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Home My WebLink About3367TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, -~'J~ ~' DATE ~.....~.. ~. ,./...F'..~'.~ TO THE ZONING BOARD OF AP,PEALS, TOWN OF SOUTHOLD, N. Y. T, ........... of ....... i .......... Name of Appeltent Street and Number ......................................................................................................................... HEREBY, APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....................................................... WHEREBY T~E BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Lois Patricia Lesnikowski Name of Applicant for permit of ~.e,w ,'york 11952 · [~£.t~.~.~. i~.~ ...... JM.o.tiil~.ck, ........ : ............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Variance T. LOCATION. OF THE PROPERTY ...[]~].o...t~.)..]~]..o..r..t.h...]~).¥.~..v..e....~/.[.a.~.t.iJ;.u._c..k. ....... .,~.gr.i..c./~.e..~.i.d..,..' Street Use District on Ton,lng Map .................................... : .................. ............. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 1 Section 106-20: ArHcle 3 ~qeetion 131: Bulk and Parking 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. 16 Sec, 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~J (has noti 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 mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ,s requested for the reason that applicant seeks to divide subject premises into two parcels as shown on a survey by Young & Young dated November 16, 1981. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant presently owns lots M & N of Shore Acres filed in the office of the clerk of Suffolk County on January 3, 1914, as-map #41. The property is designated on the Suffolk County Tax Map as district 1000,section 106, block 06, lots 26 & 27 and contains a total area of 2. 076 acres. Applicant presently gets two separate tax bills. There presently exists on the property two residences and a frame garage. Due to the fact that the main house and garage is partially on the lot N and partially on lot M. Applicant seeks to redefi, ae the lot lines as shown on the Young'& Young survey pf November 16, 1981. #1'would contain a area of 52,630 square feet and parcel #2 an area of 67,590 square feet. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of th~'property and ~r~ ~is use district because the applicant also has two houses on two lots and only looking to redefine the lot lines but not ,incfeas~ethe number of lots nor the density. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the density would not be irrrcrease ' and the applicants houses already exist and applicant only seeks to redefine the lot lines so that each house has its own parcel. · Sworn to this ................... ,/. ........................ day of .......... ....~.~ ........................ ] 9~:~"--~ No. 52-6806770 ~esidlng in Suffolk County APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 June 6, 1989 Gary Flanner Olsen, Esq. P.O. Box 706 Main Road Cutchogue, NY 11935 Re: Appl. No. 3367 Lois P. Lesnikowski (Your #3993) Dear Gary: As you may be aware, the premises which is the subject of the above application before the Board of Appeals has been redesignated on the newly adopted Master Plan Zoning Update. When your application was filed with this office, the previous Zoning Code was in effect. Since all files will be required to be updated based on the new Zoning Plan, the new provisions of the Code must be used. The same provision under the new Zoning Plan for this new zone district according to our records is shown to be: R-40 Zone District Minimum Lot Area Requirement: 40,000 sq. ft. per lot Minimum Lot Width Requirement: 150 feet Minimum Lot Depth Requirement: 175 feet Minimum Side Yards: 15 and 20 for a total of 35 feet all as per Bulk Schedule, Article IIIA, Section 100-30A.3. Please check one of the following two choices, sign and return a copy of this letter as early as possible: { } that you authorize a correction of your application by our office staff with the new Article and Section Numbers (as noted above in the second paragraph) in order to update the same and apply only the same provision of law; and the lot area variance is now obsolete since each lot is proposed at more than 40,000 sq. ft.; however, it is possible that the side yard setbacks between the proposed division line and the northerly house may not be in conformance with the Code as proposed. OR: Page 2 - Appl. No. 3589 - Mooney-Getoff To: Mrs. Mary J. Mooney-Getoff June 6, 1989 { } that you prefer an update of your Notice of Disapproval issued by the Building Inspector on your pending building department application, particularly to determine whether or not additional provisions of law apply. Also, our last communications with you requested a copy of a preexisting C.O. and updates concerning D.E.C. status. Yours very truly, GERARD P. GOEHRINGER Authorized Signature Enclosure (Photocopy of Zoning Map) GARY FLANNrR OL$£N COUNSELLOR AT LAW P.O. BOX 706' MAIN ROAD · CUTCHOGUE. LONG ISLAND, NEW YORK 11935 · PHONE 516 734'7666 FAX 516-734-771~ June 13, 1989 Re: Lockwood/Lesnikowski Minor Subdivision Our File 3993 Appl. No. 3367 Dear Linda: Enclosed please find a response to your letter of June 6, 1989 indicating that we would prefer an update of the Notice of Disapproval by the building department. Disapproval. GFO:lmk Enclosures I have written the building ~ent~ for a new Very t ru~//your s ~/' GARY FLAIR OLSEN Southold Town Board of Appeals Main Road State Road 25 P. O. Box 1179 Southold, NY 11971 Attn: Linda Kowalski CC: Lois P. Lockwood 1850 South Ocean Lane Fort Lauderdale, Fla. 33316 GARY FLANNER OLSEN COUNSELLOR AT LAW P.O. BOX 706, MAIN ROAD · CUTCHOGUE. LONG ISLAND. NEW YORK 11935 * PHONE 916 734-7666 June 13, 1989 Re: Lockwood/Lesnikowski Minor Subdivision Our File 3993 Appl. No. 3367 Gentlemen: Enclosed herewith please find a minor subdivision map prepared by Young and Young for Lois P. Lesnikowski along with a letter dated June 6, 1989 from the Zoning Board. Please issue a new Notice of Disapproval based on the new Zoning Code. Very truly yours, GFO:Imk Enclosure Southoid Town Building Dept. Main Road Southold, NY 11971 CC: $outhold Town Board of Appeals Main Road P. O. Box 1179 Southold, NY [197! Attn: Linda Kowa!ski Lois P. Lockwood 1850 South Ocean Lane Fort Lauderdale, Fla. 33316 GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 · MAIN ROAD · CUTCHOGUE. LONG ISLAND. NEW YORK il935 · PHONE 516 734-7666 April 23, 1985 Re: Lesnikowski- Minor Sub-Division File ~ 3993 Gentlemen: Enclosed please find a Notice of Disapproval from the Building Inspector dated December 13, 1984, as per your request. I am in the process of obtaining a pre-existing C O and I am contacting the D. E. C.. Please hold all papers. Very tru~o~r s, GFO:lmm Enclosure Southold Town Board of Appeals Main Road - State Road 25 Southold, N.Y. 11971 GARY, FLAI~NER OLSEN COUNSELLOR AT LAW P. O. BOX 706 · HAIN ROAD · CUTCHOGUE, LONG ISLAND, NEW YORK 11935 · PHONE 516 73~7666 April 24, 1985 Re: Lesnikowski- Minor Sub-Division File # 3993 Gentlemen: Please be advised that I represent Lois Patricia Lesnikowskt the owner of lots M and N of "Shore Acres". There presently exists two houses and a garage on the property. My client is seeking to change the lot lines as shown on the enclosed survey of Young and Young. dated November 16, 1981. Please advise us if a formal application must be filed with your office. in order to effect the lot line change. Very truly yours, GFO:lmm Enclosure N.Y.S. Department of Environmental Conservation Buildin8 40 SUNNY Stoney Brook, N.Y. 11790 GARY FI_ANN-ER OLSEN cc: Zoning Board of Appeals T LD Southold, N.Y. 11971 (516) 765-1938 May 22, 1985 Mr. Gary Olsen Attorney at Law P.O. Box 706 Cutchogue, NY 11935 Re: Lockwood and Lesnikowski Dear Mr.Olsen: The following comments from the Planning Board's meeting of May 20, 1985 are offered to the Board of Appeals for their review regarding the above mentioned application. This property (parcels 1 and 2) were two lots pursuant to the filed map of Shore Acres of 1914 and have now become merged. It appears that the proposed change in the lot-line from the filed map is to provide seperation for the existing houses, one of which straddles the lot-line. If you have any questions, please donf~t hesitate to contact our office. Zoning Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765q809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 9, 1985 Gary Flanner Olsen, Esq. Main Road, Box 706 Cutchogue, NY 11935 Re: Appeal No. 3367 Filed 5/3/85 Lois P. Lesnikowski This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [ X] Planning Board [X ] N.Y.S.D.E.C. [ ] Town Trustees in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next available hear ing date. If the above document(s) are submitted by July 5, 1985, it is expected that the public hearing would be held about the latter part of July. A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, cc: Planning Board Building Department GERARD P. GOEHRINGER ITy'~ Linda Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OE VITAL SIAIJSTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765~1801 To: From: OFFICEOFTHETOWNCLERK TOWN OFSOUTHOLD May 3, 1985 Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3367 application of Lois Patricia Lesnikowski for a variance. Also included is Notice to Adjacent Property Owner; Notice of Disapproval from the Building Department; Short Environmental Assess- ment Form; minor correspondence and survey. FORM NO. 3 ToWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ..~., ........... /' '~" ' ., 19 ....................... : ..... .~.4,~,,,~...~...~... ~ ~.o, .~ < ..... · I ,~...~, &,c~, 19 . ~'~.EASE TAKE NOT~CE t~,at yo,,r,ppl~ca"on ,~ated % .......... /' :'¢' ....... '~ g for permit to ....................... Location of Property House No. Street Hamlet County Tax Map No. 1000 Section ] O ~. ..... Block .... ~ ~ ...... Lot...c~ ~ .~..c~ .7... Subdivision. ~ .(~c,~3~e. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~'~.~ d~..~....~8,c~.°c:~ · · '~ a ~ .- ~.0....~.~ ~...o~. ~.....0~~.. '5' ~' '~' '~' ';~'~ ....... .~?.¢:..'.~4.....0~-,....~. .... ~..:~ .... ~ ........... -'~ ~1 q~.~.~..~. ¢./~. ~.. ............................................ Building Inspector RV 1/BO ,$1tORT EHVLRO~ENTAL ASSESSMENT 2:{STRLTT!O~2$) (a) In order to answer the questions in this short EAF is is assumed that the ~reparer will use currently available i~formation concerning the proJec~ and the ikely l~pacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and s completed Enviro~v. ental Assessment Form is necessax-/. (c) If all questions have been answered No it is likely that this project is ~ significant. (d) Enviror.~ental Assessment 1, Will project result in a large physical change 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 ~ No ~ill project alter or have a large effect on an existing body of water? · · · · · · · · . Yes ~ No ~. Will project have a potentially.large impact on groundwater quality? · . · · . · · · · · · Yes X No ~, Will project significantly effect drainage flow on adJacen~ sites? . . . . .... . . . Yes X Ho Will project affect any threatened or endangered plant or animal species? , , · · · · , . , . Yes X Ho Will project result in a major adverse effect on Will proJec~ have a ~aJor effect on visual char- acter of the co,~munity or scenic views or vistas known tO be important to the co~munit7? , . , Yea ~ No Will project adversely impact any site or struck- ute of historic, pre-historic, or paleontological importance or any site designated as a criti~l X environmental area by a local agency? , , , Yes ~.__ No Will project have a major effect on existing or X future recreational opportunities~ , , , Yes No Will project result in m~Jcr traffic problems or cause a major ef£ect to existing transportation systems? , , o . , , . · , v · · · · %'es 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 Will project have any impact on public health or safety? o . , . . , . .., . . . . Yes X No Will project Affect the existing community by directly causin~ a growth inpermanent popula- 13. 1L. REPRES~_:ITI?{G: tion of more t.~an 5/~rcent over a onewyear period or have a .3~Jo~,~4ne~ative e~fect on the charac%~ of :-he/~o~.m6hity cr ~eighborhooa?..' ~is ~atricia Lesnikowski Yes. X No , Yes, ,v. No TITLe: Attorne,y DATE: 1-24-85 - TOY~rN ~ PROPERTY RECORD CARD. ; ~ER STREET VILLAGE DIST. SUB. ~o~E~ OW.E~ . E ~C,. I /, I ~~ [ /. , S W ~PE OF BUILDING ~ND IMP. TOTAL DATE RE~RKS ,~ ~,~ ~ 7~ ~ ~ ~l~ A~ ' BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acm Velue Per Volue · Ac re Tilleble Tilloble 2 Tilloble W~lond ~mpl~nd ~ FRONTAGE ON ROAD ~r~lond M~ Plot DEPTH BULKH~D ~K Total ~ ~ ~ ~ TOWN OF SOU~i~iOLD PROPERTY RECORD CARQ, ' ~/../_ ~- ~ OWNER STREET VILLAGE DIST, SUB. 'LOT ,/~ FORMER OWNER ' N E ACR. I /. ~. ~ ~ ~ I TYPE OF BUILDING RES. ~ / ~ SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS ~ ~G5 ~ [ ~ o BUILDING C~l~l~ ~,/~ ]~ ~ NOeL BELOW ~BqVE , ~ FA~ A~re Val~ Per V~Jue ' Acre Tillable 1 Tillable 2 Tillable 3 W~dland Sw~mp~n~ ~RONTA~ ON WA~E. /~ ~ ~ ~ ~.~:: ~ ~ ~ Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD ° " '-" DOCK Total Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. llC:J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE 00YEN, JR. ROBERT J. DOUGLASS JOSEPfl fl. SAWICKI April 17, 1985 Gary Flanner Olsen, Esq~ Main Road, Box 706 Cutchogue, NY 11935 Re: Variance Application for Lois Patricia Lesnikowski Location of Property: Mattituck Creek, E/s North Drive Dear Gary: upon receipt of the following documents, the above application may be filed with the Town Clerk and processed accordingly: 1. Copies of Certificate(s) of Occupancy for land uses and existing dwellings/structures as exist; °b ~ Copy of a Notice of Disapproval or other written referral from the Building Inspector noting the applicable provisions of law requiring actions by the Z.B.A. If you prefer, we will hold the documents submitted today pending receipt of the above. It has been noted that the property in question fronts along Mattituck Creek and pursuant to Section 661.6 of the N.Y.S. Tidal Wetlands Law and 6NYCRR, approvals may be required from the N.Y.S. Department of Environmental Conser- vation. It is requested that if to them, that same be filed, be furnished for our records. an application has not been made and a copy of their determination Please don't hesitate to call either our office or the building ,,nspector if you have any questions. Yours GERARD P. GOEHRINGER CHAIRMAN lk GARY FLANNER OlSeN COUNSELLOR AT LAW P. O. BOX 706, MAIN ROAD CUtChOGUE:, I. I., NeW YORK .935 i Southold Town Zoning Board Main Rd. Southold, N.Y. 11971 Re: Lesntkowski - Minor Sub-Division_] File # 3993 Enclosed herewith is anf-application for a variance tn re the above matter along with the filing fee of $'~, 00. SIGNED GFC~'~ nm DAT~. 4~-85 ;IC-d~ED DATE: ' ' Lot 0 125.06 174.45' ' °"' ' --~ ?*0..'5' ' ~ '% i ',? AREA= 52{f~30 SO. FT. AREA :67,~90 SQ. I I L,ocATIoI SCALE Lot L ''BAY VIEW DRIVE ~IINOR SUBDIVISION FOR LOIS PATRlCIA LESNIK~ LOTS M ~ N /.~.', .,:. ~ ACRES" ~. 16, 1981 '" ' LA~ ~R,~.U~.~ ~ SUFF. CO. TAX MAP -DIST. lO00 SECT. ,06 BL'~ I.~T 26 81 27 ] TOTAL AREA= 2.760 ACRES L'--~'~:l . t~ SCALE: kU}NUMENT FOUND. ~ ~,~ / 6 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Lois patricia Lesntkowski to the Board of Appeals of the Town of Southold TO: Rober f Foudy Nell C. Kopp NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (other) [o±rcle choice] I. 2. That the property which is the subject of the Petition is located adi'acent to your property and is des- cribed as follows:_ 1North by Roberf Foudv. East by Matfifuck Creek. South by Neil C, Kopp, West by North Drive. 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural - Reeidential 4. That by such Petition, the undersigned will request the following relief: Applicant ~eekR ~o divide property of insufficienf area and width. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ! &, TIT Sectio!% 103-20 I00-3l Bulk & Parking 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-]_809. 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 (he Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; t~your representative have the right to appear and be heard at such hearing. /,~Lo~ Pat~jx~ia Lesnikowaki· by '-~etitioner Ga'~.y Flanner Olsep Post Office Address Main Rd, P, O,,~ Box 706 Cu~chogue. N, .Y, 11955 NAME Rober~ Foudy Nell C. Kopp PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 312lN. E. 55 Cour% For+ Lauderdale, Florida 33308 Manor Lane, Box 86, Jarnespor+. NoY, 11947 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Eleanor Jones , residing at (no ~) Cardinal .Drive ]V[n,l-fi~-ne~c. N.Y. , being duly sworn, deposes and says that on the ~' day of b r,~-;1 ,19 8,~ , deponent mailed a true copy ol 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 Cufchogue (certified) (registered) mail 85 ; that said Notices were mailed to each of said persons by GARY FLANNER OLSEN Commission EKoire~ Maroh 30, 11~