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HomeMy WebLinkAbout3758 f of Fr Southold Town Board f 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 JAMES DINIZIO, JR. . ACTION OF THE BOARD OF APPEALS Application of THEODORE KUDLINSKI, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel ID No. 1000-78-9-50. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of THEODORE KUDLINSKI, JR. under Application No. 3758; 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 made the following findings of fact: 1. The premises in question is located along the east side of Highwood Road (House #605) , approximately 550 feet south of North Bayview Road in the Hamlet of Southold, Town of Southold, and more particularly shown on the Suffolk County Tax Maps as District 1000, Section 78, Block 9, Lot 50. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total lot area of 20,399 sq.ft. and is improved with a single-family dwelling structure as shown on the March 20, 1984 survey prepared by Roderick VanTuyl, P.C. Page 2 - Appeal No . 3758 - Theodore Kudlinski Decision Rendered October 26 , 1988 3. Article III, Section 100-31, Bulk Schedule, Column "A" of the Zoning Code requires a minimum rearyard setback at 35 feet for a principal dwelling structure. 4. The relief requested by this application is specifically a variance from the required 35 feet to 28 feet for the construction of a 12-ft. by 36 ft. attached open deck. 5. The dwelling as exists is shown to be set back 40 feet from the rear property line and 35.7 feet from the front property line, at its closest point. 6. It is noted that the lot in question is nonconforming as to lot area and lot depth, limiting the most practical building area. 7. In considering this application, the Board also finds and determines: (a) the relief requested is not substantial under the circumstances; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3758 for a 12' by 36 ' wide open deck with an insufficient rearyard setback at 28 feet, as applied in the Matter of the Application of THEODORE KUDLINSKI, JR. under Appeal No. 3758, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unroofed, as applied; 2. That any and all lighting be shielded to the property. . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Sawicki and Doyen were absent, due to serious family illness. ) This resolution was duly adopted. lk * A P . GOER Gy R, CM;AIRMAN r , r Our A� e sodhold' 'bwn Board of Appeals 'a! ® 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. NOTICE OF HEARINGS JOSEPH H. SAWICKI . 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, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings Y Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent) , at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. ' 1000-111-01-016. 7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the -Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 9:0 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119. 2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7: 55 p.m. Appl. No. 37555E - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: - South Side of Main Road, Southold, NY; County Tax Map. Parcel No. 1000-75-06-7.3 . (Recessed from Prior Meeting) . , 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI , JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for I to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. :.8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. . 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10. 3. Appl. No. 3761-V - Variance to the Zoning .Page 4 - Notice .of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15) (M) to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location. of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10. 3. 8:15 p.m'. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 Notice of Hearings ' Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8: 30 p.m. Appl. No. .3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot #16, . Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8: 40 p.m. Appl. No. 37695E - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS) . Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13 . 8: 50 p.m. Appl,. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an. area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3 , Block 3 , Lot 3. 5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 550.0 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 37745E - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII , Section 100-708 for permission to construct addition to existing building, (maintaining the westerly yard setback),-for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map -Parcel No. 1000-102-2-24. . 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct. , Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 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. For more information, please call 765-1809. _ "j Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN ; BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski -----------------------------------------------------------------x Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. -----------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL FileNo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . i!-S!d. .. . . . . . . . . . . . . 19 7. . �.4 . 1 ��,. ... . . 92d. . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . �$, .�. . . . . . . . . .. for permit to construct . . . . . `. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at (� c �- Location of Property . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section . . . . . . . . . . . . . . Block . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . is returned herewith and disapproved on the following grounds .UAL QAA &J � . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . ... . . . U0 =. �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I .,. . . . . . . . . . . . . . . . . . . . . . J_Ct Building Inspector RV 9180 r '';'`e:.j j-; . BOAR )F HEALTH . . 3 SE OF PLANS .� . . . _.. .. FORM NO. 1 SURVEY . . . . . TOWN OF SOUTHOLD CHECK `! BUILDING DEPARTMENT SEPTIC FORM' . - . . . - . . . - -TOWN HALL . �OLCG. s3FFT. NOTIFY SOUTHOLD, N.Y. 11971 CALL -180� . . . . . " " - " " - 'TEL.: 765 MAIL TO : PC) IU,�`I Examined . . . .� . . . . . . . . . . . .. 19 . . . . Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . . . . . . . . . . . . . . . . . .. 19 . . . INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein'described. The applicant agrees to comply with all applicable laws; ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. . . . . :T� . ., :, . . . . . . . . . . . (Signature of applicant, or name, if/Corporation) 605' Y16� W 00. 'eg4o . SOurgppp�1�y !l57y. . . . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. �.( WLE R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . �a 400.1ZF� ', P , (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and title of corporate officer) ALL CONTRACTOR' S MUST BE SUFFOLK COUNTY LICENSED Builder's License No. . . °-� . . . . . . . . . . . . . . . Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . O Jam. . . . . . . . . . . . . . . H�.�:�W 00.-�. . . . . .-FO.A.�. . . . . . . . . . . . .S.0 UTH0 l..A. . . . . . . . . . . . . . . . . House Number Street Hamlet County Tax Map No. .1000 Section . . . . . . . . . . . .� .6. . . Block . . . . . . . ... . . . . . . . . Lot . . . ��. �. . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . : . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . .S. : . . . . . . . . . (blame) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . :ONE ."64 of`r . .D&;r.cu c— b. Intended use and occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . 3. Nature of work (check which _ ..4icable): New Building . . . . ... . . . . tion Alteration '''.:�. Repair . . . . . . . . . . Removal . . . . . . . . . . . . . .. Demolition . . . . . . . . . . . . . . Other Work !D �. .0 K• . . . . . . o (Descripxibn) o 4. Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) 5. If dwelling,number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . . Ifgarage,number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . .1. . . . . . . . . . 7. Dimensions of existing structures,if any: Front . . . ,gQ. . . . . . . . . Rear . 6.1 .51.11. . . . . . . Depth . 7. • , , , • • • . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Dimensions,of same structure with alterations or additions: Front . . ... . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . S. Dimensions of entire new construction: Front . . . .,3.(. . . . Rear . �.(� . . Depth I?.� Height . . 1.7. ... . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . . PVS.. . . . . . . . . . . . . . . Rear . . . . .•. . . . . . . . . . . . . . . . Depth «•�. . . . . . . . . . . . 10. Date of Purchase . . J4A Y. I f.3 . . . . Name of Former Owner AR% W(W4ftS . . . . . . . 11. Zone or use district in which premises are situated . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Will lot be regraded . . . . . . . . . . . . . . . . . . . . ... . . . . . . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name of Contractor . Address . Phone No.�: . . . . . . . . . . . . 15. Is this property located within 300 feet of a tidal wetland? *Yes . . . . . No *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. 7 HOUSE �SjO rJ Q \0� cJ 1_07 5 0 ~ Z � � a uJ x ; l!1 `I t i MAP 157 Y HOUSE (0 LGT 7 17/S,3 1.F, � _? C_ cr. `J} H_ b. f3-50-15 1 n,, STATE OF NEW YORK S.S N�r'n �i:,*r t-1�;,c., _ =r �i r-vt:'� Y h (la 17-�.i. COUNTY OF . . . . . . . . . . . . . . . . . � . • • • • • • • • • • . . . . . . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. Heisthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . . . . . . . . . . . . .... . . . . . .day of. . . . . . . . . . . . . . . . . .119 Notary Public, . . . . . . /7 .• . 4&g� . . County HELEN K QE VQE . . . . . . . . . . . . . . . NOpIR1f PUBLIC,State of New Yak ( ignature of applicant) No.4707878,Suffolk Cou�Y Tem Expires March 30,ly s 72'9' TOWN OF SOUTH OLD; 'REW W- 01 APPEAL FROM DECISION OF BUILDING INSPECTOtU` 2 APPEAL NO. / �d �P.G�. DATE .. ............................ bo"thold Yowcl clerk TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. rrY. �7 .tom`. h.�C�C�l.�4'......4a.& Name of Appellant Streead Number ...�Lk•'t-�:l.t-.1.a......................................................... :.Y- io ............HEREBY APPEAL TO Municipality te THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ..S.A1le.....: .�...�9 ..1.... WHEREBY THE BUILDING INSPECTOR DENIED TO Name Iof Applicant for permit of ( �,I of .......Ili .h..l. o6d.....r�"........... .4A:!::�.)00........0.s. . ...... Street and Ili, Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 6.©,........ Q:C'.1 ...... .Q-.. ... ..................... Stl�$t /Hamlet / Use District on Zoning Map District 1000 Secti on 7g Block / Jf—� ............ ............................................ .. ....Lot...... ....:.Current Owner cc�re S. ki' �12 Map No.... s�-y Lot. N. o. prior Owner h rye c.Lc-c v 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Jib- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article � Section /yd — a ) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) i-Y'�'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 no een 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 ( v1'A Variance to the Zoning Ordinance is requested for the reason that Form zsi (Continue on other side) REASON FOR APPEAL 6 ") -'4 U Continued 1. STRICT APPLICATION OF THCORDINANCE would produce practical difficulties or unneces-, sary HARDSHIP because. 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 dU L -F,o - I 6 C"i o Y,o a t�., _ 10 t 0. L CL V CA-16 1 C 12b �C. —4a 'C0n54Y kA.,1,+ Q C c c. W o -� (�� o v►,r Y c G r 0.tr c ors'. w 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because wcuA CL } ��1� Imo_ Frio c4e, IF c5 i C, ►� S n��,,..-1-��0..� cr,,r STATE OF NEW YORK ss ............. ............................. COUNTY OF Signature Sworn to this ......................... /fir...... day of................................. .... ..//. ...... ..... 19?p ... .. ...... ....... .. . . ....... �T---110 �-�-�4otary Public VICTORIA G.FIEANEY NOTARY PUBLIC,Stems d Nrwye* No.62-1729100 Qualified In Su#taQc�oNnlp— �� :--scion Emirei % 3G „ ",i e TOWN OF SOUTHOLD PROPERTY RECORD CAR® OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. S. W TYPE OF BUILDING afl RES. �L; SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND . - IMP. -. TOTAL - -- DATE REMARKS /"/C4PN Iq F. Tr 712 r AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plow BULKHEAD Total I DOCK r COLOR TRIM Z/!' Nk 17 I' • 0 MA w r it 4 r / s t M. Bldg. Extension r�1 ,>5_ /o:'.5 0/� Extension I I I Extension' Foundation �� i", Bath Z Dinette Porch Basements Floors K. Porch Ext. Walls 1V, S Interior Finish Breezeway IFire Place Heat /7! DR. Garage I ,�� , i;5'�; �; F' ; �•� n Type Roof Rooms 1st Floor I BR. Patio Recreation Room Rooms 2nd Floor FIN. B 0. B. Dormer Driveway Total TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No. : 3758 Applicant(s) : THEODORE KUDLINSKI , JR. Location of Property: 605 Highwood Road, Southold Tax Map ID No. : 1000- 78-9_50 October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr. ; Member Serge Doyen, Jr. ; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family . illness) . Also present were: Board Assistant Linda Kowalski , and approximately 40 persons in the audience. The Chairman read . the Legal Notice for this hearing , as published in the suffolk Times and L. I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of survey produced -by Roderick VanTuyl P.C. dated November 1, 1983 indicating a one-family house pencilled in the rear is a deck approximately 12 by 36, approxi- mately 28 feet from the *rear property line. And I have a copy of the Suffolk County Tax 'Map indicating this and .surrounding proper- ties in the area. Is there somebody that would like to be heard? Is Mr. Kudlinski here? Yes. MR. .WILENSKI: I 'm his neighbor. He was called out of town. They had to go to a college with his son. So I came here at short notice. j CHAIRMAN GOEHRINGER: We are very rarely and this Board is' real.ly not an accusatory Board. But could you explain to us how that deck is built already and has gotten there and so on and so- forth? Are you familiar with that at all? MR. WILENSKI: Yes. It 's attached to the back of his house. It has 4 by 4 footings into the ground with cement. I think it's 1 ..-. by 6 '�.CVX planking with a rail around it. CHAIRMAN GOEHRINGER: Was a building permit applied for for the construction of this? MR. WILENSKI: That I could not answer. CHAIRMAN GOEHRINGER: Ok. And he has no intention of roofing it in anyway. MR. WILENSKI: None whatsoever. CHAIRMAN GOEHRINGER:. We thank you very much for coming in for him. Is there anybody else who would like to speak in favor of this ap- plicationp Anybody like to speak against the application? I should Page 2 - Thursday, 0-4-ober 6 , 1988 Public Hearing = THE DRE KUDLINSKI, JR. Zouthold Town Zonging Board of Appeals L CHAIRMAN GOEHRINGER (continued) : pause in between. Please feel free if anybody wants to raise their hand in the meantime. I apologize. Hearing no further questions, I 'll make a motion closing the hearing reserving decision until later. All in favor - AYE. BY .0 Gil-'•� �,� 1 r - �e ► � Yi Q�a� 1w r LL Uzi AD � L3.1 35.7' � S. ra„k 7 1 1 lul r Z 44- Al 0 j mEDYNE K)Sf N31477 - �-L G�'!Cf.CO i! LF ins^i1tcA!,!^E ( SUFFOLK CO. HEALTH DEPThAPF' OVttiL COMPANY I 1 >: sr% • Liz,JJ H. S. NO. ,., •• .. . �: ,.. `,:r '!.. � r. c-- 's` .• i_._,%. • ._.: __ _- '� ,' . c-_. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR • THIS RESIDENCE WILL V: CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEFT. OF HEALTH SERVICES. APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY DATE: H. S. REF. NO. 'n'? ,as + APPROVED: `�;t ! ... - 1 _ } � � —�. r � f�i"G� si U t� L, t: �ty,: •! - - SUFFOLK CO. TAX MAP DESIGNATION: A\ I DIST. SECT. BLOCK PCL. OWNERS ADDRESS: Lj{ - '•1.' - .CrJ � ... t. _Tl,.; ,��J _. 1 _ �.`, •\� � i:..i. J..., . .. .._i .Cif o�. h-' i.,. ,: .,; ., 1, DEED: L. - 7.b P. - y �• 's �.•tr� i' TEST HOLE STAMP ' /f' .J �-' - .. i ' ! ` _. .. � �P} - i, Hoet>fo ALTE:'.ti:T:U..G'•,.?:S:Gti r� I VZM yr tri:E Y: Ic f Gfs r. 'r l't:A j 4 ? SEAL • `ta• / � G'1:� ��� � �L't' �1J Jr�J•j.A: �%�-F'".":i! i{ r J'i, It + I ! I ' r,;rt:: RODERICK VAN_TUYL, P_.C, LICENSED LAND SURVEYORS ,fY`G GREENPORT NEW YORK j. ' Dvr:E fVST N:1?477 - - - --�^.-�-- —. __._..^�----------"---- aL L T - zs 142' Mvlr_ rPCE OF CN — E osmi{6 Wose r- 5 � ow{.I /4yLt DECK i N C u J- - �8 - C4 lu v� FLOC -� GrRAEP 3-Zx�CcA r-, � --• 3 RECaU 1RL RAIL OR W{DEISTIP[C RENC14 ►1` NobsE DECK is bVER --- F111AL GRADE ZIP jxy-sec K rN PENNY LUMBER MAIN ROAD-BOX U v _-- - -- GREENM T.N.Y.11B44 3-t�cy rnEl+D - f'ROROSF DECK FOR C�O� SECT�G1�l _ 61RD� Tu Iev r)LjMSl-cl -Cr-3A �Cf':: z ><$ TE[O SCALE '/I("- j'C S+IEET 1 of 1 f'1E TZ-�oST EDGES PLP� l�l FoL� o� 1= SCfi � Tim A t_ 1-lb v s t �� � Fut]('6 o y ppeaSouthold Town Board- of Als -,., . MAIN ROAD = 'STATE ROAD 25, 1 SOUTHO.LD,: L:I , N Y 11971 TELEPHONE (516).765-"1809 APPEALS BOARD October, 6 , 19 88 . MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION RGIREff BOUSEASS JOSEPH H..SAWICKI Notice Of Determination Of Non-Significance APPEAL NO. : 3758 PROJECT NAME: TH'EODORE' 'KU'D'L'INS'K'I', JR, This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article '8 of theN.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 sigiifi- 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 open-deck addition with insufficient rearyard setback from- existing dwelling LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 605 Highwood Road., Southold, NY, 78-9-50 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. me NOTICE OF HEARINGS• NOTICE . IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the 8i00 .....,Appl. No 3758—' .. 8;40 THEODORE KUDLINSKI p.m. Appt. No. 9:15 p.m. Appl. No:,3776— Code of the Town of Southold, 3 7 6 9 S E—C U T C H O G U'E . '` the following hearings will be jR• Variance to :the,Zoning FARMS LTD. fa/k/a GRIS- HOWARD`AND MARGARET held by the SOUTHOLD Ordinance, Article.1I1, Section TINA VINEYARDS). Special Special Exception to TOWN BOARD OF APPEALS 100-31 for permission to.con- p the Zoning Ordinance, Article Exception to the Zoning Ordi-_. at a Regular Meeting at the struct open deck addition with nance, Article II1 Section - III;Section 100-30B(15)for-per- Southold Town Hall, Main an insufficient,rearyard setback ,� mission to establish Accessory 100-30B for permission to estab- Road, Southold, NY 11971, on from existing dwelling, at,pre- Apartment in a proposed addi= lish Winery,at premises located tion to existing dwelling,.at pre- THURSDAY, OCTOBER 6, mises known as 605 Highwood along the north side of the Main 1988, at the following times: Road, "Highwood at Bayview'.' Road, Cutchogue, NY; Count mises known as 435 Eastward ' 7 35 m. Appl. No. 3765— Subdivision_ Lot No. 8, Y. Ct:,'Mattituck,NY;County Tax P PP Tax Map Parcel No: JOSEPH SPITALIERE for Southold,NY;County Tax Map Map Parcel No.1000-115-7-9. 1000-]09-01-13. The Board of'A Variance to the Zoning Ordi- Parcel No. 1000-78-9-50. 8:50 ' ppeala will d p.m. Appl. No:;37n4;=, said time and lace hear an and Hance Article III, Section 8:05 p.m.ELSIE D.YOUNG. P Y •� -'• DENIS O'BRIEN for Variances'' 100-31 for the' lacement of a Appl. No.::3760SE-."Special ecial all persons.•or representatives P P to the Zoning Ordinance, Arti- new dwellingstructure with a re-, Exception to the Zoning Ordi- desiring to be heard in each of �''cle III, Section 100-31'and Ar- - :` '•[lie above matters.Written com- duced setback from the front- nance for permission to estab- ticle XI, Section 100-119.1 for..' property line. Location of Pro- lish Accessory Apartment in an` ments may.also lu submitted permission,to erect tennis court. " perry: Right-of-way located existing dwelling structure in ac- with 10-ft. high fencing and: prior to the conclusion of the cordance with the requirements subject hearing. Each hearing. along the east side of Cedar q gazebo structure in an area other will not.start before the time al-. Beach Drive, Southold, :(just of Article III,Section 100-30B, -than the required rearyard,,at : lotted: For more. information south of'General Wayne Inn) subsection 15.Location of Pro= premises identified on the Suf--" lease call 765-1809.. :;' ;•.; and extending in an easterly and perty: 480.--Grisson Lane, folk County Tax Maps as Su p thence southerlydirection to this Southold,NY;County Tax.Map Dated: September 16, 198& "trict 1000, Section 3, Block.3,'.. BY.ORDER OF parcel identified on the Suffolk Parcel No. 1000-78-1-10:3:. Lot 35 .along Private Road, THE SOUTHOLD TOWN Count Tax Maps as, .:.Appl. No. 3761 V=Variance . Y P Fishers Island, NY. • 1000-90-4-14. to the Zoning Ordinance,Arti BOARD OF APPEALS, cle III Section 100-30B 15 M 8:55 p.m. Appl.'No.No. 3778 GERARD P. GOEHRINGER, 7:40 p.m. Appl. No. 3768- ( )� . BRETT AND JANET KEHL— CHAIRMAN FRANK AND SANDRA CUR- ' to allow conversion of dwelling Variance to the Zoning Ordi- C RAN for a Variance to the Zon- for Accessory Apartment:with By Linda Kowalski 3)i nance, Article. I1I, Section . ing Ordinance,Article III, Sec- Certificate of Occupancy dated 1X,'9/29/88 (50) Condi- tion 100-31 for construction of after January 1, 1984,although 100-32 and removal of Coniiil , Affidavit of Building Ins Lions rendered.under Appeal a pool with deck and fence en- g Inspector No. 3641 on June 18, •1987 in closure with an insufficient indicates dwelling met„the. order to allow conversion of the front and setback and excessive. requirements for a Certificate of n y l subject building as livable 'area' lot coverage over 20 percent) at Occupancy had application „ 1 g ( P )� in proposed reconstruction plan premises known as 780 Hay- been made in a timely fashion. of dwelling,at premises known 7 waters Road, Cutchogue NY Location of Property:480 Gris- as 5500 Main Bayview Road, County Tax Map Parcel No: I son Lane,Southold,NY;Coun- Southold,NY;County Tax Map ' 1000-111-01-016. ty Tax 'Map Parcel No. ' parcel ID No. 1000-78-4-32. � ^ �\ 7:45 p.m. Appl. No. 3763— 1000-78-01-10.3. 9 el 8:15 m.JOHN T.BEEBE=G P•m. . .Appl. No. JOHN J. JESSUP for a Vari- p 3774SE—H&S ASSOCIATES. ance to the ZoningOrdinance, Variances to the Zoning Or& � ' Special Exception to the Zoning Article III, Section 100-31 for nance, Article III, Section , 100-31 for approval of insuffi= Code, Article;' VII, Section t construction of an addition at . PP 100-7013•for permission to con- - the westerly side of the existingcient area and width of two pro- posed parcels in this proposed struct addition in the west- ` dwelling with a reduction in the building,(maintaining the west- total sideyards, at premises set-off division of land,located erly yard•setback)for use part- known as 90 East Road,Cutch- =1 along Beebe.Drive;:Cutc7tdgue, ly for sales of auto parts,added. ogue,NY,County Tax Map Par- NY;County`PaX'Map>Pareel.--No. storage, and engine-rebuilding. cel No. 1000-110-7-15. - 1000=103-3-part of,Lot 5. 8:20 m.ROBERT AND DI- shop,at,premises located along 7:50 p.m. Appl. No. 3759— p' the north side of the Main TONY SCARMAIU. INC. r ANNA BAKER.Special Excep- tion to the Zoning Ordinance, Road, Cutchogue, NY; County a Variance to the Zoning Ordi- Tax,; Map Parcel, No. nance, Article XI,_ Section Article III,Section 100-30B(16) for permission to establish Bed 1000-]02-2-24. 100-119.2 for approval of gazebo, and Breakfast establishment in structure with an insufficient ` an existing dwelling,at premises setback from an existing bulky head along Peconic Bay,at pre- known as 2900 Boisseau•Ave- mises known as. 235 nue,Southold,NY;County Tax Huckelberry Mill Road, -East Map Parcel No. 1000-55-6-9. Marion, NY; County Tax Map 8:30 p.m. Appl. No. 3779—.. Parcel No. 1000-31-16-9. PETER AND DESPINA MAR- 7:55 p.m. Appl: No. 3755SE KOPOULOS for a Variance to i TIMOTHY COFFEY AND the Zoning Ordinance,.Article THE COVE AT SOUTHOLD III, Section 100-31 and prior . Special Appeal No.3623 rendered May �. p cdi Exception to the 11, 1987 for approval of•struc- Zoning Ordinance, Article lI n ture(s)with reduced sideyards,at Section 100-30C,for permission to erect off-premises sign. Loca- Premises known as Lot #16, tion of Property:South Side of Captain Kidd Estates,along the - Main Road, Southold, NY, I south side of Sound Beach County Tax Map Parcel No. C Drive, Mattituck, NY; County 'I 1000-75-06-7.3. (Recessed from Tax Map Parcel No. Prior Meeting). 1000-99-1-24. COUNTY OF-SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . .�9. ,_.1.9. . . . . . . . . . . . . . . . . . .� f Sworn to before me this . . . . . . . . . .a.�. . , . . , day of 4 . ke.-I . . . . , 19 . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary P lic l(Ai-EN W. LOERGESSON NOT/,P,Y PU8!IC, State of New York No. 4842180 Qualified in Suffolk County Commission Expires non of rroperEy.auuu,o,uc.,, Main Road, . Southold, .'NY; south side 'or �ouna neacn -- ••-- .,___-. Drive. Mattituck. NY C'nnmv`•'''� _ regal Notices cial Exception to the Zoning Ordi- Map Parcel No.1000-55-6-9. Hance,Article III-Se&1ipy100-30C; 8:30 p.m.Appl.No.3779—PI-7-1 for permission ct off-premises TER AND -DESPINA MA' NOTICE OF HEARINGS sign. Location roperty:•South OpOULOS for a Variance to NOTICE IS H�REBY`GIVEN, Side of Main Road,Southold,NY; Zoning Ordinance,Article III,Section )ursuant to Seod9 267"of the Town County Tax Map Parcel No. 1000 10nin and rice Appeal cle U,Section aw and the Code of the Town of. 75-06-7.3 (Recessed from Prior p SS: ;outhold,the following hearings will Meeting). rendered-May 11, 1987 for approval )e held by the SOUTHOLD TOWNfNY; 8:00.p.m'-Appl. No. 3758 - .;of structures)with reduced sideyards, HEODORE KUDLINSKI- 7I1:' "at premises known as Lot #16, 30ARD OF APPEALS at a Regglar. �,Captain Kidd Estates, along south sleeting at the Southold Town Hall, ariance to the Zoning Ordinance; side of -Sound Beach Drive, ntent0 Of Mattituck, In Aain Road,Southold,NY 11971,on• rticle III,Section 100-31 for per Mattituck, NY; County Tax Map y y p 'HURSDAY.OCTOBER 6. 1988 atission to construct open deck addi "parcel No.1000-99-1-24.- I sworn says that he/she is Principal fie followingtirttesi on with an insufficient rearyard set'ack from existing dwelling, at 8:40 p.m. Appl. No. 3769SE = LK TIMES, a Weekly Newspaper, 7:35 p.m. Appl. No. 3765 — CUTCHOG[rE FARMS LTD.r n s OSEPH SPITA .TER .fora Varianceremises known as 605 Highwood in the Town of Southold, County of oad, "Highwood at Bayview" GRISTINA VINEYARDS).Special the Zoning Ordinance,,Article III, ubdivision Lot No. 8, Southold; Exception to the Zoning Ordinance, ew York,and that the Notice of which 'ecdon 100.31 for the placement of a Count Tax Map,Parcel No. Article III,Section 100-30B forper- ew dwelling structure with a reduced y p copy,has been regularly published in 000-78-9-50 mission to-establish Winery, at etback from the frontproperjy line. 3:05 p:m.ELSIE D.YOUN� i" Premises located along the north side a each week for 1 weeks .ovation of Property: Right-of-way • Appl.No.: —S Cutchogue,3760SE eci of the Main Road, Cutchoe,NY; 2 9 icated along the east side of Cedar p County Tax Map Parcel gu ncing on the day of :each Drive,Southold,(just south of: Exception to the 1000- Zoning Ordinance - ;eneml Wayne Inn)*and extendin ,in for permission to.establish Accessory 109-01-13.' g g:50 p.m. Appl. No. 3764 — n easterly and thence southerly -Apartment in an existing dwelling DEMS OWN for Variances to the irection to this parcel identified on• structure in accordance.,with the.re= quiremenis of Article III, Section Zoning and nance,Article Article III,Section fie Suffolk County Tax Maps as . 10ni31 and Article Article Section Section OJ 000.90�-14. = •.. 100-30B,subsection 15.Iocation of. -, Property: 480 Grissom Lane', 119:1 for permission to'erect tennis N p. Appl. R . jg7icourt+.with 10-ft. high,feiicing,:and, RANK AND SANDRA RA UmRAN ". Southold, NY; County.Tax Map; i Parcel No.1000-78-1-10.3. - gazebo structure in an area other than Principal Clerk a Variance to the Zoning ' Appl.No.3761-V—Variance `<.the required rearyard, at premises :nte,Article III,Section 100-31 for to the Zoning Ordinance,Article III; identified on the Suffolk County Tax mstntction of a pool with deck and. :Section 100-30B(15)(M) to allow Maps as District 1000, Section 3, O 1" mce enclosure with an insufficient' ,'-`conversion ""Block 3,Lot 3.5;alon Private Road, �d conversion of dwelling for Accessory, g p ontyard setback and excessive lot Pishers_Island,NY. L� l iy Duets a over 20 percent),. at ' Apartment with Certificate of Occu- " � IS 8 g ( p ) pancy dated after January 1,.1984,al 8:55,p.m. Appl. No. 3778 — remises known as 780 Haywaters though Affidavit of Building Inspector BRETT AND JANET KEHL — oad,Cutchogue,NY; County Tax indicates. dwelling met the,re-. Variance to the Zoning Ordinance, 19 MARY K.DEGNAh tap Parcel No.1000-I11-01-016.; :.. NOTARY PUBLIC,State of New York quirements for a Certificate of Occu ?` Article III..Section 100-32 and re- S 7:45 p.m. Appl. No. 3763 _T .; .:. Suffolk Countv No.4'4 Rho pancy had application been made in a"�G'C moval of Conditions rendered under �jtjL rArnl EY,pires Februar 119�v ")HN 7.JESSUP for a Variance to timely fashion.Location of Property.- Appeal No.3641 on June 18, 1987 to Zoning Ordinance, Article III; y '• '. 480 Grissom Lane, Southold, NY-'-.<, m order to allow conversion of the sction 100-31 for construction of an County Tax Map Parcel No. 1000= : :.'subject building as livable area in ldition at the westerly side of the ' 78-01-10.3. proposed reconstruction plan of :fisting dwelling with a reduction in' 8:15 p.m. JOHN T. B . B — dwelling,at premises known as 5500 .e total sideyards,at premises known .- `Variances to the Zoning Ordinance, Main Bayview Road,Southold,NY; ; 90 East Road, Cutchogue, NY; County Tax Map Parcel ID No. ounty Tax Map Parcel No. 1000- Article III,Section 100-31 for 1000-78-4-3Z ;0.7-15. - proval of insufficient area and width' _ - of two proposed parcels in this pro-. 9;05 p.m.Appl.No.3774SE=j1 7:50 p.m. Appl. No. 3759 — posed set-off division of land,located:; .:; S -ASSOCIATES Special. Ex- ONY ARMAT(1 nvr fora fang Beebe Drive,Cutchogue,NY;. :'-';,ception to the Zoning Code,:Article ariance to the Zoning Ordinance; County Tax Map Parcel No lOpO ' .VII,Section 100-70B forpemtission rticle XI,Section 100-119.2 for ap- 103-3-part of Lot 5. >. construct addition'to 'existing oval of gazebo structure with an. 8:20 p.m. ROBERT AND DI= building (maintaining'the' westerly sufficient setback from an existing ANNA BAKER.Special Exception to'" Yard setback)for use partly for sales ilkhead along Peconic Bay, at the Zoning Ordinance, Article III, of auto parts,added storage,and en- cruises known as 235 Huckelbetry Section 100-30B(16)for permission ];fine-rebuilding shop,at premises lo- a ill Road,East Marion,NY;County. ,to establish Bed and Breakfast estab- cated along the north side of the Main ix Map Parcel No.1000-31-16-9. lishment in an existing dwelling, at Road,Cutchogue;NY;.County Tax 7:55 p.m. Appl. No. 3755SE Ma Parcel NofI000-102-2-24. IyTOTHY COFFFY AND THE Premises known as 2900 Boisseau�.•: P „i — Avenue,Southold,NY;County Tax' 9:15 p.m. Appl. No. 3776 )VEATSOUTHO D INC Spe- HOWARD AND MARGARET.__�. Special Exception to the mitred prior to the conclusion of the Zoning Ordinance,Article III,Section "^subject hearing.Each hearing will not 100-30B(15)for permission to estab- start before the time allotted. For lish AccessorX Apartment in a pro- more information, please call 765- L posed-addition to existing dwelling,at 1809. _ prerptses known as 435 Eastward Ct., Dated:September 16,1988. Mattituck, NY; County Tax Map BY ORDER OF Parcel No.1000-115-7-9. THE SOUTHOLD TOWN The Board of Appeals will at said BOARD OF APPEALS time-and place hear any and all per- GERARD P.GOEHRINGER, sons,or representatives desiring to be CHAIRMAN heard in each of the above matters. By Linda Kowalski Written comments may also be sub- 6071-1TS29 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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. Someone should appear in your behalf during the public hearing.. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, . GERARD P. GOEHRINGER CHAIRMAN lk Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for •Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign ,/fir. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail.,A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos - 605 Sound Beach Drive, Mattituck, NY 11951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973 , Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. as Attorney - for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY 11944 Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, . 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952' Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I . Traveler-Watchman, Inc. Traveler Street , Southold, NY 11971 Individual ZBA files. ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) 14-16-4(2/87)—Text 12 PROJECT I.D. NUMBER 617.21 A, SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. PPLICANT/SPONSOR n 2. PROJECT NAME CJI/I 3. PROJECT LOCATIO ri Municipality > ��� ` County (xt—H ) 4. PRECISE LOCATION(Street address and road ri\ntersectifi ns,prominent landmarks,etc.,or provide, map) r` o C� i �1 "Scc--�S 1�' OCA U I J 5. IS PROP ACTION: L�Mew ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? LGJ Yes ❑No If No,describe briefly 9. W,�HHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? L�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)? ❑Yes No If yes, list agency(s)and permitlapprovals 11. DOES ANY ASPfi6T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes, list agency name and permit/approval 12. AS A RESULT OOROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? El Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE /� Applicant/sponso name: eo dOY'� 1 Date: ( `"/f� Slgna ure: / If the action is in the Coastal Area, and you are a state agency, complete the L 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 board 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) I£ 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 O 2. Will there be a major change to any unique or unusual land form on the site? _Yes _� 3. Will project alter or have a large effect on J� an existing body of water? Yes o 4. Will project have a potentially large impact on groundwater quality? _Yes o 5. Will project significantly effect drainage flow on adjacent sites? Yes 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? _Yes o S. 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 o 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes O 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 12. , Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes 13. Will project have any impact on public health or safety? Yes o 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 o period or have a major negative effect on the character of the community or neighborhood? 15. Is there pub controversy concerning the project. _yes No Preparer's Signatu eI�sJ Representing: Date: ZBA 9/75 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE e TO i to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER j YOU ARE HEREBY GIVEN NOTICE: 1. That it is t e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance) Special Exception) (Special. Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is es- cribed as follows: r G 0.' i C rY� O you ' , .. T C th�p,operty hich is the subject of such Petition is located in the following zoning district: r � �4. That by such Petition, the undersigned will request the following relief: r;fe4s C.,__ mac+ Y �,s rk b Ck-C CA CK"t-P_ Cis. A C- � T 5. That the provi5inas-qf the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 44-- Section_ 11.66 13 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and-there. examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the.Long Island 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 appe' r and be heard at such hearing. Dated: y ;I Petitioner Owners ' Names : Pos Office A ess • C) ,56 0's lj r W 1 / [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 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) residing at _ 2 being duly sworn, deposes says that on.the i9. day of , 19 _, deponent mailed a true copy of the Noticeset forth on.the re-: verse side herqAf, directed to each of the above-named persons at the addresses set opposite their respective names;that thY addresses set opposite the names of said persons are the addresses of said persons as shown on the current asseslmf nt r II the Town of Southold;that said Notices were mailed at the United States Post Of- fice at O C l , ;that said Notices were mailed to each of said persons by certified registered) mail. Y Sworn efore me this aGl Z6 day of 19� l�he.1 >VCJ V Notary Publi MARY ANN CYBUL�iKl NOTARe Residing ilC.State Ot New n Suffolk County ru� No 52.5895900 pppMMon Expires April 30 iy1?0 (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) FORM NO.4 w TOWN OF SOUTHOLD . BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of'Occupancy., No.. Z10924 Date .. . . . March.. 25 . . . . 1982. THIS CERTIFIES that the,lot ,�.-.... . . . . . . . . . . . . . . :. . . . . . . . . . Location of Property . 60 . . . . . . . . . . . . .Hightaood- Road _ . . _ - - - Southold House No. Street: . . Hamlet! County Tax Map No. 1000 Section . .0.7.$ . . . . . ...Block . 9 0 5. . . . ,,,Lot . , 0 . . . Subdivision .M�,p .of- Highwood at .BayyiewFiled Map No. 554.7 ,hot No.. 8. . . . . . . . . conforms substantially to the applicable provisions of .the Zoning: j Code of, the, -Town of Southold. The premises are located in.,the. . . . . . . A. Residential-Agricultural zone District -and may be used. . -for such. uses as are presently authorized by the Zoning ;Code in such. district subject to, , however, all of the• requirements. of the Zoning. .. Code. ..... ...... --- This lot is excepted' from-- the=-`lot,-rar,a..: and.: lot width requirement , 100-12 . 1 This `lot has .access on Highwood Road , -"a Town maintained street'. . F The certificate is issued.to , Raymond —.. &1Ta-nc�, a-rol McLeari t . . . . . (owne. . . . . . . . . . . . . . . ., lessee artPratiTl ._ . . . . . . . . k of the aforesaid ,lot. . E ' . . . . . . . . . . Building . . . . - , g Inspector' ' Rev 4179 QUESTIONNAIRE TO BE COMPLETED AND SUBPIITTED L)NTH YOUR APPLICATION FOZPIS TO THE BOARD OF APPEALS Please complete, sign and return to',,. the Office of the Board of Appeals with your completed application _forms. If "Yes" is answered to any questions below, please be sure to'.-depict these areas on your survey (or certified sketch) , to scale, . ari_d-- sub p t other supporting documenta- tion. t . 1. Are there any proposals to change 'or alter land contours? Yes ND 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 No b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No 4. Are there any existing or proposed fences, concrete barriers , decks, etc? oYesNo 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . . . . . . ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes o 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 Town Board Yes QD Town Trustees Yes o County Health Department Yes o Village of Greenport Yes o N.Y.S.D.E.C. Yes No Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes CJ 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or oper ions conduct d upon the subject property at this timeSjGQ -�-�' m� and proposed S C nccY � Please submit photographs for the record. I certify that the above stateme is are true and are being submitted for relianc the Board o Appeal in consi erin my application. Signature (Property Owne Authorized A 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3.26- _ 85 by_L.L.No.6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ercd with;or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five .(5) feet, including but not limited to banks, bogs, salt marsh, swamps. meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the followiniT: salt hay, blade grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. 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 a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." ( 9705 'L•25•H5 - l �t d - ' '• •' I SEE SEC SEE SEC NO 070 NO J. I . A MATCH M 1Dt.L241_l.L'1E 39 THE NATURE - LO Ate y $ CONSERVANCY `--- ° •-'.�_� ��w` .10.12 - - �� �•. HOLLOW° u' ``3a 1 -1..s)wEUxC - / �. ✓ r ro.13 / 10.0 lr 10.10 9$. LOA(c) ' �•i--ram. _, .aa•`. . ,ta).: ,r.• tiF 10.15 \p\ •�,a ec an LO AId ° „ u., 'TOWN OF .0y.•` K. �6\°1 yD IO.I6 a ° _ 33 r , SOUTHOLD .•�f ki a , PARK '\I/ 36 qg• 9 p0. AO QO,� 79. A(e) / 2'1 Q. o° 1UMDERMBTEq Ltnp1 - ♦ . is •, SEE'SEC. 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