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HomeMy WebLinkAbout4394 A6 ATE, iLLiAM _eaN~r.P4cr _ Aga o~,~ Co APPEALS BOARD MEMBERS ~SUFFOJ Gy o Southold Town Hall Gerard P. Goehringer, Chairman ~ 53095 Main Road Serge Doyen, Jr. °y `P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD APIA. #4394 ACTION OF THE BOARD OF APPEALS DATE: Jude 26, 1996 APPLICANTS: WILLIAM AND ELEANOR FORTE LOCATION OF PROPERTY: 1155 Harbor Lane, Cutchogue. 1000-97-6-12.3. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 29, 1996. Article XXIV, Section 100-244B, Proposed front yard setback for construction of garage to be attached to proposed new dwelling. MOTION MADE BY MEMBER VILLA, SECONDED BY MEMBER DINIZIO ACTION/ RESOLUTION ADOPTED: APPROVED as applied - with a setback at 42 feet from the northerly front property line (near the center of the right-of-way for the reasons noted below). (Note: Applicant must return to the Building Department and any other agencies having jurisdiction under this project before commencing construction activities.) REASONS/ FINDINGS: 1. The new requirement was only changed in late December 1995 which change removed the relief provision (100-244C) that allowed reducted setbacks which were conforming at the time of the subdivision. According to assess- ment records, this lot was created prior to 1973, and is shown on the unfiled Map for Peter and Eloys Sterling. 2. The rear yard will be the largest open area available, to the east of the proposed house location. 3. The dwelling to the north is of similar character as the dwelling proposed by the applicant in that the garage is attached, also facing the right-of-way. 4. If the house were turned, a very small and limited rear yard to the south would be created, and a larger side yard to the east (side yards may not be used for locating accessory buildings without further variances). 5. As mentioned above, the difficulties are related directly to the layout and configuration of the land in relation to two front lines (town street and a right-of-way which is treated as though it were a street or road in the present zoning interpretations.) 6. The difficulties are not personal to the landowners. 7. The variance is the minimum relief necessary, while still maintaining a proper side yard setback. 8. No adverse physical or environmental effects will be produced on adjacent properties, or the immediate area. 9. The character of the neighborhood will remain significantly unaffected. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted. (5-0). F.EC:F..IVED AND FILED BY ThE lOU'l l:., .lD TG N CLERK Dr,TEI'5-i~4 11OUR -11 47 t icwn Clorl- 'j o-,,n cl c;out'':old I APPEALS BOARD MEMBERS o`Z`, y` Southold Town Hall Gerard P. Goehringer, Chairman w 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. ~Oj .10o 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 ADDITIONAL HEARING 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 Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 26, 1996, commencing at the times specified below: 8:00 P.M. Appl. No. AI.39`f - WILLIAM and ELEANOR FORTE. Applicants-owners are requesting a Variance based upon the May 29, 1996 Building Inspector's Notice of Disapproval, under Article XXIV, Section 100-244B for permission to build portion of a new dwelling with a reduced front yard setback. Location of Property: 1155 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-12.3; also referred to as Lot 3 on the Map of Minor Subdivision for Peter and ELoys Sterling." 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, and others advertised previously. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearing will not start before the time designated. It is recommended that all files be reviewed before the scheduled date of the hearing, for updates. If you have questions, please also do not hesitate to call 765-1809. Dated: June 12, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date. y : 19.?4 lop To, Z/464210-pv PLEASE TAKE NOT YE that your application dated . .................11999.. for permit to Location of Property 11.....~ . ~ . House No. Stress amlet County Tax Map No. 1000 Section Block Lot . . Subdivision Filed Map No. Lot No. is returned herewith and disapproved on the following grounds . " ~7z Z' ~A19; . ~ .~..4;< . ............G l Bui din nspector RV 1/80 BOARD OF HEALTH FORM NO_ 'I SETS OF PLANS i TOWN OF SOUTHOLD URVEY BUILDING DEPARTMENT GIIECR TOWN IIAL,L / SEPTIC FORM SOIITNOLD„N.Y: 11971 TEL: 765-1802 NOTIFY: Examined- ~ CALL E ./,/.~"7........, 19.1*~ MAIL TO:..... Approved.. 19.. Permit No . 07py10oSj Disapproved a/c J r ' y'~`. I 1d3q •cJ bwLt i ¢ 21. ,y~ , . iL4t II: Q' V 4 ~ (Building Inspector) ` APPLICATION FOR BUILDING PERMIT MAY L 'i .J -Date: I9/~ INSTRUCTIONS BLDG. DEPT. TOWN OF SOUTHOLD a. This applicatr4160 ie completely filled in by typewriter or in ink aryl submitted to the Building Inspector wit 3 sets of plans, accurate plot plan to scale. Fee according to schedule. h. Plot plan shoring location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property mist be drawn on the diagram which is part of this application. c. The work covered by this application may not be convened before issuance of Building Permit. d_ Upon approval of this application, the Building, Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work- e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building 7xire Ordinance of the Tam of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all. applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in 'lding for oecessa; s ttiioos. (Signature of applicant, or name, if a corporation) 19&i.meo.4ej.Ab..(~ ? a (Mailing address of applicant) if7o q- State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plrnirer or builder. W Ng2...................... , Name of owner of premises ....::'Y t ~l/4p~ 4, -I'QeE . .5 (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builders License No. / Q!4 Pluminers License No . Electricians License No . Other Trade's License No. 1. Location of land our which proposed work will be don 1.r. s i Q . yjtA) F............... cct/~_ QGu Douse Number Streeet~ Hamlet County Tax Map No. 1000 Section ..0 Z Z Block 6.......... Lot li 3 Subdivision Filed Map No. Lot (Nam) 2. State existing use and occupancy of pr ses and intended use and occupancy of proposed construction: a. Existing use and occupancy ~F-...<1z~it#:4:.. VJ~;G NT.... 4?lt a b. 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(MAIIII)s `SiLI At* PIANO/: Si1A 1( ilx(e{,llxf lupll it 3o laad [COC alglln Almdoid sly sL 'it . ~ON Mo[l~l-) -/.•~-cysaijlyv -,..!mffom ?~Uaj)~jl n•~aiotaualu[rd Io a.-'ll w9ye l aucx kl QNl / n 0' z7sal1AN S,chln YI_L 311 s lgall(la.iV to an+ll MZ0,1 OR a [41 ug IT ssaal7*1 1 igysas lura)d jo aa[r() Jo sair~ 'yi 94 M Sal, :gas lua.ld Uwj wmlol at 11[1 ssa:n[a IMA ......OF- pallr.~.iax all lo? 11?M 'Cl ....ASK ax)l:lepl:laa uo aoucwlp)o `m?L aul(xn Ale aleloln UO11;xIJWool I>asaluad saRl W palealxs alit sasp(atd [ppr ul lolils)p asn n) awl f9 N-~-.. auao ; o au. as") j 13 R4 1a1N Ju a.n'fl 'OE z~b1 3I - ai•1(:t D(1 - 'IOU lax)kl :101 31) a'lS fi sauols 10 aapnll /---f/ /S 119I II)da(1 leafl llwljl Rx)I-l:RUISiNrJ Man alllua Jo s(x)isuaui(1 'a tralao.is 3o aapru lim all glda(1 - luau .....r lnolA .9"017111x'- ao suollelalle 1111M a.utl;xu:)s allies 70 nwisuaul(1 sauols 3o as u" l(fpiall. gida(1 coal -•--.-.__`.-_-'-l(N)lg :Ale l1 `sau)l:xu:is auilslxa 1o guolsuauq(1 •L . asn o a[fAl ea o lualxa ainluu 3 1 3 lx(e Al Gals 'A:x)e[In;):)o l)arzlm io lelaaanv0 `ssa(is)xl 71 -9 a.- saea 1o ea?(m 'aaema 3I loon (pea [x) .9:)11111 au!IlanI) go taprRL,----- sliun %Mijj ry) go aaprxr `all1txW 31 (lx)ileall[7(le slgl null?11x) pie[7 al ol) ,i all asq) papani7sil -7 (uoild u:)sallj Aloft la(I10 u0111la all Iennean I g)Rfapl uo11e-tal1V 110111111V allplilll rw'f.l :(algu0?Idrle (ppri )pap) )pot% to 111111:[4 'I `~5 91~.1~~ visa Tau .3=36 ; JUN 1 2 1946 ft" Oft d TOWN OF SOUTHOLD, NEW YORK L13 [ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .......4-:/c2....C1~2.... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOL(/D~, N. Y. 10 (We) .C LC~)4.?.'a....(a..:. 021,!=- ....................:of 7..T!12f_IJuCarI .......~~.s............................... Name of Appellant Street andNumber Q EST J ~(7Q7 TO .HEREBY APPEAL . 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 .b.)jai ta.A o cea = Name of Applicant for permit of 6~7~,~ u~ (1JFS/ D!9!B 11741l[, _ ..........ham....................... ............................1................. Street and Number Munici.Pali State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~.....UTC/ 6GU~ /Hamlet Street / Use District on Zoning Mop District 1000 Section pg761... .6 Lot ....Current Owner W ~ G(i t ~t2 i r = ~f .._..P......-_~-......_........ _...k._ Ma No Lot No. Prior Owner ~E T6dL STErei.'u1G, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance b number. Do not quote the Ordinance.) Article Section /©O- agKL$~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) 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 (has) 63D been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( 3 is requested for the reason that AZ-Dtlli )aj0L_ S;DSyF1re.D' io&-IACrF jS tjg $~7G»Eev 7NE G;4'ej94E 14"z 7-,-/r- ,elcyr a,= wlgy /ZOigbWg}Y. /#15 /~2rUl9l R,4WT of WOy ooOLy SIF4VIC>=s 3 Hawes - H6FAe- 8Y20m A&3 Form zst (Oontinueyon other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because L1 WouLb F6-ltc(- us °),a A~Ee~GI~ ~ Z 5 <op-i/ 71/emr' 6e T6 -7-Leto Tffc--- 2s3eu c4 51~ G e.j ays . L WC ,z/2,11 7-f~ ~7}Nc¢1 S1C~IJgyS aurQ-[2oa~% WrCL ~klciaaC,e S ~ cr4~ G~?~<sE. ~1~ wauL1> ,ate ouo ®F Gf/><3~ICl~Q ftt~ L~~,~4De1AJ4 R 2 Dt lzy f emr- CrvouLZ a2GQurrc (fZIN fVL5 S35A(Rs f}rv.1j /IJ L s3i 2 `twles cow-1? c62Er9iE ¢J {{/3®2DSt}i~ copisiluem c,, my ~f9~L> oL f/E,s~T f~ot3G~~rs , 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because -r14E e9ceea7 Loi /S ioo NvAAeaQ r i`oa f4 STifloJ~ie.D Ra4wct} . l~ffE OTItEs2 ~lau',FS <3J ~C- .!®`/AVF=D/t47T$. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 444- HOU57E9 ou {QR ---SM kAbJI- Arl_'.LEF ~cieo~(~ o12W 9~ f~S W~ ~1?aPOS~ To ;301&,D OU)b #041SA5. Tic /0)e1afs f~aAJT- ya~~J 0 G O~I,911u Roan - 17js'S,66,e 49a)itr, Ruab Poi Tf}E (fZt%,J }I`E. 2t(a441 or UJAV. r STATE OF NEW YORK ) ) ss COUNTY OF,5UeL+C ) Signature . Sworn to this .I day of............,,.... . 1976 e LINDA F. KOWALSKI Hatoyf?u PAStmofNewYork .t3 Z~?: ft 624624771 { Notary Public k+StY 1Y fAmmission Fiyiras Nov.90, t9 f n' o m 2 I fy m ~ O m i ~ ~ Z I m 4 ~I - 3 AW~ v` Z IT! ca -0 I~ ol0 0 ( I I I s of m S Zl i I ( ~N ` I m <I ~oI ) m o p 1 iA n } v11 Z n i 3 ~ lam, I C r- 1 I ~ I ~P Yt1 I i fn I ~1j I 1~ ~ I ~ I i.~ ~ y i Q'• ~ ~ I~I NfI I t 1 ~r ~ i ~ I I_ a t ~ I~ I - Ul l - i 5 E_, e WATER S"PLY AND SEWAGE DISPO MMLS MUST f CONFORM WITg NEW STANDARDS SAL SY DATED NOVEMBER 13, 1995 "'AaB0 LAI-4E I rJ 00W. 160-CO e'105.41 TO MAIN Rp. { ~J F fli N il- Q a Z K> Irv ql 3 c a n p rn m „t. q!- go ,fn i- to q#a. olz r8 i it) Is a lip (j '17 - t: j uy Jr IC I Q ill .105 _ v0 zq• CU" ' O r!• { to Im = sv t 10 PtA -4 z_) I Jf` ICwC ~I, Im ~j m ' I f 1 i N, a E ~(4D n I. l i S' 224 CO'E. 3 5.00 -ice RSrEQLINc, ~A BV2oM!) > f ~ ~'•l ~ t5 1 , ~ ...E-0Qh1. _i'L~ ~ 'T? ~•i E 0. E) ,O z O Op -uUl_ Z t11 0 . m>f O . m Zt N C7 (7j a v fn r i.Z o O Kr rw A xw n8 y ~x y a* d 0 :F _ > O m a ID In ZA, 44 CA I 2 s i zi t ~b br 0 J i.4. r "p> 00 gn nmx X;y^~ P qz -1 w sn a 8 O 00~ D m, W. - P. ~tf1 p M Int 2 C j A -1 2 m -1 s z 7 O ~ 3 < 0 Z> -i -i 2= a a a o a o m ~h^ 11g a- Z; m m 00 rG ,75L .ri;a ODm =m x ~fas Sir Is g E IQ r 2 0~ cQi Z M "i n 0, R n m x r D COUNTY OF SUFFOLK AUG 2 1 M ROSERTJ. GAFFNEr SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING August 19, 1996 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Wexler. Donna 4387 ./Forte. William & Eleanor 4394 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc CJ.WPWIN60IWPDOCWONINGIWORNINGILDSIAUGUSTSD~ 387 AUG ~dRC 'RlA[ '(-'Y oI00 • 1VUPP4L; ;;E iC (j SIAND. NA II'88.:099 • 1316) 857i1°0 • .A~ L-+Oli APPEALS BOARD MEMBERS OG"~ Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen ti x P.O. Box 1179 James Dinizio, Jr. 4?p Southold. New York 11971 Robert A. Villa 4-1/0~ 1a0~~' Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 01-suant to r=_~._'°- =7 of =_e ;„r_i1h COU77 lade, The orard of ?rceals of t^.e Tama of Scumncic, New '.crl, e_-`"_v __=a-rs n he foil nw = ca &e Suf=o1c Cctnti ?larni ng Commission: XX 'lariance from the Zoning Code, Article XXIV Section 100-244B lariance from Determination of Southold Town 3u I N, inspector Soecial Exception, Article Section Soecial Permit Aopeal `lo: 4394 Aoplicanz: William and Eleanor Forte Location of Affeczed Land: 1155 Harbor Lane, Cutchogue, NY County Tax Mao item No.: 1000 97-6-12.3 vithtn 500 feet Town or 1111age 3oundary Line XX 3oay or 'dater ;3ay, Sound or Estuary` State or County Road, Parkway, Highway, Thruway Boundary of Existing or ?rOposed Counzy, State or scerai'y Need Lana 3eunaary Ev sy nc or P-opuses County, State or edera! 'are or y her 2ecreavicn Ar?a Existing or Pr:oesad light-of-Way if any larsam or 3ra7nage D anise? 1wnee by the :'.June,/ ;r for vnicn ne Iunzy '.as °Cz:ao .nvan ar.nV - ,.e5, or 'Nir,nin One T if . lunaar r:er "'.ant vi 4i n One "i7n if an Air crt _cmments: Aool,_anf - eQues:'t? ce^m'.s='tn construct cwellino with insufficient front vard setback lucust 1996 APPEALS BOARD MEMBERS r~~ Gym c Southold Town Hall Gerard P. Goehringer, Chairman 4 53095 Main Road Serge Doven, Jr. y 4ft P.O. Box 1179 James Dinizio, Jr. Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lvdia A. Tonora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 5, 1996 Mr. and Mrs. William A. Forte 687 Arlington Road West Babylon, NY 11704 Re: Appl. No. 4394 - Variance for Northerly Front Yard Dear Mr. and Mrs. Forte: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today with the Town Clerk's Office concerning the above variance application. A copy of this determination was on Wednesday transmitted to the front desk at the Southold Town Building Department pertaining to the pending building permit application request. However, it will be necessary for you to contact the Building Department (765-1802) in a day or two to be sure the building permit application is returned to their "active" shelf for final processing. Also, due to the proximity of this project within 500 feet of a the bay, sounds, an estuary, state road, or county road, we are required, and have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under its Administrative Code. It is expected that once is review is completed by the County, that the County will leave the project for local (town) determination without further County Planning review on this variance request0. Very truly yours, Linda Kowalski lk Enclosure Copies of Decision to: Building Inspectors' Office Suffolk County Department of Planning 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: ILL\AK 'T f, DATE OF PUBLIC HEARING: JJJh J:ft'~TuN 14,19 A 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 fr6morlArb ?,Ubw 'SFT91-1r BOARD OF APPEALS (O I N I Y OF SUFFOLK TOWN OFSOUTHOLD STATE OF NEW YORK ss: NOTICE OF ADDITIONAL Joey Mac Lellan, being duly sworn, says that HEARING he is the Editor, of the TRAVELER-WATCHMAN, NOTICE IS HEREBY a I)ublic newspaper printed at Southold, in Suf- GIVEN,pursuanttoSection267 folk County; and that the notice of which the irthe Town Law and the Code annexed is a printed copy, has been published of the Town of Southold, the following applications will be in said Trrve ler-Watchman once each week for held for public hearings before the SOUTHOLD TOWN ..................................................................weeks BOARD OF APPEALS, at the Ir Southold Town Hall, 53095 tiuccessively, comm~gcing on the Main Road, Southold, New York JC~v 11971, on WEDNESDAY, lay ot ......'`................,19. JUNE 26, 1996, commencing at the times specified below: e. 8:00 p.m. Appl. #4394 - WILLIAM AND ELEANOR FORTE. Applicants-owners are requesting a Variance based Sworn to before me this......... day of upon the May 29, 1996 Building 199 Inspector's Disapproval, under • Article XXIV, Section 100-244B for permission to build portion ofanew dwelling with a reduced d front yard setback. Location of Property: 1155 Harbor Lane, Notary Public Cutchogue, NY; County Tax BARBARA A. SCHNEIDER Map Parcel No. 1000-97-6-123; NJIni,Y I IC, State of Nsw York also referred to as Lot 3 on the tde. 4 6 Map of Minor Subdivision for Q;, " I in Suii,,lk County Peter and Eloys Sterling." Comes csi0n Expires $1-3il?6 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, and others adver- tised previously. Written com- ments may also be submitted prior to the conclusion of the sub- ject hearing. The above hearing will not start before the time des- ignated. It is recommended that all file(s) be reviewed before the scheduled date of the hearing, for updates. If you have questions, please also do not hesitate to call 765-1809. Dated: June 12, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. I )UN L Q GOEHRINGER, Chairman uI By Linda Kowalski 1X-6/20/96(5) / p Utz 7~ Y gUfFDCXc Y APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer. Chairman `n,.. nay ;j 53095 Main Road Serge Doyen. Jr. P.O. Box 1179 James Dinizio. Jr. Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June /11, 1996 J 6,F -7 TO THE APPLICANT (OR AGENT/ REPRESENTATIVE) Re: Application Filed by under Appl. `))(t , 3az fe r-MacFam: Dear Please find enclosed a copy of the Legal Notice published in this week's issue of the Long Island Traveler (Southold) newspaper. The public hearing has been noticed for Wednesday night, June 26, 1996, and will be held in the meeting room (court room), at the Southold Town Hall, Main Road, Southold, New York, at the time advertised. An appearance will be required by someone familiar with the property and the reasons for the proposal. j Please post the enclosed Notice on the subject property using a stake or other base within 10 feet of the street entrance, where it can be easily seen by passersby. You may place plastic wrap over the sign as a water repellent. If your sign is removed or damaged, we will furnish another sign .or replacement by you. Also, please be sure that the four corners of proposed new construction is staked to be best of your ability by the time you receive this letter (as per instructions furnished with forms). Remember that Board Members will individually be in the area and viewing your property and the neighborhood over the next few days; and if the corners are not staked, the application may be delayed another meeting for another visit to the property. Please complete and return the Affidavit of Posting once you have been able to determine that the sign remained in place for seven days. Very truly yours, ,Jj~C~a~ Oz.u Linda Kowalski MaryAnn Cybulski Noreen Frey Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD { JUN 2 In the Matter of the Application h of ZZ2 ------x CONFIRMATION OF POSTING residing atop being duly sworn, depose and say: That on the day of 19 I personally posted the property known as "//y'S ~9/ii~7~19e~E/ iflu{o4uE 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,q 1996.) Dated 1998 (signature) o~~SpFFO(~p~o APPEALS BOARD MEMBERS fi`t` Gy cm Southold Town Hall Gerard P. Goehringer, Chairman ca „ 53095 Main Road Serge Doyen, Jr. Gy P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 18, 1996 S.E.Q.R.A. TYPE IT ACTION DECLARATION Appeal No. 4394 Project/Applicants: William and Eleanor Forte County Tax Map No. 1000-97-6-12.3 Location of Project: 1155 Harbor Lane, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to build portion of a new principal building (garage portion) with a reduced front yard setback 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) Form 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. o~0stlFF0(,~c OG JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK co = P.O. Box 1179 .r T Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O • Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y~Ol{ ~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. 4394 DATE: JUNE 13, 1996 Transmitted is an application for a variance submitted by WILLIAM A. FORTE together with Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, Zoning Board of Appeals Questionnaire, Short Environmental Assessment Form, survey, and other relevant documents. A'- Jud it h T.°Terry Southold Town Clerk REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because lT Wou/.b F-6tQG4 US 'io ;?Urr-v A z 5-10,ey 7 emrz ae %6 -7-aced /ff'z-~ 24Nct4 s t, E wAys , , F WE '12111 `Tffj= 1c4t-)C-q SlaFulAyS Cute. T~i2oaTT- L ILL (3G F~ciNG, /-/0FFR5 2 CAIe 601Ef9CaE Aru,D tvou-b B6 Qul OF GHAeACTE,g F je 15C- ,UF40, aL4 /,~bllv4 A 2 sS ajgy f' ewl wouGl) Raouitr CllmB)uc~ S1_AjkS 09)Vb /OL) L. A775& yGQ&5 COULj) G2F09TE A IIA9LDS01P CotVb/e)belwG My r-4etlEiL f/EAe7 f~2a(?LEa/S 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 "7y~E i9C,t- Lai /5 -TOO NN.e?Coto +-ot2, 14 TTAk3b"b R+4wcf{~. /~E C)THEA Howlfi,S IN -1-ftC~11Y14FD10')7-r, 2E STa~ey ~{ew> S . {AeC-~ 4 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ALL HOUS09 o u }4Nre-80(L I A*jg: lgp_E ~c/Wbl r"etWta*,!) as wr- F/?oPoSC To 13ur"Ij 0006 AOUS>c. ?/fc Pilo. *ty Fize-fr y P,,D is 7745 /V,9/,u leor4D - 171195e.,66,e L4,j RtVA IUo-r THE" P2tuI4TE IZtG+rl- of WAy. STATE OF NEW YORK ) COUNTY OF SQ L/C ) Signature / Sworn to this ` day of............. .....MIZ.`1........................ 19 ~p LINDA F. KowALSKI s / Nolmy Pubft Stall of Now York J r iLLGLr .02c 1.1x v N0. 624624771 Notary Public Oue66ad.InSuffolkCaegy Cotmmlalon EMIM Nov. 30.18 BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of _ W t It i K}u. 4 C 4E14tUar/t fl2! NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ari.mce (Special Exception) (Special Permit) (Other) [circle choicel 2. That the pr perty which is the su ject of th~e Petivn is I Gated adjacent to your operty and is des- - p as follows: Qi CJY~~Ip ti~ 0~1 LtJ 3. That the proper will is tile subject of such Petition is located in the following toning district: a That b,i such Petitivn, the undersigned will request the follow' tg relief: Q ~cY d44 A 5. That the provisions the Southold Town Zoning Code applicab t the relief sought by the under- signed are Article Section /00- 0244q (6, [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 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) 76-1809. 7. That before the relief sought may he granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; [fiat you or your representative have the right to appear and be heard at such hearing. Da[ed:~Mel~ / 99d a etitioner Owners 'Names 4),&, "^•¢FL~~q,,a J PoO,7cT7rtl ewt 4~ w 1T 4o U LW Zl~ ~I l I '7 O ~L Tel. No. (S7~) S~7- /7rr [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTI[IED MAIL RECEIPTS NAM ADDRESS l'o For % M4*A1 6. KR'1*4 rt. - r 41.5' AAkbok La4"El C L(TcH oci j! W4. 1 l Ras ~'FTFte C, 'z rmm l for, , /o 14Ateum L4uF~ cu-"co'UE ~.y Il US- i -~OI+ti 4T>tI~,~FSq I~OFi~,:2_ i00s_~-14k06rc L,41u f ~'y7cy~lz~UF Al, Y, Q3r lob0.1 L . LiA DFviioop/_ l~od 14gAZ R t>wE Cu'-c1a6Uc l t) I Lbk4vl OrRLouosK i - ~l 8 L°44f2G?6u 21)~ 11-1r(~ituqTvru1 07 Qq_~ M14~y ~yPeoK) /d 7J > aof2 Z 44ut5, ti`~i~93r- G~2q~yw GF-k(!LE - /03a C6QX7r y CCuC3 ~ruvr_/ CuTc ~G4F N. y ?1Q37' STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: I (Lrt4+M 1'"0!2%% residingat 6Lf7 l U _ f) 76 K being duly sworn, deposes and says that on the -19 day of YV) 44 , 19 _ deponent mailed a true copy of the Notice set forth an the re- verse side hereof, di ected to each of the ahove-named persons at the addresses set opposite their respective names; that [lie addresses set opposite the names of said persons are the addresses of said persons as shown on the current~tssessmenf #1 I of the Tow of Southold; that said Notices were mailed at the United States Past Of- fice at ,\6U7~f 119~y ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this oZ! day of 19 LINDARX0WALSKI ~M ~,sl - No1mY Public, 524etsof Now York No. tit-AB?A771 Notary Public ptgMdInSuffolk Coemy Commlesion 120m Nov. 31b 18. L' (This side does not have to be completed on form transmitted to adjoining property owners.) 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: (S n ate sheet m~ay be attached.) LC-~[lNarE J ~e~2YF niJJAl B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes ( Xf No. (Sf Yes, please attach ccpy of 11cond.it4nns" of -ale_) C_ Are there any praposa.ls to change e-cr alter 1=4 { } Yes No D. 1. Are there any azeas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhe ce bertae)en the wetlands area and the upland building area? - 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees far its determination of jurisdiction? N.A. E. Is there a depression or sloping elevatica near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads ar f-"~ which esi= and are not shown on the survey map that you are submitting? N aOJ If none exist, please state "none-" G. Do you have any construction taking place at this time concerning your premises? N0 If yes, please submit.a copy Y building permit and man 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? N 0 If yes, please e-=la-5n where or submit cap es of deeds- I. Please 1' t present use r operations conducted at this parcel proposed use and ,EC ~ 6/yTi~9-L. ry U 'LOriZed 1ignaz ze and Date / 3/37, 10/901k § 97-I3 WETLILIMS § 97-13 TOWN - The Town of Southold- - TRUSTEES - The Board of Trustees of the Town of Southold. (Added &5$4 by L.L. No. 6-19841 c i CMS (Amended 8-26-76 by " No. 2-1976: 2-26- 85 b7- ILL No. 5-198s) A- IIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters. or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows. flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundseL mar hmallow and low march rartigra=2aid/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESF_-WA.TER WETLANDS. (1) "Freshwater wetlands" as defined in Article 2:, Ti- tle 1. § 21-0107, Subdivisions I(a) to I(d) inclusive. Of the Environmental Conservation Law of the State of New York: and All land immddiately adjacent to a "L-eshivater wet- land.- as defined in Subsection 8(1) and lying tvith- in seventy-five (751 feet lauudwnrd of the most land- warc edge of a "freshwater wetland." 9705 t-os•es Of thisefora,S' and Environmental Quality Review Act requires submigsion an environmental review will Le made Ly this soon ~Oazd . before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS- (a) Ln order to answer the questions in this short EAF it is assumed that the prevarer 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 cc=lsted Environmental Assessment Farm 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 ohysically•alter more than 10 acres of Land? _Yes ~ZN0 2. Will there be a major change to any unique or unusual land form on the site? _Yes Z1110 3. Will project alter or have a large effect on an existing body of water? _Yes ~Nc 4.. Will project have a potentially large impact an groundwater quality? _Yes 4~cNo - S. will project significantly effect drainage flow an adjacent sites? _Yes LNo S. Will project affect any threatened or endangered - Plant or animal species? _Yes ZINO 7. Will project result in a major adverse effect on air quality? _Yes X__11_NO - 8. Will project have a major effect an visual char- - acter of the community or scenic views or vistas known to be important to the community? _Yes xNa 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes 125:No 10. Will project have a major effect on existing or future recreational opportunities? _Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _ _Yes ~Llqo 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Ye _ s 1~<'No 13. Will project have any impact on public health or safety? _Yes /l No 14. will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on -Yes Na character of the the community or neighborhood? 15. Is there public controversy oncerninq the project? Yes vo Preparer's Signatur - Q n~ Representing' Date: Z3A 4/75 - i i-7 L i ~ torsi 121571-Test 12 PROJECT SCQ R I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHOAT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED AC~ONS Only PART I-PROJECT INFORMATION To completed by Applieam Or Project Tonsor) 1- APPLICANT /SPONSOR I 2. PROJECT NAM 3- PROJECT LOCATION: comfy Munfeioallh A- PRECISE LOCATION (slreat aaarne and 1010 Imes One, ommmwt lanamwm etc. qir Prayide maul 3. IS PROPOSED ACT~~IO-IIN: (2 N. L1 Elaanslon ? Madifi=tIcive term G. DESCRIBE PROJECT BRIEFLY: l - E7.AMOJUNY OF l.d.NO AFFEC7e0: aarG! Ultimately acres PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTH EYISNO USE RESTRICTIONS? ee No It N0. describe briefly . T IS PRESENT LINO USE IN VICINITY OF PROJECT? Q Otner Q Calnmential Agriculture ? P~WForesuOPen 30=0 L.y R"wentlal L1 Industrial DaaertOt t 10. DOES AC71ON INVOLVE A PERMIT APPROVAL. OR FUNGI NOW OA UL77MATELY FROM AN OTHER GOVERNMENTAL AGENCY (FEDERAL 37AT~EE as LOCAU? - ~i L: Yes ? No If Yea. Iln aganay(a/ and 0 mi0300rovaLS ` 11. -CUES ANY ASPECT OF THE At.'I.::t HAVE A CU RENTLY VAUD PERMIT OR APPROVAL? `Yea L Nn If ya4 Jsi agwxy name/ d 0tdmldaPPnMt2i 12. AS A RESULT OF PROPOSED ACTION WILL rYISTING PERMITIAPPROVAL REQUIRE .MODIFICATION? 7- Yes Q Na I CERTIFY THAT TH@'INFORMATION PROVIDED ABOVE IS TRUE TO THE 6EET OF MY %NOWLED /f DitC- A0011aiNlsnansar name: Signature: f L It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) - -4- r 0 9-7 0 Z,64 o?Pda~o 97- G- 8jr2.zr.2. rl PUBLIC HEAR3NG: Appeal No. 1371 - 7:45 P.M. (E.D.S.T.), upon application of Edna Koubek, 24 Champlin Place, East Islip, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, for permission to set off lots with less than 100 foot frontage, and for approval of access over private right-of-way in accordance with the State of New York Town Law, Section 280A. Location of property: east side of Harbor Lane, Cutchogue, New York, bounded north by W. P. Tuthill, east by Eugenets Creek, south by S. Mitacchione, west by Harbor Lane. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. M. TERRY, Building Inspector: We have to have an amendment. The tax book was wrong. The property is bounded south by W. B. Sterling. THE CHAIRMAN: If we offer a resolution that the application be amended, would you agree? MR. KOUBEK: Yes. on motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that application be amended as suggested by Mr. Terry, Building Inspector. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonia, Hulse. THE CHAIRMAN: (Referring to Maps) Is this a sketch of the Van Tuyl survey? MR. KOUBEK: Yes. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. & MRS. KOUBEK: (Indicated they were present to speak for the application). THE CHAIRMAN: Is it your intention to reserve the right-of-way on the northerly border of this property? MR. KOUBEK: The people we sell to won't need a right-of-way because they come in off Harbor Lane. THE CHAIRMAN: I think it would be more satisfactory to the Town if you reserve the right-of-way and don't retain title to it so when you deed this to whoever buys it you reserve access. MR. KOUBEK. In that case I would not need a variance. . r 0 -5- 0 THE CHAIRMAN: We should know what distances you propose. Med. KOMM I have 100 ft. x 250 ft. deep. THE CHAIRMAN: 25,000 sq. ft. Does anyone also wish to speak for this application? (There was no response.) THE CHAIRMAN: In there anyone present who wishes to speak against thin application? (There was no response). M. HULSE: We are granting access, not reduced frontage, (eliminating section 303), equally between two proposed lots. After investigation and inspection the Board finds that the applicant requests permission to divide lot and approval of access to interior lot. The Board finds that the applicant wishes to make two lots facing Harbor Lane, with remaining land facing Eugene Creek as a third lot. This third lot to be reached by private road with access to Harbor Lane. The applicant proposes to build a home on the interior lot (Creek frontage) and sell the two lots fronting on Harbor Lane - a public highway. This will give access to the front lots an the town road and the applicants will maintain access to their home. It is proposed to locate the pri- vate driveway (access) along the northerly line of the property. The Board finds that striot application of the Ordinance would produce practical difficulties or unneoessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED Was. Koubsk, 24 Champlin Avenue, East Islip, New York, be GRANTED approval of access over private right-of-way in accordance with the State of New York Town Law, Section 280A on property located east side of Harbor Lane, Cutohogue, New York. This approval of access is GRANTED subject to the following conditions: 1. The southerly lot on Harbor Lane to be 100 ft. x 250 ft. The northerly lot to occupy the remaining frontage on Harbor Lane, approziisately 103.91 ft. x 250 ft.; both on the northerly lot lines and the southerly lot lines. 2. That the access of Mr. and Mrs. Boubek be reserved over the -6- northerly lot, width 16 feet, from Harbor Lane to the easterly portion of the property, which Mr, and Mrs. Koubsk propose to use for their own residence. Vote of the Boards Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. eeeeeatee PUBLIC HEARING: Appeal No. 1367 - 8:00 P.M. (E.D.S.T,), upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York, a/c Martha Milowski, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 3079 for permission to oonstrnct addition to existing dwelling with insufficient sideyard area. Location of property: north side of Sound Avenue to Middle Road, Mattituok, New York, bounded north by Middle Road, east by G. H. Riley Estate, south by Sound Avenue, went by F. L. Danowski. The Chairman opened the hearing by reading the application for a variance., legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRW3 Is there anyone present who wishes to speak for this application? GEORGE AHEMBs I am the builder. We have a lot that, although it contains over the proper amount of square footage, is only 621 ft. wide. We would like to put on a 10 ft. addition. This will mean it will be encroaching into one side-yard. We would leave a sideyard of 9 ft. 8 in, on one side of the house. Right across the street is Agway. This is a business district which means that a good portion of building can be built up to property lines. We feel that leaving 10 feet on each side of a house would not change thecharacter of the neighborhood,( THE CHAIRMAN: However, the applicant's property is zoned "As. MR. TERRY, Building Inspector: It's across the street from "Bn. THE CHAIRMAN: Does anyone else wish to speak for this applica- tion? (There was no response). MR. BERGEN: I will offer a resolution GRANTING this application and stating that the Board agrees with the reasoning of the applicant. After investigation and inspection the Board finds that the applicant requests permission to construct addition to existing dwelling with insufficient sideyard area. The Board finds that the size of the sideyard would not permit construction of an addition of any useful dimensions; and that there is sBQ business