HomeMy WebLinkAbout5031
175 County Rd. 48 35
Green~rt, N~ ,[ ~ L_ -~l-
08
Theodore & Marie Petikas %3389 7/31/85
var+ance for resturant or busines~s~i~n~.~
residential zone -- ~o ~~
.M~ ~,:~~-', 0'~',~ O~~dTm/~A
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 10, 2002
Appl. No. 5031 - M. T. RADACINSKI 1000-35-1-8
STREET & LOCATION: 55 Sound Road, Greenport
DATE OF PUBLIC HEARING: January 10, 2002
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the westerly side
of Sound Road and the northerly side of North Road in Greenport. The property consists of
21,484 sq. ft. of land area with 100 ft. street frontage to the east and 200 ft. street frontage to
the south. The property is improved with a single-family two-story dwelling as shown on a
survey prepared by Anthony W. Lewandowski, L.S. dated April 10, 2001.
BASIS OF APPLICATION: Building Inspector's October 1, 2001 Notice of Disapproval for the
reason that applicant's shed is located in a front yard area rather than a rear yard as
required under Code Section 100-33.
AREA VARIANCE RELIEF REQUESTED: Applicant was disapproved in her building permit
application to the Building Department for the location of the existing shed at a minimum of
six (6) feet from the southerly property line facing the North Road.
REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and
personal inspection, the Board makes the following findings:
Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. Applicant proposes to construct a
new dwelling with an accessory garage attached to the dwelling by a porte-cochere, or
roof-covered portico to be used for vehicles to drive through and park or access the
garage. The as built storage shed is one story height and will not be visible. The shed
is very small (6' x 10').
The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. Applicant has two front yards and
has chosen a location of the dwelling centered with equal distance from both front
property lines, reducing the size of the remaining yard on her parcel.
The proposed variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because a stockade fence
makes it almost invisible from the street. No evidence has been presented to suggest
there would be an affect or impact on neighboring properties.
4. The action limits the impact of the variance by the shielding of the building with a fence
that exists, and additional plantings.
Page 2 - ~lanuary :[0, 2002
ZBA AppL No. 5031 - H. T. Radacinski
Parcel 1000-35-1-8 at Greenport
5. The difficulty claimed is self-created.
In considering this application, the Board deems this action to be the minimum action
necessary and adequate to enable the applicants to enjoy the benefit of a small shed, while
preserving and protecting the character of the neighborhood and the health, safety and
welfare of the community.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded Member Collins, it
was
RESOLVED, to GRANT the variance to locate a shed not larger than 6' x 10' as
applied for.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that violates the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Goehringer, Tortora, Collins, and Horning. ~(M~ember Dinizio was
absent.) This Resolution was duly ADOPTED (4-0!~.~j-~-~ ~ /
//',/*GERARD P. GOEHRi~NGER,/QFIAIRMAN
~../" Approved for Filing
GG
/ S6cflon 7208 ot f~e NM YMk Smo \
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
SUFFOLK COUNl~' EXECUTIVE
FEB 2
THOMAS ISLES, AICP
DIRECTOR OF' PLANNING
February 7, 2002
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s) submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county-wide or
inter-commtmity impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Colavito, Michael
Radacinski, M.T.
Enners, Peter and Rosemary
Healron, Michael and Marilyn
Williams, Shawn and Dawn
Maiorana, Martine
Guest, Richard
Aretz N. (Higgins, T.-Owner)
Oysterponds Historical Society
4928
5031
5040
5043
5044
5046
5047
5052
5061
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G/CC HORNY~.ONIN G~ONING\WORKING/LD2002 JAN/JAN\SD4928 JAN
TO:
Maggi Travis/Radacinski
11 Sound Rd.,
Greenport, NY 11944
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: October 1, 2001
Please take notice that your application dated September 27, 2001
For permit to construct an accessory shed at
Location of property 11 Sound Road
County Tax Map No. 1000 - Section 35 Bockl Lot 8
Is returned herewith and disapproved on the following grounds:
The proposed accessory shed is not permitted pursuant to Article IIIA Section 100-30A.4
which states;
"Accessory buildings shall be subiect to the same requirements as 100-33 of the Agricultural
Conservation District," which states;
"In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200,
and R-400 Districts, accessory buildings and structures or other accessory uses shall be located
in the required rear yard."
The proposed accessory shed is located in a front yard.
Total lot coverage after construction of the proposed accessory shed would be +/- 9 percent.
CC: file, Z.B.A.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL '
SOUTHOLD, NY 11971
TEL: 765-1802
Examined ,20_
Approved ,20
Disapproveda/c~J~-~/*9/'/°l
PERMIT NO.
BUILDING PElllT APPLICATION CHECKLIST
Do you li]IVe or need the following, before applying ?
Board of Health
3 sets of Buildiag Plato
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail to:
r-- . . - ~ ~, r,~ Bulldmginspector
~o 2 ~ ~ '" LICATION FOR BUILDING PERMIT
,( - '~ ~) ~ INSTRUCTIONS
a. This apphcation 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 waterways.
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 issue a Building Permit to the applicant. Such a permit
shall 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 what-so-ever until a Certificate of Occupancy
is issued 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, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections. /~
of al¥1ieant or name, ifa corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Nameofownerofpremises h~.-~d~l '--FF~I~S &~-~,o ~'~-I
(aston the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and'title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location ofland on~thich propos~ed work will be done:
House Number Street
County Tax Map No. 1000
Subdivision
(Name)
Section
Hamlet
Block I
Filed Map No.
Lot
State existing use and oecupa~fpremises and inte~ded use and oee~ey of proposed construction:
a. Existing use and occul~/cy ~ ~r ~:
b. Intended use and occupancy
Natur? of work (check which applicable): New Building'
Demolition
Addition Alteration
Other Work
Repair Removal
4. Estimated Cost
5. If dwelling, number of dwelling units
If garage, number of cars
Fee
Number of dwelling units on each floor
(Description)
(to be paid on filing this application)
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front Rear .Depth
Height. Number of Stodes
Dimensions of same structure with alterations or additions: Front Rear
Depth. Height. Number of Stodes
8. Dimeusions of entire new construction: Front Rear Depth
Height Number of Stories
9. Size of lot: Front Rear Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation:
13. Will lot be re-graded Will excess fill be removed from premises: YES NO
14. Names of Owner of premises Address Phone No.
Name of Architect Address Phone No
Name of Contractor Address Phone No.
15. Is this property within 100 feet of a tidal wetland? *YES NO
· IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF )
~/~-~,~ ~1 being duly sworn, deposes ~d says that (s)he is the applic~t
(Name of individuai §igning contract) above named,
(S)He is the ~ ~.~ LI ~xT~.
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application fried therewith.
Sworn to before me thi~,
zSfi ~ day of ~/r_.~-~-~c~ 20
Notary Pdbf!c
Notst~/~ubli¢, Stere of N~at York
No. 4Oli1:104
Qualified in Suffolk Coun~
Commission ExPires May 22,
~' / Si~tureof~Ap/p~lic~nt
For Of~e U~-e Only: Fee $ --TOWN OF ~OUTHOLD, NEW'YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR O~'.
Assigned No.~
2001
DATE OF BUILDING INSPECTOR'S DECISION APPEALED: ~i~
TO THE ZONING BOARD OF APPEALS: I(We) Marc~aret Travis Radacinski
of 11 Sound Road, Greenport,. New Yor~AP~~t). (Ye1#477_8589 )
HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED 7/23/01
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ....................... FOR:
( ) Permit to Build
( ) Permit for Occupancy
( ) Permitto Use
(×) Permit for As-Built
( ) Other:
Green art, N.Y.
1. Location of Pro,~ertv.....5..5. Sound Roa.d...a./..k./..a..1.1 .S..o..u..n.d ..R..q.a..d.e .......... '~'Pone
· '- 25 .......... i' .......... '~ ................ Margar et"~'~'~'vis
District 1000 Section .......... Block ......Lot(s) ........................ Current Owner .........................
Radacinski
2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection
and paragraph of Zonlng Ordnance by numbers. Do not quote fha Ibw.)
Article ........ Section 100- ..3..0..A.:.~ub-Section ..............
3. Type of Appeal. Appeal is made herewith for:
(x) A Variance fo the Zoning Ordinance or Zoning Map
( ) A Variance due to lack of acces~ as required by New York Town Law
Chap. 62, Cons. Laws Art. 16, Section 280-A.
( ) Interpretation of Article .......... Section 100-. .................
( ) Reversal or Other: ................................................................................................
4. Previous Appeal. A previous appeal (11~i) (has not) been made with respect to this
property or with respect fo this decision of the Building Inspector (Appeal # ...... Year ....... ).
REASONS FOR APPEAL {Addltional sheets may be used wlth applicant's sl.qnaturel:
AREA VARIANCE REASONS:
(1) An undesirabk ,ange wlllnotbe producedlnthe CHARACTER offhe neighborhood
oradefrimenffon byproperties, ifgranfed, because: The shed's position appears
to be in the side yard of the subject premises as viewed from the
residential street, but for the fact that this is a corner lot.
(2) The benefltsou~,.:bythe applicant CANNOT be achieved bysome method feasible
forfheappllcanttop~,ue, ofherthenanareavariance, because: The purpose is two-fold:
(1) as a utility shed; and (2) as an obstruction to the headlights that stop
at the intersection of Main Street and County Rte. 48 in Greenport.
(3) The amounfofrelle~reh ~edisnotsubsfantialbecause: The amount of the relief
requested is not substantial because the shed is placed in a very
unobstrusive position on the property.
(4) The variance will NOT ,ave an adverse effect or impact on the physical or
environmentalconditionsln ~:neighborhood ordistrlctbecause: The shed is small and
looks to be in a side yard as viewed from the residential neighborhood.
(5) Has the alleged difficul ;een self-created? ( ) Yes, or (x) No The intersection of
Main Street and. County Route 48 existed prior ~o ~h~ comstruc~ion of the
~r~va~e ~ne-Iaml±y ~wel±~ng ~n conformance w~tn ~ne Zoning ~o~e.
mis is the MINIMUM that is ~, cessary and adequate, and at the same time preserve and
protect the character of tt :~ neighborhood and the health, safely, and welfare of the
community.
( ) Check this box if USE V,k,~iANCE STANDARDS are c~plefed and attached.
Sworn fo before me fhfs18, (Signa~u~ of A~ellan~f or Authorized Agent)
~-~~day a (--)S~ep~b"e"r'"~~ 9~ (Agent mUSt submit Authorization f~om Owner)
~/~ Nj;~a~ublic MARGARET TRAVIS RADACINSKI
Z~l(/J(pp 08/00 ~ ELIZA,~[-I h J..-,~.~r~i.>H
/ / Notary Pubiic, State of New York
~ No, 01FA4973285
Qualified in Suffolk County ,,w ~1
Commission Expires Oct. 15.20 ~
11 Sound Road,
CJreenport. NY 11944
631-477-8589
To the Southold Town Board of Appeals:
I am requesting a variance for a garden shed of approximately 60 square feet which is not situated
according to Town Requirements.
First of all I would like to apologize for my ignorance: on being told I did not need a permit to
erect a garden shed, it did not occur to me that there might still be regulations involved.
Even so, my decision as to the placemem of this shed was not arbitrary. My property is fenced in
two sections. A traditional country fence to the fi'ont, and to the side of the house level with the
fi~ont of the house; and a full-enclosed "hack yard" consisting of all the area to the rear of the
fi'ont of the house.
Although I now know that the side of my house facing Route 48 is considered a "front" yard I did
not see it as such, as I would have done if it had been a residential street rather than a major
thoroughfare. Indeed, because of our proximity to Route 48 and the intersection with Main
Street, we decided on exactly that position for the shed. It serves as an obstruction to oncoming
headlights and, should a car or motorbike come speeding down Main and fail to make the turn
onto 48, it will crash into the garden shed not our downstairs bedroom.
Finally, I would like to note that it is our intention to plant trees and shrubs along the Route 48
Side of our house to further insulate us from the sight and sound of passing traffic. Within a year
the shed should be all but hidden fi'om view.
For the above reasons I respectfully request a variance to allow our garden shed to remain where
it is.
Thank you.
Yours sincerely,
Maggi Travis/Radacinski
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached. }
Marqaret Travis Radacinski Owner
B. Is the subject pr~m~$es listed on the real estate market for
-. sale or being shown to prospective buyers? { } Yes
{ x } No. (If Yes, please attach coUy of "conditions" of sale.
C. Are there any proposals to change or alter laud contours?
{ } Yes ~ } No
De
1. Are there any areas which con~in wetland grasses? No
2. Are the wetland areas shown on the' map s,,hm{tted with
eh~ s application? No
3. Is the prope=~y bu3_kheaded between the wetlands a~ea and
the upland buila~ng area? No
4. If your property cont~{~ wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? No
E. Is there a depression or sloping elevation near the area of
'proposed Construction at or below five feet above mean sea
level? No. (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map eh~t you are
s~bmit~{ng? Yes If none -dst, please state "none."
Please see ~hotographs submitted herewith.
G. Do ~ou nave any constr~ction taking place at
concern/rig ~curpremises? No If yes, please ~,hm{t a coUF
of your bt~ild{ng permit an~ map as approved by the Building
Department. If none, please state.
H. Dc you or any co-owner ~]so own other land close to eh{~c
parcel? No If yes, please explain where or m~hm~t copies
of deeds.
I. Please list present use or operations conducted at this
parcel residential a~d
propcsed nse residential
Marqar~t Travis
3/87, 10/901k
9 /
Radac inski
/01
617.21
Appendix C
Slate Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED AC'FION$ Only
PART i--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
aret Travis Radacinski
· 3. PROJECT' LOCATION:
Mulli~ieilRy Greenport County Suffol~
55 Sound Road a/k/a 11 Sound Road at intersection of Counts Rte.
48 and Main Street.
E. ~ PROPOSED AOTION:
I New C~ EXOIhs~n C~] M~ I/Ica t Iom'a It ecat loft
6. OESCfll0E PROJE~ 9RI~LY:
The location of a storage shed on a corner lot which has only
one side yard.
~. xuou., oF ~.o AFF~ N/A
~. ~C[ PROPOSEO ACT;ON CO~PLY WITH ~ISTING ZONING OR OTHER ~iSTING ~NO USE
' ~Y,, ~NO ~fNo. des~ibeb,ieBy Because the property is a cor~er lo~, the
storage shed needs to be located in one of the two front yards.
9. wH.r rs PnESE~T ~.O USE ~N WC~N~ OF
~ Residential ~ I.~ustria, ~ ~mmerclal ~ Agriculture ~ Par~FotesuOpen s.ac. ~ Olher
o,,:,,,.: This property fronts on Sound Road, which is a residential
street, and County Rte. 48, the major thoroughfare between Greenpoz
and Orient.
STATE OR
~ Yes ~o If ~s, list age~s) and Perm,Ua;provals
CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
.am.: __~_rqaret Travis Radacinski
If Ihe action is in the Coastal Area, and you are a stato agency, complete the
· Coasts! Assessmept Form belore procoeding with lhls assessment
OVER
·
TOWn'OF SOUTHOLD PROPERTY RECORD CARD
STREE'r C"-' i/~
OWNER
FoR~;~ER OWNER
RES. 2-t0
VILLAGE
CB. ~MISC. Mkt. Value
SEAS.
DIST./ SUB. LOT
ACR.
TYPE OF BUILDING
LAND IMP.
/ /0o
VL ~
TOTAL
NORMAL
FARM
DATE
13 E LOW
FARM Acre Value Per Value
Acre
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
House Plot
COMM.
REMARKS
BULKHEAD
DOCK
FRONTAGE
FRONTAGE
DEPTH
Totel
[M
10/01
~,, ¢, ~'7 ~¢¥(~ ~ 2--¢ %to~ Foundeti°n ~ , Both
Extension ~ ,f ~ t~: ' ~ { Basement ~_ :leers K.
¢ Ext. Walls V ,~I~ Ckn~ nteri°r Finish
Extension ~ ~(%~' g~ E~ ~ j .... ~ DR.
Extension ~kire Place Heat
Rooms
~V~,~ 2 ~ ~ ~ tq~ ~ 4qO Type Roof
~ ~ Recreation Roon Rooms 2nd Floe FIN,
Porch ~
Porch 5~t5¢ (~ ,%0 8~. Dormer
Driveway
Breezeway ~-
potio ~ 8~ 9
o.B. -~~o
APPLICANT
TRANSACTIONAL DISCLOSUR~ FORM
The Town of Southold's Code of Ethics prohibits conflicts of
interest on the part of town officers and employees. The
purpose of this form is to provide information which can
alert the town of possible conflicts of interest and allow
it to bake whatever action is necessary to avoid same.
YOUR NAME:
MARGARET TRAVIS RADACINSKI
(Last name, first name, middle initial, unless
you are applyinG in the name of someone else or
other entity, such as a company. If so, indicate
the other person's or company's name.)
NATURE OF APPLICATION:
(Check all that apply. )
Tax grievance
Variance X
Change of zone
Approval of plat
Exemption from plat or official map
Other
(If "Other," name the activity.)
Do you personally (or through your company, spouse, sibling,
parent, or child) have a relationship with any officer or
employee of the Town of Southold? "Relationship' includes
by blood, marriage, or business interest. 'Business
interest' means a business, including a partnership, itt
which the town officer or employee has even a partial
ownership of (or employment by) a corporation in which
the town officer or employee owns more than 5% of tile
YES NO X
If you answered "YES,' complete the balance of this form and
date and sign ~here indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicant)
and the town officer or employee. Either check the
appropriate line A) through D) and/or describe in the space
provided.
The town officer or employee or hie or her spouse, sibling,
parent, or child is (check all that apply):
__A) the owner of Greater than 5% of the shares of the
corporate stock Of the applicant (when the appIicant
is a corporation);
__B the legal or beneficial owner of any interest in a
noncorporate entity (when the applicant is not a
corporation)~
__C an officer, director, partner, or employee of the
applicant; or
D the actual applicant.
DESCRIPTION OF RELATIOn{SHIP
Submit ted
Signature
Print name
2001
this ~day of.Sep~.x~x
Margaret Travis Radacinski
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
TO:
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Southold Town Zoning Board of Appeals
FROM:
Elizabeth A. Neville
DATED: October 15, 2001
Zoning Appeal No. 5031
Transmitted herewith is Zoning Appeals No. 5031 - Margaret Travis Radacinski - Zoning
Board of Appeals application for variance. Also included is ZBA questionnaire, applicant
transactional disclosure form, SEQR short environmental assessment form, two copies of survey,
letter from Ms. Radacinski, a copy of the Suffolk County Tax Map, and six (6) pictures.
Of Southold
P.O Box 1179
"Southold, NY 11971
* * * RECEIPT * * *
Date: 10/15/01
Transaction(s):
Application Fees
Receipt~:
158
Subtotal
$15O.OO
Check#: 158
Total Paid: $150.00
Name:
Radacinski, Margaret Travis
11 Sound Road
Greenport, NY 11944
Clerk ID: LYNDAB Internal ID: 41188
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, DECEMBER 13, 2001
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following application will be heard at public hearing by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York
11971, on THURSDAY, DECEMBER 13, 2001, at the time noted below (or as soon thereafter as
possible):
6:30 p.m.- Appl. No. 5031 - MARGARET TRAVIS RADACINSKI. A Variance is
requested under Article III, Section 100-30A.3, based on the Building Inspector's
October 1, 2001 Notice of Disapproval, to locate a shed in an area other than the
required rear yard at 55 Sound Road, Greenport; Parcel 1000-35-1-8.
The Board of Appeals will hear all persons, or their representative, desiring to be heard at the
hearing, or desiring to submit written statements before the conclusion of the above hearing. This
hearing will not start earlier than designated. Files are available for review during regular Town Hall
business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809.
Dated: November 27, 2001.
GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
(Name of Applicants)
CTM Parcel #I000- '~ 5" - ~
AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
, New York, being duly sworn, depose and say that:
On the ~'"~ day of I'~c~-,.,li~--rz. ,2001, I personally mailed at the
United States Post Office in ~ oe-~-~o~-r , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified frOm the official records on file with the ( ) Assessors, or
( ) County Real Property Office ~o~'r'~°,--'~, for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the applicant's prol~erty.
Sworn to before me this
I~day of ~ ,200 ~
~ U(Notary Public)
LYNDA M, BOHN
NOTARY PUBLIC, State of New York
No, 01 BO6020932
Qualified in Suffolk County
Term Expires M~.,~h ~ ~0._~
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed. Thank
you.
· . T, ' e]=llM
m
Postage
CerUfied Fee
Return Receipt Fee
(Endorsement Required)
Restrrsted Delivery Fee
(Endorsement Required)
Total Postage & Fees
0.~ UNIT ID: 0944
2.10
1.50 Po~ma~
Here
Clerk: KTR~3Y
3.94 12/05/01
Postage
UNIT II): 09~
CerU fied Fee 2 · 10
Return Recep Fee 1 .SO Postmark
(Endorsement Required} Here
Clerk. KTRQ3Y
Restricted Delivery Fee
(Endorsement Required) __
~ot.~ Po~tago & Fo. $ ~.~4 12/05/01
U') Postage
m
ru
r--~ Certified Fee
rr'l Return Receipt Fee
[~3 (Endorsement Requirec
~ Restflcted DelJvery
r-1 (Endorsement Requfred
Tota[ Postage & Fee~
.:3'
2,10
1.50
$
UNIT ID: 0944
Postmark
Hem
Clerk: KTR~3Y
12/05/01
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the maiipiece,
or on the front if space permits.
1. Article Addressed to:
2. Article Number (Copy from service label)
A. Beceived by (P/ease Print C
C. Signature
D. Is delivery address
If YES, enter delivery add
3. Service Type
I~,,Certified Mail [] Express Mail
[] Registered r-I. Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
PS Form 3811, July 1999 Domestic Return Receipt
102595-00-M-0952
· Codlplete items 1, 2, and 3. Also complete
item 4 if Restricted ,Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if spa. ce permits.
1. Article Addressed to:
A. Received by (Please Print Cleady)
[] Agent
[] Addressee
D. Is delive~ it from item 1 ? [] Yes
If YES, enter delivery address below: [] No
3. Service Type
'l~'Certified Mail [] Receipt ' ~
Express Mail
[] Registered [] Return for Memhandise ~
[] Insured Mail [] C.O.D. '~ '--~
4. Restricted Delivery? (Extra Fee) [] Yes ) >, ~
2. ArticleNumber(Copyfrornservicelabel) '"'~1 l(~-(-~ C)O0 ~ /o~g~"
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-bi-0952
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
A. Received by (P/ease Print Cleady,
C. Signature ,
D. Is delivery address different fi'om item 1 ? [] Yes
If YES, enter delivery address below: [] No
Service Type
[] Express Mail
istered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
2. Article Number (Copy from service label) ~) l I I (.J- O ~[.~ ~ J ~ 3 ~'- ~2~:~ ~
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
7001 1140 0003 1235 7085
9Z6~
11944
U.S. POSTRGE
PRID
GREENPORT,NY
11944
DEC
H~UUNI
$3.94
00060331-0~
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
(Name of Applicant')
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- '5 5' - ~ ~
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
residingat ti ~o,)~ ~.~
, New York, being duly sworn, depose and say that:
On the ~'~' day of ~'b~,5-c~',,~B~--, 200 ~., I personally placed the
Town's official Poster, with the date of hearing and nature of my application
noted thereon, securely upon my property, located ten (10) feet or closer from
the street or right-of-way (driveway entrance) - faring the street or facing each
street or right-of-way entrance;* and that
I hereby confirm that the Poster has remained in place for seven days
I~rior to the date of the subject hearing date, whic~.~earin, g date was shown to be
~ ~ignat~r~)
Sworn to before me this
Ig?~l day
ary Public)
LYNDA M. BOHN
NOTARY PUBUC, State
No. 01BO602093~
~ualified in Suffolk Cou~lf
Term Expires March 8, 20
*near the entrance or driveway entrance of my property, as the area most visible
to passersby.
So'b\
Postage
RJ
~ CediEed Fee
Frl Return Receipt Fee
(Endorsement Required)
Restricted Deliven/Fee
(Endorsement Required)
Total Postage & Fees
0.34 UNIT ID: 0944
2.10
1.50 Postmark
Hem
Clerk: KTRQ~Y
$ 3.94 12/05/01
Postage
133
nj
Certified Fee
Return Receipt Fee
(Endorsement Required}
0.34 UNIT ID: 0944
2.10
1.50 Po~mark
Hem
Clerk: KTRQ3Y
3,9~ ' 12105/01
Postage
m
nj
Certified Fee
ITl Return Receipt Fee
(Endorsement Required)
Restricted Deliver/Fee
(Endorsement Requireq)
r-1 Totat Postage & Fees
UNIT ID: 0944
2.10
1 · 50 Postmark
Here
Clerk: KTRQSY
$ 3.94 12105101
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Deliver' is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· At~ach this card to the back of the mailpiece,
or on the front if space permits,
1. A~icle Addressed to:
2. Article Number (Copy from service label)
PS Form 381 1, July 1999
B. Date of Delivery
[] Agent
[] Addressee
Se]vice Type
[] Express Mail
[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
Restricted Delivery? (Extra Fee) [] Yes
Domestic Return Receipt
102595-00-M-0952
~ NO~CE IS ~BY G~, ~_
~) ~t. to Sec~on 267-bf ~e Town ~aw
To~n of Sou~ld; t~ fo!l~ing appli-
~°PS wilt~ h~: ~ pubic he~n~
~ ~c times not~ ~low (or
~er as ~ssible):
6:30 p.m. A~I. NO. 5031 - MAR-
G~T ~AVIS RADAC~SKL A
va~ncc is ~uested under ~ning
C~ S~on 1~30A.3, ~ on ~e
Building ~ent's ~to~r 1,
Notice of Di~v~, 1o ~r~e a
~nt y~d l~a~0n of ~ "~ b~lt" shed
ra~cr ~ ~c r~u~
Sound Ro~, G~n~; Parcel 1~-
6:35 p.m. AppL No. 5~6 - MAR-
~E MAIO~A. ~is is a request
~p~enffs ~to~ 18, 2~1 Notice
of Disapproval, under ~ning Code
S~fion I~30-A.3 for ~ addition Wi~
a fro~t y~ ~tback at l~s th~
ty line. ~ati0n of ~o~y: 12~0
M~n Rd., E; M~n, NY; P~el No.
6:~ p.m. Appl. No, 5~0 - P~R
and ~IZABE~ ~S. ~is is
r~es~ for a v~ge
ufldng Departments ~ctober 18,
Secti~ 100-239.4B. Applicant is
proposing to l~ate a d~k addition with
from the bulkhc~. L~ation
Pro~y: 15 East Mill Rd. Mattituck;
6:~5 p.m. AppL No. fi~l - J. & L.
BUSCEMI. ~s is a request for a
V~ance, based on thc Building
Dep~ent'sAugust 22, 2~1 Not ce 0f
~isapproval~ under Zoning Code
~B. Appl~mt is p~smg to con-
designed for ~ studio u~, in a front
building ~a coverage to over 20% of
6:50 p.m. AppL No. 505~ - A. & L
ALLESI. This is a request for a
Variance, based on the Building
of Disapproval under Zoning Code
Section 1~-32, disap~oving a third
sto~ height of thc (existing) principal
structure (dwelling), Iocat~ at 620
Rogers Road, Southold; Parcel No.
6:55 pm. Appl. No. 5~B -
~C~L md ~YN HE~ION.
the Bulling ~m~t~S S~m~r
28, 2~1 Notice of D~v~) under
Zoning C~c S~tion t~33. Ap~ov~
'for ~e l~ion of a swim~ng p~l in
~uested at 370 Soundview ~., Orient,
~S ~STO~C~ SOC~.
1~, 2~1 Noti~ of Dis~ov~, under
Zoning C0~ Section 1~-30A.3 to
from ~e ~ pm~y linc. ~ation of
7:05 p:m. AppL No. 5~ - S~
& DA~N ~. ~is h a r~uest
for a V~an~, b~d on ~c Budding
De~mcnt's ~to~r 31, 2~1 N~icc
S~tion l~239.4B ~d S~tion 1~-
3~. Applicm~ pro~ to l~ate an
acccsso~ c~a and swi~ng
with a sotek nt less th~ 75 feet from
th~ twenty (20) f~t from ~e side lot
Drive, Mattituck, ~; t~l~-ll-20.
7:15 p.m. AppL No. 5~8 - C. & R.
BA~LLO. ~ is a ~ue~ for
Variance, bas~ on the Building
Principal cb
t~ewspaper,
~outhold,
and that th~
copy, has b~
once each
~iv.elj~ cum
Sworn t~o._b~.
day of~ )~:;L
STATE OF NEW YORK)
)SS:
~[,~IJ~NTY pF SUFFOLK[
! ('~ ~ of Mattituck, in said
county, be~-~ ~[uly sworn, says that he/she is
~ THE SUFFOLK TIMES, a weekly
~iished at Mattituck, in the Town of
~V of Suffolk and State of New York,
e of which the annexed is a printed
~gularly pvblished in said Newspaper
for weeks succes-
lng on the~ ~ day
.
rincipal Cler~
me this ~
Commiss on Exuires Nov. 30, ~-
(631) 765-1809
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
Southold, NY 11971
Email: Linda. Kowalski(~TownotSouthold.nv, us or
Paula. Ouintieri(~ Towno fS outhold.ny, us
%31
fax (631) 765-9064
November 27, 2001
Re: Chapter 58 - Public Notice for Thursday, December 13, 2001 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing the recent application. The Notice will be
published in the next issue of the Suffolk Times.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, with a copy of e map showing your project area, to all owners of land (vacant or
improved) surrounding yours, including land across any street or right-of-way that borders your
property, on Wednesday, December 4th, Or sooner,. Use the current addresses shown on the
assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property
Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice
to that address as well.
When picking up the sign, a $15 check will be requested for each metal stand as a deposit, if you
already have a sign and stand and only need the laminated printout for the face of the sign, an
additional deposit is not necessary and we can mail or fax it to you. Please post the Town's
official poster/siRe no later than December 5th. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. (If you border more
than one street or roadway, an extra sign is furnished for each front yard.) The sign(s) must remain
in place for at least seven (7) days, and should remain posted through the day of the hearing. If you
need a replacement sign, please contact us.
By~em/~'er 13m, please submit to our office your Affidavit of Mailinq (copy enclosed)with parcel
numbers noted for each, and return it with the white receipts postmarked by the Post Office.
Later, when the green signature cards are returned to you by the Post Office, please mail or deliver
them to us (but not tater than the date of the hearing). If any signature card is not returned, please
advise the Board at the hearing.
On or about December 12th, and after the signs have been in place for seven (7) days, please
submit your Affidavit of Posting to our office. These will kept in the permanent record as proof of
ail Notices. (Please feel free to return the metal stands to our office for a return of your deposit.)
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosures ZBA Board Members and Staff
P.S. Please pick up the poster any day after Tuesday, November 27% Thank you.
Februa~ 4,2002
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. - 5031 - Radacinski, M. T.
Action Requested: Variance for existing shed in front yard location
Within 500 feet of: ( X ) State or County Road
( ) Waterway (Bay, Sound or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Gerard P. Goehringer, Chairman
By:
Enclosures
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lorn S. Collins ~/~,p~
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 24,2002
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
Mrs. MargaretTravis Radacinski
11 Sound Road
Greenpod, NY 11944
Re: Appl. No. 5031 - Shed Location Variance
Dear Mrs. Radacinski:
Enclosed please find a copy of the January 10, 2002 variance
determination with condition for the proposed construction. A copy of the Board's
decision was recently transmitted to the Building Department as an update to
their Department's October 1, 2001 Notice of Disapproval and permanent record-
keeping purposes.
If you have any questions, please feel free to call our office, or if you have
a question regarding the next step in the building permit review process, please
feel free to contact the Building Department staff at 765-1802 between 8 and 4
(or between 8 and 3 when visiting in person).
Very truly yours,
Enclosure
Copy of Decision to:
Building Department
GERARD P. GOEHRINGER
CHAIRMAN
COUNTY OF SUFFOLK
ReN PFOD~i'y Tox SeFViCe Agency
035