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HomeMy WebLinkAbout3714Seawood Dr., Southold 5/I4/8I D-approval of insuff, area and width of 3 proposed parcels. ~/~/~/ vP {x1 Mzwutholdt 0 gourd o € F ed MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3714 Application 'Dated February 16 , 1988 TO: Charles R: Cuddy , Esq . as Attorney [Appellant (s) ] for DALE AND JO ANN MAYNARD 180 Old Country Road , Box 1547 Riverhead , NY 11901 At a Meeting of the Zoning Board of Appeals held on April 7 , 1988 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for Application of DALE MAYNARD for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of the insuffi - cient area and width of two parcels as approved by the Planning Board in the subdivision known as "Seawood Acres , Section I" Filed Map No . 2575 . Location of Property : West Side of Seawood Drive , Southold , NY ; County Tax Map Parcels No . 1000-79-7-64 and 65 . WHEREAS , a public hearing was held and concluded on March 17 , 1988 in the Matter of the Application of DALE MAYNARD under Appeal No . 3714 ; 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 in the "A" Residential and Agricultural Zoning District with frontage along the west side of Seawood Drive of 200 . 0 feet and total lot area of approximately 25 , 500 sq . ft . , and improved with one single-family , one-story dwelling with attached garage as more particularly depicted on the survey prepared August 16 , 1967 by VanTuyl & Son . 2 . The subject premises is shown on the "Map of Seawood Acres , Section One " as Lots No . 25 and 26 and on the Suffolk County Tax Maps as District 1000 , Section 79 , Block 7 , Lots 64 and 65 , respectively . (CONTINUED ON PAGE TWO ) DATED: April 7 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl . No . 3714 Matter of DALE AND JOANN MAYNARD Decision Rendered April 7 , 1988 3. By this application , appellant requests approval of the insufficient lot area and width of each Lot #25 and Lot #26 , each of a minimum of 12 ,500 sq . ft. and 100 ft . , respectively , and as shown on the filed "Map of Seawood Acres , Section One , "which map was approved by the Suffolk County Health Department on June 6 , 1956 , approved by the Southold Town Planning Board on May 29 , 1956 , (and June 19 , 1956 ) , and filed with the Suffolk County Clerk' s. Office June . 26 , 1956 as Map No . 2575 , Abstract No . 2752 , Book 10 , Page 4. The subject Map included a total land area of approximately 15 acres with 39 lots of a size not less than 100 ft . x 125. ft . , and 12 ,500 sq . ft. in area . 4. Article III , Section 100-31 , Bulk Schedule of the Zoning Code requires a minimum lot area of 80 ,000 sq . ft . and minimum lot width of 175 feet. The percentage of relief requested in relation to these requirements is substantial , having a shortage of 65 ,200± sq . ft. as to the northerly lot (Lot 25 ) and 66 , 750± sq . ft. as to the southerly lot (Lot 26 ) . The percentage of relief requested as to lot width , or frontage , for each lot is approximately 40% . 5. Article III , Section 100-31 (A) excepted those lots having a lot area of less than 40 ,000 sq . ft. that were "held in single and separate ownership prior to November , 1971 and thereafter . " The record shows that these parcels were not held in single and separate ownership by current or past conveyances . 6 . Article I , Section 100-12 excepts certain subdivision maps from the lot area and lot width require- ments of the current zoning code . Although there are numerous subdivision maps excepted under this provision , it is the understanding and belief of this Board that those subdivisions pre-dated the Town ' s subdivision regulations and/or zoning and consisted of a large per- centage of lots which had been improved or were under construction for single-family dwelling. The "Seawood Acres , Section One" development apparently .did not meet those rules for exception by the Town Board at that time . 7 . In viewing the character of the immediate area , the lots as proposed are deemed to be consistent as to the general configuration , lot area , width ; depth , etc . 8. Also noted for the record is the prior appeal under Application No . 2812 and action rendered December 17 , 1981 , .conditionally approving two lots out of three as applied (and as an alternative to the denial of three lots rendered July 9 , 1981 ) . 9. In considering this appeal , the Board also finds and determines : (a ) the the practical difficulties claimed are 'sufficient to warrant a granting of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c ) that there will be no substantial change in the char- acter of the neighborhood or. detriment to adjoining 4 -ye 3 - Appl . No . 3714 Matter of DALE AND JOANN MAYNARD Decision Rendered April 7 , 1988 properties ; (d ) that the relief requested is substantial in relation to the current requirements ; (e ) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than .a variance; (f) that the variance will not in turn cause a substantial effect of increased dwelling density or be adverse to the. -safety , health , welfare , comfort , convenience or order of the town ; (g) that in view of- the manner in which the difficulty arose and in considering all the above factors ,-...the interests of .justi.ce will be served by .granting the variance as,, applied . 10 .. In conclusion, it is this Board ` s. position that the owners/applicants not be required to re-submit an application .to_- the Planning Board particularly since this subdivision map has been reviewed and ap-proved by the Southold Town Planning Board previously . Accordingly , on motion by Mr . Sawicki , seconded by Mr. Grigonis , it was RESOLVED , to GRANT the relief requested under Appeal No . 3714 in the Matter of .the _App.lica.tion of DALE MAYNARD approving the insufficient lot area and width of Lot-s N.P. 25 and 26 as shown on the "Map of Seawood. Acres , Section One" filed in the Suffolk_ County Clerk ' s Office as Map No . 2575 on June 26 , 1956 . Vote of the Board: Ayes : Messrs . Goehringer , Grigonis , Douglass . and Sawicki . "(Member.. Doyen of Fishers Island was absent.. ) This resolution was duly adopted . lk JV GERARD P . . GOEHRINGER, CWAIRMAN April 8 ; 1988 I;ECEIVED AND FILED BY THE SOUTIiOLI) TOVIJ14 C;LEj,�; DATE ����q� I-IOUR C� i op Town Cleric, Town of Sout :ci:l i i 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 , New York , on THURSDAY , MARCH 17 , 1988 at the follow- ing times : 7 : 30 p .m . Appl . No . 3714 - 'DALE MAYNARD. Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of the insufficient area and width of two parcels as approved � by the Planning Board in the subdivision known as "Seawood. Acres-, Section I " , Filed Map No . 2575 . Location of Property: West Side of -Seawood Drive , Southold , NY ; County Tax Map Parcels No . 1000-79-7- 64 and 65 . 7 : 40 p .m . Appl . No . 3713 - ROBERT STARON . Variance to the Zoning Ordinance , Article III , Section 100-32 for approval of the construction of accessory storage shed with an insuffi - cient setback from property lines at premises known as 1490 Waterview Drive , Southold , NY ; County Tax Map Parcel No . 1000-78-7-54 . 7 : 45 p . m. Appl . No . 3711 - ERNEST AND DORIS ROBINSON . Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 for permission to construct deck with an insufficient setback from existing bulkhead at premises known as 915 Mill Creek Drive , Southold , NY ; County Tax Map Parcel No . 1000-135-3-37 . 7 : 50 p .m . Appl . No . 3712 - ROBERT CLEMENS . Variances : (a ) to the Zoning Ordinance , Article III , Section 100-315 Bulk Schedule , for permission to construct additions to dwelling with an insufficient rearyard setback from the easterly property line , and (b ) foriapproval of access pursuant to New York Town Law , Section 280-a over a private right-of-way extending off the south side of Main Bayview Road , Southold , NY ; County Tax Map Parcel No . 1000-87-5- 17 . 8 :00 p .m. Appl . No . 3543 - PETER AND BARBARA HERZ . Variances to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to locate new single-family dwelling Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March ,, 17 , 1988 with insufficient setbacks from existing bulkhead and. from highwater areas along Midway Inlet and Hog Neck Bay , premises known as 70 Cedar Point Drive , .Southold ,_ NY ; Cedar Beach Park Map , Part of Lots 152 and 110 ; County Tax Map Parcel No . 1000-90-02-13 . 1 . 8 : 20 p .m . Appl . No . 3687 - JON C . KERBS . Interpretation and , if necessary , Variance under Article XI , Section 100- 119. 2 of the Zoning Code , for permission to locate building 75 feet from the N . Y . S . D . E . C . determined tidal wetlands line as approved under D . E . C . Permit #10-86-0092 and in accordance with. Town Trustees Wetland Permit No . 373 conditionally approved June 25 , ,1987 . Location of Property : East Side of Narrow River Road , Orient ,. NY ; County Tax Map Parcel No. 1000-27-2-5 . 8 : 35 p .m . Appl . No . 3710 - THE COVE AT SOUTHOLD , INC . Variance under Article XI , Section 100-119. 2 of the Zoning Code , for permission to locate buildings 75 or more feet from the N . Y . S . D. E . C . determined tidal wetlands line and at not less than 18 feet from the Town Trustees determined wetland grasses as approved under Trustees Permit Application No . 601 . Location of Property : South Side of Main Bajview Road , Southold , NY ; County Tax Map Parcel No . 1000-87-5-20 . The Board of Appeals will hear at said time and place all representatives or persons desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the conclusion of the subject hearing . For more informa- tion , please call 765-1809. Dated : March 3 , 1988 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary ----------------------------------------------------------------x -ZljteAF F- /z y a `- CEIVF 1 0 10M TOWN OF- SOUTHOLD, NEW YORK FEk EEAL98ROM DECISION OF BUILDING INSPECTOR APPEAL NO. Southold Town Clem DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ale Ma hard of Seawood Drive - l, (We) D"""Name of Appellant Street and Number.......................... ...Southold, ..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 ...................................................... WHEREBY THE BUILDING -INSPECTOR DENIED TO Dale Maynard ........................................................... - Name of Applicant for permit of Seawood, Drive, Southold New York .... .................:....... ........................... Street and Number Municipality ��State (X ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ,,,,Seawood Drive, Southold ..... ... ...... ....... ...... ............ ........... ...... Street /Hamlet / Use District on Zoning Map District 1000 Section 79 Block 7 Lot 64 & Iv1 . Dale Maynard ........ . urrent Owner opNo. LotNo26, 25Prior Owner Herbert W. Davids 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 100 Section 31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 .Cons. Laws Art. 16 Sec. 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 a special permit (X ) request for a variance and was made in Appeal No. .....2818 y, , J,� �,,,,,,,, ...................Dated JarlHdr...... 2.�st.�.. ............... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance ( Y is requested for the reason. that the lots in question, identified as filed map lots 25 and 26 (tax map .lots 64 and 65) , were originally separate conforming lots; all surrounding lots , north and south of the subject lots are the same size as the lots in questions and lots within two hundred (200) feet of the subject lots , even those lots with significant slopes, have had„residences constructed thereon. The. facts-- -have . s'ubstant'ially_ &hanged and the reason for denial of th-e ..`applica`.ior% fn,'1982 is- no",-:longer germane. In addition to hold that lots merge, under . the circumstances here, is a denial of due px,ocess-t ' i REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties_or unneces- sary HARDSHIP because the lots on the filed map and 'the lots adjacent to the subject lots created. since the filing of the map of Seawo'od Acres, are of approximately the .same size and configuration and to prevent the use of one lot when all others similarly situated are built upon is• 'arbitrary •and imposes a penalty .on. that lot owner . 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 no other lot in the immediate vicinity of petitioner 's lot is the size of petitioner ' s -,lot, in fact, adjoining smaller lots have been created and built upon. " 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE •CHARACTER OF THE'DISTRICT because substantially-all lots in the Seawood Acres subdivision..are developed with a lot size of 12 ,500 square feet. STATE OF NEW YORK ) ss ...... ...........,.•.......... COUNTY OF ) Signature, l�Maynard Sworn to this � .k�. s<45 Y..'........ day of ............. 1988 'Notary P c JESU_ rBASAL yypajyl Public, State of New York _ No.•31-4889..84 _ Claaljtlbd In New York 20 1989. �m�lssion Expl[es Ap,t TOWN OF SO THOLD PROPERTY RECORD, CARD � i OWNER STREET VILLAGE DIST. SUB. L.. . FORMER OWNER r N ACR. S W TYPE OF BUILDING RES.- SEAS. VL. JW FARM COMM. CB. MICS. Mkt. Value _ LAND IMP TOTAL DATE REMARKS - - - - ----- _ 6-0 - 4-111,6 14G S!� e 2S oo �' a/�, e��sA _r✓ orvleo - _dz1 e _ J,C-,/vgq,- tom I AGE BUILDING CONDITION. NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable I FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK MOD , 9 _ 6� TOWN OF SOU' HOLD PROPERTY RECORD , •CARD OWNER STREET VILLAGE DIST. _-:SUB. LOT. FORMER OWNER N E ACR. W TYPE OF BUILDING RES. /®, SEAS. VL FARM COMM. CB. MISC. Mkt. Value 02 ND IMP. TOTAL DATE REMARKS ® V,01 //a £ll(o.l— G h 4 X411le .195Q131 �rC l�r� uc �-��a/✓�oU `',".^' >;�1,.�.. i✓U -��.e _ 92,3 A 7 ► 4-1e �o.Z/' U�'a%+I�' t► -V e- /J' G/:��9d�cfdv<<,r+' a �' �� ��z! �z s'��e.��z,.ro � z .� 5,��-I�•G1�- }�o:.!)Av�•ds- `� - �� T. �vr✓A�d . AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre. Value Per � . Value Acre -_ Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ,�- House Plot DEPTH BULKHEAD Total DOCK i ` sia i K COLOR TRIM a: 2 . i l t M. Bldg. z 7 Foundation R Bath % Dinette Extension _ 3 Z 3,a ement Fv Floors p,q,r<-, K. Extension Ext. Walls Interior Finish LR. — Extension Fire Place Heat {. �. �.✓ .138. DR. Type Roof Rooms Tst Floor BR. Porch �X _ 9 1 Recreation Roo Rooms 2nd Floo FIN. B. Porch Dormer Breezeway Driveway Garage I,/ ly 3 Patio 0. B. _ Total '"�3 r {.. t ' :t_"I.A;(`.l_?1"K_� 'h`�,+'v`-.,•'i•v °(�""'.. I� AT �jE 0 AC_QE f 1 -- - -- O - r N df I C � �1 cry i t; 1 3 I \ �. �^ N fan. 0i Noj V Fz,N r Cf) r, LO i G O f PDOFED OVEca-._i" 1-vi6ov2n of W LOT L)i G I tr s e, lu,a.1,a r c•y . in�:�:n.,,.h^.z-s:n�ti..;i:•_,:, \ , i L t, - w•!Y zo th;.V!FR ..i Cn hm the Pu7F'S: / `.shalf to Uks /y. . -� ��� j er;,er�Omr3+?v.��>u✓ninyn:cl ate.^_r;oy R.;;oi •c: tit+.nr 11s4 �I' u�r r C3) ! x ar o,fth iatrt -ta+ GF VF� \\ (ti} I fst t .s rro rt:Tr rr. .c �� r �fl � ;?J + r::a:ar`ir_.r+�•ar ilt-ah;�tr . 4' \C� V'� � i '� { C-IU EE: TO HQME TITL.F - __...- CHHCAC-'73 Tl COMPANY cj; r . T 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. April 8 , 1988 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Charles R. Cuddy , Esq . 180 Old Country Road P . O . Box 1547 Riverhead , NY 11901 Re : Appeal No . 3714 - Dale and JoAnn Maynard (Variance ) Dear Mr . Cuddy : Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals , the original of which has this date been filed with the . Office of the Town Clerk. Please be sure to return to the Building Department for issuance of -any permits or other approvals i.n writing as may be applicable . Please do not hesitate to call either our office (765-1809) or that of the Building Inspector.. (765-1802 ) if you have any questions . Yours very truly, GERARD P.' GOEHRINGER --CHAIRMAN Enclosure . Copy of .Decision to : Building Department By Linda Kowalski Southold Town Planning Board �O���FO��oG • Ln Southold . Town Board of Appeals'. MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD.. March_ 17, 1988 MEMBERS,.. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. _ SERGE DOYEN, JR.ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H.SAWICKI. Notice of Determination .of Non-Significance APPEAL NO. : 3714 PROJECT NAME: DALE MAYNARD, -- 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: ) Type II [ ]. Unlisted [ ] __________DESCRIPTION OF ACTION: Insufficidnt area and width of two parcels as approved by Planning Board in subdivision known as "Seawood Acres" LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: W/s Seawood Drive,.- Southold, NY 1000-79-7-64 and 65 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) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetland grasses or areas subject to flooding which may be considered wetlands. 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. me - - - - - - 1V1J1'1( ; OF HEA'K1N6S —— NOTICE'IS HEREBY GIV- EN, pursuant to Section 267 of I COUNTY OF S U F FO L K the Town Law,and the Code of ss: the Town,',of 'Southold., the STATE OF NEW YO R K following hearings'.will,be held by the•SOUTHOLD.-TOWN ' BOAR at a Regular Meeting at the Southold I Patricia Wood, being duly sworn, says that she is the s Town• Hall, :Main or Road, Edit of THE LONG ISLAND TRAVELER-WATCHMAN Southold;NY,on THURSDAX' , , :r MARCH17. 1988atthefollow- „ a public newspaper printed at Southold, in Suffolk County; , ing,times: and that the notice of which the annexed is a printed copy, 7:35 p.m.•.Appl-No. 3714-. DALE MAYNARD.Variance'to has been published in said Long Island Traveler-Watchman the Zoning-Ordinance;,Airticle once each week for . weeks III; Section 100-31,''Bulk " ' " " " . . . . . . . . . . . " Schedule„fdr,approval'of'the in- / ze sufficient area and width of two successively, commencing on the parcels as approved by the Plah- ning Board in the subdivision known as"Seawood Acres,Sec- y of . . . . . . . C.. 19 tion I;' Filed Map 'No.'2575: Location of Property:West.Side .of Seawood 'Drive, Southold, j • • • • • • • • • • . . . . . . NY; County Tax Map Parcels l No. 1000-79-7.-64 and 65. ' 7:40 .p.m.;Appl.' No':,^3713- i 8:20 p.m. Appl. No. 3687- .' ROBERT STARON.Variance to 1 JON C.KERBS.Interpretation 'the Zoning Ordinance, Article { and, if necessary, Variance / III,Section 100-32 for approval under Article XI, • Section 're me this . . . . . . . . . . . . . . . . . . . . . day of rY I�1 for feet from the ocate b Code, -of the construction of accessory 100-119.2 of the Zoning storage shed with an insufficient � for permission to locate building a� setback-••from property'lines at D.E.C. 19 premises known as;1490,Water-• I, determined tidal wetlands line as view Drive, :Southold,, :NY, � approved under.D:E.C. Permit. ! County Tax Map. Parcel No. J. No. .10-86-0092 and in accor- 1000=78-7-54. dance with Town Trustees 745 .p.m. Appl.. No.: 3711- I •Wetland Permit No.;373 condi- • I ERNEST - AND DORIS' tionally approved June 25, 1987:. Location of Property:ROBINSON-,Variance to the p y:East Side Notary Public Zoning Ordinance;Article XI, of Narrow River Road,Orient; 1 Section 100-119.2 for permission NY;'County Tax Map Parcel No. BARBARA FORBES to construct deck with an insuf- 1000-27=2-5.. ! Notary Public, State of New York. ficient setback from existing 8:35 p.m..Appl. No. -3710- a No. 4806846 B Qualified in Suffolk Count bulkhead at.premises,known as THE COVE AT SOUTHOLD;,�- I Y 915 Mill Creek Drive,,Southold, INC.Variance Winder Article XI, I Commission Expires �3/ 19 J-(f 'NY,County Tax Map Parcel No.' Section 100-119.2 of the Zoning 1000-13'5-3.37. Code,for permission to locate 7:50 p.m. Appl. No. 3712- buildings'75,or more feet from ROBERT CLEMENS, the NY.S.'D.E.C. determined Variances:'(a)to the Zoning Or- tidal wetlands line and at not dinance, Article 'III, Section less,than 18 feet from"the Town 100=31, Bulk,Schedule, for per- Trustees determined wetland mission to construct additions grasses as approved under to dwelling,with an insufficient 'Trustees Permit Application No. re aryard setback from the '` 601.' Location of Property:. easterly property line, and (b) South Side of Main. Bayview ,1 for approval of access pursuant Road_, Southold, NY; County to New York Town Law,Section Tax Map ,. Parcel No. 280-a over a private right-of-way j 1000-87-5-20. extending off the south side of'. The Board of Appeals will Main Bayview Road,Southold, hear at said time and place all NY;County.Tax Map Parcel!No. representatives or persons desir-. ! 1000-87-5-17. ing to'be heard in each of the , f8:00 p.m. Appl. No. 3543- above matters.Each hearing will PETER AND •BARBARA ;' not start before the time allot- HERZ:Variances to the Zoning. ted. Written comments may be- Ordinance Article XI Section submitted prior to the conclu- ' Sion of the subject hearing.For —LOD119 2`for�erm���Or` � � mot p e information lease call �� pa3ueM 2I3 L$OdB2I BWI L 765-1809. j pa�un� Dated:'March 3, 1988 dpaH BY':ORDER OF THE SOUTHOLD TOWN BOARD OF.APPEALS o � (� GERARD P. GOEHRINGER, I CHAIRMAN. If Iski. Property: West Side of Sea wood L— -extending off the south 8:35 p.m 1.��. No. 3710 =Drive, Southold, NY; County Tax side of Main Bayview Road, THE COV AT SOUTHOt n INC \� Map Parcels No. 1000-79-7-64 Southold, NY; County Tax Map and 65. Parcel No. 1000-87-5-17. Variance under Article XI, Section 100-119.2 of the Zoning Code,for 7:40 p.m. Appl. No. 3713 - 8:00 p.m. Appl. No. 3543 - ROB .RT TARON. Variance to. PETER AND BARBARA HERZ. permission to locate buildings 75 the Zoning Ordinance, Article III, Variances to the more feet from the N.Y.S. Zoning D.D.E.C. determined tidal wetlands y Section 100-32 for approval of the Ordinance, Article,XI, Section line and at not less than 18 feet �construction of accessory storage 100-119.2 for permission to from the Town Trustees determined shed with an insufficient setback, locate new single-family dwelling wetland- rasses as a Of GreenpOrt, In from property lines at premises with insufficient setbacks from g roved under known as 1490 Waterview Drive, existing bulkhead and from Trustees Permit Application-,-No_ �Irn, says that-he/she is Southold, NY; Count Tax Ma hi hwater areas along Midway 601. Location of Property: South ,�:OLK TIMES, a Weekly NOTICE OF HEARINGS y P g y y 'Side of Main Bayview. Road, NOTICE IS HEREBY GIVEN, Parcel No. 1000-78-7-54. Inlet and Hog Neck Bay, premises Southold, NY; County Tax Map �reenpOrt, In the Town 7:45 p.m. Appl. No. 3711 - _ known as,70 Cedar Point Drive, Parcel No. 1000-87-5-20. pursuant to Section 267 of the _ERMT Nil DORT. ROBIN OIQ. Southold; NY; Cedar Beach Park folk and State Of New Town Law and the Code of the The Board of Appeals will hear Variance to the Zoning Ordinance Map, Part of Lots 152. and 110; I Town of Southold, the following at said. time and place all F which the annexed is he nn s will be held b ;the Article XI, Section 100 119.2 for County Tax Map Parcel No. 1000- g y permission to construct deck with 90-02-13.1, representatives;or persons.desiring SOUTHOLD TOWN BOARD,OF to-be-heard it{ each of the above regularly published in an insufficient--setback from 8:20 p.m.. Apo.. No. 3687 matters. Each hearing will,not I 1 APPEALS at a Regular Meeting at existing bulkhead at prmuses - JON C. KERBS. Into rotation ph week for the; Southold. Town Hall, Main known as 915 Mill Creek give, Interpretation start before the time allotted. Road, -Southold, New York,'onand; if necessary, Variance under- Southold, Written comments may be BnCing On the 1 THURSDAY.MARCH 17 1 988 at NY. County Tax Map Article XI, Section.106-119.2 of submitted prior to the conclusion Parcel No. 1000-135-3-37. the Zoning Code,for permission of the subject]hearing. For more 19— the following times: 7:50 p.m. Appl. No. 3712 - to locate building 75 feet from the information;gease call 765-1809. 7:30'p.m. Appl. No. 3714 - ROBERT C .EMENS. Variances: _ N.Y.S. D.E:C. determined tidal Dated: March 3, 1988. DALE MAYNARD Variance to the (a) to the Zoning Ordinance, wetlands line-as approved under BY ORDER i - Zoning Ordinance, Article !III, Article 111, Section 100-31, Bulk] D.E.C. Permit #i10-86-0092 and in , _ ;OFTHESOUTHOLD Section 100-31,Bulk Schedule;for Schedule, for permission to accordance with Town Trustees TOWNBOARDOFAPPEALS approval of the insufficient area construct additions to dwelling Wetland Permit No. 373 GERARDP.GOEHRINGER; 'rincipal Clerk and width of two parcels, as with an insufficient rearyard conditionally approved June 25, CHAIRMAN I approved by the Planning Boaid in setback from the easterly property 1987. Location of Property: East Linda Kowalski, the subdivision known ; as line,and (b)for approval of access Side of Narrow River Road,Orient, Board Secretary "Seawood Acres, Section 1", Bil pursuant to New York Town-Law, NY; County Tax Map Parcel No. 5851-ITM10 Map No. 2575. Location of Section 2804 over a private right- 1000-27-2-5., i - ___ 19 -- — »' MARY K.MGM" NOTARY PUBLIC,State of New York � ^- Suffol4 County No.48498 9 r` JY m Expires Februar -4 7 South®ld �'® Board ®�' Appeals ............. X 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of--the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your publi-c. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel frEYe to call our office , 765-1809 . Yours very tr 1 G RARD P . G0EHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, MARCH 17 , 1988 Appl. No. 3714 Applicant (s) : DALE MAYNARD Location of Property: W/s Seawood Drive, Southold County Tax Map ID No. 1000- ;79 Board Members Present: Chairman Gerar-d--- - P. Goehringer Members: Grigonis, Doyen;. Douglass (Mr. Sawicki.>was absent) Also'.Present: Victor Lessard (Building Department) Linda Kowalski, Z .B.A. Secretary and approximately 30Persons in the audience. The Chairman opened the hearing at 7 : 30 o 'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating the house lot which is lot number 26 and lot 25 which basically is the nature of this particular application. However, we are really separating both the house and the lot interchangeably. And we have a map drawn by Roderick VanTuyl and Son, most re- cent date is August 16, 1967 . There appears to be a new print of that map. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? Mr. Cuddy. MR. CUDDY: I represent Dale and Joann Maynard, the owners of the subject parcel, lots. If I may, I 'll try and raise my voice, I would like to come forward because I have a lot of material that I 'd like to present to the Board.: And I think it might be easier to do it up there then stand back here and walk back and forth. Does everybody have a copy, first of all, of the map, VanTuyl ' s map showing lots 25, 26 and 27? Ok. As the Board is aware, it had previously had an application to di- vide or separate off lot 27 and it granted that application in 1981. But at that time, they denied the application for 25 and 26 to be separate lots. I would submit that that was an ver- sight by the Board based upon what I believe is the appliocable law. And I would offer to the Board a map of Seawood Acres which is identified, not only the lots in question and showing all of the ownership on both sides of Seawood Drive but I be- lieve this map also shows that it was approved by the Planning Commission of the Town of Southold. This was a map that has Page 2. - Thursc March_ 17 , 1988 Public Hearing ,,Dale Maynard Southold Town Z .B.A. MR. CUDDY (continued) : lots essentially which are between 12/5 and 13/5 square feet. Prior to the time that this map was approved, the town approved a map in East Marion called the Map of Marion Manor and I 'm go- ing to offer that as an exhibit too. And the reason that I of- fer this map is that this is the same size lots. Twelve five, thirteen thousand square feet as this map except this was three years earlier than the Seawood .Acres map. In 1958 and ' 59, the town also approved maps; Terry Waters at Bayview. They approved a further map and this is in the Hamlet of Southold that I 'm talking about. The Map of Bayhaven at Southold. These lots on this map, both maps are also approximately 13 thousand to 15 thousand square feet. I offer those two maps to the Board. The reason. I present all these Traps to you is simply this; that in 1971 and in 1973 when the Board was upzoning, at that time in 1971; the lots on the Seawood Acres Map, 25, 26 and 27 were 12 thousand 500 square feet or more or legal lots. And only by the accident of upzoning, having the parcel in one name, do you have a merger. But all of the maps I presented to you and 43 other maps were exempt from the merger. That's by your section 100-13 . I don't find any rhyme or reason in taking a map in 1956 , Seawood Acres, and denying that exemption. When a 1953 map, a 1958 map and a 1959 map received the exemption. And I would submit to you that the 1956 map of Seawood Acres is entitled to the same treatment which is to allow the lots that exist. In other words, 25 should be a lot, 26 should be a lot as is 27 which you granted. So I would respectfully request that as a matter of law, that you consider that this lot number 25 should be set off. I would al- so say to you that factually, the situation I think, .has: markedly changed since 1981. To the north of the lots that are shown as 25 and 26 are lots that were not on the file map originally and they!re noted on this map. They're drawn in right here. Those lots existed prior to 1969. They're presently in three separate owners and I have copies of those maps. I 've identified these maps by the tax map numbers. The tax map numbers here for in- stance, for 25 is 64 . So the lot that is immediately to the north of 25 is 64 , 62, 61 .• These parcels were acquired at dif- ferent times. But originally, the intended to be clause shows that in 1969 they existed as separate lots. So at the time they were created, they met the zoning requirements. They've since, conveyed to new owners. Two of the three lots have houses on _ them. The lots are the further north. The lot that is immedi- ately adjacent to 25 is vacant. The lot to the north of it is owned by Dunn. The lot next to that is owned by McKyver. CHAIRMAN GOEHRINGER: That' s a fairly new house. MR. CUDDY: Both those houses are new houses. And I would just offer up three copies of deeds for those respective lots. Per- haps just to assist a little bit, this is a tax map showing the same information on it except that these lots now are numbered consecutively so that you can see where they are and they fit right in here. I would also offer up to you 'at this time a con- tour map done by VanTuyl. It ' s in two sections. I.'m. doing this to show you the houses that are built there so we can project what a house on 25 would look like. This shows you the lots in .,' Page -3 Thursdaylarch 17 1988 Public Hearing - liaie Maynard Southold Town Z .B.A. MR. CUDDY (continued) : question. There is the existing house of Mr. Maynard right here. This is the building envelope that would meet the old standards of 35 foot setbacks based on the old "A" District. Immediately to the north then, would be this map. So that running it this way, these lots basically have the same contours. The Dunn house is on the middle lot. That house has exactly, that lot has ex- actly the same contours that are on this lot when you match them up. When you heard the case in 1981, there was no houses on those lots. I think that looking at the lots themselves, there may have been an error made as to which lot was steeper. But certainly, the Maynard lot which is 25, has no greater slope than the Dunn lot which is the middle one on the contour map. We have for the Board, I don 't expect you to review them all, but these are pic- tures of 'the various lots that we 're talking about, tax map lots, showing the angles, showing the houses that are on them. They are new houses. They have been built in the fast two years. I would also submit to the Board, copies of appraisals, appraisal state-- ments from A.W. Albertson, lMarion King and from Hahn Realty stating in effect that the two lots sold separately would be 45 to 50 thousand dollars different then the whole package. That is 25 and 26 sold as one lot. Mr. Maynard acquired his lot, the parcel here, in. 19.82. He would very much. like to sell the parcel which is desig- nated as 25 which is the vacant lot. He ' s been approached by a Mr. Keirnan who is here tonight. Mr. and Mrs. Maynard are here. Mr. Kiernan is here. Mr. Kiernan has lived here all his life. He wants to remain here and this lot is a lot that he can afford to buy. It will be sold in the vicinity of 16 thousand plus dollars to him. It 's not as affordable as we think. of it in the planning area but it ' s certainly- an affordable lot to somebody who is try- ing to stay here. He can manage this situation and he can pay for it and he can build a house on it. That' s certainly a make- way type bargaining but I do point out to you that there is some merit in having somebody buy-a lot that can afford to put a house on it and remain here as opposed to going some other place. I would ask the Board, based upon the fact that I think there was an oversight, as a matter of law, as to the exemptions. And fur- thermore, I think that the facts show that there can be a house built upon this. And one of the reasons for your earlier denial was a question of contour line. I think that the contours show that you can build on lot 25 just as well as you can build on. the lot that 's two lots away. I believe that there are --compelling reasons today that weren't there in 1981 to address this particular application and approve it to divide both those lots so that Mr. Maynard has the same lot as everybody else in Seawood Acres and there are over thirty lots that are small lots in that area. It' s certainly not going to adversely effect the neighborhood and I suggest that it' s in keeping within precisely with. what the town had in mind for that area. Mr. Maynard is here. Mr. Kiernan is here. A neighbor is here if there are any questions. Page 4 - Thursd,: March 17 , 1988 Public Hearing ___sale Maynard n Southold Town Z .B.A. CHAIRMAN GOEHRINGER: I don't have any questions to be perfectly honest with you. If anybody would like to speak, they're welcome to for the record. And we thank-. you very much. MR. CUDDY: Thank you for listening CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of the application? Anybody like to speak against the application? Hearing no further questions, I 'll offer a motion gentlemen, closing the hearing and reserving decision until later. All in favor - AYE. BY''vI y Distribution List Hearings of March 17 , 1988 Southold Town Board of Appeals Copies to the following on or about March 8 , 1988 : Suffolk Times (Personal Delivery 3/8 ) L . I . Traveler (Personal Delivery 3/8 ) Charles R. Cuddy , Esq . ( for Maynard ) 180 Old Country Road., Box 1547 , 'Riverhead, NY .11901 Mr. and Mrs . Robert Staron , Waterview Drive , Southold , NY 11971 Mr. and Mrs . Ernest G. Robinson , 223 Diane Place , Paramus , NJ 07652 Mr . Garrett A. Strang , R. A. as Agent for Robert Clemens Box 1412 , Southold , NY 11971 Rudolph H. Bruer , 'Esq . , Main Road , Southold, NY 11971 Patricia C. 'Moore , Esq . , ''Box 23 , Main Road; Ma_ttituck , NY 11971 Attorneys .for Mr . and Mrs . Peter Herz Richard J . Cron , 'E_sq . , 'Cron & Cron , Main Road , Cutch'ogue , NY, 11935 . , Stephen R. Angels 'Esq . as Attorney for Jon C. Kerbs Esseks , Hefter & Angel , Box 279 , Riverhead , NY 11901 Mr . Jon C. Kerbs , Box 525 , Greenport , NY 11944 The Cove at Southold , Inc . , 5044 Expressway Drive South , - Ronkonkoma 11779 Others : Mr. Robert Thompson and Mrs . Jean Dickinson Thompson P . O . Box 309 , ' Southold , NY 11971 James Bitses , Esq . , Main Road , Southold , NY 11971 Mr. and Mrs : Wesley R. Dickinson , Bayview Road , Southold , NY 11971 Mr . David Gunselman , Hiawathas Path , Southold , NY 11971 Mrs . Robert W. Greene , Main Bayview Road , Southold , NY 11971 Laughing Waters Property Owners Assn . , Inc . , Box 20 , Southold , NY 11971 Mrs . V . Gifford , Box 312 , Southold , NY 11971 Mr. Bud .Young , Private Road off Main Bayview Road , Southold , NY 11971 Southold Town Trustee Office Southold Town Building Inspectors Office Town Hall ' Bulletin Board (lobby ) Individual ZBA files Individual Board Members with related info from file Town Hall, 53095 Main Road R Y ji P.O. BOX 1179 SOLIthold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 16, 1988 TO: Southold Town Zoning Board. of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No.3714 application of Dale Maynard for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk Gn A RT.ES R. CUDDY ATTORNEY AT LAW 180 OLD Cou=n-y RoAD(RTE. 58) P.O.HOX 1547 RIVERH An,NY 11901 ADJACENT TO _ Tp F-PHONE 369-8200 MOTOR VEHICLE DEPARTMENT ABEA CODE 516 February llth , 1988 Zoning Board of Appeals Southold Town Hall . Main Road Southold, NY 11971 Re: Dale Maynard Dear Sir or Madam: In connection with the above application for a variance hearing, the applicant seeks permission to separate merged lots into lots as shown on the filed map and tax map which property is located in the Residence A District. We enclose the following: 1 . Zoning Board Application; 2 . Notice of Adjoining Property Owner ' s Form; 3. Four survey prints; 4. Short Environmental Assessment Form; 5 . Zoning Board of Appeals Questionnaire; 6. and a check in the amount of $150.00 . Please place this on your calendar for the March, 1988 , meeting and notify us of the anticipated time that the application shall be heard. Thank you. Very truly yours , Charles R. Cudd CRC:cz enclosures Q�9d /u, ,er•eo(� �ea�d Cam. > BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of Dale Maynard NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: HAROLD REESE, JR. PROPERTY OWNER 855 Sunrise Highway Lynbrook, NY 11563 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 (Variance) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Seawood Drive, Southold, New York District 1000 - Section 79 - Block 7 - Lots 64 and 65 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residence (A-80) 4. That by such Petition, the undersigned will request the following relief: Relief from bulk schedule including but not limited to approval of lot area ,:for lots having dimensions of approximately 100' x 130111 known as Lots 64 & 65 on the tax map and Logs Z5 and 26—on-TiTemap fZb . 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 100 Section_ 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' February 12th 198$ DALE MAYNARD Petitioner Owners ' Names : Dale Maynard Post Office Address 6 Peter Cooper Road New York.NY 10010 Tel . No. ( ) [Copy of sketch or plan showing proposal to be o�o.,r�venience purposes . ] >.. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Harold Reese, Jr. - 855 Sunrise Highway, Lynbrook New York 11563 P 429 503 786 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) CID a n SOD e 00 aO. State ;[I p ch Postage / 5 f Certified Fee Special Delivery Fee i I Restricted Delivery Fee Return Receipt showing to whom and Date Delivered in 00 Return R .,����� m. w Date.a A ress of De d TOTA Postage as d 5 o Postrn rk or Da. •u P 0 LL c� a STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Christine Zaweski residing at Ri,uerhead,,"New York - being duly sworn., deposes and says that on the day of February 11988 , deponent mailed a:true copy of-the:Notice set forth on there- 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 Riverhead, New York ; that said Notices were mailed to each of said persons by (certified) (%%,jsAq%A mail. Christine a es i Sworn to before me this 12th day of February 1988 a- �9 �J24 Notary Public 0— CHARLES R.CUDDY Notary Public,State of New York No.5872225 Qualified in Suffolk County Commission Expires Dec.31,1988 (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) 1 BOARD OF APPEALS, TOWN OF SOUTHOLD ' In the Matter or the Petition of � 8 r Dale Maynard NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: HAROLD REESE, JR. PROPERTY OWNER 855 Sunrise Highway Lynbrook, NY 11563 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 (Variance) �"M)LXx&*0* J 6M;P*&W (Other) [circle choice] I ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Seawood Drive, Southold, New York District 1000 - Section 79 - Block 7 - Lots 64 and 65 3. That the roperty which is the subject of such Petition is located in the following zoning district: Residence (A-80) 4. That by such Petition, the undersigned will request the following relief: Relief from bulk schedule including but not limited to approval of lot area for lot, having dimensions of approximately 100' x 130' known as Lots 64 and 65 on the tax map and Lots #25—and 26 on filed map #2575. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 1000 Section 31 E ] 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: February 12th 1988 DALE MAYNARD Petitioner Owners ' Names : Dale Maynard Post Office Address 6 'Peter Cooper Road New York, NY 10010 Tel . No. ( ) [Copy of sketch or plan showing proposal to,_, be .attached for.. convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS f �a r A f Harold Reese, Jr. - 855 Sunrise Highway, Lynbrook, New York 11563 r -- P 429 503 767 ~- ---- RECEIPT FOn CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL �J� ((See Reverse) _Si.^ % .p SI -1 qnr+N k, (/ 1 j P O. State aq(J ZIP Cnde P ,tage -- S ``— :i & Certified Fee i Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered C3 Return Receipt., �� .whom• Date• and A:. • .y � — �----_ .mac c TOTAL I ostage an S CS CID Postma k or Date M STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Christine Zaweski residingat Riverhead, New York being duly sworn, deposes and says that on the 12th_ day of Fehritary , 19 88 , 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- Tice at Riverhead, New York ; that said Notices were mailed to each of said persons by (certified) Xi-5x ) mail. - Christin e s k i Sworn to before me this 12th day of.. : February fig 88 Notary Public I CHARLES R.CUDDY Notary Public,State of New York No.5872225 Qualified in Suffolk Coupty Commission Facpires Dec.31, B SS8 (This side does not have' to be completed on form transmitted to adjoining property owners.. ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Dale Maynard NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: DAVID G. FEAVEL PROPERTY OWNER Seawood Drive Southold, NY 11971 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 (Variance) (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. Seawood Drive, Southold, New York District 1000 - Section 79 - Block 7 - Lots 64 and 65 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residence (A-80) 4. That by such Petition, the undersigned will request the following relief: Relief from bulk schedule including but not limited to approval of lot area for lots having dimensions of approximately 100' x 130' known as Lots 64 and 65 on the tax map and Lots5 and 2b on fi led map IF2515. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 100 Section_ 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) 765-1809. 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: February 12th 1988 DALE MAYNARD Petitioner Owners ' Names : Dale Maynard Post Office Address 6 Peter Cooper Road New York, NY 10010 Tel . No. ( ) [Copy of sketch or plan showing proposal to be atta'ch'e� '-f'o-r= c,o,nvenience purposes . ] = , �� .. , PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS David Feavel Seawood Drive, Southold, New York 11971 P 429 503 788 n-ECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) C, Sent to p ca _ f e v e� `r St and No co " ec�woc�_rr-rJ � P_ . State and ZIP Cc'ie 007/ Postage S R Certified Fee Special Delivery Fee . Restricted Delivery Fee Return Receipt showing to whore and Date Delivered u7 co Return Receipt shnwinq to whom. Date.and ^ ery a, �- EIR/t_- C TOTA PosPage and Fees S CD Pos lark or Darn : LL C;) - - -- - - - - - - - -- a STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Christine Zaweski. . residing at Riverhead, New York being duly sworn, deposes and says that on the 12th day of February , 19 , deponent mailed a true copy of the Notice set forth on the re-: verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riverhead, New York ; that said Notices were mailed to each of said persons by .(certified)%(<"MiSW mail. Christine eski Sworn to before me this 12th day of Fe ruary , 19 J Notary Public CHARLES R.CUDDY Notery Public,State of New York No,5872225 Qualified in Suffolk County Commission Expires Dec.31, 1988 (This side does not have to be completed on form transmitted to adjoining property .owners.. ) SHORT F.IN11'OMIF11TA1. a ;F"';N!A[T 1'r:1111 IIIS,TRUCTIOI;St (a) In order to answor tho quanr.ion:J ill thi:, :,I,orr. FA1' i:, 10 that tl,o pproparer will uuo currontly available infonaitilon r.unr.nrnlr;;; r.ha project and tl;o 1iJwly Impacts of the actions It is not expected that arid;.tic. al atur:inc, roccarch or other invostigations will be tuidortalcon: (b) If any quantion has boar answorvd Y,:;, the, project my i,q �,i,;n,r!curt nnrl ecrploted. Environmental Asuossmunt Fora is nece:isary. (c) If all questions have been answered No it is li;coly , ll,t th.:: l:r�, ;,•ct l not significant• (d) 1;-rvironmontnl Agnnnnment 1• W111 project rosult in a .largo 1)hyzicnl cl�rnF;o to the pro joct site or ph7ntcal y al ter more tiian 10 acres of land? . • • . . • . Yr:;; X No 29 Will thoro bo a major chnngo to ally uriiquo or unusuul land form found on thu rite? Yon X NO 3. W111 project altor .or have a lary;u ufl'uct or, X an oxi:iting body of water? . . . . . . . . . . Y 1;U N 4. Will project have a potentially lat-vo impnc:t, uri groundwater quality? f,;., X $. Will project significantly. uffoct rlraln+,f;u 1'lv,r`; r,. r,, I-, on nd jaccnt aitus? # . . . . . . . . Y•+ :. X itc• cri > ---- -- r. 6• h'111 project affect any throat+:n+, l or cndr.nrr:rul Ui -plant or ani:--lal apecics? . . . . . . . . . . 7• 1-11-11 project result in it ,ra jor urlvor:,n uf'i'c:ct (,n air quality? • ___• 'r.•� X 11� rL: 0 — 8. All project havo 'a c�jor affect cn vin!)itI eiucr - acter of the community or nccnl:: vic w:, o: v intar. J lcnoldn to be 1.nportatrC to Clio C0;-.mun1Ly7 . . '1;::, X :lU v) —-- 9. Will project advorooly impact aw, :,itn or• :,truer_. t:ro of- hlucoricp pro•-historic, or paluonrolugical importance or any site dosignatnd a:; it critical onvironmcntal area by a local aguncy? • • . Yu:t X Nu 10. Will project have a major offoct on oxi:,tin,; or future recreational opportunitiu3'1 . Y X 1l,, -Ill. Will projoct.rnoult' in major traffic problem:, u: cause a ma or affect to oxirting t:rnwportatio:t .• - $y8.tems? • • • • • . • • • • . . /� • X I:o 12. 14i11 project rogiLlarly cau;,u objectionable odc,r'::, noise, glare, .vibration, or electrical di:,r.uri,-. - anco as a rantLlt of the Pro jact's churrit iun? _ Y, :: X llc 13o Will project have any i►al»ct on Irul>lic health or .9al'at7"� . . . . :�::: X 11.. 14111 project e,ffoct the uxi;,Llnl; cornrnluii:y t,y dirccr.ly ca,i;Jing a Cruwth in pLz-m•,r.+:nr 1 :;Jn,ln- tion of nore than 5 puircc:nt �:'ur .1 c nc•-yuui (.+:riot or have a major characCcr of Chu cort,Junity ,r ne1,;t,J.-ornrccJ ' . Y.• X 1;,; 15• I:; there publ_lq controvur':17 f.unrr:r'nir.,; X^ '(u '1'[. PREMICIPS SICNATIT _ _ _ _ _ rI ::: Attorney - 1?g2R£;I:(TI C Dale Maynard February 2nd, 1988 i QUESTIONNAIRE TO BE COiMPLETED AND SUBMITTED 14ITH YOUR APPLICATION- FORi•1S TO THE [30ARD 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 ? Y e s N; 2 . aj 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 N6 b) Are there any areas open to a waterway without bulkhead? Yes PI 3. Are there existing structures at or below ground level , such as patios , foundations , etc? Yes N, 4. Are there any existing or proposed .fences , concrete barriers , decks , etc? Yes Not 5• If project is for proposed an accessory .building or _ • structure , is total height at more than 18 feet above average ground level ? State total : _ ft . Yes I� 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 N� 8. Are there any building permits pending on this parcel (or abutting land under your ownership , - if any) ? Yes N 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 Town Trustees Yes County Health Department Yes Village' of Greenport - Yes c N . Y . S . D . E. C,. Yes _ Other Yes 10 . Is remises P pending a .sale or conveyance? _ _ If yes , please submit copy of names or purchasers and conditions of sale . (from contract ) . Yes Nc 11 . Is new construction proposed in the . area of contours at 5 feet or less as exists?. Yes Nc' 12 : If new construction . is proposed in an area within 75 feet of wetland. grasses , or land area at a6 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 Yes N�the requirements of -Ch'. 97 of the Town Code ? o 13 • Please list present use or operations conducted upon the subject property at this time and proposed — *Please submit photographs for t-he record . I certify that the above statements are true and are -being submitted for reliance by h Board of Appeals in considering my . application . Signazure Property U.Jne Authorized Agent 3/37 lk i § 97-13 WETLANDS § 97-I3 TOWN — The Town of Southold. �.; TRUSTEES •— The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6.19841 WETLANDS [Amended 8-2G-76 by L.L. No. 2-I976; 3-26- _ 85 by L.L.No. 6-19.85]: 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 tow title are covered by tidal water:} 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 ;,rows or may grow some or any.of the following: salt hay, black: ( grass, saltworts, sea'lavender, tall cordgrass,- high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the ntrwt l:tndv:atd edge of such a tidal wetland. I3. . FRESHWATER WETLANDS: - (1) "Freshwater wetlands" as defined in Article 2.1, Ti- tie 1, § 2.1-0107, Subdivisions' 1(a) to 1(d) inclusive, ( of the EnvironmenUd Conservation Law of the State' of New York;and (2) All land immediately adjacent ton"fresIh ater we.t- land,"as definuti in Subsection Ii(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwater wetland." a 9703 c cs•s5 wv Ud-J f T- - �� 8tand�rd N.Y.B,T.U.Form 8007" 1.81.20M—Bargain and Sala Deed,with Covenant against Grantor's Acts—Individual.,or Corporation. s :: �j r — CONSULT YOUR LAWYER BEI SIGNING THIS INSTRUMENT—THIS INSTRUN SHOULD BE USED BY LAWYERS.ONLY. c�OQ 5306 I �S u;EP9245 PAGE 5J IUs . THIS INDF.NIURE, made the 21st day of September , nineteen hundred and eighty-two BETWEEN HERBERT W. DAVIDS, residing at 35 Lakeview Drive, Riverhead, New York 11901 and PAULA. OEHRLE DAVIDS, residing at 745 Seawood Drive, Southold, New York 11971 party of the first part;and DALE MAYNARD and JO ANN MAYNARD, his wife,. both residing at Peter Cooper. Road, .New York,.. New York .10010 party of the second part, WTTNFSSETH, that the party of the first part, in consideration of Ten ($10.00) - - - - - - - - - - - - - - - - - - dollars, lawful money of the United States, 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, I lying and being im1koi; at Southold, in the Town of Southold, County of Suffolk and State pf New York, known and designated as and by the Lot Numbers 25 and 26, on a certain map entitled, "Map of Seawood Acres, Section One", and filed in the Office of the Clerk of the County of Suffolk on June .26th, 1956 as Map No. 2575. BEING AND INTENDED TO BE part of the premises conveyed to the grantors herein by deed dated August 23 1967, recorded September 11, 1967 in b Liber 6217 at page 409, TAX MAP DESIGNATION Dist. 1000 -- Sec. 079.00 BIk. 07.00 ` Lot(s): 064.000 . . 065.000 �. ._... . REC fvEd RE EsrgTe a ..tb: SEP 23 y �' T'""ISFER TUC �. Cplj OLK _._im Y R9245 PAGE `7 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 incumbered 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: Herb rt W. avids n Paula 0ehrle Davids 5PE E540 - New Toll(,COUNTY OF S of _k se: STATE.OF NEW YORK, CC Y OF q; 2lstday of September,19 82, before me On the day of 19 , before me �y �e Herbert W. Davids and personally came Paula Oehrle Davids to me known to be the individuals 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 execut o same- executed the same. RUDOLPH H. BRUER Notary Public, State of New York y No. 52-0465530 Qualified in Suffolk County Commission Expires March 30, 1983 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 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 seat of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that ,he, said subscribing witness, was present and saw affixed by order of the board 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. argaiin anb �aYtteb SECTION WITH COVE ANT AGAINST GRANTOR'S ACTS TITLE NO. SY V1 z1e0'L7"e BLOCK LOT Herbert W. Davids and SOUMXMR TOWN of Southold Paula Oehrle Davids Xxx .X9g County of Suffolk TO Dale Maynard and .JoAnn Maynard, his wife, - RETURN BY MAIL TO: STABDAnn r^.,,,........ Recorded By: Mr. Dale Maynard t IFE TITLE INSURANCE 6 Peter Cooper Road, Apt. 10G i Company of New York New York, New York 10010 127 W.Main street Riverhead N.Y 0 ec- Zip No. V W O LI • Z of �J1 V of u W1Nno� 0 301i3A'r kl(1N1?�V u 3 A n N ' Y � SpUT.• I °Nae CP Ik .,�. P•no/ ' 41 _n^4q zoo' o ..- .. B Q r- - u ral 6 •oP +`.q0 • 4q8 ^95 W10 .. .. u flat". a rro•f - " lI11. 7 -1? 9 ,• o tral. v. _ - - - �S•rOREttNE .• lq �� �2a m a14 o zoo' (SO') 3 e o-N 'o fx.r eo Iro• :47 rao-_" - -._� _ _ roa' n.,'v . 12 ro a ;39 a o-u rz.I a zoo .!lo a U37 - -°13 2 10' ,or "I' ANCas In HOR Iro• ro l' "fr, A. (soy 4g r.lu 33 _ 20.2 - - 2 - �. zxr• $32 52 UY g .. _ SEE SEC.NO 080. 53 rasr' c Nzl z 629 -44 4a/ zTi, 56 ml o b,. so4.4 .r..i^:h'r' !'0 A(d ISd 20.3 2 IN' '26.04(c) 23 61 ur, 'o. 2.3A(cI `J i - 21 _ y J9 _ _r 22 c 4 I A i4 'Oa LOA(,) . 22 16 ,.a 21 62 f...1 12 ;' I.3A(c) 14.0 A.Ic) W ; 1 IA(,1� O 3 r7 j •r 20 63 iur _ 23 - { F- ¢ 1.34(c) r 8 Iul zo aoo 9='�_'64 Nar In —�' - IB _ 65 66 �• 5^'J 2A(e) 1.2 A1e)' Ala' ",r•. a' '7 1 ! Ie 1 'x° 3.6Q) 24A(z�•� R D. g 10 1 1 12 '� z• ,f, .c. f ' r.r I3 _ 52 ul 53 S4 : - 56 ?r 14 SI r•r !:1• r,l •z,.{n'2 a.,� - 16 - " se' 23AW 3 ro,'• ar=z159e I"� fu 15 Z SO . FOR PARCEL NO - _Q 4 ou SEE SEC NO 081 Ue J _ 6OZ Q 83 e pO wn / 49 ea _ 35 rw 12 13 (� 8 0 /9 30.0 A(c) .6 16.0 A(cI Is 8 A(c) > ••a e x 14 UAW _ / 9s as •xr O 2/ 4d./ )//q('' 96,• ve C 18.2A1e) RO441 ,rb cl'*•66; h orOn N r� zco• MATCH _ Z-. .LINE ,p � MATCH ..Z _ _. .. .-._Z ._.. _ ..- c N!x SEE SEC NO.008 66: e11 r.o, LINE NATCH LINE a. SEE SEC.NO 088 MAyA/A,oea 14.3 71- 7-&I� KEY MAP © " COUNTY OF SUFFOLK TOWN OF SOUTHOLD SEC, 2O° °--- 200 a°° Real Property Tax Service Agency ozs VILLAGE OF O� oer --SCALE IN rtEr ----- ,11 S County Center DISTRICTNO. IOOO . +J ` oea on Riverhead, L. I., New York t>b,e d c—I.ace. P RO PE'