HomeMy WebLinkAbout30902265 King St., Orien~ ~ ~ 3/23/83
CA-erect fence exceeding the maximum height
requirement of 4' within the frontyard area.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3090
Application Dated February 24, 1983 (Public Hearing held
TO:
Rudolph H. Bruer, Esq., Attorney for
MR. CHESTER M. MAYER
Main Road
Southold, NY 11971
3/23/83)
[Appellant(s)]
APRIL 27, 1983
At a Meeting of the Zoning Board of Appeals held on
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 Zoning Ordinance
Article III , Section 100-35A
[ ] Request for
The public hearing concerning this application was held on March 23, 1983.
Upon application for CHESTER M. MAYER, 2265 King Street, Orient, NY,
by Rudolph H. Bruer, Esq., for a Variance to the Zoning Ordinance, Arti-
cle III, Section 100-35A for permission to erect fence exceeding the
maximum height requirement of four feet within the frontyard area at
2265 King Street, Orient, NY; County Tax Map Parcel No. 1000-26-2-43.2.
The board made the following findings and determination:
By this appeal, appellant seeks to maintain an existing six-foot
high stockade-type fence along an 50-56' portion of the southeasterly
boundary of the subject premises which is deemed to be within the
frontyard area.
The premises in question is a 40,131 square-foot parcel located
at the northeasterly side of King Street, Orient, having frontage of
200 feet and an average depth of 201.74 feet, and is improved with a
one-family, two-story frame dwelling set back approximately 82' from
King Street.
Upon inspecting the premises and adjoining properties, the board
finds that the premises to the east of the subject property has con-
structed thereupon a one-family dwelling set back from King Street
approximately 22 feet, and technically the neighboring premises would
be able to have the same relief requested by this application without
a variance. It is the opinion of the .board that the relief requested
herein is not unreasonable under the circumstances.
In considering this appeal, the board determines tbat the variance
request is not substantial in relation to the requirements of zoning;
that the circumstances are unique; that by allowing the variance
no substantial detriment to adjoining properties will be created; that
the difficulty cannot be obviated by a method feasible for appellant
other than a variance; that the relief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
manner in which the difficulty arose and in consideration of all the
above factors, the interests of justice will be served by allowing the
variance as indicated below.
(CONTINUED ON PAGE TWO)
DATED: May 12, 1983.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOW/~ ZONING BOARD
OF APPEALS
Page 2 -Appeal No. 3090
Matter for CHESTER M. MAYER
Decision Rendered April 27,
1983
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3090, application for CHESTER M. MAYER,
for permission to maintain (or re-erect) six-foot high fence extending
along an area near the southeasterly line of the premises, BE AND HEREBY
IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION:
That the six-foot fence shall not be erected any closer than
36' to King Street along the southeast property line.
Location of Property: 2265 King Street, Orient, NY; County Tax
Map Parcel No. 1000-026-02-043.2.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent due to illness.) This
resolution was unanimously adopted.
R~C~,~,~D AND FILED BY
THE ~? .....~"~
~',~ ~,~ TOWN cr.v. RK
DA~ EOUR
Town CLr~. Town of ~7outhold
Chai~an Board of Appea
o��cwFF01,��0�
O
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
NOTICE IS HEREBY GIVEN, pursuant to Section 276 of -the Town Law
and the Provisions of the Amended Code of the Town of Southold, a
Regular Meeting and the following public hearings will be held by
the Southold Town Board of Appeals on WEDNESDAY, MARCH 23., 1983
commencing at 7 : 30 p_.m. and as follows:
7 :30 p.m. Application of JAMES AND DORIS IDLER, 27 Anoatok
Drive, Huntington, NY 11743 for a Variance to the Flood Plain
Management Law, Chapter 46 , Section ,46-7 for permission to utilize
area below the eight-foot minimum-required elevation for placement
of electrical utilities and equipment in this A-7 Flood Zone.
Location of Property: 1010 Maple Lane, East Marion, .NY; Cleaves
Point Filed Map 4650 , Subd. Lot 60; County Tax Map Parcel ID No.
1000-035-05-027.
7 : 35 p.m. Application of JOHN AND LINDA KOWALSKI, 404 .Atlantic
Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-31 for a Certificate of Occupancy of Lot No. 3 of
Minor Subdivision of Christine King, Map No. 117 , with an adjustment
of lot line between Lots 3 and 4 , leaving insufficient .road. frontage
for Lot No. 3 and leaving an insufficient sideyard setback from the
existing dwelling on Lot No. 4. Each parcel contains an area
exceeding one acre. Location of Property: West side of Ole Jule
Lane, Mattituck, NY; County Tax- Map Parcel ID No. 1000-114-12-013. 3
and 013. 4 .
7 .40 p•m. Application .of JOHN AND FRANCES DiVELLO, Drawer 1402 ,
Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance,
Article VIII, Section 100-80A for permission to construct one-family
dwelling in this "C-Light .Industrial" -Zone. Location of Property:
605 Mary' s Road (a/k/a 305 Hill Street) , Mattituck, NY; County Tax
Map Parcel ID No. 1000-140-02-032.
7 :45 p.m. Application of ANN WYDEN and PEGGY HELLER, One
Harris Court, Great Neck, NY 11021 for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for permission to construct
screen-porch addition with a reduced rearyard setback at 2015 Bay
Avenue, East Marion, NY; County Tax Map Parcel ID No. 1000-31-17-002.
• 'r r
Page 2 - Board of Zoning Appeals
Legal Notice of Hearings
Meeting to be Held 3/23/83
E
. Application of CHESTER M. MAYER, 2265 King Street,
r a Variance to the Zoning Ordinance, Article III,
35A for permission to erect fence exceeding the maximum
ement of four feet within the frontyard area at 2265
Orient, NY; County Tax Map Parcel ID No. 1000-026-02-
7 : 55 p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard
Lane , Southold, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-31, Bulk Schedule , for permission to construct
extension reducing the rearyard setback and exceeding the 20o maxi-
mum allowable lot coverage at 910 Old Shipyard Lane , Southold, NY;
Founders Estates Map 834 , Subd. Lot 91; County Tax Map Parcel ID
No. 1000-064-04-0022.
8 :00 p.m. Application of NORTH FORK BAPTIST CHURCH, C.R. 48,
Mattituck, NY (by Gerry L. Horton) for a Variance to the Zoning
Ordinance , Article III, Section 100-31. for approval of lot having
insufficient area and frontage along Westphalia Road. Location
of Entire Premises : C.R. 48 and Westphalia Road, Mattituck, NY;
County Tax Map Parcel ID No. 1000-121-02-021. 1.
8 :05 p.m. Application for GEORGE AND SYBIL PENNY, $y Skinny
Dip Pools Inc. , Box 108 , Mattituck, NY for a Variance to the Zoning
Ordinance , Article III, Section 100-32 for permission to construct
swimmingpool and fence in the front and side yard areas at 9305
Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-
59-6-21.
8 :10 p.m. Application of FRANK AND BRENDA CICHANOWICZ , Lupin
Drive and Skunk Lane, Cutchogue, NY for a Variance to the Zoning
Ordinance, Article III, Sections 100-32 and 100-35 , for permission
to construct accessory swimmingpool , detached garage, and fence
exceeding the maximum-permitted four feet within the frontyard area
at 255 Lupin Drive and 4135 Skunk Lane, Cutchogue, NY; Hickory Acres
Map 3325 , Subd. Lots 1 and 2; County Tax Map Parcel ID Nos. 1000-97-
9-15 and 16 .
8 :15 p.m. Rehearing in the matter of ANN O' SULLIVAN, by
Rudolph H. Bruer , Esq. , Main Road, Southold, NY for a Variance for
approval of access pursuant to New York Town Law, Section 280A.
Location of Parcel in Question: 5692 Main Bayview Road, Southold, NY;
County Tax Map Parcel ID No. 1000-78-4-41. 2.
8 : 25 p.m. Application for PORT OF EGYPT ENTERPRISES, INC. ,
Page 3 - Board of Zoning Appeals
Legal Notice of Hearings
Meeting.-,to be Held 3/23/83
62500 Main Road, Southold, NY (by George A. Cottral) for a Variance
to the Zoning Ordinance, Article VIII, Section 100-80A for permission
to construct addition with an insufficient frontyard setback and to
use proposed addition for retail sales. in this ' "C-Light Industrial"
Zone. Location of Property: 62500 Main Road, Southold, NY; County
Tax Map Parcel ID No. 1000-056-06-006 .
Any person wishing to be heard concerning the above matters
should appear at the times and place above specified, or he may
contact the Secretary at 7QS-1809 (or 1802) .
Dated: March 11 , 1983. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
---------------------------------------------------------------------x
Instructions to Newspapers :
Please publish once, to wit, Thursday., March 17 , 1983 and forward
affidavits of publication to: Board of Appeals , Main Road, Southold,
NY 11971 on or before March 22, 1983.
---------------------------------------------------------------------x
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
FileNo. . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . Date . . . . . . . . . . . .. 19 .d
PLEASE TAKE NOTICE that your application dated 19 .
for permit to construct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at
Location of Property
House* )Vo. �0 . . Street*
County Tax Map No. 1000 Section . . . . . 0 Block . . . . . . . . Lot
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . ... . . . . . . . . Lot-No. . . . . . . .
is returned herewith and disapproved on the following grounds
. . . . . . . . . .
4,7'
44uildiing Inspector
RV 1/80
-7 -1
5c-C_
3. Nature of,}vork (check which applic ): New Building . "' . . . . Additiole 1�' . . Alteration ' . . . . .
Repair . . . . PC. . . . . . . Removal . . . . . . . , Demolition . . . :.�. . . Other Work . . . ..�/V_C_ . .
(Description)
4. Estimated Cost . . . . . . .�U�i .C.. .y. . . . . . . . . . . . . . . . . . . . Fee.. . �. .C. . . . .
(to be paid on filing this application)
5. If dwelling,number of dwelling units . . JWVC . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . .
If garage, number of cars . . . . . .�(J7.1,
6. If business, commercial or mixed occupancy, specify nature Pnd extent of each type ofyse . XC?it
7. Dimensions of existing structures, if any: Front . 2_ . . . . . . Rear . . . . . . . Depth . . C7/ .
Height . . . . . . . . . . . . . . . Number of Stories . . v<1(U. . . . . . . . . . . .
Dimensions of/�alme structure with alterations or additions: Front /U/9-. . Rear . . y .
Depth . . . . . . J . . . . . . . . . . Height . . . . . . . . . . . . . . . . Number of Stories . ..e �. .
8. Dimensions of entire new construction: Front ./VTR. . . . . . Rear . . . . - . . - . . Depth
Height . . . . . 1i /.A—_-. Number of Stories �/�. .
9. Size of lot: Front .. `�.4�C� t Rear . . .�Z.0Q6 . . . . . . . . . . . . Depth .I.��S.� . �.r'���. . . . .
10. Date of Purchase . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . / _
11. Zone or use district in which premises are situated . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
12. Does proposed coiistruiion'violate any zoning law, ordinance or regulation: .,2$.J.� . . . .
13. Will lot be regraded . . . . ./)V.a . . . . . , . . • . . . . . . Will excess fill be removed from premises: Yes 11,:
14. Name of Owner of premises . . .lr.( �. �• t"fi�• ddress . . !! J, � v/�/.t.� ��d' one No. 3'� .�X�.z
Name of Architect . . . . .;114. . . . . . . . . . . . . . . . . ddress . .�'�'. !.�7. . .7(� . .;phone No. . . . . . . . . . . . . . . .
Name of Contractor . . . /tl•./*)-: . . . . . . . . . . . . . . . . . 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.
) . c;
r
nle,qa17-
1
LT q
STATE OF NEW YORK,
S.
_OUNTY OF . . �t.r=��!�. . . . . . k(NC� 5tf�l�fL i `�
. . . Itt�Tri�. • • • • . . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant(Name :)f.ndnidual tigniiig contract)
above named.ie is the . . . . . . . . .0 (/YN
I
(Contractor,.agent, corporate officer, etc.)
)f 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
vork will be performed in the manner set forth in the application filed therewith.
worn to before me this
. . . . . . . .lax,. . . . . . . . . . .day of !����i�l2YJL:. . . . . 19 u ti
lotary Public, . . 4� - . �?- • ount
EI.AINA C. GASSER A Y
Notary Public, State of Nove Yn•k.
o. 24-499224? . . .
cerli,_ralc ,:?cu ;�r�'e v Ynrl: (Signature of applicant)
Commission E--Tires \March (. •_ 3
+ FORM NO. 1
TOWN OF SOUTHOLD
_ BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1802
Examined . . . . . . . . . . . . . . . .. 19 . . . Application No. . . . . . . . . . . . . . . . . .
Approved . . . . . . . . . . . . . . . .. 19 . Permit No. . . . . . . . . . . .
Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date . . �. ... . •. . . . . . . . ., 19
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 issued a Building Permit to the applicant. Such permit
ahall 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.
The applicant agrees to comply with all applicable laws, ordinances, `din code, housing code, and regul ' ns, and to
admit authorized inspectors on premises and in building for necessary i ti s. /��//
(. . 1-.V.
( gnature of applicant, or n , if a corporation)
:r N , 1 `r.,v . . . . . . . ...
(Mailin�address of applicant)
State whether applicant is owner,lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
. . rF.... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CES
Name of owner of premises • . . ... . .. ... ... . . AM 611 Ef1�1 .
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name and title of corporate officer)
Builder's License No. . . . . . . . . . . . . . . . . . . . .
Plumber's License No. . . .
Electrician's License o. . . . . . . . . . . . . . . . . . . . . .
Other Trades License No. . . . . . . . . . . . . . . . . . .
1. Location of land on which proposed work will be done. . . �. . . �. . . . . . . . . . . . . . . .
2�? . . . f`! L G-. . . - Ei. --. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0�1. . . . ::. . . . . . , . . .
House Number Street / Hamlet [�
County Tax Map No. .1000.Section . . . . . . . . . . ..�`. . . . Block . . . . .�-. . . . . . . . . . Lot . . • ! .9.. � . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. JQ R . . . . . . . . . Lot . .jv . . . . ... . . .
(Name)
2. State existing use and occupancy remises and intended use and occupancy of proposed construction:
a. Existing use and occupancy . . . . . . .`. . . . . . . . . . . . ... . . . . . . . . . . .
b. Intended use and occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. RECEIVED
TOWN OF SOUTHOLD, NEW YORK APIP AL FROM DECISION OF BUILDING INSPECTOR APPEAL NW,� '
Town Clerk Southold'*-. DATE .......2/2...3/83
....................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 (We) CH.ESTER M. MAYER of 2265 King Street
......................................... .......................................I..............
Name of Appellant Street and Number
...................rient..... ......... ...................................... ....N•Y...............HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED ...December 11, 1982
......................... ......................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
CHESTER M. MAYER
.................................................................................
Name of Applicant for permit
of 2265 King St. , Orient, N.Y.
...........................................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X ) PERMIT TO CONSTRUCT
1. LOCATION OF THE PROPERTY 2265 King St. , Orient "A" Res./Agri.
... ...................................................
Street Use District on Zoning Map
N/A
.................................................................................
Map No. Lot No.
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 III, Section 100-35 A
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 Rxx) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such oppeol 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
( ) maintain
is requested for the reason that Appellant desires to azmak a 6 ft. high stockade
type fence along ah 8� ft. portion of the property ' s southeast boundary,
extending partially into the front yard area of the property.
AFol*,rn zBl
(Continue on other side)
d3layl8
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because applicant would be unable to create the privacy
he desires between the subject premises and the adjacent property
to the southeast.
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 .dwelling on the .applicant' s
property has a front yard set-back from King Street of 82 feet, whereas
the dwelling on the premises- -to the southeast sits practically on the
road. This situation creates a serious lack of privacy which cannot
be alleviated by restricting the fence to the side yard of the premises.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because both the applicant' s dwelling and the
dwelling on the adjacent property to the southeast remain clearly
visible from either direction on King Street. The fence creates
no obstruction to visibility except as desired between the adjacent
properties.
STATE OF NEW YORK )
.ss .............................................
COUNTY OF SUFFOLK ) - Si nature
Mary. Diana .Fo4ste : for_-Rudolph H.._:BruerA, Esq.
1 = Attorney or Appellant
— A tt ey f
Sworn to this ..................
CRA.....................:...... day of..... 19 83
...................
Notary Public
Ili ;�9BI!�OHM AN
NOTARY PUBLIC,STATE OF NEW YORK
RESIDING IN DUTCHESS COUNTY
NO.460260e
COMMISSION EXPIRES MAR.30.19
in
C, jNAUTHORIZED ALTERATION OR ADDITIOJ
` L STQzy 'e rO THIS SURVEY IS A VIOLATION OF C
t '*'• 2-s{3• SECYION K09 OF THE NE\'d YOP.K STl-
' 'G ^,— t ,�`� �,.'t EDUCATION LAW.
op-
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\ � � .5• COPIES OF P-:15 SURVEY Pr.AP NOT SE.'�Rlt
THE LAP D SU..Vc'i OR'S ql!K*-D S_AL OR
EMBOSS:D SEAL NAI.. L'E CONSIDERE0
!'[1 /t - Il.i ,•" TO DE A VALID T:.UE Cii:'Y. !.
,
"ram GUARAi;T,ES i?:D!CA:_D�t:S.:..r!.StIALL Rl
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�`\ C1 es TITLE COM AN'., GJVE;i1P:iEP;i r\i.AG::NCY ANC
L,lf Ll^- _�^t iri ,.a LENDING INSMUTION UST fi_D:^ON,
TO THE ASSIGNLES OF THa SEi:DJNG INST11
TUTi01�. GUAr:Ah:i EES Ai:a Id01 Tr:A1J5FEi.,�.Ll
"O ADDITIONAL!NSrITUTIOIV5 OR-SUBSEQGEIA,
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,J ,may ___.—
4 i Southold Town Board of
� Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TEI_FPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
May 13 , 1983
Rudolph H. Bruer , Esq.
Main Road
Southold, NY 11971
Re : Appeal No. 3090 - Chester M. Mayer
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
CHAIRMAN -
Enclosure By Linda F. Kowalski
Copy of Decision to Secretary
Building Department
ATTORNEYS AT LAW
MAIN ROAD
SOUTHOLD,NEW YORK 11971
LEFFERTS P. EDSON (516)765-1222
RUDOLPH H. BRUER March 24, 1983 (516)765-250❑
Southold Town Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re : Appeal of Chester M. Mayer
Gentlemen:
As you directed at last night ' s meeting, we enclose herewith
the following :
1. Copy of deed dated 2/7/74, made by N. Douglass Lathem
and Audrey E. Latham, his wife, to Pierre-Andre Gazarian, re-
corded 2/25/74 in Liber 7593 page 439.
2. Copy of title .policy (8008-272497) issued by Foremost
Abstract Inc. referring to Covenants and Restrictions contained
in the above deed.
3. Copy of deed dated 4/9/81, made by Pierre-Andre Gazarian
to Chester M. Mayer, .recorded 4/29/81 in Liber 8995 page 111.
This deed refers again to Covenants and Restrictions contained
in Liber 7593 page 439.
You will note that the Covenants and Restrictions contained in
the Latham/Gazarian deed make no reference to fences or the
height thereof.
Sincerely,
TRuolph H. Brue r
RHB/df
Encs.
CONSULT YOUR LAW';-- —EFORE SIGNING.THIS INSTRUMENT—THIS 11; UMENT SHOULD BE USED.BY LA►WYbR3 ONLY:
IIBER 7593. ,
4�39
THIS INDENTURE, made.the day of February nineteen hundred and seventy-Cctttr,
BETWEEN N. DOUGLASS LATHAM and AUDREY E. LATHAM,•' his wife; I»tli
'o- .residing at.120 Fourth Avenue, Haddon Heic;llts, New Jersey,
"Y � o G3'
party of the first part, and PIERRE-ANDRE' GAZ:\1tL1N, residing at 20 Beekman Place,
New York, New York,
A! ESTATE :' TATE Of * s:
ua .-i:cr) EK likti r:.: iIGYY (URK
.� � .Y, - - .t`.,O ..•J 1..n� ..t (ter "• �r�r';.••J ,.. 7 '• C �j * _.
,H
.n`ram.: " •. .•, 1. ,i ll; i
M party of the second part,
WITNESSETH, that the party of the first part, in consideration of
ONE and no/100 ----- --
-
($1. 00)- ----- . --------------------
•� -. ----------------------•---.--dollar ,
t' jft
: lawful.money of the United States, and'other good and valuable considera tion Maid
V t
by the party of the second part, does hereby grant and re:ease unto the part- of the second part, the lu-irs or
successors and assigns of.the party-of the second part forever.
AIJ..that certain plot, piece or parcel of land, with the buiidinas and improvements thereon erected, situate,
lying and being XxXx at Orient,. Town of Southold, County Of Suffolk and State of.tlV,ew:Y;
York, bounded and described as. follows:
BEGINNING at a point on the northeasterly side of King Street where the .same
is intersected by the division line between the norfherly side of land now or former
of R and M Schnoor and the southerly side of the hereinafter described parcel;
.running thence along the northeasterly side of King Street North 40 degrees 00
minutes 10 seconds West 200 feet to 1a.nd now or formerly of the party of the first
part; thence- North 49 degrees 5:9 minutes 50 'seconds East 215. 59 'feet to the
westerly side of land-now or formerly of Vilna Estates',. Inc. ;' thence along said
land, South 32 degrees •01 minute 50 seconds East 1'99. 92 feet to .the northerly side
of land now or formerly of R and•M Schnoor;`• and thence.along said land, South
49 degrees 22 minutes 50 seconds West 187. 89 feet to the northeasterly side of
King Street,. -at the point or place of beginning.
The conveyance is made upon the express conditions and the party! of the
-second part, for himself, his heirs or assigns does hereby covenant and agree
to and with the. parties of the first part, their heirs or assigns, as follows:
1. That no structure other than one single family dwelling with a private
garage shall. be erected. or caused to be erected upon the premises.
2. That the exterior of all structures erected upon the premises shall be
-completed.within one (1) year from the date of-the commencement of construction
thereof....
3. That no structure shall be erected or structurally altered in such manner
as to alter the exterior. appearance of the structure on the premises until the
plans and specifications therefor and a plot plan showing the location`ther.eof on
the.premises are approved in writing by the parties of the first part;, or a person
designated by the parties of the first part for such purpose. The"parties of the.
first part uo�•e:ttttui and agree that such apprwwals Will iiol. be unreasonably with-
held and'.that the parties of the, first part V:•il I 'Act upon .such requests or approvals
within a reasonable period of time..
y IBER7593 Pa w
4. That the foregoing covenants and restrictions are to run with the land an(
shall be biiidind up011 the party of the second part, and his heirs and assigns..
Y t Mi.
As
:2 3 4
qrrIC9.FILE.NUM91XR,, POLICY NUMBER DATE OF POLICY, "t
AMOUNT,OF INSURANCE
Fee
z,4,,
72497 33 027 07 03128 4-10-81 $921,000.00
HR. POLICY NUMBER
R DATE OF POLICY AMOUNT Of!IN�URANCIZ
272497, 33 '027. 12,V478 4,! 1Q-81 $40000P.00
J
of nsun*�-: Chester, H.,
'n
r
e C$ interest insured by this policy is FEE SIMPLE
vested in.the insured by meads of
0, -DEED`FR0W-.-;P44rer16n14 47P -w&] "d 9 Mqrded with the folk County Clerks -
.
SCHEDULE A
nevremises ip which.,,.,the,-in$ur,ed'has,,;the,estate orAntcrest:c.overed by this policy is described on the descriptionsheet
is 811l1cJCt ,
"d
SCHEDULE B
The"IbUo*ing, estates, interests; defects, objections to title, liens, and 4. Judgments against the insured or estates, interests, defects, objections,
and'other matters are exce ted.from the coverage of this liens or incumbrances created, suffered,assumed or agreed to b h
p 'y pu with
the privity of the insured.
Defects and incumbrinces arising or becoming a lien after the date 5. Title to any property beyond the lines of the premises,or title to areas
o,f.tlii.s�policj,except as herein provided. within or rights or easements in any abutting streets,roads,avenues,lanes,,
6n'se"q0ences of the exercise and enforcement or attempted enforce- ways or waterway
—2. C s, or the right to maintain therein vaults,tunnels,ramps
" ,,,;,.ment,of�,any.goyqmmenUkl,-war or police.powers over the premises. or any other structure or improvement, unless this policy specifically
3. provides that such titles, rights,or easements are insured.Notwithstanding
'.Any-.-laws,.'regulations or:.ordinances (including, but not limited to any provisions in this paragraph to the contrary, this policy,unless other-
zoning Milding,and.environmental protection) as to the use,occupancy,
wise excepted, insures the ordinary rights of.access and egress,;belon 'rig
sub ivisto,n:or.-IMPTqvement of the premises adopted or imposed by any to abutting owners. 91,
-)dy,:or.-.the.: effect of-any noncompliance with or any
10 Atlon� 6. Title to any personal property,whether the same be attached to or used
in connection with said premises or otherwise..
t-
'*SEE ATTACHED*
.4
A:
r .Clmte I r8ilow
NOTE: ATTACHED HERETO-
ADDED PAGES.
Name
IV FORM 3265
p.
ATTORNEY'S COPY
-.. ...v ,�`r,.t?r -` xc ➢ tip'. .`1 ;tl . ..t ;..��.- „ .. - ., .. 1 a..._....x.`A�'r..�x;.y.. .. ' ' .,..'i . .. ..w'
page 2
Title No. 8008-272497
7. Mortgage made by Chester M. Mayer to the .Southold Savings Bank, dated
4-10-81 in the amount of $40,000.00 and recorded in the Suffolk
County Clerks -Office.
8. Survey made by Roderick Van Tuyl , P.C. dated January 20, 1981 shows
a two story frame house. Fence on or near the southwesterly lot line.
9.. Covenants anq restrictions contained in deed recorded in Liber 7593
page 439.
For Information Only
1980/81 Town and School Taxes: $1296.58
<: Paid in full
Prior paid ,
Water Charges, if any, not included.
SCHEDULE A — Description
TITLE NO: 8008_272497
ALL that certain plot, piece or parcel of land, situate, lying and
being'.at Orient,. Town of Southold, County of Suffolk and State of New York, .
bounded and described as follows :
BEGINNING at a point on the northeasterly side of King Street where
the same is intersected by the division line between the northerly side of
land now or formerly of R. and M. Schnoor and the southerly side of the
hereinafter described parcel ;
running thence along the northeasterly side of King Street North 40 degrees
00. minutes 1.0 seconds West 200 feet to land now or formerly- of Latham:
thence North 49 degrees 59 minutes 50 seconds East 215.59 feet to the
westerly"side of land now or formerly of Vilna Estates, Inc. ;
thence along said land, South 32 degrees 01 minutes 50 seconds East 199.92
feet to the northerly side of -land now or formerly of R and M Schnoor;
and thence along said -land, South 49 degrees 22 minutes 50 seconds West
187."89 feet to the northeasterly side of King Street, at the point or place of
beginning, r
a DESCRIPTION
'.� Standard N.V.It.'I' 11.R "_Jill-1 2,79-70M6*BSSµ:nMN1d Sale Deed.,wrrh Covenam age ranwr',Act,-Individual or Cm pormpy ("mgle �n•
2 o f i►
t` CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONI
N.Y.' S. LIBAMPAra
Transfer
Tax THIS INDENTURE,made the 9 ch day of April , nineteen hundred and eighty-one
$101.•. 2 0 BETWEEN -
" &t-b.L ping at 20 Beekman Place, New
York, New York
party of the first part, and- CHESTER M. MAYER, residing at 22.65 I,inc7 St.r.t'e"t,
Orient, New York
party of the second part,
WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
1 lying and being imitac at Orient, Town of Southold, County of Suffolk and
,) State of New York, bounded and described as follows :
1
�•R't BEGINNING at a point on .the northeasterly side of King Street
where the same is intersected by the division line between the
.: northerly side of land now or formerly of R. and M. Schnoor and
the southerly side of the hereinafter described parcel; running
thence along the northeasterly side of King Street, North 400 00 ,
10" West 200 feet to land now or formerly of N. Douglass Latham and
Audrey E. Latham; thence North 491 59 ' 50" East 21.5. 59 feet to the
\A westerly side of land now or formerly of Vilna Estates , Inc. ; thence
along said land, South 320 01' 50" East 19'9. 92 feet to the northerly
side of Land now or formerly of R. and M. Schnoor; and thence along
said land, South 49° 22 ' 50" West 1.37. 89 feet to the northeasterly
side of King Street, at the point or place of beginning.
BEING AND INTENDED TO BE the same premises as conveyed by the
party of the first :part by deed dated February 7 , 1974 and recorded
in the Suffolk County Clerk's Office on February 25, 1974 in Liber
7593 Page 439.
SUBJECT TO Covenants and Restrictions contained in •Libe.r 7593
Page 439.
TAX MAP
DESIGNATION.° ,
I)Ist. 1000",," `. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any strecrts and
roads abutting the alcove described premises to the center lines thereof; TOGE,r1-1131t will, the appnrtenanc(;
,Sec. 026.'00 and all the estate and rights of the party of the first part in and to said premises; TO IIAVI? AND Tt 1
1101-1) the premises hc,min granted unto the party of the second part, the heirs or successors and assigns of
,Itih. 02 . 00 the party of the second part forever.
0.43..002 AND the party of the first part covenants that the 1xirty of the first part has not done or suffered anything;
wltcrEsby the said premises have been enccuuhcred in any way whatever, except as aforesaid.
AND'ihe'.p arty of the first part, in compliance with Scetion 13 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-
3. . eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply
the sanie.firsl to the payment of the cost of the improvement before using any part of the total of the s,-une for
any otlicr pnrp osc.
The.w�)rd "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, tite party of the first part has duly executed this deed the day and year f t above
" ;rl written.
IN PRt$ENCC OF: /
Pierre-Andre Gaz is
WARREN C.�IARTIc
N61ary'Public, stele of New York
No. 41-6795270
Qualified In Orange County
r Commission Expires March 30, 1982
rsav — c
UBFR8995 pAa 114
TI Ol NIW.YORK. tCOYtRY,0 pIY. YORK for a...:
f•! R'- _ -
0y& the 9th day of April 1981 , before me On the. day of
personally.-came personally came
PIERRE;-ANDRE GAZARIAN
to me known to be the 'individual described in and who to me known to be the individual . described in and who
pacecuted .the-inregbing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that
rie- executed.the.same,; executed the same.
'ary Public
VIX7>.F� tY?tART'f
;(oarY Ptthlir`, .,ttilti,b Ncw YArlc
ql. #a210
Hp67tzbunty
- t=;Co1nmisall't,[�,`gkxPt��Isrch"BQ, 198! '
STATE bI NEW 1t*K,COUNTY OF ssr STATE OF NEW YORK, COUNTY OF SS:
On the day of 19 before me On the day of 19 before me
persona].tame personally came
to in known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrurent, with
say that.'' .he resides at No. whom I am personally:acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that he is the of that-, he knows
.:.
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 such corporate seal; that it-was so that lie, said subscribing witness,, was present and saw
affixed 6y .order of the board of directors of said corpora- execute the:same; and that he, said witness,
lion, atYd.that hp signed t name,thereto.by like order: at, the same time subscribed It name as witness thereto.
Wargain nab bale 3Bccb SECTION
WITH C OVI pNAN'r AGA NS't GRAN i oR's AC't's
TLE No. BLOCK
LOT
PIERRE-ANDRE GAZA°RIAN COUNTY OR TOWN
TAX I11L1:ING ADDRESS
TO
CHESTER M. MAYER Recorded At Bequest of The Title Guarantee Company
RETURN BY MAIL TO:
STANDARD FORM OF-NEW YORK NOARD':OF TITLE UNDERWRITERS Rudolph H. Bluer, Esq..
Distributed-by Main Road
TITLE GUARANTEE- Southold, New York 11971
NEW YORK
• ATICOR-COMPANY
Zip No.
G1``64
4r.1 t,Ca� iIV1
L� `='' RE O IY.ED�
$ . �.
REAL ESTATE
APR 29 1981
TRMSFER 1 AA
SUFFOLK
OUNTY
ATTORNEYS AT LAW
MAIN ROAD
SOUTHOLD,NEW YORK 11971
LEFFERTS P. EDSON (516)765-1222
RUDOLPH H. 9RUER klecwp_�)
(516)765-250❑
J.
March 18 , 1983 / y j
Board of Al eals--
Town of S uiflold
Southold Town Board of Appeals
Town Hall
Main Road
Southold , New York 11971
Re: Appeal No . 3090
Chester M. Mayer
Premises: Orient, New York
Dear Sirs :
It is our client's desire to amend the above variance request as
follows :
REASON FOR APPEAL
[x] A Variance to the Zoning Ordinance
is requested for the reason that "Appellant desires to maintain a
6 ft. high stockade type fence along an approximate 56 ft.
portion of the property's southeast boundary, extending partially
into the front yard area of the property."
The actual lowering of. approximately 24 feet (three sections) of
the fence, to a height of four (4) feet, running to a point
ten (10) feet deeper than the neighboring set-back (premises of
Schnoor) ,* has not as yet been accomplished and therefore is not
ready for your inspection at this time. Would the board ,
however , entertain our proposal to consider this appeal on the
basis of future performance.
I am enclosing a sketch of our proposal for your review and would
appreciate any comments you may have on this matter .
Sincerely,
Rudolph H. Bruer
RHB/df
Enc .
*This is pursuant to a recent agreement between Mayer and Schnoor.
- -
Ch
W r 4 -kZlY01,
JNAUTHORIZED ALTERATION OR ADDITIO ,
TO THIS SURVEY 15 A VIOLATION OF
STQ
EDUCATION y9 OF THE NEW YORK STATE
LAW.
COPIES OF THIS SU 1,
• S J.. SEAL GZ_�! -
THE LA - Y AP N
• t': - - - _ _ - ALL NOT OL
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EhlEO 5•D SEAL°N �-. <
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,
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JA1V1L, AND LA 111L11L"
27 Anoatok Driv( STATE OF 11Ea.W YORK )
NY 11743 for a V, CESSPOC e HH
) SS
Flood Plain I SERVICE
Law, Chapter 4E COUNTY 0F SIsFFCd+�. )
for permission t iNc:
below the ,DAYSMAN MORRIS,Pres. Karen Jean R Sko id
minimum-requi 31 Years of Prompt& ......... .. - .. ... .. .of Greenport in said County,
..
for placement Dependable Service" says/sheis a representative of THE SUFFOLK TIMES, a weekly
utilities.and equ 2760 YENNECOTT DRIVEA-7 Flood Zone SOUTHOLD,L.I.;N.Y. 11971 newspaper,published at Greenport, in the Town of Southold, County
Property: 1010 East'Marion, : ` .765'3300 of Suffolk,State of New York,and annexed is a printed copy that has
Point Filed Ma.Lot 60;` Counl been regularly published in said newspaper once in each week
` 1 th
4::Parcel ID No.lo z for.......o11t...... week(s) successively, commencing the..!!...' day
Contractors
7:35 p.m.::,.A.; Mar f . oh 83
JOHNAN] 0 .... ..........................19........................
KOWALSKI; TWIN FORK
,::Avenue, Greenl S
Variance .to.. SIDING CO. ..._.................. ..
Ordinance,Arti, NEVER PAINTAGAIN
.100-31 for a ( RT.48,MATTITUCK,N.Y.
V
v
Occupancy of Sworn to before me this...17t 11...........................
Minor Subdivisi
Aluminum & Vinyl Sidin day of...March.............................•g9.....83.......................
_
:King, Map No Y g., :
,,-Adjustment of 11 Trim,.Roofing, Leaders and
=.,ots .3.- and Gutters. Remodeling, HomeY.
.•. .�
`insufficientroz Improvements, Blown ys
Lot No. 3 an Insulation. '
,-.insufficient sid from the existi FREEEST/MATES NEL-IN K•'DE VOE
':Lot�No 4.'' "' NOTARY PilBi.l2,State of New York
contains an.a. No.4707878, Suffolk Count
one. acre. ADDITIONS (51 s) Term Expires March 36, 19>5
Property:.WcRENOVATIONS =
Jule.Lane MROOFING 765-31Z�
County Tax:11 Bu
No.1000-114-12 O
7:40 -
`JOHN 'ANL ...... —
DiVELLO, .1
and as follows: :50 p.m. Application of Drive and 4135 Skunk Lane,
7:30 p.m.•.Application of .-.CHESTER M. MAYER, 2265 z:Cutchogue, NY; Hickory
'JAMES AND DORIS IDLER, ;.King Street, Orient„NY fora _'.':,Acres Map 3325, Subd. Lots 1
27 Anoatok Drive,Huntington, ^. ;:;Variance to the Zoning -'and 2;County Tax Map Parcel
NY 11743 for a Variance to the `;;Ordinance,Article III,Section ID Nos.1000-97-9-15 and 16.
Flood Plain Management !';,"l MA for permission to erect 8:15 p.m. Rehearing in the
Law, Chapter 46, Section 46-7fence exceeding ,; the matter of ANN O'SULLIVAN,
for permission to utilize areas maximum height requirement :by Rudolph H..Bruer, Esq.,
below the eight-foot rof . four feet within the am Road,Southold,NY for a
minimum-required elevation = frontyard area at 2265 King 160-Variance for approval of
for placement of electrical :'7 ':'Street, Orient,.NY; County access pursuant to New York
utilities and equipment in this :Tax Map Parcel ID No. 1000- Town Law,: .Section 280A.
A-7 Flood Zone. Location of 026-0 Location ::'of Parcel ..in '
Property: 1010 Maple Lane, p.M.''Application' of .:-`-:-,-.'Question: 5692 Main Bayview
East Marion,.NY; Cleaves °;:ERNEST H. PRUSSNER, 910 : ::<Road, Southold, NY; County
Point Filed Map 4650, Subd. =01d Shipyard Lane, Southold, `. ;Tax Map Parcel ID No: 1000-
Lot 60; County Tax Map -:,NY for a Variance to the ::78-4-41.2.
Parcel ID No.1000-035 05 027 Zoning Ordinance,Article III, 8:25 p.m..Application for '
7:35 p.m. Application of :Section 10031, Bulk Schedulefdr .._PORT OF EGYPT ENTER-
.-.JOHN AND ' LINDA .. .*for permission to construct PRISES, :INC., 62500 Main
KOWALSKI, 404 Atlantic, ;'extension ,'.;reducing the Road,.Southold, NY (by
Avenue, Greenport, NY for a _"i rearyard ` setback 4.-and . .;,.,George'.A,.` Cottral) for a_
Variance '.to the Zoning •:.exceeding the 20% maximum y.;Variance to the :Zoning
Ordinance,Article III,Section ;'::allowable lot coverage at 910 __4;Ordinance,. Article .VIII,
100-31 for a Certificate of ' :Old Shipyard Lane, Southold, ;;_=:.`.Section 100-80A for permission
Occupancy of Lot No. 3 of :NY; Founders Estate$ Map -%-,--to construct addition with an
Minor Subdivision of Christine. 834,Subd. Lot 91; County Tax ;insufficient frontyard setback
:King, Map No. 117; with any Map Parcel 4-04-.ID No.1000.06 :;`::;=::and to use proposed addition
adjustment of lot line between. 0022. for retail sales in this"C-Light
,ots 3. -and 4, leaving 8:00 p.m. Application of , .!Industrial"Zone.Location of
insufficient road-frontage for NORTH FORK BAPTIST .;;;;'Property 62500 Main Road,
`Lot No. 3 and leaving an ' :.:CHURCH, C.R.A8,Mattituck, -��,Southold; NY; County Tax
insufficient sideyard setback, `NY(by Gerry L-.Horton)for a ;`Map Parcel ID No.1000-056-06-
from the existing dwelling on ;Variance to the -'Zoning '006
Lot No. 4. -Each parcel ':`Ordinance,Article III,Section .: z`:.Any person wishing to be
.contains an area exceeding 100-31 for approval: of lot '.'heard concerning the above
one acre. Location of. ..:. °::having insufficient area and '.'matters should appear at the
Property: West side of Ole frontage along Westphalia : �times and place -above
Jule Lane Mattituck, NY; ' .'-Road. Location of.::EntiretV_..specified, or he may contact
County Tax Map Parcel ID Premises: C.R.. 48 and the Secretary at 765-1809 (or
No.1000-114-12-013.3 and 013.4. ":-Westphalia Road,Mattituck, >1802).
7:40 p.m. Application of NY; County Tax Map Parcel ::',,:Dated:March 11,1983.
JOHN AND FRANCES ID No.1000-121-02-021.1. - •;-;-'-BY ORDER OF
DiVELLO, Drawer 1402, 8:05 p.m: Application for t, THESOUTHOLDTOWN
Westphalia Road,Mattituck, i GEORGE AND "SYBIL BOARD OF APPEALS
NY for a Variance to the PENNY, by Skinny Dip Pools GERARD P.GOEHRINGER
Zoning Ordinance, Article Inc., Box 108, Mattituck, NY _CHAIRMAN
VIII, Section 100-80A for., for a Variance to the Zoning 1TM17-4192
permission to construct one- Ordinance,Article III,Section
family dwelling in this "C ": .100-32 for ' permission to
Light Industrial" Zone. `construct swimmingpool and
Location of Property: 605 fence in the front and side
Mary's Road (a/k/a 305 Hill ::yard areas at 9305 Soundview
Street), Mattituck, NY; Avenue,Southold,NY;County
County Tax Map Parcel ID Tax Map Parcel ID No. 100o-
No.1000-140-02-032. 59-6-21.
LEGAL NOTICE 'J 7:45 p.m. Application of 8:10 P.
Application of
NOTICE IS HEREBY.: ANN WYDEN and PEGGY. -_FRANK AND BRENDA
Section HELLER, One Harris Court, CICHANOWICZ, Lupin Drive,,
GIVEN, pursuant
GI the Town Law and the Great Neck, NY 11021 for a and Skunk Lane, Cutchogue,
Provisions of the Amended Variance to the Zoning NY for a Variance-to.the
Code of the Town of Southold,. Ordinance,Article III,Section Zoning Ordinance,Article III,
a Regular Meeting and the 100-31 for permission to Sections 100 32 and 100-35, for
follo construct screen-porch permission to construct
wing public hearings.will_. addition with a reduced accessory swimmingpool
be held by the Southold Town" rearyard setback at 2015 Bay detached garage, and fence
Board of Appeals on Avenue, East Marion NY; ;exceeding the maximum-
WEDNESDAY, MARCH 23,:.• County Tax Map Parcel IDS- .' Permitted four feet within the
1983 commencing at 7:30 p.m No.1000-31-17-M2, frontvarri nr.� f n«-..._:
1.I11111eu ul JW4 111luj 111 Ju11Ulf< %..UUlle Y,
as follows: and that the notice of which tk- -Innexed is a printed co
7:30 p.m".. Application of p copy,
JAMES AND DORIS IDLER, has been published in said 1 Island Traveler-Watch-
27 Anoatok Drive;Huntington,
N.Y. 11743 for a Variance to man once each week for ......................... ............weeks
the Flood Plain Management
Law Chapter 46 Section?16-7; successively, commencing on the ...........1 � .............
for permission to utilize afei�`
below the eight-foot minimum: day�' . .......... ..t:}? ! ...................., 19... 3.
required elevation for place-' �.
meat of'electrical utilities and ...... , ,,, ,,,,,,,,,,,,,,,,,,,
-L
:equipment_in`this A=7 Flood,
Zone. T ocation'"of Property-'--'!
''`.IO10;'iiaple'Laae;'East Mar--
on;',N.Y.; Cleaves Point Filed.
wag. 4650, Subd Lot 60,
bounty Tax Map Parcel ID NQ, h -7 d
Sworn to before me this ................................ day of
1000=035-OS=027 � Y
4�i7:35 p.m Application�'�£
JOHN AND'LINDA KOWAL- .,• ............} c�c�J.................1 19...�:3
':SKI,- 404 Atlantic' Avenue,-
%:AGreenport,N.Y fbra', n
to the Zoning Ordinance;"Ar '"
"ticle,.III, Section,100-31 for a •,
Certificate of Occupancy of Lot
No. 3 of Minor Subdivision of ........,. ................
;Christine King; Map No. 117, Notary ublie J
.:with an adjustment of lot line i; Fm3i�lT 3 i'i��+�St71�
.>ie#ween Lots.3 and 4,leavinpy V10IL3tlTARY PUBLIC,State of idew Yuri
,-:insufficient road frontage for 'a 52-S321725
Lot No.. 3::aiid. leaving an esidina in Ss#;rlk icu;+iY
insufficient sideyard setback C&rm ission Expires i=a rc:i ' ,In,�
from the existing dwelling on
Lot No.4.'Each parcel contains .
an area. exceeding one acre.
Location .'of Property:-West
'side;of Ole Jule.Lane, Matti-
#ck -N.Y, County'Tax;Map
-Parcel'.
arcel`.ID No.";'1000-114=12-
013.3 and 013.4 `
-:"P7:40 ;p.m:::':Application of
JOHN.--AND FRANCES Di-
.VELLO, Drawer 1402, ,West-
•_phalia Road,Mattituck, N.Y.
for.a Variance`to the Zoning
Ordinance, Article VIII, Sec,
mon 1.00-80A for.permission to / /"`" - _ � � 13, 13(,
construct'one-family dwelling ] ("
in this "C-Light Industrial" yo Q4
Zone. Location-of Property: 9 7 IZ"
.-605 Mary's -Road (a/k/a 305
Hill Street), Mattituck, N.Y.;
County Tax Map Parcel ID No.
:1000-140-02-032.," ,,..;,''
7:45;•p.m. Application of
ANN...WYDEN and PEGGY
HELLER, One Harris Court; -
-:Great Neck; N.Y..11021 for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
.31 for permission to construct
=screen-porch addition with a...
reduced •rearyard setback. at..,;
2015 Bay Avenue, East Mar-
ion, N.Y.; County Tax Map
Parc
7:50 P.M. Application of
CHESTER M. MAYER 2265 .
King Street,Orient,N.Y.for a,�'
Variance to the Zoning Or- ��.
dinance, Article III, Section.
100-35A. for `permission to
erect fence exceeding the '
maximum height requirement
of four feet within the front-
yard area at 2265 King Street,
Orient,N.Y.;County Tax Map
Parcel ID No. 10007026-02• -
043.2. - :
p.m. Application of
ERNEST H. PRUSSNER, 910 - -
Old Shipyard Lane, Southold,
N.Y. for a Variance to the
Zoning Ordinance, Article III,
Section 100-31,Bulk Schedule,
for permission to,construct
extension reducing.the-rear-
yard setback and .exceeding
the-20% maximum allowable-it -
lot coverage at 910 Old Ship- - -
_yard Lane, Southold, N.Y.;
Founders Estates Map. 834,
Subd.Lot 91;County Tax Map
Parcel. ..ID "No: 100-064-04=
022.
`•'Application of
Legal Notice of He ngs for March 23 , 1983
Copies to the following on or about March 14 , 1983 :
Mr. and Mrs . James Idler, 27 Anoatok Drive, Huntington, NY- 11743
Mr. and Mrs . John Kowalski , Jr. , 404 Atlantic Ave, Greenport, NY 11944
Mr. and Mrs. John DiVello, Drawer 1402 , WEstphalia Rd, Mattituck 11952
Ann Wyden and Peggy Heller, One Harris Court, Great Neck, NY 11021
Ann Wyden and Peggy Heller, 2015 Bay Avenue , East Marion, NY 11939
Mr. Walter Gaipa (builder) , Box 247 , East Marion, NY 11939
Rudolph H. Bruer, Esq. , attorney for Chester M. Mayer
Abigail A. Wickham, Esq. , attorney for Ernest H. Prussner
Mr. Gerry L. Horton, (builder) for North Fork Baptist Church
New Suffolk, NY 11956
North Fork Baptist Church, C.R. 48 , Mattituck, NY 11952
Mr. and Mrs. George Penny IV, Soundview Ave (#9305) , Southold 11971
Skinny Dip Pools, Inc. , Box 108 , Mattituck, NY 11952 (Hand given 3/14)
Mr. and Mrs. Frank Cichanowicz, Lupin Drive, Cutchogue 11935
Rudolph H. Bruer , Esq. , attorney for Mrs . Ann O' Sullivan
Mr. George A. Cottral (builder) , for Port of Egypt Enterprises
Gre.enport, NY 11944
Port of Egypt Enterprises, Inc. , Main Road, Southold, NY 11971
Mr. Scott Thomas , 138 Sterling Avenue, Greenport, .NY 11944
L. I. Travler-Watchman (personal delivery)
Suffolk Times, Inc. (personal delivery)
Town Clerk Bulletin Board
Supervisor
Town Board members
Town Attorney
Planning Board
Victor Lessard, Building Dept.
Z.B.A. individual files
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
JUDITH T.TERRY ®� TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR 01:VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 24, 1983
To : Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3090, application of Chester M.
Mayer for an appeal. Also transmitted herewith is notification to adjacent
property owners ; Short: Environmental Assessment Form; Letter relative to
N.Y. S . Tidal Wetlands Land-Use; Notice of Disapproval from the Building
Department ; and survey. .09
A
Judith T. Terry 7
Southold Town Clerk
f
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter.ofothe Petition of
CHESTER M. MAYER NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER C
YOU ARE HEREBY GIVEN NOTICE:
1. Th#aJJL6i _thce intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request 21Qariance 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: 2265 King Street, Orient, New York
Suffolk County Tax Map designation: Dist. 1000, Sec. 26, Blk. 2, Lot 43. 2
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" — Residential/Agricultural
maintain
4. That by such Petition, the undersigned will request the following relief: permission to 3a=3ct
a 6 ft. high stockade type fence along an 80 foot portion of the property ' s
southeast boundary, extending partially into the front yard area.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-35 A
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: .a1o2318�
Petitio r Rud ph H. Bruer, . Attorney
for Petitionet
Post Office Address
Main Road, P.O. Box 1047
Southold, New York 11971
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Mr. Paul Boustany 10 Cresthill Court
Huntington Sta. , ,N.Y. •11746` ;
Mr. & Mrs. Robert -G. Schnoor 126 Park Avenue
Williston Park, N.Y. 11596
M /. Nicholas Manley Tiffany Road
Oyster Bay Cove, N.Y. 11771
Ms. Shirley Mayer c/o Kalb, Rosenfeld & Essig, P.C.
1 Penn Plaza, Room 2515
New. York, N.Y. 10119
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK)
..Mary:..D.iana Foster . . residing at (No #) McCann Lane, ,
Greenport; N.Y. , being duly sworn, deposes and says that on the 24-thti-day
of _ 3�Pr/ c7 , 19 83 , deponent mailed a true copy of the Notice set forth on the re:t
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll.of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at Southold ;that said Notices were mailed to each of said persons by
(certified) (rWg1s' M) mail.
Mary Di Foster
Sworn to before.me this 24thfl
day of February 19 83
Notary Public
RESIDING 1H DUTCHESS COUNTY
WO.400266Z b
SFiOi% f EtIVI ROT„�_;,TI;L ASSESS .4Ei11 rU,:�.�
I��STRUCTIONS
a n order to answer the questions in this short EAF it is assumed
shot the preparer will use currently ova-i_lable information .concerning the
project and the. .likely impacts of the action . It is not expected that
odditionol studies, research or other investigations will be undertaken .
(b ) If any question has been answered Yes the project moy be
significant and a completed Environmental Assessment Form is necessary -
(c ) If all questions have been answered No it is likely that this
project is not significant .
(d ) Environmental Assessment
1 _ IYi 1 pro.ject resu t in a large physical change
to the project' site or physically alter more
than 10 acres of land? . . . • Yes Y No
2 . Will there 'be a major change to any unique or
-unusual land form found on the site? . . . . . . . . . . Yes No
3 . Will project alter or have a large of f ect' on
existing body of water? . . . . •
. . Yes x No
4.. Will project have a potentially large impact .
on groundwater quality? . . . . . . . . . . . . . . . . . . . Yes � No
5 . Will project significantly effect drainage
flow on adjacent sites? . . . . . . . Yes__�( No
6 . Will project affect any threatened or
endangered plant or animal species? . . . . . . . . . . . Yes X No
7. Will project result in a major adverse effect
on air quality? . . . . . . . . . . . .. . . .. . . . . . . . . . . . .. . . . .- Yes _Na
8 . Will project have a major effect on visual
character of the community or scenic views or.
vistas known to : be importont to the community? Yes _No
9 . Will project adversely impact any site or
structure of historic, prehistoric or '
paleontological importance or any site
designated as a critical environmental area
by a local agency? . . . . . . . . . . .
. Yes xNo
10 . Will project have a major effect on existing
or future recreational opportunities? . ! . . . . Yes�No
'11 . Will project result in _major traffic problems.
or cause a major effect to existing
transportation systems? . . . . . . . . . . . . . . . . . . . . Yes�_No
12 . Will project regularly couse 'objectionable
odors, noise, glare, 'vibration, or electrical .
disturbance as a result of the pr. oject ' s
operokion? . . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yes No
13 . Will - projecthave any impact on public health
or .safety? . . . . . . . . . . . . . . . . . . . . . . . •
. . .. . . . . . . . . . Yes�No
14 . Will project affect the existing community by
directly causing a grovilh in permanent
population of more than 5 percent over a one
year period or have a major negative effect
on the character of the community or
neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . Yes � No
15 . Is there public controversy concerning the
project? . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes_No
PREPARER ' S SIGNATURE-
REPRESEi4TING^ CHESTER M. MAYER DATE 3 . ozA3)C
7 R ,A
. �3A
(Today' s Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal Application of CHESTER M. MAYER
Location of Property: 2265 King St. , Orient, N.Y.
Suff. Co. Tax Map:_ 1000-026-02-043. 2
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)
[ ] May 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
OIL 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 May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge. *
[Starred items ' (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S . D.E.C. ]
Sincerely yours,
(S ' natur please)
Rudolph H. Brue r, Attorney for Applicant