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Home My WebLink About3642 s ®c��FFOC/,(C®G Southold Town Boar eats MAIN ROAD - STATE ROAD 25 SOUTHOLid, L..I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3642 Application Dated June 15 , 1987 To: Mr . Garrett A. Strang , R. A. [Appellant (s) ] as Agent for DINA MASSO Main Road , Box 1412 Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on August 20 , 1987 , 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 [X ] Request for Variance to the Zoning Ordinance Article XI , Section 100-119. 2 [ ] Request for Application for DINA MASSO for a Variance to the Zoning Ordinance , Article XI , Section 100- 119. 2 to construct accessory boathouse structure with deck at the foot of the bluff , and deck and new stairs along and at top of bluff areas , all landward of existing wood bulkhead along Peconic Bay , premises known as 5705 Nassau Point Road , Cutchogue , NY ; Lot 39 , Amended Map A of Nassau Point Filed August 16 , 1922 ; County Tax Map District 1000 , Section 111 , Block 13 , Lot 04 . WHEREAS , a public hearing was held and concluded on July 16 , 1987 in the Matter of the Application of DINA MASSO under Appl . No . 3642 ; 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 . By this application , appellant requests a Variance from Article XI , Section 10.0-.119 . 2 of the,. Zoning._, Code for permission to construct accessory boat-storage structure at the foot of the bluff , landward of exist.i'ng bulkhead , and to construct new stairway with landings in the adjacent ,area of the existing stairs , which will be removed , all as shown on plan drawn May 5 , 1987 , prepared by , Garrett A. Strang, Architect. 2 . The premises in question is known and referred to as Lot No . 39 , "Amended Map A of Nassau Point, " filed August 16 , 1922 , File No . 156.. The subject premises cpnsists of an area . of 34,508 sq, ft . with frontage along.. the east side of Nassau Point Road of 100 . 48 feet , and is . improved with an existing one-story , single- family dwelling set back' 39± feet from the top of__ bluff, 10 feet from the southerly side property line , 16± feet from the northerly side property line', and 154 . 5 feet from the front property line . (CONTINUED ON PAGE -TWO ) DATED: - August 20 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. �l) Page 2 - Appl . No . 3642 Matter of DINA MASSO Decision Rendered August 20 , 1987 3 . The accessory boat-storage structure is proposed to be 12 ' by 24 ' with12 ft . open deck (for an overall length of 36 feet ) , to be placed along the edge of the bulkhead , on concrete tubings and C . C . A. treated posts into the ground three feet . The platform construction proposed at the top of the bluff is to.- be not larger than 10 ' by 15 ' . The stairs construction is proposed to extend from the top of the bluff (platform ) down the bluff, with four landings , replacing the existing stairs immediately adjacent (to the north ) . . 4. Article XI , Section 100-119 . 2 requires all buildin s and structures to be set back not less than seventy.-five (75� feet from a tidal water body , tidal wetland edge , or fresh- water wetland . _. 5 . Article III, Section 100=31 permits the establishment of an accessory use for storage .,purpos-es, and this application indicates such accessory use will be incidental and accessory to the residential use of the premises and not operated for gainful purposes , .. or habitable purposes, and will be used exclusively for storag�-• of the .owner 's boat and .similar articles . 6 . In considering this appeal ., the Board finds and determines : (a ) the relief requested is substantial in relation to the requirements ; however,. 'the type of construction of the proposed structures and _uniquene,ss of the property 's. elevations above mean sea level.-- lend to . the granting of -'the relief as noted below ; (b) the difficulties claimed are sufficient to warrant a granting of ..the .variance applied,, with restrictions as noted below; (c ) the diffi.c'ulties claimed are sufficient to warrant a granting of.....a variance ; (d ) there is no other method feasible for appel - lant to pursue for the purposes stated in this application (e ) in view .of the manner- in which the difficulties arose and in considering.-. all the above factors, the interests of justice will be served by granting the variance, as con- ditionally noted below. Accordingly , on motion 'by Mr, Goehringer, seconded by Messrs . Douglass.-. and Sawicki,. it wash RESOLVED , to 'GRANT a Variance under the Provisions of Article XI , Section100=119. 2. in the Matter of_. the• Application for DINA MASSO under App7__ 'No. 3642 , for a new accessory boat-storage structure,-_.-stairs and upper platform more .parti - cularly depicted on Site . Plan - prepared -'by:- Gar. rett A. . St.rang, R. A . drawn May 5 , 1987 ; '60d SUBJECT 'TO THE_ FOLLOWING CONDITIONS : 1 . Foundation of boat-storage structure to be of spile Pa' 3 - Appl . No . 3642 Matter of DINA MASSO Decision . Rendered August 20 , 1987 construction and self- supporting (not to be connected with existing bulkhead or existing spiles ) , to be a minimum of three feet back from the existing bulkhead , and to be con- structed in a fashion as not to cause erosion , raising if necessary ; 2 . Wood deck to be self-sustaining , also with spile construction in the ground and not anchored to bulkhead in any manner ; 3 . Stairs construction to be safe at all times and constructed in a manner as to aid in the prevention of erosion ; 4 . Plantings under and around new construction as recommended by the Suffolk County Soil and Water Conservation District ; 1 5 . Boat-storage structure shall be free of plumbing facilities . No cabana or similar uses, no.. sleeping_. or habitable facilities ; 6 . All lighting at ground. level and shielded to the property . 7 . Existing posts (of construction to be removed ) shall . be cut at ground leve:l,, and without excavation . Vote of the Board :. Ayes : Messrs _ Goehringer, Doyen, Grigonis , Do.uglass ' and Sawicki . This resolution was duly adopted . 1 k G.ERAR.D .P . GOEHRINGER, ., AIRMAN Sep tom b_,er 1. , 1 987_ 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 , JULY 16 , 1987 at the following times : 7 : 35 .p .m. Ap.pl,. No . 3581 = GEORGE 'D.' DAMIEN. Variances to the Zoning -0-rdinance , Article III Sect-ion 100-31 , and Bulk Schedule , for approval of insufficient area; width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson , Fifth and Main Streets ; New Suffolk , NY ; County Tax Map District 1000 , Section 17 , Block 9 , Lot 12 , containing a total area of 28 ; 919± sq . ft. 7 : 40 p .m. Appl . No . 3639 - WILHELM FRANKEN . Variance to the Zoning Ordinance ; Article III , Section 100-32 , and Arti.cle-. XI , Section .. 100-119.2.;;.-for , pdr. mission to I.ocate 25 ' by 25 ' accessory building in sideyard area and with insufficient setback from existing bulkhead along °Gull Pond Inlet. Location of Property : West Side of Osprey Nest Road ; ,.Greenport , NY ; Cleaves Point Subdivision Section I , Map 2752 , Subdivision Lots 14 and 15 ; County Tax Map District 1000 Section 35 , Block 6 , Lots 22 , 23 and 24 (now 24. 1 ) . 7 : 45 p .m. Appl . No . 3635 - ARTHUR V . JUNGE . Variance to the Zoning Ordinance , Article III , Section 100-30 (A) for permission to establish electrical shop use in this "A-40" Residential and Agricultural Zoning District . Location of Property : North Side of C . R. 48 , Cutchogue , NY ; County Tax Map District 1000 , Section 96 , Block 1 , Lot 19 , containing 45 ,589± sq . ft . in lot area . 7 : 50 p .m. Appl . No . 3631 - PUDGE CORP . Variance to the Zoning Ordinance , Article III , Section 100-30 (A) for permission to establish and construct 7500 sq . ft . building for industrial use in this "A" Residential and Agricultural Zoning` District. Location of Property : North Side of C . R. 48 , Cutchogue , NY; County Tax Map . District 1000 , Section 96 , Block 1 , Lot 20 , containing 39 ,524± sq . ft . in lot area . r Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - July 16 , 1987 7 : 55 p .m. Appl . No . 3638 - JAMES AND MARY TYLER (continued from June 18 , 1987 ) . Special Exception m.odifying - Appl . No . 3400 to permit vehicle doors to face street side as constructed . Location of Property : 6795 Main Road , Laurel , .NY ; Mattituck Holding Co . -Minor Subdivision Lot #3 ; County Tax Map District 1000 , Section 125 , Block 1 , Lot 19 . 6 . 8 : 00 p .m.. Appl . No . 36-42 - DINA MASSO . Variance to the Zoning Ordinance , Article XI , Section 100-119 . 2 to construct accessory boathouse structure with deck at the foot. of the " bluff, and deck and new stairs along and at top of bluff areas , all landward of existing wood bulkhead along Peconic Bay , premises known as 5705 Nassau Point Road , Cutchogue , NY; Lot 39 , Amended Map A of Nassau Point Filed August 16 , 1922 ; County Tax Map District 1000 , Section 111 , Block 13, Lot 04. 8 :05 p .m. Appl . No . 3644 - FREDERICK WIGHTMAN/DAVID . FREY/ JOSEPH REINHART. Variance to the Zoning Ordinance , Article III , Section 100-30.(A) , Article XI , Section 100-118 (E ) for establishment of business uses , and/or interpretation , to permit the following activities : retail sales and storage , business office , professional office , governmental office , contractor office , personal -service store or shop , as described for the " B-Light Business" Zoning District , Section 100-60 (A) [2] , [4] , [8] inclusively , in conjunction with existing single-family dwelling unit on second-floor having a livable floor area of 900 sq . ft. Zone District : "A-40 . " Location of Property : North Side of Main Road , Peconic , NY ; County Tax Map District 1000 , Section 75 , Block 1 , Lot 16 , con- taining 1 . 0194 acres . 8 : 20 p .m. Appl . No . 3645 - PAUL . AND CHARLOTTE GALGAN . Variance .to the Zoning Ordinance , Article XI , Section 100-119 . 2 for permission to construct additions to dwelling landward of existing construction and within 75 feet of existing bulkhead along Eugene ' s Creek , 4605 Stillwater Avenue , Cutchogue , NY; County Tax Map District 1000 , Section 137 , Block 03 , Lot 05 . 8 : 35 p .m. Appl . No . 3496 - FREDERICK KOEHLER , JR. Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 for permission to construct 38 ' by 16 ' beach pavillon and attached deck areas extending a length of 124± feet and width of 28 feet (exclusive of stairs ) , accessory and incidental to Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - July 16 , 1987 the established single-family residential use of the premises , . not to be operated for sleeping or habitable purposes and not operated for gain , within 75 feet of ordinary highwater mark and/or landward edge of tidal wetland , along Peconic Bay , 575 Old Harbor Road , New Suffolk , NY ; County Tax Map District 1000 , Section 117 , Block . 03 , Lot 06 . 8 : 40 p .m . Appl . No . 3592 - BENTE SNELLENBURG (Continued from April 20 , 1987�;'as requested) . Variances to the Zoning Ordinance , :Articles : (1 ). XI , Section 100-119 . 10 ) for approval of eight-foot height of fencing along the easterly property line a length of 72± feet ; (2 ) XII , Section 100- 141 , Appealing the November 6 , 1986 Order to Remedy Violation which mandates a building permit for new fencing along the easterly property line . Location of Property : Private right-of-way extending off the east side of South Harbor Road (known as Private Road No . 10 , or Old Woods Path ) , Southold , NY ; County Tax Map District 1000 , Section 87 , Block 2 ; Lot 21 . The Board of Appeals. will hear at said time and place all persons or representatives 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 information , please call 765-1809 . Dated : June 30 , 1987 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary ---------- ------------------------------------------------------x Notice to Newspapers : Please publish once , to wit : JULY 9TH , 1987 and forward two affidavits of publication to : Board of Appeals , Main Road , Southold , NY 11971 , (on or before July 14th ) . Thank you . 765-1809,. ------------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK,sb'FFic,E SOUTIIOLD, N..Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date; . . . �. P-L-- :'� . . �. : . . . . . . . .. 107 . o ?C�i . O �� . . . . . . . . . . . . . . . . . . . . . . . v PLEASE TAKE NOTICE that your application dated . . . . .�. . . . . . . 19 3 io 7. . for permit to construct .� '�. . .�. .`'". .�. . . . . . . . . . . . . . . . .it Location of Property v�?. �. . . . . . .. .. .ers.`° . „.-'°�c . . . . .Q.C� :t`�'--� SL House No. Strece II II il�rnler County Tax Map No. 1000 Section . . . . I I . . . . . . . BloCk : . . l . . . . . . Lot . . . ® 4. . . . . . . Subdivision °l,� Filed Map No. . . �i( . . . . . . . . . . Lot No. a�. : . . . . . . . . . . . . UU � is returned herewith and disapproved on the 161lowing grounds . . . . . . . . . . . . . . . . . . . . 25* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .e . . . . . ... . . . . . . . . . . Building Inspector A V 1/Ca pp c�o 11, (,Y 1 (9-0 Rip + JUN 1.5 07 TOWN OF SOUTHOLD, NEW YORK AMPS MO'"CISION OF BUILDING INSPECTOR APPEAL NO. � DATE ..June 1 0 1 987 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 Garrett A. Stran ,for Masso ( 3 .......................................�. ......................of .....54655„Main Roac1................................... ..................... Name of Appellant Street and Number Southold ....................................... ................................... ....Y „ 'State......... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 4/30/87 FOR: Permit to build boathouse WHEREBY THE BUILDING INSPECTOR DENTED TO .......Garrett..A.....Strana.,..R:Ar................... Name of Applicant for permit of 54655 Main Rd. Southold, New York .. . .... .............. . ......... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) PERMIT TO BUILD New Boathouse' 1. LOCATION OF THE PROPERTY 5705. Nassau Point Rd. Cutchogue A-Residential .......... ... ................................................. Street and Hamlet Zone 156 39 OWNER(S) : . . , Dina. , . Masso, , . . . . . . . . . . ...... ......................................................................... . lvlap.. No. Lot No. 1970 _ DATE PURCHASED: 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 xi , Section 1 0 0-1 1 9 . 2 3. TYPE OF APPEAL Appeal is made herewith for (X ) A VARIANCE to the Zoning Ordinance or Zoning. Map ( ) A VARIANCE due to lack of. access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ()eggs) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that we would like to construct a boathouse and accessory deck at the foot of the bluff, behind an existing bulkhead. Foim ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the existence of the bluff precludes meeting the 75 ' setback requir.ement .of. the zoning—ordinance. The height.. of the bluff is in excess of fifty feet making it impractical to store. boats. with ease of access to the water, other than at the foot of the -bluff. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the waterfront .nature and -. the existence of the bluff is . unique compared to surrounding inland parcels and 'some...nearby waterfront parcels . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because numerous adjacent properties; both north and south. of this parcel, have existing boathouses located as close, if not closer , to the water ' s edge. STATE OF NEW YORK ) / ss .....................L: . �-� .... COUNTY OF SUFFOLI� Garrett A. Arta r Sworn to this .................j.0.th................... day of.......June....................................... 19 87 No'�A, d'AW' 'A, STRANG NOTARY P Nc�147Stote f New YMrk 30095 Quollftsd In Suffolk County =6 Commission EXPIru M W f1; 19.... "N"OWN OF SOUTHOLD MOPE RITY RECORD CARD - OWNER STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N E ACREAGE -2�)a % %7 c✓ S W TYPE OF BUILDING fl : /��d!.-+1 Y V CS Q l3 fit^ ► RES. ��p SEAS. VL. FARM COMM. I IND. CB. I MISC. ^I LAND IMP. TOTAL DA f E REMARKS /4;y j—b�� e, �a/clee-k 7, a a1r 2'an+ /y 014V e / �—J v✓ � r � �'. �j '�'�,c � /9/.1� Q/,�.• �.�� O G-O y'P/Q/7i)7 7�O ��:2.�,s u �c7 �� AGE BUILDING CONDITION NEW NORMAL BELOW --ABOVE 4 .A' Farm Acre Value Per Acre i Value ,� Tillable 1 I - Tillable 2 -__--- ----- -- — I -- Tillable 3 Wcodland Swampland Brusnland House Plot -- i-------- —1-— �— - — ----- I T ota I i I - < — iA el x " 01 7 I I � I I I I p M. Bldg. � ! � Foundation Bath 741J I Extension �� (�: 3 j j Basements (f Floors Extension �' /7 _ y�� Ext. Walls j 1 �'If[1 J(1'/ro interior Finish y' _y �ft�.fr ac,: Extension qq q �J q Fire Place �C � � �� tl y6 , �5 � i b/ � � I"� - r �t ` Heat ✓ ! Porch Attic I Porch Rooms I st Floor — j Pa/0 Rooms 2nd Floor Gar geof' -` Driveway 1�107'E :: ' GOr`rvUi.VIr.3ER✓ 'SHawn/ ATE: 41\1 PR 99AEO F,ea ! _ AgpeA -ra �AM�frcoE�: MA-P. g- ✓.EY f.3� �EGon/iG �ev�yp c of >UPu: �o/! T`:.FiGEOJArJCa�!!p, ._ 'n!C?/NEE , . . . . . _ RosE�� CAPAMA� : /922 FIB" IVY /�510 CC-.3;-%.. 5.7.. _._ __- - - - -- - Ittv goa 01 Io �rn'�liili�usW lig PU f/vP o �qzo_ 7Zr ��1vir0� LNG' 6A_ - �f anI• D � . _' .� ,•• • ,o � pan LinG� -, _ o c�/e ��T fir: �So.3� TAX 0/3.. 0 4- . • - - PfzoP•E�T>'_:::.0�.7N��;: - .MR� =DlNFZ__ t/I.9690 .. Pl. .-N�..�9u. - _. __- •=_.: ,i3,.f.�1/f�(rf/AY'...Gr9N�:= . � _�Po�NT. - ET, , Gt�TGf�0t1� � - Mf/NH _A& /-- EA Aft, E Y R�3 0 ,^� - _ :ibr-lar,.coY'. 1ERED ARC , TITLE Al A. STA,q Fc� To- 7.y6 GARRET.T A. S T R A N G- LOCATION ,I arch . tect,._ T E ; ✓ .yo, � •SCALE T�r.y REVISED - _ DRAWING N41 - -, 'Main P. . 1 71 3, 87 T 015244 0� Road O Box 1412 Southold N.Y 19, . DATE AT Of NEWv 516 --'765 - 5455 DRAWN BY r �PROJECTNO,�W.,0,7 ! / °Lv' COUNTY OF SUFFOLK MICHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5513 DIRECTOR OF PLANNING lar, �-' //, eq(o September 8, 1987 Town of Southold Zoning Board of Appeals Applicant: Dina Masso Mun. File No. : #3642 S.C.P.D. File No. : SD-87-21 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Subject to inclusion of appropriate mitigating measures to preserve the integrity of the bluff. Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb r/.'.RANS MEMORIAL HIGHWAY Zr HAUPPAUGE. L.I., NEW YORK 11788 (51 6)360-51 92 Soutflold Town Eoard 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 September 1 , .1987 JOSEPH H. SAWICKI Mr. Garrett A. Strang , R. A. Main Road , Box 1412 Southold , NY 11971 Re : Appl . No. 3642 - Dina Masso (Variance ) Dear Garrett : Transmitted herewith for your file and perusal is a copy of the official finds 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 in 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 Cop.y of Decision to : Building Department By Linda Kowalski Suffolk County Planning Commission Southold Town ,Trustees - 0 Muthold Townoar 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 Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article X, , Sec tion100-119 . 2 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit",, Appeal No . : 3642 Applicant : Dina Masso Location of Affected Land : 5705 Nassau Point Road, Cutchogue, NY County Tax Map Item No . : 1000- 111-13-4 Within 500 feet of : Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Lan( Boundary of Existing or Proposed , County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS : Applicant is requesting permission to construct accessor boathouse structure with deck at i-hp fciot o€ the bli uff, and deck mod--- new stairs along Peconic Pay. Copies of Town file and related documents enclosed for your review . Dated : September 2 , 1987 f TRANSCRIPT• OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR 'MEETING OF THURSDAY , JULY 16 , 1987 Appl . - No . . 3642 Applicant (s ) : DINA MASSO Location of Property.: 5705 Nassau Point Road , Cutchog.ue . County Tax_ Map ID No . 1000- 1111= 13 - 04. Board Members present were : Chairman Goehringer P . Goehringer , Members Grigonis , Doyen , Douglass and Sawicki . .Absent was : (none ) Also present were : Victor Lessard (Building Dept. ) , Linda Kowalski , Board Secretary , ,and approximately- 12 persons in the audience at this - time . The Chairman opened the hearing at 8 : 18 o ' clock p .m . and read the notice of hearing and application for the record . CHAIRMAN GOEHRINGER: I have a copy of a survey--actually it ' s a site- plan produced—by Mr . Strang indicating a bluff area along the top of the bulkhead about 55 to 60 fe-et , and a proposed boathouse pretty much in line with the existing bulkhead and a set of 1 , 2 , 3 , 4-- approximately four sets of stairs with a platform up on top with landings coming down to th,e waterfront area , which is basically the rear . And . I have .a copy of the Suffolk County Tax Map indicat- ing this-and surrounding properties in the area . Would you like to be heard , Mr . Strang? GARRETT A. STRANG , R. A. : 'Yes , thank you . Good evening . The appli - cation is as. stated quite simple and straightforward. My client is desirous of building a boathouse down behind the bulkhead. _. The use of the boathouse would essentially in the off-season storage of small boats that they`. hava--a sunfish and a. little rowboat and power boat that they can put inside this particular building. Also in the event that there were to be a pending storm they could very easily secure the boats in the building as opposed to --right now. they would have to be run up to the nearest ramp facility and pulled out of the water , trail.ered around to the upland part of the site . We made an application to the Trustees for this particular .situation and they granted a waiver from their jurisdiction . And we have made an application .pending with the N . Y-. S . D. E . C.' '.- Page 2 - Z . B . A. Public hearing Appl . No. 3642 - DINA MASSO July 16 , 1987 Regular Meeting. CHAIRMAN : My question to you is , how large is the boathouse ? MR . STRANG : The boathouse is relatively small . I believe it ' s shown in scale on that site plan . if I ' m not mistaken . I ' ll pull my application if my application finds the size of it . It ' s approximately 12 ft . in depth , front to back , from the bulkhead back to the bluff it would be 12 feet , and we ' re looking at 36 ft. of construction overall length. It is one story. CHAIRMAN : That includes the deck , the 36 ft. MR. STRANG : Right . CHAIRMAN : That ' s where you have- the 760 .sq . ft. mentioned here . MR. STRANG : Yes . CHAIRMAN : The length , 'do you have the length approximately? MR . STRANG: The length will be 24 feet. --let ' s say 12 feet would pass it to the deck. CHAIRMAN : You are planning on constructing this right adjacent to the bulkhead? MR. STRANG : Yes , right along side the edge of the bulkhead since the bluff starts quite quickly to the bulkhead with just trying to squeeze it into that only area that ' s level . CHAIRMAN : What kind of construction are . .y_ou going to drive , pilings ? MR. STRANG : Given the fact that it ' s an accessory building , we '. 11 probably set it on 'piers . I imagine--the way I envision it at this point in time is - to excavate a small area , drop in what' s called. a sonar tube , 'and fill it with concrete and set the building on that . CHAIRMAN : As-. for the deck , the deck would be constructed pretty much the same way? MR. STRANG : The deck would sit on posts , C . C . A. treated. posts would be extended into the ground approximately three feet. Page 3 - Z . B . A. Public Hearing Appl . No. 3642 - DINA MASSO July 16 ; 1987 Regular Meeting CHAIRMAN : Going on to the stairs for a moment. Wbuld you be constructing these stairs with the minimal amount of disruption to the bluff? MR . STRANG : Yes , we would. The intention is to work within . the contours of the bluff and to build a safe stair that hugs the bluff as closely as possible . It ' s not going to extend up above the bluff. The extent of clearing would_.. be strictly the width of the stair and the landings and any v__egetation beyond that Waskdisturbed would be replaced . CHAIRMAN : Do you have any idea how big the platform is on top? MR,. STRANG : The platform at the- very top I would say at this point-- I don 't • have the drawing in front- of me--but the drawing at the top is probably a 10 ' by 15 ' . CHAIRMAN : That looks good in comparison with what the building is down below . Ok . Would there be any lighting that would be required to have a restriction shielding it from the neighbors on the property? MR. STRANG : Any lighting would certainly be--we would be willing t.o keep the lighting controlled within the confines of the site of the deck area . I know there has been some controversy in the past from boaters who don ' t. like these high intensity lights shining out across the Bay'-.in their vision as they ' re coming close to shore. So we would confine any lighting onto the deck area, and there is a stai.rway- that extends from the bulk- head down to .the beach so there may be some lighting in that immediate vicinity also . CHAIRMAN : All right . We thank you very much. Is there anybody else that would . like to speak in favor of this application? . Anybody wishing to- speak against the application.? Questions from Board Members? MEMBER DOUGLASS : Yes . I wanted to ask one : What is the elevation from the beach to the top of the bulkhead? MR. STRANG : From the beach to - the bulkhead is approxima-tely 6 to 7 feet . MEMBER DOUGLASS-' How often does it change? Page 4 - Z . B . A. Public Hearing Appl . No . 3642 - DINA MASSO July 16 , 1987 Regular Meeting MR. STRANG : : It has been pretty stable over the years . It hasn ' t been deep . The highwater mark is probably out 10 or 12 feet from the edge of the bulkhead to the actual highwater mark. So there ' s at least 12 feet of beach there on an average. And there hasn ' t been any evidence . That bulkhead has been there for some time and there ' s no evidence that it has been undermined or that the beach has eroded . So that ' s pretty stable elevation along there . MEMBER DOUGLASS: Thank you . CHAIRMAN : Thank you . - Hearing no further questions , I ' ll make a . motion closing the hearing and reserving decision until-- later . The hearing was concluded at 8 : 27 p .m. Vote of the Board : Ayes : All . Respectfully submitted , ee�na F. Kowa ski , Board Secretary fi 1i Ln . Southold Town Board of Appeals ' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS July 16, 1987 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. : 3642 PROJECT NAME: DINA MASSO -- 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: pQ Type II [ J Unlisted [ ] DESCRIPTION OF ACTION: Construct accessory boathouse structure with deck at the foot of the bluff and deck and new stairs along and at top of bluff areas, all landward of existing wood bulkhead along Peconic-Bay :LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 5705 Nassau Point Road, Cutchogue, NY. 1000-111-13-04 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- merited 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 I-Iall, 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. (3) Information - has been submitted by applicant or his agent indicating that the project will not. involve. the disturbance of wetland grasses or areas subject to flooding which may be considered wetlands. me COUNTY OF SUFFOLK �.140 I7�qy � �� '. UiM.1.rT�i `i9d F�N��[�A Michael LoGrande SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER DISTRICT MANAGER June 26, 1987 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of Appeal No. 3642 - DINA MASSOs please be advised that a site inspection was conducted on June 23, 1987. During the site inspection it was noted that the bluff was well vegetated with woody . plants, including Japanese black pine and oaks. The bluff face is fairly steep, approximately 1:1 or 12:1, however, it appeared stable and no evidence of overbank runoff was observed. There is an existing timber bulkhead along the property which has stabilized the toe of the bluff. However, the bulkhead is fairly old and is bowed away from the bluff at the location of the proposed boathouse. Bowing of the bulkhead may be due to excessive pressure from within the bluff and/or from structural damage to the bulkhead. Construction of a deck and boathouse in this area will add excessive weight and pressure to the bulkhead and could accelerate the bowing and failure of the bulkhead. Consequently, severe bluff erosion to both the property owner's and to the adjacent property to the north could result. M`r. Jay Tanski of New York State Sea Grant Extension Program could adequately assess this potential problem. He can be reached at 632-8730. In regard to the construction of the decks, stairways and landings, although some of the existing vegetation will be destroyed, revegetating the disturbed area could be accomplished fairly easily. Upon the landowner's request a specific planting plan could be developed for the site by this office. Plant materials used for vege- tating the area should be predominantly grasses and ground covers. Some woody shrubs could be used, however, trees, especially conifers should not be planted on bluffs. Removal of the existing stairway should be limited to the strings and treads. The posts should be left buried in the bluff face. Excavating to remove the posts could cause erosion and jeopardize the stability of the bluff. The posts may, however, be cut at ground level. If you require any additional information please feel free to contact our office. Sincerely, ] Thomas J. McMahon, Senior District Technician 127 EAST MAIN STREET RIVERHEAD,NEW YORK 1 1961 15161 727,2315 r F air Q �p r 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 June 17 , 1987 Mr . Stanley A. Pauzer , District Manager Suffolk County .S.oil &Water Conservation District 127 East Main Street Riverhead - NY 11901 Re : Appeal No . 3642 'DINA MASSO Location of Property : Nassau Point Road , Cutchogue Little Peconic Bay Dear Mr . Pauzer : We presently have an application pending in which the property owner proposes to .construct an accessory boathouse , accessory deck (atta.ched to boathouse ) at the bottom and top of bluff areas , 'and removing existing stairs and replac- ing in n-ew. :locatio.n as shown on the attached map dated May 5 ; 1987 `prepared by', -.Garrett A. Strang , R.A. May we ask your assessment of this project prior to the ant.icipated ..public hearing on. this matter (July 16th') ? Enclosed for' your file are perusal are copies of the Suffolk _County. Tax Map ,and site _map . Please don ' t hesitate to c'all' if additional information is. necessary. Thank you for your assistance . Yours very truly , GERARD P . GOEHRINGER 1 k CHAIRMAN _Enclosures HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. TELEPHONE � PHILLIP J. GOUBEAUD (516)765-1892 ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 1, 1987 Mr. Garrett A. Strang Architect Main Road Box 1412 Southold, New York 11971 Re: Masso Residence, Nassau Pt. Road, Cutchogue Dear Mr. Strang: The following action was taken by the Board of Town Trustees during their regular meeting held on May 28, 1987' regarding the above matter. RESOLVED that the Southold Town Trustees WAIVER the need of a Wetland Permit as requested by Garrett A. Strang, Architect on behalf of Diana Masso to reconstruct ,an existing stairway to the beach inclusive of terminal landings at the top and bottom, and to construct a new deck and boathouse at the foot of the stairway with electric and water. Property is located on Nassau Pt. Road., Cutchogue. Please return to the Building Dept. 'for a determination on the need of any other Town approvals that may be required for this project. Very truly,.yours, He"E. ith, President Board of Town Trustees HPS:ip cc: Robert A. Greene, D.E.C., Stony Brook Commissioner. Henry G. 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"�Y F _4Vy r �' �'• '} u.; Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF-VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD /.5IR7 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3642 application of -Dina Masso 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 Notice of Hearings - July 16 , 1987 Southold _ Town Board of Appeals Copies on or about July 2 , 1987 to the following : Suffolk Times L . I . Traveler-Watchman Mr . George D. Damien , 4015 West Fairview Heights Avenue , Tampa , FL 33616 Mr . George D . Damien , Box 626 , New Suffolk , NY 11956 Mr . John H. Geideman , as Agent for Mr . Wilhelm Franken , Box 416 , East Marion , NY 11939 Mr. Wilhelm Franken , Osprey Nest Road , Greenport , NY 11944 Mr . Arthur V . Junge , 6880 Nassau Point Road , Cutchogue , NY 11935 Mr . James L . Gray , Sr. , Pudge Corp . , Box 1465 , Southold 11971. Richard F. Lark , Esq . , Box 973 , Main Road , Cutchogue , NY 11935 as Attorney for Mr . and Mrs . James Tyler Mr . Garrett A. Strang , R. A. , as Agent for Dina Masso and Fred Wightman Main Road , Box 1412 , Southold , NY 11971 Mr . William Jacobs , Builder , as Agent for Mr . and Mrs . Paul Galgan Depot Lane , Cutchogue , NY 11935 Mr . and Mrs . Paul Galgan , 4605 Stillwater Ave , Cutchogue , NY- 11935 Mr . Henry E . Raynor , Jr . as Agent for Mr . Frederick Koehler P .O . Drawer A , Jamesport , NY 11947 Philip J . Cardinale , Esq . as Attorney for Mrs . D . Dean P . O . Drawer W , Main Road , Jamesport , NY 11947] Mrs . Donald E. Dean , 9 Yorke Road , Mountain Lakes , NJ 07046 Mr . and Mrs . Socrates Spirakis , 139 Stratford Ave , Garden City , NY 11530 Justice and Mrs . J . Snellenburg , _ Private Road , Southold , NY 11971 Individual Board members with maps for on-site inspections/reviews . Town Clerk Bulletin Board 7-/1 /87 ZBA Office Bulletin Board 711. /87 Building Department (Vic ) Planning Board Office mission to establish electrical 8:05 p.m. Appl. No. 3644 - tial use of the premises, not to �l ®��e� shop use in this"A-40"Residen- FREDERICK WIGHTMAN/ be operated for sleeping or habit- tial and Agricultural ZoningAmeg DAVID FREY/JOSEPH able purposes and not operated District. Location of Property: REINHART. Variance to the .for gain, within 75 feet of ordi- North Side of C.R. 48, Cutch- 'Zoning Ordinance, Article III, nary highwater 'mark and/or NOTICE OF HEARINGS'' ogue,NY;County Tax Map Dis- Section 100-30(A), Article XI, landward edge of tidal wetland, NOTICE IS HEREBY. trict 1000, Section-96, Block 1, Section 100-118(E)for establish- along Peconic Bay,575 Old Har- GIVEN,pursuant to Section 267 Lot 19, containing 45,589± sq• ment of business uses,and/or in- bor Road, New Suffolk, NY; of the Town Law and the Code of ft.in lot area. terpretation, to permit the fol- County Tax Map District 1000, the Town of Southold,the follow- lowing activities: retail sales Seaction 117,Block 03,Lot 06. ing hearings will be held by the 7:50 p.m. Appl. No. 3631 - and storage,business office,pro- 8:40 p.m. Appl. No. 3592 - SOUTHOLD TOWN BOARD PUDGE CORP.-Variance to fessional office, governmental BENTE SNELLENBURG OF APPEALS at a Regular the Zoning Ordinance, Article office, contractor office, per- (Continued from April 20, 1987 Meeting at the Southold Town _. III, Section 100-30(A) for per- sonal-service store or shop, as as requested). Variances to the Hall,Main Road,Southold,New mission to establish 'and con- described for the"B-Light Busi- Zoning Ordinance, Articles: (1) York, on THURSDAY, JULY struct 7500 sq.ft.building for in- ness" 'Zoning District, Section XI, Section 100-119.1(B) for ap- 16,1987at the following times: dustrial use in this"A"Residen- 100-60(A)[21,[41,[8)inclusively, proval of eight-foot height of 7:35 p.m. Appl. No. 3581 - tial and Agricultural Zoning in conjunction with existing fencing along the easterly prop- GEORGE D. DAMIEN. Vari- District. Location' of Property: single-family dwelling unit on erty line.a length of 72± feet; ances to the Zoning Ordinance, North Side of C.R. 48, Cutch- second-floor having a livable (2)XII,Section 100-141,Appeal- Article III, Section 100-31,and ogue,NY;County Tax Map Dis- floor area of 900 sq.ft.Zone Dis- ing the November 6, 1986 Order Bulk Schedule;.for approval of trict 1000, Section 96, Block 1, trict: "A-40." Location of Prop- to Remedy Violation which man- insufficient area, width and Lot 20, containing 39,524± sq " erty: North Side of Main Road, dates a building permit for new depth of two parcels in this pend- ft.in lot area. ` Peconic, NY; County Tax Map fencing along the easterly prop- _ ing set-off division of land lo- 7:55 p:m. Appl. No. 3638 - District 1000,"Section 75, Block erty line. Location of Property: cated at the Corners of Jackson, _ JAMES AND MARY TYLER 1, Lot 16, containing 1.0194 Private right-of-way extending (continued from June 18 Fifth and Main Streets, New , 1987), acres. off the east side of South Harbor Special Exception modifying 8:20 m. Appl. No. 3645 - Road (known as Private Road Suffolk, NY; County Tax Map � P. Y� g P• PP District 1000, Section 17, Block Appl.No.3400 to permit vehicle PAUL AND CHARLOTTE No. 10, or Old Woods Path), 9,Lot 12,containing a total area doors to face street side as con- GALGAN.Variance to the Zon- Southold, NY;County Tax Map of 28,919± sq.ft. structed. Location of Property: ing Ordinance, Article XI, Sec- District 1000, Section 87, Block 7:40 p.m. Appl. No. 3639 - 6795 Main Road, Laurel, NY; tion 100-119.2 for permission to 2,Lot 21. WILHELM FRANKEN. Vari- Mattituck Holding Co. Minor construct additions to dwelling The Board of Appeals will ance to the Zoning Ordinance, Subdivision Lot#3;County Tax landward of existing construe- hear at said time and place all Article III, Section 100-32, and Map District 1000,Section 125, tion and within 75 feet of exist- persons or representatives desir- Article XI,Section 100-119.2,for Block 1,Lot 19.6. ing bulkhead along Eugene's ing to be heard in each of the permission to*locate 25' by 25' 8:00 p.m. Appl. No. 3642 - Creek, 4605 Stillwater Avenue, above ;matters. Each hearing accessory building in sideyard DINA MASSO.Variance to the Cutchogue, NY; County Tax will not start before the time al area and with.insufficient set- Zoning Ordinance, Article XI, Map District 1000, Section 137, lasted. Written comments may -York back from existing bulkhead Section-`100-119.2 to construct Block 03,Lot 05. be submitted prior to the conclu- i0 along Gull Pond Inlet. Location accessory boathouse structure sion of the subject hearing. For D of Property:West Side of Osprey with"dock at the foot of the bluff, 8:35 p.m. Appl. No. 3496 - more information, please call Q Nest Road," Greenport, NY;" and deck and new stairs along FREDERICK KOEHLER,JR. 765-1809. Cleaves Point Subdivision Sec-, and at top of bluff areas, all Variance to the Zoning Ordi- Dated:June 30,1987. tion I, Map..2752, Subdivision landward of existing wood bul- Hance, Article XI, Section 100- BY ORDER OF Lots 14 and 15;County Tax Map khead along Peconic Bay,prem- 119.2 for permission to construct THE SOUTHOLD TOWN District 1000, Section 35, Block ises known as 5705 Nassau 38'by 16'beach pavilion and at- BOARD OF APPEALS 6,Lots 22,23 and 24(now 24.1). Point Road,Cutchogue,NY;Lot tached deck areas extending a GERARD P.GOEHRINGER, 7:45 p.m.Appl.No 3635_AR• 39, Amended Map A of Nassau length of 124± feet and width of CHAIRMAN THUR V.JUNGE.Variance to Point Filed August 16, 1922; 28 feet (exclusive of stairs),"ac- Linda Kowalski, the Zoning Ordinance, Article County Tax Map District 1000, cessory and incidental to the es- Board Secretary III, Section 100-30(A) for per- Section 111,Block 13,Lot 04. tablished single-family residen- 1TJy9-5658 , NOTICE OF HEARINGS COUNTY OF SUFFOLK NOTICE IS HEREBY GIV- EN,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 Patricia Wood, being duly sworn, says that she is the BOARD OF APPEALS at a t# Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Regular Meeting at the Southold a public newspaper printed at Southold, in Suffolk County; Town Hall, Main Road' and that the notice of which the annexed is a printed Southold, New . York, on � p copy, THURSDAY;JULY 16;1987,at has been published in said Long Island Traveler-Watchman the following times: O 7:35':p.m. Appl.'No. 3581- once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks , GEORGE D. DAMIEN. �e Variances to the Zoning Or- successively, commencing on the . . . . . . . . . . . . . . . . . . . . dinance, Article III, Section 100-31, and Bulk-Schedule, for ' . approval of insufficient.area; day o . . . . . . . . . . . . . . . ., 19 . . width and depth of two parcels in this pending set-off division of land located at the Corners . . . . . . . . . . . .i. X. . . . . . . . . . . . . . . . . . . . . of Jackson, Fifth and, Main Streets, New Suffolk, . NY, County.Tax Map District 1000, a Section 17,Block 9,Lot 12 con- . s . , Sworn to before me this . . . . . . . . . .' taminin g a total area.of 28919± , , , . , , , , • , day of q 7:40 p.m. -.Appl.•No. 3639 WILHELM. FRANKEN. 19 � Variance to the Zoning Or- dinance, Article .111, Section 100-32,and Article XI,Section 100-119:2, for., permission to " locate 25" byaccessory buildin'g�in sideyarard area and . . . . . . . . . . . . . . . . . . . . . . . . . . . . with insufficient setback.'from Notary Public existing bulkhead along .Gull Pond Inlet.Location of Proper- ty: West Side of Osprey Nest BARBA RA FORBES Road, Greenport '-NY; Cleaves, Notary Public, State of New York Point Subdivision Section 1,' No. 4806846 Map 2752,Subdivision Lots 14 Qualified in Suffolk Coanty and 15; County, Tax' Map Commission Expires 3/ 19 District 1000;Section 35,.Block 6, Lots 22, 23, and 24',(nbw• 24.1).', . .. .. 7:45 p.m. Appl. No. 3635- ARTHUR V.'JUNGE.Naariarice to the Zoning Ordinance, Arti- cle 1II, Section 100-30'(A)'for permission to establish eleetric'al shop use iri'this-"A-40"Residen- tial and Agricultural• Zoning District. Location of Property: North Side. of CR 48,'•Cut- chogue, NY County,Tax,Map District 1000,Section 96„Block 1, Lot 19, contam�ng 45,589:+ in lot'area 7:50''p.m.'AppI.,' No %c PUDGE CORP.,Variance to the" IZoning Ordinance, Article III;Section 100-30(A) for permis= sion to establish and construct . 7500 sq. ft. .building -for'.in- dustrial use in this"A"Re'siden- , tial and Agricultural Zoning District. Location of Property: North Side of CR 48,•Cut- chogue, NY; County Tax Map District 1000,Section 96,Block 1, Lot 20,,,containing 39,524: sq. ft. in lot area. 7:55 p.m. Appl. No. 3638- _ JAMES AND MARY TYLER (continued from June 18, 1987). Special. Exception modifying Appl. No.3400'to.permit vehi- cle ' t cle doors to face'street side as constructed. Location-of Pro- perty:6795 Main Road,Laurel, NY, Mattiiuck Holding Co. Minor Subdivision Lot No. 3; County Tax Map District 1000, 1 Section 125, Block 1;L6t 19.6. " 8:00 p.m.;Appl. No. 364 f DINA MASSOr Variance to the Zoning.Ordinance, Article XI, Section..100=1,19.2"to construct accessory boathouse structur with deck at the foot of th bluff,and deck..and new•stair , along and'at top of bluff areas, all Landward'of existing wood bulkhead along,`Peconic Bay premises known-as 5705 Nassau, Point Road, Cutchogue; NY; ' Lot'39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000,Section 111;Block'13,Lot 04. .r 8:03 p.m. Appl. No. ,36 - 'EDERICK WIGHTMAN/DAVID FREY/ JOSEPH REINHART.Variance ' to,the Zoning Ordinance; Arti- de III,Section 100-30(A),Arti- cle XI, Section 100-'118(E).for establishment.of business uses,.: f and/or tnteipretation to permit,'..' the.following activities:'retail sales and' •storage, business of- fice,professional office,govern- mental office,contractor office, personal-service store'or shop, as described for the "B=Light Business"Zoning District,Sec-• tion 100=60(A)[2],'`14]; "[81; in- clusively,in conjunction with ex- isting'single-family dwelling unit on second-floor having a livable floor area of.900`sq. ft.. Zone District: "A-40"•.Location of L 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 and date of the public hearing concerning your recent application is a copy of the Legal Notice as , published in the L . I . T-raveler- 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 public. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very tr •1yY�� G RARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Garrett A. Strang, for D. Masso NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (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: 5705 Nassatil Pn;nt Road , C'ntchogue , New York 1000-11.1-13-004 3. That the property which is the subject of such Petition is located in the following zoning district: A—Residential 4. That by such Petition, the undersigned will request the following relief: rearyard setbacks to accessory structure 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X1, Section1 0 011 9 . 2 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: June ' 10 , 1987 Petitioner Garrett A. .-Strang, Architect/Agen for Dina Masso Post Office Address P-o- Box 1412 , Southold, NY Rif"F�f I:. if. A-sS e,,-.�ouEst- .nil vSS�l!•'.S l4SS,'.'1Rili� Eli p+J•;tY;!f.>� >.:.�j .t'JC, 1'1�tS,,YS i;?i6i^..':S h?f:l�}�'!tf4l'<).�.• PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS NORTH BY: Mr . Robert Norkus Nassau Point. Road Cutchogue, New York 11935 SOUTH BY: Frances Schultz 16 Oak Street Woodmere, New York 11958 EAST BY: Little Peconic Bay .WEST BY: Little Peconic Bay STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) C ArrPtt A - Strand residing at Mattituck, New York being duly sworn, deposes and says that on the 1 Othday of June , 19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Southold ;that said Notices were mailed to each of said persons by (certified) (reghae mail. GARRETT A. STRANG Sworn to before me this 1 Oth. day of June , 19 87 Notary Public BAPBARA A. STRAVG NOTARY PUBLIC,$tnfe of NOW Ya►k No. 4730095 Qualified.in Suffolk County �� commission Expires Mtrreft-30,i 9..,. � Uc�3r SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF is 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 significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . Yes X No Z. Will there be, a major change to any unique or unusual land form found on the site? . . . . . Yes No 3• Will project alter or have a large effect on an existing body of water? . . Yes �_ No 4. Will project have a potentially large impact on groundwater quality? Yes X No CL gn V4 5. Will project significantly. effect drainage flow Q a N1 on adjacent sites? . '. . Yes X No y_ _J + 6. . Will project affect any threatened or endangered O Q �.� plant or animal species? Yes X No 0 x 1 Z = Z (3 7. Will project result in a major adverse effect on x c0.' air quality? . . . . . Yes No Z M 8. Will project have a major effect on visual char acter of the community or scenic views or vistas X O known to be important to the community? . . . Yes No p9• Will project adversely impact any site or struct— ure of historic, pre—historic, or_paleontological X importance or any site designated as a critical environmental area by a local agency? . . 0 Yes No 100 Will project have a major effect on existing or future recreational opportunities! . . . Yes x No .. 11. Will project-result- in major traffic problems or o cause a major effect to existing transportation _P systems? . . . . , . 0 0 0 a . 0 Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb— +J ance as a result of the projects. operation? : Yes X No a, i 13• Will project have any impact on public health or a) safety` . . . . . . . -Yes x No Ln 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 period or have a major negative effect on the character of the community or neighborhood? . Yes X No 15. Is there publi --controvers co he project? Yes X No PREP ARERIS- SIGNATURE: Garrett A.- Strang, Arch*tIL(EV/ Agent REPRESENTING: Dina Masso DATE: June 10, 1987 9/1/78 "QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS j' 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 ? No 2 . a) Are there any areas which contain wetland grasses ? (Attached is a ,list of the wetland grasses defined by Yes- No *b) Town there any areas easo open to oference .waterway without bulkhead? Y.es. No 3. Are there existing structures at or below ground level , Yes Ra_ such as patios , foundations , etc? bulkhead i 4. Are there any existing or proposed fences , concrete barriers , decks, etc? Yes PFe 5. If project. is proposed for an accessory buil"ding or f k structure ,' is total height at more than l8 feet above Xis No average ground level ? State total : . "17 _ ft . 6. If project is proposed for principal building or structure , is total height at more than 35 feet above average ground level ?" State total : ft.na Yes No 7 . Are there other premises under your ownership abutting Yes No this parcel ? If .yes , please submit copy of deed. 8. Are there any building permits pending on this parcel i (or abutting land under your .ownership , - if any ) ? Yes N.D_ State Permit # and Nature : # reconstruction of stairs to beach 9. Do state whether or not applications are pending concerning these premises before any other department C or agency (State , Town , .County ; Village , etc. ) : j Planning Board �Fgs No Town Boarder-s No Town Trustees Waiver granted Yes No County. Health Department _ *e-s No Village of Greenport -y•e-s No N . Y .S . D . E. C. No Jurisdiction letter ry�in Yes No Other g .4es No 10. Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers Zs=s Nc and conditions of sale . (from contract ) . C 11 . Is new construction proposed in the area of contours at 5 feet or less, as exists? Yes - - 12 . If new construction is proposed in an area within 75 feet of wetland grasses , or land area at ari 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 Ji�_ Ch . 97 .of the Town Code? the requirements of 13. Please list present use or operations conducted upon the :.: subject property at this time single family rPsicl.ence j and proposed same C *Please submit photographs for the record . I 'certify that the above statements are true and are being submitted for. reliance by the Board of Appeals i considering application. Signature Property Owner Authorized Agent Garrett A. Strang, Architect 3/87 1 k i Lh R9, ZOP11GE 4 SG7 5Iawlard N Y II'I X Form MIM12 :IIM -Bargain and Sale Urrd.wu6('.—m-1,agalml( rnn...'. U I, hro) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD DE USED BY LAWYERS ONLY THIS INDENTURE, made the 19th day of August nineteen hundred alnd eighty—thi BETWEEN HOUSHANG MAHIN and ANNEL. MAHIN, his wife , residing at (no #) Nassau Point Road, Nassau Point, Cutchogue , New York 1191 party of the first part,and DINA MASSO,, residing at 8 Fairway Avenue , Manhasset , New York 11030 party of the second part, 1, 7 WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heir> 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 DISTRICT lying and beingkokoc at Cutchogue, in the Town of Southold, County of 00� 0- Suffolk and State of New York, known and designated a's Lot No. 39 on map entitled "Amended Map A of Nassau Point owned by Nassau SECTION Point Club- Properties , Inca , situate in the Town of Southold, Long � . Island, N.Y. " , surveyed June 28, 1922 by Otto W. Van Tuyl, C.E. an Surveyor, Greenport, New York and filed in the Office of the Clerk BLOCK of the County of Suffolk on August 16 , 1922, File No. 156 . 3 00 LOT 004.000 BEING AND INTENDED TO BE the` same`premises Zonveyed to the -party- o= ;�:.. ;• the first part herein by Deed dated 2/19/70 , recorded 2/27/70 in Liber 6710, cp. 357. RECEIVED REAL_ ESTATE SEP .6 1983 TRANSFER T-AX SUFFOLK CnUNTY rO(;v.,rm.,u with all right, title and iutvrert, if any, of the party of the tint part M :out to an)• streets all roads abutting the above described premises to the center lines thereof; 'l*0Gl_'I•l l l-:k with the appurtenance and all the estate and rights of the party of the first part in and to said premises; TO HAVI: AND T( HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns o 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 ati)-thin) whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13.of the Lien Law, covenants that the. party o �.. the first part will receive the consideration for`tliis conveyance and will hold the right to receive such consic: eration as a trust fur)d,to be applied'firSt fbf-the purpose of paying the cost of the improvement and will appl the same first to the payment of tht~�osr of.-the improvement before using any part of the total of the same fcr_ any other purpose. +-r The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre 5o require: IN WITNESS WHEREOF,the party-of the first part has duly executed this deed the day and year first abov writteq. ` 1prp S9DICE OF; . HO NG MAHI _ L. MAHIN. j Y LI-IcR9420pof 14 - - STATE OF NEW YORR, COUNTY OF SUFFOLK SS: STATE OF NEW PORK, COUNTY OF On the 19.th day of August, _ 19 83, before me On the personally came HOUSHANG MAHIN and day of 19 befort AtJN1: L. IN Personally came ' executed nu• known o g the indi rdt 1 S described in and who to me known to be the individual described in and eythe foregoing ins u nt, and ac w ed ti t executed the foregoing instrument, and acknowledged they executed the sa j . j executed the same. t Y/, JLC yetwyWILUAIM ryy1CKHAM h 89 of NOW� ExPlrec March 30 STATE Of NEW YORK, COUNTY OF ff; STATE OF NEW PORK, COUNTY OF ()n the clay c,f 19 before Ie (fin the personally came day of 19 , before u, nw known, who, being by nu duly sworn, slid de depose and Personally came say that he resides at No, l the subscribing witness to the foregoing instrument, w whom I arft personally acquainted, who, being by me d: that hr is the sworn, did depose and say that he resides at No. of the corporation described that he�knows in and which executed the foregoing instrument; that he to be inividt- knows the seal of said corporation; that the sea) affixed described in and who executed the foregoinghin trumer, to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and sa affixed by order of the board of directors of said'corpora- te same;tion, and that he signed h name thereto t,y like order. at the same timeecute subscribed h annamet as lwitness here) Bargain anh J�ttlr Era WITII COVENANT' ACAIN.S'1' GRANTOR's Ac-rs ' SEC77UN Vic BLOCK HOUSHANG MAHIN and ANNE L. MAHIN LOT TO COUNTY OR TOWN DINA- MASS Recorded at Request of CHICAGO TITLE INSURANCE COMPANY E[NDARDOF NEW YORK BOARD OF TITLE UNDERWRITERS • Return by Mail to Distributed by PATRICIA MANDEL, - ESQ. ICA00 PrgWX C ANCS C01MpANY MANDEL & MANDEL, .ESQS. 28 MERRICK AVENUE MERRICK, DIY Zip No. 11566 W U S O W Z c U JQss W CAC LL cli O LU Ln LU LU �� U W �� > W i i i LETTER OF AUTHORIZATION — TO WHOM IT MAY CONCERN: authorize Garrett A. Strang, Architect, to act on my behalf in making application to the New York State Department of Environmental Conservation, and any other State. or local agency, with regard to this project. a • S 7ef rf 0,0 AIA.w ed V'u rr7 o F `U,AI UW I Sworn to before me this F� day of LA. ,. 1981 i - -Not y Public, State of New York AN'OTT.O i) D1:CS"0 TMI libT.LRY r C,; sin;; Cyr New fork No. 30-1 i a.r»0 Qualinut,in Nass;:u County - —eo�tnissioa L�pn•os - 7_ 1' i .. .,y�,�,,: ♦Ji', .,lf-' �S4 �i-i• 7LL''�.�'..R1.; .!.: -'.e®II f..� �..L. :Tri %c»:...v��':. �- �'$ i{�'Ji'.`• _ `. .d . �::`R�,_'•4' . .••:H,� e�, 9.�ry a.�. '� ••r .i s'�', tT '•'f= �_ •.� •�.i� '_ •'j� t�2\"� �"s�6!\ ,. . �f `I ,. ��` r''�r��\�¢N,.�_`� 2:a:- � 15 1 14 Tit K".- 21 is LGAtcl 2 SM.) 16 lb 15 1 1 9 la I 7A 4Akl G SEE SEZ 133 9 9 12 1.45At,) to (50 Rr '+, 27 ........ .. t y\`•�\T ilA{!•'` v'_. •• ';n to L211,1 i.4A(c) n 12 7 3.111 UI is tT,—s- 03 LGA(C) 0 20 7A(6 19 it 2 C 1 7 2 BAI, to • 3 20 21 LUC') 24 a 1@2 iA'C) 4) -ti (c 12 LCA I LOA 3 A(c) ;.4 - 1. 6 A 1'�I" 26 17 :14 ^9 14 IZAi-i 12.OA(�j (D4 1.4Ai,1 -55, Sl 9 1.4 4 4 7.4 2 6 AW Lo pt) PARCEL No 2.90 SEE SEC.140.Ila oi-ol, 2.?A(c " 4 Z.9 ;o 15 2 MATCHLINE' Ne 1.6 1.3& BAY 80AD ►N r PE CpNIC LOT 38 3 5. 00 —� pDn. .� m 0) y N oo o rn m >c 0 4 R �+ 20" E 242 .77 I" R 0 N 7$° 36' o sdck v �Q z wo 2 mOn. Z5.� b rz.5'_ N _ s n rsfyfe Q o o O o 3 O T -, /zooms 3.d 'n y O W ) Z 3 9 _ G� ands- 3Q• m N D ^`, 2 bypl7 G II.0' -Q5 is 191 = -13 0% j 15'I,4 v ►m m mOL. 1 3 O `0 6 en %P3 LA .00 e Pfer<<.i,z.SN r�de 1 9 j rf rr _SfOGIf 231. 7$ z Qas 13 0 40 SURVEY OF �- - L°T LOT 3 9 -Q Sa w .>�pQ 7 ' 36 20 IIAMENDED MAP A , OF NASSAU POINT II FILED AUG . 16 , 1922 FILE N0 , 156 Prepared in accordanc® with the minimum standards for title surveys as established by AT C U T C H O G U E the L.I.A.L.S. and ® AREA = 34, 508 SQ. FT. TOWN OF SOUTH OLD for such use b pproved and adopted y Th® New York State Land t o tie line S U F F O L K COUNTY , N . Y. Title Association. f i 1000 - I I 1 - 013 - 04 d 4AIVas SCALE III = 30 N. Y. S. LIC . NO. 49668 FEB. 3 19 87 IC VE ,p S a ENGINEERS P. C . P. 0 . O' y� MAIN SOUTHOLD , N. Y. 11971 _ 87 - 12 8