HomeMy WebLinkAboutZBA-05/15/1990 F 0��COGy
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SCOTT L. HARRIS
WALS BOARD MEMBERS C rn
• �. Supervisor
Gerard P. Goehringer, Chairman Q`
Charles Grigonis, Jr. '701 `��O Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
M I N U T E S
REGULAR MEETING
` TUESDAY , MAY 15 , 1990
A Regular Meeting was held by the Southold Town Board of
Appeals on Tuesday , May 15 , 1990 commencing at 7:30 o'clock
p.m. at the Southold Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Members
• Charles Grigonis , Jr . , Serge Doyen , Jr. , Joseph H. Sawicki and
James Dinizio , Jr.
Board Members absent
were: . None Also present were
Doreen Ferwerda, the Board's Secretary and Court Stenographer
(per contractual agreement with the Town for stenographic
services) .
The Board proceeded with the all .the public hearings (as
advertised in the Legal Notice) . During each of the hearings,
testimony was given and the hearing was immediately concluded
thereafter (except as noted in the attached Transcripts of
Hearings) . The transcripts of all the hearings listed on the
attached agenda have been prepared by 'a court stenographer, and
copies of the board decisions as filed with the Town ,Clerk's
Office and S.E.Q.R.A. declarations are attached to this cover
page together with the transcripts as the record of the board's
actions for future reference. (No other minutes for this
regular meeting have been prepared. )
iv
!w. s
`EALS BOARD MEMBERS SCOTT L. HARRIS
Gerard P. Goehringer, Chairman a .:.,; ^� Supervisor
Charles Grigonis, Jr.
Town Hall, 53095 Main Road
Serge Doyen, Jr.
Joseph H. Sawicki ' P.O. Box 1179
James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971
Telephone (516) 765-1809 TOWN OF SOUTHOLD Fax (516)765-1823
Telephone(516) 765-1800
AGENDA
REGULAR MEETING
TUESDAY, MAY 15, 1990
7:30 p.m. Meeting to Order
I. PUBLIC HEARINGS:
7:30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN.
C ? Variance to the Zoning Ordinance, Article III A, Section
100-30A.4 (100-33) for permission to construct an accessory
building in frontyard area. Accessory buildings may be located
,in the required rear yard. Property Location 625 Terry Lane,
Southold, County Tax Map No. 1000, . Section 65, Block 1, Lot 23.
7:35 p.m. Appl. No. 3937 - PATRICK LOHN. Variance to the _
Zoning Ordinance, Article XXIII, Section 100-239.4 B, for
permission to construct a deck. Proposed construction will be
less than 75 ft. from the bulkhead: Property Location: 2480
Minnehana Boulevard, Southold, County Tax Map No. 1000, Section
87, Block 3, Lot 57.
- 7: 40 p.m. Appl. No. 3935 - JCM SALES AND LEASING. Variance
to the Zoning Ordinance, Article XXIII, Section 239. 4, for
permission to construct an accessory deck, proposed construction
-will be less than 100 ft. from the top of the bluff. Property
Location: 62825 North Road, Greenport, County Tax Map No. 1000,
Section 40 Block 01, Lot 11.1.
7 : 45 p.m. Appl. No. 3934 - JOYLON STERN. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4 A(1) , for
permission to construct addition to one family dwelling.
Proposed construction will be less than 100 ft. from the top of
the bluff. Property Location: 63035 County Road 48, Greenport,
�� County Tax Map No. 1000, Section 40, Block 01, Lot 13 .
Page 2 - Agenda
Regular Meeting - May 15, 1990
Southold Town Board of Appeals
I . PUBLIC HEARING, continued:
7:50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance to
the Zoning Ordinance, Article XXIII, Section 100-231 A, for
permission to construct an 8 ft. fence in front yard area.
Fence in .the front yard area not to exceed 4 ft. in height.
Property Location: 34655 Main Road, Orient, County Tax Map No.
1000, Section 019, Block 01, Lot 5 & 6.
7:55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception
to the Zoning Ordinance, Article III, Section 100-31 C. 9 (E) ,
for permission to install an off-premises sign. Property
Location: 43600 County Road #48, Southold, County Tax Map No.
1000, Section 063, Block 01, Lot 1. 6.
8:00 p.m. Appl. No. 3943 - GREG' S SEAFOOD DOCK & MARKETING,
INC. Special Exception to the Zoning Ordinance, Article III A,
Section 100-30 A.2 C( 1) ( 100-31C) , for permission to construct
an off-premises sign. Off-premises signs are not a permitted
use in this district. Property Location: 69435 Route 48 & 55
Sound Road, Greenport, County Tax Map No. 1000, Section 35,
CBlock 1, lot 8.
8:05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to
the Zoning Ordinance, Article III, Section 100-30, for
permission to set up a temporary tent for cultural events.
Proposed tent doesn't address this condition in A-C Zone
District. Property Location: 18910 County #48, Cutchogue,
County Tax Map No. 1000, Section 096, Block 04, Lot 4.3 .
8:10 p.m. Appl. No. 3929 - VINCENT ANNABEL. Special
Exception to the Zoning Ordinance; 'Article III, Section 100-31,
for permission to have an accessory apartment. Property.
Location: 4300 Stillwater Avenue, Cutchogue, County Tax Map No.
1000, Section 137, Block 2, Lot 21.
8:15 p.m. Appl. No. 3932 - MATHIAS AND MAUREEN MONE.
Variance to the Zoning Ordinance, Article XXII, Section
100-239.4 A, for permission to construct a swimming pool,
Proposed construction will be within 100 ft. of Long Island
Sound Cliff. Property Location: 2830 Grandview Drive, Orient,
County Tax Map No. 1000, Section 014, Block 02, lot 3.5.
8: 20 p.m. Appl. No. 3939 - GEORGE SCHNEIDER. Variance to
the Zoning Ordinance, Article III, Section 100-32, for
permission to construct a one family dwelling, Bulk, Area and
Parking Regulations and insufficient sideyard setback. Property
Location: 800 Sterling Road, Cutchogue, County Tax Map No.
� ' 1000, Section 104, Block 01, Lot 29.
Page 3 - Agenda
Regular Meeting - May 15, 1990
Southold Town Board of Appeals
I . PUBLIC HEARING, continued:
8:25 p.m. Appl. No. 3932 - ROBERT GREDICK. Variance to the
Zoning Ordinance, Article IIIA, Section 100-30A.3, Article IIIA,
Section 100-30A.4 (100-33) , for permission to construct addition
to dwelling and accessory garage in front yard area. Proposed
construction will have insufficient front yard setback and
accessory buildings may be located in the required rear yard.
Property Location: 7825 Nassau Point Road & Clearwater Lane,
Cutchogue, County Tax Map No. 1000, Section 118, Block 04, Lot
06.
8:30 p.m. Appl. No. 3931 - JOSEPH SHIPMAN. Variance to the
Zoning Ordinance, Article X, Section 100-102, for permission to
institute a second business, Bulk, Area and Parking
Requirements. Property contains less than required business
area. Property Location: 6619 Main Road, Laurel, County Tax
Map No. 1000, Section 125, Block 01, Lot 19.7 .
8:35 p.m. Appl. No. 3942 - DAVID' & MARY ANN CREATO.
Variance to the Zoning Ordinance, Article III, Section 100-31
(A) 1, for permission to have a second dwelling, only (1) family
C 1 dwelling permitted on each lot. Property Location: 3539 (ROW)
Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106,
Block 08, Lot 51.
8: 4.0 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS.
Variance to the Zoning Ordinance, Article IIIA, Section
100-30A.3, for permission to construct a one family dwelling.
Proposed construction will have insufficient front yard
setback. Property Location: 1300 Lake Drive, Southold, County
Tax Map No. 1000, Section .59,' Bl6ck 1, Lot 21. 6 & 21.7 .
8:45 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to
the Zoning ordinance, Article XXIV, Section 241A, (Article
XXVII, Section 100-281 (3) , as disapproved, for permission to
construct additions and alterations to garage with apartment.
Garage living quarters has been dormant . long enough to loose its
non-conforming status and the use thereof. Property Location:
East End Road, Fishers Island, County Tax Map No. 1000, Section
03, Block 07, Lot 05.
8: 50 p.m. Appl. No. 3938 - VILLAGE MARINE. Variance to the
Zoning Ordinance, Article XII, Section 100-112, Article XII,
Section 100-111(C)1, Article XXIII, Section 239. 4, for
permission to enlarge preexisting marina building and install
boat rack (outside) . Property Location: 175 Bay Avenue,
Mattituck, County Tax Map No. 1000, Section 122, Block 03, Lot
15.1.
ti.
Page 4 - Agenda
Regular Meeting - May 15, 1990
Southold Town Board of Appeals
II. RESOLUTION determining N.Y.S. Environmental Quality Review
Act status on the following
Type II Actions (no further SEQRA action required) :
(a) Appl. No. 3940 - Harold & Sara Taubin
(b) Appl. No. 3937 - Patrick Lohn
(c) Appl. No. 3935 - JCM Sales and Leasing
(d) Appl. No. 3934 - Joylon Stern
(e) Appl. No. 3.933 - Pamela Valentine
(f) Appl. No. 3936 - Lucas Ford
(g) Appl. No. 3943 - Greg' s Seafood Dock & Marketing
(h) Appl. No. 3945 - Bidwell Wineries .
(i) Appl. No. 3929 - Vincent Annabel
(j ) Appl. No. 3932 - Mathias & Maureen Mone
(k) Appl. No. 3939 - George Schneider
( 1) Appl. No. 3932 - Robert Gredick
(m) Appl. No. 3931 - Joseph Shipman
(n) Appl. No. 3942 - David & Mary Ann Creato
(o) Appl.- No. 3941 - Constantine Georgipoulos
(p) Appl. No. 3911 - Walter Rafferty
(q) Appl. No. 3938 - Village Marina
III . DELIBERATIONS/DECISIONS (possible)
(a) Appl. No. 3927 - Mark and Ellie Gordon
(b) Appl. No. 3908 - Inland Homes (Oschenreiter &
Lenceski)
IV. RESOLUTION approving Minutes of the following Meetings:
September 21, 1989
November 8, 1989
December 19, 1989
V. RESOLUTION, scheduling and advertising the following matters
for the May 30, 1990 Special/Regular Meeting.
(a) Appl. No. 3920 - A. Lios. Variance to the Zoning
Ordinance, Article XXIV,- Section 100-244, fro permission to
construct a deck addition to ehisitng pool. 1000-106-1-14.
(b) Appl. No. •3914 - Eva Halla. Variance to the Zoning
Ordinance, Article III A, Section 100-30 A.3, Article XXIV, .
Section 100-244, Article XXIII, Section 100-239.4, for
permission to construct a one family dwelling. 1000-083-01-01.
Page 5 - Agenda
Regular Meeting May 15, 1990
Southold Town Board of Appeals
V. RESOLUTION, continued
(c) Appl. No. 3895 - Robert and Ethelle Schroeder.
Variance for a reversal of building inspector for change of use
of land and existing building without obtaining a Certificate
of Occupancy. 1000-35-5-4.
(d) Appl. No. 3915 - Jordan' s Partners -Variance to the
Zoning Ordinance, Article VIII, 'Section 100-71, for permission
to construct office and retail stores.
(e) Appl. No. 3907 - Nicholas Aliano -*Variance to the
Zoning Ordinance, Article III A, Section 100-30A.'2 (Article XXV,
Section 100-253 A) for permission to construct a retail/ office
complex.
VI. COMMUNICATIONS - Written concerns from Moore & Moore, Re:
application of Michael Herbert to reopen the hearing of March
15, 1990.
COMMUNICATIONS - Written concerns from Charles Cuddy.-
Esq. , dated May 14, 1990 requests that the May 15, 1990 hearing
of Village Marine be postponed.
VII. MISCELLANEOUS
(a)_ The Board is awaiting payment regarding the
application of Gustave Wade for referral to Cramer, Voorhis &
Associates.
VIII. POSSIBLE EXECUTIVE SESSION: , ,
A. Regarding Personnel
B. Potential anticipated Article 78.
IX. UPDATES:
A. LEGISLATIVE COMMITTEE: Updates for the Board for .this
week' s meetings. NEXT LEGISLATIVE COMMITTEE DATE: Thursday,
May 24, 1990.
91
APPEALS BOARD MEMBERS i�� . Z "'-'; SCOTT L. HARRIS
Gerard P. Goehrin er, Chairman ' � .' '' Supervisor
Charles Grigonis, Jr.
Serge Doyen, Jr. Town Hall, 53095 Main Road
P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3927
Matter of MARK AND ELLIE GORDON. Variance to the Zoning
Ordinance, Article III, Section 100-33, as disapproved, for
permission to construct an accessory building to tennis court
located in front yard, accessories permitted in the rear yard
Area only. Property Location: Private Road #7, Fords Road,
Southold, County Tax Map No. 1000, Section 087, Block 01, Lot
18.4.
WHEREAS, a public hearing was held and concluded .on April
19, 1990 in the matter of the Application of MARK AND ELLIE
GORDON, under Appeal No. 3927; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of .fact:
1. The premises in question is located along the south
side of South Harbor Lane, hamlet of Southold, and is identified
on the Suffolk County Tax Maps as District 1000, Section 87,
Block 1, Lot 18.4.
2. This is an application for Variances from the Zoning
Code Article III, Section 100-33, as disapproved for permission
to construct an accessary building to tennis court located in
front yard, accessories permitted in the rear yard area only.
3. Article III, Section 100-33, In Agricultural-
Conservation District and Low-Density Residential R-80, R-120,
R-200 and R-400 Districts, accessory buildings and structures or
other accessory uses may be located in the required rear yard.
Page 2 - Appl. No. 3927
Matter of MARK & ELLIE GORDON
Decision rendered May 15, 1990
4. The subject premises in question is improved with a
one story framed house and contains an area of 4.298 acres in
this R-80 Zone District, the proposed accessory structure will
be 55 X 24.
5. Also noted for the record under Appeal No. 3887 for a
tennis court in the front yard area. This Decision. was approved
conditionally on January 9, 1990.
6. In considering this application, the Board finds and
determines:
(a) that there is no other method for appellants to pursue
and placing the accessory building in any other location on the
premises will require other variance relief.;
(b) that the area chosen for the accessory building is not
unreasonably located;
(c) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town; .
(d) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly on motion by Mr. Goehringer, seconded by Mr.
Dinizio, it was
RESOLVED, to GRANT a Variance in the matter of the
application of MARK & ELLIE GORDON as applied under Appeal No.
3927, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the accessory building with shower facilities
provide access into the facility by door or doors on exterior
wall of building only.
2. That the accessory building only be used for storage
purposes (excluding shower facilities) and that any lighting be
shielded only to the properly exclusive of the tennis court
facility which shall remain unlit.
Pagel - Appl. No. 3927
Matter of MARK & ELLIE GORDON
Decision rendered May 15, 1990
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Sawicki and Dinizio (Absent Serge Doyen) . This resolution was
duly adopted.
df
GERARD P. GOEHRINGER, CHAIRMAN
lop
APPEALS BOARD MEMBERS !i '' :.•! r',.� SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. _'=:�7� :•-r� ''�: a;' Town Hall, 53095 Main Road
Serge Doyen, Jr. ~ � i P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3908
Application of ROBERT OCHSENREITER and EDWARD LENCESKI.
variance for reversal of a building permit to construct a
one-family dwelling. Propsrty location: 565 Bayer Road,
Mattituck, NY; County Tax Map No. 1000, Section 139, Block 3,
Lot 1.4. -
At a Meeting of the Southold Town Zoning Board of Appeals
held on May 150- 1990, the following action was taken:
WHEREAS, public hearings were held on February 1, 1990,
March 29, 1990 and April 19, 1990 in the Matter of the Appli-
cation filed under No. 3908;
WHEREAS, at said hearings all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have carefully considered -all
-astimony and documentation submitted concerning this application;
and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its .present and previous
zoning classifications, and the surrounding areas; and
Page 2 - Appl. No. 3906
Application of Ochsenreiter & Lenceski
Property Owner: Inland Homes, Inc.
ZBA Decision Rendered May 15, 1990
WHEREAS, the Board made the Following Findings of Fact:
JURISDICTION OF THE BOARD OF APPEALS
1. One of the first issues raised in this matter is whether or
not this Board has jurisdiction based upon the timing of the filing of
this application for a reversal of a building permit issued by the
building inspector under Permit No. 18:'55 on August 8, 1989 and/or
concerning construction commenced under said permit .approximately
five to six months late (above ground construction) :
2. Some of the past applications considered and decided by this
Board have included requests for a reversal (or otherwise related to
an improper building permit or improper construction related under
a building permit) based upon written determinations or action of a
Building Inspector, including but not limited to determinations under:
(a) A building permit issued by the inspector which were
issued months before and were still pending during the processing of
a review of this Board, and that either did not involve construction
or improvements under said building permit or did involve construction
or improvements under said permit, and as much as a year from the date
of issuance of the building permit (Article XXVIII, Section 100-281H
authorizes work to be "commenced within twelve months after the date
of issuance.") ;
(b) the guise of a building permit and which construction
was built (within a year from the issuance date of the permit) , and
which was built "in error" under the zoning code provisions and was
reviewed by the Board of Appeals for consideration of the nonconform-
ance under the zoning code;
(c) A building permit issued and late issued a stop work
notification by the building inspector to suspend all building
activities, pending a final determination (after review) by the
Board of Appeals;
(d) A determination, requirement, order, or decision made
by the building inspector (in addition to other reviews conferred by
law) - (Reference: Article XXVII, Section 100-271 - Powers and Duties
of the Board of Appeals) .
Page 3 - Appl. No. 3906
Application of Ochsenreiter & Lenceski
3. The following time periods are submitted for the record
concerning the application .for building permit: under review, and
activities related thereto:
(a) Application filed August 2, 1989, ( issued on August 8,
190for the construction of a 26 ' x 40' deep dwelling- (envelope)
with sideyards at 14' and 10' with handwritten notation ". . .as per
Building Zone Ordinance 1966 Section 307, sideyards" (reverse side, --
page two) .
(b) Building Permit No. 18355Z issued August 8, 1989
concerns premises referred to as "565 Bayer Road, Mattituck, New
York, County Tax Map No. 1000, Section 139, Block 3, Lot 14, "
owned by Richard Garcia, who later sold the land as a vacant
plot-on October • 2, 1989 to Inland Homes (see Deed at Liber 10950
page 172) .
(c) on or about August 30, 1989 excavation started and
on August 31, 1989, forms for a' foundation were placed.
(d) by letter dated October 18, 1989, an attorney for
neighbors residing in the immediate vicinity notified the Southold
Town Attorney's Office of the circumstances of the subject land
as a merged parcel, and questioned the validity of .the vacant land _
as a separate buildable parcel for a new dwelling;
(e) shortly after this letter was sent to the Town
Attorney, the media was made aware through the local newspapers
published in the Township that a review was being made by the
Town Attorney's Office as to the validity of the subject• building
permit and the vacant land conditional Certificate of Occupancy
also issued during 1989;
(f) On December 11, 1989, the Town Attorney replied by
.letter indicating the results of his review, opinionating that
the Code does not show a clear legislative intent by the Town
Board,. although final interpretation rests with the Board of
Appeals both under the Town Code and Town Law. At no time did
an interpretation request be made through the Board of Appeals
by any person or representative; and the Town Attorney's written
response dated December 11, 1989 was not furnished to the Board
of Appeals (until January 19, 1990 - the time of the filing of
this application under Appl. No. 3908) . Jurisdiction concerning
Page 4, - Appl. No. 3906
Application of Ochsenreiter & Lenceski -
ZBA Decision Rendered May 15, 1990
interpretations is with the Board of Appeals (see Article XXVII,
Section 100-271D of the Zoning Code of Southold Town) .
(9) It is understood that during the first week in
January, 1990 the foundation was :prepa'red & on January 8, 1990, the
foundation backf illed.
(h) The next day (January 9, 1990). certified-mail `
notices were sent to the adjacent property owners and to the owner
of this parcel (Inland Homes, Inc.) and his attorney, -.)of notifica-
tion and intent to file this Petition to the Board of Appeals;
(i) On January 15, 1990, deck framing was started;
(j) On January 19, 1990 the Petition and accompanying
papers were filed with the Southold Town Clerk and Board of Appeals;
(k) On January 23, 1990 a written memorandum was delivered
��
to the Building Inspector requesting that a stay be issued concerning.
the construction" until this Board of Appeals ' application has been
decided upon and further requesting his presence at a hearing of the
Board to be held February 1, 1990 at 8:15 p.m. (together with delivery
of copies of documents pertinent to the file) ;
(1) On January 26, " 1990 the Building Inspector responded
to the Board- of Appeals ' memorandum and suggested that the Board, at
this point, "get in touch with the Town Attorney's Assistant to be
brought up-to-date"on events which have taken place to this point, " "
and confirmed that a representative from the Building Department will '
be present at the Board's February 1, ' 1990 hearing;
(m) On February 1, 1990 the Building Inspector was personally
. served with copies of the Notice of .Petition with Exhibits filed with
and under consideration .by the Board of Appeals;
(n) On February 1, 1990 the first of three hearings were
held by the Appeals and Zoning Board, at which time the question of
jurisdiction of the Board of Appeals was discussed at length between
the attorney for the property owner, the Board of Appeals members,
and the applicant (s) . The hearing was recessed to another date in
order to consult with legal counsel. Before continuing with the other
two hearings, it was deemed to be appropriately within the jurisdiction
of the Board of Appeals; that the application was timely made, having
been filed within 15 to 20 days of the construction of the foundation,
filed approximately 20 days after the above-ground construction was
commenced, and filed within the period' of time that the subject build-
ing permit was pending, all of which are not unreasonable time periods
based on past precedents and practices of this Board.
(. ^C U Y
Page 5, - Appl. No. 390b
VApplication of Ochsenreiter & Lenceski
ZBA Decision Rendered May 15, 1990
REQUESTS UNDER Z.B.A. APPLICATION
4. By application No. 3908 filed January 19, 1990, the follow-
ing requests are under consideration:
(a) Reversal of determination of building inspector in
granting Permit No. 18355 for the reason that the property upon
which the new dwelling is to be constructed is not a buildable lot
and has not been held in single and separate ownership since
April 9, 1957 as required by Article XXIV, Section 100-281A (7) , etc.
(b) Reversal of determination -of building inspector in
granting Permit No. 18355 for the reason that the property does not
conform to Article IIIA, Section 100-30A (3) and Bulk Schedule of
the Zoning Code as to the minimum requirements for lot area, width
and depth;
(c) Reversal of determination of building inspector in '
granting Permit No. 18355 for the reason that the property in ques-
tion does not conform to the Bulk Schedule requirements in this A-40
Zone District and does not comply with the requirements of Article
XXIV, Section 100-244 of the Zoning Code as applies to nonconforming
lots legally in existence as of the date of that section (adopted on
or about February 15, 1989) ;
(d) Reversal of Vacant Land conditional Certificate of
Occupancy dated November 28, 1988 issued to Leonard F. and Ave Maria
Spano (#Z17543) for the subject premises described as "505 Bayer Road,
Mattituck, NY, County, Tax Map #1000-139-3-36, Map of Mattituck Heights
Lot 36) .
GENERAL HISTORY 1957 THROUGH 1989
5. On July 24, 1935 and prior to the enactment of zoning in
Southold Town, the Map of Mattituck Heights was filed with the
Suffolk County Clerk. The subject parcel, referred to as Lot #36, is
shown on this 1932 Map as a 50' wide by 150 ' deep lot.
la ✓
,Page 6 - Appl. No. 3908
Application of Ochsenreiter & Lenceski
ZBA Decision Rendered May 15, 1990
GENERAL HISTORY (continued)
6 . On April 23, 1957 the Southold Town Zoning Code and Zoning
Maps were adopted, and from that point in time up until November 1971,
the subject premises :
(a) was locatedin. the A-Residential/Agricultural Zone
District, requiring a minimum lot size of 12,500 sq. ft. per lot; and
(b) was included in the "Excepted List of Subdivisions"
which excepted certain subdivisions from the minimum lot size
requirements . (Map of Mattituck Heights of 1932) included) ;
7. During 1971 the zoning code and zoning maps were amended,
and lots located in the A•-Agricultural/Residential Zone District were
required to meet a minimum of 40,000 (instead -of 12,500) sq.- ft. for
construction of a new dwelling. Also in 1971, the "Excepted List -of
Subdivisions" (Article I, Section 100-12) was modified, deleting the
subject Map of Mattituck Heicrhts, and, including but not limited to,
adding others. It is noted that many other subdivisions preexisting
of the zoning code which were also not town approved were not added
to the "Excepted List" (examples are: Peconic Bay Properties Inc. ;
Reydon Shores of 1936; Founders Estates of 1927, etc.) .
8. In March 1983 the minimum lot size requirements was increased
from 40,000 to 80,000 sq. ft. per lot, and again the "Excepted List
of Subdivisions" at Article I, Section 100-12 was modified, and again
the Map of Mattituck Heights was not included.
9. During 1989, the Zoning Code and Zoning Maps were amended,
changing the zoning of the subject parcel from "A" (80,00.0) to "R-40"
(40,000 sq. ft. minimum) . There was no change at this''time in the
"Excepted List of Subdivisions" at Section 100-12; the Map of Mattituck
Heights and other similar subdivisions (filed prior to zoning/1957) .
10. At no time during the period from November 1971
June 26, 1989 was there filed any record to show •an intent to reseparate
the subject merged parcels. The record is clear that the merger
of the property (35&36)for this 18-year period remained unchanged.
Page 7 - Appl. No. 3908
Application of Ochsenreiter & Lenceski
ZBA Decision Rendered May 15, 1990
PRIOR ZONING APPEALS RECORD
10. There is no •record of any prior application to the
Southold Town Board of Appeals concerning a reduction in lot '
area or width or the set-otf of this parcel from the adjoining
parcel.
11. The division of any `lot of a size 15,000 sq. ft. into two 7,500 sq. ft. lots has required -consideration (s) from the
Board of Appeals since the adoption of the- zoning code and zoning
maps in 1957 to the present time ( precedents in Town
building department records and zoning board of appeals ' records) .
gTSTORV OF CHANGES OF OWNERSHIP
1945 - 1989
12. The subject property (referred to as Lot No. 36 on the Map
of Mattituck Heights) was acquired by Paul and Helen Bittner by
deed at Liber 5867 page 188 on November 19, 1965. The adjoining
property (referred to as Lot No. 35) was also acquired by Paul and .
Helen Bittner on September 5, 1945. (Approximately a year after the
second parcel was acquired in common ownership, the Town Board
adopted an "Excepted List of Subdivisions" and included Mattituck Heights.)
13. On April 11, 1972, both Lot� Nos. 35 and 36 were conveyed
by single deed to Leonard and Ave Spano by deed at Liber 7140 cp 32.
On this date, Lot No. 35 remained vacant land; and having been in
common ownership together with the adjoining land (No. • 36) , for. a
total combined lot area of 15,000 from April 11, 1972 until June 26,,
1989. Although the common ownership of the two contiguous Lot Nos. 35
and 36 merged the property into one nonconforming 15,000 sq. ft. lot
with an existing one-family dwelling constructed thereon, there was
no intent by the town or by the owners of this property during these
18 years to legally divide or set-off 7,500 sq. ft. (50 ' x 150 ' ) for
the future construction of another dwelling. All the amendments of
the zoning codes are clear that only one dwelling is permitted per
legal lot in the A and RZ40 Residential Zone District.
Page 8 - Appl. No. 390C '
-Application of Ochsenreiter & Lenceski
ZBA Decision Rendered May 15, 1990
CERTIFICATES OF OCCUPANCY OF RECORD
14. Furnished in the record are the following Certificates of
Occupancy:
(a) Certificate of Occupancy (Pre-C.O.) issued March 1, 1972
by Building Inspector H. Terry certifying that the adjacent "building
located at Bayer Road, Mattituck Hts. Lot No. 35 and 36 . . .conforms
substantially to the requirements for one-family dwelling & housing
code built prior to April 1957 . . .and conforms to all of the require-
ments of the applicable provisions of law . . .issued to Mr. and Mrs.
Paul Bittner, Owners. . . House 41505 inspected February 29, 1972. . . . 11
(Lot No. 35 and 36 combined as noted therein totalled 15,000 sq. ft.
in lot area) .
(b) Certificate of Occupancy (vacant land) issued Novem-
ber 28, 1989 by Building Inspector Vp Lessard .concerning •House
0505 Bayer Road, Mattituck stating the following:
" . . .M/O Mattituck Heights Lot 36 conforms substantially
to the applicable provisions of the Zoning Code. . .
premises are located in the 'A' Residential Agricultural
Zoned District. . .YOU ARE HEREBY NOTIFIED that the above
referenced lot may be built upon only after the issu-
ance of a building permit and compliance with the
following requirements . . . (1) That the lot is held
in single and separate ownership and has been held so
prior to the adoption of any amendments to our Town -
Zoning Ordinance which may have increased the require-
ments for lot width ot' area, or may have amended front,
side . . .setback requirements . . . , (6) That the Board
of Zoning Appeals approval has been obtained. . . .
(Emphasis added)
15. It is also noted for the record that:
(a) the 1972 Pre C.O. was not a vacant land certificate and
made reference to the dwelling as existed on both lots (35 & 36) at
.505 Bayer Road; the total combined area is 15, 000 sq. ft.
(b) the 1989 Certificate of Occupancy is a vacant land
conditional certificate making references to: (1) #505 Bayer Road,
(2) the condition that Board of Appeals approval be obtained,
(3) the condition that a search be filed to show that the lot was
either a single and separate lot or otherwise, and which search was
not furnished as required,.
_ Page 9 - Appl. No. 39u8
Application of Ochsenreiter & Lenceski
Decision Rendered May 15, 1990
BUILDING PERMIT TIME PERIOD FROM
AUGUST 1, 1989 TO THE PRESENT
16 . There is no other record, to the best of this Board's
knowledge, that there ever was any building permit .filed or issued
for the construction of a new (or second) dwelling on this tract
of land (36) .
`
17. The only building permit of record for a new dwelling
as issued on August 8, 1989 was granted based upon an incomplete
application form concerning premises at "565 Bayer Road. " Questions
45, 6, 7, 10, 11, 12, 13, . 14 and 15 were left blank; however, sketched
was a diagram indicating a proposed building envelope on a 50 ' x
150 ' rectangular tract of land with setbacks.
LACK OF APPROVAL(S) FROM THE TOWN
OF SOUTHOLD FOR THIS PARCEL AS
A SET-OFF DIVISION OF LAND
18. No information has been furnished for the record to show
that an application is now pending or was previously made and
approved to re-separate the tracts of land referred to as Lot
Nos. 35 and 36 on the preexisting (1932) Map of Mattituck Heights
to the Southold Town Planning Board; and- upon information and belief,
no action was taken by the Town Planning Board to approve or other"
wise sanction this tract as a 7,500 sq. ft. lot in a grandfather
or exemption clause separate and apart 'from the adjacent merged
tract, also a 7,500 sq. ft. tract.
19. No action was taken by the Town Board from 197T to the
present time in the Town Code to approve or authorize an exemption
or grandfather clause comcerning this preexisting Map of Mattituck
Heights, or Lot No. 35 and 36 as separate tracts .of land.
BUILDING INSPECTOR - BUILDING PERMIT APPLICATIONS
ADMINISTRATION AND ENFORCEMENT
20. Article XXVIII, Section 281 of the Zoning Code clearly
Provides that " . . .No building permit shall be issued unless the
proposed construction or use is in full conformity with all the
provisions of this chapter and the provisions of all other applicable
laws, ordinances, rules and regulations . Any building permit issued
in violation of the provisions of this chapter shall be null and void
and of no effect without the necessity for any proceedings, revocations
or nullification thereof; and any work undertaken or use established
' ^ l6I-
Page 10 - Appl. No. fib C y .
Application of Ochsenreiter & Lenceski
Decision Rendered May 15, 1990
pursuant to the issuance of a permit in violation of the provisions
of this chapter shall be invalid. . . . "
21. Article XXVIII, Section 100-281A (7) also provides:
". . .A. Applications. Every application for a building
permit shall contain the following information. . . :
(7) An application for a building permit for
construction on a vacant lot which is not on an approved
subdivision map shall be .accompanied by a certified
abstract of title issued by a title insurance company
which shall show single and separate ownership of the
entire lot prior to April 9, 1957.
VARIANCES REQUIRED AT -TIME
OF ISSUANCE OF PERMIT
22. In considering many of the facts in this case, it is
apparent by this Board that the following areas of the zoning code
have not been appropriately addressed or applied for, and no authority
has been given to any other board, officer or employee of the Town of
Southold to waive or grant variances thereunder:
(a) insufficient lot area' (from 40,000 to 7,500 sq. ft. per lot)
(b) insufficient lot width (from 150 feet to 50 feet)
(c) insufficient lot depth (from 175 feet to 150 feet)
(d) insufficient side yard (from 15 feet to 14 feet)
(e) insufficient total sidevards (from 25. feet to 24 feet)
(References: Article IIIA - R40 Zone District, and Zoning Code Bulk
Schedule, etc.)
VALIDITY OF BUILDING PERMIT
23. Pursuant to Article XXVIII, Section 100-281 of the Zoning Code,
the subject building permit was issued- in violation of the zoning code,
as noted, supra, and the permit must be deemed to be invalid, null,
void and of no effect.
VAge 11 - Appl. No. 08 �!G
.Application of Ochse(�eiter & Lenceski
Decision Rendered May 15, 1990
OTHER CONSIDERATIONS
24. "In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this chapter
(zoning) or of any other regulations made pursuant thereto, in
addition to other remedies provided by law, any appropriate action
or proceeding, whether by local process or otherwise, may be
instituted or taken to prevent such unla.aEul ersction, construction
or reconstruction, alteration . . .maintenance or use or to restrain,
correct or abate such violation or to prevent the occupancy of
said building, structure or land or to prevent any illegal act,
conduct, business- or use in and about such premises. " (Reference:
'Zoning Code Article XXVIII, Section 100-28.6 - Remedies) (Emphasis added)
Z.B.A. DETERMINATION
25. It is the position of this Board that the permit in question
is and was not a valid permit since the permit was not issued in
conformity with certain provisions of the zoning code (Article XXVIII,
Section 100-281) including but not limited to the following areas
(see Findings of Fact, supra) :
(a) Nonconformance concerning several area regulations under
the Bulk Schedule (area, width, setbacks) ;
(b) Lack of town approval concerning the re-separation of the
northerly one-half from the southerly one-half of the subject land
as two separate 7, 500 sq. ft. lots (honing code and subdivision code
regulations) ;
71
(c) Lack of evidence concerning the requirements of the zoning
code as to proof of single and separate ownership and/or a deter-
mination and/or interpretation by the Board of Appeals, particularly
due to the substandards of the property, etc.
ACCORDINGLY, on motion by Mr. Dinizio, seconded by Mr. Goeh-
ringer, it was
RESOLVED, that the Building Permit referred to as #18355 is
HEREBY DETERMINED to be INVALID, thereby nullifying and voiding
the effects under said permit; and BE IT FURTHER
Page 12 - Appl. No. 3908
Application of Ochsenreiter & Lenceski
Decision Rendered May 15, 1990
RESOLVED, to GRANT the request under this Application for a
REVERSAL of determination by the building inspector in the
erroneous issuance of Building Permit No. 18355; _and BE IT
FURTHER
RESOLVED, that prior to issuance or re issuance of any
building permit, certificate of occupancy or otherwise, that
further application(s) be formally filed, through normal proce-
dures, for consideration by the Board -of Appeals, including but
not limited to the following areas of the zoning coda:
(a) insufficient lot area;
(b) insufficient lot width;
(c) insufficient lot depth;
(d) insufficient- sideyard setback at the easterly side;
(e) insufficient total sideyards;
(f) such other and further relief as may be deemed necessary
under the zoning code (such as excessive lot coverage, etc.)
Z. .GERARD P. GOEHRINGEVEALS
AIRMAN
FOR THE BOARD OF A BY
ITS MAY 15, 1990 ACTION
r+ .
LS BOARD MEMBERS t`.r',e ;� ►-n > SCOTT L. HARRIS
,,�� :..... , Supervisor
Gerard P. Goehringer, Chairman '�-
Charles Grigonis, Jr.
Serge Doyen, Jr. o-. n! Town Hall, 53095 Main Road
P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May, 15 , '1990 .
S.E-O.R.A. - .
TYPE II ACTION DECLARATION
Appeal No. 3940
Project/Applicants: Harold. Taubin
County Tax Map No. 1000- 65-1 -23
Location of Project: 625 Terry Lane , Southold , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to construct an accessory building in the front
yard area
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line- variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617.2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
�ALS BOARD MEMBERS d f.. �' + ! SCOTT L. HARRIS
', Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. �'=:�' ✓ :r
�° �. ,:-;r• Town Hall, 53095 Main Road
Serge Doyen, Jr. , P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS _ Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990 .
S.E.Q.R.A. _.
TYPE II ACTION DECLARATION
Appeal No. 3937
Project/Applicants: Patrick Lohn
County Tax Map No. 1000- 87=3-57
Location of Project: 2480 Minnehaha Blvd. , Southold , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to construct a storage shed and deck which will be
Cwithin 75 ft . of bulkhead
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area .or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved 'agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, -Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
PP
ALS BOARD MEMBERS �: �� "f SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis Jr. '' � '``
� ��-.. Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179 -
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990 `
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3935
Project/Applicants: JCM Sales & Leasing
County Tax Map No. 1000- 40-1 -11 . 1
Location of Project: 62825 CR 48 , Greenport , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct an accessory deck which will be within 1001. of
Long Island Sound
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
Project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617.2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at _(516) 765-1809.
me
.J1 ...
;ALS BOARD MEMBERS } , t� SCOTT L. HARRIS
SUpeIV1SOC
Gerard P. Goehringer, Chairman ,;,�
Charles Grigonis, Jr.
_•.� �'--1✓ Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS . Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990
S.E.n.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3934
Project/Applicants: Joylon Stern
County Tax 'Map No. 1000- 40-1 -13
Location of Project: 63035 CR 48 , Greenport , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct addition to one-family dwelling which is within
C100 ' of Long Island Sound
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
. excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as- an involved agency under SEQRA 617.2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold(516) 765-1809. , NY 11971 at
me
— � �C -
CAALS BOARD MEMBERS -y; t " ;;. " a ' SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman ` ~i
Charles Gri onis, Jr.
g Town Hall, 53095 Main Road
Serge Doyen, Jr. ' j P.O. Box 1179
Joseph H. Sawicki ;Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516)765-1809 TOWN OF SOUTHOLD May 15 , 1 9 90'telephone (516) 765-1800
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3933
Project/Applicants: Pamela Valentine
County Tax Map No. 1000- 19-2-5 & 6
Location of Project: 34655 Main Road , Orient , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to construct fence in frontyard area which exceeds
4 ' in height
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this. Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency. -
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information., please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
,ALS BOARD MEMBERS v • - + . SCOTT L. HARRIS
Supervisor
Gerard P. Goehrin er, Chairman
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki
'Southold, New York 11971
James Dinizio, Jr. BOARD OF. APPEALS
- Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990
S.E.n.R.A,.
TYPE II ACTION DECLARATION
Appeal No. 3936SE
Project/Applicants: Lucas Fold
County Tax Map No. 1000- :63-171 .6
Location of Project: 43600 CR 48 , Southold , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Erect an off-premise sign
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application, indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .211 .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
\ me
}[
Ir
ly
BLS BOARD MEMBERS � �;. . , e,
SCOTT L. HARRIS
° Supervisor
Gerard P. Goehringer, Chairman ,
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 7654800
May 15 , 1990 =
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3943 SE
Project/Applicants: Greg ' s. Seafood Dock and Marketing , Inc.
County Tax Map No. _ 1000- 35-1-8
Location of Project: CR 48 & Sound Rd. , Greenport , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to construct an off .premise sign .which is not a
permi-tted use in this district
This Notice is issued pursuant to Part 617 of the 1 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.
An Environmental Assessment (Short) Form has been submitted-
with the subject application indicating that no significant
adverse environmental effects are' likely to occur should be
project be implemented as .planned.
It is determined that this Board's area of jurisdiction' , .
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved .agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617.2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold,
(516) 765-1809. NY 11971 at
me
-ALS BOARD MEMBERS ! .. ^ SCOTT L. HARRIS
Gerard P. Goehringer, Chairman '�' �- Supervisor
Charles Grigonis, Jr. Town Hail, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3945
Project/Applicants: Bidwell Vineyards
County Tax Map No. 1000- 96-4-4. 3
Location of Project: 18910 CR 48 , Cutchogue , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to set up temporary tent for cultural events
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
. excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617.233 -
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
° ,6 i.
6`s ~F •r a.;:.: �_1.
.ALS BOARD MEMBERS :" "'. ►"+ SCOTT L. HARRIS
Supervisor
Gerard P. Goehrin er Chairman
Charles Grigonis, Jr. `_ Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki ,.
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
- Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , '1990 .
S.E.0.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3929 SE
Project/Applicants: Vincent Annabel
County Tax Map No. 1000- 137-2-21
Location of Project: 4300 Stillwater Ave . , Cutchogue , NY
A
Relief Requested/Jurisdiction Before This Board in this Project:
Construct alterations for an accessory apartment
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
_adverse environmental effects are likely to occur should be .
project be implemented as planned.
It is determined that. this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617.233 -
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1.809.
me
WEALS BOARD MEMBERS SCOTT L. HARRIS
•` %i� 1�
y Supervisor
Gerard P. Goehringer, Chairman
w�
Charles Grigonis, Jr. 1 4 :$
-: Town Hall; 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki
James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971
_ Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990
S.E.Q.R.A.
TYPE II ACTION DECLARATION _
Appeal No. 3932
Project/Applicants: Mathias & Maureen Mone
County Tax Map No. 1000- 14-2-3. 5
Location of Project: 2830 Grandview Dr. , Orient , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct swimming pool within 100 ' of Long Island Sound
C '
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
-concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
' ALS BOARD MEMBERS 1. F, � SCOTT L. HARRIS
3' Supervisor
.., _ pe
Gerard P. Goehringer, Chairman '
A5
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki r Southold, New York 11971
James Dinizio, Jr. _ BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990
S.E.0.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3939
Project/Applicants: George Schneider
County Tax Map No. 1000- 104-1 -29
Location of Project: 800 Sterling Road , Cutchogue , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct one-family dwelling with insufficient sideyard
<Hy setback
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
- excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2ii .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
+a
ru
=� :mil LSrs-..•._�','�>---', �i:4
iALS BOARD MEMBERS ^' SCOTT.L. HARRIS
'-
;: Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. y_
n Town Hall, 53095 Main Road
Serge Doyen, Jr. — P.O. Box 1179
Joseph H. Sawicki ,
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990 -
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3923
Project/Applicants: Robert Gredick
County Tax Map No. 1000- 118-4-6
Location of Project: 7825 Nassau Point Rd. , Cutchogue , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct addition with insufficient front yard setback and
construct garage in front yard area
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me /
14
•� .. �_,,..',e�.:.. .►� is
LS BOARD MEMBERS }`� +-�+{. SCOTT L. HARRIS
+ Supervisor
Gerard P. Goehringer, Chairman ?.
Charles Grigonis, Jr. '• ail) . :�9�
3 Town Hall, 53095 Main Road
Serge Doyen, Jr.
� '. r P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
• Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3931
Project/Applicants: Joseph Shipman
County Tax Map No. 1000- 125-1 -19. 7
Location of Project: Main Road , Laurel , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Institute a second business on property
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that• this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
® m c
'a
IV
::- ALS BOARD MEMBERS j `-? r.i SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman '' ,.;' . ... `' ;'.^
Charles Grigonis, Jr.
Serge Doyen, Jr. ?; ,'. ;✓ Town Hall, 53095 Main Road
1.Lf P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS . Fax(516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May 15 , 1990
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3941
Project/Applicants: David & Mary Ann Creato
County Tax Map No. 1000- 106-8-51
Location of Project: 3539 (Row) Cox Neck Road , Mattituck , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to hay.e a second dwelling on property
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.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should project be implemented as planned. be
It is determined that- this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is -
-' excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617.2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me ;
MAY
TRUSTEES L. HARRIS
s +
John M. Bredemeyer, III, President A Supervisor
Henry P. Smith, Vice Presidenty .�' �� �
Albert J. Krupski, Jr. '0-� i Town Hall, 53095 Main Road
John L. Bednoski, Jr. P.O. Box 1179
Southold, New York 11971
John B. Tuthill BOARD OF TOWN TRUSTEES Fax (516) 765-1823
Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516).765-1800
S.E.Q.R.A.
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
APPLICATION NO. 3-2-90-59-01-21.6 & 21.7
NAME: Constantine Georgiopoulos
DATE: April 25, 1990
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review and 6NYCRR Part 617,
Section 617.10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the Southold Town Trustees, as Lead
Agency for the action described below, has determined that the
project will not have a significant effect on the environment.
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:
DESCRIPTION OF ACTION: Construct single family dwelling, sanitary
system, driveway , and place fill to meet requirements.
LOCATION: Lake Drive, Southold, NY, fronting un-named Freshwater
Wetlands.
Tax map No. 1000-59-01-21.6-& 21.7
. REASONS SUPPORTING THIS DETERMINATION:
1. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental assessment, submitted by the applicant and
reviewed and completed by the Board of Trustees, has indicated that
no significant adverse effects to the environment are likely to occur
should the project be implemented as planned.
cc: Planning Board, Bldg. Dept. , ZBA
NYSDEC, Army Corps of Engineers , CAC
�' r C
APPEALS BOARD MEMBERS ����'„ 4�;�:���;�� ,� _. SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. .":: , = •,-a +:�,
;,• , ;� Town Hall, 53095 Main Road
Serge Doyen, Jr.
Joseph H. Sawicki P.O. Box 1179
p Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
May, .15 ;.. 1990 .
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3938
Project/Applicants-. ' Village Marine
County. Tax Map No. 1.000..- 122-3-15 . 1
Location of Project: 175 Bay Ave .., Mattituck , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to enlarge marina building and install boat rack _.(outside )
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.
An Environmental Assessment (Short) Form has been submitted
With the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
oncerning setback, area or lot-line variances determines this
c
application to fall under the established list of Type II
Actions. Pursuant to Section 617. 2jj , this Department is
: excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617.2 ' '
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold,
( 516) 765-1809. NY 11971 at
me
Southold Town Board of Appeals Regular Meetings May 15 , 1990
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
Doreen Ferwerda
Board Secretary
9/
-RECEIVED AND FILED BY
THE, SOtJTHOLD TOWN CLEt'1K
DATE , J da HOUR 1 I :3OA 14-
d
Town Clerk, Town of Southold