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Home My WebLink About3518 Southold MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPE~LS Appeal No. 35]8 Application Dated May 27, ]986 (Public Hearing June ]9, ]986) TO: Rudolph H. Bruer, Esq. as Attorney [Appellant(s)] for MRS. MARJORIE D. PETRAS Main Road S0uth0]d, NY 1197l At a Meeting of the Zoning Board of Appeals held on June 25, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2 [ ] Request for Application of MARJORIE D. PETRAS for a Variance to the Zoning Ordinance, Article XI, Section ]00-119.2 for insufficient setback of proposed additions from bulkhead along Corey Creek, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. WHEREAS, a public hearing was held and concluded on June ]9, 1986 in the Matter of the Application of MARJORIE D. PETRAS under Appeal No. 3518; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to construct two additions to an existing dwelling which are proposed to be located within 75 feet of the bulkhead along Corey Creek as restricted by Article XI, Section 100-119.2. 2. The additions proposed are: (a) to be attached along the (south) easterly section of the existing dwelling with a setback from the bulkhead along Corey Creek at its closest point of 37.7 feet (27.6' from the proposed deck), and (b) to be attached at the northwesterly corner of the existing dwelling with a setback from the bulkhead along Corey Creek at its clos- est point of 67± feet, all as shown on survey amended May 19, 1986 prepared by Howard W. Young, L.S. souther~ sT~ pcemise$ iD quQst!on.is located alogg the ot a pr]va~e r]gh~-oT-way reTerred To as "Koke (CONTINUED ON PAGE TWO) DATED: June 25, 1986. Form ZB4 (rev. 12/81) CHAIPd~AN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3518 Matter of MARJORIE D. PETRAS Decision Rendered June 25, 1986 Drive" containing an area of 8,641 sq. ft. [exclusive of the "Koke Drive" right-of-way] and frontage (lot width) of 100 feet as depicted on the May 1, 1986 survey of Howard Young and deed at Liber 6605 cp 104 dated August 8, 1969. The subject premises is improved with a single-family one-story frame house set back 28.6 feet from the front property line (along the south side of the right-of-way), set back 27.6 feet from the bulkhead along Corey Creek, and having sideyards of 8.4 teet on the west side and 19.8 teet on the east side. Also existing is an 8.2' by 10.2' framed accessory shed, which applicant has not included as part of the relief re- quested since the shed wil~ be permanently removed. 4. Submitted for the record is a copy of Permit No. 752 from the Southold Town Trustees which permitted the construction o~ a "...bulkhead 65 feet across applicant's property .... 5. It is also noted for the record that a conditional variance was granted by this board same date hereof under Appeal No. 3497 with conditions concerning limitations on lot coverage for all structures. In considering this appeal, the board finds and deter- mines that by permitting new construction as noted below: (a) the variance will be minimal and not substantial in rela- tion to the zoning requirement; (b) there will be no substantial change in the character of the district; (c) the circumstances are unique; (d) that the practical difficulties under these circumstances are sufficient to warrant the granting of a variance; (e) there is no other method feasible for appellant to pursue other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will best be served by allowing a variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a variance for permission to constuct two additions within 75 feet of the existing bulkhead along Corey Creek, BE AND HEREBY IS APPROVED under Appeal No. 3518 in the Matter ot the Application of MARJORIE D. PE?RAS, SUBJECT TO THE FOLLOWING CONDITION: There be a setback from the existing bulkhead along Corey Creek of the proposed new construction not c~oser than 37.6 feet (delete extention of deck). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. Ik ~ERARD P. GOEHRINGER, RMAN ouly 9, 198b Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEH;RINGER CHAIRMAN CHARLES GRIGOfllS, JR. / × S · E · Q. R .. a. SERGE DOYEN, JR, / NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 2~, 1986 Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3518 ...... PROJECT NAME: ~ Marjorie D. Petras This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: k~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Insufficient setback of proposed additions from bulkhead along Corey Creek LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 700 Koke Drive, S0~hold, NY 1000-87-5-006 REASON(S). SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be impleJ mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617.13 of the SEQRA, 6 NYCRR. .. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town.Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. COUN'FYOFiUFFOLK Department of Planning 360-5206 July 15, 1986 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Co~tssi°n are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Hunici al !ile Number(S) A licant(s) Marjorie D. Petras Marjorie D. Petras 3497 3518/ Very truly yours, Lee g. Koppelman DirectOr of Planninz Chief Planner ZBA 5/22/86 Page 37 HOWARD and JANET MALONE HEARING - Continued CHAIRMAN GOEHRINGER: No. We have to post negative declaration for 15 days, so at the very bare minimum, it would be 15 days. We will do the-best we can to expedite it. Mr. Pachman knows how good we are at that. I thank you very much, sir. Anyone else in favor? Against the application? Another easy hearing. Thank you sir, very much. Hearing no further comment on this I make a motion closing the hearing, reserving decision until later. --~MARJO.RIE D. PETRAS for a variance to construct addition in ex- cess of maximum permitted 20% lot coverage, 700 Koke Drive, Southol~ CHAIRMAN GOEHRINGER: (Read legal, notice and appeal application in their entirety for the record.) Would you like to be heard? LEON MOORE: I am here from Mr. Bruer's office. The first thing I will do is amend all the numbers. I will give you another sur- vey which, as I learned tonight in the hallway, even ~hat survey is not correct. So, bear with me, I have a copy of Some compu- tations, which actually what we are asking for tonight is a percentage variance of less than ~ of 1%. ~' CHAIRMAN GOEHRINGER: Ail right. LEOM MOORE: It has to do with ownership in the middle of the ROW. The survey that you have before you does not show ownership to the half-waymark of the ROW, Which in fact the Petras's do own. The survey which I have here tonight, which I will leave with you shows ownership to the halfway mark of a 30' right of way, whi~n is referenced in the Petras' deed. However, tonight in the hallway, I learned from next door neighbors, Mr. Diefenbach, that that ROW is a 50' ROW, and I have a copy of part of the survey that shows it to be a 50' across the front of the Petras' home. With a 50' ROW, we own half way and that's 25, so we have added 2500 sq. ft. The original survey shows a lot area of 10,181 sq. ft based upon a 30~ ROW. We should add an additional 1050 sq. ft. which is the additional footage, assuming a 50'ROW. Grand total 11,231 sq. ft.. 20% lot coverage of this new number 11,231 would be 2246 and the proposed addition is 882 sq. ft. The existing ~ deck is 246 sq. ft. The proposed deck 141 sq. ft. and the existing house 1,044 sq. ft. Total 2,313 sq. ft. There is a shed up in the corner, which I have not computed of 84 sq..ft., because we shall remove that. We ask that you allow us to maintain that shed during the course of construction and we will have it re- moved prior to the issuance of a c/o, only because it is used for storage at this time. ZBA 5/22/86 Page 38 MARJORIE D. PETRAS HEARIN~ - Continued ~HAIRMAN GOEHRINGER: What about the other deck on the south side? East side, right. Oh, it is an addition, I apologize. That is included in the number he gave us? LEON MOORE: Permited coverage is 2246 sq. ft. as opposed to actual 2313 sq. ft and it is only 67 sq. ft, which represents approximately ½ of 1% lotcoverage. I can put that in formal writing for you and I will get a new survey from Mr. Van Tuyl. I can continue on, having bored you with numbers and talk about why we want even ½ of 1% tonight. It is the intention of the Petras' to convert a summer cottage, without heat and convert it to a retirement home. It has been redesigned with a retirement couple in mind and includes an extra bedroom for Mr. Petras' elderly mother, who plans to live with them. The house pre- sently has 2 bathrooms which would be maintained. I have some exhibits to show you, prepared thinking we were asking for a very substantial variance, showing proposed elevations with the existing house. Also, we have pictures of the tax map blown up. The surrounding homes are going through similar types of construction. I have a letter from a title company which establishes, in its opinion, ownership to the halfway point of the road. My next exhibit for you is a series of letters. Pat Moore who did most of the work on this file spoke with the neighbors and having gotten their permission to take pictures of their homes, she got a series from neighbors, all in support of this appli- cation. I think that's it. CHAIRMAN GOEHRINGER: I have only figure on this from you and that was the original figure of 10,000 with a 30' ROW, half of the 30' ROW, 10, what did you say? LEON MOORE: Using the 30' right of way, I used this number on the survey from Young and Young, it was 10, 181, that included a 30' right of way. I then added to get 1,050. Any other questions? CHAIRMAN GOEHRINGER: Mr. Lessard, can we use. the ROW as part of the area square footage? Yes.~ Possibly you might want to pass them by the Building Inspector, so he can change a notice of disapproval. Thank you very much. Anyone else in favor? ZBA 5/22/86 Page 39 MARJORIE D. PETRAS HEARING - Continued ED. DIEFENBACH: I am the adjoining neighbor to the west and I have no objection to the application and I recommend its approval. Thank you. CHAIRMAN GOEHRINGER: Thank you, sir.. Anyone else in favor? Against the application? Before I close the hearing, pending receipt of your survey, Mr. Moore, do your clients have any objections that there be no further sideyard reductions? So the only other issue we are talking about is the distance from the water, from the 75' situation. MR. MOORE: The bulkhead was there prior to 77. CHAIRMAN GOEHRINGER: The only thing we are missing and the only thing you can't build is that proposed deck right there, because it is within the 75' area and we didn't advertise for that. We need a new application. It was not applied for because you were not turned down for it. It was not a part of the original denial. PAT MOORE: It was part of the application. The building inspector received the whole project. CHAIRM/LN GOEHRINGER: I understand, but he did not turn you down for that. We cannot include it because we only advertised based upon the denial for what you applied for. What you can do is when we are ready to grant this application, we will grant it for everything but this little portion and then you can bring another application back, because it is within the 75' area from the highwater mark. Yes, another application, eventually. PAT MOORE: That means another four months for them. CHAIRMAN GOEHRINGER: Actually, it is the entire addition, because it is within the 75' area. There is a new law in town which is plagued this Board. Part of the ordinance says that any house or structure on the bay side or creek side, is not permitted to build add or subtract, etc. 75' is that zone which is not permitted to build on and that has precipitated a tremendous amount of applications before this Board. This is an area which we assume has not been denied by the Building Inspector, therefore, we do not advertise for it. LEON MOORE. I won't ask why. ZBA 5/22/86 Page 40 MARJORIE D. PETRAS HEARING - Continued CHAIRMAN GOEHRINGER: Let me be honestu with you, we had another application for Port of Egypt and we attempted to expeditiously run things together, so we can do something like that also and it will be a little more lengthly, but it will be as bad. So, what you do is come in tomorrow morning and whenever you get the correct survey and then you file that survey and make separate application and get a denial ...... It has to be a separate application, so I think what we will do is recess this hearing until we have that 'hearing and we will run both of them together. We will mak~~ the negative declaration now, so we can make a decision then.. LEON MOORE: The floor plans that we have establish that the floor elevations to be 12'9" in zone A-4, that's elevation of 8'. MR. LESSARD: Is the ground itself above 8'? It should lift you right out of that zone. I don't know why you are there in the first place. CHAIRMAN GOEHRINGER: It is too late to get upset, so don't worry about anything. It says that proposed addition (Zone A-4) is substandard, requiring a flood development permit... ~ MR. MOORE: Ail the utilities will be in one room above ground. CHAIRMAN GOEHRINGER: What we will do at this particular time is recess this hearing until the other application is on the agenda and we will run both together. Hearing no further comment, I make a motion recessing this hearing until a later date. #3507 - At p.m. a Public Hearing was held in the matter of NICK THEOPHILOS for a variance to locate swimmingpool with deck and fence within 100' of fluff at 2200 Sound Avenue, Greenport. Chairman read legal notice and appeal application for the record. CHAIRMAN GOEHRINGER: Mr. Simerling, would you like to be heard? Questions, always questions. I met with these lovely people last Sunday, or Saturday and they informed me that no way was this the deck or any part of this structure going to be attached to their home, is that correct? MR. SIMERLING: Yes. CHAIRMAN GOEHRINGER: Now, I see a figure of 15' from the patio, which is enclosed over their house. That is 15' to the pool. Ther~ will be a deck encroaching closer to that. In no way will that deck be tied to the house in any way? Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. OOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 ×I , SectionlO0-119.2 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 318 Applicant:Mrs. Marjorie D. Petras Location of Affected Land:700 Koke Drive, Southold County Tax Map Item No.: 1000-87-5-006 Within 500 feet of: Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Established Channel Channel COMMENTS: Applicant is requesting ~R~X~X~MX~ a variance to the Zoning Ordinance, Article XI, Section 100-119.2 for insufficient setback of proposed additions from bulkhead along Core¥ Creek. Copies of Town file and related documents enclosed for your Dated: Secretary, BoardCof Appeals review. APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 July 9, 1986 Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3§18 - Marjorie D. Petras (Variance) Dear Pat: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed.this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have any questions, please do not hesitate to call e~ther our office (765-1809} or that of the building inspector (765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Secretary Enclosure Copy of Decision to: Building Department Sutfolk County Planniqg Commission Kowalski Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO ISSUED TO DATE: ~.gP~ .~ .. ]~:2..,:...! 972 Thomas CraicI Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893: and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordlnence en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance with the Resolution of The Board adopted at a meeting held onS~l%'~t 19. ?2.., and in consideration of the sum of $.5,.qQ. pald by ofM~.$..~.....~¥y~.~..~d~..,~9~hg]~g!., N. Y. and subject to the Terms and Conditions llsfed on the reverse side hereof, of Southold Town Trustees aufhorlzes and permits the following: construct bulkhead 65 ft. across applicant's property on Corey Creek, lot ~, private road, "Koke Drive", Southold, New York, all in accordance with the detailed specifications as presented the originating applcatlon. IN WITNESS WHEREOF, The said Board of Trustees here- by causes Jfs Corporate Seal to be affixed, end these presents to be subscribed by a meiority of the said Board as of this date. TERMS end CONDITIONS The Permit'tee Thomas Craig residing at /~in B~yview Road, Southold, N.Y., as part of the consideration for the issuance of .the Permit does understand and prescribe to the fol- lowing: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirecdy as a result of any oper- ation performed pursuant to this permit, and the said Pesmittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Pecmittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for a period of 12 mos. which is considered to be the estimated time required to complete the work involved, but should dreumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permictee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That .the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigedon as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water m~rks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shah cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or proj~t herein stated withont expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents .that may be required sul> plementai to this permit which may be subject to revoke upon failure to obtain same. N 22.86' · 6P30'OG"W. YOUNG B Y~)pN~'~i'J~,.':"',------'~=~,,i, / 400 OSTRAI~ER A~,,~Vi~,Er~ N.Y. ALDEN W. YOUNG~ N.Y.S.-"'~."~'"'LS. LID. NO. 1284,5 HOWARD W. YOUNG, N.¥S. L.S. LID. NO. 4,589'5 SURVEY FOR MARdORIE AT SOUTHOLD TOWN OF SUFFOLK MAIN BAYVIEW D. PETRAS SOUTHOLD COUNTY, NEW YORK MAY 11986 DATE: APR. , 986 SCALE: I" = 20' NO.: 86- 218 ROAD NOTE: FIRM ZONE A4, BASE FLOOR EL=8.0 SITE DATA LOT AREA= 8641 S. F EXISTING HOUSE = 1044 S.F EXISTING DECK =435 S.F EXISTING % OF LOT COVERAGE= 17% PROPOSED ADDITION=882 S.F PROPOSED DECK= 141 S,F PROPOSED % OF LOT COVERAGE = 26.7 % NOTE: ·=MONUMENT o=PIPE SUFFOLK COUNTY TAX MAP DIST ~ooo SECT. Oe? BL.OS LOTOOe ELEVATIONS ARE REFERENCE TO MSL DATUM (NGVD 1929) · 61 30'08"W. ! /00~ % ~,'.-DEN W. YOUNG, N.¥.S. RE. ~ L.S. LIC. NO. 1284S ~OWARD W. YOUNG, N¥S. L.8. LIC. NO. 4§893 SURVEY FOR MARJORIED. PETRA~ AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK MAY 19,1986 MAY I, 1986 DATE: APR. I, 1986 SCALE: I" = 20' N ~22.86' · 61 30°08.W. % 3. RE.~ L.S. LIC. NO. 12845 HOWARD W. YOUNG, N.YS. L,S. LIC. NO. 45893 MAIN BAYVIEW L=75.55' SURVEY FOR o~ I.-- MARJORIE D. PETRAS o AT SOUTHOLD ~1~ TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK MAY 19~ 1986 MAY I 1986 DATE: APR, ,1986 SCALE: I" = NO.: 86- 218 ROAD NOTE: FIRM ZONE A4 BASE FLOOR EL=8.0 EXISTING LOT COVERAGE TOTAL LOT AREA =10181 EXISTING HOUSE =1044S.F EXISTING DECK--435 EXISTING SHED=B4 S.E EXISTING % OF LOT COVERAGE = 15.4% PROPOSED LOT COVERAGE PROPOSED ADDITION =882 S.E EXISTING DECK TO REMAIN : 246 S.E PROPOSED DECK = 141S.E EXISTING SHED : $4 S.E EXISTING HOUSE:1044S.F PROPOSED % OF LOT COVERAGE = 23.5% NOTE: O=MONUMENT O= PiPE I. ELEVATIONS ARE REFERENCE TO MSL DATUM (NGVD 1929) 2. SUFFOLK COUNTY TAX MAP DIST, *ooo SECT. Oe? 8L, O$ LOT ooe :5 .TOTAL AREA = IOlGI 4.AREA EXCLUDING R.O.W.=8641 S.E NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Seuthold, the following public hearings will be held by ? he SOUTHOLD TOWN ~OARD OF APPEAL~ at the Southold Town Hall, Main Road, Soutbeld, NY at a Rogular Meet- ing of the SOUTHOLD TOWN BOARD OF APPEA[~ at the S~mt hold Town. Hall, Main Road, S,utbold, NY on THURSDAY, IUNE 19, 1986 and as follows: 7:30 p.m. Appeal No. 3489.- PAUL LEARY for a Reversal of ~rom the closest northerly prop- CDtstrict: "M-Light-Multiplc''! erty line as j~wn by sketched 8:30 p.m. Appeal No. 3510 - survey da~il 22, 1986. Lo- RICHARD AND RUTH ZF~ cation of Pro~l~ty: 6135 Indian ~ DLER for a Variance to the Zol~ Neck Boad, Peconic, NY; County , lng OrdinanCe, Article XI, Sec- Tax Map Parcel No. 1000-86~6- ! tion 100-119.2(B) for permission 19. i to ocato propose.d, pool, deck and 8:05 p.m. Appeal No. 3424 - fencing within 75 of be kbeador ELEANOR LEONARD for a tidalwater. LocationofProperty: Variance to the Zoning Ordi- 100 McDonald's Crossing off the nonce, Article III, Section 100- South Side of Peconic Bay 31, Bulk Schedule, for approval i Boulevard, Laurel, NY; Edge- oftwocontinuousparcels,having ~J mere Park Lots 12, 13, and 14; insufficent area width an~ County Tax Map parcel N°. depth Location of Property:il i~:~000'145'4-1.5' . Along R ght-of. Way offthe east~:"~ 8:40 .m. ~ppeal No. 3525 - side of Bay Home Road (and ~ PORT OF EGYPT ENTER~ along the end of'Willow Poinf~, PRISES for a Variance to th'~ Road), Seuthold, NY; County Zoning Ordinance, Article D,,c~s,,n of the Buildin~ lnsp~- Tag Map Parcels No. 1000-56-5- ~or for Nullification of Actions to 39, 40, and 41. ~ ssue a Modified Permit and De- ,f~:10 p.m. Appeal No. 3518 - molition Permit, and that the I/MARJORIE D. PETRAS for a uropertyownersbelef~toregular I Variance to the Zoning Ordi- arocedures of law, to be allowed ~/ hence, Article XI, Section 100-, ,nly after review by the Board of ]. 119.2 for insufficient setback of S, ppeals and in accordance with ]proposed additions from bud dl orovision~ of law. Name of ~ / ithead along Corey Creek, at 700 )wners~LocationofProperty:. / Koke Drive, Seuthoi~, ~. FBANK E. AND MARY/ County Tax Map t~arce~ ~o'. BROPtlY, 75 Second Street~ ~1000-87-5-006. New Suffolk, NY; County Tat~- 8:15 p.m. Appeal No. 3505~- Map Parcel No. 1000-11%10- 10.7. (Recessod from 5/1/86) 7:40 p.m. Appeal No. 3499 - DA NIEL AND LISA JEROME ' %r a Special Exception of the Zoning Ordinance for approval of an accessory apartment per- suant to Article III, Section 100- :t0tBL Lo~ation of Property: 45125 Main Road, Seuthold, NY; County Tax Map Parcel No. 100o-75-02-3.1. 7:45 p.m. Appeal No. 3502 - (IREGORY FOLLARI for a Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.2 for permission to locate new dwelling with an insuffi- cient setback from Long Island i ~<mnd bluff. Location of Prop-: er~y: North Side of Sound Drive ~ Greenpert; "Ma~ of Section Four- ['~ Eastorn Shores Lot no. ll7,Map [ No 4586; County Tax Map Par-: cci No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508 - DAVID MOOREfor a Variance to the Zoning Ordinance, Article XI, Section 100-119·2 for permis- sion to locate new pool, deck and £ence areas with an insufficient ~ setback from Long Island Sound i bluff. Location of Property: North Side of Seundvie. w Ay- enue, Southold, NY; County Tax Map Parcel No. 1000-51-4-17. 7:55 pm. Appea] No. 3515 - IOWARD REINHART and ~IIARLES HYDELL for a Cariance to the Zoning Ordi- mnce, Article XI, Section 100- il8tBI and Article III, Section 100-30iA) for permission to use , ,xisting building for woodwork- ,ng shop and sales in this "A-40" t(esidential and Agricultural: Zoning District. Location of Propetq. y: 43305 Main Road, !~econic, NY; County Tax Map Parcel No. 1000-75-01-16. 8:00 p.m· Appeal No. 3516 - ALBERT J. BODENSTEIN for a Variance to the Zoning Ordi- nance~ Ar~i&e ii.I, Section 100-31 · ' to eon~trucl ~ddi- RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article IlL Section 100-31 for permission to locate proposed new dwelling with an insufficient frontyard setback· Location of Property: ' 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport, NY; Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax Section 100-119.2(B) for permis- sion to locate marine fuel-storage tank structures in this "C-Light' Industrial Zoning District with an insufficient setback from landward edge of tidal wetl~and 'and from ordinary highwater mark, at 6230 Main Road, South: old, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:45 p.m. Appeal No. 3524 - PORT OF EGYPT ENTER- PRISES for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B} for per- mission to install/relocate marine f.,u, el-stor age tanks in thi~ 'C-Light' Industrial Zoning dis- trict, st 6230 Main Road, South- old, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:55 p.m. Appeal No. 3512 - SAMUEL BAILS for a Variance to the Zoning Ordinance, Article Map Parcel No. 1000-35-5-28 ~ I11, Section 100-31, Bulk 8:20 p.m. Appeal No. 3513 - · Schedule, for permission to con- STEPHEN SHILOWITZ for a struct deck addition and roof over Variance .to the Zoning Ordi- nance, Article XI, Section 100- 119.2lB) for permission to con- struct condominium complexes within 75' of bulkhead or tidal water. Location of Property: West Side of Sixth Street, Green~- port, NY; County Tax Map Par- cel No. 1000-49-01-25A. Zoning cellar stairs which exceeds the ' maximum-permitted 20 percent lot coverage and roof overhang with reduced sideyard setback to less than that permitted. Loca- tion of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No, 1000-144- 01-015. The Board of Appeals will hear at said time and place all persons or representatives desiring to I~ heard in each of the above heat- ings. Written comments may al~o be submitted prior to the tion. For more informatioff, please call 765-1809 (alt. 18021. Dated: June 9, 1986 BY ORDER OF THE SOUTHOLD Town BOARD OF APPEALS GERARD P. GOEtIRINGER CHAIRMAN '1TJ12~5283 ;arson of Groanport, in ng duly sworn, says that he/she is ,f THE SUFFOLK TIMES, a Weekly fliahad at Greenport, in the Town unty of Suffolk and State of New ha Notice of which the annexed is has been regularly published in }r once each week for ;ely, commencing on the _ 12 ~e 19__~8 6 , / Principal Clerk the Town LaW andltheCod~ Of the Town of S~uth0id,' the following pub.li~ hearings will be held by ih~ SOOTHOLD TOWN BOARD OF APPEALS at the SoutholdTown HaH, ~COUNTY OF SUFFOLK 8:00 p.m. Appeal No. 351~. '-' ALBERT J. BODEN:$1'I~IN a ~-~riance to the Zoning dinan'ce, Article. I11, 8e~ti6b, 100-31 for permission to con: eing duly sworn, says that she is the JUNE J9, 1986 and as follows: PAUL ~iror i ~ 0r '~, Decision of tbelBuikling Ip. Sl~"C~ tot for Nulljfic~tion of Actions to issue a Modified Permit and Demolilion Permit, and that the property owners be' left to, regular procedu~gof law, to be allowed only after review by the Board.of Appeals and in accor. · dance with all provisions of law Name of Owners/Location of Property: FRANK E. A. ND MARY BROPHY, 75 Second Main Road, Sonth01d, NY at a s~ruct~addition with an insuffi- IG ISLAND TRAVELER-WATCHMAN, Regular Meeting of '~he SOUTHOLD TOWN BOARD c~en.t ~e. tback..fr.om., the c!osest' printed at Southold, in Suffolk County; nortoe~rly property line as snown . . , TownOF APPEALS at theSobthOldHall, Main Road, I bysketched survey dated ApriI ;ff which the annexed is a prmteo copy, i 22, 1986. Location of Property. in said Long Island TraveJer-Watchman Southold, NY on THURSDAY, ~L35 Indian Neck Road; Peconic, NY; County Tax Map .......................... Parcel No. 1000-86-6219. ' . 8:05 p.m. Appeal No. 3424- ~cing on the ......... ELEANOR LEONARD for a Variance to th9 Zoning Or: dinance, Article IU Section' '...-"~'d-.'.'.'.~%.... , ]9 100-31, Bulk Schedule, for ap- ' ' ~-'' ,~ proval of two contiguous · · parcels, having insufficient area~ . . . · · width and depth. Location pi Property: Along Right-of-Wa~ off the east side of Bay Home Road (and along the end ut Willow Point Road), Southold, e this /c~.~ day of Street, New Suffolk, NY; Coun, NY; County Tax Map Parcels t,, Tax Ma,, Parcel No. No. 1000-56-5-39, 40, and 41. O--/ l~330.117.10.20.~.(p, eceSsed from ~ 8:10 p.m. Appeal No. 351~ ~ ...... 19. 5/I/86} . . [ MARJORIE D. PETRAS fori 7:40 I~m Au°esl No 3499- ~ Variance to the Zoning or. DANIE~.'ND'LISAJEiZOME ) dinanCe, Article XI, Sectior/ for a Special Exception of the ~ 100-119.2 for insufficient setbac~T /~ Zoning-Ordinanc~or approval ~/ of prop,os.ed a_ddition~s fron'' i~ 7~-... of an accessory apartment put*, ~/bulkh~ao alo~ ~Jorey,~mel(, a! ................ / .............. suant to Article 111 Secti n 700Koke Drive, Southold N~ \ Notary Pub c , o ............... . ...... 100-30(B). Locnti0n of proper. /t County Tax Map lnu'cel ~10. BARBA ty:45125 Main Road, SoUthol~ [: ) ~0~-.~87-5-006. ' .... '. . RA FORBES NY; County Tax Map Parcel N°. ~'--~.'_11 8.15 p,m. Appeal N?_. ?1~_~ ,otary Public, State of New York 1000-75-02-3 1 ' RALPH AND LUCIL No. 4806846 7:45 p.m. Appeal No. ~502- STOCKER for a Variange to Qualified in Suffolk County GREGORY FOLLARI forl. a the Zoning Ordinance, Article ' Variance to the Zoning_Ov~ ~ ii1, Section 100.31 for. permis- dinance, Article XI.' Section~i ~ sion to locate proposed new 100-119.2 for .permission te dwelling with an insufficient locate new dwelling with an in- : ~: fr0ntynrd setback. Location of sufficient setback from PrOperty: lC,80 Maple Lane Island Sound bluff. Location Of~ (a/k/a 55 Snug Harbor Road), Property: North Side of S6und Grcenport, NY; Cleaves Point~ Drive, Greenport; "Map of Sec- tion Four-Eastern Shores" Lot No. 117, Map No. 4586; Coun- ty Tax Map Parcel No. 1000-33-1-15. 7:$0 p.m. Appeal No. 3508- DAVID MOORE for a Variance to the Zoning Ordinance, Arti- cle XI, Section 100-119.2 for per- mission t6 locate new pool, deck and fence areas with an insuffi- cient setback,from Long Island Sound bluff. Location of Pro- perty: North side of Soundview Avenue, Southold, NY; County lhx Map Parcel N~. 1000-51-4-17; 7:55 p.m. Appeal No. 3515- HOWARD REINHART AND CHARLES HYDELL for a Variance to the Zoning Or- dinance, Article XI,. Section 100-118(B) and A~r ticle III, See~ lion 100-30(A) for permission to use existing building for wo0~ working shop and sales in thig "A-40" Residential an~t Agricultural: Zoning District. Location of Property: 4330~ Main Road, Peconic, NY; Coun-' ty Tax Map Parcel No. 1000-75-01-16. Section 3, Map No. 4650, Lot 59; County Tax Map Parcel No. 1000-35-5-28. STEPHEN SI-~I'LOWITZ for a Variance to the Zoni~..g Or- dinance, Article XI, Section 100-119.2 (B) for permission to construct condominium com- plexes within 75' of bulkhead or tidal water. Location of Proper- ty: West Side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000-49-01-25.L Zoning District: "M-Ligh!i- Multiple:' 8:30 p.m. Appeal No. 3516- RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permis- sion to locate proposed pool, deck and fencing within 75' of bulkhead or tidal water. Loca- tion of Property: 100 McDonald's Crossing off th.~ South ·Side of Peconic Bay Bdulevard, Laurel, NYc Edgemem Park lrots 12, 13, and ]4; County Tax Map Parcel NO. 1000-145-4-15. 8:40 p.m. Appeal No. 3524- PORT OF EGYPT ENTER- PRISES for a Variance the Zon- ing Ordinance, Article XI, Sec~ lion 100-119.2(B) for permission to locate marine fuel-storage tank structures in this "C, Light" Industrial Zoning District with an insufficient set- back from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6,6.1. ~ Commission Expire~ ff..~-7,,4/ 19 ,c>,~a~ 8:45 p.m. Appeal No. 3525- PORT OF EGYPT ENTER: PRISES for a Special,Exception to the Zoning Ordinance, Arti- cle VIII, Section 100-80(B) for permission to install/r~locate marine fuel-storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.L 8:55 p.m. Appeal No. 3512 - SAMUEL BALLS for a Variance to the Zoning Ordinance, Arti- cle 111, Section-100-31, Bulk Schedule, for permission to con- struct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20 per-. cent lot coverage and roof overhang will reduce sideyard setback to less than that permit- ted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County .Tax Map Parcel No. 1000-144-01-015. DATED: June 9, 1986. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings· Written com- ments may also be submitted prior to the conclusion of th9 hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: June 9, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN IT-6/12/86t36~ Southold Town Board of Appeals MAIN RI:lAD- STATE REIAD 25 SnUTHJ3LD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM It MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very.~J.~/~z Z. G'ERARD P. GOEHR~NGER ~/ CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and 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, NY at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY on THURSDAY, JUNE 19, 1986 and as follows: ~:30 p.m. Appeal No. 3489 PAUL LEARY for a Reversal of Decision of the Building Inspector for Nullification of Actions to issue a Modified Permit and Demolition Permit, ~nd that the property owners be left to regular procedures of law, t~ be allowed only after review by the Board.of Appeals and in accord- ance with all provisions of law. Name of Owners/Location of Property: FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-10-20.7. (Recessed from 5/1/86) 7:40 p.m. Appeal No. 3499 - DANIEL AND LISA JEROME for a Special Exception of the Zoning Ordinance for appmov~l of an accessory apartment pursuant to Article III, Section.,lOO-30(B). Location of Property: 45125 Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-02-3.1. 7:45 p.m. Appeal No. 3502 - GREGORY FOLLARI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate new dwelling with an insufficient setback from Long'~Island Sound bluff. Location of Property: North Side of Sound Drive, Greenport; i, Map of Section FourZEastern Shores" Lot #117, Map No. 4586; County Tax Map Parcel~No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508 - DAVID MOORE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new pool, deck and fence areas with an insufficient set- back from Long Island Sound bluff. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-17. 7:55 p.m. Appeal No. 3515 - HOWARD REINHART and CHARLES HYDELL for a Variance to the Zoning Ordinance, Article XI, Section lO0-118(B) and Article III, Section lO0-30(A) for permission to use existing building for woodworking shop and sales in this "A-40" Residential and Agricultural Zoning District. Location of Property: 43305 Main Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting June 19, 1986 Road, Peconic, NY; County Tax Map Parcel No. 1000-75-0~-16. 8:00 p.m. Appeal No. 3516 ALBERT J. BODENSTEtN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with an insufficient setback from the closest northerly property line as shown by sketched survey dated April 22, 1986. Location of Property: 6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-19. ELEANOR LEONARD for a Variance III, Section 100-31, Bulk 8:05 p.m. Appeal No. 3424 - to the Zoning Ordinance, Article Schedule, for approval of two contiguous parcels, having insufficient area, width and depth. Location of Property: Along Right-of-Way off the east side of B~y Home Road (and along the end of Willow Point Road), Southoid, NY; County Tax Map Parcels No. 1000-56-5-39, 40, and 41. i8:10 p.m. Appeal No. 3518 - MARJORI~E D__~. PETRA~S.]for a ariance to the Zoning Ordinance, Article XI, Sectio~ 100-119.2 or insufficient setback of proposed additions from b'ulkhead long Corey Creek, at 700 Koke Drive, Southold, NY; County Tax ap Parcel No. 1000-87-5-006. ~ 8:15 p.m. Appeal No. 3505 RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate proposed new dwelling with setback. Location 6f Property: Snug Harbor Road), Greenport, NY; Map No. 4650, Lot 5.~; County Tax Map an insufficient frontyard 1080 Maple Lane (a/k/a 55 Cleaves Point, Section 3, Parcel No. 1000-35-5-.28. 8:20 p.m. Appeal No. 3513 STEPHEN SHILOWITZ for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct condominium complexes within 75' of bulkhead or tidal water. Location of Property: West Side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000- 49-01-25.1. Zoning District: "M-Light-Multiple." 8:30 p.m. Appeal No. 3510 - RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool, deck and fencing within 75' of bulkhea or tidal water. Location of Property: 100 McDonald's Crossing off the South Side of Peconic Bay Boulevard, Laurel, NY; Edgemere Park Lots 12, 13, and 14; County Tax Map Parcel No. lO00- Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting - June 19, 1986 145-4-15. 8:40 p.m. Appeal No. 3524 - PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article ×I, Section 100-119.2(B) for permission to locate marine fuel-storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:45 p.m. Appeal No. 3525 - PORT OF EGYPT ENTERPRISES for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to install/rel'ocate marine fuel-storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel 'No. 1000-56-6-4, 6, 6.1. 8:55 p.m. Appeal No. 3512 - SAMUEL BAIL~ for a Variance to the Zoning Ordinance, Article III, Section·llO0~31, Bulk Schedule, for permission to construct deck addition and roof o~er cellar stairs which exceeds the maximum-permitted 20% lot co?erage and roof overhang will reduced sideyard setback to less than that permitted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-01-015. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the hearing in question.~ For more informa- tion, please call 765-1809 (alt. 1802). Dated: June 9, 1986. BY ORDER OF THE SeUTHOLD TOWN BOARD OF APPEALS~' GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday, June 12, 1986 and forward two affidavits of publication on or before June 17th to: Board of Appeals, Main Road, Southold, NY 11971. lk Page 4 - Notice of Hearings Mailing List Regular Meeting June 19, 1986 Copies to the following June 10, 1986 by mail, except as noted: Suffolk Times (personal delivery 6/10) LI Traveler-Watchman ('~ " 6/10) Town Clerk Bulletin Board posted 6/10 ZBA Office Bulletin Board posted 6/10 Howard E. Pachman, Esq., 366 Veterans Memorial Highway, Box 273, Commack, NY 11725 as Attorney for Brophy Frederick M. Reuss, Jr., Esq., Reuss Ruchala & Handler, Esqs., Attorney for Leary, Suite 103, 230 Hilton Avenue, Hempstead, NY 11550-8116 Rudolph H. Bruer, Esq., Attn: Mrs. P. Moore, Main Road, Southold 11971 Attorney for Brophy Mr. Samuel Bail, 1920 Sigsbee Road, Mattituck, NY 11952 Mr. Clarence W. Powell, 380 Robinson Road, Mr. Gregory Follari, 33 as agent for Gregory Follari Greenport, NY 11944 Fairview Avenue, Park Ridge, NJ 07656 Mr. Christopher Schwarting, Southold Pools, as Agent for Dave Moore ~ P.O. Box 539, Southold, NY 11971 Mr. David Moore, 301 East 47th Street, New York, NY Apt. #3M Mr. Howard Reinhart, 107 Lone Beach Road, St. James, NY llY80 Mr. Charles Hydell, 36570 Main Road, Peconic, NY 11958. (Peconic Wood Design) Mr. and Mrs. Albert J. Bodenstein, 6135 Indian Neck Lane, Peconic 11958 Rudolph H. Bruer, Esq., Attn: Mrs. P. Moore, Main Road, Southold, NY l1971 as Attorney for Mrs. Marjorie Petras Gary Flanner Olsen, Esq., Main Road, Cutchogue 11935, as Attorney for Mrs. Leonard Leonard Mr. Garrett A. Strang, as Agent for Mr. and Mrs. Ralph Stocker, 54655 Main Road, Southold, NY 11971 Stephen R. Angel, Esq., as Attorney for Stephen Shilowitz, Esseks, Hefter, Cuddy and Angel, 108 East Main St., Box 279, Riverhead, NY 11901 Mr. Stephen Shilowitz, 330 East 33rd St, New York, NY 10016 Mr. and Mrs. Richard Zeidler, Box 165, Edgemere Park, Laurel, NY 11948 Mr. Merlon Wiggin as Agent for Port of Egypt, Box 672, Greenport 11944 JUDITIt T. TERRY TOWN CLI~R K REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 May 27, 1986 To: Southold Town Zoning Board of Appeals F~om: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3518 application of Marjorie D. Petra for a variance. Also included is Notice to Adjacent Property Owners; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; Notice of Dis- approval from the Building Department; and survey. Southold Town Clerk TOWN OF SOUTHOLD, NE~ YORK RE.~i~L FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ S/~/ DATE ......~....~...7./~. ....... Name of Appellant Street and Number Municipality ....../~....V.. ................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR F~I~i~Tm~....~...~../..~...~.£.~...~...~.~./..FDATED ...... ../..z./.../..~../....~.,L'Z.. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of 3~/ ,~c/-/,9~- ~. g~/- toc~..~..~.~..z/.~.~...4/v' Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .....?...~...~. ....... ~--~-~ r~,~ ¢^_-.-~^_-, ~, , A, ~_ ~~D~1~;~;/~/~u~/'y~L~.~i~$/~= Street Use District on Zoning Map ....... -. .......................................................................... CutrenL 0~net ~/4~'~1~- ~ · ~/~-4~ .~ 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 ~Ordi.nance.) 3.yPE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal een made with respect to thins decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ............. ~.....~.~.:~......Dated ....... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ('~ A Variance to the Zoning Ordinance ( ) is requested for the reason that iaorrn ~'~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by oil properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF ~.gC/F-(~r-/<-, SS Signoture ~ARY DIANA FOSTER ~O)'AR¥ PUBLIC, State of New York No, 52-4655242, Suffolk County Commission Expires March 30, zg ec'"~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (5~c~;,,', [^~wtlon) (~;a; :'~,,,~;~ ~ [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ?c~O /C~/~-- ~)~!/.;~ . ~0,977¥0L/3 . &.'~'- 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ,2:~,~,;~/$s'/~,,x/ ,~-~-_ o,v w' l.,, 75- $. That the provisions of the Southold Town Zoning Co_de apElicable to the relief sought by the under- signed are Article ~ Section /(Do //4~, ~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 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. Southoid, New York and you ma)' then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Oa,ed: Petitioner ,~)~; 0wners'Names Post ~fice Addr~s (Tel. TbS- NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS SS.: STATE OF NEW YORK ) COUNTY OF SUFFOLK) SW- iS-" 2/7 ,Z~.,e-7','~/C/f:~ C /Y?o0~-~ , residing at BTO T~7~J ~- ~THO~-~ ~/>~ , being duly sworn, deposes and says that on the .23 day of /~.~' ,19 ~ , 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 ~O(,~,~T'~/_~> , A/, ~/. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. / Sworn to, b/~fore me this day of ~r//~.~ ,19 J J ?MA ¥ ANN , [ ~RY PUBLIC S*-*- -' ~ ,~,~ u, ~ew r0rk ~ ~m~ in Suffolk ~oun~ ~ .... No. 52-5895~00 " 30. does not have to be completed on form ) transmitted to adjoining FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ....~~.&...~:¥....//.~ 7/... PLEASE TAKE NOTICE tl~at your application d.ated . .~.~..~...~ ........ 19 ?..~.. for permit to construct. ~..~'. a.. ,~; .~'?..13~.~ ~~ ~ at Location of Property . ~ ~ .................. .~.: ............. ~ ~_... ..... House No. Street Ham/et County Tax Map No. 1000 Section . .(~ .'i~.~ ...... Block .... O ''~ ..... Lot .. C~.~..~. ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..(~-~4..~...~, c~-~,,~ .) .oTq. ~ .I.~.~.,..&.. ~.~4~.. ~...~ .~ .~ .o...~....~....~..,~. ~....~. ~..~&.. ....... Building Inspector RV 1/80 (Today's Da~e) To: Southo!d Town Board of Appeals Main Road Sou~hold, NY 11971 Dear Sirs: In reference to the New York State Tidal Wetlands Land-use Regu~'ations, 6 NYCRR, Part 661, and Article 25 of the ~let.; York State. Environmental Conservation Lav;, please be advised that th subject property i,n the within appeal application: May be located ~ithin 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length." [ ] May b'e '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 aDuroximately feet in length. ~ ' [ ] May be located within 3.00 feet of tidal wetlands; however, constructed along the %~ater-lying edge of this property is a bulkhead less than 100 fee~ in length. [ ] May be located :.~ithin 300 feet of tlda! wetlands; and there is no bulkhead or c~ -~,, 'on the premises, eno .... wall existing not - [ ] Is not located within 300 four of tidal wetlands to the best of my knowledge.* appear to [:;tarred items (*} indicate your property does fall within the jurisdiction of the N.Y.S. D,E.C.] Sincerely yours, (S£,j;la ~uru p.uas~ / NOTE: If proposed project falls %~it~kin D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your a~plication can be scheduled for a public hearing. . ~. - T,~e ;~.Y.~Environmen~al Quality ~(~: mission of ~.'s form, and an environme~ Ac~ require~ review will made by this board before any action is taken. ,~HORT ENVIRO?~.!ENTA~ ASSF.SS.','ENT r sub- be (d) ,~nvironmental A.~se~mment ,.~- , *'1o Will project result in a 1arkie ~hyetcal ch~n~e to the project site or physically alter more - 2. Will there be a major change to any unique or unusual land form foun~ on the site? · . · . Will project al%er or have e larEe effect on en existing bod~ of water? · , , · · , , , Will project h~ve a potentially large impact on groundwater quality? · · , , . , . , , , . , Will project significantly effect drainage fl~w 6.Will project affec: any threatened or endangered 7. Will project resul: in a major adverse effect on Will project have a major effsc: on visual cbnr- 9. Will project adversely impact any site or ute of historic, pre-Bletoric, or pal~onto~o&teul importance or any site doel~,atod aea crltlcal environmen~al area by n local a~oney? . . W~I project have a meier effect on ex~st~& or 11. Will project result ~n ~Jor traffic problems WIll project reg~arl7 cause objectionable anco a~ a res~ o~ ~he pTo~ec~ operation? Will project have any Impact on pub].lc.h~alch Will project ~ffeet the existing eo~unity b~ d~reetly eau:ln~ a ~rCwth in permanent popt~a- t;cn of moro tBan 5 percent over a [5. Is there public controversy concerning the ~ Y~s No '~ '%'~!, ;, i.:.~ ~ Yes o _ Yes No ,,',,. ---- ~. Yes / No ~';"; ' / Te~ ~ No Yes (a) In order to answer the questions in this short £AF is is ass'une4 that tt prevarer will use currently available Infor.-._atlcn concerning the project and the l~ely ~CtS of the action. It iS not e~ected that addltlona~ atud/a~, roeear ,.,~or ot~er /nvestigatlon~ w~l be ~dertakon, .<. '('~) If any ~uestion ha~ been answered Yes thc project ~y ~e al~lfic'ant am :ccmplec~d Envlrc~ental Assessment Fo~ is nece~:az-~. · :, .(c) If ~11 qu~sclons have been answered No it ~ likel~ t~mt th~ ~roject is FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted m ~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. For existing buildings {prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2.Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5.00 2,,~. __~,~ertificate of occupancy on pre-existing dwelling r--~.Copy of cer{~{i~q_t~-~ancy $1.00_~ 4.Vacant La~ C.O. $15.00 Date /7/- ~-- ~-- ~c~ New Building ............. Old or Pre-existing Building ~ Vacant Land Location of Property ....?.O?.....,~.~..~.~. ..... .~.E< ../.. .~...7-~..~. ........................ House IVo. Street Ham/et Owner or Owners of Property .- .~./?.~/.--o.,~./.~..."~: ?)..~'..T~.~..~..~..~.,~..f .~.~?~..~...f~.~d..~'~./.~.. ~...~ County Tax Map No. 1000 Section ....~..~..~. ...... Block O ~ Lot. Subdivision ................................. Filed Map No ........... Lot No .............. erm,. ........... Date of .erm,t .......... ........ Heahh Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval . .~,, .................. Reques, for Temporary Certificate ..................... Final Certificate '/~ ' ~'~/'~'" ;~'-:1 Fee Submilted S /' ~ t t w~E# HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF rrowN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 2, 1986 TELEPHONE (516} 765-1892 Mrs. Patricia Moore Edson & Bruer, Esq. Attorneys at Law Main Road Southold, New York 11971 Re: Marjorie D. Petras 1000-087-05-006 Dear Mrs. Moore: ..2 The following action was taken by the Board of Trustees at their regular meeting held on May 29, 1986 regarding the above captioned matter: Moved by Trustee Goubeaud seconded by Trustee Krupski N~EREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the documentation submitted concerning this request; and WHEREAS, the Board made the following findings of fact:. 1. By this request appellant requests a Waiver of the Wetland Ordinance, in accordance with Chapter 97, Section 97-22 from the Code of the Town of Southold to make improvements on an existing single family~residence on property located on 7001Koke Drive, Southold. 2. The property in question is on the Map of PrQperty surveyed for Marjorie D. Petra~ at Southold or more particularly known on the Suffolk County Tax Map'Designation as: Dist. 1000, Section 087~.Block 05, Lot 006. In considering this request, the Board finds and determines: 1. The project as proposed will not adversely affect the. Wetlands of the Town. 2. The project as proposed will not adversely affect the health, safety andxgeneral welfare of the people of the Town. NOW, THEREFORE BE IT RESOLVED tha%. P~tricia Moore on behalf of Marjorie D. Petras be and hereby is granted a Waiver of the Wetland Ordinance for the improvements to an existing residence on property located at 700 Koke Drive, Southold. June 10, 1986 Notice of disclaimer to anyone interested in this file: Please be advised that Celic Realtors is currently holding my Real Estate License. At the time of filing this application and the period of time that it takes to hold a public hearing and reach a decision, I have no interest in this application. I further state, that I have -no- knowledge of an existing active listing with the above Real Estate office. This statement is signed with the complete understanding of the information stated above..... erard P. Goehringer TO WHOM IT MAY CONCERN: I wish to disclose the following statement in the event the property in question should be pending a rea~ estate activity with Celic Estate Agents, Inc., who holds my conditional salesperson's license: I have no interest whatsoever in the sale of this property and am not a part of any other pending real estate activity of a business or professional nature which might be a conflict with my secretarial duties as Stenographer/Secretary of the Board of Appeals of the Town of Southold. Linda K~owalski