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HomeMy WebLinkAbout3195South ld Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHQLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI 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 Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on FRIDAY, MARCH 2, 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FI~ANK SIMON and GEORGE SA~NBOR~ ccessory garage in frontyard area. 3955 Stars Road, East Marion, NY. J 7:35 p.m. Application for HENRY AND DOROTHY ST. GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard setback, (b) accessory garage building in the frontyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. lO00-31-8-part of 12.5. 7:40 p.m. Application of JAMES F. DRUCK III, Box 355, Laurel, NY, for a Variance to 'the Zoning Ordinance, Article III, Section lO0-31, Article XI, Section lO0-118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 10~n-126-10-013. 7:45 p.m. Application for PAUL D. VARTANIAN and th~'TOWN=~-~dbf~6~'~r a Variance to the Zoning Ordinance, Article V, Section lO0-51 and Article III, Section 100-31, Bulk & Parking Schedule, for approval of insufficient area and width of two proposed parcels, and for permission to continue use of multiple- dwelling residence on proposed Parcel !'B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. 7:50 p.m. Application for PATRICIA STEGNER, by Rudolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, and for approval of access, New York Town Law Article 16, Section 280(A)[3], concerning premises having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-72-6-5 and 10.2. 8:00 p.m. Application of HARRY AND MARIE FAGAN, 52 East Lincoln Avenue, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Article III, Section lO0--31, for permission to construct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 1000-110-6-9. Legal Notice - Page 2 March 2, 1984 Regular Meeting Southold Town Board of Appeals 8:05 p.m. Application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area in the proposed set-off of lot located at the corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. 1000-54-9- part of 18. 8:10 p.m. Application for DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Box 38, Mattituck, NY for a Variance for approval of access, New York Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of one parcel in this proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-4. 8:20p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to relocate a nonconforming one-family dwelling which was the subject of Appeal No. 3197, conditionally approved on January 25, 1984, at premises located on the west side of Westphalia Road and the north side of C.R. 48, Mattituck, NY; County Tax Map Parcel No. lO00-101-02-21.1. For information concerning the above matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1809 or 1802. Those persons having an interest in the above matters may appear at the time and place specified herein. Dated: February ll, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: Thursday, February 23, 1984 and forward nine affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before February 29th. (516) 765-1809. Copies have been forwarded to the following 2/16/84: Irving L. Price, Jr., Esq. for Simon and Sanborn " " for Henry and D. St. George Mr. James F. Druck III Robert W. Tasker, Esq. Rudolph H. Bruer, Esq. Mr. and Mrs. Harry Fagan Mr. C. Cochran for Mrs. Epp Mrs. Frances D. Epp Gary Flanner Olsen, Esq. for Mr. G. Horton for North Fork North Fork Baptist Church Suffolk Times L.I. Traveler-Watchman Supervisor and Town Board Members Planning Board Chairman Z.B.A. Members Individual files Posted on Town Clerk Bu~ ~tin Board for Town of Southold/Vartanian for Patricia Stegner Daniel Shelley Baptist Church 2/16/84 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To · .~.l. tt (/a. ~.l...k'.[,.. ~./Z..I.C~.,...~.~.... . ?Z.~....E.~.o ~.~....~a~_z. ....... PLEASE TAKE NOTICE that your application dated ......... i..~ ........ 19 .G~.~.. for permit to construct .... .~..~..~..&.~ ~: at LocationofProperty. ~ .~a~..~ ..... ~.l~tO~ ~'~ County Tax Map No. 1000 Section ...~.¢.~ ..... Block ...0.~ ....... Lot .O~:./ ...... Subdivision ...... '~ .......... Filed Map No ....... ~ ......... ~t No .................. is returned herewith and disapproved on the follow~g ~ound~q~oS~.. ~ ~..../.~. %Lf~.. ~.~... ~ ~o .... ~.~....o.~..'~l~.~ ...... ~,~.. t~...~ u.,.~... ~~. Building Inspector RV 1/80 RECE'i VED TOWN OF SOUTHOLD, NEW YORK APPEAL APPEAL NO. ~ / ~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. ,We~ $:I:~N and ~'O1~ $,~1201~ - 160 We,,t: 87th Street: Name of Appella.nt Street and Number ~ York ............. ..l~...~....Y..o..r..k. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ................... -m. ................. DATED ~uly 19~ 1983 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) PERMIT FOR OCCUPANCY Name of Applicant for permit of .... ....... :Lon Street and Nu~'~ ..................... .................. State ...................... PERMIT TO USE (~x) ~IIM'I'T 'ZO CON~TRIX~T 1. LOCATION OF THE PROPERTY .3.9~5,.J~#....l~q~.d. ............ ..~.....l~...I..~..d...~....t~....i~../...~,.~.t...u~....~t.' ..... ~.~£oL~ Co~1~:¥ ~ l~p No. Street Use District on Zoning Map 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.) ~"tJ. a3.e 'r'rl ~ect.J.on 100-32 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 (Store of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal~llX~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form 7.B1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~:he location o£ the p~-opose~ gar.ge ~n ~e '~e~ ~u ~s a prac~a~ ~ff~ty ~e ~e s~ect p~y h~ ~e (3) f~nt ~ ~ s~ ~ ~u~old ~ ~ ~tion 100-13(B). ~ a~on, ~e slo~ ~d ~ ~y of ~e p~y Is su~ as ~ r~e ~si~ fill ~d ~ng ~ ~n ~e p~asd g~agets f~ ~1 wl~ ~ ~11o S~t if l~a~d on ~y o~ 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because as i'd. at. ed alx~vew th:Ll prope~:y hal ~e (3) f~n~ ~e ~erly ~nsi~r~ pla~t of 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because thl lo~&'r.J, on o£ the p~"~p~le~ garege ~ ~ bl~ ~i~' v~ ~le lo~ng ~e p~s~ ~age ~e e~ on ~e ~y ~ blo~ ~e vi~ of ~o~g neighs. ~e ~.e~ ~e~ of ~ (20) f~ f~ ~ ~ a~ids ~e des~ of ~e ~es ~d ~e~ ~ ~e ~r of ~e p~. ~e pl~ of ~e g~a~ in ~ of ~e p~ ~e l~t ~ence ~ ~i~ ~d ~ ~ ~e resi~ ~r of ~e dis~ict. STATE OF NEW YORK ) ) ss COUNTY OF SDFFOLK ) Sworn to this ....... .C..-~...'...~....'....~..~. ................ day of ........... ~..~9....r. ............................19 83 NO. 52- h "" Cemmissio. E. xp res Msrc i BALDES YVEISZ FORME.I~LY P^EAC.*ON I~UIL rJE PS SUFFOLK CO.'r/iX HAP DE,.SI~51NATION; ROAD pI,~t rOCO, SE~T. OZZ, B_.L.2:,LOT.5 ZT, Z8 II_.~, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£ Appeals NIAIN ROAD- STATE RI]AD 25 SI]UTHI]LD, L.I., N.Y. 11¢~'71 TELEPHONE (516) 765-180g March 7, 1984 Irving L. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. 3195 - Frank Simon and George Sanborn Dear Mr. Price: This letter will confirm the following the Board of Appeals at its Regular Meeting 1984 pursuant to your request: action taken by held March 2, BE IT RESOLVED, that Appeal FRANK SIMON AND GEORGE SANBORN, WITHOUT PREJUDICE to reapply. No. 3195, application for BE AND HEREBY IS WITHDRAWN This resolution was unanimously adopted. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk CC: Town Clerk Building Department 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 Town Hall, Main Road, (West End Conference Room), Southold, New York, on WEDNESDAY, DECEMBER 28, 1983, commencing at 7:30 p.m and ~a~ ollows: .-~ ./~ 7:30 p.m. Application for] ~ANK SIMON and/ GEORGE SANBORN, 160 [ West 87th Street, New York~ ' ~Y (by Irving L. Price, Jr., ~ Es%), for a Variance to the ~ Zoning Ordinance, Article IlL Section 10~32 for permission lo constract accessory garage \ building in the frontyard area of this parcel known as 3955 Stars Road, East Marion. NY; County Tax Map Parcel No. *.--- 1(~022-02,039.1. , 7:35 p.m. Application of MITCHELl. M. WILCENSKI, Main Road, Laurel, NY for a Variance to the Zoning Ordinance, ^rticle III, Section 100-32(A) for permission to construct accessory wind generntor in excess of 18 feet in height at premises known as 2800 Main Road, Laurel.,/' NY; County Tax Map Parcel No. 1000-125-3-6.1 and 7.1. 7:40 p.m. Application of BERTilA OKULA, 32345 Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels located at the north side of Main Road and the west side of Bight Road, Orient, NY; County Tax Map Parce] No. 1000-014-02.17. Those persons wishing to be heard regarding the above mat;ers should appear at the lime and place indicated?~. above. For additional information, please contact Linda Kowalski at 785-1809 (1802). Dated: December 16, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ GERARD P. GOEHRINGER CHAIRMAN STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) ~UDTTH A CHIEN ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Graenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the dayof Dec,~mber 19 83 Principal Clerk Sworn to before me this JOAN N MA~I[ ~ OUALIfI~ IN SUFFOLK ~U~ _ ~ ' ? ' ~ ,-' / ~MMISSION ~PIRE$ MA~H ~0 lg~J c~:~~ C ' NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town 'Board of Appeals at the Town Hall, Main Road, (West End Conference Room), Southold, New York, on WEDNESDAY, DECEMBER 28, 1983, com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application for i FRANK SIMON and GEORGE · SANBORI~_, 160 W~st 8.7~h 'Street. New York NY (by · Irving L. Price, ,Ir., Esq.), for Variance to the Zoning Ordin- ance, Article 111, Section 100- 32 for permission to construct accessory garage building in the frontyard area of this parcel known as 3955 Stars Road, East Marion, NY; Coun- ty Tax Map Parcel No. I000- 022-02-039.1. 7:3S p.m. Application of MITCHELL M. WILCENSKI, Main Road, Laurel, NY for a Variance to the Zoning Or- dinance, Article IIL Section 100-32(A) for permission to construct accessory wind gen- erator in excess of 18 feet in .height at premises known as 2800 Main Road, Laurel, NY; County Tax Map Parcel 1000-125-3-6.1 and 7.1. ' 7:40 p.m. Applicaton of BERTHA OKI JLA, 32345 Main Road, Orient, NY for a Variance to the Zoning Ordin- ance, Article BI, Section 100- 31, B~ul{l.a,~eduto~ fo~-approv, al of insufficient &ten and width Of two proposed parcels located at the north side of Main Road and the west side of Bight Road, Orient, NY; County Tax Map Parcel No. I000-014-02-17. Those persons wishing to b~ heard regarding the above matters should appear at the time and place indicated above. For additional infor- mation, please contact Lind~/ Kowalski at 765-1809 (1802). Dated: December 16, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOE]qRIIVGER CIiAIRMAN IT-12/22/83(32) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................................ weeks successively, commencing on the ~ ~ day of .......... ................... Swam to before me this .............. ..~.~..~....~. day of '~-~'"~"-" 19..~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 27, 1984 Irving L. Price, Jr., Esq. 828 Front Street Greenport, NY 11944 Re: Appeal No. 3195 - Frank Simon and George Sanborn Dear Mr. Price: As you requested, this matter was recessed until our tentative February 29, 1984 Regular Meeting; however, we have recently become aware that the Assembly Hall is not available on the 29th and the Regular Meeting has been changed till March 2, 1984. This matter will be reconvened on March 2, 1984 at 7:30 p.m. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN ~By/LinQa Kowa±sKi IRVING L. PRIGE, JR. ATTORNEY AT LAW 8~8 FRONT STREET GREENPORT, L. I., N. Y. 11944 December 28, 1983 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Appeal Application Frank Simon and George Sanborn Gentlemen: Please be advised that on this date, my clients called and requested that the above'-captioned application hearing be adjourned for a period of two months. This letter is sent in confirmation of our telephone conversation with your secretary. I apologize for the short notice; however, this request is made at the specific request of our clients. Thank you for your courtesy and cooperation in this matter. Very truers, ~. _/~ : ILP/dg LEGAL NOTICE NOTICE IS HEREBY ~. GIVEN, pursuant to Section ~267 of the Town Law and the #Provisions of the Amended ~Cede of the Town of Southold, I'a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, S0uthold, NY on FRIDAY. MARCH 2, 1984. commencing at 7:30 o'clock p.m. and as follows: 7:30 n.m Rece~d he~rinr~ O~ FRANK SIMON GEORGF.. SANBORN.- t..~ ..... ~v'~_ o~'nc~o in fenntv~l area. 3955 St~rs l~oad~ East ~ication fo; HENRY AND DOROTHY ST. GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenper_t, NY for a Variance NONTAoRY PUBLIC, State of New 0, 479613i, Suffolk C0ur~t,: Term Expires Na~ch 30.L9.~ Article TII, Sections 100-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard setback, (b) accessory garage building in the frouiyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. 1000-31-8-par t of 12.5. 7:40 p.m. Application of JAMES F. DRUCK 111. Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Article XI, Section 100- 118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Poconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-125.10-013. 7:45 p.m. Application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD for a Variance to the Zoning Ordinance, Article V, Section 100-51 and Article III, Section 100-31, Bulk & Parking Schedule, for approval of in- sufficient area and width of two proposed parcels, and for permission to continue use of multiple-dwelling residence on proposed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. 7:50 p.m. Application for PATRICIA STEGNER, by Rudolph H. Brner, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, and for approval of access, New York Town Law arucie xo, ~ectio]~ 280 A)[3] concerning premises havin~ insufficient area and widt~ and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-7~5.5 and 10.2. 8:00 p.m. 'Application of HARRY AND MARIE FAGAN, 52 East Lincoln Avenue, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to const~'uct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 ~Betts. Str_~t, Cutchogue, NY;. ~ounly Tax Map Parcel No. 1000-110-6-9. 8:05 p.m. Application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of i~s~fJAe~ent are~.~, the propped set-off of Io~ located at the corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID NO. 1000-54-9-part of 18. 8:10 p.m. Application for DANIEL SHELLEY. by Gary Flanner Olsen, Esq., Box 38, Mattituck, NY for a Variance for approval of access, New York Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of one parcel in this proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; County Tax map Parcel No. 1000-83-2-4. 8:20 p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to relocate a nonconforming one- family dwelling which was the subject of Appeal No. 3197, conditionally approved on January 25, 1964, at premises located on the west side of Westphalia Road and the north side of C.R. 40, Mattituck, NY; County Tax Map Parcel No. 1000-141-02- 21.1. For information concerning the above matters, please contact Linda Kowalsk~ at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1809 or 1802. Those persons having an interest in the above matters may appear at the time and place specified herein. Dated: February 11, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ITF23.4494 ) SS: COUNTY OF SUFFOLK .SUSAN rd ALLAN _ of Greenport, in said County, being duly SWOrn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for o~ weeks successively, commencing on the day of~~ 19 f Principal Clerk Sworn to before me this 2 3 r~l day of. NOTICE NOTICE IS HEREBY .GIV- EN, pursuant to Section 267 of the Town-Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular M.ee~g. and the f~llowing 'pu~blic, he~flngs be held by t~ Southold T~wn Zoning Bont~ ~pf Appeals at the Town HaH, M~in Road, Seuthold, NY on .I~RIDAYt ]VIARCH 2t 19~[, commencing at 7:30 o'clock p.m. and as s: P~m. ~]~-'essed hearin~ soty garage in frontyard area. ~" 7:35 p.m. ~pllcation for HE v mm t Sovuv ST. by Jr., Esq., 100-32 for ~ to con- ion, 'NY; County Tag!Map Parcel No. 1000-31-~-pntt of 12.5. · 7:40 COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk Count; 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 .................................... day.. of, ~........~...~..~.. ........................ ] 9...~..~.~ Swam to before me this ........... ?Z..~....~. ........ day of .......... ............ , JAME' Parcel l~)~m--J~ 355, I.~ of 18. ~o. I000-54.9. ~t~ ~rti catioe for Stale of New ¥0~ NO1~I'~Y PE3L;C, r~. 52-932]725 ~ter Ma~ituck ~'~q., ~oz a ~ ~r app.' V' xor a V~a dwe York To f ~s~ ~, ' ~/on 2~, --, ~icle 16 to &e ~'~/, ~d W~ ' le, appmv~} ~on 1~.31 ~, Ti ~ msU~ent ~ea one P~cel ~ this ~ P~ate ~ght~.~ated on a - COtchogue, NeW, gan ROad, &20 p m '~' ~'~-2.4. NORTH '~PPlication for non~nfo~slon to re/~ate dWe~ w~ one. fa~ oran ..... "oW~esub- ~ , 1~ ~ Vedon J~u~ ~ the ' at premises l~+~ ~' ~ad ~d ~e ~ ~e~ph~a C.R. ~, Ma~tuc,~ side of 141-02.21.1. ~ ~o. 1~ For infO~ation ~ ~e a~ve m ~ n~8 -- ~nt~ ~. ~a~ers, ple~e ~o~ ~l; ~u~fApPe~s, or tel APPEALs GERA~ p. ~G~, ~CHAIRM~ JUDITIt T. TERRY TOWN CLERK 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 December 2, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3195 application of Frank Simon George Sanborn for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. ~~.~,~~ Judith T. Terry Southold Town Clerk Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 Tow~ Board of Appeals at the Town Hall, Main Road, (West End Conference Room), Southold, New York, on WEDNESDAY, DECEMBER 28, 1983, commencing at 7:30 p.m. and as follows: ///~ p p .... N,~. 7:30 .m. Ap lication for FRANK SIMON and GEORGE SANBORN, 160 West 87th Street, New York, NY (by Irving L. Price, Jr., Esq.)/ ~ for a Variance to the Zoning Ordinance, Article III, Section / 100-32 for permission to construct accessory garage building i~ ~ ~ the frontyard area of this parcel known as 3955 Stars Road, East~ ion, NY; County Tax Map Parcel No. 1000-022-02-039.1. ~ 7:35 p.m. Application of MITCHELL M. WILCENSKI, Main Road, Laurel, NY for a Variance to the. Zoning Ordinance, Article III, Section 100-32(A) for permission to construct accessory wind generator in excess of 18 feet in height at premises known as 2800 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-125- 3-6.1 and 7.1. 7:40 p.m. Application of BERTHA OKULA, 32345 Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels located at the north side of Main Road and the west side of Bight Road, Orient, NY; County Tax Map Parcel No. 1000-014 -02 -17. Those persons wishing to be heard regarding the above matters should appear at the time and place indicated above. For additional information, please contact Linda Kowalski at 765-1809 (1802). Dated: December 16, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ....................................................................... XXXX Copies of the Legal Notice of Hearings for the 12/28/83 ZBA meeting were mailed to the following on or about 12/16/83: Irving L. Price, Jr., Esq. for Frank Simon and George Sanborn Mr. Mitchell M. Wilcenski Mrs. Bertha Okula L.I. Traveler-Watchman, Traveler Suffolk Times, Inc., Main Street, Posted on the Town Clerk Bulletin Board 12/16/83. Copies to: Building Department Individual ZBA files ZBA Bulletin Board ZBA Members Street, Southold, NY 11971 Greenport, NY 11944 TOWN OF SOUTHOLD, NEW YORK FOR VARIANCE TO ZONING ORDINANCE APP., NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .,., .FRANK SIMON and GEORGE SANBORN . 160 West 87th Street x,l', ~we) ................................................................. or ............................................................................ Nome of Appella,nt Street and Number New York ............. ,N,,,e,,w,..,Y,,o.,r,,k, ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. -- DATED July 19, 1983 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) FrankSimon and George Sanborn Nome of Applicant for permit of Stars Road East Marion New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (x~ PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY ..3_9..5..5....s.~9~?....~.9..a..~ ............ ..A...~.e..s..J:~.e.?-..i..a..Z,./..A,.g.~.l.?.~?..t...t~...a..]: ..... Suffolk County Tax Map No. Street Use District on Zoning Mop District 1000, Section 022, Block 02, Lots 27, 28, and 39 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32 3. TYPE OF APPEAL Appeal is mode 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 ~d~(has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Doted ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ForTh ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the location of the proposed garage in the "rear yard" is a practical difficulty because the subject property has three (3) front yards pur- suant to Southold Town Code Section 100-13(B). In addition, the slope and topo- graphy of the property is such as to require extensive fill and grading to maintain the proposed garage's floor level with the public street if located on any other part of the property and hence amounts to a practical difficulty. 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 as stated above, this property has three (3) front yards due to the property lines on Stars Road and Cedar Drive. The northerly end of the property is elevated and rough in nature, resulting in the existing structures having been placed in the rearward corner of this corner lot. In practicality, the proposed garage is placed in what would normally be considered the rear yard of the applicant due to the slope of the property and the placement of the buildings thereon. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the location of the proposed garage would not block neighbors' views, while locating the proposed garage anywhere else on the property would block the views of adjoining neighbors. The proposed setback of twenty (20) feet from Stars Road avoids the destruction of large trees and thereby maintains the character of the property. The placement of the garage in the proposed location is designed to minimize the impact on the aesthetic wooded nature of the property, the least interference with neighbors, and to maintain the residential character of the district. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this .......... ~-~..../.. ....................... day Irvingf. Price, Signature of ............ .N..o..v..e.~ .e..r. ............................ 19 83 ~Notary Pubhc ~ KA'n~Y M, KLING[ NOTARY PUBLIC, State of New Ym'k BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of FRANK SIMON and GEORGE SANBORN to the Board of Appeals of the Town of Southold NOTICE TO: GEORGE BALDES EMANUEL KATSANEVAKIS DANIEL GREENHAUFF PHILLIP FRUMENTI 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) (gpee~at-E×cci>ti*m-)-(-~oee~m4t) (the-fol4owi,~,~-4ief~. ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 3955 Stars Road, East Marion, New York 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential-Agricultural 4. That by such Petition, the undersigned will request the following relief: Variance of setback limits for the purpose of constructing a garage 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Section 100-32 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 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: November 28 , 1983 Petitioner IRVING L. PRICE, JR. Attorney/Agent for FRANK SIMON and GEORGE SANBORN Post Office Address 828 FRONT STREET GREENPORTt NEW YORK 11944 NAME PROOF OF MAILING OF NOTICE ADDRESS P P P 382 273 839 82 273 840 P 382 273 841 RECEIPT FOR cERTIFiED MAIL NO iNSURANCE cOVERAGE PROVIDED- NOT FOR INTERNAT~ONAL MAiL (See Reverse} ~ ~r. phllllp Frument____~_ StarS Roao Z[/~9/S3 STATE OFNEW YORK) COUNTY OFSUFFOLK) ss.: 20 Cedar Drive 20-37 St. Paul Avenue 184-31 Radnor Road Stars Road East Marion, New York Bronx, New York Jamaica, New York East Marion, New York KATHY M. KLINGE , residing at County Route 48, Southold, New York , being duly sworn, deposes and says that on the~d~. Y-~7 day of November _, 19 83 ., 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 Southold ; that said Notices were mailed to each of said persons by (cer tiff ed ) ~(~e~i~:~lce~%~lail. Sworn to before me this Notary"Public 0 0 N 0 ~c~ 0 0 SHORT ENVIRON~ENT.~L ASSESSMENT FORUM IISTRUC~=0NS. (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available inforr.~ation concerning the project and the likely impacts of the action. It is not exoected that additional studiest research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is no__t significant, (d) Enviror~ental Assessment 1. Will project result in a large physical c~mnge to the project site or physically alter more than 10 acres of land? . ........ . Yes X 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 effect on an existing body of water? . . . . . · · Yes X No &. Will project have a potentially large impac~ on groundwater quality? · , ..... · , · Yes X No Will project significantly effect drainage flow on adjacent sites? · , · , , · · · · Yes X No 6. Will project affect any threatened or endangered plant or ani~m~l species? . . · · · · · , Yes X No 7. Will project result in a major adverse effect on air quality? · · · · . . · · · Yes X No 8. Will project have a ~mJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? · · · Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . · Yes X No lO. Will project have a major effect on existing or future recreational opportunities? · · . Yes X No ll. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · · . · . · · · · · · Yes X No 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes X No 13. 'Will project have any impact on public health or safety? .......... · , Yes X No l&. Will project &£fec% the existing community by directly causing a growth in permanent popula- tion of more t.han 5 percent over a one-year period or have a major negaEive effect on the charact%-~ of the co,m. munity or neighborhood?. , Yes X No 15. Is there public con.~rcv, er~c~.~ng/the~/~ project? Yes X No PREPA~ER'S SIGNATL~E: ~ ~. ~ ~ TITLE: Attorney at Law REPRESE:~TI:;G. Frank~imon & George S~nborn DATE: ~ ~9~ 9/!./78 C November ~ , 1983 (Today's Date) To: Scutho!d Town Board of ..... is ' Main Road Southo!d, NY 11971 Re: ~_ App~_c~_o~ of Frank Simon and George Sanborn Loc__.on of Property: Stars Roadt East Marion Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i~ the within appeal aDo±lcation: (please ' check one box) [ ] ~ay be ~ .oc_~_d within 300 feet of tidal wetiands; hcwever, 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_ ~romer~y (m-~o~) ~ ~epaz_s, 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 nc bulkhead or con~__~e wall existing 'on the premises. not - [xx ] appear to Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does fall within the jurisdiction of the N.Y.C. D.E.C.] Sincerely yours, ( Sign.~ur-~' p2ease ) /' NOTE: If proposed project falls witq~in D.E.C. jurisdiction, approval must be received an~ submit~&d to our office before your application can be .scheduled for a public hearing. - -- ......... . ........... - ~:~ .'>. i :~ -- IRVING L. PRICE, JR. ATTORNEY AT LAW 8~8 FRONT STREET GREENPORT, L. I., N. Y. 11944 November 28, 1983 Judith T. Terry, Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Appeal Application Frank Simon & George Sanborn Dear Mrs. Terry: Enclosed herewith please find: (1) Notice of Disapproval dated July 19, 1983 (2) Application form in triplicate (3) Notice to adjoining property owners (4) Short environmental assessment form (5) "Wetlands letter" (6) Four (4) survey prints (7) My check in the amount of $25.00 in payment of your filing fee Please notify the undersigned of the date and time of the appeal hearing. If you have any questions, please do not hesitate to contact me. ILP :kk Enclosures Very truly yours, IRVING L. PRI~E, tlR. ATTORNEY AT LAW 8~O FRONT STREET November 30, 1983 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Appeal Application Frank Simon and George Sanborn Gentlemen: In accordance with your telephone request, enclosed herewith please find check of $25.00 as addi- tional fee in this matter. ILP/dg Very truly yours, Enc.