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HomeMy WebLinkAbout28537216 Great P_econ~c Bay Bl~d.~ Laurel 8/6./8I ~L~6~E%~ ~e~amily dwelling from Pre- '~ ~xisti~g chapel w/insuff; r~aryard setab~k, TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2853 by application Dated July 16, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gary Flanner Olsen, Esq. as attorney for Kenneth I. and Judy M. McFall Main Road, Mattituck, NY 11952 Appelant at a meeting of the Zoning Board of Appeals on August 6, 1981 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 ~(~) Request for a variance to the Zoning Ordinance Art. III~ Sec. ( ) 100-31 the appeal 1. S~N~x.X~8~(~x~9`X~:fl~s~.X~F`~M~l~X~f~MM~M~%~pti~n ( ) be ~a~ed ( ) be denied pursuant to ~ticle .................... Se~n .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Iurpector ( ) be reversed ( ) be confirmed because Public Hearing held 8/6/81: Upon application of Kenneth I. and Judy M. McFall,.245 East 40th Street, New York, NY 10016 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling from preexisting chapel with insufficient rearyard setback- at 7216 Great Peconic Bay Boulevard, Laurel, also known as Laurel Acres Minor Subdivision (Piccione Minor Subdivision) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10-part of parcel 1.3. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it ~vas determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) 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 because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the distrlet because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG:lk FORM ZB4 ZONING BOARD OF APPEALS Appellant by this appeal seeks approval of an insufficient rearyard setback of existing chapel approximately 47 feet from rear property line. Appellant is contract vendee for the parcel in question (Lot 2, Laurel Acres Subdivision as approved 2/7/77). Appellant plans to renovate the existing structure for one-family dwelling use. The Board agrees with the reasoning of appellant. In considering this appeal, the Board determines that the variance request in relation to the code requirements is not substantial; that the circumstances herein are unique and prac- tical difficulty has been shown; that the relief if granted will not change the character of the neighborhood and will be in har- mony with and promote the general purposes of the zoning code; that if the relief is granted no adverse effects will be produced on available governmental facilities of any increased population; that the difficulty cannot be obviated by some method feasible to appellant other than a variance; that in view of the manner in which the difficulty arose, the interests of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that a variance to the zoning ordinance be granted as applied for in Appeal No. 2853, application of Kenneth I. and Judy M. McFall, subject to referral of this matter to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: 7216 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel Item No. 1000-126-10- part of parcel 1.3. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Sawicki and Grigonis. Mr. Goehringer abstained from vote. ApP'P, OVED RECEIVED AND FILED BY THE SOUTHOLD TOWN CI.~RK Town Clerk, Town~' DEPARTMENT OF PLANNING Town, of Southold Board of Appeals (516) 360-5513 LEE E. KOPPELMAN October 9, 1981 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Comm{ssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~pplicant Municipal File Number Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman Susan Trentalange Keith & Arden Scbtt McCamy Charles Bocklet Peconic Corporation Frank Battel Colonial Corners, Inc. Phebe Bridge Estate Peconic Bay Gardens Inc. Warren Sambach Margaret McGowan Kenneth & Judy McFallJ Gladys Bayles John Lee Sonny Brown 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 2834 2835 2837 2839 2843 2845 2849 2852 2853 2864 2865 2873 CGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c~OUTHOLD, L.I., N.Y. 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~00-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2853 Applicant: Kenneth I & Judy M. McFall Location of Affected Land: 72J6 Great Pec0nic Bay Boulevard, Laurel~ County Tax Map Item No.: 1000- 126-10-part of parcel 1.3 Within 500 feet of: __ Town or Village Boundary Line X~. Body of Water (Bay, Sound or Estuary) Great Peconic Bay __ 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 ~}blic h~arimE held 8/6/81. A~ a mee~im~ on 8/6/81: appJ~em~t was Copies of To~ file and related doc~ents enclosed herewith for your review. Decision included. Dated: October 2, 1981 Secretary, Board of Apfp~ Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERTJ. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWIC½1 October 1, 1981 Gary Flanner Olsen, Esq. Main Road Mattituck, NY 11952 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently made and filed with the Office of the Town Clerk concerning your appeal. (Kenneth I. and Judy M. McFall) In the event your appeal was approved, please be sure to return to the Building Department before commencing with any construction for their written approval. If you have any questions concerning your matter, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN By Enclosure Secretary Members Absent, if any: Agenda Item/Matter of: T~e of Variance or Appeal: Resolution made by: Seconded by: Action: (~/~Approve GCrharles igonls ( ) ( ) as applied for ( ( ( ( Deny as applied for Deny Deny without prejudice Withdrawn without Prejudice Robert ~Gerard Douglass t~oenrmger (~'J ( ) ( ) ( ) ~oseph. aWlCK1 Approve with the following conditions: Subject to County Plannin9 referral Subject to Planninq Board approval Subiect to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other: ( ( ( ( ( Not Within the Character of the Neighborhood ( Variance is Substantial in Relation to Code If so~ %. ( Hardship not sufficient ( Hardship or Difficulty Not Unique Will set a precedent in the neighborhood ( Area is already very congested Interests of justice served by denyin9 / Vote of the Board: Ayes: (/) CG (~ SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) ( ( (/ RD ( ( ( Notes: Granting the Relief Requested is within spirit of the zoning code Relief is not substantial Burden of hardship or difficulty shown and is unique Variance will not chan§e character of the neighborhood Interests of Justice served by 9ranting ! ( ) GG (~4Js () (.) () LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law' and the Provisions of the Amended Code of ttle Town of South- old, a Regular Meeting and the following public hearings will be held by the Soutbold Town Board of Appeals ~t the Southold Town Hall, Main Road, Soutbold, NY on Thurs- day, August 6, 1981 com- menclng at 7:15 p.m+ and ss follows: 7:1S p.m. Application of Donald C. DeLaila, P.O. Box 526, Cotchogue, NY fat a Special Exception to the Zon- ing Ordinance Art. 'HI, Sec. 100-30 B (9)(a) for permission to dock and moor two boats not owned and used by owner of premises for his personal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timp- son; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item No. 1000-138-2-18. 7:25 p.m. Application of Margaret McGowan, 17 Abet- deen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to thc Zoning Ordinance, Art. IH Sec. 100-31 for approval in- sufficient area and/or width of two parcels due to the re- location of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnston and Mormile, south by Alex- ander, west by Kennelly; County Tax Map Rem No. 1000.128-4-11 & 14. 7:35 ation of for Peconic Bal/ (P~cciooe Mi-,,- N"o. 124. Lot 2; County Tax LViap Item No. 1000-1Lf~-10- ~;3.m. ApplicntioFof Patticia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Art. IH, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #2, approval of insufficient f~ont yard of proposed lot #3 of said lots at 2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned f~ont yard of lot #3 faces Leslie COUNTY OF SUFFOLK~ STATE OF NI~V YORK Patricia Wood, being duly sworn, soys 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 ........ .~....O. ...................... Sworn to before me this ............ /.~ .............. day of ........ ................ , CLEMENT d. THOMPSON NOTARY PUBLIC, State of New York t~o. 52-9321725 Re~icling in .~folk County <z .. Gommimon Exl~es ~reh 3~, 1~ 8:20 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 for a Vari- ance to the Zoning Ordinance, Art. III Sec. 100-31 & Sec. 100-36 for permission to con- struct addition with insuffi- dent side yard area and rear yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners Bay Es- tates Subd., Filed Map ~/95, Lot 96; County Tax Map Rem No. 1000-37-1-9. 8:30 p.m. Application of Salvatore Caiola, 74 Irving Place, New York, NY 10003 (by Samuel J. Glickman as attorney) for a Variance to the Zoning Ordinance, Art. IH, Sections 100-30A (1) & 100-32 for permission to amend Build. lng Permit #11152 Z, which was issued for storage build- ing a permitted use Amend- ment to living unit is not with an 8:55 p.m. Application of Northville Industries Corp., P.O. Box 111, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Art. IH, Sec. 100-30 (A & B) for permission to use part of premises for commercial dock- ing and mooring with parking storage area in an A Resi- dential-Agricultural Zone. Lo- cation of property: 610 Nan- gles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKenna, east by Mattituck Creek; County Tax Map Item No. 1000-99- 4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Sta- tion, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman IT, 7/30/81 (2) Legal Notices LEGAL NOTICE · OF HEARINGS 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 following public hearings will be held by the Southold Town Board of Appeals at the South- old Town Hail, Main Road, Southold, NY on Thursday, August 6, 1981, commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exception to the Zon- ing Ordinance Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his personal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timp- son; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax map Item No. 1000-138-2-18. 7:25 p.m. Application of Margaret McGowan, 17 Aber- deen Street, Malvecns, NY 11565 (by Gary Flannec Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval insuf- ficient area and/or width of two parcels due to the reloca- tion of lot lines. Location of property: R-O-W south of Great Peoonic Bay Boulevard, Laurel; bounded north by Con- nelly, east by Johnston and Mormile, south by Alexander, west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14. 7:35 p.m. 7:50 p.m.' Application of Patricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Var- iance to the Zoning Ordinance, Art. III, Sec. 100-31 for permis- sion to subdivide threemerged lots, and approval of insuf- ficient area of proposed lot #2, approval of insufficient front yard of proposed lot #3 of said lots at 2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned front yard of pro- pesed lot #3 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery, bounded west by Bay Avenue, bounded south by Maly, Price, Leslie Road, bounded east by Swiatocha; County Tax map Item No. 1000-97-4-11, 12, 17. 8:05 p.m. Application of Gunter Morehel, Nassau Point R0ad~ C~chogue; NY (Swim King PC Route 25A, Rocl~-y Point, N _ .1778 as agent) for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-32 for permission to construct an inground swi.mming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Cet- , chogue, NY; also known as OF SUFFOLId., Nassau Point Subd., Filed )F HEW YORK, }' ss: Map #156, Lots 17, 18; County J Tax Map Item No. 1ffj0-111-9-3. 8:20 p.m. Application of rg~.Gustavson being duly Sworn, Warren A. Sambach, 173 Rill- ' ......................... side Avenue. Williston Park, 't .h.~ ..... is Printer and Publisher of the SUFFOLK NY 11596 foi' a Variance to the Zoning Ordinance, Art. III ~' TII~ES, a newspaper published/It Greenport, in said Sec. I00-31 & Sec. 100-36 for permission to construct addi- :md that the notice, of which the annexed is ¢~ printed tion with insufficient side yard area andrear yard setback at S been published in the said Suffolk WeeklT Times Dogwood Lane, East Marion, NY; a]soknown as Gardiners ~ach week, fvl'. . one Bay Estates Subd., Filed Map ......................... weeks #95, Lot 96; County Tax Map 'ely commencing on the ... item No. 1000-37-1-9. ' ................ 8:30 p.m. Application of [~l~],~r .............. Salvatore Caiola, 74 Irving Place, New York, NY 10003 (by Samuel J. Glickman as ...................... attorney) for a Variance to the ~ before me this . .] H .r.~ Zoning Ordinance, Art. III, Sections 100-30A (1) & 100-32 for permission toamend Build. - ...Ju.ly ........ ~1 .~~ ~/~..~ lng Permit #11152 Z, which was issued for storage build- · .................. ; · :¥' '~' .......... lng, a permitted use Amend- ment to living unit is not permitted with an existing dwelling on premises without a Variance. Location of pro- perty: 49975 County Road 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R. 27, Droskeski, Wolanski, east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, 12.2, 13.2. 8:45 p.m. Application of Frederick T. Horn, 297 Sunset Avenue, Westhampton Beach, NY 11978 for a Variance to Section 280A Subsection 3 of the Town Law for approval of access of Case's Lane Exten- sion, Cutchogue; bounded north by Path Way, west by Fairway Farms, south by Case's Lane Ext., east by Horn, Bouffler; County Tax Map Item No. 1000-109-5-north section of 14.1. 8:55 p.m. Application of Northville Industries Corp., P.O. Box 111, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permis- sion to use part of premises for commercial docking and mooring with parking storage area in an A Residential-Agri- cultural Zone. Location of pro- perty: 610 Naugles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Rood, south by McKenna, east by Mattituck Creek; County Tax Map Item No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Station, NY 11746. Dated: July 24, 1081 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TJy30-3738 NOTARy PUBLIC, State ot New York No '4707878, Sutfotk County Term Expires March 30, 19~ LEGAL NOTICE OF HEARINGS 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 following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, August 6, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exception to the Zoning Ordinance Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his per- sonal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timpson; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item No. 1000-138-2-18. 7:25 p.m. Application of Margaret McGowan, 17 Aberdeen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval insufficient area and/or width of two parcels due to the relocation of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnston and Mormile, south by Alexander, west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14. p.m. Application I. & Judy M. McFall, 245 7:35 of Kenneth East 40th Street, New York, NY 10016 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for permission to construct one-family dwelling from pre-existing chapel with insufficient rear yard setback at 7216 Great Peconic Bay Boulevard, Laurel, also known as Laurel Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10-part of 1.3. 7:50 p.m. Application of Patricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #2, approval of insufficient front yard of proposed lot #3 of said lots at 2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned front yard of proposed lot #3 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery, bounded west by Bay Avenue, bounded south by Maly, Price, Leslie Road, bounded east by Swiatocha; County Tax Map Item No. 1000-97-4-11, 12, 17. 8:05 p.m. Application of Gunter Morchel, Nassau Point Road, Cutchogue, NY (Swim King Pools, Route 25A, Rocky Point, · Page 2 - Board of--Appeals Regular Meeting of August 6, 1981 legal adv. NY 11778 as agent) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Cutchogue, NY; also known as Nassau Point Subd., Filed Map #156, Lots 17, 18; County Tax Map Item No. 1000-111-9-3. 8:20 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 & Sec. 100-36 for permission to construct addition with insufficient side yard area and rear yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners Bay Estates Subd., Filed Map #95, Lot 96; County Tax Map Item No. 1000-37-1-9. 8:30 p.m. Application of Salvatore Caiola, 74'Irving Place, New York, NY 10003 (by Samuel J. Glickman as attorney) for a Variance to the Zoning Ordinance, Art. III, Sections 100-30A (1) & 100-32 for permission to amend Building Permit #11152 Z, which was issued for storage building, a permitted use Amendment to living unit is not permitted with an existing dwelling on premises without a Variance. Location of property: 49975 County Road 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski, east by Madsen, Kamps, Demi~rack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, ~2.~, 13.2~ 8:45 p.m. Application of Frederick T. Horn, 297 Sunset Avenue, Westhampton Beach, NY 11978 for a Variance to Section 280A Subsection 3 of the Town Law for approval of access of Case's Lane Extension, Cutchogue; bounded north by Path Way, west by Fairway Farms, south by Cases's Lane Ext., east by Horn, Bouffler; County Tax Map Item No. 1000-109-5-north section of 14.1. 8:55 p.m. Application of Northville Industries Corp., P.O. Box 111, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permission to use part of premises for commercial docking and mooring with parking storage area in an A Residential-Agricultural Zone. Location of property: 610 Naugles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKenna, east by Mattituck Creek; County Tax Map Item No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Station, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 30, 1981 and forward nine affidavits of publication to: Board of Appeals, Town Hall, Main Rd., Southold NY 11971, as soon as possible. ' Addendum to Legal Notice 8/6/81 Board of Appeals Regular Meeting On Monday, July 27, 1981, copies to: ~onald C. DeLalla .Margaret McGowan .~Gary Flanner Olsen, Esq. as attorney for Mrs. Margaret McGowan .~Kenneth I. & Judy M. Mc Fall Gary Flanner Olsen, Esq. as attorney for Mr. & Mrs. McFall Patricia Bailey Mr. & Mrs. Gunter Morchel Swim King Pools, as agent for Mr. & Mrs. Morchel ~Mr. Warren A. Sambach iMf. Salvatore Caiola ~Mr. Samuel J. Glickman, as attorney for Mr. Caiola Mr. Frederick T. Horn i'Northville Industries Corp. Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board Appeal Files Mr. & Mrs. Joel McElearney, owners of property of Nor~hville Ind. Corp. appli $outholcl Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T.'- 7, R ',' TUTlilLL ROBERT J. DOUGLASS GERARD P. GOEHRINGER N Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2853 Application of:Kenneth I. & Judy M. McFall Location of Property in Question: 7216 Great Peconic Bay Blvd., County Tax Map Item No. 1000- 126-10-part of t.3 Project Proposed by Appeal Application: Laurel ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: July 21, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Applicant/Agent Town Clerk Bulletin Board ZBA File JUDITH T. TERRY TOWN CLERK REGISTRAR Ol' VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 July 16, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No.2853 application of Kenneth McFall For a variance. Also included are notification to adjoining property owners notice of disapproval from the Building I~spector, short environmental assessment form, and wetland questionnaire, f/ ~ ~ ~ JTT/bn Town Clerk FORM NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ..~r. !.%:+ .... ~-.~ ~ ?.7.? .... .... ............. Date 'ducal 19 ?../.: PLEASE TAKE NOTICE that your application dated ................ ~.~:~:t... ~..C, 19.~' !.. for permit to construct cation ot rroperty ...,. .... - ..... ;1 .......... · ..... ~ ............................... Hou~ No. Steer / Ham/et County Tax Map No. 1000 Section ... ~}.~. ~ .... Block ..... ] ~ ...... Lot .~'~ .~... [~ ~ Subdivision. ~'.~.~:,' Y2.~. .V ..... ~ Map No .... L ~; 1: ........ Lot No... ~'.~ ............ is returned he.with and disapproved on the follow~g grounds ... ~. ~ ~'.~ ~ ~L~ .~.'~ ......... '~ .... ~'- ~>:...L~: ~1 Building Inspector MR. & MRS. KENNETH MCFALL 245 E. 40TH STREET APT. 6B NEW YORK, NEW YORK 10016 July 15, 1981 Mr. George Fisher Building Inspector TOWN HALL P.O. Box 728 Southhold, New York 11971 Re: Building Permit for Property Described on Tax Map 1000-126-10-1.3 Dear Mr. Fisher: I am requesting a building permit to convert the existing Chapel, as shown on survey, into a one family dwelling on the parcel located at 7260 Great Peconic Bay Blvd., Mattituck, New York, further identified on Tax Map 1000-126-10- 1.3. Your attention to this matter is greatly appreciated. Very truly yours, du~r~M. McFall (Mrs. Kenneth) SUBDIVISION SECTION ImM I Gl'if'. 489 ~ I 5TORt' FRAf~F- 64-. £8 '¢ 8~,131 S.C. TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it 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) ]f all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ........................ Yes× No 2. Will there be a major change to any unique or unusual land form found on the site? . Yes x No 3. Will project alter or have a large e~c~'~' ' existing body of water? ...................... Y~s,x No 4. Will project have a potentially large impact on groundwater quality? .................... Yes x No 5. Will project significantly effect draina~ ' - flaw on adjacent sites? ....................... Yes x No 6. Will project affect any threatened or endangered plant or animal species? .... Yes x No 7. Will project result in a major adverse on air quality? .............................. Yes ~ No 8. Will project hove a major effect on visual character of the community or scenic views vistas known to be important to the community? . Yes z No ~. Will project adversely impact any site or structure of historic~ prehistoric or paleontological importance or any site designated os o critical environmental oreo by o local agency? ............ ~;..~..;...¥~... Yes x No 10. Will project hove o major effect on existing or future recreational opportunities? ......... Yes ~ No ll. Will project result in major traffic problems or cause o major effect to existing transportation systems? ....................... Yes ~ No 12. Will project regularly cause objectionable odors~ noise~ glore~ vibrotion~ or electrical disturbance os o result of the project's operation? .................................... Yes x No 13. Will project have any impact on public heol%h or safety? .................................... Yes z No 14. Will project affect the existing community by directly causing o growth in permanent population of more~n 5 percent over a one year period or h~? a~mojor negative effect on the choroct~ of th~ community or neighborhood? ~/ ...................... .. Yes ~ No ,, project?. ~/. .~..~ ....................... '' Yes z No as attorney (Ga~y ~I: ~ner Olsen, Esqo ) R[PR[SENIING Kenneth I. Me~ffi and ~udF M. MeFall 1J-~'[ $~ly 1~ 1~81 To: Southold Town Board of Appeals [.la in Road Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 [':YCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the w~thin appeal application: (please check one bo;<) ~ ] May be located within 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 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 Js 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. not appear to Is not to the [Starred Jhems fa] 1 within the located within 300 feet of tidal wetlands best of my knowledge.* (*) indicate~roperty does jurisdict~/~ the N.Y.S.D.E.C.] TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE July. 16, 1981 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Kenneth I. McFall and ~, (We)..~.~.c]~..~([,...NLe.~.~l.] ................................ of ..... 3.4..5....~..~.t..~..0..t.~...~.t.r.~.e..t .............................. Name of Appellant Street and Number New York New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Kenneth I. McFall and Judy M. McFall Name of Applicant for permit of 245 East 40th Street, New York, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Variance 1. LOCATION OF THE PROPERTY .N...~?...t.h.....~.....P.~.e.~c..~...n..i.c.~.~..a..~y....~..~..v~.d~.:.:~.~...~t.~t ................ A Residential - Agricultural Dist. Street Use District on Zoning Map ..L..~..t..~.2..~.....M...i..n..~...r...S...u..b..d..i..v....~...i..~..n...'.'..~L..a.~.{~..~.es'' (Tax Map # 1000-126-10-1.3) Iv~ap 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.) Article 3 Section 100-31 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 (l{~l:(has not) been mode 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 ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 x) A Variance to the Zoning Ordinance ) ,s requested for the reason that Applicant seeks rear yard variance for a building as shown on the survey annexed hereto ~'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 Applicants are contract vendees purchasing lot #2 on an approved subdivision known as "Laurel Acres", approved by the Southold Town Planning Board on February 7, 1977. Presently located on said parcel #2 is a building formerly used as a chapel which applicants seek to renovate as a residence. It appears that the rear yamd of said building is approximately 47' and accordingly applicants seek a variance in order to permit the building to remain where it is. 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 the building is a substantial structure which would be difficult to move and there would be no adverse to the community to grant a rear yard variance since there is approximately 47' in the rear yard. It would he an undue economic hardship and a practical difficulty to require the applicants to remove the building. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the applicants seek a variance of approximately only three (3') feet from the present Zoning requi~,ements requaring a 50' rear yard. The building was already in existence and has been for many years and the ,g~'A~t_ h~f the variance would not change the character of the neighborhood. COuN STATE OFopNEWs FO,. ORK/ ) SS ... s tto th I. McFall an Olsen)~ Sworn to this 16th day of Ju.ly. Judy M. McFall .................................................................................................... 1981 0qotary Public CHERIE LYNN RUSSEL[ HO~ARY PUBLIC, State ol ~ew York Suffolk County - 52 47030;5 Commission [xpues March 30, 1~.~ BOARD OF APPEALS, TOWN OF SOUTHOLD in the Matter of the Petition of Kenneth I. McFall and Judy M. McFall to the Board of Appeals of the Town of Southold TO: Henry Pollak Mr. and Mrs. Dominic Perini Lyle E. Gulick John and Ethel Egbert, Jr. NOTICE Nicholas Piccione Estate Mr. and Mrs. Kenneth ~enston Josephine St. John et. al. 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) (:~l~:~i~l~l~~) (the following relief: rear yard variance ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Lo~#2 of an approved minor subdivision of "Laurel A cre~" approved by the Southold Town Planning Board on February 7, 1977 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential and Agricultural District 4. That by such Petition, the undersigned will request the following relief: rear yard variance ¢ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article 3 Section 100-31 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 may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be helc~ 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 ~/atchman, 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: 7/16/81 Petlti6~ner (~a/r~ Fl~nner Olsen Esq. ) Post Office/~ddress P.O. Box 38t Mattituck, N.Y. 11952 as attorney for: Kenneth I. McFall and Judy M. McFall PROOF OF MAILING OF NOTICE NAME Henry Pollak ADDRESS % Riverhead Corp. Riverhead, New York 11901 Nicholas Piccione Estate % Hans Rein 723 Hempstead Avenue West Hempstead, New York 11552 Mr. and Mrs. Dominic Perini 88 Richmond Street Brooklyn, New York 11208 Mr. and Mrs. Kenneth Denston 151 Van Nostrand Avenue Merrick, New York 11566 Lyle E. Gulick 2684 Wilddale, Road Baldwin, New York 11510 Josephine St. John et. al. 9008 F~,.L~&Iamilton Parkway Brooklyn, New York John and Ehtel Egbert, Jr. 290 Lakeview Avenue Rockville Centre, New York 11570 Cherie Lynn Russell , residing at(no #) Bergen Ave., Mattituck, N. Y. 11952 , being duly sworn, deposes and~at on the 16th day of Jul,y ,19 81 , deponent mailed a true copy of t~ Notice\set forth on the re- verse side hereof, directed to each of the ab---ova-named persons at the addresses~et opposite their respective names; that the addresses set opposite the names of said persons are the addre~es o~ ~aid p~rsons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice Mattituck ; at that said Notices were ~a~ed to~,~ach of said persons by (certified) (registm~d)~nail. Sworn to bqf.ere me t~is 16th day of J~,~ /,,/ / ~/~9 81 .... / ' '' " I P~ Form 3800, Apr. 1976 / ~otary~ ) Southold Town Board of Appeals Main Rdo Southold, NY 11971 Gentlemem: P~advtsed that the follewing matter i~ste~nd o the office that I am connected: gPg Very truly yours, . Membe~ of Southold ZBA I 5TO~_W' F~ANE 464.28'~ SUBDIVISION SECTION 48g.1~ 86,131 DF 1.2 30A(c) Legend ..... i Light D stricl Line 13o2 UNLESS DRAWN OTHERWISE, ALL PROPERTIES ARE WITHIN THE FOLLOWING DISTRICTS: WATER 62'