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HomeMy WebLinkAbout3937 SCOTT L. HARRIS APPEALS BOARD MEMBERS ' t e '•.�-.y ' .� •'i.:�=' Supervisor Gerard P. Goehrin er, Chairman Charles Grigonis, Jr. ` 3 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3937 Matter of 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. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of PATRICK LOHN, under Appeal No. 3937; 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 east Side of Minnehana Boulevard, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 3, Lot 57. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239. 4 B, for, permission to construct a deck. Proposed construction will be within 75 ft. from the bulkhead. Page 2 - Appl. No. 3937 Matter of PATRICK LOHN Decision rendered May 30, 1990 3. Article XXIII, Section 100-239. 4 B, All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not, less than seventy-five (75) feet from the bulkhead. 4. The subject premises is vacant land with the exception of a accessory shed decision rendered July 6, 1977 under Appl. No. 2311. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this .application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief;. (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. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the Variance in the matter of the application of PATRICK LOHN as applied under Appeal No. 3937, __SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the approximately 13 X 25 deck not be elevated more than 12 inches from the bulkhead an remain unroofed, together with 5 X 12 deck extending perpendicular from proposed deck. 2. That the storage shed maintain the conditions as stated in the decision dated July 7, 1977 under Appeal No. 2311. Waage 3 - Appl. No. 3937 Matter of PATRICK LOHN Decision rendered May 30 Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis) . This resolution was duly adopted. df �k GERARD P. GOEHRINGER, CHAIRMAN YZECEIVED AND FILED BY THE SOUTHOLD TOWN CLERIC DATE 6/0/ld HOUR t a :,2-S� Town Clerl;, Town of Sou1L-1_o•1- APPEALS BOARD MEMBERS SCOTT L. HARRIS Co Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr.Serge Doyen, Jr. Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 New York 11971 Lames Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of -the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MAY 15, 1990, at the following times: 7 :30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN. 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. i Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 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 3 - Notice of Hearings Southold Town Board Regular Meeting of May 15, 1990 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(l) (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, Block 1, lot 8. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 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 100-311 for permission to have an accessory apartment. Property Location: 4300 Stillwater Avenue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. 8:1.5 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. Property Location: 2830 Grandview Drive, Orient, County Tax Map No. 1000, Section 014, Block 02, lot 3 .5. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 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. 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 1251, Block 01, Lot 19.7 . ?age 6 Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 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 dwelling permitted on each lot. Property Location: 3539 (ROW) r Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. 8:40 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, Block 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 there of . Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 03, Block 07, Lot 05. ; Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 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)l, 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. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated May 8, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda FORM NO.3 ,. ... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y: NOTICE OF DISAPPROVAL Date � P . . : . . . . . 19.c D / 7 PLEASE TALE NOTICE that your application dated � .��f. • �,; /l� 1 j for permit to � s�do ' Location of Property , , •?'//Gnij�f• . • • . •��,��,,,,�/� • - House No. Streer�.`��� • • G�i County Tax Map.No. 1000 Section . . -Hamlet . . Block . . .... . . . . . . . . . . Lot . . . Subdivision . . . . . . . . . . . . . . . . .. Filed Map No. .. Lot No. . . . . . is returned herewith and disapproved on the following grounds I �! .041 . . . . . . . . . . . . . . . ? • . . . . . . . . . . . . . .... . . . . . . . . . . . . . � -�- . . . . . . . . . ; iPj - • - . - • . . . . . . . . . . . . . . . . . . . . . . . : . : . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . 7' B• .. ldi- g Inspc- for RV 1/80 K D .. SCEIVED APR _ 2 1990 TOWN OF SOUTHOLD, NEW YORK IION AU91I119�INSPECTOR APPEAL NO. Southold Town Clerk DATE ...!?arch 23, 1990 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 2480 1 (We) ......PATRICK..Wo..LOHN................................of ...Minnehaha Blvd:. . ........ ............................. Name of Appellant Street and Number Southold New York ............................................................................. ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...... . WHEREBY THE BUILDING INSPECTOR DENIED TO PATRICK W. LOHN ................................................................................. Name of Applicant for permit of 2480 Minnehaha Blvd.,..........Southold ,, New York. . ........ ................... ........ .... .. .... .... Street and Number Municipality State (xx) PERMIT TO USE ( . ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..Minnehaha„Blvd. ...Southold„�„R-40................................. Street /Hamlet Use District on Zoning Map District 1000 Section 87 Block 3 Lot 57 Current Owner Patrick Lohn ....................................................... ......................:. Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIII Section 100-239.4B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( x}k 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 (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( request for a variance and was made in Appeal No. .. 2311.....................Dated ........V /E................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (xx) A Variance to the Zoning Ordinance is requested for the. reason that the proposed deck will be located within 75 feet of the bulkhead Form zB1 (Continue on other side) REASON FOR APPEAL Continued` fApflf it 'i •y � .. . I' � �a��i`J . I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the proposed deck and shed'would be on Minnehaha Blvd if the 75 foot set back was applied here 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 property is vacant land and will not have a house erected on it Applicants are only asking for a deck and storage shed on this parcel. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the spirit of the ordinance seeks to prohibit the erection of structures which would have an adverse environmental or aesthetic impact. Applicants proposal for a low profile , light weight swimming platform and storage shed would not effect the environment or character of the surrounding area and in fact, would enhance the beauty of the waterfront. STATE OF NEW YORK ) %` ss .. ..................... COUNTY OF SUFMLK ) Signature .Zq�� Sworn to this day of.............March................................. 19 90 ........................ Notary Public SANDRA NOVICK NOTARY PUBLIC,State of New York No,O1N04938313,Suffolk County Tom Expira: July 18, 1990 \I �,3 TOWN OF SOUTHOLD PR PERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT ;Z7 TV FORMER OWNER N E ACREAGE Y S R , , W Q TYPE OF BUILDING RES._ SEAS. VL. ��3 FARM COMM. I IND. CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS ✓ d _ — is !i are ,� L-o(-�►t 7 Q 111(22-' �' Y' �14 - - co nor AGE BUILDING CONDITION de, —�- NEW NORMAL BELOW ABOVE FRONTAGE ON WATER ' Farm Acre .Value Per Acre. Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 DOCK Tillable. 3 , I Woodland Swampland Brushland _ House Plot Total • -M I NrJ EHAHA PAR-` .5.9 PARC.EC. PA, RCF—L. 4's=:7 PAR."s LOR '�' ox _ 2 COVE SORT -4CIP r —7 0 A)'�W C— 4 p N—rd � J J � JJ �iJ�l I i � v - - _ S7- P 7 - oi DrrK VAN Pe K J9 CK n GiJ/11�E6Z._ {=• �� �5�77 - �7 T T�cs ! C .UR Y CREEK _N VJ C I NITY _ LA 13 PC _. FoPL -i , tics OF � O-r 7 Thomas T. , _ ;cVonn, Jr. -- Attorney at Law Post Office Box 827 Westhampton Beach, New York 11978 (516) 288-6500 Fax Number (516) 288-6546 June 19, 1990 Town of Southold - Town Hall 53095 Main Road PO Bolt 1179 Southold, New York 11971 Attention: Zoning Board of Appeals Re Application No. 3937 Patrick Lohn Gentlemen: This is a formal request for a clarification of the decision rendered in the encaptioned matter. The sketch plan submitted for the deck in question , which the Board had in front of them at the time of the meeting, and specifically discussed, shows a deck with a total dimension of 13 X 25 ( 13 X 14 +5 +6 ) . The submitted diagram also shows a small area of deck 12 X 5 on the north side of the shed. The verbal decision upon which the Building Department will rely, specifically shows a deck 13 X 14 . The verbali2ation of the submitted diagram is in error as it does not provide for the additional 11 feet ( 5 + 6 ) shown on the submitted diagram nor does It provide for the small 12 X 5 area in front of the shed. I would respectfully request the Board rewrite the description of the permitted deck to comply with the Plans submitted to the board, and allow for a 13 x 25 main deck and 5 x 12 deck area with step as shown on both plans reviewed by the Board. With every kind r Vim.... ordial y yFvIrT, THOMAS T. McVANWi, J . TTM:sn COUNTY OF SUFFOLK 0� D M 28 M •g , d�� PATRICK G. HALPIN SUFFOLK,COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 June 26, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Mathias & Maureen Mone 3932 ,! Patrick Lohn 3937 y Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (516)360-5192 c APPEALS BOARD MEMBERS c ? + SCOTT L. HARRIS 4 k 4 Supervisor. Gerard P. Goehringer, Chairman ' - Charles Gri onis, Jr. g 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 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 , ArticleXXIIl Section100-239. 4 B Variance from Determination of Southold Town Building Inspector, - Special Exception , Article , Section Special Permit Appeal No . : 3837 Applicant: Patrick Lohn Location of Affected Land: 2480 Minnehaha Blvd. , Southold , NY County Tax Map Item No . : 1000- 87-3-57 Within 500 feet of: Town or Village Boundary Line XX Body of Water. (Bay , Sound or Estuary) State or County Road , Parkway , Highway , Thruway M ' Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by, the County or for Which The County Has Established Channel Lines ,. or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: . Applicant is requesting permission to construct a deck within , 75 ' of bulkhead Copies of Town file and related documents enclosed for your review. Dated : June 21 , 1990 4e.. D-0. 7-71 %se ' CD 7r) CD I vr = S-JAC41— .—j co 40P AT: W APPEALS BOARD MEMBERS k -� , � ��y�- ►"cam SCOTT L. HARRIS Chairman .fix Supervisor Gerard P. Goehringer, �A t �- 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 9, 1990 TO WHOM IT MAY CONCERN: The Board of Appeals Regular Meeting will be held on TUESDAY, MAY 15, 1990 not as shown on the Legal Notice - Thursday, May 15, 1990. Very truly yours, Gerard P. Goehrigner, Chairman ZBA/df LEGAL N - 4WFIFO -L990 OTICES FOR May i� 1990 Meeting Sent out on or about George Schneider #3939 - George Schneider P. O. Box 1185 , Cutch6gue ,NY 11935 Peter Helinski for Harold Taubin #3940-1570 Pequash Ave . , Cutchogue for Robert Gredick #3923 Vincent Annabel , 4300 Stillwater AVe. ,. Cutchogue - #3929SE Ms . Pamela Valentine , 249 West 49th St. , . New York ,NY 10001 for #3933 Richard H. . Schaefer , Inc. , 117 West Bayberry Rd. , Islip , NY 1.1751 for Mone #3932 Joseph Berardino , 37 Avery Rd. , Woodbury ,NY. 11797. 'for JCM SAles & Leas_inq #3935 r Joseph Shipman , 985 Elijahs Lane , Mattituck for #3931 Environment East , . 3075 Indian Neck Lane ; Peconic ,NY 11958 for Stern #3934 /X Thomas T. McVann , Jr ,Esq . , P. O. Box 827 , Westhampton Beach ,NY 11978 for Lohn #3937 Charles Cuddy , Esq . , 180 Old Country Rd. , Riverhead ,NY .11901 for Village Marine #393 (Tho'=asMcCarthy , Pudge Corp . , P. O. Box 1145 , Southold ,NY 11971 for Lucas'1#3802S Land Use Co . , 2576 Sound Ave. , Baiting Hollow ,NY 11933 for Geo'g oWpo.o Qs„ 3941' Henry Raynor , P. O. Drawer A. ,. .Jamesport ,NY 11947 for Cre-.j -3942�v Paul Caminiti , Esq . , P. O. Box 992 , Southold , NY 11971 for Grreez!. � ea Food#3943 James V. Righter , 58 Winter St. , Boston , MA 02108 for Rafferty #3911 For Aliano (Pequash Commons ) #U07 Henry Raynor , P. 'O. Drawer A. , Jamesport , NY 11947 Nancy Sawastynowicz , 1100 Alvhs Lane , Cutchogue ,NY 11935 Karen J. Hage , Esq . , Wickham ,Wickham , Gressler , 0.0. Box 1424 , Mattituck 1194 Deborah Doty , Esq. , P. O. Box 1181 ,. Cutchogue ,NY 11935 _ 1 8:00 p•m: Appl.No. 3943 — GREG'S SEAFOOD DOCK & MARKETING,INC.Special Excep- __ don to the Zoning Ordinance,Arti- 8:35 p.m. Appl.No.3942- `N(Il'10E OF HEARINGS cle III DAVID&NOTICE IS HEREBY GIVEN, cle III 00_30.2sion to conC(I) MARY ANN CREATO. Pursuant to Section 267 of the Town critic[an off-premises sign. Off- Variance to the Zoning Ordinance, Article 100-31 A- La Code of the Town of premises signs are not a permitted t�o.h n ( )1.for Southold g g Permission the following hearings use.in this district..Property Loca-. dwelling,only1 f secon will be held by the SOUTHOLD don: 69435 Route 48&55 Sound ch)1 pr rty LLo TOWN BOARD OF APPEALS at a permitted.on ea Regular Meeting, at the Southold Road,Gr Section 35 Bty Tax 1 Lot cation: 3539 (ROW) Cox Neck Town Hall, Main Road,Southold, g Road.Mattituck,County Tax Map NY 11971; on TUESDAY, No. 1000 Section 106.Block 08, 15.1990,at the followingMAY 8:05 p m. Appl No. 3945 51. 7:30 o times: B DWELL WINERIES.Variance to 8:40 p m APP1 No.3941'p.m. D S A 3940— the Zoning Ordinance,Article III, CONSTANTINE GEORGIPOU- HAROLD AND SARA TAUBIN. Section 100-30,for permission to set _ Variance to the Zoning Ordinance,' up a temporary tent for cultural L� Variance to the Zonin nance,Article IIIA,Section �� Article III A.Section 100-30A.4 ;events.,Proposed tent doesn't.ad 30A.3,forpermisslan to�On 100- (100 33_for permission to construct dress this gondid to in oes Zone one family dwelling, construct a_ an accessory building in frontyard District. Property Location: 18910 '1wction will have Proposed con area Accessory buildings may be County#48,Cutchogue,County Tax. front located in the re y yard setback. Property required rear aid. Map No..1000,Seaton 096 Block 1300 Lake Drive,Southol Po'Southold, Location 625 Terry:bane, 04,Lot 4.3. Tax Map No.L 1000, Section nty Southold, County Tax.Map No. 8:10 p m .Appl. No. 3929 -- 1000,Section 65.Block 1 Lot 23. Block 1,Lot 21.6&217 , VINCENT ANNABEL Special Ex- 8:45 p;m,Appl. No 3911 C24 RICK LOHN No 3937— ception to the Zoning Ordinance, WALTER RAFFERTY. Va• HIV �ana°cth Article III,Section 100-31,forperthe Zonin nance to ning Ordmi ce, Article XXIII XXIV, g Ordapce. Article' mission to have an accessory apart_ Section , , rticlection 100-239�4 B,for permission '.men[Property Location:4300 Still- XXVII,Section 10 0-281 construct a deck.Proposed con- water Avenue, Cutchogue,County approved,for a 'as dts_uction will be less"than 75 ft.from ';`Tax Map No. 1000, Section 137, P rmrssion to construt[additions ad alteations to bulkhead. Property Location: Block 2,Lot 21. garage with apartment 80 Minnehaha Boulevard, 8.15 p.m. App1 No."3932 mg quarters lies Garage liuthold, County Tax Map No MATHIAS ANDMAUREEN: enou h' been dormant long 0,Section 87,Block 3,Lot 5 , MONE.'Variance to the Zoning g tO loose its non canfomting status and the-use there of.:40 p.m. Appl. No.3935 Ordinance,Article XXII, Section..; Location:East End Road. Fishers JCM SALES AND LEASING,Vari- 100-239.4:A,for permission to con Island,Count ance to the Zoning Ordinan%Aril struci s swimmin Y Tax Map No.,1000; g Pool.Pr Proposed Section 03,Block 07,Lot OS. . de XXIII,Section 239.4,far per-� Construction will,be within l00 ft 8:50 P.M. q mission to construct an accessory Yr. of,EPPI• No:3938 u la 11 up Lora _ VILLAGE MARINE.Variance t9 deck,proposed construction will be _ '� t the Zoning less than 100 ft from the top of the:. tier:2830 Grandview Drive Orient,` Ordnance,Article XII� .County Tax Map��o. IWO,.Section: Section 100-112,-;Article XII,Sea bluff. Property Location: 62825 tion.100-111 C l; North Road,Green -:014,Block 02,Lot 3.5. O Article XXIII; port,County Tax.- Section 239.4,for Map No. 1000,Section 40,Block 8:20 P.m. Appl. No. 3939 — enlarge re Permission to 01,Lot I I.I.• . GEORGE SCHNEIDER. Variance P s B marina hm7dinj and install boat rack(outside) prop.7:45 p.m. Appl. No. 3934 to the Zoning Ordinance,Article III, "erty Location: 175,Ba JOYLON STERN. Variance to the ;Section 100-32,for permission to . Mattituck, Count Y Avenue, Zoning Ordinance, Article XXIII, `construct a one family dwelling, Y Tax Map No: 'Bulk,Area and Parking Regulations 1000,Seaton 122 Block 03.Lo Section 100-239.4 A(1),for per- 15.1.., .., ,E mission to construct addition to one 'and insufficient sideyard setback. The Board of Appeals will At said family dwelling. Proposed con- Property Location: 800 Sterling time and place hear any struction will be less than 100 ft5b Road,Cutchogue,,County Tax Map sore or Y and ail from the the top of the bluff.Property No..1000,Section 104, Block Ol, ntattves desiring to be. Location: 63035 County Road 48, Lot 29: EBCh of the above matters i Greenport,Coupty'Tax Map No. 8:25 Written 0°mments may also be In p.m. Appl. No.`3932'=- ".`mttted prior to 1000.Section 40,Block 01,Lot 13. ROBERT GREDICK: Variance to `subject hea ' the Conclusion of the 7:50 P.M. Appl. No. 3933 — the Zoning Ordinance,Article IIIA, not start erg•Each hearing will PAMELA VALENTINE:Variance Section 100-30A.3,Article IIIA; clonal before time allotted.Addi_ to the Zoning Ordinance,Article Section 100-30A.4 (100-33),fo �efOryOm Presentation win be available if needed. For more XXIII.Section 100-231 A,for pet- permission to construct addition t ''`information, mission to construct an 8&fence in dwelling and accessoryplease ca11.765-,180g;garage i Dated May g,199U .: front yard area. Fence in the front front yard area. Proposed construe Yard area not to exceed 4 ft. in non will have insufficient front y THE SOUTHp RDER OF height.Property Location: 34655 " setback and accessory ma BOARD OFLD pwN Main Road,Orient,County Tax Map be located in the required-mar yard G APPEALS No. 1000,Section 019,Block 01, Property Location:7825 Nassa G ERARD E GOEHRINGER Lot 5&6. Point Road & Clearwater Lane w `" CHAIRMAN. 7:55 p.m. Appl. 14 3936 Cutchogue, County Tax Map No 6677_1TMy1� by Doreen Ferwerda LUCAS FORD. Special Exception 1000,Section 118.Block 04,Lot 06. to the Zoning Ordinance,Article III, 8:30 p.m. Appl.No. 3931 . .Section 100-31 C.9(E).for _ .JOSEPH SHIPMAN.Variance,to the perms aion to install ano -Zoning Ordinance,Article X.Sec- Property Location:43600 County . lion 100-102,for permission to in- Road#48,Southold, County Tax stttute a second business,Bulk.Area I �p Map No. 1000,Section 063,Block and Parking Requirements.Property Ol,Lot 1.6. contains less than required business) area Property Location:6619 Main Road,Laurel,County Tax Map No.' _ 1000,Section 125,Block 0l;Lot: 19.7. >.. _ signs are not a permit-rk use in Main Road,Laurel,County Tax this district.Proper) cation: Map No. 1000, Section-125, NOTICE OF HEARINGS lion ie Zoning Ordinance; 69435 Route 48 & Sound Block 01, Lot 19.7. .NOTICE IS HEREBY Article uI, Section 100-31 C.9 Road, Greenport, County Tax 8:35 p.m. Appl. No..3942 GIVEN, pursuant to Section (E)+for permission to install an Map No. .1000, Section 35, DAVID & MARY.- ANN 267 of the Town Law and the off-premises sign. Property Block 1, Lot 8. CREATO.Variance to the Zon- ' Code of the Town of Southold, Location: 43600 County Road 8:05 p.m. Appl. No. 3945- ing Ordinance,Article III, Sea the following hearings will be #48,Southold,County Tax Map BIDWELL WINERIES. Vari- tion 100-31(A)1,for permission held by the SOUTHOLD No. 1000,Section 063,Block 01, to have a second dwelling,only, TOWN BOARD OF APPEALS Lot 1.6r: ' ance to the Zoning Ordinance, Article III, Section 100-30, for (1)family dwelling permitted on at a Regular Meeting, at the 8:00 p.m.Appl. No. 3943 permission to set up a tem- each lot. Property Location: Southold Town Hall, Main GREG'S SEAFOOD DOCK&'' por'ary tent for,cultural.events. 3539 (ROW) Cox Neck Road,°. Road, Southold, NY 11971, on : MARKETING, INC. Special Proposed tent doesn't address Mattituck,County Tax Map No. ` TUESDAY, MAY 15, 1990, at Exception'to the Zoning Or& this condition in A-C Zone Dis- 1000,Section 106,Block 08,Lot the following times: nance, Article III A, Section, trict. Property Location: 18910 51.. , 7:30 p.m. Appl. No. 3940- 100-30 A.2 C(1) (100-31C), for County Road J748, Cutchogue, Appl No. 3941 :. : HAROLD AND SARA TAU- permission to construct an off- County Tax Map No. 1000,Sec- ' C O N S TA N T I N E :,BIN. Variance to the Zoning ." premises 'sign:", Off-premises.. . , tion 096, Block 04, Lot 4.3. 'GEORGIPOULOS.Variance to Ordinance, Article III A, Sec signs are not a permitted use in 8:10 p.m. Appl. No. 3929- the Zoning Ordinance, Article tion 100-30A.4(100-33)for per this district.Property Locations' VINCENT ANNABEL..Special IIIA, Section 100-30A.3,:for mission to construct an acces 69435. Route 48 &.55 Sound Exception to the-Zoning Ordir Permission to,construct,a:one sory building in frontyard area Road, Greenport,',County Tax nance,'°cArticle III, "Section v family dwelling::Propowd co , Accessory buildings may be Map' No. ;1000, Section 35, 100-31, for permission to have struction will have:insufficient ::• located in the required rear yard- 'Block''1, Lot 8: x,` ' an'accesso 8 artment.Proper- front yard setback: Property. ` - 'Pro'Property Location 625 Terry 8:05 " ` ry P' - p Y y p.m. . pp1. No. 3945 Location: >1300 Lake .Drive, : ..,Ixj ocwjga:,44300,Stigwater�,vi Lane, Southold, County Tax BIDWELL:WINERIES Vari-: nue, ,Cutchogue, County Tax .Southold,County Tax Map No. Map No. 1000, Section, 65, ance to the Zoning Ordinance Map No. ]000, Section 137, 1000, Section 59, Block 1, Lot Block 1, Lot 23. Article III, Section 100-30, fo Block 2, Lot 21. . 21.6&21.7..•f:: +'..;: 7:35 p.m. Appl. No. 3937- permission to`'set-ti- tem-m 8:15 p.m. Appl: No. 3932- 8:45 p.m,-,Appl. No. 3911� PATRICK LOHN. Variance to porary tent for cultural events: MATHIAS AND MAUREEN WALTER RAFFERTY. the Zoning Ordinance, Article Proposed tent doesn't address MONE.Variance to the Zoning Variance -to the Zoning O v XXIII,Section 100-239.4 B,for this condition in A-C Zone Dis- Ordinance, Article XXII, Sec- "dinance,Article XXIV;Section permission to construct a deck, trict. Property Location: 18910 tion 100-239.4 A,for permission 241A, (Article XXVII, Section Proposed construction will be County Road #48, Cutchogue, to construct a swimming pool. 100-281(3),as disapproved,for cl less than 75 ft. from the bulk- County Tax Map No. 1000,Sec Proposed construction will be . Permission to construct add*-, . lion 096 Block 04 Lot 4.3. tions and alterations to garage L head. Property Location: 2480 + + within 100 ft. of Long Island g g Minnehana Boulevard, 8:10 p.m. Appl. No. 3929-` Sound.Property Location:2830 with apartment. Garage living .' a Southold;County Tax Map No. VINCENT ANNABEL.Special Grandview Drive,Orient,Coun- quarters has been dormant long J 1000, Section 87, Block 3, Lot Exception to the Zoning Ordi ty Tax Map No. 1000, Section enough to lose its non- 57. nance, Article 1I1, Section 014, Block 02, Lot 3.5. conforming status and the use-:' 7:40 m. Appl. No. 3935- 100-31 for permission to ave p.m. Appl. No, 3939- Property P• PP + 8:20 "thereof.Pro ert Location:East JCM SALES AND LEASING. an accessory apartment.Proper- GEORGE SCHNEIDER. Vari- End Road, Fishers .Island.,; Variance to the Zoning Ordi- ty Location:4300 Stillwater Ave-i ance to the Zoning Ordinance;' County Tax Map No. 1000,Sec: nance, Article XXIII, Section nue, Cutchogue, County Tax Article 1I1, Section 100-32, for tion 03, Block 07, Lot 05 N 239.4, for permission to con-' Map No. 1000, Section 137, permission to construct a one 8:50 p.m..Appl. No.• 3938 p struct an accessory deck, pro- Block 2, Lot 2L family dwelling,Bulk,Area and VILLAGE MARINE. 'Variance,"" posed construction will be less 8:15 p.m. Appl. No. 3932 Parking Regulations and insuf- to the Zoning Ordinance,Art•= p than 100 ft. from the top of the MATHIAS AND MAUREEN f*cient sideyard setback.Proper- cle XII,Section 1007112,Artic bluff.Property Location:62825 MONE.Variance to the Zoning ty Location:800 Sterling Road, XII,Section 100-I11(c)1,Article'; North Road,Greenport,Coun- Ordinance, Article XXII, Sec,", Cutchogue, County Tax Mapes ,XXIII, Section.239.4, for per-' ' ty Tax Map No. 1000,Section 40 tion 100-239.4 A,for permission No. 1000 Section 104 Block 01 mission to enlarge-preexIisti Block 01, Lot 11.1. to construct a swimming pool. Lot 29• 1'4) marina building and install bo 7:45 p.m. Appl. No. 3934-:, Proposed construction will be 8:25 p.m.'Appl. No. 3932-• rack (outside). Property Local, JOYLON STERN. Variance to -within 100 ft. of Long Island: ROBERT GREDICK.Variance tion: 175 Bay Avenue, Matti- the Zoning Ordinance, Article Sound.Property Location:2830. to the Zoning Ordinance, Arti: tuck, County Thx ;Map, Np. J XXIII, Section 100-239.4 A(1), Grandview Drive,Orient,Coun-: cle IIIA,Section 100-30A.3,At- 1000,Section 122,Block 03,Lot, for permission to construct ad- ty Tax Map No. 1000, Section,' ticle IIIA, Section 100-30A.4 151 dition to one family dwelling. 014, Block 02, Lot 3.5. '•" (100-33),for permission to con- The Board of Appeals will at Proposed construction will be 8:20 p.m. Appl. No. 3939 struct addition to dwelling and ,p said time and place hear any and, less than 100 ft.from the top of GEORGE SCHNEIDER.Vari;• accessory garage in front yard iy. all persons or representatives de-. the bluff. Property Location: ance to the Zoning Ordinance,. area.Proposed construction will . siring to be heard in each of the' 63035 County Road 48,Green- Article III, Section 100-3.2, for. have insufficient front yard set- above matters. Written. com- port, port, County Tax Map 1000, permission to construct a one back and accessory building's ments may also be submitted Section 40, Block 01,-Lot 13. family dwelling,Bulk,Area and' may be located in the required prior to the conclusion of the . 7:50 p.m. Appl. No. 3933- Parking Regulations and insuf rear yard. Property Location subject hearing. Each hearing PAMELA VALENTINE. Vari- ficient sideyard setback.Proper 7825 Nassau Point Road & will not start before time allot4. ance to the Zoning Ordinance, ty Location 800 Sterling Road; Clearwater Lane, Cutchogue, ,• led. Additional time for your''. Article XXIII, Section Cutchogue, County Tax Map- 'presentation,will be available,;if 100-231A, for permission to No. 1000,Section 104 Block 01 i County Tax Map 4, Lot00,Sec P �+ + needed.For-more informatioir .. lion 118, Block 04, Lot 06. construct an.8 ft.fence in front Lot 29. ; : '' 1i lease call 765=1809 f .8:30 p.m:Appl: No. 3931 P yard area. Fence in the front " 8:00+p.m Appl. No. 3943 JOSEPH SHIPMAN.,Variance I Dated May,8, 1990 yard area not to exceed 4 ft.in GREG S SEAFOOD DOCK&, to the Zoning Ordinance,'Art) ' ". BY ORDER OF height., Property Loca'do.n MARKETING INC. Special le for �" { THE SOU THOLI) DOWN c X,, Section`100102 , J 34655 Main Road, Orient, Exception to'the Zoning Ordi xy , BOARD OF APPEALS.' J permission to institute a second GERARD P GOEHRINGER� County Tlix Map No. 1000,Sec nance, Article.III A, Section ; business,,Bu1k,Area and Park lion 019, Block 01; Lot 5 &6 100-30 A2 C(1).(100-31C), for-; ' ;,:CHAIRMA LUCAS FORD Special Except f permission to construct an o t ing Requirements con tams less than required business by Doreen Ferwerd remises sin _ Off- remi S. p I. area'. Prnnerty a'n�ar�n»•-�kto., -r._., w ..._.,.1X..:5/..10/90.(301 "-: L.r = T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.91N.Y. .11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free. tcq call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHR NGER CHAIRMAN dff A JUN-19`90 14:4� f-MC �.JNAN S18 2A'$ 8546 4645-U1 -- --� Thomas T, Mc1/onn, Jr. Attorney at Low Post Office Box 827 Westhampton Beach, New York 11978 (516) 288-6500 Fax Number (516) 288-6546 Jenne 19, 1990 Town of Southold Town Hall 53095 Main Road PO Box 1179 Southold, New York 11971 Attentions Zoning Board of Appeals e Application No. 3937 -a trick Bohn Gentle-men: This is a formal request for a clarification of the decision re�ndared in the encaptioned matter. The sketch plan subm,l " . ,=A for the deck in question , which the Board had in f on _ .;_if them at the time of the meeting, and specifically discussed, shows a deck with a total dimension of 13 X 25 ( 13 X 14 +5 +6 ) . The submitted diaarar, also shows a small area of deck 12 X 5 on the north _a of the shed, The verbal decision upon which the Buy ,: dlng Department will rely, specifically shows a dock i3 X 14 . The verbalization of the submitted diagram is in error as it does not provide for the additional 11 feet ; 5 + 6 ) shown. on the submitted diagram nor does It provide for the small 12 X 5 area in front of the shed. I would respectfully request the Board rewrite the description of the permitted deck to comply with the plans submitted to the board, and allow for a 13 x 25 main deck and 5 x 12 deck area, with step as shorn on boi ': °glans reviewed by the Board. With every kin ; r% 4 /Cnp�y�y,o r d ipa i y yours , 1HOMAS T. Mc !d. Ydi.(1YNf V ti T `�= sn 1 TOWN OF SOUTHOLD COUNTY OF SUFFOLK STATE OF NEW YORK 2 ro 3 ------------------------------------X Oe�C/ 4 TOWN OF SOUTHOLD 5 ZONING BOARD OF APPEALS HEARING 6 ------------------------------------X 7 Town Hall 8 53095 Main Road P.O. Box 1179 9 Southold, New York 11971 10 May 15 , 1990 11 7 :37 P.M. 12 J 13 14 B E F O R E 15 GERARD P. GOEHRINGER, 16 Chairman. 17 BOARD MEMBERS: 18 CHARLES GRIGONIS, JR. 19 SERGE DOYEN, JR. 20 JOSEPH H. SAWICKI 21 JAMES DINIZIO, JR. 22 23 ''' Doreen`'Ferwerda , Secretary to Board 24 25 1 5 2 Thank you for coming in. 3. The next appeal is in behalf of 4 Patrick Lohn. This is Appeal Number 3937 , 5 in behalf of Patrick Lohn. The legal notice 6 reads as follows : 7 Appeal Number 3937 , Patrick Lohn. 8 Variance to the Zoning Ordinance, Article 9 XXIII , Section 100-239 . 4B, for permission to 10 construct a deck. Proposed construction 11 will be less than 75 feet from the bulkhead. 12 Property Location: 2480 Minnehana Boule- 13 vard, Southold, County Tax Map Number 1000 , 14 Section 87 , Block 3, Lot 57 . 15 I have a copy of the sketch of the 16 site plan. The application before us is for 17 . . . it appears to be a 6 by 12 storage 18 building approximately 13 feet from . . . 19 referred to as a cove, but it is also a boat _ 20 slip similar to what is also cut in the 21 property on the other side and a deck of 13 22, by 14 which appears to be ground level 23 adjacent to the bulkhead. And a copy of the 24 Suffolk County Tax Map indicating this and 25 surrounding properties in the area. For the 6 ICJ 2 record, this lot is Parcel Number 57 . 3 Is there somebody that would like to 4 be heard in behalf of this application? 5 MR. McVANN: My name is Tom McVann 6 and I am an attorney here representing the 7 owners of the property who are here in the 8 front row, as well . 9 This case has a little bit of a 10 history to it. I don' t know how much the >> current Board is aware of . . Back in 1989, 12 the Board of Trustees inspected the site and 13 wrote a letter to the environmental 14 consultants saying they waived any further 15 review as long as he could get permits from 16 the Department of Environmental Conserva- 17 tion, which, in fact, were granted. 18. The Building Inspector issued a 19 permit to build a shed and the Lohns started 20 the shed, and when they came back to get the 21 building permit to complete the deck, 22 because they had let the winter go by, they 23 were told there was another variance 24 required. The variance from this body, 25 because it was left 75 feet from the 1 7 2 existing bulkhead. In fact , the lot is less. 3 than 75 feet wide from the road to the 4 water. 5 The lot has no building on it at all , 6. other than a little accessory building. 7 Whether or not the lot is a building lot in 8 modern times, I don' t know- But it 9 certainly is not a very substantial use for 10 this particular piece of property. 11 Mr. Lohn has a house across the 12 street and his children like to play on this 13 particular piece, and he would like to keep 14 his boat there. The reason that he wants to 15 build a deck is so that the children are not 16 on the ground. The grass won't grow 17 correctly there and there is dirt , and there 18 is nothing of any environmental value and he 19 wants to put a smooth wooden deck over it to 20 keep his kids clean in the summer. That is 21 why we are here. 22 THE CHAIRMAN: To answer your 23 question, at one time there was a question 24 of overlapping jurisdiction between the Town 25 Trustees and the Zoning Board of Appeals . Y.2✓5..:.? i ., .,.. _ . . .. ..fir. 1 8 2 It was at that particular time, that 's when 3 I say . . . and I am trying to give you some 4 timeliness involved here . . . I would say 5 between the last year there was a change and 6 basically what developed was the Zoning Board of Appeals had jurisdiction where 8 there was a bulkhead or some sort of 9 fragmentation of the bulkhead and the 10 Trustees had jurisdiction when there was no 11 bulkhead. So in this particular case they 12 were probably correct in granting a waiver, 13 notwithstanding the fact that the Zoning 14 Board of Appeals came in and had other 15 jurisdictions within the 75 feet . 16 MR. McVANN: I don't have any problem 17 with that. I appreciate your explanation. 18 You have to wonder. Mr. Lohn is amused that 19 it took 19 months from start to finish 20 between the agencies involved to keep his 21 kids off the dirt . 22 THE CHAIRMAN: Can I ask you two 23 questions? 24 MR. McVANN: Sure. 25 THE CHAIRMAN: The storage building 1 9 2 will only be used to store furniture or boat 3 related items? 4 MR. McVANN: That is correct. It 5 will have no electricity, no plumbing or g anything of that nature. 7 THE CHAIRMAN: The deck will remain g its present size, 13 by 14? 9 MR. McVANN: The size that is shown 10 is . . . 11 MR. LOHN: . . . on the sketch. Can I 12 come forward and show you? 13 The deck area will be roughly 13 by 14 14 to the little skirting in front of the 15 shed. I have it all staked out down. there. 16 I wasn' t sure if anybody got down there. 17 This little thing referred to as a cove is 18 what we use for the bathing area. There are 19 no boats kept down there or anything, and 20 the main reason we wanted to do the deck is 21 that is where the bulkheading comes in. 22 There is a lot of . . . as you know, 23 when you get a bulkhead you have a lot of 24 dripping going down and we are also afraid 4 25 the kids are going to stick their legs down 10 ill 2 We couldn' t get grass to grow. We didn' t 3 want to put chemicals and pesticides. We 4 worry about ticks and other stuff . We 5 figured a deck would be a nice compromise 6 for it . 7 The only problem right now, I can't g use the property the way it is until we can 9 get it finished. So, but as far as the shed 10 is concerned . . . because that is basically 11 storage. That's all it is going to be and 12 that has already been framed. I guess you 13 saw it when you were down there. 14 THE CHAIRMAN: Do you want to give me 15 a guesstimate of how much deck you are going. 16 to put on in front of the shed? We have to 17 reduce this to writing. I would hate like 18 heck to have the Board grant that and . . . 19 MR. LOHN: I hear you. I have it as 20 five feet in front and the reason I just . . . 21 it was just a subjective number so I 22 wouldn' t fall off when I opened the door. 23 The 14 is from the edge to here 24 (indicating) . This whole area here 25 measures approximately 25 feet (indicating) . r 1 11 2 I think it is . 3 MR. McVANN: Why don't you add a foot 4 to your guesstimate? 5 MR. LOHN: You've got six, five, and g 14. That 's 25 . I would have to say that is 7 where it is . 8 MR. McVANN: Why don' t we say 27? 9 MR. LOHN: Whatever it 's staked out 10 to be. 11 THE CHAIRMAN: We' ll make it 25, plus 12 or minus . 13 MR. LOHN: On the other . thing, on the 14 dimensions, we had to have the front of the 15 bulkhead redone and everything got moved 16 forward a foot . So all my great math went 17 out the window when that happened. Like I 18 said, it is since October 1988 it started. 19 It 's driving me crazy at this point. 20 THE CHAIRMAN: We apologize for this . 21 MR. LOHN: It wasn't you guys. The 22 Department of Environmental Conservation, I 23 blame it on them. As far as the deck is 24 concerned, it is going to be basically a 25 ground level type of structure. It is not f 1 12 2 going to be some humongous thing with steps . . 3 THE CHAIRMAN: You want to give me an 4 idea as to the elevation? 5 MR. LOHN: I would say less than a 6 foot, because what we are trying to do is 7 make the deck level with the entry door to 8 the shed and that has been framed. So 9 whatever that is, that is what it is going 10 to be, a flush fit, or else the carpenters 11 won't get paid. 12 THE CHAIRMAN: Very good. 13 MR. McVANN: Thank you. I certainly 14 don' t mean to complain, but you -are here 15 working. You put in your time to the 16 community. It is just unfortunate that 17 bureaucratic things can kind of grind along.. 18 In this case it did. 19 THE CHAIRMAN: I couldn' t agree with 20 you more. 21 Is there anybody else that would like 22 to speak in favor of the application? 23 Anybody that would like to speak 24 against? 25 Any question from the Board members? 1 13 2 Hearing no further questions , I make 3 a motion closing this hearing and reserving 4 decision until later. 5 MR. SAWICKI : Second. g THE CHAIRMAN: All in favor? 7 MR. GRIGONIS: Aye. 8 MR. DOYEN: Aye. 9 MR. SAWICKI : Aye. 10 MR. DINIZIO: Aye. 11 MR. LOHN: One last question for me. 12 When will you let me know? C 13 THE CHAIRMAN: The next meeting is 14 scheduled for the 30th. So hopefully, we 15 will deal with most of the issues tonight . 16 Call us on the 31st, the morning of the 17 31st . 18 Thank you, gentlemen, we appreciate 19 it . 20 The ext appeal is in behalf of JCM 21 Sales and Leasin The legal notice ads 22 as follows : 23 = - Appeal Number 351 J Sales and ; 24 Leasing. Var nce to the Zoning Or ' nance, 25 Art��XXIII , Section 239. 4 , for permiss '-on .- 1 90 2 MR. DOYEN: Aye. 3 MR. GRIGONIS: Aye. 4 MR. SAWICKI : Aye . 5 MR. DINIZIO: Aye. 6 (Time noted: 9: 27 p.m. ) 7 8 9 I , GAIL ROSCHEN, do hereby certify. that I am 10 an Official Court Reporter and that the foregoing 11 constitutes a true and accurate transcript according to my 12 official stenographic notes . 13 14 �f �dXIL ROSCHEN 15 Official Court Reporter 16 17 18 19 20 21 22 23 24 F 25 _ .. ! • .. .. r. .r;4 J......... /J1.3. y.ca.•.tc�•.is .. ..::>V -.n'xvah'i,+f..i2....i/..<]fJMT�Y�.. RRIE Owls v c' ��'..q w JSl'll. •J��Cs� SCOTT L. HARRIS APPEALS BOARD MEMBERS ., a 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 April 27, 1990 „ Thomas T. McVann, Esq. P.O. Box 827 Westhampton Beach, NY 11978 Re: Appl. No. 3937 - PATRICK LOHN (Variance) Dear Mr. McVann: This letter will acknowledge receipt of your application .for a variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the ouside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about May 15, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience -during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN GPG/df i o��FFOII�c�G o APPEALS BOARD MEMBERS n=+ SCOTT L. HARRIS • •� Supervisor Gerard P. Goehringer, Chairman Q O�- Charles Grigonis, Jr. ��1 `i►� 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. 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 within 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 - o Town Hall, 53095 Main Road �+0 • P.O. Box 1179 ' i�1 •�`a0 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3937, PATRICK W. LOHN DATE: APR I L 3, 1990 Transmitted is application for variance submitted by Thomas T. McVann on behalf of PATRICK W. LOHN together with plot plan; notification to adjacent property owners; Notice of Disapproval from the Building Inspector; form letter from the NYS DEC; letter from the Trustees; short environmental assessment form; Zoning Board of Appeals Questionnaire form; and Deed. Judith T. Terry Southold Town Clerk Thomas T, McMann, Jr. Attorney at Law Post Office Box 827 Westhampton Beach, New York � �978 (516) 288-6500 Fax Number March 29 , 1990 (516) 288-6546 Southold Town Hall Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of PATRICK W. LOHN Gentlemen: Please find enclosed the following: 1 . Notice of Disapproval from Building Inspector; 2 . Application in triplicate; 3 . Notice of Adjoining property owners form; 4 . Environmental assessment form ; 5 . Z .B.A. Questionnaire; 6 . Town Trustees approval letter and DEC letter that no permit is required; 7 . Copy of deed; 8 . Copy of the sketch for the proposed deck; 9 . $150 . 00 filing fee; 10 . Copy of authorization letter. If everything is in order please notify this office when this will appear of the agenda for the Zoning Board of Appeals . Please also contact this office if anything further is required. With every kind regard, I am .�Z.o.u-r-e� . �ordiall� y THOMAS T. McVANN,JR. TTM:bjm Encl . Thomas T. Mcvann, Jr. Attorney at Law Post Office Box 827 Westhampton Beach, New York 11978 (516) 288-6500 Fax Number March 23 , 1990 (516) 288-6546 Town of Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: ZBA application Patrick Lohn Gentlemen: Please be advised that I have been authorized to act as agent for Patrick Lohn, the applicant, before the Zoning Board of Appeals in regard to this matter. With every kind regard, I am 7d, lly - , THOMAS T. McVANN,JR. TTM: sn I, PATRICK LOHN, DO HEREBY AUTHORIZE , THOMAS T. McVANN,JR. ,ESQ. , TO A MY AGEN RICK LOHN i FRANK A. KUJAWSKI, JR., President. _� ALBERT J. KRUPSKI, JR., Vice-President r� t �, TELEPHONE JOHN M. BREDEMEYER, III p, °, `L (516) 765-1892 JOHN L. BEDNOSKI, JR. i HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1.1971 J.M.O. Consulting June 2, 1989 P.O. Box 361 Wading River, NY 11792 Re: Minnehaha Blvd. N.Y. Dear Sir: The following action was taken by the Board of Town Trustees during their regular meeting held on May 31, 1989 as follows: . WHEREAS the Town Trustees have conducted an on site inspection of the subject property, Minnehaha Blvd, NY. RESOLVED that the Town Trustees approve the request made by J.M.O. Consulting for a waiver to construct deck and storage shed landward of timber bulkhead on above mentioned property. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Very truly yours, Frank A. Kujawski, 'Jr. President FAK:kjw Board of Town Trustees cc: Bldg. Dept. Board of Appeals file �_ ew York State De artment of Environmental Conservatiu., ' P Building 40—SUNY, Stony Brook, New York 11794 DATE: �cly y� p Re: 13 3 5— �!/� G,� � (3, Thomas C. Jorling So L.lf�L0 l w 4 j P71 1 � � Commissioner Dear W..J �Al A review has been made of your proposal to: C.C,v, S'�'►��n c�� Cx i 'v, bhc-,r J),06k S 12 r 3.35- .Based on the information you have submitted, the New York State Department o nvironmental Conservation has determined that the — parcel project is: Greater than 300 ' from inventoried tidal. wetlands. Landward of a substantial man-made structure greater than 100 ' in length which was constructed prior to 9/20/77 . Landward of the 10 ' above mean sea level elevation contour on a gradual , natural slope. Landward of the topographic crest of a bluff; cliff or dune which is greater than 10 ' in elevation above mean sea level. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law) . Please be advised, however , that no construction, sedimentation or disturbance of any kind may take place seaward of the 10 ' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project . Such precautions may include providing adequate work area between the 10 ' contour or topographic crest and the project ( i .e. a 15 ' to 20 ' wide construction area) or` erection of a temporary fence, barrier, or hay bale• berm. , Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies.. Very truly yours, Deputy Regional ermit Administrator C it . Vu:`D PROJECT LD.NUME3ER '� 617.21 SEAR Appendix State Environmental Quality Review SHORT EiNVIRONMENTAL ASSESSMENT FORM PART 1— For UNLISTED ACTIONS Only PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1- APPLICANT/SPONSOR PATRICK LOHN (Thomas T T. z. PROJECT NAME PEE MCVann Jr. ) Private r i f�tunIctoallty Southold 4. PRECISE ntv LOCATION(Street address and road intersections,prominent landmarks,tetc,or provide map Suffolk Minnehaha Blvd, , Southold., New York Tax Map* 1000 - 087 . 00 - 03 . 00 - 0'57 . 000 5- IS PROPOSED ACTION: ®New ❑E:oanslon 6. DESCRIBE PROJECT BRIEFLY �Modificatlon/alteration Applicant proposes to construct timber decking and a per the enclosed plans storage shed as 7. AMOUNT OF LAND AFFECTED: Initially, 0 acres Ultimately n 8- WILL PROPOSED ACTIO.1 CO:APLY WITH EXISTING ZONING OR OTHER EXISTINGaLAND USE AESTRICTIONS7 leacres No If No.describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? x®Aesidcnrial ❑Industrial r Describe: ,0 Commercial ❑Agriculture ❑Park/Forest/open space ❑Other 10. OCES ACTION INVOLVE A PERMIT APPROVAL.OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAQ7 UYes ❑NO .It yes,list agency(s)and ermit/a r DEC Letter of non-jurisdiction p pProvals is submitted herewith If- DOES ANY AS ECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? otes flo I!yes, list agency name and permit/approval Letter o non-jurisdiction • 12. AS A HESUL OF PROPOSED TIO WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? ID Yes U15ro 1 C RTIFY HAT E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantrspons ame: PAT I K LOHN/THOMAS T. MCVANN JR. ESQ Data: March 23, 199 Slgnaturn: It the action is i the Coastal Area. and you are a state agency, complete the Coastal As essment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act of this form, and an environmental review well ue before an reQu=res submission y action is taken. a:ade Ly thic; .,ward SHORT ENVTP.O"IMENTAr, ASSESSMENT Form (a) !n order to answer the questions that the preparer will use currentl in this short EAF it is assumed , y in information concerning the project and the likely impacts additional studies of the action. It is not expected that . research or other investigations will be undertaken. (b) If any question has been answered Yes the project nificant and completed Environmental Assessment Form is ectnec may b p )ect may be siq_ y. (c) If all questions have been answered No it is likely project is not significant- Y that the (d) Environmental Assessment 1- Will project result in a larce' physical to the project site change physically alter more than 10 acres of land? 2. Will there be a major change to ue Yes ;.0 unusual land form on the site? any uniq or 3. Will project alter or have a large effect on _Yes Ina an existing body of water? \� 4• Will project have a _ Yes X No groundwater quality?potentially large• impact on Yes �)( "70 5- Will on adjacenttsites?significantly effect drainage flow 6. Will project affect 3n Yes Plant or animal species?threatened or endancered 7. Will _Yes INN project result in a major adverse effect on air quality? 8. Will Yes 7,o project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? __Yes �No 10. Will project have a major effect on existing or , future recreational opportunities? • 11. Wes Will �Na project result in major traffic proble cause existing ms or major effect to i ym transportation Yes 12. Will Project �No noise regularly cause objectionable odors, glare, vibration, or electrical disturb- ance as a result of the pro)ect's operation? 13. Will j Yes Na project have any impact on public health \V Or ;3fCty? 14. Iri 1 L _ Yes A No project affect the existing directly auxin q community b q a qr th in a tion of m rc than 5 permanent papul3- period r rccnt over a one-year have a m o negative effect on the .Wes charge or of t e rm nity or neighborhood? IS. Is then p lic cant very concern in project? y q the ?rep3Cer's Signature: . Yes •10 ReDrC5entinq: PATRI LOHN Z3A y/75 Date. QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED NTH YOUR APPLICATION F01324S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms . If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes b)Are there any areas open to a waterway without bulkhead? Yes o 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No 4. Are there any existing or proposed fences, cpncrete barriers, decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes 6 . If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . . . . . . . ft. Yes O 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature• Zoning Board -of. Appeals granted accessory building- - appeal 42 - no permit issued 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes Town Board Yes Town Trustees Yes County Health Department Yes o Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes 1 0 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations nd upon" the subject property at this time ant and proposed deck andeme V Please submit photographsI certify that the above sare being submitted for reliance by the Board of Ay application. Signature (Property Owner 1/88 I . 7. WETLANDS [Amended 8-26-76 by L.L. No. 2-1976: 3-2G- - . 85 by L.L.No.6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh • subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection AM and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESIIWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, ( of the Environmental Conservation Law of the State of New York;and • (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1) and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 .2.25-HS f Standard N.Y.B,T.U.Form 8002 Bargain and Sale Deed,wuh Covenant a ain r Granr "crr✓I ddivid '1 or Cor orouon single sheer � CONSULT YOUR LAWYER 13EFORE SIGNING THIS INSTIIUMENT—THIS INSTRUMENT SHOULD E,YSED BY.LAWYER.S ONLY. _ .. ��. LIB R 7507 PACE 20 �. 54 U THIS INDENTURE,made the day. of So p t e mb e r , nineteen hundred and eighty- 1 ive BETWEEN JEAN M. LOHN, resi_di.ng;a.t. Southold , New- York No# Minnehaha -Blvd. -� party of,the first part, and PATR IC I. W. LOHN residing aU and SARA J.. IIAWKINS, residi.ng at Southold , N.Y . as tenants in common ` in equal shares. No# Minnehaha, Blvd. 3 _ party of the second part, WITNESSETH,that the party of the first part, inconsideration of Ten Dollars and other valuable-,consideration D 100 paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of th6party of the second part forever;' S 087 MALL that certain plot, piece or parcel.of land, with the buildings and improvements thereon erected, situate, lying and being inXt ik' at Laughing Water, near Southold Town,Suffolk County, B - 03.( 0 New York,bounded and described as follows L 057.( 00 Commencing at a point. formed by the inEer's,ect.i.on 'of` the easterly ' line of Mi_nnehalia:Boulevard and. the .southe,rly...l� ne;' of G'pechee Avenue then running' south 3 degrees 363,'aches, ..east_ ,124. feet by ;and along the easterly 1i.ne of Minnehaha Boulevard., to the point and place of Beginning, thence ;;out. 81 degrees 59 minutes east , 13.3 feet more -or. less by -and. along; the .,property of. C,H,,Wickhara through a point ..in.a. base, l'ine,.to Mean High Water of .Corey. Creek thence southwesterly 75 fe(�t ttiore,. or less,along Nean High. Water to a poi:nt ,thence north 74 . degrees; 47 minutes 'west, lU3 ..feet more or less from Mean High Water, through a base line .by ,and along-property -of-,C .H.Wickhaai to a, point in ahe easterly:' line of Mi.rinehaha Boulevard, thence .north 6 degrees 06 minufes„ east 27 .2 feet bye and along the ,easterly line of Minnehaha_ Boulevard, to a monument, thence north 3 degrees 36 minutes west. 34 8 feet by and along the easterly line. of Minnehal.a .Boulevard„ to,; the point or placeof Beginning, Together with all ,the: ri.bht , t'i.t,le and interest of in 'and. o land .bed of, hlinneliaha„ Boulevard to the center"line lying within the thereof; 'and in, and.. to and; :Lknd.er, ,the water; of V.orey PFe,q&,adjacent said premises. 5ubject...howevee ' to,'a11 cove.n;axtts and` restrictions 'of record: Th a. ties f he' 's cond a:rt have'simultane u 1 h rewitli,. x cuted and aa.gvere� a. pure lase mgney, molrtga eintenc�ec o �e ,rev.oreded herw n e amounC...o TOGETHER with all right, title„and interest, if 'any; of the party oft ie first part in an to..any streets and' roads abutting the above described premises to the center lines thereof; TOGETHER with,the,appurtenances and all the estate-and rights of the party of the.,first:part„in„and to said premises;:TO. HAVES AND TO. HOLD the premises herein granted unto the party.of,.the..secon&part,;the.heirs�or:;successors;andl,assigns of. ( the partyBof,the sec nd.part forever. 1 ei.ng the same prelmi.ses''heret'ofore" cpnveyed to' the` grantor' herein by Cedric H.Wickloaln and his wife by deed dated. 8/14" 56 recorded ,8/20/56 _ AND the party,of the..first part covenants.that-.the.partyr of the-hAt.�irrt,fiaj6At &oj,,5_%0.sufferedanythinp; whereby the said premises have been encumbered„in any. way whatever,.except as 'aforesaid. .� AND the party of the first part, in compliance.with Section13 of the Lien Law, covenants.that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpo:se.of paying the cost of the improvement and will apply 1 the same first to the payment of the cost of the improvement before using any part of the total of-the 'same for any other purpose., The'-word "party" shall be,.construed as if it read "parties whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first,part has duly executed this deed the day and year,first above written. - IN PRESENCE OF: ' tA.. toW ATR t eagM.Lohn i ocr ` �se5 1 IllN5 F R TAB 1 S�iFF Lf< , ►cIML,-j I mn zob STATE OF NEW YORK, COUNTY OF ^�LL r_67 (' f � ss: STATE OF NEW YORK, CdUt'IT. OF xs: On the o,ZA, of —��r0l.l f t 19 (� before me Ori the day of 19 before me personally tame - I ^, a`t personally came Al to me known.to be the individual described in and .who to Mile known to be the individual described in and who executed the -foregoing instrument, and acknowledged that executed the foregoing instrument, 'and acknowledged that executed the same. executed the same. 1 eph H. Gibbons No. 52-46182SF Notary Public in the State of New York Qualified ..in Suffolk County My'Commission Expires Mar.30,15&.� STATE OF NEW iO' RK, COUNTY OF ss: St'pee'E OF NEW YORK, COUNTY OF On the "'day.of 19 before me On the day of 19 before me personally;came _ personally came to me known', who, being by me duly sworn; did depose and the subscribing witness to the foregoing instrument, with say that :he,:resides'at No. whore J am personally acquainted, who, being by me duly r sworn, did'depose and say that he resides at No. that he is the of that r he knows pe the-corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said' corporation'; that the seal affixed' described. in and,who executed the foregoing instrument; to said instrument is.sur'• corporate',seal; that it was so that he, said subscribing witness, was present and saw affixed by 'order of the board of, directors of said corpora- execute the same; and that he, said witness, tion, and that he sighed h name thereto by like order, at t'he'same time subscribed h name as witness thereto. atgain anb 9Palt �Beehi SECTION Wrn-I COVENANT AGAINST GRANTOR's AC"i's TITLE NO, BLOCK LOT 1 COUNTY OR TOWN. TO Recorded At Request of First American Title Insurance Company of New York RFTURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distribafed by First,Anterican,Title Insurance, Company Of Neu; York zip No. v 0 Cz C.)cn x r� o 4� '' •-, w N (n r7w z tu W Y,£rjk RV . APPEALS BOARD MEMBERS ''' #z SCOTT L. HARRIS Gerard P. Goehringer, Chairman "° y` F `rq�d' Supervisor Charles Grigonis, Jr. t � � 3 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3937 Matter of 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 . WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of PATRICK LOHN, under Appeal No. 3937; 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 east side of Minnehana Boulevard, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 3, Lot 57 . 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239. 4 B, for permission to construct a deck. Proposed construction will be within 75 ft. from the bulkhead. Page .2 - Appl. No., 3937 Matter of PATRICK LOHN Decision rendered May 30, 1990 3 . Article XXIII, Section 100-239 . 4 B, All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. The subject premises is vacant land with the exception of a accessory _shed decision rendered July 6, 1977 under Appl. No. 2311. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief; (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. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the matter of the application of PATRICK LOHN as applied under Appeal No. 3937, SUBJECT TO THE FOLLOWING CONDITIONS. 1. That the approximately 13 X 14 deck not be elevated more than 12 inches from the bulkhead and remain unroofed. 2. That the storage shed maintain the conditions as stated in the decision dated July 7, 1977 under Appeal No. 2311. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis) . This resolution was duly adopted. df �; GERARD P. GO HIRNGER, CHAIRMAN 41N St. 2S AA .A— 3"'All) SEE W,h. ?D 'IJAW A TE— OF SOUTHOLD d D, 11.4 0 AW b12. r`'N _ AdAld m . .e.. ♦e • ' ..2 A• ��ry / '�E/ / fto ol �4 0- .20) zz 51 SOUTHOLD "A PARK DISTRICT 16 Pp-FO —0— C.'ey C,,reh V IN - of J-j SEE SEC. NO,133 A.F. hfCG NEW BAY A—" m-20. ....... ..........3 IA. = Legend KEY MAP IIA1 11R,1R. Lf« Fe.D',xier Ll„r @ COUNTY OF SUFFOLK TOWN OF County Cenw DISTNIO ME ,.:A." C— T--Li- II".D;.— —R. Real Property Tax Service Agency VILLAGE Of KALE IN FEET A—,P...,I—I. --Tr— F!HI— —k-11 P P H NA. R;—A—d I 1 ".-Y-1, /O R� �. r A 4 TOWN OF SOUTHOLD, NEW TORN `. DATE .....u..g.....A-f 1977 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. . 2311 Dated July 61' 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD .To Jean. Lohn.:& B. . Loretta Vora Lehn . , ;; _._. Appellant_ Minn.ehaha. Boulevard Southold; .NY • 11971 at a meeting of the Zoning Board of Appeals on .August 4 ,.:.1.977 the appeal was,considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (g) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted be denied pursuant to Article .................... Section .................... Subsection .................... paragraph ( ) .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9 :55 P.M. CE.D.S.T.) upon application. of. Jean Lohn and B. Loretta Vora Lehhj Minnehaha Boulevard, Southold, New York for a variance in accordance with the Zoning Ordinance,' Article III, Section 100--30 and. 100^32 for permission to construct accessory building on property line. Location of property: East side Minne� haha Boulevard, Southold, New York, bounded on the north by Prieto; . east by Corey Creek; south by Vanderbeck; west by Minnehaha Boulevard. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection, the Board finds that the applicants request permission to construct accessory building on property line, east side Minnehaha Boulevard, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict :application- of the Ordinance would produce .practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character fi£ the neighborhood, and will observe the spirit. of the Ordinance. THEREFORE IT WAS RESOLVED, Jean Lohn and B. Loretta Vom Lehn, Minnehaha Boulevard, Southold, New York be GRANTED permission - to construct accessory building on property line, east side Minnehaha Boulevard, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. �f �3 i BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of�� �� � �Q, NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance) (Special Exception) (Special Permit) (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: (� '/iJ' GL.V e j' LD GOIJnI-Tr� TA.>e g 3 3. That the propert which is the subject of such Petition is located in the following zoning district: 4 That by such Petition, the undersigned will request the following relief: ��/r�-r�/� 4 57'R i U 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article � Section /a() — ;L 33 [ ] Section 280-A, New York Town Law for approval -of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 1*1 4J ta,) Petitioner Owners ' Names : 1I000A::� #,AJ Post Office Address SO v-r 9d),D , N 1 7 Tel . No . ( 5)6, ) 76" [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS 1 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss" �1"► I l ""� residing at 335' AAMMA)44 1MVP) '50VTHQ1,D Nt4 INbeing duly sworn, deposes and says that on the Wo day of , 19 90 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, dip cted 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- fic SQU_r Lb M I 1�_� ; that saiQwere mailed to each of aid persons by (certified) (registered) mail. Sworn to before me this - day of 17:gZ— , 19 E M. A/ Notary Public HELEN IL DE VOE NOTARY PUBLIC,State of New York No.4707878,Suffolk County Terra Expires March 30,19...�/ (This side does not have to be completed on form transmitted to adjoining property owners . ) I r : 1y� M i h�