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HomeMy WebLinkAbout4525 175~ C~ount~' Rd. 48 35 08 TheodOre & Marie Petikas 93389 7/31/85 var~a~nce'.for resturant or re~nt~at~ zone -- ~ ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINA'HON MEETING OF MAY t9, ¶998 Appl. No. 4525-SE: THEODORE AND MARIA PETIKAS TAX MAP PARCEL 1000-35-1-8 STREET & LOCALITY: Comer of Routes 25 and 48, and Sound Road, Greenport, Town of Southold. DATE OF PUBMC HEARING: March 23, 1998 and May 14, 1998. FINDINGS OF FACT REQUEST MADE BY APPLICANT: This is a request made by the Property Ownem, Mr. and Mrs. Theodore Petikas, for a Special Exception to establish a two-family dwelling as a new principal use on this unimproved lot. The proposed building size is 46' by 28' to be located a minimum 40 feet from the southerly front property line, a minimum 15 feet from the north- easterly Comer, minimum 20 feet from the most northerly mar property line, and approximately 110 feet from the easterly front property line along Sound Road. A detached accessory garage will be located in the rear yard. Also noted are the requests by the Property Owners herein for Variances as to insufficient lot size for this two-family use and fence height, which have been addressed under Appl. No. 4626 in a separate determination. PROPERTY FACTS/DESCRIPTION: The property is located in a R~I0 Residential Low Density Zone District on the northwesterly comer of County Route 48 (North Road), (State Route 28) and Sound Road, Greenport, Town of Southold. The subject property is substandard in size and contains a total area of 2t,483 sq. ft., or 48% less than the 40,000 minimum lot size in this zone district for a single-family dwelling, and 74% less than the 80,000 minimum lot size in this zone district for a two-family dwelling. The applicants' proposal is to construct a 48 ft. by 28 ft. two-story building with two-family dwelling occupancy on an unimproved lot. This substandard lot fronts along County Route 48, State Route 26 and Sound Road, a town street. The proposal calls for a single point of vehicular access via Sound Avenue. The setbacks of the proposed pflncipal building are to be a minimum 40 feet from the southerly front property line, a minimum 16 feet from the north-easterly comer, minimum 20 feet from the most northerly rear property line, and approximately t10 feet from the easterly front property line. A detached accessory garage is Page 2 May Appl. #4525 : 1000-35-3-8 (Petikas)(SE) Southold Town Board of Appeals to be located in the mar yard. The March 6, 1985 survey, amended May 9, 1985 and June 6, 1985, submitted under this application shows that the property was vacant in 1985 with the exception of a small open shed, approximately 24 feet from the property line on Sound Road. The shed was at one time used to sell farm produce. The shed no longer exists on the promises, and the property in vacant and unimproved. The 1985 survey also indicates that an easterly portion of the property ,approximately 9,776 sq. ft., was zoned 'B' Light Business. That easterly section of the property was mzoned to R- 40 Low Density Residential in January 1989 as part of the town's comprehensive update of its master plan and zoning regulations. Since January 1989, the zoning classification of the remaining 11,707 sq. f. westerly section of the property has been, and is, R-40 Low-Density Residential. Prior to January 1989 and specifically at the time of purchase in 1985 by the applicants herein, this westerly section was zoned A-Residential (allowing single-family residences on 40,000 sq. ft. lots). (Testimony offered by applicant's attorney states incorrectly that the entire 21,432 sq. ft. lot was 'B' Business-zoned when applicants purchased the property on April 5, 1985. ) CODE PROVISIONS/BASIS OF APPLICATIONS: 1. Building Inspector's February 10, 1998 Notice of Disapproval which reads....The proposed fence exceeds four(4) feet in height, Article XXlII, Section 100-231, fences shall not exceed four (4) feet in height when located in the front yard of a residential zone. 2. Chapter, 100 "Zoning" under Article III, SECTION 100-3~(1) which reads as follows: "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals: "Two family dwellings not to exceed one such dwelling on each lot." 3. Chapter 100-30 A.3 Bulk, area and parking regulations: No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same confroms to the requirements of the Bulk Schedule and the Parking Schedule, with the same force and effect as if such re.qulations were set forth herein in full. (Emohasis added) FINDINGS OF FACT: The Board of Appeals has reviewed all information and evidence brought before it and based upon all testimony, documentation, personal knowledge and other relevant evidence, the Board of Appeals finds the following facts to be true and relevant: The applicants propose to construct and establish as a new principal use a two-family dwelling on an undersized nonconforming lot containing 21,483 sq. ft. in a R-40 Residential Low density District (minimum requirement for a single family residence is 40,000 sq. ft., and for a two-family 80,000 sq. ft. is required). The minimum lot size required for two-family dwellings in the R-40 district is 80,000 sq. fl. Applicant s contend that the footnote "NA" in the "Density and Minimum Lot Size Schedule for Residential Districts" means that the 80,000 sq. ft. lot size requirement is not applicable (NA) if provisions of community water or water and sewer are made. A clear reading of the Town Code and as applied by the Zoning Board of appeals, Appl. #4525S~. 1000- 35-1-8 Southold Town Board of Appeals Planning Board and Building Department indicates that the minimum lot size requirements of the specified district are not further reduced simply because town water and sewer am available. This intent of the code to double the lot-size requirement for two-family dwellings in the residential districts, AC, R-40, R-80, R-120 R-200 R-400, is clear and consistent in the Schedules of the Code. There is no reduction in the minimum lot size requirements in these districts. This point is further illustrated in the Schedule, which provides for specific lot-size reductions for two-family dwelling with utilities in the Hamlet Density Residential District and the Resort Residential District. On April $, 1985, when applicants purchased the properties, the entire parcel was split zoned: the smaller easterly portion of the premises (9,776 sq. ft.) was zoned 'B' Business, and the larger westerly portion (11,707 sq. fi.) was zoned A-Residential. Although applicants state that the property "was purchased as a business-zoned lot for $80,000 and it was greatly devalued by the subsequent rezoning in 1989," Town records confirm that more than half of the 21,483 sq. ft. lot was residentially-zoned at the time of applicants' purchase, and the residential zoning has continued for more than 13 years. According to Board of Appeals File No. 3389, on July 31, 1985, three months after Theodore and Maria Petikas purchased this lot (under one deed/metes and bounds description) the owners/applicants applied for a variance to use a portion of the residential-zone of this lot for a proposed business. After the public hearing on October 3, 1985 under Appl. No. 3389, the hearing was recessed by applicants' attorney and the application abandoned and discontinued by applicants. On January 10, 1989, the Town of Southold adopted a comprehensive update of its zoning regulations and master plan. The easterly business-zoned portion (9,776 sq. ft.) of the applicant's property was rezoned to R-40 Residential Low Density, and the westerly 11,707 sq. ft. portion was renamed or reclassified from A-Residential to R-40 (with no change in minimum lot size requirement). The residential zoning for the entire lot continues to this date. The applicant's 21,483 sq-ft, lot size meets only 26 percent of the 80, 0000 sq. ft. of the requirement for establishment of a two-family dwelling use. The minimum lot-size requirements in the R-40 Residential Low Density Districts for two- family dwellings, and the intent therein, was noted by town's legislative actions in 1989 and clearly stated in Section 100-30A.1: "The purpose of the Low-Density Residential District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate objectives." BOARD REASONS: On the basis of testimony heard and documents submitted, and after personal inspection of the property, the following is used as criteria and reasons for denial of this Special Exception: 1. Grant of a two-family on an undersized lot will change in the character of the neighborhood and cause a detriment to nearby properties because the degree of the variance is so great - a 74 percent reduction in the minireum lot size requirement - in that it constitutes an unwarranted overcrowding on an undersized nonconforming lot. 2. The applicant can build a single-family dwelling. Although the applicants seek to recoup Page 4 - May 19, ~8 Appl. #452~ : 1000-~8-1-8 (Petikas Southold Town Beard of Appeals Sp. Exc.) a perceived financial loss incurred in 1985 when they purchased this property for business purposes at a cost of $80,000, the record demonstrates that the applicants knew at the time of purchase that mom than half of the property was zoned for single-family residence and the Code required 40,000 sq. f. per dwelling for minimum land ama. In addition, at the time the applicants purchased the property, the Code required a minimum of 160,000 sq. fl. for two- family dwelling. 3. As indicated in the denial of the variance, the applicants request is substantial for a 74 percent reduction in the Code minimum lot-size requirement. 4. The self-created difficulty has been addressed separately in the variance. The applicants knew when they purchased the property that it was not adequate in size and did not meet the code requirements as to minimum lot size for a two-family dwelling, that the property was split-zoned business and residential. The applicants could have requested a determination from other municipal applications (such as a use variance or a change of zone) if the intent were to recover a financial hardship, prior to or after the 1989 rezoning. The applicants now seek to recoup losses incurred by its actions more than 13 years ago in this Special Exception. While the board recognizes that a two-family dwelling may yield a more profitable return than a single-family residence, no financial proof has been submitted to substantial applicant's claim that the property cannot be sold for permitted single-family residential use, or income derived from such permitted use. 5. The grant of a special exception for two-family use on an undersized lot will have an adverse effect and impact on the physical and environmental conditions of the neighborhood. It will double the traffic, double the impacts to groundwater from a duel septic system, and double the intensity of land use, which in turn will affect the neighborhood and is contrary to the stated purposed of the R-40 Residential Low Density District. THE BOARD THEREFORE FINDS: 1. A two.family dWelling on a lot substantially less than the required 80,000 sq. ft. will intensify adverse effects on the safety, health, and welfare of the Town and Community arising particularly from additional demands on septic system, wall water if public water is not approved, Increased vehicular traffic to and from the site in a high-traffic area and multi- street intersection. 2. The Density and Minimum Lot Size Schedule added to the Code January 10, 1989 provides than 80,000 sq. ft. of land area is required for a ~wo-famlly dwelling In the R-40 Zone and has no provision for reduction of this minimum requirement in cases where public water is available. In view of this Code requirement, a Special Exception allowing such construc~ion on a substandard lot does not promote and is not in harmony with the general purposes of the Zoning Code. 3. The subject property Is located at a high.traffic intersection with County Route 48, New York State Route 28, and Sound Road, which is the Main east-west access route by transients to Orient (which is also an Inter. State Ferry Transport area for Long Island travelers). Although the driveway is proposed along Sound Road, additional vehicular traffic will exit onto the Main Thoroughfare which impacts visibility for pedestrians and vehicles at this intersection. 4. In summary, the granting of this special exception will result In a violation of health, safety and welfare of the immediate community due to: (a) very close access at an Intersection of County Road 48 and State Route 28, and access from Sound Road, a town Page 5 Nay 19, 1~ Appl. #4525SE : 1000-35-1-8 (Petikas Sp. Southold Town Board of Appeals street; (b) additional overcrowding of the land which is substandard in size at 2f,OOO+- square feet when the Zoning Code mandates 80,000 square feet for ~wo-family dwelling use; (c) undue increase on a fragile groundwater supply either through public water or domestic well water. RESOLUTION/ACTION: Goehringer, it was On motion by Member Tortora, seconded by Chairman RESOLVED, to DENY the Special Exception, for the reasons noted above. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Homing of Fishers Island was absent and exc~.~.) This Re.~,~on w~s duly adopted (4.0ofthememberspresent)). .~. ~ ~____~ ~~~. ,, ~ ~ERARD P. GOEHRINGER, CHAIRMAJl/ " Approved forFiling RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~.RK Town Clerk, Town of Southold _.t'fiAt;21A % ~ PIE'Fi 7 / Pi~P Al'dE.pEr..,- I-f~AY 9 1';)85 ! · DEPARTMENT OF pLANNING COUNTY OF SUFF~)LK ROBERT d. GAFFI~eY SUFFOLK COUN'FY EXECUTIVE STEPHEN M. JONES, AA.C.P. DIRECTOR Of PLANNINg June 22, 1998 Town of Southold Zoning Board of Appeals Applicant: Municipal File No.: S.C.P.D. File No.: Petikas, Theodore & Maria ~(I}26 & 4525 SE SD-98-02 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. CommeIlt: Appears inappropriate as premises could be reasonably developed for single family residence purposes. Very truly yours, Stephen M. Jones Director of Planning S/s~ Chief Planner GGN:cc Southold, N.Y. 11971 (516) 765-1938 October 29, 1986 Mr. Richard J. Cron Attorney at Law P.O. Box 953 Cutchogue, NY 11935 RE: Site Plan for Theodore and Maria Petikas Dear Mr. Cron: We are unable to process the above captioned proposal due to duplicate applications in our office. We have in our files a proposed site plan for Nicholas Petikas which is for the same premises as the proposal you submitted. Would you please advise our Board of those principles involved and any information that might be pertinent to the duplicate proposal filed in our office. Thank you for your cooperation. Very truly yours, Or , BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary FORM NO. TOWN OF BUILDING DEPARTMENT SOUI'HOLD, N. Y. NOTICE OF DISAPPROVAL · ~5. ~maZakaLia R~ad ................... . ~tituck~ ~ IQ~k.. i t~Z ............ PLEASE ~ NOTICE ~hat ~our application da~ed ...~9~. ~ ....... [9~ .... for pe~ic to erect a fence nocaclou of Proper~ ..~ ..... ~:~:.~ ...................... ~. .......... ~ouse No. S~reec County'Tax Map No. ~000 - Sectiom ..~ ....... B~ ..J ........ ~ .~ ........... Subdivision ............................... Filed Map Ne .......... ~C No ........ is r~ur~ed herewith a,d disapproved om ~he following grou,ds .~.~.~fY~f~ ~qq~ .~K~.~99~.~.feet i, heist. Under Article ~II, Secti~ ~23~, (Meight of fences, walls ~d be~s), fences s~all mot ~cee4 f~ (4) feet in Actio. required by Zomimg Board of Ap~als. RV 1/80 R£C£1VI='n OCT 2 7 1997 Town Clerk Southold TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No.~/~'~' Date Filed: ~ TO TttE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Maria & Theodore Petikas of 225 Stewart Ave. (Residence', House No. and Street) Bethpage, New York 11714 (Hamlet.S] p--%F6~,-T6-[6~6 Num6er ) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ART]CLE11IA , SECTION iO0-30A-2(B,)sUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Residential/Two-Family Dwelling 21,483 sq.ft, parcel located in R-40 C.R.48 "North Road" and Sound Road SCTM# 1000- 35-1-8 zone at corner of A. Statement of Ownership and Interest. Maria & Theodore Petikas property known and referred to as 1000- 35-1-8 is(are) the owner(s) of ~6--~i--~6~-e~- 48 & Sound Road (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 35 , Block i , Lot(s) ] , which is not (is) on a subdivision Map (Filed , "Map of __ "Filed Map No. , and has been approved by the South~ld Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on 1985 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The use of the property will continue to be residential and the house will externally appear like a single family residence. The property is accross from a restaurant (LB zoning) and RO zoning, with a busy intersection. C. The property which is the subject of this application is zoned r-40 [ ] is cQnsi~en~ with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [x] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: ~m.~S~9~ai~e~ la. tr~icia- ~ ~oo~ Sworn to before me this 2~ day of ~ ~ ' ZB2 (rev. 2/6/86) Not~bl~S~eotNewY~k No, 49~528 and as attorney DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricla C. Moore to the Southold Town Zoning Board of Appeals on behalf of the Maria & Theodore Petikas. 2. Patricia C. Moore is an attorney duly licemed in the State of New York practicing as a sole practitioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of the Petikas application before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: October 22, 1997 Willi~ D Moore QUESTIC~TA~RE A. Please disclose the n~mes of the owner(s) and any otller individuals (and entities) havinq a fins-nc!al i~_tere~n in the s~ject Pr~mises ~d a description cf ~e~ ~tar~sts: B.. ~s t~. e.subject premises Lis~e~-cn the real D. i. Are t-here an~ areas which cont~_i~ we~!=_ud grasses? NO 2. Are the wet!~nd areas shown on the mom ' '.~-~' ~e u~i~d b~ldi~g ~aa2 ~o 4. If y~ pr~pe~r conta~ we~!~s or cond ~as, have proposed ccns~--~c~on at or below five feet ~uve me~ level~ N, (If not a~p~c~le, state G. Do ~u have ~y c~t~c~on tak~q ~iac~ at this c= yc~ bui!~nq pe~it ~d~ap as approved bv ~e ~ui!dinq Depar~en~. If n~e, Please state. - parce!~ N~ If yes, uleasa e:~lain 'Where cr Sukmi~ af deeds.-- i. Please !is~ ~resent use or ~= ~ oPe--t-OhS ccnduc~e~ au this parcel VAcaNT 3/~7, LO/90!k (1-516) 765-1809 tel. OFFICE OF BOARD OF APPF2%:LS 53095 ~.in Road. Southold, NY 11971 (1-516) 765-1823 fax __ Variance from the Zoning Code, Article · Section Variance from Determination of Southold Town Building Inspector Special Exception, Article ~ , Section /po -~/J C/) __ Special Permit Appeal No: 4525SE Applicant: Theodore & Maria Petikas Location of-A~ted Land: 69435 C R 48, Greenport N.Y. 11944 County Tax Map Item No.: lO00- 35-1~8' Wi thin 500 feet of: ~' To~n or Village 8oundary Line Body of Water (BAY, Sound or Estuary) x State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a ~uclear Power Plant Within One Mile of an ~rport Comments: Applicant is requesting permission, to Two-Family Dwell±nR An nnnnnnfn~m(n~ :~C~. Copies of Town ?lle aha related ~ocuments enclose~ for your review. Dated: _-l~ ~ ~99B Albertson Realty 1146 Route 25, P.O. Box 2 Jamesport, New York 11947 Business (516) 722-4423 Fax (516) 722-4449 www.century2 lalbertson.com February 14, 1998 Mrs. Patricia C. Moore 315 Westphalia Road Mattituck, NY 11952 Re: Petikas - SCTM 1000-35-1-8 Route 25 & Rte. 48 Greenport, NY Dear Mrs. Moore: As per your request I inspected the above referenced parcel. It is a 21,000 */- sq. foot lot located in a R-40 residentially zoned area. It is situated at the junction of Route 25 and Route 48, with the East side of the lot bounded by Sound Road and opposite the parking lot of the former Porky's Restaurant. In my opinion, the lot has a value of from $40,000. to $45,000. under the current zoning classification. If I may be of any further service to you in this matter, please do not hesitate to contact me. Very trdly yours, Robert SCalia Lic. NY State Real Estate Broker Each Office is Independently Owned And Operated PATRICIA C. MOORE Attorney at Law 315 W~tphalia Road P.O. Box 483 Mattituck, N~v York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 February 25, 1998 Southold Town Zoning Board of Appeals Mr. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re:Petikas Special Use Permit Dear Chairman and Board of Appeals: The above referenced application was filed with the board on or about October 22, 1997. At your request, on or about November 17, 1997 I submitted to the building department a building permit application for the above referenced matter together with a single and separate title search. The single and separate search stated that the subject property was created in 1952 and was owned by Edward H. King. The building inspector, Gary Fish questioned why I would submit the building permit application for a denial since on a Special Permit application the Zoning Board has original jurisdiction pursuant to Town Law 274-b. Nevertheless the building department issued a denial of a building permit for the fence height on February 10, 1998. In the opinion of the building inspector, Gary Fish, since the subject property was created in 1952 (prior to zoning), is a legally created nonconforming lot, the principal building is required to conform to 100-244 (B). The proposed structure will conform to the setbacks in the bulk schedule of 100-244(B). Therefore no area variance is required other than for fence height. The two-family structure will be no different in size and use than a standard single family residence. The Building Department's position with regard to the issuance of a building permit application with Health Department approval is irrelevant to this application since the Special Exception use should be made directly to your board. If you have any questions, or request any additional documents please do not hesitate to contact me. Very truly yours, ~C. Moore cc: Mr. & Mrs. Petikas Gary Fish (1-516) 765-1809 tel. Inter-Office Ext. 223 OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-9064 fax. February 17, 1998 FAX TRANSMISSION and REGULAR MAIL Patricia C. Moore, Esq. 315 Westphalia Road Mattituck, NY 11952 Re: Appl. No. 4526.1t and 4547.jd - Petikas Applications Dear Mrs. Moore: Our department has recently received notification from the Building Inspector that a variance is required for fence height above four feet (ref. Notice of Disapproval issued Februar~ 10, 1998). With respect to the proposed dwelling, Mr. Forrester has also confirmed that the building department will not address applications for a new dwelling on a vacant lot when the application lacks Health Department and other approvals. He has indicated he would contact you regarding this. In the interim, the Board is expected to update their review of the application at our February 26, 1998, and determine the next step (possible hearing date for March 23, 1998). It is our understanding that two variances are now requested: one, under section 100-31A.3 for a lot size variance for a nonconforming lot in this R-40 Zone, and two, for fence height at 6 ft. from natural grade, along the front yard area property lines. Thank you. Very truly yours, Office of the ZBA cc: Mr. Ed Forrester, Department Head (Building Dept.) APPEALS BOARD MEMBERS Gerard P. Goei'a-inger, Chairman James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 20, 1997 Patricia C. Moore, Esq. 315 Westphalia Road Mattituck, NY 11952 Re: Applications of Theodore Petikas Dear Mrs. Moore: This will confirm that in checking with Gary Fish, Building Inspector, today their office has confirmed that you will need to make an application directly to them before a Notice of Disapproval reviewing the areas of zoning may be issued. Thank you. Very tru~y~F6~, ~ GERARUP, GOEHRINGER CHAIRMAN Enclosure Fax Transmission to 298-5664 cc: G. Fish, Building Inspector APPEALS BOARD NLEMBERS Gerard E Goe~inger, Chairman James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 3, 1997 Patricia C. Moore, Esq. Moore & Moore P.O. Box 483 Mattituck, NY 11952 Re: Appl. #4525 & 4526 - pen'kas Project at Greenport Dear Mrs. Moore: This will con_~rm that 'Board Members have requested that the applicants or their attorney make application to the Building Department and obtain a written determination by the Building Inspector confirming the areas in which zoning is not in conformity for this project. Upon receipt of the Building Inspector's determination, the file is expected to be deemed complete and by board resolution, calendared for a public hearing at the following meeting. Very truly yours, Linda Kowalskl cc: Building Department PLANNING BOARD M~EMBERS .~ ;' ~ENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, J~. RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: FROM: RE: DATE: Zoning Board Office Planning Board Request for comment December 29, 1997 Appl. #4525 & 4526 - T. Petikas Sound Road & Main/North Road, Greenport SCTM# 1000-35-1-8 This property is located at a busy intersection. The proposal is to increase intensity of use, and the level of traffic on this parcel which is undersized. From a traffic safety perspective, this is not a good idea. The house size does not show on the property card (attached). · Theodore fotikao oral Hlris Patlkns bio vJ~o~ both resldief~ st Z$! Steuart Avenue, Ilethpsfe, KY < mmmmm mmm m u m .mmmmmmmm~m~qmmmmm iI&~ll~ll SPAJrTAN IIOLD1NG C(N(PAN¥, n Florida Corl~rstioa, ~: bitb eficea at lelSO, laurel Dr. Ft. Lauderdole, f~orids. ~rtb of ~ Yilla~ er GT~rT,.T~.pf.~Id, ', of hrfolk, S~te or ~ Y.~,~ ~m ~lcrJ~d mt s Mit st the tu~ormoction of tho ~flherly ~;.i"~ "~~i"t'l'" ,.id .rib. ri, lin. of .rth .. ~th ,4 d.sr**, oecoodm Wemt J09.98 feet to m lb~m mlonfl~d or Krzyminski .and aloes la~ ef Sra~& ~rth ~ el~ sold lind or iro~i tva courieoz mit I~ krth 74 defrees SO m~utes ~ s~ But lO0 I~E ml~f said easterly line of So~d ~od bth Thio conveyauce is uldo ia tile efdhlory course 1~41rll ilOLIlll; c4~Fillr TIMEOBOll .nd 114:[ SOUTH~O~D ~''~ ' OF PROPERTY RECORD CARD SUB. LO?r A.Z,k. ' TYPE OF BUh. DING RES. -~ SEAS. VL. ~j J l FARM COMM. CB. ' MIS~.~_~Mkt. Value LAN D IMP. TOTAL ,DATE REMARKS ~ (' 0 .5'~ ~) ~ , , */~-~~-~ AGE BUILDING CONDITION ~- ~ ~0~2~2T~ N~ NORMAL BELOW ABOVE FAR~ Act* Volue ~er Voluo Tillable 3 Woodland Swampland t FRONTAGE ON WAT~ Brushland FRONTAGE ON ROAD Totol DOCK · COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezewoy 'Goroge Patio Total Foundation /Basem~en._~_t Ext. Walls Fire Place Type Roof Recreation )ormer Driveway Interior Finish Rooms 1st Floor 2nd Floo~ Dinette BR. FIN. B. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: ZONING APPEAL NO. o,525 DATE: OCTOBER 27, 1997 Transmitted is application for a Patricia Moore on Disclosure Form; Zoning Board of and Survey. SOUTHOLD TOWN BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK special behalf of THEODORE exception submitted by PETIKAS together with Appeals Questionnaire; Deed; Judith T. Terry' Southold Town Clerk Southold Town Board of Appeals MAIN RDAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JO<;EPH H. SAWlCKI AGENDA REGULAR MEETING THURSDAY, AUGUST 22, 1985 7:30 p.m. Meetin~ to Order Public Hearings: 7:30 p.m. Appeal No. 3391 HOWARD HOEY by S. Glickman, Esq. Variance for parcel having insufficient area and width located at the S/s Main Road, Orient. ~ 7:35 p.m. /Appeal No. 3384 ESTATE OF LELAND B. FRASER Variance r to convey 6,196± sq. ft. of land to Lot #12b and 9,300± sq. ft. of land to Lot #128, which will reduce the remaining parcel (consisting partly of Lots #126 and #127) to an area of 49,716 sq. ft. in area and lot width of 161.57± feet. Nassau Point Road, Cutchogue. 7:40 p.m. 7:45 p.m. Appeal No. 3358 - GEORGE AND ALICE GLOGG - Variance to construct addition, which excedds 50% of fair value of existing nonconforming building. 11255 Sound Ave, Matt. Appeal No. 3385 -'JOHN MITSINIKOS ~ND OTHERS. Variance to construct tennis court in frontyard area and fence in excess of four-feet in height. 7120 Nass Pt. Road Cutchogue (a/k/a 150 Bridge Lane). 7:50 p.m. Appeal No. 3386 ' NICHOLAS TSIRKAS - Variance to locate proposed dwelling with an insufficient setback from edge of bank along L.I. Sound. N/S Sound Avenue, Greenport. 7:55 p.m. Appeal No· 3388 - RAMELA J. SELLARS - Variance to con- struct attached garage with insufficient east sideyard setback and total sideyards. S/s Westview Dr, Mattituck. Agend.a - Page 2 B Regular Meeting - August 22, ~985 ~.Southold'Town Board of Appeals Resolution authorizing Secretary to advertise the following matters for public hearings to be held at the next Regular Meeting of THURSDAY, SEPTEMBER 12th (except as noted**): Ap. peal No. 3390 - RICHARD ALLEN. Reduction of rearyard setback. R~O-W off Indian Neck Lane, Peconic. Appeal Appeal Appeal Appeal ~/a~ ~ than one acre, No. 3393 ' BARBARA'SCHRIEVER. Use variance for woodworking shop, metal shop, art studio for painting and sculpturing, and apartment on second floor. W/s Tabor~Road. Orient. No.' 3387 - **ALICE HUSSIE. Tennis and recreational club by Special Exception in A-Zone. W/s Horton Lane, Sou%hold. (Await PB comments by adv. deadline). NO. 3394 STEPHEN EGGERS. Gazebo with insufficient setback from bluff area. Nassau Pt. Road, Cutchogue. No. 3379 **RUTH 'ENTERPRISES. Variance to construct multiple business com.plex (shopping center) on less insufficient sideyard setbacks and insufficient parkign. S/s C.R. 48, Peconic. (B-1 Zone). fApp~al No. 3389 -**NICHOLAS PETIKAS. To use premises for B-Light Zoning Use (presently 51+% A-Residential, 49+% B-Light). N/S C.R. 48 and W/s Sound Rd, Grnpt. J ~,~ /~ (Await PB comments) Appeal No. 3392-**PHILIP G. HORTON. (Await PB by adv. deadline, '~l_and up-tO'date survey shoving barn.) Proposed ~1~ ~division into two lotsj partly B-1 and A. S/s S.R. 25, ~ ~/ Peconic. Appeal No. 3383 - **PACIFICO-MALERBA. AWait reply and documenta- tion requested 7/19/85. Multiple variance. S/s Blue Marlin Drive, Arshamomaque, Southold. o Resolution declaring Environmental Declarations (SEQRA) of the following matters: on each ESTATE OF LELAND B. FRASER, Appeal No. 3384, Type II; (b) HOWARD HOEY, Appeal No. 3391, Type II; (c) GEORGE & ALICE GLOGG, Appeal No. 3358, Unlisted; (d) JOHN MITZINIKOS AND OTHERS, Appeal No. 3385, Unlisted; (e) NICHOLAS TSIRKAS, Appeal No. 3386, Unlisted; (f) PAMELA J. SELLARS, Appeal No. 3388, Type II. Agenda Page 3 Regular Meeting - August 22, 1985 Southold Town Board of Appeals Deliberations/Decisions Pending/Miscellaneous: (a) Appeal No. 3378 - MARK A. SQUIRES. Pool on vacant parcel. E/s Vanston Road, Cutchogue. (Hearing 8/8) (b) Appeal No. 3380 - GEORGE AND DORIS SULLIVAN. Accessory storage building in easterly sideyard area. Sandy Beach Road, Greenport. (Hearing ~8/8) (c) Appeal No, 3381 , OTTO ZAPF. Accessory building in frontT yard area. R-O-W o--~-~'~ain Road, Qrient. (Hearing 8/8) (d) Appeal No. 3377 - NICHOLAS'IPPOLITO. Lot area of two ¥~. parcels. Carole Road~ Sout~]d.~ (Hearing 8/8) Appeal No. 3348 - CHARLES P. SIMMONS. Insufficient lot width. N/s Sound Avenue, Mattituck. (Hearing 8/8) (f) Appeal No. 3363 - MARION R. AND JOHN KING. To enclose porch and use as real-estate office in c~njunction with existing residential uses. Main Road, Southold. (Hearing concluded 6/27). Update on Appeal No. 2760 - RICHARD ANDERSON. Report on recent improvements to right-of-waY at Wunneweta Road, Cutchogue, as per Appeal of.11/20/80. Update on Appeal No. 3294 - PETER AND MARGARET TROYANO. Pending improvements to right-of-way at N/S C.R. t48, Peconic. Report from Building Inspector, who is satisfied but R-O-W will require periodic inspections.for constant maintenance. Resolution approving Minutes of the following Meetings of the Southold Town Board Of Appeals: August 8, 1985 Regular Meeting; July 25, 1985 Special Meeting; July 18, 1985 Regular Meeting Pa. ge 4. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI .8. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 August 22, 1985 RESOLUTIONS GRANTING ONE ~EAR RENEWAL OF THE FOLLOWING SIGN PERMITS: Name: .,Nicholas Aliano, Beachcomber Motel Nicholas Aliano, Beachcomber Motel Beach%~od Cafe Cutchogue Post Office Pond Enterprises, Inc. Mattituck Lanes Doug Morris Greenport Shores Civic Assoc. John Nolan, Cutchogue Chamber of Commerce Geoff Proud, North Fork Lions Club Craig Richter Walter Teresko Donald & Lorna Tuthill Yennecott Park Property Owners Assoc. Permit Number: 1405 2384 1550 1152 2059 1002 1124 1134 1150 1150 1088 1173 D Southold, N.Y. 11971 (516) 765-1938 April 7, 1988 Frank Yakaboski 456 Griffing Avenue Riverhead, NY 11901 RE: Petikas Dear Mr. Yakaboski: As per your request here are all the minutes on the Petikas file. Also, a copy of required documents and procedures which does not enclude a formal application. There was never an application for site plans. Yours truly, ,, /tJ~,Jill ~'~ ' .../~c ~I~--- M. Thorp, ~ecretary for Bennett Orlowski,Jr. Chairman ZONING Town of Southald Bulk Schedule AA [Added 11-28-1995 by L.L. No. 23-1995; mnended 7-22-1997 by L~L. No. 22-1997] Lot Size (square Width Depth Date of Lot Creation feet) [feet) (feet) Prior to April 9, 1957 Any Any Any Between April 9, 1957, and December 1, 1971 A Residential Zone 12,500 100 Any B and B-1 Business Zone 7,500 50 Any B-2 Business Zone 40,000 50 Any Multiple-Residence Zone 12,500 100 Any C Industrial Zone 12,500 100 Any Between December 2, 1971, and June 30, 1983 A Residential Zone 40,000 135 175 M Light Multiple Residence 40,000 135 Any M-1 Multiple Residence 80,000 200 Any Zone B-Light Business Zone 20,000 60 Any B-1 General Business Zone 30,000 150 Any C-Light Industrial Zone 40,000 200 Any C-1 Heavy Industrial Zone 200,00 300 Any NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 14, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD O17 APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY~ MAY 14, 1998 at the time noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4565 Article XXIV, Section 100-244, STEVEN ZUHOSKI. Variance under based upon the Building Inspector's March 30, 1998 Notice of Disapproval for a proposed garage addition with an inguffioient side yard setback at property known as 1090 Gold Spur St~et, Cutehogue; 1000-95-4-18.12. 6:50 p.m. Appl. No. 4566 - FRANK BERTETTO. Variance under Article XXIV~ Section 100-244B, based upon the Building Inspectol'~S April 7~ 1998 Notice of Disapproval for an ~as' builtt~ garage addition. Penrlln~ bui]din~ permit No. 24632Z was issued 2/3/98. Location of property: 695 Shore D~ive~ Greenport; 1000-47-2-18. 6:55 p.m. Appl. No. 4564 - BAYVIEW/SOUTH HARBOR, L.P. Variance under Article III~ Section 100-33~ based upon the Februat~r 10, 1998 Notice of Disapproval issued by the Buildin~ Inspectors to locate a proposed accessory' garage in an R-80 Zone District in an area other Page 2 - Legal Hearings for May 14, 1998 Southold Town Board of Appeals than the required rear yard. Location of Property: Along the easterly Side of South Harbor Read (also exte~dlng near the end of Grange Road), Southold; 1000-75-4-22.6 (formerly parcel of 22.4). 7:00 p.m. Carryover Hearings from March 23, 1998: T. PETIKAS. Proposed two-family use on a 21,000+- sq. ft. parcel in this R-40 Residential Zone District. Location of Property: Corner of the Westerly Side of Sound Read and the Northeriy Side of North Read (C.R. 48) (a/k/a Northerly E~d of Main Street), Greenport; 1000-35-1-8, which requires approval from the Beard of Appeals for the foliowing: a) Spe~4a! Exception Application No. 4525 as provided by Article III-A, Section 100-30A.2 for a two-family use/occupancy; and b) Variance Application No. 4526 as provided under Section 100-31A.3 for the reason that the substandard lot size of 21,483 sq. ft. does not conform to the requirements for a two-family dwellin~ use in this R-40 Zone District; and e) fence in excess of four-ft, height limitation within or along frent yard areas, based upon the building inspector's February 10, 1998 Notice of Disapproval, Article XXIII, Section 100-231. 7:10 p.m. Appl. No. 4560 - ROBERT AND ANN SHANK. (Carryover hearing from April 16, 1998 for continuation). 820 Fisherman's Beach Read, Cutehogue; 1000-111-1-19.1. 7:25 p.m. Appl. No. 4547 RIVERHEAD BUILDING SUPPLY. This is a request for a variance based upon the Buildino~ January 2, 1998 Notice of Disapproval which reads as follows: Inspector's Hearings for May 14, 1998 Southold Town Board of Appeals "...1) the proposed structure being located in an LIO District is permitted to have a maximum of 60 feet of frontage on one street. The proposed building is approximately 115 feet facing Rt. 25, Article XIII, Section 100-133C; 2) When fences are located in or along side and rear yards, they shall not exceed 6-1!2 feet in height, pursuant to 100-231B .... ' Location of Property: 74610 and 74500 l~Ain Road, Greenport, NY; 1000-46-1-1 and 2.1, combined as a single lot. The Beard of Appeals will at said Nme and place hear any and all persons or representatives desiring to be heard in the above appHeations or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file is available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: April 20, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chair,~n by Linda Kowalski 7:10 p.m. Carryover Hearing from March 23, 1998: BUILDING SUPPLY CO. RIVERHEAD NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS MONDAY, MARCH 23, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, York 11971, on MONDAY, MARCH 23, as soon thereafter as possible): 53095 MAin Road, Southold, New 1998 at the time noted below (or 7:15 p.m. THEODORE and MARIA PETIKAS. This is a request for a two-family use at the corner of W/s Sound Road and N/s Main or North Road (C.R. 48), Greenport; 1000-35-1-8, which requires approval from the Board of Appeals for the following: a) 'Special Exception Application No. 4525 as provided by Article III-A, Section 100-30A.2 for a two-family use/occupancy; and b) Variance Application No. 4526 as provided under Section 100-31A.3 for the reason that the substandard lot size of 21,483 sq. ft. does not conform to the requirements for a two-family dwelling use in this R-40 Zone District; and Page 2 - Legal Notic Regular Meeting of March 23, 1998 Southold Town Board of Appeals c) fence in excess of four-ft, height limitation within or along front yard areas, based upon the building inspector's February 10, 1998 Notice of Disapproval, Article XXIII, Section 100-231. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file is available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: March 6, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman by Linda Kowalski NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD ° (516) 765-1809 PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 March 12, 1998 Southold Town Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski RE: Theodore and Maria Petikas Application Hearing Date: March 23, 1998 Dear Linda: Enclosed please find completed Affidavit of postmarked receipts from the post office and two receipt cards for the above referenced matter. Mailing with of the return Also enclosed is the completed Affidavit of Posting for this matter. 1~ yours, Patricia C. Moore PCM/mr Encls. BOARD OF APPEALS:TOWN OF SOUTIIOLD In the Matter of the Applicatioa of AFFIDAVIT OF ~ POSTING Theodore and Maria Petikas (Name of Applicants) COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moora, residing at Southold, NY New York, being duly sworn, depose and say that: 1) On the day of , 199 , I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, t.~t the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each name below certif[ed mil, return receipt requested (attach post office receipts here): Name of Surrounding Property Owner Mailing Address 2) On the 10th day of ,M,~rch, 1998 I personally posted the subject property identified as District 1000, Section 35 , Block 1 , Lot 8 , by placing the Town's offioi~! poster ten (10) feet, or closer, from the property line facing the street or faming the right-of-way, and that [ have checked to be sure the poster has remained in place for seven full days prior to the subject hearing date, which is March 23, 1998 Sworn to before me this 12th day of March, 1998 ~A~CARE~ C. R(f~OWSK~ **Pl~e ~ to the offics of the So~ of Ap~' when completed. (T~ Ra~l ~m ~ 8 - 4 p.m.) T~ you. BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of AFFIDAVIT OF MAILING Theodore and Maria Petikas (Name of App~c~nts) COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Margaret Rutkows~i~esidln~ at Mattituck, NY New York, being duly sworn, depose and say that: 1} On the 10th day of March , 1998 , I personally mailed, by certified mail~ return receipt requested~ a true copy of the attached Legal Notice, addressed to each of the following named persons at' the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each name below certified mail, return rsc~ipt requested {attach post office receipts here}: Name of Surreundin~ Property Owner Mmilln~ Address Jordon's Partners & Ano. 801 Motor Parkway, Hauppauge, NY 11788 Rj,ho.~ w e~'~.~* 1040 Homestead Way, Greenport, NY 11944 Sophie RadnOr -I~-~-~und Road, Greenport, NY 11944 Antonias & Ellen Natsoulis 15 Sound Road, Greenport~ NY 11944 2) On the day of , I personally posted the subject property identified as District 1000, Section , Block , Lot , by pL~nlng the Town's offi~ml poster ten (10) feet, or closer, from the property line facing the street or feting the ldght-of-way, and that I have checked to be sure the poster h~s remained in place for seven full days prior to the subject hearing date, which is ' . Sworn to before me this **Please r~urn to the office of ~he Board of A..vpeals when comp_feted. (Tc~rr~11 I~l~g ~ 8 -- 4 p.m.) TbsnkyOu. Z 286 ~04 US Postal Sewice ~ Receipt for Ce~i~il~l Mail No Insurance Coverage Provided. Io not use for Intemational Mail (See reverse,) Sent to Richard W. Sledje~k~ 1040 Homestead Way Post Office, State, & ZIP Code Greenoort. N~ 11944 ~erdfied Fee 1.35 ~tum Fb)::elpt Showing~nato Jto W-nom & Date Delivem~I 1 · 10 ~s: o cc ep · es.mAe; eqt. uo peteldmoo ~'=d'j~'~'-~'(~ ;noA si _ SOUTHOLD TOWN BOARD OF APPEALS MONDAY, - MARCH 23 1998 NOTICE IS HEREBY lIVEN, pursuant to Section 267 ,f the Town Law and the Code ~f the Town of Southold, the bllowing applications will be teld for public hearing by the ;OUTHOLD TOWN BOARD )F APPEALS, at the Southold {'own Hall, 53095 Main Road, ;outhold, New York 11971, on vIONDAY, MARCH 23, 1998 tt ~he times noted below (or as ;oon thereafter as possible): 6:35 p.m. ,Appl. ~No. 4550-n~ ?~UTH I~ILEEI], Tills is a re/' tuest for liVaiiance bbeed upon :he Bui ding Insp, e, ctor's J/muary Z6, 1998 Notice'0f Disapprova~ :o locat~ a pr°g°Sed dWelling ad- :lition with reduction in total side yin'ds. Location' of Property: 5400 Indian Neck Road, Pecoaic; County Parcel 1000-86- 7-2.2. ' - ' , 6:40 p.m. Appl. No. 4549- CAROL and ANTHONY LOSQUADRO'{ :;I~,.i 'AND DONALI~ TuTHILL.: Var~- ~li~ation. tO erect a corral ~o~n e~xisting Notice of Diseppmval which reads "...horsee. shall not be housed within forty (40) feet any lot line;~Article III, Section~ 100-3 IC(8);-and Notice of Dis: approval dated February 18, 1998, Article III,: Seeti0n 100- 31A2(b), tha. t,'~e y~ pwperty located 19 a ~ei~.B~i~esa (B) di~ct~'~uii~ l0 ~i~oimore for keeping 9fhorsas, Article II1, Section 100-31Ar2(b),.." (Also re£ Sections 100~I01A-1 and 100- I 01C.) AppliCants are pro- posing corral location, including existing b~rn, for ~p to two horses as an accessory to residenc~ofL-'aro! ~. d~6ny Losqua~lro! l~.dat,~d a~ '~855 Boissean Av~hae~ Southold. NY: parcel 1000-53-5-12.1, A portion of lh~' ~iur~al/fen¢i~g would extCt~ff oi/{o.~a 1~rtlon of vacant property' of Donald/. Tuthill, k~o~as3125 Bois~ad Avenue, Southold, .1000-55:5- 12.2, ' '; ~'; : '~ ' 3 6:45 p..m,, Appl. N0,455 - CHES~K6m.OWS~a. Th~ iS i a _/mee based upon the Baildipg,~nspector's February 20, 1998 Notice of Dis- *e proposed swith taining a nonconforming Use, Article XXIV; Seetion 100- 241A. 35315 Main' Road, Cutchogu~; 1000~9% 1-14. 6:50 p.~. 'A~l. No. 4552- GEORGE LIVANO$. ,This is a request for a:,Varian~ upon the ,B,,~ildinl Inspactor~s February, l t~;' 1~98,. Notice Disappwvhl, Article mA,' Sec- tion 100-30A;4, for a reduction in the prop~i6d~side~yard setback at a comer portion of proposed aoces~ory building (garage). Lot SizeandZone:750.0~ fi. R- 40 Zone District, Location of Property: 555 Sound Beach Drive, Mattituck; also known as Estate; 1000-9~- 1-23. 6:55 p.m~pl. No. 4068- ELEANORn~IEVERNICH. This is a carryover hearing re- garding a request for va4ance(s) in this pending division project (proposed two lots), Article XXIII, Section 100-239 and ~icle III, Section 100-32, as to. total lot size in this R-80 Zone,/~ District. Location of Property: 3200 Cox Neck Road, Mattituek; 1000-113-8-5 containing 163, 997 sq. ft. 7:00 p.m. Appl. No. 4551- KAYLA B STOTSKY. This is a request for a Variance based upon. thc building inspector's February 9, 1998 Notice of Dis- approval, A~iele XXIII, Section 100--231 -A, Applicant is propos: ins a fence at a height in excess of four feet along the front yard area (dght-ofrway/propaW line) at 335 Qsprey Nest Road. Greenp0rt [000-35:6-33; alsb known as. Lot ~6, Segfipn 1, MgP of Cleaves Point. 7:05 p.m. 'Appl, No. 4548- JEFFREY WORTHINGTON. This is a request for fi variance based upon the":buddrug inspector's January'20, 1~98 Notice of Digap@wval~ to eon- struet ~n accasso~Y b~ildlng (g~r r~ge)'on tl~ .as built" .~otmdaz ti$n, which is located in g sid~ yard area, Article IIL-A, Section 100,33. Locatton of Property; 1025 Long 'Creek Drive, Southold; 1000-55-3-28: also known as Lot 12; Map of Yennecott Park. 7:15 p.m. THEODORE and request for a t~o~family use 'at the corner, of w/s Sound Road and n/s Main or North Road (C.R. 48), Greenpon; 1000-35-~ 1-8, which requires, approval fwm the Board of Appeals fo?/' the foll0wing: a) Sp~cml ExcepOor/~ppl.-: cation No. 452~. as pr~¥}de~.b~' Article Ill-A, Sectiqn 100-30A.2 for a~lwo-family use/occupancy; and , b) Variance ApplicationNo, 4526~as pwvided under Section 100-31A:~ foethe reason~hat the sub/tandiml lot £tte of.2t,483 sq. fl. do~ ~lbt 3bnf6rm [0 ~he re- qu ir era~eil~fs foi' dwellini'use 0 gne Districg and heighUimith$iox3~vithin, o~: along front,~ard·ar~s~ o~ed'upon the building_'~lg?Ods February 10, ! qoR_h/bfie~-8f Disappr~vai~ ~b ticle XXII1, Section 100-231 7:40 p.in~ Appl. N~. RIVERHEAD BUILDING supP~. ~his i~ a ~q~t f~ ~ variance based upo? ~h6 B6ild- ins lusp~c~ur'a ~an~ ~, 1~98 read, as follo~?~: posed structgte b~ing located in an LIO Dis~ct is pemaitted to have a 'max/mum of 60'~-~t of frontage on'one streeti The pro-: posgd building is approximately 115 feet 'facing Rt. 25, Article XIH, Section 100-133C; 2) When fences are 'located in or along s!de/md rear yards,, they shall not exceed 6~A feet in height, pursuant to 100-231B...", COUNTY OF~FFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- rice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for / ......... · .............................................................. weeks successively, commencing on the ....../.....~.......'.'~- day o~ .......................... ~ ........ ,. ........ · r~ Sworn to before me this ...... ../....~.. ............ :day of ...................... ............................... 9.2..e. Notary Public ' BARBARA k SCHNEIDER NOTARY PUBUC, State of New York No. 4806846 Qualified in Sull°lk C°~I~//9,~ Commission Expires Location °f pr°peCo':'74~6.10 and 74500 Main Roa~ NY; 1~6-1-1 ~d23, com-' bm~ m a s~lc o~ ~e ~ of Ap~ls will at. said time ~d pl~e h~ ~y ~d all persons or represen~tiv~ des~g to ~.h~, applicafiom or d~i~g'to su~. mit ~ ~m~m ~fo~ end of ~h h~n$~ ~e hemr Mg will not i~at~. ~e file is a~ble for review dung TO~ H~I busi- ness horn (8.4 p.m.) If you Mve questions~ ~eme do nol hisim~ ~ ~176511809.. Dat~: M~h6, BY ~ER OF T~ SO.HOLD TO~. ' ,~A~ OF APPEALS OE~ P./ GOEH~GE~ C~i~ By: Lin~ Kowals~ 0 (?,bid ~ ~'4~& 4566- Pending building p~mit No. 24632Z~was issued 2/3/98..Lo- cation.6f Property: 695- Shore Drive; Oree~port; 1000-47-2- .B~'~'~ EW/S O UT I"~,HAR- ~c-~tion 40Q-33~ based upon the ~elmuu7 ~0,A ~98 N? ti~ of~ issued, by me Budding:Imp~tor,.to locates l~.;g0Zune. Distriot~in an area Loc~ion of Prol~rtyLAlong the Easterly. Side of Suntli Harbor Road (also extending near the end o f Cn'ange Road)~ Southold; 10000-75-4-22.6 (fom~rly par- eel~f22.4)...; : .t?-. 7.00 p.m. Cun-yov~t H~ings from Maroh 23, 1998:.,:,~:~"~ ~ f~y usu un a 21,000+- sq. it. paroeLin this R-40 R~idential Zon~ DisU'ioC Locationof Prop- erty: Coroer of the Westerly Side of Sound Road. and the Northerly Side of North Road (C.IL 48'F(a/k/a Northarly End of Main Street), Greenport; 1000-35,1-8, which requit~ ap- proval for the Bo.ard ~fAppeals for th~ following: , ,,, · , a) Special,Exception Applica- tion. No~4525 as provided by Arti¢le~,Itl~A~ Section-100- 30A.2 fora two,family us~/oe- cupaney;:and ~ . · :' :,,/. , -- b) Variance Applicaiiorr No. 4526 as tnovided under, Scbtion 100-3 lA.3 for the reason that the ~substandard lot size of 21,483 sq. it. does not conform to,the dre~wUirements for 'a two-family eiling use in this R-40 Zone ¢)tfence.in excess of four-it. height limitation within oralong fxont yard areas, based upon the Btiilding Inspector's February 10~99g Notacex~f Disapproval, ArtieleXXliI~ Section 100-:231. . 7:10 p.m. Appl. No~4560-. ROBI31~T, ANII, AaNN SHANK. (Canyoyer~ hearing?omc. April 16,'.!99~ f0~ ~ontindati,on): 820 F i sliet/mi/n~r~ ~ B c41e h fid'ad, Cutchogue;~lUO0~[II- 1-1,9. L. 'RIV£1~HE~I:I ~BUII:)DING SUPPLY:: This is arequest for s . _vgo~n~_ :based ~on the Build- =-~*~21~ 998 Notice';of.' DiSapproval ,wb~ieh b~higlocatedin an LIO D!strlct l:~tCl.!l)aWh~h~f-~ at~ 16- cat~t ia~i,'alo,?i~tid~. ,6ia i~ar f~-"t tn'hag!lg~_t ~ 100- the 23 t]~..<.'~, I~i~l{m ~f~ Pr01~riy: 74610dmd:~74500 M~iu~! Road, Or~eupd~NY; 1000-46.-1.-] Rdad, aridlY.; [, ~mubfifi~:d as'a~Shm~le lot. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ........................................... . ......................... weeks successively, coj~nmen~cing on the ~.......~.. ...... Sworn to before me .this ......... ..?....~.. ....... ;day of ...................... .......................... Notary Public ,. BARBARA/L SCHNEIDER NOTARY PUBUC, State of New York No. 480684~ Qualified in SutfolkCouJ,ty / Commiaion Expires October 24,1997 PATRICIA C. MOORE Attorney at Lew 315 We~phalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 lvSaxga~t Rutlcowski Zoning Board of Appeals Southold Town Hall Main Road, Southold NY 11971 Re: comer lot at Rt. 48 & Sound Road SCTM #1000-35-1-8 Dear Chairman Goehringer; Enclosed please find an application for Special Exception to construct two-family residence in R-40 Zoning Use District and Area Variance from 40.000 sq.ff. Lot size. Also enclosed are the following: 1. Original Survey of lot and a copy with the proposed footprint of the 2-family house, accessory garage. 2. In addition to the Special Exception my clients wish to locate a 6 foot high fence along the North Road setback 5 feet fi.om the property line for privacy, the fence will he located at less than the required 40 foot front yard setback. Access to the property will be offof Sound Road. 4. 5. 6. 7. Applicant Transactional Disclosure Form Authorization from client Environmental assessment form ZBA Questionnaire Copy of clients deed 8. Disclosure signed by William D. Moore 9. Checks in the amount of ~400 for the Special Exception and $200 check for ~rea and fence heist variance. ffthere is anything else you need please do not hesitate to contact me. Very truly yours, ~ Moore APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 INTER-DEPARTMENTAL MEMORANDUM FROM: DATE: SUBJECT: {x} { } { } Planning Board Building Department Town Trustees J. Goehringer, Chairman, Board of Appeals February 23, 1998 Request for Confirmation of PB Action History and Preliminary Comments Please confirm whether there is any history of action(s) by the Planning Board for the property identified below, or any part thereof-. 1000-78-7-38 and 39 currently of R. Leonard 1000-110-6-11.2 and 5 currently of M. Spiro and others 1000-70-2-8- currently of T. McCarthy 1000-35-1-8' currently of T. Petikas 1000-61-3-23' currently of Tonyes Realty Corp. Also, please furnish communications of record that applicants* may have had with respect to the general site plan layout and possible changes to parking location discussed or any other areas which would assist in this planning project. Thank you. Enclosures: Copies of preliminary maps for the above applicants*. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 May 4, 1998 Patricia C. Moore, Esq. Moore & Moore P.O. Box 483 Mat~tuck, NY 11952 Re: Applications (Petikas) Dear Mrs. Moore: This is just a reminder that the Beard has not received the Memorandum requested at the March 23, 1998 hearing which outlines your legal opinion and basis of law. The hearing was expected to be finalized on May 14, 1998, with possible member questions following review of your Memorandum. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Beard Members APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 May 27, 1998 Patricia C. Moo~e, Esq. Moore & Moore 51020 Main Road Southold, NY 11971 Re: Applications for Vax~anees and Speoial Exception Pa~eel 1000-35-1-8 (Owners: Petikaa) Dear Mrs. Moore: Following our communications with you, we enclose copies of the Board's May 19, 1998 Determinations regardin~ the above appHoations. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN F.n~losures Copies of Decisions to: Buildin~ Department plnnnln~ Board Suffolk County plnnnin~ Commission (within 500 ft. of a oounty/state road) ...... I · _1 © COUNTY OF SUI'TOLK