HomeMy WebLinkAbout2870BOARD OF APPEALS, TOWN OF SOUTHOL, D
In the Matter of the Petition of :
John J. Lee, Candiaate far Tewn· Justice,
and Southeld Cenaervativ~?.¢gm~ttt~e:
to the Board of Appeals of the Town ~f So#thoId :
TO: Erect a pelitical Sign en the
Preperty ef Helen Carainal
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (the following relief: Special Exception
2. That the property which is the subiect of the Petition is located adiacent to your property and is des-
cribed as follows: O~ner Helen Cardinal - North Railroad - East William ~itek -
Seuth Main Read - West Jeseph K_r~kowski
3. That the property which is the subject of such Petition is located in the following zoning distr~ct:
Residential - A~ricultural District ~
4. That by such Petition, the undersigned will request the following relief: Erect a l~olitical
sign
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated:
Post Office Address Lakeside Drive,
PrO. Box 1504,
PROOF OF MAltING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADD.~~
William Zitek - Main Rea4, Seuthel4~.Y.
Jeseph
,11971
71
STATE OF NEW YORK ) <::
COUNTY OF SUFFOLK ) ss.:
--' ~, ~: ~:'~v ~- ~' , 11971
'John J.T.ee ,~,,ialasat.,qL~ae .,i~ive, ~u~eld, N.Y.
' , ~ms:dUly s~~.~,~ys that on ther~ day
of A~Ue~ ,19 ~ , depo~nt ~i~a,t~ c~ of ~he Notice ~t fo~h on the r~
ve~ sid~hereof, direct~ to each of the above-nam~ ~om at ~:~ ~t opp~ite thor r~pective
name; that the addr.~s set opposite the nam~ of ~d ~ns ~ ~;a~r~ of said ~ons as shown on
the current ~sment roll of the Town of Southold; that ~id No~ w~ mail~ at the United S~t~ Post ~-
riceat ~tbe~. ~: ~.
(ce~ified) (~J maJi: ..... ; ~at ~id ~t~ ~e mailed to each of .id ~rsons by
t~NTHONy DeTOMMASO, JR,
J~otary Public, State of New York
No 52-4653619
Qualified in Suffolk C~.-~?
Term Expires March SQj JJ.~J~
Town oi Southold
August 20, 1981
Southold Town Board of Appeals
Town Hall
Southold, NY 11971
Re: Appeal No. 2870
Application of John Kowalski, Jr. and Chester Berry,
Gentlemen:
Please be advised that we wish to withdraw without
prejudice our application dated August 5, 1981 and filed
under Appeal No. 2870.
Yours very truly,
o~hn Kowalski, J~. '
404 Atlantic Avenue
Greenport, NY 11944
Jr.
August 10, 1981
Southold Town Board of Appeals
Town Hall
Southold, NY 11971
Re: Appeal No. 2870
Application of John Kowalski, Jr. and Chester Berry, Jr.
Gentlemen:
As discussed on Thursday evening, August 6th, please
consider this an amendment to our variance application
filed August 6, 1981 eliminating the 30-foot addition in
order to expedite the processing of this application. (We
were informed that if we proceeded with the application as
was filed, we would be delayed several weeks in order to
first get Planning Board approval for parking.)
Our plan is to rebuild the structure in its present
location and shown on the attached survey.
Yours very truly,
(Survey attached)
cc: ~ir. George Fisher
Senior Building Inspector
JUDITH T. TERRY ·
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
K
Southold, L. I., N. Y. 11971
August
6, 1981
TELEPHONE
(516) 765-1801
To: Southold Town Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Appeal No. 2870, application of John Kowalski,
Jr. and Chester Berry, Jr. for a variance. Also included is: Notice
to Adjacent Property Owners: Protestant Episcopal Church, North Fork
Bank, Robert S. Barker, B. A. Norris, Short Environmental Assessment
Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use, Notice of
Disapproval from the Building Department, and Survey of the Property.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To ~l~t4&t /dO td~ tstff/
........ ~o. ~..~7~.~r .... ~C..
Date
.......................... ,19q./..
PLEASE TAKE NOTICE that your application dated .......................... ,19 .....
for permit to construct..~h~..~.~..~...~..~.~....~.~. ~.s.-r! .~..ar-....~..q ! .~.~. ! P..o7 ............... at
County
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds .. ~ .r4..$.0...~ff..I.~..~. ~.~..T. .........
.~ .rt.~.~ ..... ~.-e.. ~ ..& ........ ~.~.....:jzj~.. .... !.q .o.: .Z / ........................
Building Inspector
RV 1/80
August 4, 1981
Mr. George H. Fisher
Town Hall
Southold, NY 11971
Dear Mr. Fisher:
As you know I am one of the contract vendors in the
purchase of premises located at the corner of Love Lane and
Sound Avenue, Mattituck (presently Peconic Glass).
We are proposing to knock down the existing building
which is 47'4" long as shown on the attached survey. We are
proposing to reconstruct the building, and build an addition
approximately 30' which would leave a setback of not less than
10 feet at the west side. The other yard setbacks will remain
as they presently are shown on the attached survey.
It is our understanding that a variance is required and
we therefore ask that you consider this an application in
order to further proceed.
Thank you for your assistance.
Yours very truly,
owalski, J~'
404 Atlantic Avenue
Greenport, NY 11944
Enclosure
\ 50B
.,lu,.~ EI';V]R{,,,,FF. hTAL ASSESSHt-:I~I'
~ "I~--f order to answer the questions in this short EAF J.t is assumed
that the preparer will use. currently available inforrr, a~$on conaernlng the
project and the ~ikely 1spec'ts °F the act/on. It ~s not expected that
additional s¢udle~ ~esaarch o~ other ~nvest~gations w$11 be undertaken.
(b) ~[ any question has been answered Yes {ha p~ojec¢ may be
~igniFicont and o completed Environmental Assessment Form is necessary.
(c) If all questions have been answered Ho it is likely that this
project is not significant.
(d) Environmental Assas, smanl
J. ~'/i~ project ~esu~t--in o large physical change
lo the project site or physically ol~er more
thfm 10 acres of land? ........................ Yes.~Mo
2. ~'lill there be o major chonoe to csx unique o~
-m~usuol lend fo~m found on the site? Yes
3. ~'/ill projac~ alter or have a large effect on '
existing body of water? ....................... .... Yps,
4. %'1ill project have a potentially large impact · .
on groundwater quoli~y? ...................... . Yes,i/~o
5. ~Vill project significantly effect d~aincge
...................... Yes q
flow on adjacent sites? .,
6. ~Vill p~ojact affect any threatened o~
cnd¢mgarad plan~ or onlmal species? ...... . . Yes
7. ~'/ill project result in o major adverse eFfe~'~"
on sir quo.lit>'? ........ " .. ..... Yes ~o
churacier of the cornmunit7 or scenic views or
vistas known to:be important t-o the community?.., 'Yes~ No
~. ~'/ill project adversely impact any site Or ..
. structure of historic~ prehistoric or
paleontological importance or any site
designated os o c~iticol environmental oreo
10. ~'till project hove a major effect on exislihg
or future recreational opportunities? ......... Yes~No
11. ~'/il1 project result in .major traffic problems
or cause o major cf f ecl is existing / .
transportotlon systems? ....................... Yes~No
12. ~'/ill projecl ?eouiarly cause objectionable
oclors~ noiset glarer vibration, or electrical
disturbc resul¢ oF the project' ~N
operation? ' Yes
13. f/ill project have any impact on public health
or.saFety? ................................... Yes
14. ~'/ill p?oject off act the existing community by
directly causing o growth in permanent
population of more than 5 percept over o oma
year period or hove a major ncoalive effect
on the character of 1he community or
Yes
neighborhood? .................................
15. Is there public controversy concerning the
project? ~es
PRcPAf, ERS SIGHAIURE
REPRESEIITING ~
(~oday's Date)
To: Sout!:old Town Board of Appeals
:.lain Road
Southo !d, NY 11971
Re: Appeal Application of K/A!
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 ~YCRR, Pa~t 661, an~ A~ticl~e' ~5 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal applieation:
(please check one box)
[ ]
May be located within 300 feet of tidal wetlands;
ho¥/ever, constructed along the water-lying edge
of this property is a bulkhead in very 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.
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,
(Signature please)
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~'~)
D^T, ...........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. John Kowalski~ Jr. and Chester Berry, Jr. ~/~
], (We) ................................................................. of ............... '~../..'f....*..~..~... · .' ~.~..: .~..' :.~.i .~.....' ~..L .~..' .*.~...'% ...............
Name of Appellant Street and Number
Greenport NY 11944
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED 8/~-/81
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Nome of Applicant for permit
of ( same )
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to bflild with insuffident yard setbacks
................ ~,PERT,~ N/s Sound Ave. & W/s Love Lane~ Nlattituck B-1 Bus.
. LU~.~IIUI'~I U~.d,i~- ,"r~u I .....................................................................................................
1000-141-04.00-2~.000(part of) Street U~ District on Zoning Mop
Subdivision Lot ~5 o~ Subdivision of Bruce Norris (grandfathered 9/80)
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 VII, Section 100-71 and Bulk Schedule
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 ha([~(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such Gppeal was ( ) request for a special permit
(X) request for o variance to separate parcels
an(~ was made in Appeal No. x~ 2568 Dated ................ ' ............
ana subdivision was then ~"~:~'~':~';~"~;pteml~;;;"~';"i~'~)': ...........
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
(X)
is requested for the reason that buildihg as it exists is badly deteriorating, and we wish
to re-build the entire building as it exists now of approximately 4?'4" plus addin9
approximately 30' to the west end, for a total length of 77' 4" (approx.), leaving a
setback at the west side line of not less than 10'.
~orm Z]~! (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because C6nsidering~,the shape of the parcel~ the placing of this
structure would be most practical and aesthetic as is proposed herein. This
structure will be replacing the same area presently covered by the existing
building ~ which is badly deteriorated~ of approximately ~Z) ~ 4" lan9 ~ and adding
approximateIy 30' to the west end of the buildin9 ~ for a total length of approxi-
mately 77'4"~ leaving a setback at the west side li~e of not less than 10' ~ and
maintaining the frontyard setbacks off Sound Avenue and Love Lane and the
rearyard setback as presently are, e, -'-( ',~c shown on the attached sketch.
The use of the buildin9 and premises will remain the same -- a use of retail
sales in a B-1 General Business District. The setbacks proposed are substantially
more than those in the surrounding neighborhood; the structures immediately
north and across Love Lane and Main Road have practically no front or side yards.
The new structure will greatly enhance the Village
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 this parcel of land is substantially
larger than most of those in the neighborhood.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the setbacks requested are no less than those
already established for this neighborhood, and the building will enhance the character
of this business district.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
SS
Sworn to this 5th day of Aug. ust ...... 1981.
LINDA F. KOWALSKI
NOTARY PUBLIC, State of New Yor~
No. 52.4524711
Qualiiied in Suffolk Courlty
.Commission £xpiras March 30~ lg~a~-~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
Kowalski, Sr. and C~er Berry,
John
Jr.:
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 ~'~ariance~Special Exception) (Special Permit) (the following relief:
).
2. That the Rroperty wbi.ch is the subject, of th.~ Pe0tion is 19cared adjacent to yg. ur property and is del-
cribed as follows: L;orner oi Leve Lane~ ~v~azn ~(oaG, and the nort[i side oI~ound Avenue,
Mattituck
3. That the property which is the subject of such Petition is located in the following zoning district:
B-1 General Business
4. That by such Petition, the undersigned will request the following relief:
Insufficient front, rear and side yard setbacks.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are R:ticle VII Seckicm 100-71 and Bulk Schedule
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: August 5, 1981.
Post Office Aa~dress
c/o 404 Atl~tic Avenue
Greenport~ NY 11~ ' ,
NAME
~z
z
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
9L61 'Jdv '008~ tu:oci Sci
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
John Kowalski~ Jr. , residing at 404 Atlantic Avenue~ Greenport~ NY 11944
, being duly sworn, deposes and says that on the ~th day
of Auyu~l. ,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-
fice at
(certified) (registered) mail.
Sworn to before me this
day of August
~th
,19 81.
Notary Public
; that said Notices were mailed to each of said persons by
JOD-rt i'%0 alskl~ or. ~ '
L[NDA F. KOWALSN1
NOTARY PUBUC, Slate of New York
No. 52-4524771
Qualified in Suffolk C0u~ty
Commission Expires March 30, lg~
, /
¸6'
WESTPHA g IA
35
1.5A~¢~
'/
RCE~ NO
NO
BETHANY
CEMETERY
2.7A(c)
34
3'7
TELEPHONE CO