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HomeMy WebLinkAbout3474 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 RnAD- BTATE RnAD 25 SnUTHOLD, L.I,, N.Y. llg?l TELEPHONE (516) 765-1809 April 13, 1986 Mr. David M. Johnson Koke Drive Southold, NY 11971 Re: Appeal No. 3474 (Variance) Dear Mr. Johnson: This letter will confirm that at our Regular Meeting held April 3, 1986, the Board of Appeals took the following action: RESOLVED, that Appeal No. 3474 in the Matter of the Application of DAVID M. JOHNSON be and hereby is WITHDRAWN WITHOUT PREJUDICE as requested by letter dated March 13, 1986. This resolution was unanimously adopted. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ,? · LAWYER BZFORE SIC, NIN(~ TItlS INSTRUM~Itr,-[HiS ?lt~, / · ,~. ~1~' LAWYflII ONLY, TiIL~ INDENTURE, made the ~/.~ da)' of December , ,ih,eteen h,,~d, ed and seventy-six BETWEEN ' JANET(DUNKER)GOLD, residing at 250 Park Avenue Freeport, New York 1~520 istrxct. 1000 ;ECrIGN: 87 party of the first part. and GERTRUDE C. JOIINSON, residing at 87 Rockland Avenue<'- Larchmont, New York ,' : .' ' party of tile second pal'[', WITNESSETH. tlmt the par y of the first part in considerat on of Ten Dollarn and other valuahle consideration paid by tile party of the second part, docs hereby grant a ~¢1 release un o the part) of tfic secund part, tile heirs or successors and assigns of tte party of t ~e second part forever, Ail= that certain plot, piece or parcel of land, with the buildings and anl rovements thereon erected, s~tuate. lyingandbelngtm;t~K at Bay View, near Southold. in the Town of Southold, County of Suffolk and Stats of N~w Ygrkt bounded and described as BEGINNING at a point on the easterly line of a 50 foot prtuat~ road known as Creek Road" 250 feet southerly along said easterly line frc~ its with tho southwesterly line of Main Bayview Boad; fruu said point beginning; al~ag land now or fonuurly of Koke, South 63 degrees 43 minutes 50 seconds 125 feet to land now or formerly of Reynolds; alc~%g said last mentioned land. South 30 degrees 46 minutes 10 seconds 112.90 feet to the northerly line of another 50 foot private zDad known "Koka Drive"; ! ,~~he.~!.Y..~.[k~ ~o.f2'KoP~ Drive" twa ooursea as foll6w~: North 68 degrees 23 mia]utes 00 seconds West 65.23 fc~t to the easterly line of "Corey Creek Rmad"; tH~qCE along said easterly line of "Corey Creek Ro~d" North 25 degrees 16 minutes L0 seconds East 107.09 feet ot the point of BEGINNING. KX;EIHER witha nc~-exclusive right of way over said 50 foot prxvate: ~zoa~..,,f~. uhe sout/~p_~cerly oorner of the premises westerly and then northerly; tO: the/ ' ,." , ~uthw~sterly line of Main Bayview Road. · '.: ~ BE.ING the s~ premises con~yed to the party of the first par~ herein ~uu ruges qu, ~1 and 42. , - , .(~ a 1error, t a y, of thc party of t[~e first ~a~ in and to'ally st[e~s and roatla a.~uttm~lhe alive described pro ises to the ce tee . · · ~,~.a]l the estate aud rig la of the ,mr,- .t ,,.~ . ~.? thervof. ].OGI~TIIER whh the appt menance$ .. ~.tUnl) fl~e premises herein vrante,I ~.,,~:.~' .,,~s~ ~a~ m and to ~ld prymi~$; TO,}IAVI! AND ,~O '.. the party' of the s~o,,d parl'forev~r:"'~'°' tn. second ~rt, th. fiors or .ucccs.rs aud us.ign$ of , 'AND the party of the first I art core,mats that the party of tile first part Ires not done or suffered anything whcrd,y thc said preu'sises have been c:~cumhcre~ any way w mtevcr except as afore~id. AND the l~rty of the first part. in compliance witfi Section 13 of the Lien ~w; covenants t~t the ~rly .the first part will r~eive the consid~don fur t is mnveyance and will hold the fight 1o r~i~e such consid- any other Purl~se p cat before using any Jmrl Of the ~tal of the The xs~r,I "Ixarty'' shah I,e ¢o. Mrued as if il read "parties" whenever the sense of this indenture ~ IN W~N~ WH~OF~ the lmrly of the ill'st imrt has duly ex~uted this deed the da~ and year first wrilten. IN l,r~uce-Or3 .,. . , .. , /,., .:.. (),, the '~[,,oI~' day ot Deo~nt~r '1976 before me pe,Sooally came , lo m* known to be the indn'ldua descried executed Ihe foregoing {n~lrumenl am {n and who On d~e dray personally came 19 , beIore me ~o me known, ~'h~, being b~ me dul~ Swor., did de.se and say that he es~des at No. I ~a, he is ~c ; o~ i,, and which executed th ' : tl~e cOrporation described e iorego ne mstrume knows the sea of said cot . ,... · nl ti at I,e to said instrument {s SUCl- ~Pc?at.on. that the seal affixed ,...st ne slgued h nme thereto~b~ ,.,.corpo, ra. On Ihe day of 19 b~[ore me I'ersonally came , Io me known to be tl~e individual described in and who executed the foregoing instrument, and acknowl~lged that executed the Same. ..,.,~ STATE OF NEW YORK, COUNTy OF On the , 'cl.~y of perso,mlly c,'une 19 ~ I~fore me the subscribing witness to Ibc foregoing instrument, with wlmm I am personal y acqua nted, who being by me swur i d d depose and say that lie resides at No. duly that he knosvs ; to be the individual ' described in and who executed the foregoing instrument; Ihat lie, said subscribing wimess, was present and saw execute lhe same; and that he, said w."tness, at the same time subscribed h name as wi~ess thereto. 7'0 GEI~.I'RUDE C. JOfiNSCN sl:cJ m~N 87 u~oc~: 5 JAN. 5 lg77 cot 13 coumv OR ro',vN SUFFOLK WILLIAM ~. PRICE, JR., F. SQ. 238 Main' 'S tree~ :. Greenpoint, New 'York ?1'I . 944 Zoning Board of Appeals Building Department Town Clerk's Office Southold, New York John T. Kunst Corey Creek Road Southold, New York Re: Appeal of David M. Johnson (Appeal # 3474) Map No. 087, Lot No. 013 (Lot Owner Gertrude Johnson) Appellant was denied permission to build an addition March 11, 1986 Gentlemen, As a resident and property owner of the Town of Southold, New York, I would like to take this opportunity to be heard in opposition to the appeal of David M. Johnson. At the outset I would like to state that I am of the belief that my objections are of great weight in the consideration of this appeal in light of the fact that my pro- perty is immediately across from that of the appellant. I would like to first address the appellant's "Reasons For Appeal" as set forth in his application before this board. 1.) Strict application of the ordinance would not produce practical difficulties or unreasonable or unnecessary hardship as the appellant alleges in his application. Appellant states that "we would be unable to enlarge master bedroom which is presently very small". The appellant fails to point out that the two occupants of the premises have lived in the same quarters for some nine years without having found the alleged necessity of enlarging the master bedroom. Also, the addition to the master bedroom is a small portion of the total proposed addition, and is not a truthful assertion. It should be pointed out that the largest part of the addition, by a large margin, is in fact an addition to the dining/living room area. No actual hardship exists, in view of the fact that an addition of smaller dimensions could be constructed, which would not violate the 20% lot coverage restriction. The hardship cited a self-generated hardship, and one not properly within the appeals process. If such self-generated "hardships" are allowed, the public policies and priorities embodied in the zoning and building code are meaningless, and will be the exception rather than the rule. 2.) The alleged hardship created is not unique and is shared by all properties alike in the immediate vicinity of appellant's property and in this use district because the restrictions set forth by the statute apply to all property owners alike and there is a presumption that the statutes were enacted consistent with public policy and that property owners would not be permitted to enlarge their properties at will without regard to the adverse effect on the neighborhood in general. Appellant's proposals are far from what one would term "minimal" and it should be noted that the actual addition would increase more than just the bedroom as appellant alleges, such can be seen from examination of the diagram submitted by the appellant himself. 3.) The variance would not observe the spirit of the Ordinance and would change the character of the district. It is my position that the appellant has not successfully addressed this point in his application. The appellant merely reverts back to the allegation that his proposal is minimal and involves only a few "inches" of the property in question. Such an allegation is wholly absurd as even the appellant himself states that the excess lot coverage is 166.125 Sq. Ft. I would like to further state that the appellant has failed to consider that due to the addition of many new homes the width of the 50 Ft. road is quite outdated. The width of the private road at present is far too narrow and poses a danger to my young child and others who play in the front yard. Vehicles are compelled to drive on my property to allow the other vehicles to pass. An addition such as appellant proposes would further limit the space between the properties at this point and would make improvement to the road impossible due to lack of space. I am also of the strong feeling that a proposal such as appellant's would give his structure a lopsided appearance and become an eyesore and a public nuisance. All of the foregoing having an adverse effect on the value of my property. Furthermore, such an addition as proposed would also serve to block the scenic country view which one can now appreciate from my property, again having an adverse effect on the value of my property. In conclusion, I would like to restate my position with regard to the instant appeal. The applicable ordinances were enacted for the public welfare and should not be waived at each and every whim. The appellant has failed to set forth any compelling reason that would justify the issuance of a variance after all the past years of appellant's occupancy. I would therefore respectfully request that the denial of the building inspector dated February 25, 1986 be upheld in its entirety and that the appeal of David M. Johnson be denied in its entirety. Thank you for your time and consideration in this most important matter. ~ J~n T. Kunst ,~ NOTICE~ NOTICE IS HEREBY di EN, pursuant to S~lion 2~7 of the Town Law and the Coda of the Town. of Southol~, the followin~ public he~ will he held by' t~e SOU'i'HOLD at the Southold Town Hall, Main Road, Southold, NY at a I~ar Mea~ ~omm~in~ at 7:30 p.m. on THURSDAY, MARCH 13, 1986, and as follows: 7:35 p.m. Appeal No. 3432- Recessed Hearing in the Matter of JOHN AND JOYCE HOLZAPFEL. 7:35 p.m. Appeal No. 345% RALPH AND LUCILLB STOCKER for permission to construct new dweliin~ requiring Variances to the Zoning Or- dinance: (1) Article III, Section 100-31, Bulk Schedule, for zessive lot coverage, and (2) Ar- :icle XI, Section 100-119.2 for ~duction in the required set- uack from bulkhead and tidal ,raters to less than 75 feet. Loca- ion of Property: 1080 Maple bane (a/k/e) 55 Snug Harbor Road), Orcenport, Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax Map Parcel qo. 1000-35-05-28. 7:40 p.m. Appeal No. 3452- PAUL FORESTIERI for Variances to thc Zonin~ Or- iinancc, Article IlL Sectio~ .00-31, Bulk Schedule, for per- nission to locate new dwelling vith insufficient front and caryard scthacks. Location of 'ropcrty: East End of Sound Clew Avenue (South End of :asbender Avenue), Pcconic; Bailey Park Subdivision, Lots i, 2, 3, 4. 5, County Tax Map ?arcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470- . ~.THANAS AND RUTH ~AMPHIROFF for a Variance ~o thc Zoning Ordinance, Arfi- :le Ill, Section 100-31, Bulk ~chedule for permission to con- ;truct addition of 190-+ sq. ft. in area which will exceed the maximum-permitted the lot :overasc requirement of 20 per- :ent. Location of Property: 17195 Main Street, (a/k/a 720 ~econd Streat), New Suffolk, NY; County Tax Map Pasc~ No. 7:50 p.m. Appeal No. 3447- PUDOE CORP. for a Special Exception to the Zoning Or- dinance, Article VIII, Section {00-80(B) for permission to establish one or mom of the fo]lowing us~:s within the buildings proposed to be con- structed as shown by site plan ~wised 7-9-85: professional of- rices; dectrical contractor shop; comtruction of second-story deck add~ with aninsuffi- dent f. _m~td seiback. Locn- tion of PrOperty: 1625 Sandu Beach Road (a/k/a 55 Bay' Road), Oreenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p~m. Appeal No, 346~- MICHAEL J. PERLMU t-t 2IL M.D. for a Variance to the Zon- ing Ordinance, Article II1, Sec- tion 100-30 (C)[l](a) for pernds-. sion to utilize premises and ad- dition for accessory home oc- cupation use (physician's office) in ~.cess of maximum-permitted 30 percent f'~t floor area. Loca- tion of Property: 203~ Theresa Drive, Mattituck; Deep, Home Creek Estates Filed Map 42~6, LOt 59, County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 34~0- ROSALIE OOWEN for Vasiaoces to the Zoning Or- dinance, Article Iil Section · 100-31, Bulk Schedule for ap- proval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot deptlh of ~two parcels as proposed in this pen- ding set-off division of land located at the comers of Zena Road, Capt. Kidd Drive and Central Drive, Mattituck, NY; Capt. Kidd's Estates Filed Map No. 1672, Lots 134, 153, 154; County Tax Map Parcel No. 1000-106-02-32 and 43. / 8:20 p.m. Appeal No. 3474-~ Road, Southold, NY; premiss DAVID M. JOHNSON for n ~ presently of Schaefer and iden- Variance to the Zoning Or-~ tifiedontheSuffolkCountyTax dinaoce, Article III, Section/ Maps 100-31, Bulk Schedule, for per:~_ as District, 1000, Section mission to construct addition / with an insufficient sideyard set, \ back and in °tCess of maximum- \ permitted 20 percent lot ~ coverage. Location of Property: \ 38~ COrey Creek Road, ~ Southold, NY; County Tax Map~ WINERY/vINEYARDS for a Special Exception to the,~d~ning Ordinance, Article lll~ion 100-30(B)[14] for permis~Ton to establish winery use from grapes grown on the premises, located at 36225 Main Road, Cut- chosue, NY; County Tax Map Parcel No. 1000-85-02-10. 9:10 p.m. Appeal No. 34~6- 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, Grecnport, 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 Or- dinaoce, Article III, Section 100-31, Bulk Schedule, for ap- proval of proposed lots having insufficient area and width in this pending division of land, located at the East and South sides of Grand Avenue, Mat- titock, NY; County Tax Map Parcel No. 1000-107-02.O4. 9:25 p.m. Appeal No. 3475- JOSEPH H. SAWICKI, JR. for a Variance for approval of ac- cess pursuant to New York Town Law, Section 280-n, over a private right-of-way located off the South Side of Old North Parcel No. 1000-87-5-13. 8:35 p.m. Appeal No. 3463- EDMUND PRESSLER for a Variance to the Zoning Or- dinance, Article VII, 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-. siness ZoninR.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! dinance, Article XII, Section 100-121(D)[I] for a clarification nad/or correction of the inter. pretation of the Buildin~ Inspec. tor of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1983 which allows no sleeping or living quarters in the accessor~ {arnge/apart merit structure. Location of Property:. 6600 (or ~ 67~0) Indian Neck Road~-, Peconic, NY; County Tax Map 8:55 p.m. Appeal No. Receding Hearing - ESTATE OF JOSEPH ZIELONKA to be reconvened. 9:05 p.m. Appeal No. 3451. BEDELL 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 llI, 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 in 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. 1802). Dated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, ~: ~,"~ i ~;~ : CHAIRMAN 1%3/6/86(10) ~ is the :HMAN, County; ,d copy, ltchman . weeks · day of 1 we 1 ICE OF HEARINGS Schedule, for approval of: (D in- NOTICEISHEREBYGIVEN. sufficient lot ~ (2) immffi- pursuant to Section 267 of the Town Law and the Code of ~ cientlotwid~.(3)immffici~tlot Town of Sou~h~ld, th~ following depth, of twol~els Im.p..~j- public h~ will ~ld ~ i~ thispe~din~s~ffdiws~of' land located at the corne~ of 8:45 p.m. Appeal No. 34~5 - KATWI.I~EN VARAH0 for a Varl.r~- to the Zoning Ordi- nance, Arlicle XlL. Section 100- 121(DX1) for i r. larif~ation and/ plan revised 7-9~5: prof~siona offices; electrical contractor shop; plumbing shop; fumitare repair shop; carpenter d~p, cabinet sholr. prmting establish- sent; food proc~sing;, p~%oing of machine pars to be ~ such us~ aa allowed in thisf~l Heavy 'Industrial Z~nin_~ ~ trict. Location of Property:' East Side of Horinn's Lane, Southold, ~00 (or 6750) l~diim Nerk P, oad, · pe~onic,- I~IY; C~mty Tax Map Parcel No, 1~4)04. - 8.~Sp.m, Appeal~lo.3421.Re. c~,~ed Hear~g - RSTATR OF JOSEPH z~F..I~}NKA to be re- ~05 p.m. Al~a] No. 3451 - BEDELL ~WINERY/VIN- E~n~ ~ a/~peci__*~ Excep- tioll to t~M~ Zofli~)l~ilnn m~, Ar- tiele' ~1, ~ 100-30(BX14) for permi~i~m ~ablish win- e~ uee from g~i~n ~ the . p~m~_ la~s~a/136225 Main Tax Ms.~ Pam~llXlb, 1000-85-02- 10. * ~ ~.10 p.w~.Ap~d No.*~6 - sufficient area, width and/or osed three lots having insuffi- depth in this pending division of dent m~a and width located land. located at the East Side of along the west side of Indian Queens Street. Greenport. NY;' NerkRo~,Pe~onic, HY;County County Tax Map Parcel No. Tax Map Parcel No. 1000-86-4- 1000-40~6.. -; ofS.00.-l~ cm~sisti~gofatotulacreage: i~TATEOFNEWYORK ) ~.20 pm Appall No 3466 2. ,TheBoa~lofAppaalswilthear Var~anca to the ?~,i,,g Ordi.- ,..~,rmpr--~ve~,-in,gtobeICOUNTYOFSUFFOLK ) 31, Butk So~edule, fo~ api~oval - tart Writtencommentanmyal.o of pmp~ed lot~ having insuffi- the East and South S/des of Grand Avenue, Mattituek, NY; County Tax Map Psrcel No. 10~0-107-02-04. - 9:25 p.m. Appeal No. 3475 JOSEPH [L ~AWICKI, J~ for a Variance, for a~al ofa~'~ purzuant to New York Town. va~ ~t-of-~ay located off t~. ~h Si~ of Old North, .. $,mtly ~4' ~dmof~r a~d i~m~i~m~ az ~ 1000, Section. Block 2, Lot 4 ~20 lr~ Appeal Nor 3453-: SAMUEL K.C. AND ~.z.rzA ; be sub~:-t~l prior to the mmlu- ._'=i~ of;~ a~riag in question. For m~ i~[o~m~tion, please call ~/65-1809 (alt. 1802). -Dated: March 4, 1986 BY ORDER OF BOARD OF APPEAL5 - GERARD P. GOEHRINGER, CHAmMAN 1TM6-5179 Mary K. Degnan of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, s Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and Stats of New York, and that the Notice of which the annexed a printed copy, has been regularly publlshsd said Newspaper once each week for weeks auccesaively, commencing on the dsyof ~__~_~ 19 2~ / / Prioc/IPS' Clerk // NY; County Tax Map Parcel No. 1000-63-01-10. 7:55 p.m. Appeal No. 34~9 - (~411 .I .~l & CO.)~for a ,~oecial l~v- Article VIII. Section 100-80fB) for I~rmi~ion to utilize ~mi=e~ manuf~re of ~il~, ~ l~lucts and relni~l it~n~ and office and storng~ area incid~tal thereto, in this 'C-Light' trial Zaning Distti~c Locati~ of Prope~y: 74100 Main ~ Gr~enport, NY; County Tax Par~l No.' ~000-45-06-006. 8.~0 l~m: Appel No. 346~ NKOVIC for a Variance to th~ Section 100-31, Bulk Schedule for approval of the couetruetio~', of second-stor~ deck ~ldilton with an insufficient ~ntyard setl~ck, location of 1625 Sandu Beach Road (a/k/a 55 ties of Property:. North Side of TONforaVaria~cetotheZouln~ pLIMPTON KOPPER for a Sworn to before~l~ e.~his ~ T.~p~ ¥ ~ri~,~l ~Be~IfE U:~ w ¥ o r k APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals NIAIN ROAD- STATE ROAD 25 SnUTHOLD, L.I., N.Y. 11971 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 and the Code will be held by Town Hall, Main at 7:30 p.m. on IS HEREBY GIVEN, pursuant to Section 267 of the Town Law of the Town of Southold, the following public hearings the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Road, Southold, NY at a Regular Meeting commencing THURSDAY, MARCH 13, 1986, and as follows: 7:30 p.m. Appeal No. 3432 - Recessed Hearing in the Matter of JOHN AND JOYCE HOLZAPFEL. 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.) 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 100-31, 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 - ROSALIE GOWEN for Variances_to]tbe~ Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval 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. Appeal No. 3474 - DAVI~D M~. JOHNSO~N for a Variance to~ the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient sideyard ~ setback and in excess of maximum-permitted 20% 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 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 100-121(D)[1] 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 Schedule, 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, Greenport, 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 6hd~Sodth 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 Ordinance~ Article III, Section 100-31, 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 representatives 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 ll, 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 JUDITIt T TERRY TOWN Ct. ERK REGI$1R~,R OF ¥1TP. L ST^TISTIC$ OFFICE OFTHE TOWN CLERK TOWN OF SOUTHOLD February 25, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3474 application of David M. Johnson for a variance. Also included is Notice to Adjacent Property Owners; letter relative to N.Y.S. Tidal Wet- lands Land-Use; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; plans; and survey. Judith T. Terry Southold Town C~rk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ................................................................ of ........ Name of Appellant Street and Number ..................... · ~,~.,,'~-~,,.~.,~,,.?,, ................................................ ..~..:.~, ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDI,~I~,tNSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... f ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO ........................... ,?.,',?.. ,~.. .............................. . ................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PF_~MIT FOR OCCUPANCY~ I. LOCATION OF THE PROPERTY ~..~...(~'0~'~' C~C'~"~ ~, ·¢" , ,"~..~..OdT~OL~/ Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and.~aragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~,~_~s no~ been made 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 ~ A Variance to the Zoning Ordinance ) requested ~or the reason that ~eorm z~z (Continue on other side) REASON FOR APPEAL Continued ,1.~ S~TRICT~PPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 3 The Variance woutd observe the spirit of the Ordinance and WOULD NOT 'CHANGE THE CHARACTER OF THE DISTRICT because SS STATE OF NEW YORK COUNTY OF Sworn t~ this Notary ~ublic l/ U~OA J. COOe~ NOTARy PUBLIC, 8~ate No. ~225~, S~k Term E~ires March BOARD OF APPEALS, TOWN OF SOUTHOLD In the Ma~Aer~the Petition of to the Board of Appeals of the Town of Sou:hold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Sou:hold to request ~(Special Exception) (Special Permit) Other) [circle choice] 2. That the ,~:~e~ whichJs the subiect of the Petinon is located adj~len cribed as follows: COI~'Y (~R~'/~'K ~b~b ~ yandisdes- MAP We. 3. That the property w~t of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~ ~ . · ' II · , · -- 5. That thee provi~ of the Sou:hold Town Zoni~/g Code applicable to the relief s.~o~ht ~ [he.uffder- signed are Article ~ Sect/on I~;)O -~, ~'~ J ~A~ ~~ ~Q~ ~ [ ] Section 280-^, New York Town Law fo~ approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Sou:hold Town Clerk's Office at Main Road, Sou:hold, New York and you may 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 Sou:hold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: ~-E~"r~¥~~'' ~b4~&k) Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 329 227 770 P .~3~227 769 ~ 329 , F~.~,~,t C LIq]:FIED MArL .... C.;¢.~T~H~- [3 ~IAIL , b~ing dul~ sworn, depo~e~ ~nd~s~ys that on the &~- da~ of ~ [~ . 19 ~ , deponent m~iled · true copy of the ~otice set forth on the ver~e ~ide hereof, direc{ed to e~ch of the ~bove-nam~d p*r*on~ ~t the ~ddre~e~ ~et opposite thor n~m*~; that the ~ddre~ses set opposite ~he name* of ~id p~r~on* ~re ~he addresses of s~id person~ as ,hown on th~ current l~*ment roll of the lown of Sou~hold; tha~ ~id ~otice~ were mailed ~t the Hnited St~te~ Po~t rice at ~ e"~ I ~, ~ ~ ;that said Notices were mailed to each of said persons by , ~(registered) mail. dS~O~y tO~,lgef re ~[,~.is, ~. C ~)o' ~/otary Pu~[c Term Exl)ire~ Miroh ~0, 1L, i~/ (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..... ~. ~. ~ ~,4-.:~'.2. ~,. ~..-.."~.. ......... PLEASE TAKE NOTICE that your application dated . .~.~/~ .... .~..~ .......... , 19 for pemit to ~N~ ~Z~.~.N.'.~OZW.~. Zd~. ~.~{~.. .... at Location of Property. Hooso ~o. Street H~mlot County Tax Map No. 1000 Section .... ~.~.... Block ...~. ~ .... Lot . .O/~ ...... Subdivision ................. Filed Map No ................. Lot No ...... :..7 ........ is returned herewith and disapproved on the following grounds ............................... ....~.,z.,v .~.~.~. ~o...,,z_7~p. ~,/. z'-'-~. ~....A'q.-.~z~ c ~.....p..,'~....~.~..~..a.. .... .'5..~. 7.....~..~...~..~=.../.~-'~.....z,.~. ~.~....T-,6g..,p. ~....~'.~. y..? .~.~ .~. ..... .. ..... /,O.. ~.. 7. ©: .... . ./-~..~ .~.,,/~.~...,~z~.... ~3-.~. ,~. ,, ~t./z'. ~.._4.../__,-ow ............. ..... ,~.~ .77....~T... 5.. 6~..-.. x .,,.o. :. v~...~,.~,g...~v. ~.c ~ ..... C~ .Z..,~.: ........ .,~...~.v..o ....... ,,~a~ ~ .-r~6,, ..... /.~. . . : ...... ---. ~ ..... RV 1/80 zil~: il.l..1; LH¥11LIIIIIIL'IIL,I| T1Uall[y HUVIOW t~CT FC(jt,lJr~'~'S SUb- mission of this form, and an environments! review will be made by thisSard before any action is ken. SNORT ENVII!.O~,.:E~T~.L A$.S.--SS.~FNT t-'CPM ?ISTPt~T~GY, S~ (~) ~0 order to answer the question~ ~n thl~ short £A? Is 1~ a~tu~ed that proFarer will use ecrrentl7 ~vallablo ln/orr~ltlcn concern lng tho ~roJec~ and th, l~kel~ tmp~cts of the action. It is no[ o~pccted that additional ~tudie~, re,earth or ether investigations will be ~dortakon. completed Envlrc~en~al Aa~e~mun~ ~o~ ~ nece:;zar/. pet ~lgniflcan~. (d) l, 5, 6, 7. 8. 9. 10. 11. 12. 13. W~I project ra:ult in a large ph¥~ieil to the project site or phTstc~ll7 alter moro t~n lO acre~ o£ land? o , .... Will there be a major change to any unique or unusual lan~ form found on th~ site? . W~ll proJec~ alter or hav~ a large ~ffoc~ on an existing body o£ wa~er? · o , , Will project h~vo a potentially large lmpac~ on ~o,~dwater quallty? , , , , , , , W~i proJec% si~lflcantly effoc~ drainago Will project affect any threatened or endangered plan~ or and.al ~pecles? .... , W~I project res~t In a major advorsu effect on W~I project hav~ ~ =mJor ~ffoc% on vl~u~l c~ kno~ ~o be ~portan~ to thn commun==y? , , , Will proJec: adversoly ~pac~ any alto or ur~ of historic, pro-hlm~oric, or pal6on:ologicul ~mportance or any site dominated a~ a critical env~ro~en~l area b7 a local agoncT? . W~I project have a ~Jor effect on oxiat~g Will project result In ~Jor traffic problem3 or Will proJoc= reg~arl7 cause objectionable odor:, noise, glare~ vibration, or electrical dl3tur~ Will project have any i~pact on public safety'~ WIll proJec~ fffect the existing co~muntty b~ I~ there TITLe: Yes _,~No ., Yes . / No Yea ~ ~o ,/ Yes !~o _ Ye s /No _ · Yes Ye s Yea No Yes . Yes I~ No (Tod~:y's Date) To: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Q~h~%0 Location of Property: -- ~O~ Dear Sirs: In reference to the New York State Tidal Wetlands Land-use Reguiations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Lay;, please be advised that the subject property i,n the withiu appeal application: (please check one box) [ ] M,]y be located within 300 feet of tidal wetlands hc%.n.~ver, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. · [ ] May b'e 'located within 300 feet of tidal wetlands; however, constructcd along the water-lyinc edge of this property is a bulkhead in need-of~ (minor) (major) repairs, and approximately feet in length. ( ] May be located within 300 feet of tidal wetlands; however, constructed, along the water-lying edge of this property is a bulkhead less than 100 feet in length. ( ] not appear to May be located %.~ithin 300 feet of t'id~i wetland~u; and there is no bulkhead or concrete wall e:<is~zng 'on the premises. Is not located within 300 to the best of my knowledge.* [Starred items (*) indicate your property fall within the jurisdiction of the N.Y.S. feet of tidal wetlands does Sincerely yours, NOTE: If proposed project falls wi~n D.E.C. jurisdiction, approval must be received an~ submit~6d to our office before your application can be scheduled for a public hearing.