controve project? y concerning the _Yes X No Preparer's Signat e: - Michael J. Hall, Esq. Representing: Date: 3/8/89 ZSA v/75 Cavanag 1 Form W07 10/873M—Bvpin Deed with Corawnt yeigt:Grwt« Ad'e A —Sod.or orCap. I • / CONSULT YOUR LAWYER BBFOBB SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD 86 USED BY LAWYERS ONLY. 10559 PC540 r THIS INDENTURE, made the Odayt �p�V�� , nineteen hundred and eighty eight g , HELEN M. CAREY, as-surviving tenant by the entirety, residing at C/o Gerard Carey, 11 North Riding Drive, Cherry Hill, New Jersey 0800. a 31065 party of the first part, and DAVID CICHANOWICZ, residing at .(no #) Wood Lane„ Peconic, NY 1I958 and JOSEP H D. CAVANAGH, residing at 1g45 Broadwaters Road, Nassau Poii Cutchogue,'NY 11935 party of the second part, WITNESSETH, that the party oI',the first part, in consideration of � TEN ti dollars, ; lawful money of the United States, and other lawful, consideration, paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or suc- cessors party of the second cessors and assigns of the part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the SEE SCHEDULE "A" ANNEXED HERETO The grantor herein is the same person as the grantees in deed 'recorded iti the DIST: Suffolk County Clerk's Office in Liber 2999 CP 137 and Liber 7559, CP 145. , SECTION: BLOCK: LOT: DISTRICT ° RE EIVED 1000 REAL S ATE SECTION MAR 0 7700 TRANSI'ER TAX /SUFFOLK. BLOCK CQ NTY 0 3. 00 . r: _LOT_— . 018,000 ' S Title No. 07-1129 318 Policy N3: SCHEDULE A Amended ALL that certain plot, piece or parcel of land, lyinZ . and being situate at Bayview, Town of Southold, County of Suffolk .and State of New York being more particularly bounded and described as follo►1s : . BEGINNING at a. point on the westerly side of a 30 foot wide right of way distant 1333.97 feet northerly from it's intersection with the- northerly side of klorth7Bayview Road, which point is also where the northerly line of land now. or formerly of Robert Westerbeke and Joyce Westerbeke intersect said westerly side of a 30 foot wide right of tray; RUNNING THENCE along said northerly line of land now or formerly of Robert Westerbeke and Joyce Westerbeke North 72 degrees 25 minutes 30 seconds West 140.24 feet to the easterly side of a 30 foot wide right of way; RUNNING THENCE along said easterly side of a 30 toot wide right of way North 17 degrees 34 minutes 30 seconds East 60 feet to the southerly side of another 30 foot wide right of way;,,. . RUNNING THENCE along said' last mention 30 foot wide right of way South 72 degrees 25 minutes 30 seconds East 140.34 feet to the westerly side of a 30 foot wide right of way; RUINING THENCE along' said westerly side of a 30 foot wide right of;way South 17 .degrees 40 minutes 30 seconds West 60 feet . o the point or place of BEGINNING. (1) Together with a right of way 30 feet in width from the northwesterly corner of the premises southerly about 730 f eet; THENCE easterly at right angles to said 30 foot right of way about '140 feet',to said land formerly of Sadie Gagen and to another 30 foot right of way (#2) as described beloc SCHEOULE_�confd. (2) Also with aright of way.,30 feet -in width over said land tormerly.of!Sadie Gagen and adjoining the westerly boundary thereof . fro- '-N h-73ayview, Road-:northerly about '1620 feet to;. A.` dredged canal leading to Goose Creels (3) Also with a right of,.way .30 feet in width, thesoutherll line of which .pis the northerly line of the premises hereinabove. described, from the northwesterly corner of said premises, 'easterly about 140 feet to said land formerly of Sadie Gagen" and to said 30 foot right of way (#2) describ.ed:,above.. (4) Together with- a'.."thirty, (30' ) foot wide right of way tOjoining premi on the east to North' Bayview Road. 1055#PC542 .TOGETHER with all right, title and interest,if any,of the party of the first part in and to any streets and road, 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 saic' premises, ,.-� .,►.. TO HAVE AND TO HOLD the premise herein granted unto the party.of the second part, the heirs or successor,. and assigns of the party of the second part forever. '.:3I' }tX tlil x'f$.P°"�`�• ,i"i"y 'i:livl.ilt'� 1 tl /a:... I 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 beenincumbered'in any way whatever, except as.aforesaid t:• ` ' },, ,,,. ` AND the party of the first part,,in compliance,with Section 13 of the Lien Law,covenants that the party,•of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for m the purpose of paying the,cost of the improvement and will apply the sae first to the payment of the cost of the improvement before using'anypart of the total of the same for any other purpose. The word "party"shall be construed as if it read "parties whenever the.sensc 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 rxESErce On 1 I•' , HELEN M. CAREY Uv 10559 K543 STATE OF NEW JERSEY,COUNTYnn STATE OF NEW Y*,COUNTY OF Ss.; On the 5 day of 19 88 , 4fore me On the day of 19 , before mew„ personally came I personally came HELEN M. CAREY to me known to be the individual 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 executed the same. executed the same. o ary u is ETHEL COEN NOTARY PUBLIC OF NEW JERSEY.Co ovq 6r''b(4K ►tuc-TON MY-COMMission Expires Sept.1:1,1988, STATE OF NEW YORK,COUNTY OF ss.: STATE OF NEW YORK,COUNTY OF On the Qt&�-day of c�' 19 Sly, before me On the day of 19 personally came ► before me personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the say that he is the of of the corporation described ,the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. and that he signed h name thereto by like order. i1sq tin nub %k ]Deeb WITH COVENANT AGAINST GRANTOR'S Am SECTION TITLE NO. BLOCK LOT , CAREY COUNTY OR TOWN TO C ICHANOWICZ &`CAVANAGH .Recorded Regvul of Ametic��Tide I�mrwce c•mp•ar RETURN BY MAIL TO: STANDARD FORM OF NEW YORK STATE LAND TITLE ASSN. Dktribated by „• Gary Flanner Olsen, Esq. P. O. -Box 706 Main Road Cutchogue, NY 11935 <? American Title insurance Company !� Northeast Region Zip No. t.} w V � f� O y 1 Cb w �> ►, !� rT1 fif h o, C Q'• Al Z-0 D •� �ln � 4�.1Q h z ' w . i QUESTIONNAIRE TO BE COMPLETED AND SUB.ITTTED 1dTI1 YUUft APPLICATIO,J i•'O:ZI15 TO THE BOARD OU 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 o b) Are there any areas open to a waterway without bulkhead? Yes 1. o 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes o 4. Are there any existing or proposed fences, concrete barriers , decks, etc? Yes No - 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes Nod 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 10 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 N Town Board Yes N Town Trustees Yes No County Health Department es No Village of Greenport Yes o N.Y.S.D.E.C. Yes . o" 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 No 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? Yes No 13. Please list present use or operations conducted upon the subject property at this time vacant building parcel and proposed single family dwelling Please submit photograpns for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Anne is in considering my application. Signature ( Autnorizeci agent) Michael J. Hall, Esq. 1/88 WETLANDS (Amended 8-26-7G by L.L. - 85 by L.L. No. - r A. TIDAL WETLANDS: (1) All lands Kenernlly covcrcd or intermittently cov- ered with,or which border on, tidal waters, or lands lying beneath ticlal 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, boKs, salt marsh, swamps. meadowv, flaw 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 (;rows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordKrass, hiKh 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 WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York:and - (2) All land immediately adjacent to.1"freshwater wet- land,"as defined in Subsection BQ)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland-" a ( 9705' 2.25-s5 l Y l crook �, r I jIlit II 11 1 t'tT t J I ��I111�j��1 �Ei III t i IT.! may. ��� ` \ \�'� 1 t t ► •e Ira -- \♦\ �\ i �•t a w-- �I Ivor % zis 420 9� / \ \\'�' \�♦\.�\��`\ � �' �i+-., D�-- a 1« — — Ow Noi IFY So 410 N NSA on 23 as \ ���\ •rO �// _�wl.� �♦\�. \\ e RY / / /�I an _ --�—`— 1.N _1�•- w: Ate/ /I I. \ZL`\ \��'\ 4y / / -r -_ne- -moo - Ni-y ��✓nNA�� {�� bom *AN tow ur _ _4 Iz.l s zD _o„ HICKORY AVE. 11I A (2D•I UNLESS DRRWR OiM[Rel/[. R4 MO►UMS 4 ME RIiHim M FOLLOW" SISrRwn* N0110E a SCHOOL 6 SEEK R »NO •] - RNSIRr[4E N LTINNT.". ME OR IRf 01RRSomm"Or MTDIT OLRCOYR ANY ►prNR of T[D 4—N .ROR01[ OIFY E ► T"Wl�� ANM .[ M" 4MOTTSEEMENCr THE 337 KEY YAP © COUNTY OF SUFFOLK 701 orSOUTHOLD SECTM Mo. - Nldrwl DI.RM Lio._— Su�F.:.1«LR N.. i)di - R.I...D:.w1r1Li« -_.R.-- o..dD1».n.1. 67• Or 100 0 10D SIX Real Property Tax Service Agency VILL"EOF O�� ._ •1.hN.. ©2 &.LdD++.w.1w, 6Ts OrS OT7 0/S SCALE IN FEET County Center OBTRKT to.I000 P-1 N.. y. 0..1 Ar.. 17A.Id1 01' Rivrhsad, L. 1., New York _ s.u:.:.:«e1..,u.- n,t ca�.1.1.dAI«_-- ttAmt t..___.__._______.___�. � D.1.dCw..i.r.. PROPERTY h4AP l crook �. ,• a + l l +, I I I I. �/�6 \:\ \� +il+ ����giiitl I ► I 3 i.sy.l is.1 6.• / Spa \ \\ \� \I 1 1 i i + !' 1.:�u 4 —a— \ C \\ \r1 \ \� ` in Am— w be \O\�•\ \ \ �j 1 _ _ r _ _. am It \ sue\ .�\ \v � w�. __•• _ r_ aim— lb is � �� �''\ O\Z r —_wr't-_w qd —'"--i to CAI�f+iNf>•1 6' t -ter. --='- _i•_- -w _ 13.1 �\►\ N /'rV -`-'i a _-MMii - A•U b 2 -�_ -I 1.lMsl tr— to n _ HICKORY �•� AVE, �J .aK rw! f t.i..i p�R�,1T.Tr a u, +w*vr a , S l r.T •7 �.1� WALK wtT[r R.am a TK /... K•Mt K4 •'q[.Tl Hf 7r.•IK .I.CY337 KEYS © COUNTY OF SUFFOLK ITMOISOUTHOLD '�7p11O »....0,•7Lr»__.,,.—_ 134, ,ry Real Property Tax Service Agency nU.AGf OF 077 u SOUTHOLD TOWN BOARD OF APPEALS -14- October 11, 1979 RESOLVED, that REICH BROTHERS AUTOMOTIVE SERVICE INC. , Front Street, Greenport, New York 11944 (William H. Price, Jr. , Esq. as agent) , as Lessees be GRANTED a Special Exception to the Zoning Ordi- nance, Article IX, Sections 100-90 and 100-91 for permission to C operate an automotive repair shop, SUBJECT to the following CONDI- TIONS: (a) That the applicants conform with the rules and regulations of the Southold Town Board of Appeals including i r c (1) No major repair work to be done in the open; r (2) No automobiles or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open; and no parking of vehicles other than those being serviced shall be permitted; (b) That the applicants conform with the Southold Town Building Code, including but not limited to, Article 'VII, Section 100-70; s (c) That when a conveyance is anticipated of this parcel to i separate same from the northerly adjoining parcel, approval is re- quired from the Board of Appeals for a Special Exception as requested E in the within application and from other departments as is deemed f necessary; (d) That when a conveyance is anticipated of this parcel to separate same from the northerly adjoining parcel , approval is required from the Southold Town Planning Board and the Board of Appeals for its subdivision and other procedures as may become necessary. Location of property: Rocky Point Road, East Marion, New York; bounded north by Edwards, east by Estate of Nowell, south by Muir, west by Rocky Point Road. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. PUBLIC HEARING: Appeal No. 2627 . Upon application of Gertrude t C. McLean, Blue Marlin Drive, Southold, New York 11971 (George C. Stankevich, Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insuf- ficient front and rear-yard setbacks, and New York Town Law Section "c 280A for approval of access. Location of property: Private Road, a Southold, New York; bounded north by Davis, south by Wendell, west ¢ by Hart, east by Goose Creek Lane Association. The Acting Chairman opened the hearing at 8 : 58 P.M. by reading n the applications for variances, legal notice of hearing and affi- davits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector and letter from the Town Clerk that notification has been made to the �. adjoining property owners as follows : Mr. and Mrs. Eugene I. Hart, SOUTHOLD TOWN BOARD OF APPEALS -13- October 11, 1979 used car lots and all 8,ubject to the following requirements: (Article VII, Section 100-70B) t. (a) Entrance and exi driveways shall have an unrestricted width of not less than 12 feet an not more than 30 feet and shall be located not less than 10 `feet from a property line, and shall be so laid out as to avoid the ne\1o of a y vehicle backing out across any public right-of-way. 1 (b) Vehicle nd pits, dismantled automobiles and all parts or supplies shall ted wit hi . the building. (c) All service or epair of m for vehicles other than such minor servicing as change of tirs or sale f gasoline or oil, shall be con- .- ducted within the building. \ ' t (d) The storage of gasoline or flammable oils in bulk shall be � located fully underground and n t less than 35 feet from any property line other than the street line. r C (e) No gasoline or fuel pump or tanks shall be located less than 15 feet from any street or property line. f (f) No motor vehicles sales .. ots,_._gasoline service, or - repair shops or simil nesses are to belocated within 300 feet F of a church, public school, library, ho ital, orphanage or any of those. So you are all right on that. Then we have, we just stated no t major repair work to be done out in the o n, about all the fuels and r bstances and so on shall be 15 feet from oad and so on, or no auto- IT Mobiles, or automotive parts dismantled' or imaged vehicles and similar articles shall be stored in the open ,and no p rking of vehicles other f than those being serviced shall be permitted o her ;than the owner' s = own car. Signs to be erected in accord with th e sign ordinances, legally advertised for public hearing and so on, \saidd signs shall be at least five feet from all property lines. MR. DOUGLASS (continued),, With these restrictions on it, I ' ll make a motion that it be granted for the use under t e lease provisions and if they come up for sale they will have to come back for the other. After investigatio, and inspection, the Board finds that the applicants are reques -Zing a pec�aa- -Exception as lessees with an option to purchase t e subjqzt parcel, which has become merged with its northerly adjo' ingoperty because of same ownership The application for a pegial Exception is within reason. The oard agrees with the r�aeoning of the applicants. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the ha dship created is u ique and would not be shared by all the properties\,alike in the immediate vicinity of the property and in the same use di' - trict; and the Special Exception will not change the character o , the neighborh od and will observe the spirit of the Ordinance. J On potion made by Mr. Douglass, seconded by Mr. Grigonis, it was SOUTHOLD TOWN BOARD OF APPEALS -15- October 11 , 1979 Mr. and Mrs. Otto Macomber, Harry Schumacher, R.D. Wendell, Mary E. Kennedy; fee paid $15. 00. There is also an affidavit attesting to �Notice -to Adjoining Property Owner Goose Creek Lane Association. MR. DOUGLASS : I have a copy of the County Tax Map showing this and the surrounding areas. Is there anyone who wishes to speak in favor of this application? GEORGE STANKEVICH: My name is George Stankev'ch, and in the course of remedy I will just state that I think the application fully covers the reasons why this application is necessary and why it is in your interest and the Town' s interest to grant it. Thank you very much. MR. DOUGLASS: Thank you. In this application is there anybody r wishing to speak against it? r (THERE WAS NO RESPONSE. ) f MR. DOUGLASS: If not, I ' ll just say a couple of words. In checking this over, we find that there apparently are some discrepancies in the right-of-way, stuff that has to be straightened out, still yet by you people somewhere along the line. Out in front of it, the right-of-way which they want a setback variance for, because this is a corner lot and it ends up with two frontyards, it is on a very definitely set-up private right-of-way. There being no objections to it, it is a pre-existing lot, why I would make a motion that the setback be 'granted and the access be granted provided they have egal right of title for the access road and that the access road ne improved to our regular specifications. If that meets with your approval, why I-- MR. TUTHILL: I'm not clear--there' s an existing blue stone-- MR. DOUGLASS: That' s not it. MR. TUTHILL: The stone road that goes along the side of this property. Now there' s another one that' s a paper street. Is that the other proposed corner or is it actually a physical road that comes off of the- MR. DOUGLASS: There isn 't any there; it' s still a paper road. MR. TUTHILL: They propose to open it up? MR. STANKEVICH: I think they would propose to open the minimum up to gain access because of the expense. Mrs. McLean has sold the lot at $6, 000, a very low price in order to finance her son' s educa- tion. And sell this and an adjoining lot, so-- And the purchaser ' s builder, I'm sure, is, I think he' s going to pay for the improvements but only minimum improvements because it' s his daughter' s house and he' s doing it on a-- MR. TUTHILL: As of now it' s just a technical corner lot? MR. STANKEVICH: Yes, sir. SOUTHOLD TOWN BOARD OF APPEALS -16- October 11, 1979 MR. DOUGLASS : But it is a recognized private road. MR. STANKEVICH: True, and that' s the necessity of a variance. It' s got to comply with technicalities or get a variance. MR. DOUGLASS : Right. So I would go with it that way, approve Setback on the private right-of-way and the access with proof of 1 right of title, and it to be improved to the specifications we require. A 15-foot with either stone-blend or oil and so ind so forth. MR. STANKEVICH: I have the .specs. MR. DOUGLASS : You have them, right. As I said there seems to some dispute on that access road. MR. STANKEVICH: The title company has the answer. We will rovide you with a copy. n t4 If MR. DOUGLASS: Right. Do you agree with it? r y th MR. TUTHILL: I ' ll second it. J After investigation and inspection, the Board finds that the applicant is requesting a variance for 24-foot frontyard setback, a and the property has three front yards leaving the other a rearyard ¢ which requires this variance for 24-foot setback. The applicant is ~ also requesting approval for access on the 30-foot right-of-way n extending from the Goose Creek Lane Association right-of-way for 6 which there appears to be litigation pending about legal title. l , However, the Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hard- ship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Tuthill , it was RESOLVED, that GERTRUDE C. McLEAN, Blue Marlin Drive, Southold, New York 11971, (George C. Stankevich, Esq. ) be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks and a Variance for approval of access pursuant to New York Town Law, Section 280A, SUBJECT to the following CONDITIONS: (1) legal title of the subject access road; (2) conformance with the specifications and requirements as set forth by the Board of Appeals for access roads. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell , west by Hart, east by Goose Creek Lane Association. SOUTHOLD TOWN BOARD OF APPEALS -17- October 11, 1979 Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tuthill and Doyen. i PUBLIC HEARING: Appeal No. 2628 . Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York 11971 , (George C. Stankevich, Esq. ) for a Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to construct dwelling with insufficient front and side-yard setbacks, and for approval of access, New York Town Law Section 280A. Location of property: Private Road, Southold, New York; bounded north by Kennedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. The Acting Chairman opened the hearing at 9 : 08 P.M. by reading the applications for variances, legal notice of hearing and affidavits attesting to its publications in the local and official newspapers, Notice of Disapproval from the Building Inspection, and letter from the Town Clerk that notification to adjoining property owners was made to Mr. and Mrs. Eugene I. Hart, Mr. and Mrs. Otto Macomber, Harry Schumacher, R.D. Wendell, Mary E. Kennedy; fee paid $15. 00. There is also an affidavit attesting to Notice to Adjoining Property Owner Goose Creek Lane Association. MR. DOUGLASS: I have a section of the County Tax Map showing this and the surrounding areas and a copy of the survey of the sub- r ject premises. It is a corner lot with two frontyards. One con- C-)rms to the 50 feet and the other one has to be cut down to 37 feet. .nmm, there' s a problem here for you, George. This becomes rearyard, right? It will not make it and they did not apply for it. It MR. STANKEVICH: Well, we can amend the application nunc pro tunc or just move it. How much do you need in the rear? MR. DOUGLASS: 50. The same as here. The other one was all n right, it was a longer lot. The other one is a few feet longer. They have 75 back here and 56. a MR. STANKEVICH: How much do they have there? What are they short, by two feet? MR. DOUGLASS: Five feet. MR. STANKEVICH: Well, you could do two things. Just amend the application nunc pro tunc-- MR. DOUGLASS: No we can' t amend this , it would have to come back again. MR. STANKEVICH: Then just don' t give me a rearyard variance and they' ll make a shorter house. MR. DOUGLASS : They could change the shape a little bit. Ok. there anybody here wishing to speak for this? MR. STANKEVICH: Again, in the case of remedy, I 'm the applicant' s SOUTHOLD TOWN BOARD Ur' APPEALS -1d_ UcroAer li, Ii i i attorney, and we rest on the application which I think lays out the reasons and justifications for granting the variance. MR. DOUGLASS : Is there anybody wishing to speak against this variance? (THERE WAS NO RESPONSE. ) MR. DOUGLASS: Hearing nothing against it, I ' ll explain, this is a corner lot and thereby they end up with two frontyards and so they need a cutback to 37 feet on one so that it becomes a sideyard. Then they will conform with 50 in front and 50 in rear, so I 'll make a motion again that we grant this relief, this variance, and that we grant the access to the lot provided they have legal right of title and they meet with our requirements on access approval which the attorney has in his possession, which is the 15-feet wide with stone C. blend or other materials, etc. r ti After investigation and inspection the Board finds that the application is for a variance for 37-foot frontyard setback which requires also a variance for rearyard setback of 20 feet if as � proposed. The applicant also requestsapproval for access on the 30-foot right-of-way extending from the Goose Creek Lane Association right-of-way for which there appears to be litigation pending about - legal title. However, the Board agrees with the reasoning of the applicant. . a The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that GERTRUDE C. McLEAN, Blue Marlin Drive, Southold, New York 11971, (George C. Stankevich, Esq. ) be GRANTED a Variance approving access pursuant- to New York Town Law, Section 280A, but DENIED WITHOUT PREJUDICE the Variance to the Zoning Ordinance, Article III, Section 100-31. The Variance is granted with the following CONDITIONS: (1) legal title of the subject access road; (2) conformance with the specifications and requirements as set forth by the Board of Appeals for access roads. Location of property: Private Road, Southold, New York; bounded north by Kennedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. l / Creek � .. i r / t,o'i i 1 1 ►I I 1 ► ► '� 6� �\►. \;girl I I,s�i ` `E i I I ► 1=.1 fa 6� �/ \.\\��\ ��,\fit\0\ � \,\�t�\' �Tr•_ _—�_ � '�V� . Z ZcJE�iE=�/3 c=A� 7 an —��. �,--- am `\ \�\ •. \�\ \ tea\ fd .mot_ _am ass \ �' \ _ I••� tM q \�\� Moso C►�{//9 VAC. � `'aCW*"V&V/ tom^ — —^�qf• •, / / F 13.4 fass No ^IM la am— tqR rN i-.—_y • •` —amt —r_ _at 1 HICKORY AVE. fZV1.1 A iva t1N.[tmoo +. 411.0 TM Mason. 111T111T1' lown •1'^... 1C..Ol 1 1[R1 NO •t11•T[IYgf[, KT1.up Y+.:L f1 I h lT101 T NT tg1T./.0• i.[ IM awroL war" 1{"Mn pgl/TT to•Y R [.11."I { ►1N KInK © COUNTY OF SUFFOLK TomopSOUTHOLD stcrm"m 1tf.••d.••.IYr__."___ y.f.i.rt.q. 1641 m1 1ao 1 Real Property Tax Service Agency �ucE77 .-IR.I.«d•wRT IR._ 1._- O.d D..w•1� 17 n OF 11 DI«.N.. � 4�.d?t....� b:. n.[I n'. I�`f Ybi.�•v _.. I� i..... /.-'.r _..._... �.�.�._. ��FFotkc 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 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 -Fied J n the eve t the-..r- arc q'uccsti ons br oligll t up dur ing the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN NOTICE OF HEARINGS NOTICE IS HEREBY confo ig at approximately 8.10 p.m. Appl." 3843- Article=V,,Section 100-244$ GIVEN, pursuant to Section 8,200 b,.ft. in this R-40 Zone At" ASSOCIA. ,. Vari- and ArtWe XXIV, Section 267 of the Town Law and the District.Property location:630 ance to the Zoning prdinance, 100-242(A concerning Oak Street ogue; NY; Article VIII,Section 100-82 for ") eaten Code of the Town of Southold, ,-Cutch sion of none:onfolrtning side and the following hearings will be County Tkx Map District 1000, Approval of hisUfficient lot area held by the SOUTHOLD Section 136, Block a, Lot 42.1 front nfor in a t a.Leo Brea is and width of proposed Lot No. nonconforming at approximate- TOWN BOARD OF APPEALS (includes 41&42),Subdivision 4 (which is located in the LB ly 9961 sq. ft. in this General at a Regular Meeting, at the of Eugene Heights,Lot Nos.28, Zone District)as shown;on the Buses )Zone ,pro_ Southold Town Hall, Main 29 and half of 27+ subdivision reap pending before party location: Corner of the Road, Southold, NY 11971, on 7:50 p.m. Appl. No 3845-- the Southold 'ban' planning South Side of the Main Road THURSDAY, JUNE 29, 1989, PHILEMON AND BARBARA Board,property location:North and the East Side of Sigsbee at the following times: DICKERSON. Varianoe to the Side of C.R.48,Mattituck,NY. Road, Mattituck, NY, County 7:30 p.m. Appl. No. 3841- Zoning Ordinance, Article County Tax Map District 1000, Tax Map District 1000,Section 10. GERARD W. GAUGHRAN. XXIV,Section 100-244,and Ar- Section 113, Block M Lot 143, Block 2, Lot i (or 1 and Variance to the Zoning Ordi- title IIIA, Section 100-30A.4 8:15 p.m. Appl. No. 3840 30). nance, Article VII, Section (Article III, Section 100-31 as ESTATE OF JENNIE HAR 8:45 p.m. Appl. No. $797- 100-72 (Article III, Section Disapproved March 2,1989)for RIS. Variances to the Zoning FISHERS ISLAND UTILITY 100-31 under the previous zon- permission.to construct acres- Ordinance,Article XIV,`Section COMPANY, INC. Conclusion ing code)for permission to con- sory storage building in an area 100-142 (Article III,. Section ' of written portion of hearing, struct addition(s) to existing other than the required rear 100-31 as Disapproved)for ap- rescind prior resolutionre8tder- single-family dwelling structure yard.Lot area is nonconforming proval of insufficient lot area ed February 9,1989,and com- with an insufficient rear yard at approximately 16,800 sq. ft. and width of two proposed per- mence deliberations setback from in this R-40 Zone Ono Zoning o the northerly pro- a District.Pro-P each with an eatistiug dwell- a Variance to the:T.onitig Ordi- ert 1 party line. Lot area of premises P y oration: 3220 Delmar Zone District: is nonconforming at 25,634 sq. Drive,Laurel,NY,Laurel Coun- � I t,.il{oc Indus- nance, Article III, Section ), party location: 100-32 (previously 100.31) for ft. in this R-0 Zone District. try Estates Lot#36;County Tax North-S d f C.R.+48:Cutch- 4 Q approval of insufficient area of Location of Property: 49925 Map District 1000,Section 125, ogee,NY;County Tkx Map Dis- two proposed parcels in this Main Road, Southold, NY, Block 4, Lot 14. trict IWO,,Section 96,°Block 1, County Tax Map No. 1000-70- 7:55 p.m. Appl. No. 3838� Lbt I&I (IS). n g Vi sion of land. Pro- 5-2. JOSEPH D. CAVANAGH and g•�. rn, A 38SS ' location: West aide of p• Appl. No. -. Crescent Avenue and the North 7:35 P.M. Appl. No. 3850. DAVID CICHANOWICZ. BARBARA BRUCH.°Variance ROBERT GABRIEL. Variance Variance to the Zoning Ordi- ro Side of Central Avenue,Fishers Ordinance,�- Island, NY: County Tax Map to the Zoning Ordinance,Arti- nance, Article XXIV, Section cle XX1II,Section 100.239d for District 1000, Section 6, Block cle 111,Section 100-32 and Sec- 100-244 and Article IIIA, Sec. permission to locate new dwell- 6, Lot 20.4. tion 100-13,as Disapproved,for tion 100-30A3(Article III,Sec- ing structure with an insufficient The Board of Appeals will at permission to construct new lion 100-31 as Disapproved),for setback from existing concrete dwelling upon Lot-Nl in this Permission to locate proposed seawall'along A sting c maque said time and'place hear any and Subdivision known as"Map of new dwelling with an insuffi- pond, Pro persons or representatives de- °' cient front Ply location: 80 siring to be heard in each of the Richard J. Cron, County yard setback from Beverly. Road, Southold, NY, above. .matters. Written com Clerk's Map No. 7975, filed the northerly property line and County Tax Map District 1000, ments may also be submitted 9/30/85, said lot having an with an iasufficie:rtt;rear,. Section 52, Block 2, Lot 39. prior to the conclusion'of mithe insufficient width at the propos- setback from the southerly pro 8:25 p.m. Appl. No. 3856- PP subject hearing. Each hearing ed building setback line. Pro- petty line Lqt area is notico JOHN AND MARIAN BOPP, will not start before the time al- perty location: West Side of forming at 8,417 sq:ft. in t s Variance to the Zoning Ordi- lotted.Additional time for your Aldrich Lane, Laurel; County R-40 Zone District. Prope nance, Article XXIV, Section Tax Map District 1000, Section location: 1375 Private Road I- 100-244 for presentation will be available,if Permission to con- needed.For more information, 125, Block 2, Lot 1.14. (said lot extending 1333.97 f t struct deck addition with an in please call 765-1809. 7:40 from the north side of No rearyard setback.Lot Dated: June 14 1989. p.m. Appl. No. 3848- sufficient CINDY RUGGLES.Variance to Bayview Road), Southold, area is nonconforming at ap- 'BY ORDER'OF Count 'lax Ma District 1000 the Zoning Ordinance, Article Y P proximately 13,500 sq.ft.in this THE SOUTHOLD'DOWN XXIV,Section 100-244(Article Section 77, Block 3, Lot 18. RO Zone District. Property BOARD OF APPEALS IIIA,Section 100-30A3,as dis- B:OO P.M. Appl. No. 3 - location: West side of Maple GERARD P..GOEHRINGER approved) for permission to JOHN R. AND JEAN. ED- Street; Mattituck,,NY; County CHAIRMAN construct deck addition with an LER. Variance .to the Zoning Tax Map District 1000,Section By Linda Kowalski Ordinance,Article Ii IX, 6/22/89 (1) insufficient rearyard setback. IA,.Section 140, Block 3, Lot 24. Lot area is nonconforming at 100-30AA for permission to 8:30 p.m. Appl. No. 3862- approximately 13,300 sq. ft. in locate accessory building in an HAROLD AND HATTIE this R-40 Zone District.Proper- area other than the required rear STETLER.Variance to the Zon- ty location: 1150 Nakomis Road, yard- Property location: 3030 ing Ordinance, Article IIIA, Southold;County Tax Map Dis- Cleaves Point Road, East Section,100-30AA for permis- trict 1000, Section 78, Block 3, Marion, NY, County Th.Map 'sion to locate accessory building Lot 15. District 1000,Section 38,Block in an area other than the re- 7:45 p.m. Appl. No. 3844- 2+ Lot 32; Marion Manor Sub- quired rear yam.Property 1. division Lot No. 4. Wiggins Lane,Green- DR. AND MRS. IRA WECH- tion:670 TERMAN. Variances to the 8:05 p.m. Appl. No. 3846- port,NY,County Tax Map Dis- Zoning Ordinance, Article CHESTER AND JOYCE tr7ict 1000, Section 35, Block 4, XXIII, Section 100-239d, and SKWARA, Variances to the 28.7. Article IIIA,Section 100-30A.3 Zoning Ordinance+ Article Ill, 8:40 P.m. Appl. No. 3808- (Article III, Section 100-32 as Section 100-32 for approval of GUNTHER MORCHEL. Disapproved on March 9, 1989) insufficient lot area of propos- Variances to the Zoning Ordi- for permission to construct deck ed Parcels No. 1 and No.2.Lot nance, Article X, Section addition with an insufficient set- area is nonconforming in this 160-102 for permission to con- back from the rear property line R-80 Zone District at 76,970 sq. struct addition with an insuffi- and an insufficient setback from ft Property location:North side cient rearyard setback and lot the existing concrete block re- of Wells Road, Pexonic, NY, coverage in excess of maximum taining wall along Eugene's County Tax Map District 1000, limit of 3001. (as disapproved), lP-1 (`r L- i�t - ;. ,,.,,,_ Section 86, Block 1, Lot 14. Lot 42.1 (includes 41 do 42).Subdi- side of Maple Street,Mattituck,NY. vision Map of Eugene Heights,Lot County Tax Map District 1000,Sec- Nos.28,29 and half of 27. tion 140.Block 3,Lot 24. 7:50 p.m. Appl. No. 3845 - 8:30 p.m. Appl. No. 3862 - PHILEMON AND BARBARA HAROLD AND HATTIE DICKERSON.Variance to the Zon- STETLER. Variance to the Zoning mg Ordinance,Article XXIV.Section Ordinance,Article MA.Section 100- 100-244,and Article MA,Section 30A.4 for permission to locate acces- 100.30A.4 (Article III,Section 100- sory building in an area other than 31 as Disapproved March 2, 1989) the required rear yard. Property loa- for permission to construct accessory tion:670 Wiggins Lane,Greenport, storage building in an area other than NY;County Tax Map District I000. the required rear yard. Lot area is Section 35,Block 4,29.7. nonconforming at approximately 8:40 'p.m. Appl. No. 3808 - 16,800 sq.ft.in this R-40 Zone Dis- GUNTER MORCHEL Variances to trict. Property location:3220 Delmar the Zoning Ordinance. Article X. Drive, Laurel,NY; Laurel Country Section 100-102 for permission to Estates Lot #36; County Tax Map construct addition with an insuffi- District 1000,Section 125.Black 4, cient maryard setback and lot cover- Lot 14. age in excess of maximum limit of 7:55 p.m. Appl. No. 3838 - 30%(as disapproved),Article XXIV, JOSEPH D. CAVANAGH and Section 100-244B,and Article XXIV, DAVID CICHANOWICZ.Variance Section 100-242(A) concerning to the Zoning Ordinance. Article extension of nonconforining side and XXIV,Section 100-244 and Article front yard setbacks.Lot area is non- MA,Section 100.30A.3(Article III, conforming at approximately 9961 Section 100-31 as Disapproved),for sq. ft. in this General Business (B) permission to locate proposed new Zone District. Property location: dwelling with an insufficient front Comer of the South Side of the Main yard setback from the northerly prop- Road and the East Side of Sigsbee erty line and with an insufficient rear Road, Mattituck,NY, County Tax yard setback from the southerly prop- Map District 1000.sRction 143. erty 1;- Lot area is nonconforming Block 2,Lot 1(or I a ). at 8, q.ft.in this R40 Zone Dis- 8:45 p.m.Appl.No..,197-FISH- - trict.t.operty location: 1375 Private ERS ISLAND UTILITY COM- Road I-A(said lot extending 1333.97 PANY,INC.Conclusion of written feet from the north side of North portion of hearing,rescind prior reso- " - Bayvi.w Road), Southold, NY; lution rendered Febrv"*y 9, 1989, ICR OF HEARINGSS Cou mx Map District 1000.Sec- and commence deli ions con- TICE IS HEREBY GIVBN, tion'i.,Block 3,Lot 18. coming a Variance twNne Zoning pursuant to Section 267 of the Town 8:00 m.Appl.No.3847-JO Ordinance,Article III,Section 100- Law and the Code of the Town of p' Southold,the following hearings will R. AND JEAN P.EDLER.Variance 32(previously 100-31)for approval be held t to the Zoning Ordinance, Article of insufficient area of two proposed BOARD y the SOUTHOLD TOWN APPEALS at a Regular MA,Section 100-30A.4 for pemnis- parcels in this pending division of Betting,at the Southold Town Hall, stun to locate accessory building in land.Property location:West Side of Main Road,Southold,NY 1wn H on an area other than the required rear Crescent Avenue and the North Side of Mattituck in THU Road, DUNE 29,1989,at the yard. Property location: 3030 of Central Avenue, Fishers Island, r following times: Cleaves Point Road, East Marion, NY;County Tax Map District 1000, that he/she is Principal NY,County Tax Map District 1000, Section 6,Block 6,Lot 20.4. 7:30 pm.Appl.Na 3841 -GER- Section 38,Block 2.Lot 32;Marion The Board of Appeals will at said Weekly Newspaper, ARD W.GAUGHRAN.Variance to Manor Subdivision Lot No.4. time and place hear any and all per- of Southold, County of the Zoning Ordinance,Article VII. 8:05 p.m. Appl. No. 3846 - sons or representatives desiring to be Section 100-72(Article III,Section CHESTER AND JOYCE SKWARA. heard in each of the above matters. fat the Notice of which 100-31 under the previous zoning Variances to the Zoning Ordinance, Written comments may also be sub- code) for permission to construct. r1 regularly published in addition(s)to existing single-family Article III,Section 100-32 for ap- mitred prior to the conclusion of the dwelling structure with an inmffi- proms of insufficient lot area of pro- subject hearing. Each hearing will k for 1_ weeks posed Parcels Na l and No.2.Lot not start before the time allotted. cient rear yard setback from the 1 22 de of northeri propertyline. Lot area of area is nonconforming in thin R-80 Additional time for your presentation y y Zone District at 76,970 sq.& Prop- will be available,if needed.For more premises is nonconforming at 25,634 erty location: North side of Wells information,please all 765-1809. sq. ft. in this R-O Zone District. Read,Peconic,NY;County Tax Map Dated:June 14,1989. Location of Property:49925 Main District 1000,Section 86,Block 1, BY ORDER OF THE Road,Southold, NY, County Tax Lot 14 SOUTHOLD Map No.1000-70-5-2. 8:10 p.m. Appl. No. 3843 - TOWN BOARD OF APPEALS 7:35 p.m. Appl. No. 3850. ADAM ASSOCIATES. Variance to GERARD P.GOEHRINGER ROBERT GABRIEL Variance to the the Zoning Ordinance,Article VIII, CHAIRMAN Principal Clerk Zoning Ordinance,Article III,Sec- Section 100.82 for approval of insuf- By Linda Kowalski tion 100-32 and Section 100-13,as ficient lot area and width of pro- 6343-ITJ22 Disapproved,for pemrission to con- posed Lot No.4(which is located in struct new dwelling upon Lot#1 in the LB Zone District)as shown on this Subdivision known as"Map of the subdivision map pending before Richard J. Cron." County Clerk's the Southold Town Planning Board. i ;� Map Na 7975,fried 9-30-85,said lot Property location: North Side of having an insufficient width at the y C.R. proposed building setback line.Prop- D Mattituck,N S County Tax erty location: West Side of Aldrich Map District 1000, Section 113, Lane,Laurel;County Tax Map Dis- Block 12,Lot 10. y� trict 1000,Section 125,Block 2.La TE p.J NNppI Na. RIS - ES- 1.14. TATE OF JENNIE HARRIS. Vari- 7:40 p.m. Appl. No. 3848 - ances to the Zoning Ordinance.Arti- CINDY R.m. Appl. .Variance to the cle XIV,Section 100-142 (Article Zoning Ordinance, Article XXIV. �approv Sectional of in as Disapproved) Section 100-244(Article MA,Sec- for approval of insufficient lot area tion 100-30A3,as disapproved)for and width of two proposed parcels, permission to construct deck addition each with Light existing dwelling.Zone Prop- with an insufficient rearyard setback. District:Light Industrial of .48, Lot area is nonconforming at approx- arty location:Noah Side of Tax Map imately 13,300 sq. ft. in this R-40 Cutchogue, ,S County Tax Map Zone District. Property location: District (180 Section 96,Block 1, 1150 Nakomis Road, Southold; La-20 p. . County Tax Map District 10M.Sec- 8:20 p.m.Appl Na 3855-o the lion 78,Block 3,Lot 15. BARA BRUCH. Variance to the 7:45 Bloc 3.LAppl 15.3844-DR Zoning Ordinance, Article XXIII, AND MRS.IRA WECHTERMAN. Section dwell for permission to loans newew dwelling structure with Variances to the Zoning Ordinance. an insufficient setback from existing Article XXIII,Section 100-239d,and Article IIIA. Section 100-30A.3 concrete seawall along A ion:80 - (Article III,Section 100.32 as Disap- maque Pond. Property location: Beverly Road,Southold,NY;Court- proved on March 9, 1989) for ty Tax Map District ]000,Section permission to construct deck addition with an insufficient setback from the 52,8-25 Block 2.Lot 1ar property line and an insufficient p m.AN .No. Variance -JOHN re setback from the existing concrete AND MARIAN BOPP.Variance to black retaining wall along Eugene's the Zoning Ordinance,Article XXIV, (East)Creek. Lot area is noncom- Section 100-244 for permission to forming at approximately 8,200 sq. construct deck addition with an ft.in this R-40 Zone District, Prop- insufficient rearyard setback. Lot erty location:- 630 Oak'Street, area is nonconforming is O o Zone Cutchogue,NY, County Tax Map misery 13,500 sq.fyi.in this n: West District 1000.Section 136,Block 1, District. Property location: West BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of David Cichanowicz & Joseph Cavanagh 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 kchoicel 2. That the property whi h is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1000-77-03-18 1 i n 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residlential 4. That by such Petition, the undersigned will request the following relief: insufficient front yard and rear yard setbacks 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section_ 100.31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: March 8, 1989 Petitioner Mile : J. Hall, 'Esq. Owners ' Nam avid �,cdchMQwj eph Post Office Add Cavanagh i050 Ya�gs ve �P Southold, New York 11971 • Tel . No . ( 516 ) 765-1410 *lot' 1A [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILINGR OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS The Honorable Jean Tuthill Suffolk County Treasurer County Center Riverhead, New York Mr. and Mrs. Robert Westerbeke North Bayview Road Southold, New York 11971 P 012 612 510 Cichanowicz RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P 012 612 511 sg� Jwn Tuthill RECEIPT FOR CERTIFIED MAIL l� teas NO INSURANCE COVERAGE PROVIDED S reet and No. NOT FOR INTERNATIONAL MAIL 6ount Center (See Reverse) C1ChariOW1C2 PRverr�ea�l,CNY 11901 Sent to M/M Robert Westerbeke Postage y� Street and No. N. Baynnv��iiiewGG��Rddoad rtitied Fee PgOu tt1101d,P We 11971 S eclal Delivery Fee Postage S 7 Restricted Delivery Fee � Certified F e Return Receipt showing b to whom and Date Delivered Special Delivery Fee u7 °0 Return Receipt showin om, Date,and Address livery Restricted Delivery Fee d TOTAL Postage ees 5 _ Return Zn i' to whoLn red 7 o Postmark or D CO Return o whom, EA --;0'3 C Date,atir 0 "/O �(� ' TOTAL P t-Ve N S Postmark or dtQZ CCG E O U. to a STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Patricia Garsik residing at Cutcho ue New York being duly sworn, deposes and says that on the day of March 119 _89 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 Southold, New York ; that said Notices were mailed to each of said persons by (certified) ( mail. (, ® a ricia arsi Sworn to before me this ty/�f• day of March , 19 89 MICHAEL J.HALL Notary Public,State of Newrblk No4846536 i Notar Public Qualified in Suffolk County Commission Expires Feb 28,fM (This side does not have to be completed on form transmitted to adjoining property owners . )