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HomeMy WebLinkAbout3397Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11S71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPE~S Appeal No. 3397 Application Dated September 4, ]985 (Public Hearing October 3, ]985) TO: Gary Flanner Olsen, Esq. as [Appellant(s)] Attorney for DONALD W. AND JUDIIH L. EUCHSINGER, Main Road, Box 706 Cutch0§ue, NY ]]935 At a Meeting of the Zoning Board of Appeals held on 0ct0ber 24: ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the ZoninQ Ordinance Article XI , Section ]00-]]9.~(8) [ ] Request for Application of DONALD W. AND JUDITH L. LUCHSINGER - Appeal No. 3397, Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct addition to dwelling with insufficient setback from the ordinary highwater mark along Deep Hole Creek, premises known as 830 Lupton's Point, Mattituck, NY; County Tax Map District 1000, Section 115, Block 11, Lot 16. WHEREAS, a public hearing was held and concluded on October 3, 1985, in the Matter of the Application of DONALD W. AND JUDITH L. LUCHSINGER, Appeal No. 3397; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the south side of a private right-of-way known as Lupton Point Road, extending off the east side of Marratooka Road, Mattituck, New York, is located in the "A" Residential and Agricultural Zoning District, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 16. 2. By this application, appellants request permission to construct an open (unenclosed) deck of an area of 450± sq. ft. and attached addition of an area of 110 sq. ft. to be placed at the rear of the existing single-family dwelling structure, at an angle with the house set back from the bulkhead at its closest point not less than 45 feet and as shown on the sketched survey submitted with this application. 3. Article XI, Section 100-119.2, sub-paragraph (B), requires all buildings to be set back not less than seventy-five (75) feet from the ordinary highwater mark or the landward edge of tidal wetland, whichever is greater. 4. The subject premises (CONTINUED ON PAGE TWO) DATED: November 5, 1985. Form ZB4 (rev. 12/81) fronts along Lupton Point Road 100 CHAIP~N, SOUTHOLD TO~N ZONING BOARD OF APPEALS Page 2 - Appeal No. 3397 Matter of DONALD AND JUDITH LUCHSINGER Decision Rendered October 24, 1985 feet in width, and has an average depth of 191.67 feet and is improved with a single-family dwelling set back at its closest point to the existing bulkhead at 65 feet. 5. It is the understanding of the board that the present dwelling's westerly sideyard is open and free of obstructions to a width of 18 feet, which will be maintained in order to provide access to the rear areas and which will not be further reduced. In considering this appeal, the board finds and determines: (a) that the proposed construction is landward of existing struc- tures, inclusive of bulkhead in very good condition along waterlying edge of the premises; (b) that there are no wetlands affected by this construction; (c) that the circumstances of this appeal are unique; (d) that there is no other method feasible for appellants to pursue other than a variance; (e) that the interests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goeh- ringer, it was RESOLVED, that the relief as applied under Appeal No. 3397 in the Matter of the Application of DONALD W. AND JUDITH L. LUCHSINGER, for permission to construct deck and addition at a setback of not less than 45 feet from the existing bulkhead, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That the deck area remain open 2'8" x 14' x 7'9" x 10'8" area floor area). as applied (except for the slated for extended living Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHRINGER, C~IRMAN November 6, 1985. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of ??i~?~___ oo. Gy Z � Southold Town Board of Ap' peals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.SAWICKI. 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Raad , Southold , NY at a Regular Meeting commencing at 7 : 30 p .m. on THURSDAY , OCTOBER 3 , 1985 , and as follows : 7 :35 p .m. PETER AND HELEN PURIC - Appeal No . 3401 - Variance to the Zoning Ordinance , Article III , Section 100-31 for permission to construct addition with reduction in total sideyard area , at 1250 Second Street , New Suffolk , NY ; County Tax Map District 1000 , Section 117 , Block 07 , Lot 23. 7 :40 p .m. JANE M. WREN - Appeal No . ' 3398 —Variance to the Zoning Ordinance , Article XI , Section 100=118 ( E) .for permission to expand nonconforming building by more. than 50% of fair value , at 3355 Soundview Avenue , Mattituck , NY; County Tax Map District 1000 , Section 94 , Block 01. , Lot 16 . 7 :45 p .m. WILLIAM NEDOSZYTKO - Appeal No . 3395 - Variance to the Zoning Ordinance , Article III , Section 100-.31. , Bulk Schedule , for approval of insufficient lot width (road frontage ) of . this proposed 80 ,000 sq . ft. parcel to be set-off from 27 . 934 acres , located on the west side of Aldrich Lane , Mattituck , NY; County Tax Map District 1000 , Section 124 , Block 1 , Lot 2 . Page 2 - Notice of Hearings Southold Town Board of Appeals Thursday , October 3 , 1985 7 : 50 p .m. DONALD W. AND JUDITH LUCHSINGER - Appeal No . 3397 - Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (B) for permission to construct addition to dwelling with insufficient setback from the ordinary highwater mark along Deep Hole Creek , premises known as 820 Lupton ' s Point , Mattituck , NY ; County Tax Map District 1000 , Section 115 , Block 11 , Lot 16 . 7 : 55 p .m. HOWARD HOEY - Appeal No . 3391 - Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient lot area and lot width of one .parcel in this proposed division of land located on the south side of Main Road , Orient , NY ; County Tax Map District 1000 , Section 19 , Block 1 , Lot 14 . 1 ( 14 ) . 8 :00 p .m. PHILIP G . HORTON - Appeal No . 3392 - Variance to the Zoning Ordinance , Article III ,.. Section 100-31 , and Article VI , Section 100-61 , for approval of insufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road , Peconic , NY ; County Tax Map District 1000 , Section 85 , Block 03 , Lot 005 . 8 :05 p .m. THEODORE AND MARIE PETIKAS -- Appeal No . 3389 - Variance to the Zoning Ordinance , Article II , Section 100-22 ( D) for permission to utilize entire premises ( located..-partly in the "A" Residential Zone and partly in the "B-Light" Business Zone ) for "B-Light" Business use in accordance with Article VI , Section 100-60 . Location of Property: Corner of. North (Main ) Road and Sound Road , Greenport , NY ; County Tax Map District 1000 , Section 35 , Block 01 , Lot 8 . The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters . Written comments may also be submitted prior to the conclusion of the hear- ing in question . For more information , please call the Office of the Board of Appeals at 765-1809 (alt . 1802 ) . Dated : September 12 , 1985 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN Notice of Hearings for October 3, 1985 Regular Meeting Copies of the .Le__g61.. Notice to , the _following on or about 9/20/85 : . By Mail : Earl T: Miles , Esq . for Peter and Helen Puric Also Ron Morizzo Builder Mr. William Berliner , Jr. for Jane M. Wren Abigail A. Wickham, Esq . for William Nedoszytko Gary, Flanner;;Olsen',:., Esq : ..for Luchsinger Samuel J . Glickman , Esq . for Howard Hoey Michael J . Hall , Esq . for Philip G. Horton for Theodore and Marie Petikas Henry Tasker , Esq . in opposition Re : Petikas Posted on Town Clerk Bulletin Board 9/20/85 Copies to : ZBA Members ZBA Individual files Building Dept . (Vic ) ZBA Bulletin Board (office ) +w FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . 9. . . ., 19 . �. To00��. . . �. . . . � . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . .. . . . . . . . .. 10 . . for permit to . . . . . . . . . . . . . . . . . . . . . . . at Location of Property . . . . . . .. House No. Street Hamlet County Tax Map No. 1000 Section . . . . . . . . Block . . . . . . . . . . . Lot .O��. . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .. . � 77 av . . . . . . . . . . . . . .'. . . . . . . . . . . . . • • • • • •�� • • • • • '• i • • • • • . . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •. • • • • • • • • • • • •. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •.• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Building Inspector RV 1/80 1 - P P o ao y FORM NO. I I I1 4M�. TOWN OF SOUTHOLD 3 i BUILDING DEPARTMENT ;f TOWN HALL SOUTHOLD, N.Y. 11971 BLDG. DEPT: TOWN OF SOUTHOLD TEL.: 765-1802 --�-��-�- Examined . . . . . . . . . . . . . . . .. 19 . . Received . . . . . . . . . . . . 19 . . . Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . N Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date �jy- . . 31. . . . . .. 19B INSTRUCTIONS a. This application must.be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of,lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. . d. Upon approval of this application, the Building Inspector will issue4 a Building Permit to the applicant. Such permit sliall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York,- and other.applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein 'described. I The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, gulations, and to admit authorized inspectors on premises and in building for necessary ' pe tions. . . . . . . . Signature of applicant, r name, if a c oration) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . %.S. . . °�'.h e-r . . . . . . . . . . . . . —� ),.w Name of owner of premises �.yL.�.`.ol. . . .W . . �l��s. !'� ��. . .JNe. . . . . . . .. . . . (as on the ta roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and title of corporate officer) Builder's License No. .1: . . . . . . . . . . . . Plumber's License No. . . . . . . . . . . . . . Y Electrician's License No. .. . .'. . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . ... . . . . . . . . . . . . 1. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . .� (o. . . . ... .��a.�.�'1. . . . . . . . . . . . . . . . . . . a (c. . . . . House Number Street Hamlet County Tax Map No. 1000 Section . . . . . . '. . . . . . . Block . . . . . . .j . . . . . . . . . Lot . . . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: Ia. Existing use and occupancy . . . . . . . . , (t'.. . . . '� �. m:�./ O/w.0 1 q . . . . . . . . . . . . . . . . . . . . q b. Intended use and occupancy . . . . . : . (.p-. . . . . °� �'�.�. 4 t� . . �„f;+. ,i�(;1,� � G arf� . . c. �i 3. Nature of work (check which appa..7nble): New Building . . . . ... . . . . Addis.'>',', v. . . . Alteration Repairl. Removal . . . . . . .. . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . .` :..: . . . �. (Description) 4. hstnnated Cost.. .,. ... '`: . .)... . . . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "s (to be paid on filing this application) 5. If dwelling, number of dwelling units . . . . . . . . . . Number of dwelling units on each floor . . .i. . . . . . . . . . . . If garage,number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify n t re and extent of each type of use . . . ... . . . . . . . . . . . . . . . . 7. Dimensions of existing structures,if any: Front . . . . . . 1 . . . . . . . Rear . . . . . . . . . Depth . . v'8. . . . . . . . . . Height . . . . s. . . . . . . . Number of Stories . . . . . .Q!t'. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . Depth . . . . . . . Height . . . S . . . . . Number of Stories . 8. Dimensions of entire new construction: Front . . . . a. . . . . . . Rear . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . W,-4Rf�+ Mirnrer of C+nreS yy�jj 9. Size of lot: Front . . . . . . Rear . . . 7 . . . . . . 10. Date of Purchase . . ?�7.s'�5. . . . . . l q$. Name of Former Owner . �s�/'. . . . . V4L.�Q ti . . . . . . 11. Zone or use district in which premises are situated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoni g law, ordinance or regulation: . . . . . . . . . . ... ... . . . . . . . . . . . . . . . . . . 13. Will lot be regraded °?_ ':¢� '.r}� /. . . ill ex�,ess ill be remove f o premises: es Nc 14. Name of Owner of premises . D.�n.q�c� .u.4�:Q.�S' 9ress f�� °`� . a rl�( hone No. �>9.8-.�5.Q 9 . . Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. a a - d t �I �e t `Y f STATE OF NEW YORK, -S COU Y F . . . / . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant i id(Name of indual signing c act) above named. f}. Heis the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) a of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this d . . . . . . . . . . . .. . . . . . .day of. . . . . . . :, 19 Notary Public, . .� . /1 : .A U . . . . . . . . . . County . ./. . . . . . . . . . . . . . . • . . . . . . i Nb1hVR91 p�KK D Now York (Signatur f applicant) No.4707878,SvWk Term Expires March 30,19 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM ,,QEC,I,5JON OF BUILDING INSPECTOR APPEAL NO. DATE September,.. 1985 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Donald W. Luchsinger and 1,. (We) .Judi L'L....Luchs.inger.........................of ....!.(zo...#)...Lupton-Paint............................... Name of Appellant Street and Number .......... ... Matti.tuck New York .......................................................... .. . .. ..........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEAI_S FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Dona.)d..y�•,. ,u.C1?.s.in9.er...and..J.udi.th..L....Luchsinger Narne of Applicant for permit of (rig.#)...1,uRtR(1-Nint....................Mai;td.tuck..................Np_w..Y.ark.......... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) VARIANCE 1. LOCATION OF THE PROPERTY ... right-of;way, Lupton Point Mattituck Agric/ Street Use District on Zoning Map Resid. Map No. Lot No. Suffolk County Tax Map # 1000-115-11-16 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ' section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XI Section lnfln-119-2-B ' 3. TYPE OF APPEAL Appeal. is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. • PREVIOUS APPEAL A previous appeal §()O5) (has not) been made with respect to this decision Fr . of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X ) A Variance to the Zoning Ordinance is requested for the reason that applicant seeks to construct an addition less then 75 feet from tid61 wet lands on bulk headed property as shown on a survey by Roderick Van Tuyl dated May 8, 1985. roan znt (Continue on other side) , 4^' REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant .seeks to construct an addition to an existing house. Due to the fact that said construction will take place less than 75 feet from wet lands, this variance is requested. Due to the fact that property is bulkheaded there will be no adverse effects to the wet larkds. 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 applicant seeks to build an addition on bulkheaded property which would not result in any adverse effects on wet lands. Due to the fact that there is no exception in the Town Zoning Ordinances relieving •+ a property owner from having to apply for a variance, even though the property is bulkheaded this application is necessary. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there is already existing on the premises a residence and applicant simply seeks to put on an addition to same, including a deck, which addition and deck would not change the character of the neighborhood. WR �tl�f'�lGGG2G� � INNE MAURO I Nowt/MIG,SWO Of Naw Yartc No.4SM73 Quaimed in Suffolk cour►tY19 1 i. ��• commission Expires March 301 STATE OF NEW YORK fr'""'�� ....�.f.��....................................... COUNTY OF Suffolk 1 ss Gary anner Ols4,E0!ufft0rneY for Luchsinger Sworn to this ........4th..... clay of.......Sept6it^.................................. 19 $5 TOWN OF ' SOUTHOLD PROPERTY RECORD CARSco OWNER STREET VILLAGE DISTRICT -SU43-- LOT FORMER OWNER N v E ACREAGE S TYPE OF BUILDING P RES. ?/40 SEAS. VL. FAR.M comm. I IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS . 3 7©o /V7aU 5 f�Oo �f� ��5`�'� r s 011 S7-0-10 cS'r 2 2 � ��Z 0 G� �..�' �t�. .S�0 0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 ` Tillable 2 Tillable- 3 Woodland Sw%mpinnd4. Bri shland House Plot - i Total--.' ' OP Folz '� 1 �1 J�-.../�,� �.:((1i!1t�. �L...`�i, •1,7� Y \\� � it+a....S ..-�"� L f . .�--'� lti,.••e%. o, 4-� �a.� ,1�.�J' J `,J � �. i ".-..-.• A r ' C,. \� �sQ \ t , 2.iGNT N.-t9 451O"C, {V0,C) FEtd S .. ���\/�.J.Q i FEH., S. y I V- v p S.� � h-1GS`d. U.��3 5,;_l.� '�.•% J �I lll Q� a ri JI N (LPL W, t ? C {" Unauthorized this survey is -violation ion or addition ' to this survey is a vioSatien of Section 7209 of the New York State Education Lars. Copies of this survey map not bearing Lj ', � the land surveyor's inked seal or errrbossed seal shall not be considered .f to be a valid true copy. O _ Guarantees indicated hereon shall run °O J ;icy only to the person for whom the survey is Prepared,and on his behalf to the �J title company,governmental agency and r t Sending iw--itution listed hereon and U; r to the assignees of the lending insti- tution.Guarantees are not transera!D!, LAMP FO o to additional institutions or Fzii •,:i a �2y owners. tZ t-ZF - y OQO- AT 8t?t- - .("4 vq.'f,U�A1 w=EEF.,-, I 114E P Q :�7 ram€ IFes.Q>{CA,, '1"�"•'C_� if�l�!:`� ' `•.�. C� � _ -7 v-r• -�`'<i - 14f E { � _�'�!� .r+4'at�:4/�h���`_�'r [=,gP,i'k'_ -~ �✓ l �, {� �}/� { {` �,,a✓- t +c.. 4 1�� G'. ; y—z $�: 1. ;�1.. )7M�f d . ( f"y.;l� f�(S�P (.z,4.1�f i .E.l'.--/Q { 1 5 . t I—.I rl l-Ili. •`; 1. 5 t Southold Town Board of Appeals -7- October 3 , 1985 Regular Meeting (Appeal No . 3395 - WILLIAM NEDOSZYTKO hearing , continued : ) On motion by Mr . Goehringer , seconded by Mr. Sawicki , it was RESOLVED , to close (conclude ) the hearing and reserve decision in the Matter of Appeal No . 3395 , Application of WILLIAM NEDOSZYTKO. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . -(Member Doyen of Fishers Island was absent due to bad weather conditions . ) This resolution was adopted by unanimous vote of the members present . 8 : 03 p .m. PUBLIC HEARING : Appeal No . 3397 . Matter of DONALD W. AND JUDITH LUCHSINGER . Variance to construct addition to dwelling with insufficient setback from ordinary highwater mark along Deep Hole Creek . 820 Lupton , Point , Mattituck , New York . The Chairman opened the hearing at 8 :03 p . m. and read the legal notice of this hearing and appeal application for the record . CHAIRMAN GOEHRINGER : I have a copy of a survey indicating a house placed approximately four feet to the east property line , 18 feet to the west property line , 41 feet from the north , with no indication as to how far the house is placed from' the bulkhead . And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area . It indicates to me that there is a deck that is proposed in this particular application , which I will ask the attorney in reference to size , since it is irregularly shaped . . Mr . Olsen , would you like to be heard? GARY FLANNER OLSEN , ESQ . : My name is Gary Olsen , attorney for the applicants , having my offices at Main Road , Cutchogue . As you can see from the survey there is already a preexisting house that was built prior to zoning , and what the applicant seeks to do is square off the house to help given some additional room inside . I think that actual addition to the house is about 110 sq . ft . , and then in order to take advantage of the lovely view over Deep Hole Creek , he wants to construct a deck between the house and the creek . Due to the fact that the zoning code was written in such a way that there was no exception to allevi - ate the necessity of applying for a variance on any construction behind bulkheaded property , we have to of course go through this variance procedure . The deck I unerstand will have ,approximately 450 sq . ft . I have scaled the distance of the edge of the deck to the bulkhead at about 45 to 50 feet . It ' s respectfully sub- mitted that in no way would the zoning code be adversely, affected by the granting of the variance , and I also wish to point out l' Southold Town Board of Appeals -8- October 3, 1985 Regular Meeting (Appeal No . 3397 - DONALD W . AND JUDITH LUCHSINGER hearing , continued : ) MR . OLSEN (continued: )that the N . Y . S . Department of Environmental Conservation .has even waived jurisdiction in matters where the construction takes place behind bulkheaded property . I also have a letter from the Board of Trustees that was addressed to me dated September 30th . I ' ll read it to you for the record. " . . . Dear Mr. Olsen : Please be advised that the following action was taken by the Board of Town Trustees .at .a regular meeting held on. September 2..5 , 1985 : RESOLVED that the Town Trustees of the Town of Southold hereby grant a waiver on the need of a wetland permit for Dr. and Mrs . Donald Luchsinger for the. construction of an addition to an existing residence and a deck on property referenced above , subject to the following provisions :. 1 . Roof run off shall be discharged into dry wells . 2 . Care should be taken so as to preclude the entry of any construction material into adjacent waters . 3. Immediately following construction , all areas of exposed soil shall be properly protected with suit- able erosion control devices and/or vegetated to prevent entry of eroded soil into nearby waters . Very truly yours , Henry P. Smith , President Board of Town Tr.ustees . . . . I have discussed these provisions with my client , who is here tonight ; and we have no. problem in living up to any of those requirements . If you ' ve looked at the property , and if you haven ' t , -.then I .as.sume yo.0 will , the bulkhead , the level from the top of the bulkhead to the. beach below is approximately four feet , and then there is an increase from the top of the bulkhead up to the foundation level . Also , we received from the contiguous landowners on the both sides of this house letters or notes that were written on the bottom of the notices that we sent to them ; I ' ll give them to you also for the record : Southold Town Board of Appeals -9- October 3 , 1985 Regular Meeting (Appeal No . 3397 = DONALD 'W: 'AND JUDITH L'UCHSINGER hearing , continued : ) MR . OLSEN (continued ) : This one is from a Joseph R. Corso and Camilla Corso : . . We , the undersigned adjacent property owners , have no objec- tion to the above application for a. variance . We urge that. the request of the petitioners be granted. We have been shown the proposed plans . Dated : September 6 , 1985 . . . . , I also have a statement from the adjacent landowners on the other side by the ,name of Markel : . . . We have studied the plans submitted for the remodeling of the waterfront side of the Luchsinger home and feel that they are necessary for the adequate use of ,the prem- ises and that they do .not pose a threat to the wetlands . We urge that an appropriate variance be granted . Dated : September 14 , 1985 . . . . So , I ' ll submit all of this to you for your file. (Copies of both replies submitted for the record. ) CHAIRMAN : Can I just ask you a question , Mr . Olsen . This is the part that is going to be enclosed , is that correct? MR. OLSEN : The enclosure is only about 110 sq . ft. CHAIRMAN : ' It ' s just across the front then? MR. OLSEN : There was a tree , where you see this indentation on the survey , there was a tree there , which is now gone and what he wants to do is close off that , and I would point out that it looks like what he is doing as far as the addition part to the house itself is really within the confines of the existing setback of the house itself. CHAIRMAN : Yes , no problem. I was down there last night . I parked in the neighbor ' s driveway .because all the.., trees were down . MR . OLSEN : But it ' s just-- CHAIRMAN : That part right there that is going ' to be enclosed and the rest of it will remain open . You have no intention -of enclosing the .deck . MR. LUCHSINGER : No , no . CHAIRMAN : And no encroachment any closer to the property line on this side to gain access to the bulkhead , which we ' re always :e Southold Town Board or Appeals -10- October 3 , 1985 Regular Meeting (Appeal No . 3397 - DONALD W. AND JUDITH LUCHSINGER hearing , continued : ) CHAIRMAN (continued) : concerned about , so that you can get access to this bulkhead . MR. LUCHSINGER: No , I 'm not sure what you ' re saying . CHAIRMAN : No further encroachment . We would be placing a res- triction on it that this particular area always remain. o.pen and free . I ' m not referring to this area in here , Gary , I ' m-- MR . OLSEN : You ' re talking about the area between the house as exists now and the westerly boundary line . That 18 feet . He ' s not planning on doing anything there . CHAIRMAN : Yes , because this is the only access to his bulkhead if he has to work on it . MR . LUCHSINGER : Sure . MR. OLSEN : I would assume the purpose of the zoning requirements about the setback is to protect wetlands and so on , and obviously this is not a situation where any construction between the bulkhead and the deck is going to adversely affect any wetland . CHAIRMAN : No . Of course not . MR. OLSEN : I heard that the code doesn ' t have a provision in, it that we didn ' t have to go through this variance procedure on this kind of a thing . But , in any evento CHAIRMAN : Ok . We thank you very much , gentlemen , for coming' in . Anybody else like to speak in behalf of this application? Anybody like to speak against the application? Questions from board members? (None ) Hearing, no further questions , I ' ll make a motion reserving decision until a later date . MEMBER DOUGLASS: Second. On motion by Mr . Goehringer , . seconded by Mr. Douglass , it was RESOLVED , to conclude the hearing and reserve decision until a later date in the Matter of DONALD W. AND. JUDITH LUCHSINGER, Appeal No . 3397 . Vote of the Board : Ayes : Messrs. Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due t.o bad- weather conditions . ) This resolution was adopted by unanimous vote of- the members present . n ...�r,r, -a ... .:.-.,..�.r�� ,..=--++mar. ., .: - - - - ^-G.rrer ��� �a —+e --+y +rs -+s ++.� •�•-.tl�_ p v'' P' s demo l< - - ! ! atir.n of {1 \ ♦e h h;.f t.•:f York State ..,..;v e.::p not bearing ! .. " ;•I: . rd anal or- -•:.al not be considered _.-eon shell run ! .I . .. ,`•::m the survey �, l nrh;!f to the ^tel ajency and h3i son and _ r .a ianuing insti- u not transferable i .-or sub£equent r 1. COUNTY OF SUFFOLK Department of Planning 360-5206 LZM M KOPPRLMAN OII1RCTOR OP PLANNINCd November 13, 1985 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicants) Municipal Pile Number(s) Donald & Judith Luchinger 3397 Very truly yours, Lee E. Koppelman Director of Planning; b Cie r G. Newman Chief Planner VCTCRANS MEMORIAL HIGHWAY ; HAUPPAUGIL L.L.Nf I;V YORK 1 1760 ems'. Southold Town Roard of A eals ®1"' ���� MAIN ROAD - STATE ROAD 25 SDUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS November 8, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI _ Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the. Zoning Code, Article XI , Section100-119.2 (B) Variance- from Determination of Southold Town, Building Inspector Special Exception, Article , Section Special Permit Appeal No. : 3397 Applicant Donald & Judith Luchinger Location of Affected Land: 830 Lupton' s Point, Mattituck,NY County Tax Map Item No. : 1000- 115-11-16 Within 500 feet of : Town or Village Boundary Line XX Body- of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- _ Owned 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 Estab- lished Channel Lines, or With-in One Mile of a Nuclear Power Plant Within One Mile of An Airport. - COMMENTS : Applicant is requesting permission toconstruct addition to dwelling with insufficient setback from the ordinary high-water mark along Deep Hole Creek Copies of Town file and related documents. enclosed herewith for your review. Dated: 1`I �zs Secretary , Board of Appeals o o � aouthold Town aBo ' rdppeals MAIN ROAD ® STATE ROAD..25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 i APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 6 , 1985 Gary Flanner Olsen , Esq . Main . Road , Box 706 Cutchogue, NY 11935 Re : Appeal No . 3397 - Donald W. and Judith L . Luchsinger• Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In .the event your application has been approved, please be sure to return_ to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions , please do not hesitate to call either_ our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER CH IRMAN Enclosure Linda F. owalski - Copy of Decision to ' Secretary Building Department Suffolk County- Planning Commission • s �qmv Southold Town Board d eals MAIN ROAD---STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE 5516 7765=7809 APPEALS BOARD October 3, 1985 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. NEGATIVE,.ENVIRONMENTAL, DECLARATION SERGE DOYEN, JR. ROBERTJ. DOUGLASS -- Notice of Determination :6f Non-Significance JOSEPH H. SAWICKI - API?EAL No. : 3397' PROJECT NAME: Donald & Judith Luchsinger This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons ..indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or .similcir . project. TYPE OF ACTION: [ ] Type II K4 Unlisted DESCRIPTION OF ACTION : Variance from 75' wetland. .For proposed . addition. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Lupton Point, Mattituck, NY #1000-115-16-11 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction .as proposed is landward of- existing bulkhead or' similar type of barrier. t FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,. Town Hall, Southold, NY 11971;, tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town C1e.rk. Bul.letin Board. br �oS�FFUI.,�-LPG TELEPHONE (516)765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Soutliold, New York 11971 September 30, 1985 Mr. Gary .Flanner Olsen Counsellor At Law P. O. Box 706 Main Road Cutchogue, New York 11935 Re: Donald Luchsinger 820 Lupton' s Point, Mattituck Please be advised that the following action was taken by the Board of Town Trustees at a regular meeting held on September 25, 1985: RESOLVED that the Town Trustees of the Town of Southold hereby grant a waiver on the need of a wetland permit for Dr. and Mrs. Donald Luchsinger for the construction of an addition to an existing residence and a deck on property referenced above, subject to the following provisions: 1. Roof run off shall be discharged into dry wells. 2 . Care should be taken so as to preclude the entry of any construction material into adjacent waters. 3. Immediately following construction, all areas of exposed soil shall be properly protected with suitable erosion control devices and/or vegetated to prevent entry of eroded soil into nearby waters. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfiffer ing Secretary to Board HPS: ip cc: Building Dept. . BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Donald W. Ltichsinger and Judith L. NOTICE LUCIISinger TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Mr. and Mrs. Markel Mr. and Mrs. Corso YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your r perty a d is d s- cribed as follows: North by Private Road, East by Markel, South by Deep ON Creek anc� West by Corso 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Residential 4. That by such Petition the undersigned will request the following relief: to build closer than 75 feet from Ti& wetlands... , 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI , Section 100-1 19-_2 R [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matti tuck Watchman ewspapers published in the Town of Southold and designated for the publication of such notices; that you r y ur representative have the right to appear and be heard at such hearing. Dated: September 4, 1985 Donald W. s'ngend Judith L. Luchsinger. B Petitioner r Fanner Olsen Owners ' Names : Post Office Address P. 0. Box 706 Cutchogue, New York 11935 We have studied the plans submitted for the remodeling of the waterfront side of the Luchsinger home and feel that they are necessary for the adequate use of the premises and that they do not pose a threat to the wetlands. 1,1e urge that an appropriate variance be granted. 9/14/85 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. and Mrs. Markel Lupton Point, Mattituck, New York 11952 Mr. and Mrs. Corso R. D. 2 Box 80, Mattituck, New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: residing at being duly sworn, deposes and says that on the day of , 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. 5.vorn to vefore me :his day of 119 I , Notary Public (T.his side does not have' to be completed on form transmitted to adjoining 'property owners . ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Donald W. Wchsin4er and Judith L. NOTICE Luclisinger TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Mr. and Mrs., Markel Mr. and Mrs. Corso YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the Subject of the Petition is located adjacent to your r perty a d is d s- cribed as follows: North by Private Road, East by Markel, South by Deep I�o�e Cree�C anc� West by Corso 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Residential 4. That by such Petition, the undersigned will request the following relief: to build closer than 75 feet from Title wetlands... 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section 100-1 1g- 2 R [ ] 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) 765-1809. 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, spapers published in the Town of Southold and designated for the publication of such notices;that you o ou representative have the right to appear and be heard at such hearing. Dated: September 4, 1985 Donald W. Lu iroer d Judith L. Luchsinger. B Petitioner ary anner Olsen Owners ' Names : Post Office Address P. 0. Box 706 Cutchogue, New York 11935 mad _ •:�- ,=� gyp- �' i PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr.. and Mrs. Markel Lupton Point, Mattituck, New York 11952 Mr. and Mrs. Corso R. D. 2 Box 80, Mattituck, New York 11952 FI{{Il.•1 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: residing at being.duly sworn, deposes and says that on the. day of , 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite'the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day o Notary Public (This side does not have to be completed on form transmitted to adjoining property owners . ) i BOARD OF APPEALS, TOWN OF SOUTHOLD i In the Matter of the Petition of Qonald W. LuchsinQer and Judith L. NOTICE uc singer TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Mr. and Mrs.. Markel Mr. and Mrs. Corso i YOU ARE HEREBY GIVEN NOTICE: i 1. That it is the 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] i 2. That the property-which is the subject of the Petition is located ad'ace t to your r perty a d is d s- cribed as follows: North by Private Road, . East by Markel , Sou�h Sy Deep F�o�e Cree�C anc� West by Corso I 3. That the property which is the subject of such Petition is located in the following zoning district: j Agricultural/Residential 4. That by such Petition, the undersigned. will request the following relief: to build closer than 75 feet from Title wetlands... i j 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section LQa_1 1 q=,2 R [ ] Section 280-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof,a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. i 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, spapers published in the Town of Southold and designated for the publication of such notices; that you o ou representative have the right to appear and be heard at such hearing. Dated: September 4, 1985 Donald W. Lu i era d Judith L. Luchsinger j B Petitioner ary anner Olsen Owners ' Names • Post Office Address P. 0. Box 706 Cutchogue, New..York 11935 Or g-�—p PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr,... and. Mrs. Markel Lupton Point,. Mattituck, New York 11952 Mr. and Mrs. Corso',.,.' R. D., 2 Box 80, Mattituck, New vYork 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: residing at being duly sworn, deposes and says that on the day of , 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective ..names;that the addresses set opposite'the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this _ r 19 Notary Public (This side does not have' to be completed on form transmitted to adjoining ;' property owners . ) i BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Donald W. Luchsinger and Judith L. NOTICE LUCIISinger TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Mr. and Mrs. Markel i Mr. and Mrs. Corso i i i' YOU ARE HEREBY GIVEN NOTICE: I . i 1. That it is the 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 ad'ace t to your r perty a d is d s- cribed as follows: North by Private Road, East by Markel , Sou�h 6y Deep F�o�e Cree�C an� West by Corso -- 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Residential 4. That by such Petition the undersigned will request the following relief: to build closer than 75 feet from Ti 4 wetlands... i I' 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X 1 section 1 a _1 i q_.2 R I E ] Section 280-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman ewspapers published in the Town of Southold and designated for the publication of such notices; that you r y ur representative have the right to appear and be heard at such hearing. Dated: September 4, 1985 Donald W. s'nge nd Judith L. Luchsinger B y Petitio er r anner Olsen Owners ' Names : Post Office Address P. 0. Box 706 Cutchogue, New York 11935 ate have studied the plans submitted for the remodeling of the waterfront side of the Luchsinger home and feel that they are necessary for the adequate use of the premises and that they do not pose a threat to the wetlands. ',de urge that an appropriate variance be granted. 9/14/85 cE\a i �z PROOF OF h1AILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. and Mrs. Markel Lupton Point, Mattituck, New York 11952 Mr. and Mrs. Corso R. D. 2 Box 80, Mattituck, New York 11952 I ' "111•YI I' tr . I STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: residing at _ being duly sworn, deposes and says that on the day of 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- face at that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before-rne this j day of , 19 Notary Public (This side does not have' to be completed on form tr, smitted to adjoining praperty owners , ) did fdr� �� s9• i r f � i 13 ' e-r 7 4/C hl Deck TO ps `lJrtE�TEl7 c S - ZX � freaew 2 x S 'LA) eo �4 .._......__.-'- v. v-44 / L � �-hSirL �Y® 1doo� ��� ---------- be s V►� :Aj s�eetn9 y 2 2xg heu�e SG,Q�f-;t,{� A 7TSTry z p�y Stiff f /wr 2k� %ter,•,,'% fir l fi� --_ - -- - _-;; � ec P o/ � - 3z -- Luc%s -- Joo�-- �ls— t l I I � L \ LO •�=- V-e ifs � - -- � I t = _ N.O�'.0..^,is 5.�,^..te K'/ j `N�':�J.^,a=.—•:`�• :I� LI LI LE N „d ene,r o e_dhoo, 3 4,'� Now York State l, C.- J�aerveY nwe riot baerirq emroes+d aeM anon rqt Ee o-kWed ro ce a.��d true coot. ,O i' 21Cir,,,�• -C r J) . G—anreea rt S ted hereon SM11 ttett �`Jt,' .•w rM n.+aon for whom the survey i -warts e:n on hia belief!to the .rnosM.pov.enmantnl eg.-f and �. �nwneez lined fwreon srd .`.T of the lending Inttl- 1 t Gnanxeeea era roI transfem �p,MP A7 bN ` -,V.4 - i ^.rtwnei n-trturwna w eubsepuant I .e.i>�a �— _.+,..fr C;T-:_�AA/��`'4A1.. L.� :�:�' �•'�>`..'�C.. `�; C - r7.io ��t"'. il' !!=L/'✓L. .rl,` — Li:J i_� _ .J.___-_^'1.'r/ MAP GARY FFLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 516 734-7666 September 3, 1985 Re: Luchsinger - Variance File # 4034 Gentlemen: Please be advised that I represent Dr, and Mrs. Luchsinger who seek to construct an addition and deck on bulkheaded property which construction will be less then 75 feet from title wetlands. I am enclosing herewith, a copy of the proposed addition, deck and survey, and hereby request that you waive jurisdiction.' I am this day submitting an application to the Zoning Board of Appeals and it will require a letter from you waiving jurisdiction. Very truly yours 0 GF0: 1mm Enclosures Southold Town Trustees Main Road Southold, New York 11971 l Town Hall, 53095 Main Road P.O. Box 728 1 Southold, New York 11971 JUMTH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 4, 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning -Appeal No . 3397 application for a variance by Ju:di'th' and Donald Luchsinger. Also included is Notice to Adjacent Property Owners; letter relative to N.Y.S . Tidal Wetlands Land-Use; short environmental assessment form; . tax map; copy of Application for a Building Permit and Notice of Disapproval from the Building Department of same; plans; survey; and letter to Southold Town Trustees . Judith T. Ter '!Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL'-:',F.RO'' ",QEG;ISI;ON `OF BUILDING INSPECTOR APPEAL NO. S3%7 DATE September 1985 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Donald W. Luchsinger and 1;. (We) Amdi.th.l....Luchsinger singer......................... (.. ).......!. na..#. Luptan..P.ai.nt............................... Name of Appellant Street and Number Mattituck New Y ,,..,,,,,HEREBY APPEAL TO ............................................................................................. ....ork,.. 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 Dona10A.,.1.u.0.s.0ge.r...a.rid..J.udi.th..L....Luchsinger Name of Applicant for permit of (n4.#)...LuPtQn..P.Qint....................Matt.ituck..................Rew..Y.Qrk..................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) VARIANCE 1. LOCATION OF THE PROPERTY ..Private right-of-way, Lupton Point, Mattituck Agric/ Street Use District on Zoning Map Resid. Map No. Lot No. Suffolk County Tax Map # 1000-115-11-16 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- I section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XI Section 1000_119-2-R ` 3. TYPE OF APPEAL Appeal. is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. • PREVIOUS APPEAL A previous appeal R)m) (has not) been made with respect to this decision r,t of the Building Inspector or with respect to this property, Such oppeal was ( ) request for a special permit ( ) request for a.variance and was made in Appeal No. ................................Dated .................................................................. ... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X ) A Variance to the Zoning Ordinance is requested for the reason that applicant seeks to construct an addition less then 75 feet from tid6l_ wet lands on bulk headed property as shown on a survey by Roderick Van Tuyl dated May 8, 1985. Form zBt' (Continue on other side) AA— REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDIt',IANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant .seeks to construct an addition to an existing house. Due to the fact that said construction will take place less than 75 feet from wet lands, this variance is requested. Due to the fact that property is bulkheaded there will be no adverse effects to the wet lands. 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 applicant seeks to build an.. addition on bulkheaded property which would not result in any adverse effects on wet lands. Due to the fact that there is no exception in the Town Zoning Ordinances relieving a property owner from having to apply for a variance, even though the property is bulkheaded this application is necessary. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there is already existing on the premises a residence and applicant simply seeks to put on an addition to same, including a deck, which addition and deck would not change the character of the neighborhood. RAIN;�RO N Na48Zf39 9NGwYottc cumi8ed in suffow County Commission Expires March 30,1OZ7 i` 4Gary STATE OF NEW YORK % /„ss ... ................................... ......COUNTY OF Suffolk > Olse�',MuS torney for Luchsinger Sworn to this ........4th................................. day of.......September.................................. 19 85 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Donald W-. Luchsin4er and Judith. L. NOTICE uc singer TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Mr. and Mrs. Markel Mr. and Mrs. Corso YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board.of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your r perty a d is d s- cribed as follows: North by Private Road, East by Markel , South ,by Deep Hpo�e, Cree�C anu West by Corso 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Residential 4. That by such Petition, the undersigned will request the following relief: to build closer than 75 feet from Tidalz wetlands. 5. That the provisions of the Southold.Town Zoning Code applicable to the relief. sought by the under signed are . Article X 1 section—' i on-i 19- 2 R [ ] 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) .7E5-1809. 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 Travel er=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: September 4, 1985 Donald W. Luchsinger and Jud.ith L:. Luchsinger B Petitioner ary Flanner 0 sen Owners ' Names : Post Office Address P. 0. Box 706 Cutchogue, New York 11935 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. and Mrs/Wlla1 Lupton Point, Mattituck, New York 11952 Mr. and Mri SPrs:v-. . R. D. 2 Box 80, Mattituck, New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Lorraine.Mauro ,,... . ... residing:at 2140 ,`Delmar Drive Mattituck, New:.York , being Auly sworn, deposes and.says that on the. 4th day of September , 19 85 , deponent mailed a true.copy of.the Notice set forth.on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at _ Cutchogue, New York ; that said Notices were mailed to each of said persons by (certified) (neXD6Xeield) mail. Lorraine Mauro Sworn to before a this 4 day of Se t m r , 19 85 Notary Public GARY FLANNER OLSEN Not*Public,State of New York No.52-2959600 Qualified in Suffolk county Commission Expires March 30, 19,L/ (This side does not have' to be completed on form transmitted to adjoining property owners.. ) _ September 4, 1985 (Today ' s Date) To : Southold Town Board of' Appeals Main Road Southold, NY 11971 Re : Appeal Application of Donald W. Luchsin er and Judith L. Luchsinger Location of Property: _(no #) Lupton Point, Mattituck, New York Dear Sirs : In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ X ) PIay be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. * [ ] May be "located within 300 feet of tidal wetlands ; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs , and approximately feet in length. ( ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ l Play be located within 300 feet of tidal wetlands ; and there is no bulkhead or concrete wall exis`_ng on the premises. - [ ) Is not located within 300 feet of tidal wetlands to the best of my knowledge. * (Starred items (*) indicate o property does not appear to fall within the jurisdict ' n of the N .Y.S . D. E.C. ] Sinc -ly y urs, (Signat e please) NOTE: If proposed project falls wi n -D.E.C. jurisdiction, approval must be received and submitted to our office before your application can be scheduled for a public hearing. SHORT EN`1IR0MMENTAL ASSESSMENT FMM INSTRZT,10 r S: r (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the rn likely impacts of the action. It is not expected that additional studies, research 0 or other investigations will be undertaken. 0 (b) If any question -has been answered Yes the project may be significant and a u1 ccr,;pleted Environ,,,ental Assessment Form is necessary.. r` (c) If all questions have been answered No it is likely that this project is not significant. e1 (d) Environmental Assessment 1. Will project result in a large physical change .4 to the project site or physically alter more than 10 acres of land? • • • . • • Yes X No Ol r+ 2. Will there be a major change to any unique or unusual land form found on the site? . Yes _X No Z 3. Will project alter or have a large effect on an existing body of water? Yes y No b 4. Will project have a potentially large impact on 0 grolndwater quality? • • • • • • • • • . . Yes �x_ No 4J 5. Will project significantly effect drainage flow O on adjacent sites? . ,. . Yes X No 6. Will project affect any threatened or endangered b plant or animal species? . . . . .. Yes X No rt3 7• Will project result in a major adverse effect on Yes X No air quality? . . . 8. Will project have a major effect on visual char•- q alter of the community or scenic views or vistas X known to be importantNto the community? . . . Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological N � importance or any site designated as a criti,al X n' environmental area by a local agency? Yes No 10. Will project have a major effect on existing or 4A future recreational opportunities4 Yes X _ No 0 b 11. Will project result in major traffic problems or t+ cause a major effect to existing transportation systems? . . . . Yes X No rQ` 12. Will project regularly cause objectionable odors, tr` noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes Y_ No N 13. Will project have any impact on public health or safety'' Yes _X No 3 1L. Will project affect the existing community by O directly causing a ercwth in permanent popula- h tion of more than 5 percent over a one-year 10 period or have a ma . negative effect on the � er charact of the r._;� nit•, .r-neighborhood? . Yes X No +� 15. Is there publi co tro}cersy concerning the project? Yes X No O PREPAREn'S SI0!l;,T�R�' % l/ T'TLE: r. U) f „ REPRESENTING: Donald W. LGchsinger & Judith L. DATE: 9-3-85 9/u7e Luchsinger s -0P F -12 Y 65, 0 20' �-A T K--r9 45 'J E, A I(XIO FEN S. I r r.-C:T W. 0<S 5, 'ALE- 510z Una4j1hori7p,-+i0fterntion or edlition to thi.,sUrvAY is 0 Violation of Section 72CP of the Ne,4-.,York State ILI Education Law, C`Pi89 Of this surv9Y map not hearing the land surveyor's inked pool or embossed seal shall not be considered to to be a valid true copy. 0 Gualrontegs Indicated hereon ahsll run a 0 i3u et'la W - only to the Perron for whom the survey C Is prepared.and on his bsbail to the title company,Vowernmentsl e0ency and landing institution listed hereon and to the assignees of the lending inqti- tuzion.Guarantees are not tron '' . . —I Amp 1po r to Odditional inctitutinnr c,�-:11-CF-l-, c�- —�f GUA,1,?A-MkT" E1-` TO T�4E TF Ij J, z. L:.� 5,111<L A5 MAY8 P85 16 LJ :�t t ' CC'; TA-`/ to L" T-A 1 GCYJ i NOTICE OF HEARINGs NOTICE IS HEREBy GIVEN, PURSUANT to Section 267 of the Town Law and the Code of the Town of Seuthold, the follow- ·ing public hearings will,be held Bb~) the ~S~O .U~I-I~O_.LI~__ TOWN BOARD O~ at the ~seut-h°l~in Road, ~outhold, NY at a P~a~ar Meet- ~ng commencing at 7 30 p m on 1985, and ~- tollows: 7:35 PETER AND HELEN r vRIC- Appeal No. 3401 - Variance to the Zoning Or- dinance, Article III, Section 100- 31 for permission to construct ad- dition with reduction in total sideyard area, at 1250 Second St~et, New Suffolk, NY; County Tax Map District 100, Section 117, Block 07, Lot. 23. 7:40 p.m. JANE M. WREN - Appeal No. 3398 - Variance to the Zoning Ordinance, Article XI, Section 100-118(E) for per- mission to expand nonconform- ing building by more than 50% of fair value, at 3355 Seundview Avenue, Mattituck, NY; County Tax Map District 100, Section 94, Block 01, Lot 16. 7:45 p.m. WILLIAM NEDOS- ZYTKO - Appeal No. 3395 - Vari- ance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval ofinsuffi- cient lot width (road frontage) of this proposed 80,000 sq. ft. parcel to be set-off from 27.934 acres, located on the west side of Al- drich Lane, Mattituck, NY; County Tax Map District 1000, 124, Block 1, Lot. 2. ,.m. DONALD W. AND LUCHSINGER - ApZ Article XI, [19.2(B) for permis- sion to construct addition to with insufficient set- e ordinary highwa- Hole Creek, as 830 Lupton's Mattituck, NY; County Map District 1000, Section 15, Block 11, Lot 16. 7:55 p.m. HOWARD HOEY - No. 3391 - Variance to the Zoning Ordinance, Article III, Section 100-31, Bul Schedule, for approval of insufficient lot area and lot width ofoneparcel in this proposed division of land located on the south side of Main Road, Orient, NY; County Tax Map District 1000, Section 19, Block 1, Lot. 14.1 (14). 8:00 p.m. PHILIP G. HORTON - Appeal No. 3392 - Variance to the Zoning Ordinance, Article III, Section 100-31, and Article VI, Section 100-61, for the ap- proval of insufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District 1000, Sectior~ 85, Block 03, Lot 005. 8:05 p.m. THEODORE AND MARIE PETIKAS - Appeal No. 3389 - Variance to the Zoning Or- dinance, Article II, Section 100- 22(D) for permission to utilize en- tire premises (located partly in the "A" Residential Zone and partly in the "B-Light' Business Zone) for "B-Light" Busine~ use in accordance with Article VI, Section 100-60. Lo~ation of Prop- erty: Corner of North (Main) Road and Sound Road, Green- port, NY; County Tax Map Dis- trict 100, Section 35, Block 01, Lot 8. The Board of Appeals will hear at ~aid time and place all persons desiring to be heard in each of the above matters. Written com- merd~ may al~o be submitted prior to the conclusion of the hearing in question. For more in- formation, please call the Office of the Board of Appeals at 765- 1809 (alt. 1802). BY THE ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRM&N DATED: September 12, 1985 1TS23-5024 STATE OFNEW YORK ) ) SS: COUNTY OF SUFFOLK ) _~ary K. Degn&n of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published st Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 2 6 dsyof September 19 85 Swornn~ne~m~~tJbef e m this '~ ~ ]~0 - ~ ~BLIC, State of d NOTICE OF HEARINGS ~iN~E IS HEREBY EN, pursuant to Section 267 of the Town LaW und the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Sunthold Town Hall, Main Road, Southold, NY at Regular Meeting commencing at 7:30 p.m..on THURSDAY, OCTOBER 3, 1985, and as follows: 7:35 p.m. PETER AND HELEN PURIC - Appeal No. 3401 - Variance to the Zoning Ordinance, Article ltl, Section 100-31 for permission to con- struct addition with re~ucticn in total sideyard area, at 1250 Second Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 07, Lot 23. 7:40 p.m. JANE M. WREN - Appeal NO. 3398 - Variance to the Zoning Ordinance, Article Xl, Section 100-118(E) for per- mission to expand noncon- forming bulb. ding by more than 50%!'~- ~ '~U~, r ~t. 3355 Soundview Avenue,, Matti- tuck, NY; County Tax Map District 1000, Section 94, Block 01, Lot 16. 7:45 p.m. WILLIAM NEDO- SZYTKO- Appeal No. 3395- Variance to the Zoning Ordin- ance, Article Ill, Section 100- 31, Bulk Schedule, for approv- al of insufficinnt lot width (road frontage) Of this propos- ed 80,000 sq. ft. parcel to be set-off from 27~934 acres, lo- cated on the west side Of Aldrich Lane, Mattituck, NY; County Tax Map District 1000, Section 124, Block 1, Lot 2.. AA7:50 p.m. DONALD W. D JUDITH LUCHSINGER - pea~.No. 3397 - Variance to le Zoning Ordinance, -Article , Section 100-119.2(B) for permission to construct addiJ~- ion to dwelling with insuffi¢ tent setback from the ordinat~y highwater mark along Deep ~sole Creek, premises known 820 Lupton's .Point, Matti- tuck, NY;County Tax Map District 1000, Section 115, ~ck 11, Lot .16, :55 p.m. HOWARD HOEY - Appeal No. 3391 - Variance to the Zoning Ordinance, Art- icle III, Section 100-31, Bulk Schedule~ for approval of in- sufficient lot ~rea and lot width of one parcel in ~.,pl'oposed division of 1~ o~e south alde~.'~ ' ~'~, Orient, NY; County Tax Map District 1000, Section 19, Block 1, LOt 14.1 (14). 8:00 p.m. PHILIP G. HOR- TON - Appeal No. 3392 - Variance to the Zoning Ordin- ance, Article m, Section 100- 31, and Article VI, Section 100-61, for apprOval of in- sufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 8~,, Block 03, LOt 005. 8:05 p.m. THEODORE AND MARIE PETIKAS - Appeal No. 3389 * Variance to the Zoning Ordinance, Article I1, Section 100-22(D) for permiss- inon to utilize entire premises (located partly in the "A" Residential Zone and partly in the"B-Light" Business Zone) for "B-Light" Business use in accordance with Article VI, Section 100-60. Location of Property: Corner of North (Main) Road and Sound Road, Oreenport, NY; County Tax Map District 1000, Section 35, Block 01, LOt 8. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the con- clusion of the hearing in quest- ion. For more information, plase call the Office of the Board of Appeals at 765-1809 (alt. 1802). Dated: September 12, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE kONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ........................... weeks successively, commencing on the , qd day of .... c Sworn to before me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 48,(~846 Qualified in Suffolk County ~_~ Commission Expires March 80, 19