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HomeMy WebLinkAbout2927 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZON~qG BOAI~D OF APPEALS Appe~1 No. 2927 by application Dated November 18, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 DA~n~....2Z.~.l.8.2. 1981 Appel]ant at a meeting of the Zoning Board of Appeals on February 4, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance KX) Request for a variance to the Zoning Ordinance Art. III, ( ) 1982 the appeal Sec. 100-30A, B ~anted ( ) be denied pursuant to ~ticle .................... Section .................... Sub.cron .................... paragra~ .................... of the ~ning ~dinance an4 tile dec.on of the Building I~pec~r ( ) be reversed ( ) be Upon application of Janet A. Davis (by Rudolph H. Bruer, Esq), for a Variance to the Zoning Ordinance, Article III, Section 100-30A, B, for permission to operate an antique shop in an A-Agricultural and Residential District. Location of Property: Corner of Main Road and Pequash Avenue, Cutchogue, NY; bounded north by Scharadin; west by S.R. 25; south by Pequash Avenue; east by Carroza. County Tax Map Parcel No. 1000-102-3-7. (SEE ATTACHED) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE ATTACHED) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district becaase (SEE ATTACHED) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE ATTACHED) (would not) and therefore, it was further determined that the that the iviou~ RECEIVED ANI3 (BYb~ THE SOUU OnD IOWN ~ ~ ZO~ To~ Clezk, To~ o~ :ed variance ( ) be granted ( confirmed ( ) be reversed. ~G BOARD OF APPEALS ) be denied and Page 2 - February 4, 1982 Rendition Appeal No. 2927 Application of Janet A. Davis This appeal is for a use variance to permit residentially zoned property to be used as an antique shop. The premises in question are located at the southeast corner of New York Route 25 and Pequash Avenue at Cutchogue, New York, (Suffolk County Tax Map 1000-102-3-7). The property has a frontage of 99.86 feet on New York Route 25 and 153.90 feet on Pequash Avenue, and an area of 16,143 square feet. There is erected on the property a 2½-story wood frame dwelling house with a detached garage. There is a B-1 Business Area on the southwesterly corner of Route 25 and Pequash Avenue for a distance of approximately 200 feet on Route 25 and extending for a depth of approximately 450 feet along Pequash Avenue. The property to the north (across Route 25) east and south is residentially zoned. At the hearing, it was stated that the premises were owned by Helen Madzelan until her death in 1980. The executor of her estate has submitted an affidavit that there is a Contract of Sale to sell the premises to the appellant for $50,000.00, and that the premises were appraised at a value of $39.500 for estate tax purposes; that if used for residential purposes it would derive a monthly rent of $200.00. There was also testimony by a real estate broker that he has listed the property for two years and was unable to sell it for residential purposes. He also testified that, in his opinion, the property could not be used for any purpose other than some type of business use because of its location across Pequash Avenue from busi- ness zoned property and its location on Route 25, one of the main east-west highways in the Town. Before this Board may grant a use variance, on the grounds of unnecessary hardship, the record must show that (1) the land cannot yield a reasonable return if used only for a purpose allowed in the district; (2) that the plight of the owner is due to unique circum- stances and not to the general conditions in the neighborhood; and (3) that the use applied for will not alter the essential character of the neighborhood. The courts hold that one seeking a use variance must demonstrate that no use permitted by the Zoning Code will bring a reasonable return, which must be by "dollars and cents" proof, and that the proof required is not only met by the statement of a real estate broker that the property will not attract a purchaser for a purpose permitted by the code or that in his opinion the land will not yield a reasonable return if used only for conforming uses. The appellant has not sustained the burden of proving lack of reasonable return. As previously stated, the areas to the north, east and south of the subject premises are located in a residential district. Thus, the plight of the appellant is not due to unique circumstances. All of the neighboring properties are subject to the same circumstances. In the Board's opinion, the appellant's remedy is legislative and not administrative. For the above reasons, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the variance request is denied. Vote of the Board: Goehringer and Grigonis. Ayes: Messrs. Doyen, Douglass, APPROVED (Member Sawicki was absent, x~ /~ / . Chaimmn Board of Appeals COUNTY OF SUFFOLK ' DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING March 4, 1982 Mr. Charles Grigonis, Jr., Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, N.Y. 11971 Re: Application of "Janet A. Davis" (#2927) Town of Southold (SD-82-2). Dear Mr. Grigonis: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on }~rch 3, 1982 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. Sufficient information has not been submitted to demonstrate com- pliance with applicable "use variance" criteria; 2. It constitutes an apparent circumvention of legislative powers exclusively delegated to the Town Board; and It would tend to establish a precedent for further business de- velopment in the locale along N.Y.S. Rte. 25 inconsistent with the Town of Southold Development Plan which designates this area for suburban density single family residence development. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Ne,nnan Chief Planner GGN: j k VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L. I., NEW YORK · 979-2920 0 0 Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, 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: Variance from the Zoning Code, Article III, Section 100-30A, B Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 9-927 Applicant: Janet A. Davis Location of Affected Land: Corner of Main Road & Peqam~h Ave, Cutchogue County Tax Map Item No.: 1000- 102-3-7. Within 500 feet of: Town or Village Boundary Line 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. COMMENTS: Applicant is requesting permission to in an A-Agricultur&l and Residenti&l District. ,gperate antique shop c0~,ies of Board's Copies of Town file and related documents enclosed herewith for your review. Dated: February 8, 1982. Secretary, Board of Appeals Southold Town BoaQ of Appeals D~ember 17, 1981 PUBLIC HEARING: Appeal No. 2927. Application of Janet A. Davis (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30A, B, for permission to operate an antique shop in an A-Agricultural & Residential Dis- trict. Location of Property: Corner of Main Road and Pequash Avenue, Cutchogue, NY; bounded north by Scharadin; west by S.R. 25; south by Pequash Avenue; east by Carroza. County Tax Map Parcel No. 1000-102-3-7. The Chairman opened the hearing at approximately 7:35 p.m. and read the legal notice of hearing and application in their entirety. MR. CHAIRMAN: Do you have anything that you would like to add to what has been said in the application? RUDOLPH H. BRUER, ESQ.: I would like to read an affidavit of Victor R. Makis, who is Executor of HelenMadzelan, who is the owner of this property: STATE OF NEW YORK, COUNTY OF. SUFFOLK) ss.: VICTOR R. MAKIS, being duly sworn, deposes and says: That I am one of the Executors of the Estate of Helen Madzelan, deceased, Who died August 6, 1980. I am the owner of the premises situate at Southeast corner of the intersection of Main Road and Pequash Avenue, Cutchogue, NY. The premises in question were reported in U.S. Inheritance Tax Return Form 706 as having a value of $39,500 as of date of death. As owner of the premises I believe the value to be $50,000 as indicated in the Contract of Sale price to Janet A. Davis. The maintenance cost runs on this property approximately $600 a year, and Town, County and School taxes for 1980/81 was $914.26. There are no mortgages or other encumbrances upon the premises. At the moment there is no income whatso- ever from this property. ~If the premises were to be rented as a single-family residence, I would estimate the best rent I could get for it would be $200 a month unfurnished, which would yield an income of approximately $900 a year, which is a rate of about two (2%) percent investment on the principal involved, which I do not believe to be a reasonable rate. /s/ Victor R. Makis Sworn to before me this 23rd day of November 1981. /s/ Stephen F. Griffing, Jr., Notary Public. (Mr. Bruer submitted copies of the affidavit for the record.) I would like to submit at this time a couple surveys of the premises, which I just received today. I would like to submit that based upon the affidavit and some testimony that will be given here, that the property is residential property and will not yield a reasonable return in its present form. Obviously, Southold Town Bo~d of Appeals December 17, 1981 (Janet A. Davis Appeal No. 2927 continued:) the property as can be seen from the affidavit cannot be used for agricultural purposes, and it either has to be a residence or a business. The outfit here plans to use it basically as an antique shop using approximately, not approximately, but two rooms of the. premises as the antique shop, the front two rooms. I believe, if you will hold on a minute, I had the measurements and I'll find it and give it to you. But it's basically the living room and the dining room of the premises. Also I would like to point out to the board that the nature of the business is basically a seasonal one and wouldn't be used in particular at this time of year. I'm sure that you've all been out there. You know Where the premises are where it's located in terms of other businesses around. Across Pequash Avenue and zoned business and as can be seen from the application, and I'm sure you observed, an automobile repair shop, which is not condusive to residential living. I point out that based upon the business use of the property, it's being on Main Road, this is a hardship of the property itself. At this point I would like to ask a Mr. June Albertson, a local real estate broker, to come up regarding this property. A.W. ALBERTSON: I'm A.W. Albertson, Albertson Real Estate. And I just want to verify what Mr. Bruer has said. We have been trying to sell the property, and due to the location, we haven't been able to and it's been on the market now for two years. The garage across the street has stopped it and being on 25 is pretty hard. Also, I think that we have the comparable of -- Down the road here what we did with the Terry House, they changed that so that they let Sharp Real Estate go in there, which made a nice looking place but it was the same type of a situation. That house just would not sell as a residence due to its location, and I feel it will be well to let this one be used that way. MR. BRUER: So do you think the property could be used for any other purpose other than some type of a business use? MR. ALBERTSON: No, not in that location. MR. BRUER: And you've said that you've actively had this place on the market for at least two years? MR. ALBERTSON: Yes. MR. BRUER: And have you ever gotten any offers on it? MR. ALBERTSON: shown. No, we haven't. We have had any interest MR. BRUER: And would it be a fair statement that no owner can make a fair return on it as a residential property? MR. ALBERTSON: Well no, and absolutely. Southold Town Bogd of Appeals D~ember 17, 1981 (Janet A. Davis Appeal No. 2927 continued:) MR. BRUER: And would it be fair to state that this house is quite old and inadequately insulated? MR. ALBERTSON: Yes. MR. BRUER: I would like to further elaborate on the unique situation of the property. It is located between the 7-11,4 Wick- ham's Retail Fruit Market, and the Fish Store not too far away, not far away from the Keyfood Complex and the Nursery there. The properties that are basically there, I would have to admit there were a couple of residential premises that are there. The others of Mason Creek Farms. This is a place that's particularly close to the automobile shop. I believe the use requested here would be consistent with the character of the neighborhood. The request here and the situation is unique enough, although I don't think that the unique position is such that would bar the board from ruling in favor of the applicant based upon the favorable showing of a hardship here. I believe, with reference to the town attorney and Anderson and Zoning and the case law would show that that would not in itself be a hinderance to it. If you like, I could quote some -- as a matter of fact, I will read them. Referring to Anderson on Zoning which is a noted authority on zoning and referring the unique situations on a use variance, I quote the case of the Court of Appeals and Jayne Estates, Inc. against Raynor. And the court said,"in any case of the general rule where the landowner has made the requisite showing of financial hardship and compatibility of his proposed use with the existing land use pattern, it would seem preferable to grant the variance. To deny the variance solely on the ground that unique circumstances had not been shown leaves open the prospect of a successful assault on the zoning ordinance as being confiscatory." With that, as again I stated that the proposed use of the premises as an antique store would not change the character of the neighborhood, and if anything would probably enhance it. Thank you very much. If you have any questions, Mrs. Davis is here and would be glad to answer them. MR. CHAIRMAN: Is there anyone else that wants to speak in favor of this application? Anyone to speak against it? Mr. Goehringer has a question, I think. MEMBER GOEHRINGER: Mr. Bruer, this particular business is going to be used now for a business purpose. What would happen to the rest of the house? Will that be rented, or will anything else be done with it? Second story and such? MRS. DAVIS: That would be used for storage. MEMBER GOEHRINGER: That habitability of the house, Mrs. Davis, would not be used such as the kitchen area as opposed to Southold Town Bo~d of Appeals (Janet A. Davis Appeal No. 2927 continued :) ~cember 17, 1981 just making lunch or whatever the case might be. Thank you. MR. BRUER: Mrs. Davis, I would just like to ask you a question. Street traffic. How often do you usually get on a main street like that, a large number of cars, in case the board has any questions about the parking. MRS. DAVIS: I would say two cars usually. MR. BRUER: At a time? MRS. DAVIS: Yes. MR. BRUER: And I think from the survey you can see there is adequate parking, or it can be made available in the rear 'and the side. Thank you. MR. CHAIRMAN: Any other questions from any of the members of the board? (None) I'll offer a resolution closing the hearing and reserving decision until we get this all together. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be declared closed and decision reserved in the matter of the application of Janet A. Davis in Appeal No. 2927. Vote of the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Doyen, Douglass, 0 STATE OF NEW YORK) .. COUNTY OF SUFFOLK) SS: VICTOR R. MAKIS, being duly sworn, deposes and says: That.I am one Of the Executors of the Estate of Helen Madzelan, beceased, who died August 6, 1980. I am the owner of the premises situate at Southeast corner of the intersection of Main Road and Pequash Avenue, Cutchogue, NY. The premises in question were. reported in U.S. Inheritance Tax Return Form 706 as having a value of $39,500 as of date of death. As owner of the )remises I believe the value to be $50,000 as indicated in the Contract of ~ale price to Janet A. Davis. The maintenmcecost runs on this property approximately $600 a year, and Town, County, and School taxes for 1980/81 was $914.26. There are no mortgages or other encumbrances upon the premises. At the moment there is no'income whatsoever from this property. If the )remises were to be rented as a single-family residence, I would estimate the best rent I could get for i~ would be $200 a month unfurnished, which would yield an income of approximately $900 a year, which is a rate of about two (2%) percent investment on the principal involved, which I do not believe to be a reasonable rate. Swor~)to before me this No. 57 ~i'CiOR R. MAKIS " LEGAL NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of 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 Rna olas ~ay; west by Strachan, Private Road, and Bliss; east and south by Orient Harbor. County Tax Map Parcel No. 1000-32-1-12. ...... ~:3_5 E.~- Application of Janet A. Davis, Ca~in-gton ! Road, Cutch~a ~! '-~ah*~,~~%iion 1007' 30A, B for permission to ~ate an antm~, A-Agric~!turai_ _& .Residential i ~D~t ', · -' · , .Corner of Main Road and ~ Pequash Avenue. CutchoRue, adin; west by S.R. 25; south by .. ~equash Avenue. eas~ Carroza. County Taxx Parcel No. 1000-102-3-7. " 7i~'ff p.m. Application of Peter S. Terranova, Box 77, Box 950, Cutchogue, N.Y. for a Variance to the Zoning Ordinance. Article III, Section 100-30 for permission to estab- lish professional medical offi ces on premises zoned "A" Residential and Agricullural at 50 Ackcrly Pond Road 49725 Main Road), Southold, N.Y.: bounded mmh by .Mhn- s(m; west by Baker and south by Ackcrlv P()nd cast by M~di; IL.:ad~,,.Couutv Tax Ma~ Parcel ho. 10~-70-5- 4. 8:20 p.m. Application of Mamin Nelsen, Great Pe~nic Bay Boulevard, Laurel, N.Y., for a Variance to the Zoning Ordinance, A~icle III, Section 100-31 for permission to con- stru~ addition with redu~ion in frontyard area at 2835 Great Peconic Bay Boulevard, Laur- el, N.Y.; bounded no~h by Williams; west by Wendy Drive; south by Gr. Peconic Bay Blvd.; east by Blvd. and Kennedy. County Tax Map Parcel No. 1~0-128-5-4. 8:25 p.m. Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, N.Y.. fora Variance to the Zoning Ordinance, A~icle III, Se~ions 100-30 (A( and 100-32B for approval of insufficient side yard areas of existin~ buildings due t6 iaea- COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................ .* .................... weeks successively, commencing on the ..... .~....C~.. ....................... day/of:.~:~... ..... ~.~ ............ , 19...'.~ ~ ...... day of Notar~Public tion of new lot lines. Location of Property: Oregon. Road and Elijah's Lane. Mattituck, N.Y.; bounded north by North Road and Reliable Associates; west by Elijah's Lane;. south by Tuthill; east by Yaboni & ano. County Tax Map Parcel No. 1000-100-4-6. 8:40 p.m. Application of William A2 Krietsek, 9030 .Soundview Avenue, Southold, N.Y. for a Variance to the Zoning Ordinance Article III, Section I00-31, Bulk Schedule for approval of the construc- tion of attached deck and pgoi with reduced rearyard setback at 9030 Soundview Avemie, Southold, N.Y.; bounded north and east by Grattan; south by Mudd; west by Kreitsek. County Tax Map' Parcel No. 1000-59-7-27.2. 8:45 p.m. Application of Richard A. Miller, 2895 AL\~ drich Lane, Laurel, N.Y. for a Variance to the Zoning Or- dinance, Article III, Section 100-32 for nermi~ion tn cnn- CLEMENT J. THOMPSON NmARV ~imm ¢a~,.,~ ~ Ym'k struct wind generator exceed- ing the maximum height re- quirements at 289S Aldrich ~ Lane; Laurel, N.Y.; bounded north and west by Town of Southold; east Sy Aldrich Lane; south by Boschetti. County Tax Map Parcel No. 1000-12S-2-1.S. December S, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-~2(~l 0_(81Xl 0). Legal Notices LEGALNOTICE NOTICE IS HEREBY GIVEN, 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 fol- lowing public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 17, 1981 commencing at 7:15 o'clockp.m, asfollows: 7:15 p.m. Application of Frank E. Brophy, 75 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with an in- sufficient front and side yard setback at 75 Second Street, New Suffolk, NY; bounded north by Grathwohl & ano.; west by Martin; south by Wetzel, Grathwohl and ano.; east by Second Street. County TaxMapParcelNo. 1000-117-10- 20.7. 7:25 p.m. Application of James P. Latham, Plum Island Lane, Orient, NY for a Var- iance to the Flood Damage Pre- vention Law, Chapter 46, Section 46-19 for permission to construct cellar slab approximately eight feet above mean sea level in this V-5 Coastal Flood Zone and without structural support and anchor- age by pilings or columns. Location of Property: Private Road (Peter's Neck Pt.), Orient, NY; bounded north by G. Latham and Gids Bay; west byStrachan, Private Road, and Bliss; east and south by Orient Harbor. County Tax Map ParcelNo. 1000-32-1-12. 7: 35p.m. ApplicationofJanet ~. Davis, Carring~on lloa~l, Cutchogue, t~ ¥ for A variance ro the zoning Ordinance. A'~tlcIe Ill, Section 100.30A, B fur permlsmon to operate an' antique shop in an A-Agricul- c' tural ~ ~esidential District_ ' Location of Property: (~ornerof Main Ro~ and P~q,,~h Avenue, Cutcho~ue~ NY; --bounded north by Scharadin;' '-~est by ~.rt. z~; soum Dv ~h~ash Avefifie; east- by- '- Carroza. County Tax Man ~---7.~5~p.m fAppIicationo~Peter S. Terranova, Box 77, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Sections 100.31 and 100-34 for permis- sion to construct deck addition to dwelling with reduction of frontyard area and beyond property line. Location of Pro- perty: 1170 Huntington Blvd (a/k/a 565 Sound Ave.), Pc- conic, NY; bounded north by Murdock; west by Sound View Ave.; south by Huntington Blvd.; east by Hoffman; County Tax Map Parcel No. 1000-67-2-1. 7:55 p.m. Application of David Strong, by Richard J. Cron, Esq., Main Road, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article XIV, Section 100-141(D) for permission to construct additions to existing building pursuant to Appeal No. 825. Location of Property: 2400 Camp Mineola Road, Matti- tuck, NY; bounded north by Strong; west by Wilsberg, Strong and James Creek; south by Kreh & ano.; east by Kreh & ano. County Tax Map Parcel No. 1000-122-9-6.1. 8:05 p.m. Application of Jay P. & M. Joanne Davis-Slotkin, Box 950, Cutchogue, NY for a 'ariance to the Zoning Ordin- _,ncc, Article III, Section 100-30 for permission to establish pro- fessional medical offices on premises zoned "A" Residential and Agricultural at 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and ano.; south by Ackerly Pond Lane; east by Main Road. County Tax Map Parcel No. 1000.70-5-4. 8:20 p.m. Application of Martin Nelsen, Great Pec~nic BayBoulevard, Laurel, NY, for a Variance to the Zoning Ordin- ance, Article III, Section 100-31 for permission to construct additionwithreductionin front- yard area at 2~35 Great Peconic Bay Boulevard, Laurel, NY; bounded north by Williams; west by Wendy Drive; south by Gr. Peconic Bay Blvd.; east by Blvd. andKennedy. CountyTax MapParcel No. 1000-128-5-4. 8:25 p.m. Application of William J, Clark, Esq. for Jo- seph Yaboni and Myron Haupt- man, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sec- tions 100.30(A) and 100-32B for approval of insufficient side yardareas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yabeni & ano. County Tax Map ParcelNo. 1000-100-4-6. 8:40 p.m. Application of William A. Kreitsek, 9030 Soundview Avenue, Southold, NY for a Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule for ap- proval of the construction of at- tached deck and pool with re- . duced rearyard setback at 9030 Soundview Avenue, Southold, NY; bounded north and east by Grattan; south by Mudd; west by Kreitsek. County Tax Map ParcelNo. 1000-59-7-27.2. 8:~45 p~m. Application of Richard A. Miller, 2895 Aldrich Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct wind generator exceeding the maximum height requirements at 2895 Aldrich Lane, Laurel, NY; bounded north and west by Town of Southold; east by Aldrich Lane; south by Boschetti. County Tax Map ParcelNo. 1000-125-2-1.5. Dated: DecemberS, 1981. BYORDEROF THE SOUTHOLDTOWN BOARDOFAPPEALS 1TD10-3823 YORK ) )SS: JFFOLK ) ~....~.~..~.~..O. ........................... of Greenport, in said County, a representative of THE SUFFOLK TIMES, a weekly =lished at Greenpert, in the Town of Southold, County ; of New York, and annexed is a printed copy that has published in said newspaper once in each week --_ 10th week(s) successively, commencing ~n= ............... day .~r 19 81 --,. 10'th ~ me ;n,= ............................................ ~.CI2.b.C~'. ........... 19 ...... .~J ........................... HELEN K. DE VOE Y PUBLIC, State of New ' .~k 4707878, Suffolk Cou,ty ~ Expires March 30, 19.,~.~ © O LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of South01d, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 17, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Frank'E. Brophy, 75 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with an insufficient front and side yard setback at 75 Second Street, New Suffolk, NY; bounded north by Grathwohl & ano.; west by Martin; south by Wetzel, Grathwohl and ano.; east by Second Street. County Tax Map Parcel No. 1000-117-10-20.7. 7:25 p.m. Application of James P. Latham, Plum Island Lane, Orient, NY for a Variance to the Flood Damage Prevention Law, Chapter 46, Section 46-19 for permission to construct cellar slab approximately eight feet above mean sea level in this V-5 Coastal Flood Zone and without structural support and anchorage by pilings or columns. Location of Property: Private Road (Peter's Neck Pt.), Orient, NY; bounded north by G. Latham and Gids Bay; west by Strachan, Private Road, and Bliss; east and south by Orient Harbor. County Tax Map Parcel No. 1000-32-1-12. b ' 7:35 Application of Janet a. Davis, Carrington Road, p.m. utchogue, NY for a Variance to the zoning Ordinance, Article III,/ / Section 100-30A, B for permission to operate an antique shop in ( an A-Agricultural & Residential District. Location of Property: Corner of Main Road and Pequash Avenue, Cutchogue, NY; bounded north by Scharadin; west by S.R. 25; south by Pequash Avenue; east\ y Carroza. County Tax Map Parcel No. 1000-102-3-7. 7:50 p.m. Application of Peter S. Terranova, Box 77, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct deck addition to dwelling with reduction of frontyard area and beyond property line. Location of Property: 1170 Huntington Blvd (a/k/a 565 Sound Ave.), Peconic, NY; bounded north by Murdock; west by Sound View Ave.; .Page 2 - Legal No~' Board of Appeals ilar Meeting of Decomber 01981 south by Huntington Blvd.; east by Hoffman; No. 1000-67-2-1. County Tax Map Parcel 7:55 p.m. Application of David Strong, by Richard J. Cron, Esq., ~Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article XIV, Section 100-141(D) for permission to construct additions to existing building pursuant to Appeal No. 825. Location of Property: 2400 Camp Mineola Road, Mattituck, NY; bounded north by Strong; west by Wilsberg, Strong and James Creek; 'south by Kreh & ano.; east by Kreh & ano. County Tax Map Parcel No. 1000-122-9-6.1. 8:05 p.m. Application of ~ay P. & M. Joanne Davis-Slotkin, Box 950, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to establish professional medical offices on premises zoned "A" Residential and Agricultural at 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and ano.; south by Ackerly Pond Lane; east by Main Road. County Tax Map Parcel No. 1000-70-5-4. 8:20 p.m. Application of Martin Nelsen, Great Peconic Bay Boulevard, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with reduction in frontyard area at 2835 Great Peconic Bay Boule- vard, Laurel, NY; bounded north by Williams; west by Wendy Drive; south by Gt. Peconic Bay Blvd.; east by Blvd. and Kennedy. County Tax Map Parcel No. 1000-128-5-4. 8:25 p.m. Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) and 100-32B for approval of insufficient side yard areas of exist- ing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni & ano. County Tax Map Parcel No. 1000- 100-4-6. 'Page 3 O O ~"~egal Notice Board of Appeals Regular Meeting of December 17, 1981 8:40 p.m. Application of William A. Krietsek, 9030 Sound- view Avenue, Southold, NY for a Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule for approval of the construction of attached deck and pool with reduced rearyard set- back at 9030 Soundview Avenue, Southold, NY; bounded north and east by Grattan; south by Mudd; west by Kreitsek. County Tax Map Parcel No. 1000-59-7-27.2. 8:45 p.m. Application of Richard A. Miller, 2895 Aldrich Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct wind generator exceeding the maximum height requirements at 2895 Aldrich Lane, Laurel, NY; bounded north and west by Town of Southold; east by Aldrich Lane; south by Boschetti. County Tax Map Parcel No. 1000-125-2-1.5. Dated: December 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish Thursday, December 10, 1981 and forward 10 affidavits of publication to Board of Appeals, Town Hall, Southold, NY 11971, on or before December 16, 1981. O Legal Notice to the following on or about Monday, Dec. 7, 1981: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Mr. Frank E. Brophy Mr. James P. Latham Ms. Janet A. Davis Rudolph H. Bruer, Esq. for Davis Mr. Peter S. Terranova Rudolph H. Bruer, Esq. for Terranova Mr. David Strong Richard J. Cron, Esq. for Strong Abigail A. Wickham, Esq. for Davis-Slotkin Mr. Martin Nelsen William J. Clark, Esq. for Yaboni & Hauptman Mr. William A. Kreitsek Mr. Richard A. Miller O O ~K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 November 18, 1981 TELEPHONE (516) 765-1801 TO' Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal Ng, 2927 application of Janet A. Davis,, for a variance. Also included ~s notification to adjoining property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Wetlands Land-use; Notice of Disapproval from the Building Department, and survey of the property. JTT/bn Town Clerk ~ Enclosures TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ..:.,.tx.'/...~; .................... ..... .~'.'t:. ~,,...G¢.~:r~e.~.e../.".,.. /, ,.~ 7 / PLEhSE TAKE NOTICE that your application dated .................. ..~r.8. !f...,~9 .~./. for pe~it to ~ ...... ~cation of Prope~y HouM No. St~t HamMt County Tax Map No. 1000 Section / ~ ~ Block ~ ~t ~ .......... SubdMsion ................. F~ed Map No ................. ~t No .................. is retUrned he.with and disapproved on the follow~g ~ounds . ~ ~ ~ ~ ~ ~ ~.. ~.~. · f ~ ..... Building Inspector RV 1/80 C~ po 7. A LIFFERT$ P. IDSON RUDOLPH H. BRUER MAIN ROAD SOUTHOLDo NEW YORK 11971 November 2, 1981 (Sle) 76B,-I 212 (816) 7i8-ZSO0 uilding Inspector Town of Southold Town Hall Main Road Southold, New York 11971 Re: Premises-Main Road, Cutchogue, N.Y. SCTM9: 1000-102-3-7 Makis to Davis Dear Sir: It is the desire of our client to utilize the above property, located in an A Residential Use District, for the operation of an antique shop. Please advise us as to whether you would approve such use of this property, prior to November 4th if possible. Thank you for your consideration in this matter. // RUd~h H. Bruer RHB/df Ill 14-16-3 (12/78) APPENDIX, B .... S~O!~T ~V~O~rAL ,ASSESS~U~Cr ~O~M INSTR~T~ONS, (a) In or, er to answer the questions in this short ~.AF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If'any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is no__~t significant. ~ (d) Environmen.t,a,1.,,,,Apse.ssment , 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ............ Yes X No unusual land form found on the site? ..... Yes X No 3. Will project alter or have a large effect on an existing body of water? · · . . . . · · · · Yes X No Will project have a potentially large impact on groundwater quality? · · . · · · · . · · · · Yes X No Yes X No Yes X No 5. Will project significantly effect drainage flow on adjacent sites? . . · · · · · · · · · · 6. Will project affect any threatened or endangered plant or animal species? .... . · . . · · · Will project result in a major adverse effect on air quality? . . · · · · · · · · · · Will project have a major effect on visual char- acter of the com~munity or scenic views or vistas known to be important to the connnunity? · · · Yes X No Yes X No Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . Yes X No 10. Will project have a major effect on existing or future recreational opportunities? · . · Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · · · · · · · · · · · 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? · X No 13. Will project have any impact on public health or safety? · · · · · · · · · · · · Yes X No Will project Affect the existing community by directly causing a growth in permanent popula- .riCh of more than 5 percent over a one-year period o__r have a major negative effect on the character of the community or neighborhood?. · Yes X No 15. Is there.P~l~c controversy concerning the prolect? 'V Yes X. REPRESENTING: Janet A. Davis DATE: 11/4/81 9/[/78 Yes X No No Tt I r ll[ll II I To: Re: 11/4/81 (Today's Date) Southold Town Board of Appeals Main Road $outhold, NY 11971 Appeal Application of Janet A. Davis Location of Property: ..... S/E corner Main Road and Pequash Avenue, Cutchoque, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in yery good condition and.at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Ix ] Is not located within 300 feet of tidal wetlands to 'the best of my' knowledge.* [Starred items (*) indicate your property does not appear to fall Within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, Attorney for Applicant O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~ 9~ ~'~ DATE .. ~.o. ?........~..:....3:..9..8..1 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], s. ................. : ............ of ........ ................ Nome of Appello,nt Street and Number ................. ..C..a...~.?..~...O.~l..~..e..: ..................................................... .~..:..~..: .................. HEREBY APPEAL TO Municipolity Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .... ..~..o..¥..e....m~...e..~...~:.....]:..9..8..]: ........... WHEREBY THE BUILDING INSPECTOR DENIED TO Owner 81-8:2 Roll .... :..). ......... Nome of Applicant for permit of c/o Edson & Bruer, Main Rd., P.O. Box 1047, Southold,N.Y. Street and Number Municipality State (~) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ~/.~..9..~.~.~q~e..~..~.N~.a.~.~:`z}~..~..~.~.~.&~.~..e.~.~.~a.~s~h~.~..¥..e.~ ........ .A..~..~es. Cutchogue,NYStreet Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-30 A & B 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (N~r6) (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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Appelant would be unable shop on the premises3 o~~ ~ to operate an Form ZB1 (Continue on other side) ~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Appellant would be unable to use or own these premises and expect to yield a reasonable return as a residential home only. The purposes for the variance is to allow Appe~llant to operate an.Antique Shop on the premises without actually, living there, at this time. The use of the premises as an antique shop would be permissible under the present zoning as an accessory use of a residence. "° ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because across Pequash Avenue from the subject premises there is an automotive repair garage, which is obnoxious aesthetically and for other obvious reasons to the use of the sub,ject premises as a one family dwelling. This is substantiated by the fact that the owner has not been able to sell the subject premises as a one family dwelling; that a more proper use of the premises would be a business use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no new construction would occur and the physical appearance of the premises would remain unchanged. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this ............ .1..8...t..h. ......................... day of ......... .N...o...v..e...m~....e...r. ........................... 19 81 RIARY DIANA R)STER NOTARY PUBLIC, State of New York No. 52-4655242, Suffolk County Commission Expires March 30, 19; ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : JANET A. DAVIS : to the Board of Appea~s of the Town of Southo~d : 10: NOTICE 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) (SOe~fi~bcEcltae~:~pl~ie:kReclt~:~::l(:l:l~:~olLtoeli~ld: 2. That the property which is the subject of the Petition is located adjacent to your property a;~1 is des- cribed as follows: S/E corner Main Rd. & Pequash Ave., Cutchoque, N.Y. j 3. That the property which is the subject of such Petition is located in the following zoning district: A-Re sidential/Agricultural 4. That by such Petition, the undersigned will request the following relief: To use the premises for the operation of an antique shop. 5. That the provisions of the Southold Town Zoning Code applicable to..the relief sought by the under- signed are: Article III, Section 100-30 A & B 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. ?. 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 SuffoJk 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: November 18, 1981 ~-'/; R~~u~-~~'~~~x~e~L~ Petitio~er ~ do_lp.h. '~: Bruer,~orney zor Fe~l~loner Post Office Address Main Road Southold, New York 11971 NAME PROOF OF MAILING OF NOTICE ADDRESS Mr. & Mrs. Donald R. Scharadin Main Road Cutchogue, New York Mr. & Mrs. Ronald E. Carroza Pequash Avenue Cutchogue, New York 11935 11935 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary Diana Foster , residing at (No 9) McCann Lane, Greenport, New York , being duly sworn, deposes and says that on the 18th day of November ., 19 81 , 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- rice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) ~i~ mail. Swo~n'~before me this "18th ~otary Public ! $.3A $ 4 6 10.9 A (c) S~[ SEC. NO SE:[ S~C NO 096 Ift.6 & (c) '27.0 A .(.c ) SEE SE(: NO 096 _~_ LINE SEE SEC NO 096 3S.4& (c } 23,2 / / / / / / / / / I I / / / / / '/.~/o ':4lo}, 0 O~ ? / / / / / / / / IJNAUTHORIZED ALTERATION OR ADDITIOItl TO THIS SURVEY I$ A VIOLATION OF~"'"'"'~ SECTION 7209 OF THE EDUCATION ~ _COPIF~'I~IS SURVEY ~.AP NOT I~ARII~ IS P~EPARED, AND ON HIS ~HALF TO ,ITLE COMPANY, GOVERNMENI'AL ~NCY A. LENDING INSTITUTION LISTED H~. ~D TO THE &SSIGNEES OF TH~ LENDI~ TUTION. GUARANTEES ARE NOT TRANSF~RABL ADDITIONAL INSTITUTIONS OR SU~SI~OI ~' / PF~OP E [2_T' Y ~ ) SUI:~ CO.'I',I~ MAP. DATA, IO:D- IO2-3'7. I:~NAUTHORIZED ALTERATION OR ADDITIO~i.,,.-.,~ ,TO THIS SURVEY IS A VIOLATIO~I,.,~"'"~ SECTION 7209 OF THORK STATE ~......;¢.c~~ls survey MAP NO~ JMBOSSED SEAL SHALl. NOT ~ ,~O BE A VALID TRUE COPY. GUARANTEES INDICATED H[R~ON SHALL ONLY TO TH~ PE~SO',H FO~ W~OM FH[ ~RVEY IS PREPARED, AND Ohl H~S B~NALF TITLE COMPANY, GOV~HMENiAL A~NCY LENDING INSTiTUT:ON LISTED HE~O4~, ~D TO THE ASSIGNEE5 OF TH[ L[NDJNG ~STI- TUT',ON. GUARANI[~S A[.~ i.:O1 [O ADDITIONAL INSTITUTIONS OR ,au l:::' r..2~_; %K_.~Ar! .;:)A.T A, ~u.x)-~o,z-~ ~ ,';'. MAP OF TOWN ~C AL E- 40', !" El, MO?JU~EN'~- C