Loading...
HomeMy WebLinkAbout3450Southold Town Board of Appeals MAIN ROAD- BTATE: RI:3AD 25 ¢~r'IUTHr'ILD, L.I.. N.Y. 11¢~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3450 Application Dated Sanuary 7, ]986 (Public TO: Wickham, Wickham & Bressler, P.C. as Attorneys for ROSALIE GOWEN Main Road, Box 1424 Mattituck, NY 11952 Hearing 3/13/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April ]6, ]986 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordin~nc9 Article III , Section 100-31, Bulk Scne0ule [ ] Request for Application of ROSALIE GOWEN for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of: (1) insuffi- cient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, Cpt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map #1672, Lots 134, 153, 154, County Tax Map Parcel No. 1000-106-02-32 and 43. WHEREAS, a public hearing was held and concluded on March 13, 1986, in the Matter of the Application of ROSALIE GOWEN under Appeal No. 3450; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present use and classification in the "A" Residential and Agricultural Zoning Distr;ct~ and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance from the provisions of Article III, Section 100-31, Bulk Schedule of the Zoning Code for insufficient area, width and depth of two parcels proposed on this 31,740 sq. ft. tract of land, of: (a) 13,824 sq. ft. in area, 106.65 frontage along Zena Road, and depth of 133.59 feet for proposed Parcel #1 (to the south), and (b) 17,916 sq. ft. in area, 135.77' frontage along Central Drive and 91.67' along Zena Road, and depth of 133.59 feet. 2. The premises in question consists of an area of 31,740 sq. ft. with 198.23' frontage along Zena Road and average lot depth of 107.52 feet. (CONTINUED ON PAGE TWO) DATED: May 3, 1986. Form ZB4 (rev~ 12/81) CHAIRMAN, SOUTHOLD TOW~N OF APPEALS ZONING BOARD Page 2 Appeal No. 3450 Matter of ROSALIE GOWEN Decision Rendered April 16, 1986 3. The subject premises also consists of Lots #134, #154, and #153 as shown on a Map of Cpt. Kidd Estates which was filed January 19, 1949, prior to the enactment of the zoning code. The northerly half of the premises is improved with an accessory garage and one-story single family dwelling set back 35' from Zena Road at its nearest point, 37' from Central Drive, and 22' from the proposed division line. 4. For the record, it is noted that a Certificate of Occu- pancy #Z-5687 for the accessory garage was issued December 10, 1973 and Certificate of Occupancy #Z-1100 for an easterly 16' addition was issued during June of 1960. It is the board's belief that the dwelling as constructed over the old subdivision line between Lots #134 and #154 preexists the enactment of zoning in 1957. 5. It is the opinion of the board that this congested area is a very fragile and environmentally sensitive area, and without proof as to the availability of a public/community water-supply system and appropriate approvals from the Suffolk County Department of Health Services, including but not limited to Article VI, a variance is not warranted. 6. It is also the opinion of the board that although the area consists of lots similar in size, the existing dwellings have been serviced by a community water system since on or about the time of their construction. In considering this appeal, the board finds and determines: (a) that the relief requested is substantial in relation to the zoning requirements, meeting less than 20% of the lot area require- ment of 80,000 sq. ft.; (b) that the circumstances are not unique except that the subdivision pre-dates the zoning ordinances; (c) the granting of the variance would amount to "ad hoc" planning and create a precedent for the entire town which could well lead to further substandard parcels and would in turn cause a substantial efect of increased population density and be adverse to the safety, health, welfare, comfort, convenience and order of the town; (d) that the practical difficulties shown are not sufficient as applied~ (e) that the interests of justice will be served by denying the variance as applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3450 in the Matter of the Application of ROSALIE GOWEN for approval of insufficient area, width and depth, BE AND HEREBY IS DENIED WITHOUT PREJUDICE, as applied. Vote ofithe Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Douglass. (Absent was: Member Sawicki.) This resolution was duly adopted. lk ,~ E . I q,//C AIRMAN ' May 3, 1 986 J APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 June lO, 1986 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoC, Re: Appeal No. 3517 - Rosalie Gowen (Variances) Dear Gall: In reviewing your recent request for reconsideration of Appeal No. 3450 in the Matter of Rosalie Go~en, the board indicated, at our Special Meeting of May 28th, that a copy of an approval (or waiver) by the Suffolk County Department of Health Services is necessary prl.or to advertising this matter for a public hearing. If you are able to furnish us with same by mid-July, it is expected that a public hearing could be held in early August. Please keep us advised regarding developments. Yours very truly, cc: Planning Board GERARD P. GOEHRINGER APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 May 3, 1986 Abigail A. Wickham, Esq. Wickham, Wickham &.Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoC. Re: Appeal No. 3450 Rosalie Gowen (Variances) Dear Gail: Transmitted herewith for your records is a copy of the recent findings and determination rendered in the above matter and filed May 5th with the Office of the Town Clerk. Yours very truly, Enclosure Copy of Decision to: Planning Board Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski WILLIAM W/C K~ HAM ERIC ~l BRE$$LER WICKHAM, WICKhAM & BRESSLER, m.c. MAIN ROAD, P.O. BOX I4E~4 MATTITUCK LONG ISLAND NEW YORK H952 February 27, 1986 Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: Application of Rosalie Gowen Gentlemen: I question the Planning Board's conclusion regarding the intention of the original construction. The house faces Central Drive, and the driveway enters from Central Drive. Moreover, the house is built completely on the proposed Parcel 2 and has adequate set back. Therefore, I do not understand on what basis the Planning Board has made its conclusion as to the owner's intention. Their basis is not set forth in the resolution. Moreover, the owner's original intention is irrelevant as a variance is requested based on current practical difficulties or unnecessary hardship. The filed map originally showed the entire parcel as three separate lots. The house was constructed to straddle the northerly and middle lot lines but was fully constructed on the northerly portion of the entire property. I enclose a print of a survey showing the original lot division on the old filed map. / WiLh regard to you£ inquiry regarding lot coverage, Mr. ~Hindermann has advised us that based on the Town records and survey, the structures do not violate the lot coverage r. equirements. We are making.arrangements to obtain a letter ~from him stating that there is no excessive lot coverage. Very truly yours, Abigail A. Wickham AAW:emu encl. cc: Planning Board 8outhold, N.Y. 11971 (516) 765-1938 February 13, 1986 Abigail Wickham Wickham, Wickham and Bressler Attorney at Law P.O. Box 1424 Mattituck, NY 11952 Re: Rosalie Gowen set-off change at Mattituck Dear Mrs. Wickham: The following action was taken by the Southold Town Planning Board, Monday, February 10, 1986. RESOLVED that the Southold Town Planning Board foward the following comments and recommendations to the Board of Appeals regarding the proposal for a set-off for Rosalie Gowen: The Board has concerns with regard to the lot which is proposed, since it is obvious from the original cons%ruction that the owner did not have any intent to make two lots. The Board recommends that the parcel rmm~n~.~9 If you have any questions, please don't hesitate to our office. contact ~ of Appeals Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary N 79. Z7 ! 7209 O~ THE ~ ¥0~C ST~,'rl ~ca/e : -T°' = Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI January 9, 1986 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3450 Rosalie Gowen (Variances) Dear Gail: This letter will acknowledge receipt of the above variance application and is to advise you that the board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling this application for a public hearing. In reviewing the survey map as amended August 16, 1985, it is noted that proposed Parcel #2 may require an additional ,~;~ variance for excessive lot coverage for all existing structures. We ask that you contact the building inspector for his determina- tion in this regard, and then furnish us with a copy of same "~,.together with the total area for each parcel as proposed. ii~SL, n the interim, please proceed with the Planning Board in i~/~,/ ~order that they may submit their written comments and/or action ~to our office as early as possible. Please don't hesitate to call our office if you have any questions. Yours very truly, GERARD P. GOEHR1NGER CHAIRMAN cc: Planning Board By Linda Kowalski Building Department (MHA,S & CO.) for a Special Ex. ....... !Article III, Soctlon 100 31 Bulk A~-'~icle Vffl Section 100-s~ lq Schedule for approval of 1 in fo/~permmmontautilizepremises is.umclent lot area, (2) insuffi- and\ construct addition for the clent lot width, (3) insufficient lot m~.~acture of sails, canvas .dme..P~., of tw.o parcels as })reposed officeandstora,g,e,,,arsatbcide ~a[ ted at the corners of thereto, in this 'C-Light" I~dus.,i Zona Road, Cpt. Kidd Dr/ye and trial Zoning D/strict. Location oI Property: 74100 Main Road, ~-,p~ i,.laas ~,ssares tnea map Greenport, NY; County Tax Ma~~ No. 1672, Lots 134, 153, 154; Parcel No. 1000-45-064)06 =] l~tY Tax Map Parcel No. 3:00 p.m. Appeal No 3465 .I 000-106-02-32 and 43 VELIMIR AND HEDA VRA-i 8:20 p.m. Appeal No. 3474'- NKOVIC for a Variance to th~ DAVID M. JOHNSON for a Zoning Ordinance, Article III]~Variance to the Zoning Ordi: Section 100-31, Bulk Schedule~ ~n~.. ~jkArticle III, Section 100: for approval of the construction { , Schedule, for permis~ of second-story deck additionl~i°nt°constructadditionwithan with an insufficient frontyard asufficientsideyardsetbackand setback. Location of Property: 1625 Sandu Beach Road (a/Ma 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p.m. Appeal No: MICHAEL J. PERI2d~.i~r~R, MA). for a Variance to the Zon- lng Ordinance, Article HI, Soc- tion 100-30(C)(1)(a) for permis- sion to utilize premises and addi- tion for accossory home occupa- tion use (0hysician's office) in ~x- cess of maximum-permittad 30% first floor area. Lacation of Prop, erty: 2035 Theresa Drive, Mat~ tituck; Deep Rome Creek Estatei Filed Map 4256, Lot 59, County Tax Map Parcel No. 1000-115- 16-15. 8:10 p.m. Appeal No. 3450 - ROSALIE GOWEN for Vari- ances to the Zoning Ordinance, (continued on next oa~e ~ ,coss of maximumtpermitted lot coverage. Location of b~operty: 385 Corey Creek Road; uthold, NY; County Tax Map ri'cai No. 1006-87-5-13. 8:35 p.m. Appeal No. 3463 , 0MI/ND PRESSLER for a ~nance to the Zoning Ordi~ ~ce, Article VII, Section 100~ , Sulk Schedule, and Article , Section 100-70(A)(1)(d), for mission to utilize premises of ~12 sq. l~. in area sa a continu, nonconforming two-family County Tax Map Parcel No. 100-31, Bulk Schedule, for ap- 1000-63-3-26. proval ofpropesed lots havingin- 8:45 p.m. Appeal No. 3455 - sufficient area, width and/or KATHLEEN VARANO for a depth in this pending division of Variance to the Zoning Ordi- land, located at the East Side of nance, Article XII, Section 100- Queens Street, Greenpert, NY; 121(D)(1) for a clarification and/ County Tax Map Parcel No. or correction of the intorpreta- 1000-40-3.6. tion of the Building Inspector of Condition in Appeal No. 3330 re- 9:20 p.m. Appe/q No. 3466 ndered by the Board of Appeals ' GREGORY SIMONELLI for a May 2, 1985 which allows no Variance to the Zoning Ordi. slaspingorlivingquartersinthe hence. Article III, Sect/on 100- accessory garage/apartment 31, Bulk Schedule, for approval structure. Location of Property: of proposed lots having insuffi- 6600 (or 6750) Indian Neck Road, · ment area and width in this pend- Peconic, NY; County Tax Map lng division of land, located at Parcel No. 1000-086.07-004. the East and South Sides of Grand Avenue, Mattituck, NY; 8:55p.m. AppealNo. 3421.Ro. County Tax Map Parcel No. cessed Hearing . ESTATE OF JOSEPH ZIELONKA to be re- 1000-107-02.04. 9:25 p.m. Appeal No. 3475 - 9:05 p.m. Appeal No. 3451 - JOSEPHH. SAWICKI, JR. for BEDELL WINERY/VIN. a Variance, for approval of access pursuant to New York Town EYARDS for a Special Excep- Law, Sect/on 280-a, over a pri- tion to the Zoning Ordinance,Ar- rate right.of-way located off the ticle HI, Section 100-30(B)(14) South Side of Old North Road, for permission to establish w/n- ery use from grapes grown on the Seuthold, NY; premises pre- premises, located at 36225 Main sently of Schaefer and identified on the Suffolk County Tax Maps. Road, Cutchogue, NY; County as District 1000, Section 55, ~l[/ngandaddtworetailsales/ 1T0.ax Map Parcel No. 1000-65-02. Block 2, Lot 4. ~ uses/n this "B-l" General 9 '~ · . :~u p.m. Appeal No 3456 - . mess Zoning District. Loca~ RICHARD a~ ,,~- ~- 9.30 p.m. Appeal No. 3453 - ! of Property: North Side of TONfo ,, ,'~,~ ~.a WlL- SAMUEL K.C. AND ELIZA , ~.~.~ ~, ,,,. ,,,, ravamancetotbezoning PLIMPTON K ~-.~Pji,~2~d~j%~,.F O~/i,~,,~, A~i~,, ~r~ o- ~. . OPPER for a Article III, Section 100-31, Bulk Schedule, for approval of prop. osed three lots having insuffi- cient area and width located along the west side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-4- 1.2, consisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above mat- tars. Written comments may also b~ submitted prior to the conclu- mon of the hearing in question. For more information, please call 765-1809 (alt. 1602). Dated: March 4, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, C~AN 1TM6.5179 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Mary K. Degnan -------------_ of Greenport, In said County, being duly Sworn, says that he/she la Principal Clerk of THE SUFFOLK TIMEs, a Weekly Newspaper, published at Greenport, Jn the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed ia a printed copy, hag been regularly published In said Newspaper once each Week for ~ weeks successively, Commencing on the ___6 day of ~ .... 19_~.6 Prll~clpal Clark ~ S ' WOrn to before me this ~ , A?? ~1 ABATE NO'IICI:, NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Somhold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MARCH 13, 1986, and as follows: 7:35 pan. Appeal No. 3432- Recessed Hearing in the Matter af JOHN AND JOYCE ftOLZAPFEL. 7:35 p.m. Appeal No. 345% RALPH AND LUClLLE ';TOCKER for permission to deck addit;-', with an insuffi- cient fron J setback. Loca- tion of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-0445. 8:05 p.m. Appeal No. 3460- MICHAEL J. PERLMUTTER. M.D. for a Variance to the Zon- ing Ordinance, Article III. Sec-' tion 100-30 (C)[l](a) for permis-, sion to utilize premises and ad- dition for accessory home oc- cupation use (physician's office) in o~cess of maximum-permitted 30 percent first floor area. Loca- tion of Property: 2035 Theresa Drive, Mattituck; Deep Home Creek Estates Filed Map 4256, Lot 59, County 'Pax Map Parcel :onst ruct new dwelling requiring No. 1000-115-16-15. Variances to the Zoning Or- /- 8:10 p.m. Appeal No. 3450-'~ .linance: Il) Article Ill, Section { ROSALIE GOWEN for/ 100-31, Balk Schedule, for ex- ~ Variances to the Zoning Or- :essive lot coverage, and (2) Ar- ~ dinance, Article III Section / icle XI, Section 100-1192 for ,/100-31 Bulk Schedule for ap-/ eduction in the required set- / proval of: (1) insufficient lot/ Jack from bulkhead and tidal / area, (2) insufficient lot width,/ · raters to less than 75 feet. Loca- ~ (3) insufficient lot depth, of two I~ wtc~:iC.'sV¥INEYARD~, io. a Special Exception to the Zoning Ordinance, Article III,Y 'on 100-30(B)[14} for permisa.~n to establish winery use from gropes grown on the premises, located at 36225 Main Road, Cut- chogue, NY; County Tax Map Parcel No. 1000-85-02-10. 9:10 p.m. Appeal No. 3456- RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area, width and/or depth in this pending division of land, located at the East Side of Queens Street, Greenport, NY, County Tax Map Parcel No. 100040-3-6. 9:20 p.m. Appeal No. 3466- GREGORY SIMONELLI for a Variance to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of proposed lots having insufficient ama and width in this pending division of land, located at the East and South sides of Grand Avenue, Mat- ion of Property: 1080 Maple Jane (a/k/a) 55 Snug Harbor ~.oad), Greenport, Cleaves 'oint, Section 3, Map No. 4650, -or 59; County Tax Map Parcel qo. 1000-35-05-28. 7:40 p.m. Appeal No. 3452- SAUL FORESTIERI for tariances to the Zoning Or- dnance, Article 11I, Section 00-31, Bulk Schedule, for per- nission to locate new dwelling ~ith insufficient front and earyard setbacks. Location of ~roperty: East End of Sound Clew Avenue (South End of :asbender Avenue), Peconic; 3alley Park Subdivision, Lots t, !, 3, 4, 5, County Tax Map Parcel No. 1000-67-064104. 7:45 p.m. Appeal No. 3470- a~THANAS AND RUTH ZAMPHIROFF for a Variance ~o the Zoning Ordinance, Arti. cie ltl, Section 100-31, Bulk Schedule for permission to con- struct addition of 190! sq. ft. in area which will exceed the maximum-permitted the lot coverage requirement of 20 per- cent. Location of Property: 17195 Main Street, (a/k/a 720 Second Street), New Suffolk, NY; County 'lhx Map Parcel No. 7:50 p.m. Appeal No. 3447- PUDGE CORP. for a Special Exception to the Zoning Or- dinance, Article VIll, Section 100-80(B) for permission to establish one or more of the following uses within the buildings proposed to be con- structed as showu by sire plan revised 7-9-85: professional of- i~iees; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing establishment; food processing; packaging of machine parts to be shipped; such uses as allowed in this C-I Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County 'l'kx Map Parcel No. 1000-63-01-10. 7:55 p.m. Appeal No. 3459- 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special Exception to the Zoning Or- dinance, Article VIII, Section 100- 80 (B) for permission to utilize premises and construct addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial' Zoning District. Location of' Property: 74100 Main Road, Greenport, NY; Count)' Tax Map Parcel No. 1000454164106. 8:00 p.m. Appeal No. 3465- VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule for approval of the parcels as proposedin this pen- ~ tituck, NY; County Tax Map ding set-off division of land \ Parcel No. 1000-107-02-04. located at the corners of Zena \ 9:25 p,m. Appeal No. 3475- Road, Capt. Kidd Drive and \ JOSEPH H. SAWICKI, JR. Central Drive, Mattituck, NY; \ a Variance for approval of ac- Capt· Kidd's Estates Filed Map /cess pursuant to New Yerk Town No. 1672, Lots 134, 153, 154; J Law, Section 280-a, over a County Tax Map Parcel No. ~j privata right-of-way located off 1000-106-02-32 and 43. ~ the South Side of Old North 8:20 p.m. Appeal No. 3474- Road, Southold, NY; premises DAVID M. JOHNSON for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct addition with an insufficient sideyard set- back and in excess of maximum. permitted 20 percent lot coverage. Location of Property: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:35 p.m. Appeal No. 3463- EDMUND PRESSLER for a Variance to the Zoning Or- dinance, Article VI1, Section 100-71, Bulk Schedule, and Ar- ticle VII, Section 100-70(A)[l](d), for permission to utilize premises of 68,912 sq. ft. in area as a continuing non- conforming two-family dwelling and add two retail sales/office uses in this "B-I" General Bu- of Property: North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-63-3-26. 8:45 p.m, Appeal No. 3455- KATHLEEN VARANO for a Variance to the Zoning Or, dinance, Article Xll, Section. 100-121(D)[I] for a clarification and/or correction of the inter- prctation of the Building Inspec. tot of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living quarters in the accessory garage/apartment structure. Location of Property: 6600 (or 6750) Indian Neck Roadk Peconic, NY; County l'h.x Map Parcel No. 1000-086-07-004. 8:55 p.m. Appeal No. 3421' Recessing Hearing - ESTATE OF JOSEPH ZIELONKA to be reconvened. 9:05 p.m. Appeal No. 3451. BEDELL presently of Schaefer and iden- tified on the Su ftblk County Tax Maps as District, 1000, Section 55, Block 2, Lot 4. 9:30 Appeal No. 3453- SAMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-4-1.2, con- sisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons desiring to be heard i~ each of the above matters. Writ- ten comments may also be sub- mitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 18021. Dated: March 4, 1986· IIY ()RI)ER Ol? TIll~. SOUTHOI.D BOARD OF APi>EA~ S GERARD p. GOEHRINGER, CHAIRMAN FB3/6/86(10) .' is the :HMAN, County; d copy, dchman weeks · day of OF SUFFOLK ~NEW YORK SS: i Wood, being duly sworn, says that she is the THE LONG ISLAND TRAVELER-WATCHMAN, )ewspaper printed at Southold, in Suffolk County; the notice of which the annexed is a printed copy, published in said Long Island Traveler-Watchman ~ week for... / weeks ~ly, commencing on the ...................... .~. ..~ ~ ...... , ~ 9 .~. :< . .... T.. . 17 ...... :...(-..~..~..~.....~-...~... to before me this ........ ./ ............ day of ........ Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified ,in Suffolk County Commission Expires g'g~ .3 / 19/f~'J~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD--¢ITATE: R~AD 25 Br'IUTHOLD, I_.1., N.Y, ~lcJ?l TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MARCH 13, 1986, and as follows: 7:30 p.m. Appeal No. JOHN AND JOYCE HOLZAPFEL. 3432 Recessed Hearing in the Matter of 7:35 p.m. Appeal No. 3457 - RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule, for excessive lot coverage, and (2) Article XI, Section 100-119.2 for reduction in the required Setback from bulkhead and tidal waters to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport; Cleaves Point, Section 3, Map #4650, Lot 59; County Tax Map Parcel No. 1000-35-05-28. 7:40 p.m. Appeal No. 3452 PAUL FORESTIERI for Variances to the Zoning Ordinance,'Article III~ Section 100-31, Bulk Schedule for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East End of Sound View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivi- sion, Lots 1, 2, 3, 4, 5; County Tax Map Parcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470 - ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct addition of 190± sq. ft. in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of Property: 17195 Main Street (a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel No. 1000-117-08-13. 7:50 p.m. Appeal No. 3447 PUDGE CORP. for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing estab- lishment; food processing; packaging of machine parts to be shipped; such uses as allowed in this C-1 Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 7:55 p.m. Appeal No. 3459 125-127 MAIN ST. CORP. (MILLS & CO.1 for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to utilize premises and construct addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial Zoning District. Location of Property: 74100 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-45-06-006. 8:00 p.m. Appeal No. 3465 - VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of the construction of second-story deck addition with an insufficient frontyard setback. Location of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p.m. Appeal No. 3460 - MICHAEL J. PERLMUTTER, M.D. for a Variance to the Zoning Ordinance, Article III, Section lO0-30(C)[1](a) for permission to utilize premises and addition for accessory home occupation use (physician's office) in excess of maximum-permitted 30% first floor area. Location of Property: 2035 Theresa Drive, Mattituck~ Deep Home Creek Estates Filed Map 4256, Lot 59~ County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450 - ROSA~L~ GOW~E~ for Ya~ances.~to.tbe~ oning Ordinance, Article III, Section 100-31, Bulk Schedule, for pproval of: (1) insufficient lot area, (2) insufficient lot width, 3) insufficient lot depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, Cpt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map #1672 Lots 134 153, 154' County Tax Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m. the Zoning Ordinance, for permission to con setback and in excess Location of Property: Tax Map Appeal No. 3474 DAVID M. JOHNSON for a Variance to Article III, Section 100-31, Bulk Schedule, struct addition with an insufficient sideyard of maximum-permitted 20% lot coverage. 385 Corey Creek Road, Southold, NY; County Parcel No. 1000-87-5-13. 8:35 p.m. Appeal No. 3463 EDMUND PRESSLER for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 Article VII, Section lO0-70(A)[1](d), for permission to utilize premises of 68,912 sq. ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses in this "B-I" General Business Zoning District. Location of Property: North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-63-3-26. 8:45 p.m. Appeal No. 3455 - KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XII, Section lO0-121(D)[I] for a clarification and/or correction of the interpretation of the Building Inspector of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living quarters in the accessory garage/apartment structure. Location of Property: 6600 (or 6750) Indian Neck Road, Peconic, NY~ County Tax Map Parcel No. 1000-086-07-004. 8:55 p.m. Appeal No. 3421 Recessed Hearing - ESTATE OF JOSEPH ZIELONKA to be reconvened. 9:05 p.m. Appeal No. 3451 BEDELL WINERY/VINEYARDS for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for permission to establish winery use from grapes grown on the premises, located at 36225 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-85-02-10. 9:10 p.m. Appeal No. 3456 - RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedules for approval of proposed lots having insufficient area, width andtor depth in this pending division of land, located at the East Side of Queens Street, Greenports NY; County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal No. 3466 - GREGORY SIMONELLI for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area and width in this pending division of land, located at the East ~nd~So~th Sides Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. of 9:25 p.m. Appeal No. 3475 JOSEPH H. SAWICKI, JR. for a Variance for approval of access pursuant to-New. York Town Law, Section 280-a, over a private right-of-way located off the South Side of Old North Road, Southold, NY] premises presently of Schaefer and identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, Lot 4. 9:30 p.m. Appeal No. 3453 - SAMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Ordinances Article III, Section lO0-31s Bulk Schedule, for approval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic, Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons or representatiyes desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lk INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit: March 6, 1986 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before March 11, 1986. Copies to the following 3/4/86: Mr. and Mrs. John Holzapfel, 825 South Harbor Road, Southold, NY 11971 Mr. Garrett A. Strang, Architect for Mr. and Mrs. Ralph Stocker, P.O. Box 1412, Southold, NY 11971 Mr. Paul Forestieri, 300 East 54th Street, New York, NY 10022 Mr. and Mrs. Athanas Zamphiroff, P.O. Box 255, New Suffolk, NY 11956 Mr. James Gray, Sr., Pudge Corp., P.O. Box 1465, Southold, NY 11971 Mills & Co., 125-127 Main St. Corp., 125 Main Street, Greenport, NY 11944 William D. Moore, Esq. (c/o R.F. Lark, Esq.), P.O. Box 973, Cutchogue, NY ll for Mr. and Mrs. Velimir Vrankovic Michael J. Perlmutter, M.D., 2035 Theresa Drive, Mattituck, NY 11952 Abigail A. Wickham, Esq. for Mrs. Rosalie Gowen, Box 1424, Mattituck 11952 Mr. and Mrs. David M. Johnson, Koke Drive, Southold, NY 11971 Gary Flanner Olsen, Esq., for Mr. Edmund Pressler, Box 706, Cutchogue 11935 Richard F. Lark, Esq. for Mrs. Kathleen B. Varano, Box 973, Cutchogue 11935 William W. Esseks, Esq. for Mrs. Odell and Katzenberg, Box 279, Riverhead Mr. John Wickham, for the Estate of J. Zielonka, Main Road, Cutchogue 11935 Mr. Merlon Wiggin, President, Peconic Assoc. for Bedell Winery P.O. Box 672, Greenport, NY 11944 Richard F. Lark, Esq. for RICHARD AND ANITA WILTON Gary Flanner Olsen, Esq. for GREGORY SIMONELLI Mr. Joseph H. Sawicki, North Road, Southold, NY 11971 Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER Mr. and Mrs. Samuel K.C. Kopper, 310 Plymouth St, Pembroke, MA Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Board, Z.B.A., P.B., and Building Dept. Individual Z.B.A. files 02359 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S. E. (2 · R. A. H a r c h CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance 13, 1986 APPEAL NO.: 3450 !'ROJECT NAME: ROSALIE GOWEN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of tile Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the wiEhin project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for tho same or simi].~r project. TYPE OF ACTION: DESCRIPTION OF ACTION: (2) insufficient lot width, as proposed in this pending IX] Type II [ ] Unlisted [ ] Variance for: (l) insufficient lot area, (3) insufficient lot depth of parcels set-off subdivision. LOCATION OF PROJECT: Town of Southold, County of Saffolk, more particularly known as: Corners of Zena Road, Opt. Kidd Drive, and Central Drive, Mattituck; Cpt. Kidd Estates Map #1672-L0ts ]34, ]53, ]54; Co. Tax Map No. ]000-106-02-32 and 43. REASON(S) SUPPORTING THIS DETERMINATION: (l) An Environmental Assessment in the short form has been !;ubmitted which indicates that no significant adverse effects to Lhe environment are likely to occur should this project be imple- memted as planned; (2) Relief requested is an area variance not directly related to new construction. (3) The property in question is ]0cared more than 300 feet from tidal wet]ands. FOR FURTHER INFORFDITION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall~ Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant er his agent and posted ,on the Town Clerk Bulletin Board. Daniel C. Ross LAW OFFICES WlCKHAM, WICKHAM ~ Bf~ESSLeR, main ROAD, P.O BOX 1424 MATTITUCK LONG ISLAND NEW YORK 11952 January 6, 1986 Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: Application of Rosalie Gowen for Variance Gentlemen: Enclosed are the following in connection with the above application: 1. Application, in triplicate; 2. Notice of Disapproval from the Building Inspector; 3. Short Environmental Assessment Form; 4. Wetlands Letter; 5. Original Notice to Adjoining Owners with Affidavit of Service thereon; Five prints of the survey (As our client's funds are limited, we have enclosed Xerox copies of the survey rather than incurring further expense in having more prints drawn up. If this is not acceptable, please advise, and we will obtain and forward additional prints.) o Check to the order of the Town Clerk in the sum of $75.00, representing the application fee. We have simultaneously filed an application for Set-off with the Planning Board in connection with this matter. If any additional information is required, please contact us as soon as possible. Very truly yours, · ~A~b~ail A. Wickham /emu encls. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO~~1 October ~Q- I 9~$ DATE ........................ :... TO ~ ZO~ ~OA~ O~ AP~AbS, ~OW~ O~ SOUl,Obi, ~. ~. ~, ~x ....~P.~!~...P.9~ ............................... of ...~.P.~...~.~...~.~.~,~ ......................................... Name of Appellant Street and Number Mattituck, New York ......................................................................................................................... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .8./...2..3.../.,8.,5. ............................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ) PERMIT FOR OCCUPANCY Ward A. Freese Name of Applicant for permit of 39 Straiton Square, East Hampton, New York Street and Number Municipality State ) PERMIT TO USE (X) PERMIT TO DIVIDE 1. LOCATION OF THE PROPERTY600 Zena Road Mattituck - "A" ResidentSal & ...................................................... ;;"'"'~:".":": ........ ~'"'A~r:4cul tur al Street use IJistr~ct on Lomrn:j ~nap ..~.~..7..:~. .................................. ! ~..4..:..!~!.. ~...,Z..5.3. .... lv~op No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III~ Section 100-31 Bulk & Parking 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 Xi~f~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal 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 ~srequested forthe reasonthat applicant wishes to divide the property into two lots containing insufficient width and area as shown on the attached sketch. Form ZB1 JAN 0 7 1986 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the parcel is considerably larger than the surrounding lots in the area, most of which contain dwellings and are single and separate. The existing residence is located on the northerly portion of the property, leaving the southerly portion unused. 2. The hardship createdis UNIQUEond isnotshared by all properties alike in the immediate vicinity ofthis property ondinthis use district because this is one of the few par- cels containing a vacant lot which is not separated from the ad- joining residence parcel. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the size of the lots proposed would be in keeping with the area. STATE OF NEW YORK COUNTY OF SUFFOLK SS ROSALIE GOWEN Sworn to thi~ ..........~..0...t..h. ......................... day of ......... O.ct.o. be.~ .............................. 19 85 ...... //~,~.,.~,~..._~! ..................................... Y / Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ROSALIE GOWEN totheBoardofAppealsoftheTownofSouthold TO: Mr. & Mrs. Emanuel Frangas 88-24 239th St. Bellrose, NY 11426 Ms. Arline B. Riese Mattituck, NY 11952 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a (Variance) (~,X~;__. . . ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 600 Zena R~d: Mmtt4t-~r~k: N,=w Y~rk - R~t~rly ~rn~=r nF .,__ Central Drive, Zena Road and Captain Kidd Drive, Mattituck. ) ~'. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential & A~ricultural. 4. That by such Petition, the undersigned will request the following relief: Permission to divide the property into two lots containing insufficient width and area. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~rticle III Section 100=31 Bulk & Parking Schedule [ ] Section 280-A, New York Town Law for approva] of access over rigbt(s)-of-w~y. 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 ~ight to appear and be heard at such hearing. Dated: October 30, 1985 . 0wners'Names: Rosalie Gowen Post Office Address 600 Zena Road MattitUCk, NY 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Emanuel Frangas Ms. Arline B. Riese 88-24 239th Street Bellrose, NY 11426 Mattituck New York 11952 RECEIPT FOR CERTIF NO INSURANCE COV ~,~nr ~,~. ....... ERAGE P 677 296 378 RECEIPT FOR CERTIFIED MAIL ~ INSURANCE COVERAGE PROV OEO NOT FOR ~NTERNATIONAL MA~L ~/ (See Reverse) ~ , residing at (no #) Oak Street,. 2, , being duly sworn, deposes and says that on the 6th day ~_, 1986 , deponent mailed a true copy of the Notice set forth on the re- .~ Ih of the above-named persons at the addresses set opposite their respective names; ~,Posite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Sou~hold; that said Notices were mailed at the United States Post Of- fice at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (a~) mail. (See attached receipts.) Sworn to before me this 6th day of January, ,19 86 JULIE BAUERNFEIN0 _ ~ 4~7~ Su~k ~flb ~ ~~ ~r~ ~, ]~ I ELLEN M. URBANSKI (This side does not : property owners.) have' to be completed on form transmitted to adjot ning