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HomeMy WebLinkAbout3204 nnnm A~ £A~TNI l~l ~Nor. th S~a Dr., Southold 3/2/84 CA-construct add. to restaurant leaving an insuff, frontyard setback. ~ ,/~/~ ~. Southold Town Board of Appeals MAIN ROAD- ¢~TATI~' ROAD 25 ~=;r'IUTHOLD, L.I,, N.Y, 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3204 Application Dated Januar3 4, TO: Mr. Douglas Cast0]di 855 Eugene's Road Cutchogue, NY 11935 1984 (Public Hearing January 25, 1984) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 2, ]984 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 [X] Request for Variance to the Zoning Ordinance Article VI , Section 100-6l, Bulk Schedule Request for ~ Upon app.ljcation o%~DOUGLAS CASTOLDI, 855 Eugene's Road, Cutchogue, NY fd~ a'~arianbe.]~b'tEe:~-f~ ng r ]nan~ Article VI, Section 100-61, Bulk Schedule for permis'~ion to construct addition to restaurant leaving an insufficient frontyard setback on Kenney's Road and North Sea Drive, Southold, NY; County Tax Map Parcel No. 1000-54-5-22 (beachwood Cafe). The board made the following findings and determination: By this appeal, appellant seeks to construct: (a) a 12' by 35.5' addition along the westerly side of the existing restaurant leaving an insufficient setback at its nearest point from Kenney's Road property line approximately 14 feet; and (b) a 7.5' by 8' vestibule which would leave an insufficient setback from North Sea Drive at 22.8 feet. The entrance of the restaurant is off of North Sea Drive and also contains a wooden walkway at ground level which is set back 22.8 feet from North Sea Drive. For the record it is noted that the restaurant has been in existence since prior to the enactment of the zoning code (1957). Also, the westerly-side addition is proposed for additional seating and is to be a greenhouse-type construction. It is the opinion of the board that the variance be granted with the restrictions that the westerly-side addition not extend further than lO' to the west (rather than the 12' proposed) leaving a setback of approximately 16' at its nearest point with Kenney's Road, and that a barrier be erected along the west side to the front of the building to help prevent accidents into this glass construction. In considering this appeal, the board determines: (1) that the practical difficulties are sufficient to warrant the granting of this application; (2) that the relief as requested is not substantial in relation to that generally existing in the neighborhood; (3) that the circumstances are unique in that the parcel in question is a corner lot; (4) that the relief will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by allowing the variance applied for since there will be no adverse changes affecting the vicinity of this project. (CONTINUED ON PAGE TWO) DATED: March 27, 1984. Form ZB4 (rev. 12/81) CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3204 Matter of DOUGLAS CASTOLDI Decision Rendered March 2, 1984 Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3204, application of DOUGLAS CASTOLDI, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the westerly addition not extend more than l0 feet to the west (rather than the 12' as proposed); 2. That a barrier be erected from the rear of the building along the property line of Kenney's Road to the front of the building (to prevent possible accidents into the glass construction). Location of Property: Kenney's Road and North Sea Drive, Southold, NY; County Tax Map Parcel No. 1000-54-5-22 (Beachwood Cafe). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. GERARD P. GOEHRINGER, C)~AIRMAN March 27, 1984 NOTE: The type of barrier to be constructed is to be recommended and/or approved by the Building Inspector. RECEIVED AND FILED BY ~ftiE SOUTHOLD TOV~N CLERK Town Clerl~, Town of Southold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR[ SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2..% SDUTHOLD. L.I., N.Y. NOTICE IS HEREBY GIVEN, TELEPHONE (516) 765-1809 pursuant to Section 267 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 Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY, on Wednesday, January 25, 1984 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of NORTH FOP~ BAPTIST CHURCH, by G.L. Horton, Box 21, New Suffolk, NY 11956, -for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) [1], 100-31, and Article XI, Section 100-118(D) & (E), for permission to construct modular home containing less than 850 sq. ft. of livable floor area and reinstating the use of this structure as a one-family residence, exceeding the limit of dwellings permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, NY; County Tax Map Parcel Nos. 1000-141-2-16, 17, 18, 19, 21, 21.1. 7:35 p.m. Application of EMILY P. RIDGWAY, Box 251, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to construct accessory building for use as caretaker's cottage and garage in addition to existing dwellings on this 9~ acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-6-1-3. ~ 7:40 p.m. Application for CHRISTINA M. DINIZIO, by Greenport Housing Alliance, 18 South Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Section 100~30(A) for per- mission to establish two-family dwelling use on a parcel of land containing less than the required four-acres in this A-Residential and Agricultural District. Location of Property: North Side Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, and parts of 14 and part of 7th Street. 7:45 p.m. Application for HERBERT R. MANDEL, by Garrett A. Strang, 54655 Main Road, Box 1412, Southold, NY for a Variance to the ~oning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard setback at the East Side Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-036-02-026. ~P~g~ 2- Legal Notlce'~ ~earlngs for 1/25/S4 · ~ 7:50 om. A~plication of DOUGLAS CASTOLDI~ 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article Section 100-61 for permission to construct addit~?n to restaurant leaving an insufficient frontyara setback. Location: Kenney's Road and North Sea Drive, Southold, NY (Beachwood Cafe)~ County Tax Map arce! No, 1000-54-5-22. 8:00 p.m. Application for D~Jo C~AUSE ENTERPRSSES, by william W~ Esseks, E~q.~ 108 East Main St, Riverhead, NY for a Variance to the Zoning Ordinanca~ Article VII~ Section 100-71 for approval of insuffi- cient area and width of pa_ce±s in this proposed division of land at the East Side Love Lane, Mattituck~ NY~ County Tax Map Parcels 100~-~40-3-3.1, 42~I~ 42.2~ 43. For information concerning the above matters~ please contact Linda Kowaiski at 765-1809 (or 1802). Those persons having an interest in any of the above matters may appear at the time and place specified herein~ January !0, 19~4. BY ORDER OF TEE SOUTHOLD TOWN BOARD OF APPEALS ~ERARD P. GOEHRINGER CHAIRM~N Dated: NOTICE TO NEWSPAPERS: Please publish once, to wit: Thursday~ January 19, 1984 and forward one afzluav_t of publication to: Board of Appeals, Main Road~ Southold, NY 11971 before January 23~ 1984. Copies have been provided for each of the following 1/16/84: Mr. J.L. Horton, Box 21, New Suffolk~ NY (for North Fork Baptist Church) North Fork Baptist Church~ C.R.. 48~ Mattituck~ NY 11952 ~rs. Emily P. Ridgway~ Box 251~ Fox Ave, Fmsne~s Is±ana, NY 06390 Mrs. Christina M. Dinizio~ Greenport~ NY 11944 Greenport Housing Aliiance~ 18 South Street, Greenport, NY 11944 Mr. Garrett A. S=ran~, Box 1412, Southold, NY (for H.'R. Mandel) Mr. Herbert R. Mandel, Inlet Lane Extension, Greenport~ NY Mr. Douglas Castoldi, 855 Eugene's Road, Cutchogue, NY 11935 (Beachwood Cafe) Suffolk TimeS~ Inc~ for publication L.I. Traveler-Watchman, Inc~ for Publication Supervisor F.J. Murphy Town Board Members Town Attorney Planning Board Chairman Building Departar, ent Z.B.A~ Members Town Clerk Bulletin Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ PLEASE T~E NOTICE that your application dated .~. for pemit to construct. ~. ~ (f~ ~.. ~... (~~~ .......... ~t Location of Property ~Z~..~.:. ~~. ~ Hou~ No. S[reet Hamlet CounW Tax Map No. 1000 Section ...0..~ .... Block ....~.~ ...... Lot ...O.~C~ .... Subdivision .... F~ed Map No ................. Lot No .................. is retmed herewith and disapproved on the follow~g ~o~ds ~~:~. . . . . . . . . . RV 1/80 Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~' TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], ................ ................ Nome of Appellont Street and Number ..... C~....~'..-C¢..~.."C~'...~..?..,~,~. ................................................................ ...~..:...~,'. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 'C'Z-/I~ I~$FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit of ...... .................. ..................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~/) PERMIT TO BUILD RbO[T~b~ t° Res'tTcu~*"~- 1. LOCATION OF THE PROPER~ ~/~- ~ o~ ~'~y~O~. Sc~ ~u~ ~ou$~oCP Street ~d ~et Zone Mop No. Lot No. iF.% DATE PURCHASED: .~.[.~ ............. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by numben Do not quote the Ordinance.) ~ticle~ , ~c~on JOO-~J ~o[~ 5~e~OC~ 3. TYPE OF APPEAL Appeal is made herewith for (¢) 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 (has) ~ been made with respect to this decision · of the Building inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the ~eason that ~e ~ould like to FoITn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-" sar', HARDSHIP because 2 The hardshia created is UNIQUE and is not shared by all properties alike vicinity of this property onc in this use district because (lb bqa r~~ ~ ~u~/~,c,~~ ~' ~/y' o~ in the immecrate CHARACTER OF THE DISTRICT because Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY OP'~¢~~' ) SS TOWN OF $OUTHOLD, NEW yORK 11984 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ c~ 6) ,~ i -/ / Name of Appella,nt Street and Number ............................................................. ..~..:¥..'. ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of [ vGe, vT. Hoove Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD %q~{)~.Tl:o~ 'Yo R~sTF~o~t 1. LOCATION OF THE PROPERTY .~..S./G...~.~"~....~...R..~.~...F..~...¥..~...~..~...`~.~..~.~.../...~...~....~..~.~...~C~ Street and ~mlet 7.o~e os/ ee ?nx 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 ~ , Section % ~0- ~ I t~u [ t~ S aide, OeO 3. TYPE OF APPEAL Appeal is made herewith for (v/) 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 ~has) (has not), been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that --G°--° 9o seo we would like to Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unr, eceS- ~ sory HARDSHIP because vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by oil properties alike in the immediate 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C~tARACTER OF THE DISTRICT because STATE OF NEW~KORK ) O~) ss COUNTY ) Sworn to this .............. J .............. doy Signature Notary Public Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 1984 January 10, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3204 PROJECT NAME: DOUGLAS CASTOLDI 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 similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Frontyard setback for proposed addition off Kenney's Road and North Sea Drive. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: East side of Kenney's Roa~ and South side of North Sea Drive, Southold, NY. 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) The project proposed is landward of the L.I. Sound and exist- ing buildings, and is located south of North Sea Drive, a town road. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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 Clerk Bulletin Board. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPP£LMAN Town of Southold Board of Appeals May 24, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Co,~mtssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Norman J. Murray Ralph & Mary Merrill Bertha Okula Robert A. Celic Dr. & Mrs. Saul Rosentreich Suffolk County National Bank John C. Diller Richard Jarzombek & Ramond Pluschau Mitchell M. Wilcenski North Fork Baptist Church Emily P. Ridgway Herbert R. Mandel Douglas Castoldi Municipal File Number 3007 3169 3178 3181 3182 3185 3186 3188 3194 3197 3199 3202 3204 GGN:jk Very truly yours, Lee E. Koppelmm~ Director of Planning Gerald G. Newman Chief Planner [RANS MEMORIAL HIGHWAY HAUPPAUGE, t.. I.. NEW YORK 11788 Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 513UTHmLD, L.I., N,Y. 11971 TELEPHONE (516) 765-1809 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 VI , Section 100-61,Bulk $chedu~ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No.: 3204 Applicant: D,0,,UGLA% CASTOLDI Location of Affected Land: Kenney's Rd. & North Sea Dr., S0uth0]d County Tax Map Item No.: 1000-54-5-22 (beachw00d cafe) 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 __ Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. ~as qranted COMMENTS: Applicant ls-re~:es~ng permission to construct addition to restaurant leaving an insuff, frontyard setback. Copies of Town file and related documents enclosed herewith for your review. Dated: May 18,1984 Temp.Secre~ary, Board of Appeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 28, 1984 Mr. Douglas Castoldi 855 Eugene's Road Cutchogue, NY 11935 Re: Appeal No. 3204 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, Enclosure Copy of Decision to Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary dwelling use on a parcel of ~*d., innjl~s~ontaining less than the re*~d four-acres in this A- Re~9~ntial and Agricultural District. Location of Property: North Side Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, and parts of 14 and part of 7th Street. 7:45 p.m. Application for ' HERBERT R. MANDEL, by Garrett A. Strung, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinanee,'Ar ticle III, Section 100-3D for permission to construct addition to dwelling with an insufficient sideyard · setback at the East Side Inlet Lane Extension, Greenpert~ __NY; County Tax Map Parcel 50 p.m. Application of CASTOLDI, 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-61 (Bulk Schedule) for permission to construct addition to restaurant leaving an insufficient frontyar~[ setback on Kenney's Road and North Sea Drive. Southnld, . NY; County Tax Map Parcel No. 1000-54-5-22 (Beachwood couNTY o~uFFOLK ) suSAN W ALLAN __ of Greenport, in ~ ~* k~ln~ duly sworn, says that he/she is said ~ount¥, ~v PrinCipal Clerk of THE SUFFOLK TIMES, n Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed in a printed copY, has been regularly published in said Newspaper once each week for one _ weeks successively, commencing on the ~ day of ~ Principal Clerk Sworn to before me this -~ t.h day of ~ 198~4 ; g:;;~l . ": LEGAL NOTICE ~'? :>NOTICE IS HERE ;~-G1VEN, pursuant to Sect: ~i~ ~.~67 uf the Town Law and :'~ '4Urovisions of the Amendi ' ~ d ~e T~n d ~u~ol a Regular Meeting and f~ ~blie ~n~ ~ :~ ~id by ~ ~old To; * Zoning B~rd uf Anneals -' ~t~ Town Hall, Main Roai ...~1~ ~, on W~a~ ~ ~-aa~ ~, 1~ ~encin ~ at ?:~'p.m.~ folt~: ~ORTH 'FORK BAPTIST '~ =~CHURCH, by G.L~ Horton, '~. f~ a Va~nn~ ~ ~e ~ ~rdinanee, Article II1, SCe- ~o~ I~(A)[I], 1~31, and ' ~'A~ele ~, ~On i~i18(D & (EL for ~ermission to construct modular home ~n~i~ 1~ ~n ~ ~. ft. ~ of livable :flOor area and '>~reinstating the bse of this structure as a one-famH~ . '~ ~idenee~ ~e~ng ~ limit ~ parcel.in thts A-ReSidential :':and ARrieultural District. . Location of Property: North Side C.E..~, Mattituek, NY; ' County Tax Map Panel 1~41-2-16, ~7, 18~ 19, 21, 21.1. ;. 7:35 p.m. Application of EMILY P.. EIDGWAY, Box ~1, Fishe~ ~land, ~ for a ~ ~ar~anee ;-to the Zonin; Ordinanee~ Article Itt, ~o~ ~ 100-30(A)'for permission to - eo~uet aee~so~ buildin~ for ~e ns ~re~ker's eot~;e and ~arage in addition to .existing dwel~ngs on this -acre parcel l~ated at ~ox Avenue, ~ishe~ Island, County Tax Ma~ Pureel No. 1~1-3. ~:40 p.m. Application for CHRISTINA M. DINIZIO, Gr~nport Housin~ Alliance, x8 South Street, Greenport, NY, for a Variance to the ~ng O~inan~, A~iele III, ~tion l~30(A) for ~rmi~ ~ion to es~blish tw~family by William 10~ East Main St., I~ ..~IY for a'Variance to the Zon- ing Ordihance, Article VII, Section 100-71 for approval of insufficient area and width of parcels in this. proposed .... division of land at the East ..'~,~Side Love Lane, Mattituck. - '~' t",,q~; County Tax Map Parcels '"' No. 1000-140-3-3.1, 42.~, 42.2, 43. .;- · For information concerning "~.the above matters, please contact Linda Kowalski at 765- 1809 (or 1802). These persons having an interest in any of the above matters may appear at.the time and place spacifiedherein. <-,-. '~: - Dated: January 10, 19~4, -~. - ,>:, BYORDEROF ~ """ THE SOUTHOLD TOWN [~'~ -' BOARD OF APPEALS ~' GERAP, D P. GOEHRINGER -.~ ~.~ CHAIEMAN ITJ19-4467 E.N, pursuant to Section 267 al the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals'at the Town Hall, Main Road, Southold, NY, on Wednesday, January 25, 1984 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of NORTH FORK BAPTIST CHURCH, by G.L. Horton, Box 21, New Suffolk, NY 11956, for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A)[1], 100-31,-/~ and Article Xl, Section 100-118 (D) & (E), for permission to construct modul? h_ome con- talning less than livable floor ~rea and reinstat- fog the use of this structure as a one-family residence, ex- coeding the limit of dwellings permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, _.l~kY; County Tax Map Parcel 21, 21.1. 7:3S p.m. 'Application of EMILY P. RIDGWAY, Box 251, Fishers Island, NY for a Variance to the zoning Ord- inance, Article IH, Section/' 100-30 (A} for permission to construct accessory building for use as caretaker's cottage' and garage i~ addition to existing dwellings on this 9+ acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Parcol No; 1000-6-1-3. 7:40 p.m. Application for CHRISTINA M. DINIZI01 by Greenport Housing Alliance, 18 South Street, Greenport. NY, for a Variance to the zoning Ordinance, Article III, Section 100~30(A) for permis- sion to establish two-family dwelling use on a parcel of land containing less than the required four-acres in thisJ A-Residential and Agricultural District. Location of Property: North Side Flint Street, Green- ~ port, NY; County Tax Map lparcel No. 1000-48.2.13, and ~parts of 14 and part of 7th Street 7:45 p.m. Application for HERBERT R. MANDEL. by Garreit A. Strong, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article !II, Section 100-31 for. permissio~ to con- struct addition to dwelling with an insufficient sidcyard setback at the East Side Inlet Lane Extension, Greenpert, NY; County Tax Map Parcel No. 1000-036-02-026. j ~'~ i)O7:50 p.m. Application of UGLAS CASTOLDI~ 855 Eugene's Road, Cutchogue, i NY for a Variance to the ~ Zoning Ordinance, Article Vl, ' Section 100-61 for permission to construct addition to rest- aurant leavifig an insufficient fi'onyard setback. Location: Kenney's Road and North Sea Drive, Southold, NY (Beach- wood Cafe); County Tax Map ~ Parcel No. 1000.54-5.22. 8:00 p.m. Application for D.J. CLAUSE ENTERPRISES, by William W. Esseks, Esq., 108 East Main St., Riverhead, COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; end that the notice of which the annexed is o printed copy, has been published in sold Long Island Traveler-Watch- man once each week for ..................... ~ ................. week~ successively, commencing on the /~ ~( Sworn ,0 before me this ............. .,/.?,~.,,~, ......... day of 1 9.. O1Ai~Y, u~bC, o a~e dew 'ark ::~. 52-~321725 Residing In Suflol~ ~unff JUDITH T. TERRY TOWN CLERK RI.;GISTRA R OF VITAL S'[ ,\l IS[ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ']?own Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January 4, 1984 To-' Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning ~peal No. 3204 application of Douglas Castoldi for a variance. Also included is notification to adjacent proeprty owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Southold Town Clerk Southold Town Board of Appeals APPEALS BOARD MEMBERS January 10, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S . E . Q . R. A . SERGE DOYEN, JR. R08ERT J. OOUG~SS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Siqnificance APPEAL NO.: 3204 PROJECT NAME: DOUGLAS CASTOLDI 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 similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Frontyard setback for proposed addition off Kenney's Road and North Sea Drive. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: East side of Kenney's Road and South side of North Sea Drive, Southold, NY. 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) The project proposed is landward of the L.I. Sound and exist- ing buildings, and is located south of North Sea Drive, a town road. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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 Clerk Bulletin Board. FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO~ DATE ..... /./.~.../~.~.... Name of Appella,nt Street and Number ....................................................................... ../~.../.:..Y.., .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:I~[I~I~ FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (,,/) Name of Applicant for permit of ..~..? ~ ~ .?..C~,..~...~...6-..-.?.....).).~..~. ~ . .~...T".Gr./.~..o.~..~...~: .............. .../~.. ,....~'.: .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD /~ODIT[o~ to R6$~r~u~/tl ~-" 1. LOCATION OF THE PROPERTY ....~./~..~'"- .(~.o.~ .~'..~..~......~...F..~.~.~/..~.~/~..~...O...~..~.p.:.....S.'~.~..~., ....~..~'/~' ~ o cO Street ~a ~et [o~e ....... ...... .................. (s): .. Mcp No. Lot No. L [~.~ DATE PURCHASED: ..~. ~ ............ 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 ~ , Section l~o- (~[ ~L/~' ~c_~/~-Du~ 3 TYPE OF APPEAL Appeal is made herewith for (-- ~' 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 (has)~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (,) is requested for the reason that we would like to (Continue on other side) REASON FOR APPEAL Continued .:. , , 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~e~us~ Loss e F ~os~es~ - vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE 20 V/es. STATE OF NE.~/~ YORK )  ) ss COUNTY ) .............. ~ .............. ~ignature ............................... Sworn to this ........ .~-../.......6~v. ........................ day of ........................ 19~'~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER 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) [¢'ir¢le cho±¢e] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section 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 ma), 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, 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: Petitioner Post Office Address NAMI[ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED, MAIL RECEIPTS ADDRESS zt-s-g0t-~:e61. 'O'd'D'S'fl ~ ~:g6~ 'qed '00~ tu.~od Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ? ~ ~, ;~.~ , being duly sworn, deposes'and says that on the ~/ day of .,C~~<:rj~ ~ &4r ,1 9 ~- ~/, deponent mailed a true copy of the Notice set forth on the re- verse side~'hereof, directgd 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 tho~Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~ ~"/~ ~ , ; that said No;ices were mailed to each of said persons by ~ (registered)(]mail - o ..Et 0 o o o 0 0 ~J 0 SHORT ENVIROhYfENT.~L ASSESSME,NT FO~L'4 INSTRtTT!ONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available infor?,ation concerning the project and the likely impacts of the action, It is not exT. ected that additional studiee~ research or other investigations will be undertaken, (b) If any question has been answered Yes the project may be significant and a ccmpleted Environmental Assessment Form is necessa~t. (c) If all questions have been answered No it is likely that this project is not significant, (d) Enviror~ental Assessment me Will project result in a large physical change to the project site or physically alter more than l0 acres of land? · · · · · · . Will there be a major change to any unique or unusual land form found on the site? . 3. Will project alter or have a large effect on an existing body of water? . , . Will project have a potentially large impact on groundwater quality? · , · , , · , · Will project significantly effect drainage flow on adjacent sites? , , , , , . . , 6. Will project affect any threatened or endangered plant or animal species? , . 7. Will project result in a major adverse effect on air quality? 10. 11. 12. 13. 1h. Will project have a mm Jot effect on visual char- acter of the community or scenic views or vistas known to be important to the community? · · · Will project adversely impact any site or struc~.- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . · · Will project have a major effect on existing or future recreational opportunities? · · · Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? · Will project have any impact on public health or Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o.__r have a major negative effect on the character of the com. munity or neighborhood?. PREPARER' S REPRESENTING: Yes ~/ No Yes ~/ No Yes %~ No , Yes %/ No Yes '~ No Yes %/ No Yes %~' No Yes _~ No Yes V/ No Yes '~/ No Yes ~,/ No Yes %,/ No Yes Is there p,~olic co, Dtrovers? concer~zng the project? Yes V/ No v/ Mo · QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z,B.A, The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your 7.B.A. application. [ ] I. [ ] 2. [,/] 3. [ ] 4. [,~3 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least I00' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or~wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k e ® ® ® LO UH:~ :' OF /2 DATE Io4D THIS pLAN SHALL NOT BE FILED WITH ANY BUILDING DEPARTMENT WITHOUT THE ARCHITECTS SEAL AFFIXED HERETO. PLAN N/~. /~J t/~ OF SCALE: ~f = l £ DATE 1~/& ~:. THIS PLAN S~'tALL NOT BE filED WITH AI9¥ BUILDIfgG DEPARTMENT WITHOUT THE AR£HITECT'S SEAL AFEIXED HERETO.