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
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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
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TOWN OF
SOUTHOLD PR PERTY RECORD CARD
OWNER STREET VILLAGE DISTRICT SUB. LOT
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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
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PAR-` .5.9 PARC.EC. PA, RCF—L. 4's=:7 PAR."s
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_. 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
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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
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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.
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�; GERARD P. GO HIRNGER, CHAIRMAN
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Legend KEY MAP
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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.
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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 . )
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