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APPEALS BOARD MEMBERS ~O~~gUFFO(~ coG Southold Town Hall
Gerard P. Goehringer, Chairman y~ 53095 Main Road
Serge Doyen y x P.O. Box 1179
James Dinizio, Jr. O .le Southold, New York 11971
Robert A. Villa y?J O` Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: September 19, 1996 APPL. #4416.
APPLICANT: NANCY BUTKUS.
LOCATION OF PROPERTY: 3855 Mill Road, Mattituck.
COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 4, LOT 3.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated August 28, 1996.
PROVISIONS APPEALED FROM: Article III, Section 100-33.
RELIEF REQUESTED: Proposed swimmingpool in a yard technically
defined by the zoning code set back, from the fence enclosure 30 feet,
and the pool 35+- feet from the front line along Mill Lane, and not
closer than 80+- feet to the northerly property line (n/f Wolf Pit
Associates), Mattituck. The proposed fence enclosed shall be at four
ft. height per codes. The size of the requested pool is 16 ft. by
32 ft. and is to be situated close to the northeasterly corner of the
existing dwelling.
MOTION MADE BY: G. Goehringer, SECONDED BY L. Tortora.
ACTION/ RESOLUTION ADOPTED: Location of proposed fence
enclosure, shown at 30 ft. from Mill Lane, and accessory pool location
as shown on sketch submitted with the application, GRANTED as
applied.
REASONS /FINDINGS: Requested location is not unreasonable since it
will be placed in the yard area which would be for many parcels fronting
only on one street to be a rear yard. This property has a very small
area permitted, and is virtually unusable for accessory buildings or
uses of this nature, therefore is not available as an alternative. Any
location would require a variance.
VOTE. OF THE BOARD: Ayes: Serge J. Doyen, Member
Robert A. Villa, Member
James Dinizio, Jr., Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman
This resolution was unanimously adopt,3GERA D P. GO IN ER, CHA MAN
RECEIVED AND FILED BY
THE SOUTHOLD TOWiv - ILERK
DATE #6 HOUR g ! Sd
Town Clerk sown ±L :d
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
® .z
Serge Doyen P.O. Box 1179
James Dinizio, Jr. p Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Code of the Town of Southold, the following applications will be
held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS,
at the Southold Town Hail, 53095 :Main Road, Southold, New York 11971, on
THURSDAY, SEPTEMBER 19, 1996, commencing at the times specified below:
7:15 p.m. Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. Hearing
carryover .
7:20 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Hearing
carryover .
7:30 p.m. Appl. No. 4402 - BARBARA KELLY. Hearing carryover
7:33 p.m. Appl. No. 4415 - THOMAS BALL. Based upon an August 21,
1996 Notice of Disapproval issued by the Building Inspector, applicant is
requesting a variance under Article XXIII, Section 100-239.4B to locate a
deck addition within 75 feet of bulkhead, at 1890 (w/s) Arshamomaque
Avenue, Southold, NY; County Parcel ID No. 1000-66-2-46, also referred to
as Lot 4 on the "Map of BeiXedon Estates," Block 7, filed 1946 with the
Suffolk County Clerk. This parcel contains a nonconforming lot area of
21,071 sq. ft. and has a nonconforming setback from the new bulkhead, as
E)Nists.
7:37 p.m. Appl. No. 4411 - eJONATHAN and MARGARET STERN. Based
upon a June 19, 1996 Notice of Disapproval, applicant is requesting a
Page 2 - Legal Notice
Regular Meeting of September 19, 1996
Southold Town Board of Appeals
variance under Article IIi, Section 100-33 to locate an accessory swimming
pool with fence enclosure, all located in the front yard area on this corner
lot. Setbacks are established in a front yard area on non-waterfront
parcels only by the Board of Appeals, if allowed by variance. Location of
Property: Situate along Birds Eye Road a private road off the north side of
the Main Road, and situate along the southerly side of another private
right-of-way, Orient, NY; County Tax Map Parcel #1000-17-2-1.13 ('known as
Lot 2 and part of 5, Stern's Subdivision Map (10/1/93).
7:40 p.m. Appl. No. 4414 - DONNA IGLESIAS WEXLER. Based upon an
August 21, 1996 Notice of Disapproval issued by the Building Inspector,
applicant is requesting variances under the Bulk Area Schedule, Article
IIIA, Section 100-30A.3 for approval of Lots 1 and 2, as proposed, each
with insufficient-lot width to the new division line and insufficient side
yard setbacks from existing dwellings. Each lot is proposed to contain a
minimum of 40,000 sq. ft. as required in this R-40 Residential Zone
District. Location of Property: 8335 Main Road (Route 25), East Marion,
NY; County Parcel ID #1000-31-2-32.1.
7:45 p.m. Appl. No. 4413 - EVA MULLINS. Based upon the August 13,
1996 Notice of Disapproval issued by the Building inspector, applicant is
requesting a waiver under Article II, Section 100-26 for a single parcel
with a combined lot area of 31,250+- sf. The basis of the Disapprovai is
that This land area, identified as 1000-77-3-5, 6 & 7, was created by deeds
prior to 1983, however, some time after 1983 this land has been, and is, in
common ownership with an adjoining 40,500+- square ft. area identified as
1000-77-3-15. Location of Subject Property: East Side of Pine Avenue and
Page 3 - Legal Notice
Regular Meeting of September 19, 1996
Southold Town Board of Appeals
Westerly side of private right-of-way at Goose Bay Estates, Southold, NY;
Zone District: R-40 Residential.
7:50 p.m. Appl. No. 4416 - NANCY E. BUTKUS. Based upon an
August 28, 1996 Notice of Disapproval issued by the Building Inspector,
applicant is requesting a variance under Article III, Section 100-33 to
locale an accessory swimming pool with fence enclosure in an area other than
the required rear yard at 3855 Mill Lane near Wolf Pit Lake, Mattituck, NY;
County Parcel ID #1000-107-4-3.
7:55 p.m. Appl. No. 4418 FLORENCE PAVLAK. Based upon an
August 27, 1996 Notice of Disapproval issued by the Building Inspector,
applicant is requesting a Waiver under Article II; Section 100-26 for a
parcel containing a total lot area of 25,000+- sq. ft. The basis of the
Disapproval is although this lot was approved by subdivision of the Town
Planning Board March 11, 1970, that, between July 1, 1983 and April la,
1985, this lot, identified as 1000-107-1-5.2 was held in common ownership
with an adjoining lot, identified as 1000-107-1-5.1.
Street Address: 3755 Grand Avenue, Mattituck, NY.
8:00 p.m. Appl. No. 4418 RAYMOND REALTY CORP./MICHAEL'S PONTIAC-
CADILLAC OLDS. Based upon the June 16, 1996 Notice of Disapproval
issued bV the Building ir:spector, applicant is proposing to remove the
existing ground sign and in lied thereof, is requesting a variance under
Article XX, Sections 100-2051)(7) and 100-206-B for the placement of a new
ground sign which will exceed 24 sq. Lt. in area, and be internally
illuminated. Location of Property: 42155 Route 25 (Main, Road), Peconic,
NY; Cmmty Tam Map Parcel ID 4'1000-75-1-14..
Page 4 - Legal Notice
Regular Meeting of September 19, 1996
Southold Town Board of Appeals
8:10 p.m. Appl. No. 4412 ROBERT HOLLEY. Based upon a July 24, 1996
Notice of Disapproval issued by the Building Inspector, applicant is
requesting a variance under Article IIIA, Section 100-30A.3 (100-244B) to
locate proposed addition with a front yard setback at less than the required
40 feet, at 1085 Bay Shore Road, Peconic Bay Estates, Greenport, NY;
County Parcel ID 01000-53-3-13.
8:15 p.m. Appl. No. 4419 - WILLIAM A. HANDS, JR. Based upon a
Notice of Disapproval issued by the Building Inspector dated August 29,
1996, applicant is requesting: (a) under Article XXIV, Section 100-244B,
and Article XXIII, Section 100-239.4B, variances for reduced setbacks in the
front yard, northerly side yard, total of both sides, and setback from
bulkhead for proposed new dwelling, and (b) a waiver under Article Ii,
Section 100-26 for this lot consisting of 22,500+- sf. as created by deeds
subdivision and 1983 deed. Location of property: 960 Willow Terrace Lane,
Orient, NY, also known as Lot #2 on the Map of Willow Terrace, Section 1;
CTM ;#1000-26-2-21.
8:20 p.m. Appl. No. 4420 - LINDA FESSMAN as TRUSTEE. Based upon a
Notice of Disapproval issued by the Building Inspector August 28, 1996,
applicant is requesting a Waiver under Article II, Section 100-26 concerning
this parcel of 26,500+- sf, identified as CTM #1000-115-6-1, which has been
held in common ownership with another lot, CTM #1000-115-6-2, after July _ 1,
1983. This property is located at the corner of the Main Road (#18400) and
Cardinal Drive, Mattituck Estates Filed Map, Lot #5, at Mattituck, Town of
Southold, CTM #1000-115-6-1.
8:25 p.m. Appl. No. 4397 - ALLEN W. OVSIANIB. Hearing carryover .
Page 5 - Legal Notice
Regular Meeting of September 19, 1996
Southold Town Board of Appeals
The Board of Appeals will at said time and place hear any and all
persons or representatives desiring to be heard in the above applications.
Written comments may also be submitted prior to the conclusion of the
subject hearing. The above hearings will not start before the times
designated, and some may be carryover hearings. The files may be
reviewed before 3:45 p.m. the scheduled date of the hearing for updates or
new information. If you have questions, please do not hesitate to call
r6:5-1809.
Dated: September 9, 1996. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, Chairman
By Linda Kowalski
x
' v sr;,$ SIB
POnM NO.3
0
a
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL ~J
Date/_ -
Toz~
-
PLEASE TAKE NOTICE that your application dated !/?~T~r!... o?..; 19
for permit to i.C?. at
Location of Property
House No. Street Hamlet
County "I"ax Map No. 1000 Section ..~d~...... Block Lot .
Subdivision Filed Map No. , . Lot No.
is returned herewith and disapproved oiltile following grounds .
14
dir. Inspector
1<V 1/80
AUG 91 ,
TM Clark ftil
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. `7 ~S-
DATE ~~1.1.-~...
TO THE ZONING BOARD OF APPEALyS~, TO96!.D1 WN OF SOUUTTH~OLD, N. Y.
1, (We) (!r{Jr" -1.:...a.Laxia.... /a ~..5. d... ..?.:.8......~~('Z%.'.~~
¢Name of Appellant Str~eo/t~and Number
1.L1..L.LAX .......~Y....` .........HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. DATED
WHEREBY THE BUILDING INSPECTOR DENIED TO
7V.04/C
Nome of Applicant for permit
of
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
)/J~Gl~yr c j2D % uC L e7 S'r.. r />r ot^ „tom e r_
1.. LOCATION OF THE PROPERTY ..G. ' Zl.... 'I/
Street /Hamlet / Use District on Zoning Map
District 1000 Section/or7Block gLot 3
...__.Current Owner s?~ /{e.eI
Mop No. Lot No. Prior Owner
2. PROVISION (5) 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 Section
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
&A A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (ha ) (has not) been made with respect to this decision
of the Building Inspector or with respect is property.
Such appeal was ( ) request for pecial permit
( ) reques or a variance
and was mode in A of No .................................Dated
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
is requested for the reason that P~~- ~t~t/?<R.. r.LJ/ 777".
yRaa S > ~G g~ Joz~s )Az-- 4-6 c_ 9-rQW sj0V ~ 11 y~v~
Form zttt (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP. because tAncv &.0&%S&-. 7V 19100& v
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 r/.v ,P1 G^
Y*w
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because "1!~_
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STATE OF NEW YORK ) I/" 4
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COUNTY OF Sin ture
Sworn to this Q day of.......... 44. 6y% 1981
. . . Notary Public
ROBERT 1. COTT JR.
NOTARY PU IC, State of N.Y.
No. 47250 . Suffoik Cou
Term Expires May 31, 19Z
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APPEALS BOARD MEMBERS ~O~Q$UfF~(~ `+OG Southold Town Hall
~
Gerard P. Goehringer, Chairman '~A 53095 Main Road
o .s
Serge Doyen v°+ x P.O. Box 1179
James Dinizio, Jr. O .F Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
September 30, 1996
Mr. Norman Reilly
A. Reilly & Sons
P.O. Box 98
Mattituck, NY 11952
Re: Appl. #4416 - Variance (N. Butkus)
Dear Mr. Reilly:
Please find attached a copy of the Board's findings and determination
regarding the above application. We have furnished a copy of this
determination to the Building Department as an update to the initial Notice
of Disapproval. It may be necessary to contact their office (765-1802) and
submit whatever other documents and fee is required to reactivate the
permit application.for final processing.
If you have any questions, please do not hesitate to call me.
Very truly yours,
Linda Kowalski
Enclosure
Copy of Decision to:
Building Department
• 0
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: September 19, 1996 APPL. #4416.
APPLICANT: NANCY BUTKUS.
LOCATION OF PROPERTY: 3855 Mill Road, Mattituck.
COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 4, LOT 3.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated August 28, 1996.
PROVISIONS APPEALED FROM: Article III, Section 100-33.
RELIEF REQUESTED: Proposed swimmingpool in a yard technically
defined by the zoning code set back, from the fence enclosure 30 feet,
and the pool 35+- feet from the front line along Mill Lane, and not
closer than 80+- feet to the northerly property line (n/f Wolf Pit
Associates), Mattituck. The proposed fence enclosed shall be at four
ft. height per codes. The size of the requested pool is 16 ft. by
32 ft. and is to be situated close to the northeasterly corner of the
existing dwelling.
MOTION MADE BY: G. Goehringer, SECONDED BY L. Tortora.
ACTION/ RESOLUTION ADOPTED: Location of proposed fence
enclosure, shown at 30 ft. from Mill Lane, and accessory pool location
as shown on sketch submitted with the application, GRANTED as
applied.
REASONS/FINDINGS: Requested location is not unreasonable since it
will be placed in the yard area which would be for many parcels fronting
only on one street to be a rear yard. This property has a very small
area permitted, and is virtually unusable for accessory buildings or
uses of this nature, therefore is not available as an alternative. Any
location would require a variance.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
Robert A. Villa, Member
James Dinizio, Jr., Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman
This resolution was unanimously adopted 5-0.
~ C,cAj ~
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DATE: September 19, 1996
TO: Mr. Gerard Goehringer, Chairman
Southold Town Zoning Board of Appeals
FROM: Norman Reilly/ Representing Nancy Butkus
REF: Additional information concerning this variance for the swimming pool to
be located in the front yard.
Our original request for this variance requested s 35' set-back from the east
property line on Mill Lane. In doing some additional site planning subsequent to
our turning in the required paperwork to this board, we have located an add-
itional cesspool to the East of the residence on the Mill Lane side of the house.
Due to this fact, and the additional expense and hardship moving this cesspool
would cause the homeowner, we are requesting additional consideration that the
pool setback from the East property line be changed to 30' instead of 35' as
originally requested. The house located across the street on the East side of Mill
lane is located just 20' from the property line. The location of the pool as
originally stated is completely buffeted by 4 - 5' high hedge. We would also
like to state that all three of the adjoining property owners have been contacted
not only by certified mail, but personally by the owners and there is absolutely no
opposition to this project.
Thank You for your consideration in this matter.
DATE: September 19, 1996
TO: Mr. Gerard Goehringer, Chairman
Southold Town Zoning Board of Appeals
FROM: Norman Reilly/ Representing Nancy Butkus
REF: Additional information concerning this variance for the swimming pool to
be located in the front yard.
Our original request for this variance requested s 35' set-back from the east
property line on Mill Lane. In doing some additional site planning subsequent to
our turning in the required paperwork to this board, we have located an add-
itional cesspool to the East of the residence on the Mill Lane side of the house.
Due to this fact, and the additional expense and hardship moving this cesspool
would cause the homeowner, we are requesting additional consideration that the
pool setback from the East property line be changed to 30' instead of 35' as
originally requested. The house located across the street on the East side of Mill
lane is located just 20' from the property line. The location of the pool as
originally stated is completely buffeted by 4 - 5' high hedge. We would also
like to state that all three of the adjoining property owners have been contacted
not only by certified mail, but personally by the owners and there is absolutely no
opposition to this project.
Thank You for your consideration in this matter.
APPEALS BOARD MEMBERS gUFFOJ4,COG Southold Town Hall
Gerard P. Goehringer, Chairman y< 53095 Main Road
Serge Doyen v°a = P.O. Box 1179
James Dinizio, Jr. O .F Southold, New York 11971
Robert A. Villa y~1J O~ Fax (516) 765-1823
Lydia A. Tortora O! ~a Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: September 19, 1996 APPL. #4416.
APPLICANT: NANCY BUTKUS.
LOCATION OF PROPERTY: 3855 Mill Road, Mattituck.
COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 4, LOT 3.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated August 28, 1996.
PROVISIONS APPEALED FROM: Article III, Section 100-33.
RELIEF REQUESTED: Proposed swimmingpool in a yard technically
defined by the zoning code set back, from the fence enclosure 30 feet,
and the pool 35+- feet from the front line along Mill Lane, and not
closer than 80+- feet to the northerly property line (n/f Wolf Pit
Associates), Mattituck. The proposed fence enclosed shall be at four
ft. height per codes. The size of the requested pool is 16 ft. by
32 ft. and is to be situated close to the northeasterly corner of the
existing dwelling.
MOTION MADE BY: G. Goehringer, SECONDED BY L. Tortora.
ACTION/ RESOLUTION ADOPTED: Location of proposed fence
enclosure, shown at 30 ft. from Mill Lane, and accessory pool location
as shown on sketch submitted with the application, GRANTED as
applied.
REASONS/ FINDINGS: Requested location is not unreasonable since it
will be placed in the yard area which would be for many parcels fronting
only on one street to be a rear yard. This property has a very small
area permitted, and is virtually unusable for accessory buildings or
uses of this nature, therefore is not available as an alternative. Any
location would require a variance.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
Robert A. Villa, Member
James Dinizio, Jr., Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman
This resolution Was unanimously adopted.
GERARD P. GOEHRINGER, CHAT MAN
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE HOUR 8 ! 5 0 ~lK
own Clerk, Town of 60'.J old
APPEALS BOARD MEMBERS OO~Q$UfFO(~ COG
Southold Town Hall
Gerard E Goehringer, Chairman co y` 53095 Main Road
Serge Doyen VJ x P.O. Box 1179
James Dinizio Jr. O Southold, New York 11971
Robert A. Villa 'y~j • O`er Fax (516) 765-1823
Lydia A. Tortora O! ~a Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: September 19, 1996 APPL. #4416.
APPLICANT: NANCY BUTKUS.
LOCATION OF PROPERTY: 3855 Mill Road Mattituck.
COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 4, LOT 3.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated August 28, 1996.
PROVISIONS APPEALED FROM: Article III, Section 100-33.
RELIEF REQUESTED: Proposed swimmingpool in a yard technically
defined by the zoning code set back, from the fence enclosure 30 feet,
and the pool 35+- feet from the front line along Mill Lane, and not
closer than 80+- feet to the northerly property line (n/f Wolf Pit
Associates), Mattituck. The proposed fence enclosed shall be at four
ft. height per codes. The size of the requested pool is 16 ft. by
32 ft. and is to be situated close to the northeasterly corner of the
existing dwelling.
MOTION MADE BY: G. Goehringer, SECONDED BY L. Tortora.
ACTION/ RESOLUTION ADOPTED: Location of proposed fence
enclosure, shown at 30 ft. from Mill Lane, and accessory pool location
as shown on sketch submitted with the application, GRANTED as
applied.
REASONS/ FINDINGS: Requested location is not unreasonable since it
will be placed in the yard area which would be for many parcels fronting
only on one street to be a rear yard. This property has a very small
area permitted, and is virtually unusable for accessory buildings or
uses of this nature, therefore is not available as an alternative. Any
location would require a variance.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
Robert A. Villa, Member
James Dinizio, Jr., Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman
This resolution was unanimously adoptedyi-d.
GERARD P. GOEIiRINGER, CHAT MAN
by NO(A411 REi
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:
Np'NC u Tome
eu S
DATE OF PUBLIC HEARING:
M
• ups. Sept 19%
Th P
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
.
a( lance - Pdou. i N Fr6nT- Y/Tfb
0
APPEALS BOARD MEMBERS SUFF0J tarn Southold Town Hall
Gerard P. Goehringer, Chairman - 53095 Main Road
Serge Doyen y x P.O. Box 1179
James Diniaio, Jr. $ Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
O! ~a
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
September 19, 1996
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4416
Project/Applicants: Nancy E. Butkus
County Tax Map No. 1000-107-4-3
Location of Project: 3855 Mill Lane, Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Locate swimming pool with fence enclosure in area other then the required
rear yard
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Farm has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type 11 classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990)..
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
• Fat.rC
OG
JUDITH T. TERRY C~ y~ Town Hall, 53095 Main Road
TOWN CLERK y P.O. Box 1179
v- Southold, New York 11971
REGISTRAR OF VITAL STATISTICS O • Fax (516) 765-1823
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER y~01 ~aO~ Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK
RE: ZONING APPEAL NO. 4416
DATE: AUGUST 30, 1996
Transmitted is an application for a variance submitted by NANCY
BUTKUStogether Notice to Adjacent Property Owners; Zoning Board of
Appeals Questionnaire: Short Environmental Assessment Form; Notice of
Disapproval from the Building Department, survey, and other relevant
documents.
Judith T. Terry
Southold Town Clerk
BOARD OF APPEALS I
TOWN OFSOUTHOLD I Parcel ID#1000-10 4-3. 100-239.48, variances for re-
NOTICE OF HEARINGS 17-2-1.13 (known as Lot 2 and -7:55 p.m. Appl. #4418- duced setbacks in the front yard,
part of 5, Stern's Subdivision j FLORENCE PAVLAK. northerly side yard, total of both
NOTICE IS HEREBY Map(10/1/93). Based upon an August 27, 1996 sides, and setback from bulkhead
GIVEN, pursuant to Section 267 7:40 P.M. Appl. #4414 Notice of Disapproval issued by for proposed new dwelling, and
of the Town Law and the Code DONNA IGLESIAS the Building inspector, applicant ! (b) a waiver `under Article II,
t of the Town of Southold, the WEXLER. Baseduponan Au- is requesting a Waiver under Section 100-26 for this lot con-
following applications will be gust 21, 1996 Notice of Disap- Article II, Section 100-26 for a sisting of 22,500+- sf ascreated
held for public hearings before proval issued by the Building parcel containing a total lot area by ,deeds subdivision and 1983
the SOUTHOLD TOWN Inspector, applicant is requesting of 25,000+- sq. ft. The basis of dbl. Location of property: 960
BOARD OF APPEALS, at the variances under the Bulk Area the Disapproval is although this Willow Terrace Lane, Orient,
Southold Town Hall, 53095.. Schedule, Article HIA, Section lot was approved by subdivision I NY, also known as Lot #2 on the
Main Road, Southold, New York 100-30A.3 for approval of Lots of the Town Planning Board Map of Willow Terrace, Section
11971, on THURSDAY, SEP- I and 2, as proposed, each with March 11, 1970, that, between 1; CTM # 1000-26-2-2 L
TEMBER 19,49%, commenc insufficient lot width to the new July 1, 1983 and April 14, 1985, 8:20 p.m. Appl. No. 4420-
ingatthetimes specified below- division line and insufficient side this lot, identified as 1000-107- I LINDA FESSMAN as
7:15 p.m. Appl. #4389 - yard setbacks from existing 1-5.2 was held in common own- TRUSTEE. Based upon a No-
TIMOTHY GRAY and dwellings: Each lot is proposed j ership with an adjoining lot, tice of Disapproval,issued by the
JIMBO REALTY. Hearing, to contain a minimumof40,000 identified as 1000-107-1-5.1. Building Inspector August 28,
carryover.- sq. ft. as required in this R40 " Street. Address: 3755 Grand 1996, applicant is requesting a
7:20 p.m. Appl. No. 4407- ! Residential Zone district. Loca- Avenue, Mattimck, NY. Waiver under Article II, Section
HUGH and ROSEMARY tion of Property: 8335 Main 8:00 p.m. Appl. #4418- 100-26 concerning this parcel of
MURPHY. -Hearing carryover. Road (Route 25), East Marion, RAYMOND REALTY CORP./
7:30 p.m. Appl No. 4402- NY; County Parcel ID #10000- MICHAEL'S PONTIAC- 26,500+- sf, identified as CTM
BARBARA KELLY. Hearing 31-2-32.1. CADILLAC OLDS. Based #1000-115-6-1, which has been
carryover. 7:45 p.m. Appl. #4413- EVA upon the June 16, 1996 Notice . held in common ownership with
7:33 p.m. Appl. No. 4415'. MULLINS. Based upon the of Disapproval issued by the another lot, CTM # 1000- 115-6-
THOMAS BALL. Based upon August 13, 1996 Notice of Dis-
an August 21, 1996 Notice of approval issued by the Building Building Inspector, applicant is 2, after July 1, 1 th This prop
f
Disapproval issued by the Build- proposing to remove the exist- I erty is located at t the comer of
ing Inspector,. applicant is re- Inspector, apphcantisrequesting ing ground. sign and in. lieu the Main Road (#18400) and
questing a variance under Article a waiver under Article II. Sec- thereof isrequestingavariance Cardinal Drive, Mattituck Es-
XXIII, Section 100-239.41 to tion 100-26 for a single parcel under.ArticteXX.Sections 100- tates Filed Map, Lot #5, at
locate a deck addition within 75 with a combined lot area of 205D(7) and 100-206-B for the ! Mattituck, Town of Southold,
feet of bulkhead, at 1890 (w/s) 1 3.1,250+_. sf. The basis of the placement ofa new ground sign CTM # 10.m. ppl. .
8:25 p.m.. ONo.VSIA NIK.
Arshamomaque Avenue. Disapproval is that this land area, which will exceed 24 sq. ft. in EN
Southold NY;Coon ParcelID identified as 1000-77-3-5,6&7, area, and be internally illumi- ALL W.
tywas created by deeds prior to nated. Location of Property: Hearing carryover.
No. 1000-66-2-46, also referred 1983, however, some time after 42155 Route 25 (Main Road), The Board of Appeals will
to as Lot 4 on the "Map of 1983 this land has been, and is, Peconic, NY; County Tax Map at said time and place hear any
BeixedonEstates;`Block 7,fled ! in common ownership with an Parcel ]D #1000-75-1-14. i and all persons or representatives
1946 with the Suffolk County in 4 wners square ft. eel I p.m. Appl. No. 4412- desiring to be heard in the above adjoining Clerk. This parcel contains a area identified as 1000-77-3-15. ROBERT HOLLEY. Based applications. Written comments
nonconforming lot:-area of Location of Subject Property: y may also be submitted prior to
21,071 "sq. ft. and has a noncon- upon a Jul 24, 1996 Notice of
East side of Pine e Avenue and Disapproval issued by the Build- the conclusion of the subject
forming setback fromifie-new i uestarlysideofprivateright-of- ing Inspector, applicant is re- not st rt the above tearimesdesi
bulkhead g-
, as exists: way at Goose Bay Estates, questing not start before h times desig
7:37 p.m. AppL No. 4411- Southold NY; Zone District: R- ILIAIIA, Section ctionan 1000-30A.-30A.3 (100- (100- nated, and some may be
JONATHAN and MARGA- 40 Residential. 244B) to locate-proposed addi- carryover hearings. The file(s)
RET STERN. Based upon a may be reviewed before 3:45
7:50 p.m. AppL No. 4416- lion with a front yardsetback at y
June 19; 1996 Notice of Disap- NANCY E. BUTKUS. Based less than the required 40 feet, at I p.m. The scheduled date.of the
proval, applicant is requesting a I hearing for updates or new in-
variance under Article [II, Sec- upon an August 28; 1996 Notice 1085 Bay Shore Road, Peconic formation. If have questions,
tion 100-33 to locate an acces I of Disapproval issued by the Bay Estates, Greenport, NY: you q
of with fence ' Building Inspector, applicant is County Parcel ID #1000-53-3- please also do not hesitate to call
sory swimming pool 765-1809.
enclosure, all located in the front requesting a variance under Ar- 13.
yard area on this corner hot Set- ticle II, Section 100-33 to locate 8:15 p.m. Appl. No. 4419 Dated: September 9, 1996
backs are established in a front an accessory swimming pool WILLIAM A. HANDS, JR. SO ORDER OF THE UTHOLD yard area on non-waterfront par- With fence enclosure in an area Based upon a Notice of Disap- BOARD OF APPEALS
eels only by the Board of Ap- other than the required rear yard proval issued by the Building GERARDP.
' at 3855 Mill Lane near Wolf Pit inspector dated August 29, 1996,
peals, if allowed by variance. GOEHRINGER. Chairman
Location of Property: Situate Lake, Mattituck, NY: County applicant is requesting: (a) un-
along Birds Eye road a private der Article XXIV, Section 100- By ILinda walski
X 9/1?096(89)
road off the north side of the 244B,and Article XXIII,Section
Main Road, and situate along the
southerly side ofanotherprivate
right-of-way, Orient, NY: -
County Tax Map Parcel #10000-
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia C. Lollot, being duly s" orn, says that
,he 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
,ut cessively, commencing on the
d,yo .......................................19..16
1~..........
Sworn to beforeore mthis om........... day of
16
.19.......
-
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806846
Qualified in Suffolk Cou~tt /
Commission Expires 34 "
TOWN OF SOUTHOLD, NEW YORK
APPEAt_ FROM DECISION OF BUILDING INSPECTOR APPEAL NO.. q
DATE
TO 1L1E ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
13Y "
ry, Name of Appellant Street and Number
.................'.!.I.I~T7~(.J~! SrL ......N:. .:..........HEREBY APPEAL TO
Municipality State
TIIE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO . DATED
WHEREBY THE BUILDING INSPECTOR DENIED TO
_A.r/tc......_
Nome of Applicant for permit
of
S...t.reet and Number -e-et--an-d--Nu..ber M unici pa...li.t . y Stat e
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(J) rt l~ nult;/l- 3W'/1ttMr/W6 170At_
1. LOCATION OF THE PROPERTY ......!~l~('....... /......"fd.f~..
Street /I~atiilet / Use District on Zoning Mop
District 1000 Section ~O~Block y Lot 3 /V
° ~4 C(CJ
..................-......---.....-_.................._..Current Owner
Mop No", Lot No. Prior Owner
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 section
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(-A A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 2BOA Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) has not een 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 o variance -
and was mode in Appeal No .................................Doted
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( SL-IWMrn.c. *'Ott_ 70 nk- t,or o"-b-' 44- /=Rda- i
is requested for the reason that vw fU/2
L. I a
Forn, Zn[ (Continue on other side) ' ~
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
?S / AKG C k-)LW2641s6-& 7_0 191"lC
SL-yJT7 e 7;"~1c /9? V ~~G ~i%bi3L S' 1
N_ ctrl
w/li-I C~{ w fi.c / ~ /36" 7a v Ccor&
2. The hardship created is UNIQUE and is not shared by oil properties alike in the Immediate
vicinity of this property and in this use district because /mar PIM C6-Z Is 4.
C!j,ILJM 4-07- W 1 TN CL-) Yes , C'G I+~dbGf
G6c01'Z9 Roma T %?lt' C7~77lLG- 12d-)f#t
y~
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because Prnf M MM (5)r-'_
1211 ovoi fij6E~ /~iyb
no o c wf -Gil
~ /Ul (11p 13 cc- f#16''. ~77~6Z~ /~/,3t C~ G
Y116-76-0i/t16 /Juez 77C[- r7j2cz-~".
STATE OF NEW YORK )
ss
COUNTY OF SfA/~ou4) Signature
19Q~o
Sworn to liiis ...f.+.V' day of..................... LqJ
i
....................._......'C....................
u
Notary u
ROBERT I. SC JR. Y
18t(,Co of N..
NOTgRY PU86 Holk u t
No. 4725OBae MSY 31.
Term ExP19
BOARD OF APPEALS. TOWN OF SOUTHOLD CERTIFIED MAIL
RETURN RECEIPT REQUESTED
In the Matter or the Petition of
NOTICE
-r
to the Board of Appeals of the Town of Southold TO M'
TO: w ' CcAt w PROPERTY OWNER
ILOOtn + L~,e wtir4- /17- 2.Z
YOU ARE IIEREBY GIVEN 140TICE:
1• That it is the intention of the undersigned to petition the Board of Appeals of the fawn of Southold
to request 1 artanc (Special Exception) (Special Permit) (Other) [circle choicel
I" c7 71Q_ edkS17t4~r- r,;,, #IIA10 v>oo~
2. That the prope y which is the subl'.e~ct of the Petition?is located adlacent to your property and is des-
cribed as follows: ..S J ~.Q~ _ _~1'1L~- - L/~?t/Ea' .
3. That the propertt which is the subject of such Petition is located in the following zoning district:
41
3 Tlnat b~ inch Petition, the undersigned will request the following relief: r/ 7(~Nf[ CCi6asr
CcShiS TYfl f ~r A Sty /M M i N4, J VW c- d f'ar7+/CL > w fcGto i?L_1_ t v _
Apt-r4w f Cb7t&4P!: C~-/or ~ C--'17// (2) /~T /O~i~f/9j - Ctf(/eAG !
5. That the provisi of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article Section ~00 - ?3
6. That a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (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 roust be published at least five days prior to the date of such
hearing in the Long Island Traveler-Mat tIttick Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appears and be heard at such hearing.
Dated: ~L["LIlL/C r" ILLI 2~`P i1?5kc.
Petitioner
Owners'Natnes:y /ft~j~YCIS
Post Office Andres},
Tel. No. 2,9g
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF MAII ING OF NOTICE
ATTACH CERTIFIED HAIL RECEIPTS
NAMg ADDRESS
STATE OF NEW YORK) ss.:
COUNTY OF SUFFOLK)
residing at R /L4-
being duly sworn, deposes and says thadon the day
of cOr 19 deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at L'I that said Notices wcre mailed to each of said persons by
(ccrrified) (registered) mail.
Sworn to be ore a this t^
day of 19
Notary ZI.'UTT, RUB JR.
NOTARY te of N.Y.
No. 472 k Coun
Term Expires May 31, 19
(This side does not have to be completed on form transmitted to adjoining
property owners.)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will 'oe made by this Board
. before any action is taken. -
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts 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 sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land? _Yes YNO
2. Will there be a major change to any unique or
unusual land form on the site? _Yes ~No -
3. Will project alter or have a large effect on
an existing body of water? _Yes Y-No
4. Will project have a potentially large impact on
groundwater quality? _Yes No
5. Will project significantly effect drainage flow
on adjacent sites? _Yes X-No
6. Will project affect any threatened or endangered
plant or animal species? Yes
_
No
7. Will project result in a major adverse effect on
air quality? _Yes X-No
S. Will project have a major effect on visual char-
acter of the community or scenic views or vistas -
known to be important to the community? _Yes ~_No
9, will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
envircnmental area by a local.agency? _Yes XNo
10. Will project have a major effect on existing or
future recreational opportunities? _Yes X-NO
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? __Yes XNo
12. Will project regularly cause objectionable odors, _
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? _Yes XNo
13. Will project have any impact on public health
or safety? Yes X -No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent overa one-year Yes X No
period or have a major negative effect on the ~'r-
character of the community or neighborhood?
15. Is there public controversy concerning the
project?
_Yes ?NNo
Preparer's Signature:
Representing. ~71~G7 /J LG/.L Date: gj, 6
2RA 9/75
OUESTT_CNNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
_&g1i,C_y nu7r43 ??tT Miu.. ~ r 77 ck.
B. Is the subject premises listed on the real estate market for
ale or being shown to prospective buyers? { ) Yes
No. (if Yes, please attach copy of "condiiiens" of sale.)
C. Are there any Fraposals tm change ar alter land contcurs?
( ) Yes 1) 1 No
D. 1. Are there any areas which contain wetland grasses? AID
~I 2. Are the wetland areas shown on the map submitted with
this application? NO
3. Is the property bulkheaded betty{ en the wetlands area and
the upland building area? d/
4. If your property contains wetlands or pond areas, have
you contacted the office of the Towp Trustees for its
determination of jurisdiction?
E. Is there a depression or sloping elevation near the area of
proposed cruction at or below five feet above mean sea
level? (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting? If none exist, please state "none."
nntu&r -ft -S Q /klt_L L~S?L t ~ODL 4_OC/9jJoA1.
G. Do you have an construction taking place at this time
concerning your premises? _Q _ If yes, please submit.a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? _ bA If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel fW1 and
proposed use
i//~Sxy7
Orv
7tfhl, ized ure ate IA7
10/901k
BOARD OF APPEALS:TOWN OF SOUTHOLD
-----------------------------------x
In the Matter of the Application
of
- ---C -----------x
CONFIRMATION OF POSTING
I, (4 r ~i! residing at
being duly sworn, depose and say: /
That on the day of 199 I personally posted
the property known as " ~5 S 1 0 M ct q, i-u , NY-
by placing the Town's official poster* Notice on either a stake,
fence, or other post near the driveway entrance into the property,
on the applicant's property where it can be easily seen by passersby,
and that the poster has remained in place at least ten (10) days
prior to the date of the public hearing (date of hearing noted
thereon to be held , 1996.)
Dated: SePte,rGer l~ 1996 .
(signature)
Sworn to before me this
day of , 1991-.
NOTARY PUBLIC
*or within 10 feet of your front property line(on your property
facing the road or right-of-way).