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HomeMy WebLinkAbout3315Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS TO: Appeal No. 33]5 Application Dated December 4, ]984 Mr. William Peters, President ~ ,.Board of Trustees~, P.O. Bo~ 935 ' Cutchogue, NY 11935 (Public Hearing 2/14/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February ]4, ]985 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-30(B)[4] and ]00-3l Article XI, Section ]00-]]9 [ ] Request for Application of CUTCHOGUE FREE LIBRARY, 27550 Main Road, Cutchogue~ NY for a Variance to the Zoning Ordinance, Article III, Section lO0-30(B), 100-31, and 100-119, for permission to construct library addition leaving an insufficient rearyard setback at premises known as 27550 Main Road, CutchQgue, NY; District 1000, Section 109, Block 06, p~art of Lots 1 and 2. WHEREAS, the public hearing on the appeal application of the CUTCHOGUE FREE LIBRARY, Appeal No. 3315, was held and concluded on February 14, 1985, at which time no opposition was received and the applicant was heard in behalf of this application; WHEREAS, the board members have viewed and are familiar with the premises in question and its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question as shown on site plan dated Novem- ber 28, 1984 contains an area of 31,666 sq. ft. and is located in the "A" Residential and Agricultural Zoning District; 2. The subject premises is improved with an 1800 sq. ft. building which has been and will continue to be used for the Cutchogue Library; 3. The subject premises is bounded on the east by premises presently of the Sacred Heart R.C. Church which is zoned "B-I" General Business, on the south by land presently of Case and others located in the "A" Residential and Agricultural Zoning Distrct; 4. Article III, Section lO0-30(B) permits by special excep- tion and site plan approval a library and subject to all other code regulations, including Section 100-31 and Bulk Schedule of th, e Zoni.ng Code which requires a minimum rearyard setback of 50 feet; 5. Applicant has requested permission to vary the southerly yard setback to 19 feet and the easterly yard setback will be maintained at the established 16 feet, for the proposed 3,580 sq. ft. extension of the present library, extending 64 feet to the south and 60 feet at the southerly end at its widest point; DATED: February 28, Foz~ ZB4 (rev. 12/81) 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3315 Matter of CUTCHOGUE FREE LIBRARY (Variance) Decision Rendered February 14, 1985 6. For the record it is noted that the January 16, 1985 certification of the Building Inspector indicates that the site plan as proposed before the Planning Board will meet all other zoning requirements, and which this board is in agreement with; Also, in considering this appeal, it is the opinion of the board: 1. That the relief as requested is not substantial and that the area chosen is the most feasible, particularly in light of the fact the subject premises is a corner lot and the building is set back substantially from the main highways; 2. The proposal is consistent with the character of the area since the use has been established and the site abuts premises in the business district on the east, which is required to have a minimum of 35-feet from the rear property line (15 feet less than that required for this site); 3. There will be no effect on population density and thereby will not effect available governmental facilities; 4. That in view of the manner in which the difficulties arose, justice will be served by allowing the variance, as applied. NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested in the Matter of the CUTCHOGUE FREE LIBRARY for permission to construct addition for library use with an insufficient rearyard setback from the southerly property line at 19 feet, Appeal No. 3315, BE AND HEREBY IS APPROVED AS APPLIED. Location of Property: 27550 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-06=002 and part of 001. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unani- mous of all the members. lk iIECEIVED AND FILED BY T~Ig SOUTHOLD TOWN CL~:,X DATE ~3/?/g~ HOUR town Clerk, Town of Southo d GERARD P. GOEHRINGER,//~HAIRMAN · February 28, 1985 ~ ZONII"~IG BOARD OF APPEAL~ TO';, N H/.LL / MA~N RO;-'.,~ . a. ~. 25 NOTICE IS HEREBY GIVEN, pur~ant to Section 267 of the Town Law and the Provisions of the Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York at a Regular Meeting commencing at 7:30 p.m. on THURSDAy, FEBRUARY 14,. 1985: 7:30 p.m. Application for PETER J. AND MARGARET S. TROYANO, c/o R.F. Lark, Esq. Main Road, Cutchogue, NY 11935 for a Variance to New York Town Law, Section 280-a for approval of access over a private right-of-way located on the north side of C.R. 48, Peconic (along land now or formerly McGunnigle) to premises known and identified as District lO00, Section 73, Block 4, Lot 4. 7:40 p.m. Application of JOSEPH AND PATRICIA STIEFER, 6760 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission: (a) to build accessory horse barn in the frontyard area and (b) to erect fencing exceeding four-feet in height in the frontyard area, premises known as 6760 Sound Avenue, Mattituck, NY; District 1000, Section 121, Block 04, Lot 08. 7:45 p.m. Application for THOMAS PERILLO, c/o Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for approval of insufficient area and width of parcels in this proposed division of land located at Silkworth Road'and Home Pike, Mattituck, NY; District lO00, Section 114, Block 1, Lot 7. 7:50 p.m. Application for ANTHONY PAGOTO, c/o Pools, Route 25A, Rocky Point, NY 11778, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate inground pool in an area other than the required rearyard, at Bayberry Road, Nassau Point, Cutchogue, NY; District lO00, Section lll, Block 15, Lot 1.6 (part of 1.3). 7:55 p.m. Application for ESTATE OF LOUISE WILSON, c/o Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 and a Variance to New York Town Law, Section 280-a for approval of access over a proposed p~ivate right-of-way to be located on the north side of Main Road, Mattituck, NY; premises identified as District lO00, Section 122, Block 6, Lot 19. Page 2 - Legal Notice of Hearings Regular Meeting of THURSDAY, FEB. 14~1985 Southold Town Board of ~-~-peals 8:05 p.m. Application of CUTCHOGUE FREE..LIBRARY, 27550 Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-30(B), 100-31, and 100-119, for permis- sion to construct library addition leaving an insufficient rearyard setback at premises known as 27550 Main Road, Cutchogue, NY; District lO00, Section 109, Block 06, part of Lots 1 and 2. 8:10 p.m. Application of CUTCHOGUE FREE LIBRARY, 27550 Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[4] for permission to establish library use for an addition.~proposed at premises known as 27550 Main Road, Cutchogue, NY; District lO00, Section 109, Block 06, part of Lots 1 and 2. The Board of Appeals will at said time and place hear all persons having interests or concerns of the above matter. Written comments may also be submitted prior to or during the subject hearing. Dated: January 24, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ~- By Linda F. Kowalski, Secretary 'i (516) 765-1809 (alt~ 1802) ........................ .................................... x Instructions to newspapers: Please publish once, to wit: THURSDAY, JANUARY 24~ 1985, and forward seven affidavits of publication to: Board of Appeals, Main Road, Southold, NY llg71. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OlqqCE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .... PLEASE TAKE NOTICE that your application dated .... ~.~.' ~......~-.. ......... , 1~..~.. for pe~it to ~~. ~fion of ~op,~ ~..~'a. ~. ....... ...... ~ ~ ~'~]~ .... co~ ?~ ~ ~o. ]o00 s~tio~ ... ~ ~ ...... 8]o~k . .~: ....... ~t ~ ~ ~.~ Subdi~on F~e ap o ................. o .................. ...~.~a~.../~: ~z?....~~.. ~)...?~.~ z~:: ...... . ~. ~;~... ~:~.. ~~. ~...~ ~.~ ....... .. ~ ~.z ~ ~..~ ~..~ .... ~ ~.. ~., ~...~.~ .... .. ~~.. ~aa: ~...~..~.(~.. ~ .... ~. :..~... Rv 1/80 OTOWN OF $OUTHOLD, NEW YOR9 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~/~'~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ......... :'...of ..................................... Name of Appellant Street and Number ........ .~...q.~..q~..o..c~.u..e..: ..............................................................~..-....,.....,-..........-....-------New York ~I=RI=R¥ APPEAL TO Municipality State THE.ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:il/5/84 FOR: Building Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of .%.n... ................. .................... ' ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD ~Etenslon to e×i~inq b~l~l~ing 1. LOCATION OF THE PROPERTY .:~.7..5.5..O...~.~i~q....~..q/~.~....C..~.C..h.o..c~.q.e.. ....................... .-~.-..~ ...... Street and Hamlet Zone 1000 Sect. 109 B1. 06 Lot 002 OWNER(S): Cgtch~gue.~ree.~ibra~y. .......................................................Map No. [~"~7¥"0'fl via Contract of Sale with Ind. DATE PURCHASED:Conq..Churc~.&.$o~. 0/~ 22JR 4 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (IndicaYe the Ar%icle Section, Sub- section and Paragraph of the Zoning'Ordinance by number. Do not quote the Ordinance.) Article III , Section 100-30 B4 (~ ~ Io0'~J 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 (?~s) (has not) been made with respect to this decision of the Building Inspector br with respect to this property, Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No....: ............................ Doted ........................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat we would like to add an extension to the rear of the Cutchogue Free Library. This extension will be as close as 16 feet to the rear lot line at one point. Form zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunn~es- sar HARDSHIP b~au~ the ordinance requires that a library be greater than 50 feet from the rear lot line. Present distance to the lot line is 80 feet. Strict application of the ordinace would not allow the library to build and extension greater than 30 feet. This is insufficien~ ~or the needs of the library. If this application is rejected the library will have to once again resume its search for a home which will conform to the Town of Southold Ordia~nce. 2. The hardship createdis UNIQUE andisnotshared by all prope~ies alike in the immediate vicinity ofthis pr~e~y and in this use district because the property to the east is zoned Business and is used in part to store boats. The property to the direct rear has storage sheds (wooden and metal) within three feet of the lot line. The property to the rear-west contains the Old House and is 175 feet away at its nearest point. 3. The Variance would observe the ~irit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OFTHE DISTRICT because the library has been in residence in its present location since 1914. In a survey taken of library patrons 95% approve of the library staying in its present location and adding an extension (212/225). The library has agreed to maintain the external appearance of the existing building and construct an extension archi2 tecturally in consonance with the existing building and the Village Green. STATE OF NEW YORK ) ...~.~ .~ COUNTY OF .,,3L,'LF'~0LJ.<- ) Signature Sworn to this ........... ~ ....................... day of...~.~,...r~.....~.~ ..................... 19oCF LINDA F. i~0WALgKJ NOTARY PUBLIC, Stute of N~w Yof~ No. 52-4524771 Qualified in Suffolk County Commission Expires March 30~ OF SOUTHOLD PROPERTY STREET N S ~/ILL~GE RECORD CARD LOT D ST. SUB. TYPE OF BUILDING Ii~F__S. I SEAS. LAND IMP. AGE NGRMAL TOTAL, FARM DATE ~Aecdowland ~ouse Plot ~Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK BUILDING CONDITION BELOW ABOVE Volue Per Acre COMM. CB. ~ Mkt. Value REMARKS M. Bldg. Extension Extension Extension -Porch Porch Breezeway GdFage Patio O.B. Total I .... Foundation ~"~l'~ ti/e, Bath j //~.~. J 1 Dinette Basement /~/e ~ '~'-. Floors J *Jrt~ JK. -----~[ !Ext Walls J ~ &o ~t~'c 43 /_' Inter,orFmish ! ±~.._ ,p~/~ LR. ,'F re Place . __~ ....... Heat -~ l~ D ~ ........ I IT~ R~f Rooms 1st Flor BR. ~ ~.~:e~:io. e~mI ~2~ ~: ~:.. B ~l I Do~er Driveway Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 March 22, 1985 Pursuant to the requirementsof Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number John Bertani & Alexander Koke Frank A. Field Realty, Inc. Mr. & Mrs. Robert G. Norkus Gary Doroski Robert A. Celic Estate of Louise Wilson Joseph & Patricia Stiefler Cutchogue Free Library,./ ~-- Cutchogue Free Library Mr. Thomas Perillo Mrs. Alice D. Currie 3300 3303 3305 3310 3311 3312 3314 3315 3316 3317 3321 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 11788 APPEALS BOJkRD' MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 March 1, 1985 Mr. William Peters, President Board of Trustees Cutchogue Free Library P.O. Box 935 Cutchogue, NY l193B Re: Appeals No. 3315 and 3316 Variance and Special Exception Applications Dear Mr. Peters: Please find enclosed copies of the actions of the Board.of Appeals rendered February 14, lg85, approving the subject applications for the proposed addition. We'have furnished copies of same for the Planning and the Building Department for their files. The Building Department should be contacted for issuance of the building permit and any other approval may be necessary. If you have any questions, any time. please feel free to Yours very truly, Board which call at Enclosures Copy of Decisions to .. Building Department Planning Board Suffolk County Planning GERARD P. GOEHRINGER CHA~I RMAN Commission Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHO/D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. $ · E. Q. R .A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 33]6 and 3315 PROJECT NAME:CUTCHOGUE FREE LIBRARY 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 EnvirorLmental 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: [ ] ~ype II [×] Unlisted [ ] DESCRIPTION OF ACTION: To establish expansion of library use in proposed addition to present library which will have insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 27550 Main Road, Cutch0gue, NY; 1000:109-06- part of Lots I and 2. REASON(S) SUPPORTING THIS DETEP~INATION: (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 premises in question is improved and has an established library use. Road(~d ~eP~e~? in questi%n is a corner at the intersection of Main * FOR FURTHER INFORM3%TION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals~ Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. *(4) The premises is not located fna critical envfronmentalwetlands area. Copies of this notice sent to the applicant or his agent and posted on the To%rn Clerk Bulletin Board. Independent Congregational Church and Society of Cutchogue N.Y. /~ ~/~ -- Cutchogue, ~/~/~/S December 19, 1984 Southold Town Planning Board $outhold Town Zoning Board of Appeals Main Road Southold, New York 11971 Sirs: The Independent Congregational Church and Society of Cutchogue is the owne~ of the Cutchogue Village Green. This property is identified on Suff~k County Tax Maps 1000-109-5 parcel 6.1 (the west side of Case's ~ne) and 1000-109-6 parcels 1 & 2 (the east side of Case's Lane). I~ Village ~Green parking consists of perpendicular parking on the easterly side of Case's Lane and a 7600 square foot parking area on the westerly side of Case's Lane. The Independent Congregational Church and Society of Cutchogue and the Cutchogue Free Library have entered into a contract of sale agreement whereby the library will purchase parcel #2 (the Cutchogue Free Library) and part of parcel #1 (the parking area on the easterly side of Case's Lane. Mr. William Peters, President of the Cutchogue Library Board of Trustees, representing the library, and myself, Mary Tuthill, Chairman of the Independent Congregational Church and Society of Cutchogue, representing the Society, have made an agreement regarding parking. The sum and substance of this agreement is that the library will continue to make available to the Village Green patrons its parking lot. The Society, in turn, will continue to make available to the library patrons its parking lot. If I can be of any further assistance, please do not hesitate to make your wishes known. Yours truly, Mary H. Tuthill Chairman, Independent Congregational Church & Society of Cutchogue cc: William Peters Southold Town Board of Appeals MAIN ROAD- BTATIr ROAD 25 SOUTHOI-D. L.I.. N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAYflCKI TO: FROM: DATE: SUBJECT: Victor Lessard, Building-Zoning-Planning Administrator Jerry Goehringer, Chairman December 27, 1984 Cutchogue Free Library Applications Attached hereto for your review and comments is a copy of the recent letter from the Independent Congregational Church and Society of Cutchogue concerning the "joint" uses of the Village Green parking lot and the Library parking lot by both estab- lishments {see Section lO0-112{F)-"Joint Facilities). Please lf~t us know if any modification Library'!l request for a Variance. is required for the THE PRESENT LIBRARY BUILDING WILL LEAD TO THIS CENTRALLY LOCOtTED MAIN LIBRARY ON THE NORTH FORK OF LONG ISLAND APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKi ,~ 'l 10: FROM: DATE: SUBJECT: Southold Town Board of Appeals MAIN ROAD' STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Bennett Orlowski, Jr., Planning Board Chairman Jerry Goehringer, Board of Appeals Chairman February 8, 1985 Applications 'Involving Planning Board We would like to bring you up-to-date and to request your comments or recommendations on each of the following matters recently filed with our office prior to the advertising deadline, if possible. (Once our hearing is concluded, no additiona~ input legally can be accepted for consideration.} Date Filed 2-t -85 1 -28-85 1 -29-85 1 -28-85 l -9-85 l -9-85 l 2-4-84 2-8-85 12-31-84 Matter of Dominick Varano (Subdivision) Emilia T. Pike (Subdivision) Briden Machine (Site Plan, etc.) Wm. & Helen Coster {"" ") Joseph Lizewski Colgate Design {7-11, Cut) Cutchogue Free Library Saul Millman (Spec. Exc. & Var) Bayview Development Corp. ~,~,~ ~. ~;-,., ~. Tentative Deadline 3-4-85 3-4-85 3-4-85 3-4-85 {Hearing 3-7-85) {Hearing 3-7-85) (Hearings 2-14-85) 3-4-85 3-4-85 The following matters have received your responses and have been arranged to be held for hearings in the immediate future: ~Thomas Pertllo rt and Aldona Norkus John and Frances DiVello. j~ Meehan and Leonardi IHearing 2-14-85I Hearing 3-7-85* (Hearing 3-7-85*) (Hearing 3-7-85) s IC CO Southold, N.Y. 11971 (516) 765-1938 December 18, 1984 Mr~ William Peters Main Road P.O. Box 935 Cutchogue, NY 11935 Re: Cutchogue Library site plan Dear Mr. Peters: Please let this confirm the action of the Southold Town Planning Board, Monday, December 17, 1984. RESOLVED that the Southold Town Planning Board refer the' sire'plan for the Cutchogue Library for an addition onto the existing building to the Building Department for certification. Plans dated November 28, 1984. If you have any questions, please don!t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary c: Building Department w/ enc. TOWN OF $OUTHOLr~ OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 Jan.16,1985 Planning Board Town of Southold Main Rd. Southold,N.Y. 11971 Subject: From: Cutchogue Free Library Site Plan, proposed expansion Edward Hindermann Building Inspector Gentlemen: The above premises is located in an "A" Zoned district. The existing library use is use in this district by special exception of of Appeals. Residential a permitted the Board This being a corner lot, one side yard shall be deemed a rear yard (Art XI Sec 100-119)o The proposed addition reduces the rear yard set back to 19'-0". The required rear yard for this lot is 50'-0". The off street parking area is an existing non- conforming location. The four additional spaces proposed exceeds requirements for the seating of 40 people and meets the set back requirement from the adjacent residen- tial property line. '1 CO t. Page 2 EH:dsm Planning Board Cutchogue Free Library Cont. Jan.16,1985 Page 2 The Certification of this site plan would be subject to Board of Appeals approval of the rear yard set back reduction~special exception for the expan- sion of the libraby facilities. Applications have been maJe to the Boa~of Appeals and are on the agenda for hearing on Feb.~,1985. Yours Truly, Edward Himdermann Building Dept. Inspector EH:dsm ZONING BOARD OF APPE/[LS TOW~ HALL MAIN ROAD, S.Rf 25 $OUTHOLD. N.Y. I19~1 COUNTY OF SUFFOLK STATE Of: NEW YORK NOTICE IS HEREBY GIV- EN~ pursuant to Section 267 of the Town Law and the Pro. visions of the Code of the Town of Southold. tile 'follow- ing public hearinlls will be held by the Southold Town Board of Appeals at the Southold To~vn Hali, Main Road, Southold, New York at RegUlar Meetiltg c~ommencing at 7:30 p.m. on THURSDAY, FEBRUARY 14, 1985:. 7:30 p.m Application for PETER J. AND MARGARET S. TROYANO, c/o R.F. Lark, Esq. Main R6~d, Cutchogue, NY 11935 for a Variance to New York Town Law. Section 280-a for ~pproval of access oc~ a p~va~ right-of.way 1or'tod on' ~h~'north side of C.R. 48, Pecenic (alonll land now or formerly McGunnig]e) t~ premises known and identi- fied as District 1000, Section 73, Block 4, Lot 4. 7:40 p.m. Application of JOSEPH AND PATRICIA STI~F~R, .6760 Sound eeoc, Ma~ituek,. NY for Varinsc~ tO the Zoning Ordin. ance, Article Ill, Section 100- 3:2 for permission: (a) to build accessory horse barn in the frontyard area and (b) to erect fencing ~xceedit~ four-feet in height in ~he hontyard area, premises known as 6760 Sound Avenue, Mattit~ck, NY; ]Dis. trtct 1000, Sec~on 121, Block 04, Lot 08. 7:45 p.m. Application for THOMAS PERILLO, c/o Ru- dolplt H Brunt, E~q., Main Road,~ $onihold, :NY for a Variance to the 2~g Ordin- 6, LotJg. ~ ~ [~:057]p.m- Applicaton of ~UTC~OGUE FREE LI- /BRAI~f, 27550 Main Road, ~.Cutchollue, NY for a Variance to the Zoning Ordinance, Article 111;- Section 100-30(B), 100-31, amf 100-119, for per- mission to construct library addition leaving an insufficient rearyard setback at premises knOWn as 27550 Main Road, ~utchollue, NY; District 1000, Secllon 109, Block 06, part of Lots 1 and 2. 8:10 p.m. Application of CUTCHOGUE FREE LI- BRABY, :27550 Main Ro~d, ~utchogue, NY for a Special tException to the Zoning Ordin- ance, Article 111, Section 100. ~:J0(B) [41 for permission to ~stshlish library uSe for an ~ddirion proposed at preraises ~nown ~ 27550~ Main Read, ~utchogUe, NY;District 1000, ~ection 109, B~o~k 06, part of cts I and :2. The Board of Appeals will at ~i~d time and place hear ~11 ~rsons having interests or ~n. cerus of the above mall:er. ~?~ee cOmments may also be ~mitted prior to or during ~ subject hearing. ~ .t~d: J~u~ 24, 1985 ~ BY OF, DEB OF THE ~ $OUTHOLD TOWN ~ BOARD OF APPEALS ~ERARD P. GOEHRINGER CHAIRMAN ~ By Lied~ Fo KOWalski, Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH.MAN, a public newspaper printed at Southold. in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said long Island Traveler-Watch- man once each week for ........................ ..~.. ............ weeks successively, com~.9~,~, o~ the ........ ~ ...................... .............. Sworn to before me this c:~/('/~ day of Notary Public BARBARA FORBES Nottr~ Public, 8th~ of N~w York Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 Sou'rHoLD. L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if' no answer, 765-1802). Yours very truly, Ik Enclo;~re GERARD P. GOEHRINCER CHAIRMAN Copies to the following 1/22/85: Richard F. Lark, Esq. for Mr. and Mrs. Peter Troyano Rudolph H. Bruer, Esq. for Thomas Perillo Mr. and Mrs. Joseph Stiefer, Box 1167, Mattituck, NY Swim King Pools, Inc. for Anthony Pagoto Wickham, Wickham and Bressler, P.C. for Estate Cutchogue Free Library Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board,and ZBA Bulletin Board Individual ZBA files Building Administrator V. Lessard 11952 of Louise Wilson (ZBA office) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 4, 19 84 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning gppeal No. 3315 application of Cutchogue Free Library for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land- Use; site plan; survey; and seating plan. J~dith T. Terry Southold Town Clerk OTOWN OF $OUTHOLD, NEW YOR~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3-,~/~,~' TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Cutg. hogue Free Libra.r~f 27550 Main Road . Nome of Appellor~t Street and Number Cutcho~ue New York ........................................................................................... ~,,......~.~ .................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:il/5/84 FOR: Building Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of L%5...0.: .a..:..n.... ................ . .q ko..cJ..u_e.. .................. ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD extension to e~i.~in? h,~il~ng t. LOCATION OF THE PROPERTY .~.7..5.5.0 ..]~.~iq...~Q.~.~l,~...~.g..~..q..h..o.~.u..~. ....................... ..Ar.~ ...... Street ~ I-Iall~et 1000 Sect. 109 B1. 06 Lot 002 OWNER(S): Cgtghqgu~.~re~. T.ibra~. '~'~"~.' ........................................ [~"~'~b'"'0'01 via Contract of Sale with Ind. DATE PURCHASED :C~q.. Church .&. 0(~e2'2Xr(Jicle4 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (IndJcoFe Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III ~ Section 100-30 B4 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 Chop. 62 Cons. 'Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (jp~s) (has not) been made with respect to this decision of the Building Inspector or ~,ith respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .......... ; ...................... Dated ...................................................................... (J) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat we Would like to add an extension to the rear of the Cutchogue Free Library. This extension will be as close as 16 feet to the rear lot line at one point. ~orm ZB! (Continue on o~'her side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sory HARDSHIP becau~ the ordinance requires that a library be greater than 50 feet from the rear lot line. Present distance to the lot line is 80 feet. Strict application of the ordinace would not allow the library to build and extension greater than 30 feet. This is insufficient far'the needs of the library. If this application is rejected the library will have to once again resume its search for a home which will conform to the Town of Southold Ordi~a, nce. 2, The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this pr~e~y and: in this use district because the property to the east £s zoned Business and is used in part to store boats. The property to the direct rear has storage sheds (wooden and metal) within three feet of the lot line. The property to the rear-west contains the Old House and is 175 feet away at its nearest point. 3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the library has been in residence in its present location since 1914. In a survey taken of library patrons 95% approve of the library staying in its present location and adding an extension (212/225). The library has agreed to maintain the external appearance of the existing building and construct an extension archiJ tecturally in consonance with the existing building and the Village Green. COUNTY OF ~LE~Dll~ ss ...................................... Signature Sworn to this .............................................. day of ....... .................. Notary Public LINDA F. KOWALSk~ NOTARY PUBLIC. State of New Yor~, No, 52-452477! Qualified in Suffolk County Expires March 30, Commis~e. BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : Cutchoaue Free Library : : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. lhat it is the intention of the unders gned to petition the Board of Appeals of the lown of Southold to request a ~r~ance~ SC~c~al Excep~mnI (Spec a 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: The Cutchoque Free Library 3. That the property which is the subject of such Petition is located in the following zoning district: A-1 R~idential 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Variance for reduction of rear yard setback from the presently required 50 ft. to 16 ft. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XI Sectic~ 100-1lq ~nrn~r ln~ ITI 100-30 B4 (~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold 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: December 3, 1984 Post Office Address P. O. Box 935 Cutchogue, New York NAM~ James Homan PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS c/o Braun Oyster Company Main Road Cutchogue, New YOrk 11935 Sacred Heart R.C. Church '~New YOrk 11935 ~~i!ew York 11935 /JS'£0t-£96[ *O'd'D'S'R · ~96~- 'qe=l '00~£ tuJo-4 Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) /~ t :~/'.~-~o~,~i'-e ~ ~ L'1 , being duly sworn, deposes and says that on the ~ day of '-' - ~"~ec ~rr~ ~ d , 19 ~ d~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said per~ns by (certified) (registered) mail. Sworn to_before me ~his day of )~er~ Notary Public The ~.Y,S. mission of thi made by this [,qv~ronmental Quali~ R(:view /..ct requires sub- rs, and an environmer~Lal 'Jew will be before any action is SMCRT r-N';IRON%IENTkL A$SE$~,~ENT F~P~q (a) In order to answer the questions in this short EAF is is assu~ed that the preparer will use currently available infor=ation concerning the project and the l~kely impacts of the action, I~ is not exp. ected %hat additional studiee~ research or other lnves~igstlons will b· undert·~en, (b) If any question h·s been answered Yes the pro3ec% ~ay be sig~i£1can: ·nd · ccmpleted ~nviro~en%al Assessment Form ia necessary. (c) If all questions have been ·nswered No i% is likely that this pro3ect is (d) Envirc~nental 1. Will project result in a large physical to the project sl~e or physically alter more than 10 acres of land? · · · · · · · · · · · · Yes No 2. Will ~here be · major chan~e to any unique or X unusual land £o~n found on the site? · · · , · Yes No ]. Will pro,eot ·lter or have · large effect on an existing body of wa~er? , . · , · · · · · · Yes ~ No L. Will project have · po~entially l·rge impac~ on groundwater quality? . . . . , . . . . . . , . Yes ~. No 5, Will project ei~ni£icantly effect drainage fl~w on ad,scent sites? . . . , . o . . · · · , 6. Will project affect any ~hre·tened or endangered plant or animal species? . · . · · · · · · · * · . Yes No 7. Will pro,eot result in · ma3or adverse effect on ( 8. Will pro,eot h·vo · ~aJor effect on vi·ual chad- ac%er of the co~uni:y or scenic vi·we or viola8 know~ to be important ~o the community? . , , Yes 9. Will pro~ec: adversely impact any site Or stru¢~- ur· of hist·rio, pre-historic, or paleon~OlO~lo·l importance or any site designated am a cr$~lc&l environmen~al area by a local a~ency? . . . -- Yes No 10. ~ill project have a major effect on existing or future recreational opportunities2 , . , Yes., No ll. Will proJec~ result in major traffic problems or cause a ~Jor effect to existing transportation systems? , , · · ° · · * · · · · Yes NO 12. Will pro~e¢: regularly cause objectionable odors. noise, glare, vibra=ion, or elec~rit·l die~urb- ance as a result of the project's operation? · Yes ~ No 1]. Will project have any impact on public health or safety? · ° · · · · · · · · · · .... Yes No il. Will project iffc¢: the existing community by directly causing a growth in ~ermanent pop~l~- tion of ~ore than 5 percent over a one-year period or have a ~ajor negative effect on the charac%e-~ of the community sr nei~nbornooo?.. -- Yes ~o 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 5tony Brook office for instrGctions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possibre in order that we may 'continue processing your Z.B.A. application. [ ] I. [ ] 2. ! ] ~. [~] 5. [ ] 6. i ) 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full lengt, h of the property [ ] at least 100' m length Not located within 300' of waterfront or wetlands area May I~e 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 buildin§ 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 ti~e project and wetland areas,, it would help expedite the processing of ,your applica- tion. This questionnaire is made to explain th~ requirements of this State Law and to prevent any unnecessary delays in processing your application(s). [ I 'O ,,... t4or toga MAP OF' LAND INDEPENDENT CONGi2EGATIONAL CHUI2. CH ~' SOCIETY OF. CUTCFtOGUE ,SGALE: 50'. r AT CUTCHOGUE, N.Y. t09- & I, Z. ,SITE P L.,A/~,! /,, c~ ,,/,' C UT'CI-"iOGU:_ FREE NOV. ~,19~4 L 6 ~. CUTCHOC,-UF ,~REE