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HomeMy WebLinkAbout4351 9G zu r/o s r-z G Jr cc~.426 y r ~a 5o Gr2 G~wru~o~~.~ r/per G'ovs~r2ue-. ~AR/~o2T' tdr~-r~ ~NSi.~F~rc~~.?r ~/c'an(r °~i~Y~~ c~ci'r~~9e?z T s2 /f AJ6N- @ox/#=. A eElpl f}Pr°eax ~~o% S~ Z! 1-bT Oil) 777d ' o~~gUFFO(,~co APPEALS BOARD MEMBERS Gy o Southold Town Hall Gerard P. Goehringer, Chairman W 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 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 6, 1995 APPL. #4351. APPLICANT: EDWARD and JEAN ZUHOSKI. LOCATION OF PROPERTY: 18250 C.R. 48, Cutchogue. 1000-96-4-1.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated September 11, 1995. "Insufficient front yard setback as set forth in the Zoning Code ...100-244(B) (on) a nonconforming lot width and area of approx. 25662 sq. ft." PROVISIONS APPEALED FROM: Article XXIV, Section 100-244B. RELIEF REQUESTED: Pencil sketch prepared by applicant shows proposed 12 ft. wide by 10 ft. deep carport extension extending toward the front yard facing a private right-of-way (to the west). The setback for this carport extension is proposed to be 33+- feet, or 10 ft. less than the existing front yard setback from the westerly front property line. This setback would not extend any closer than the existing established setback south towards the adjoining Apadula lot (a/k/a applicant's southerly property line), shown at 17 ft. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: Robert A. Villa, Member RESOLUTION ADOPTED: Granted as applied. REASONS/ FINDINGS: The subject lot is a corner lot of 25,000+- sq. ft. in size with two front yards as defined under the zoning code. The dwelling is established at 35 feet, and the relief requested is approximately 2-1/2 feet (for a 32.5+- front yard setback). Town records show the applicant's dwelling footprint was placed about May 1965 and later (1969+-) assessed as a yearround residence. The variance requested of 2.5+- feet has been deemed the minimum necessary and adequate, and at the same time continues to preserve and protect the character of the neighborhood and the health, safety, welfare of the community. The result does not create an undesirable change or detriment to adjoining properties when built according to this plan. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. _7 GERARD P. GGOEEHR NGE , CHA MAN - ~ 7r;T 171 1'IT.~ 7 BY I igN,93, /D oom.c~ ~f APPEALS BOARD MEMBERS Co~ Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. a a' P.O. Box 1179 James Dinizio, Jr. a ® 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 i NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that 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, NOVEMBER 8, 1995, commencing at the times specified below: 6. 8:10 p.m. Appl. No. 4349 - PHILIP LAGRECA. This is a request, based upon the October 13, 1995 and October 26, 1995 Notices of Disapproval issued by the Building Inspector, in which applicant applied fer a building permit to add a deck to existing dwelling, and received a s- building permit to add an extension at the rear of dwelling. Under Article III, Section 100-32, variances are requested for a reduction in the rear yard setback at 465 Hyatt (private) Road, Southold, NY; County Tax Map Parcel No. 1000-54-01-11. 7. 8:20 p.m. Appl. No. 4350 THOMAS MCCARTHY. This is an appeal for an Interpretation based upon a Stop' Work Order issued on 10/18/95 by the Building Inspector suspending all work for the reason that construction fails to comply with Article XXIV, Section 100-242A and B-1 Page 2 - Supplemen``m-4~ Legal Notice Regular Meeting of November 8, 1995 Southold Town Board of Appeals of the Zoning Code which of sub-section B-1- provides that "A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50$) of its fair value shall ' not be repaired or rebuilt unless such building is ' made substantially to conform" to the ' height and yard requirements of the Bulk Schedule." Location of Property: 375 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8.3. 8. 8:35 p.m. Appl_ No. 3451 - EDWARD AND BEAN ZUHOSKI. This is a Variance requesting relief under Article XXIV, Section 100-244B for permission to construct an extension of existing carport which would be located with a reduced front yard setback on this nonconforming lot (substandard lot area and width). Location of Property: 18250 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-1.1. 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 Bearings will not start befoie the times designated, and are in addition to other hearings. It is recommended that the file(s) be reviewed between 8 and 4 p.m. before (or on) the date of the hearing for an update. If you have questions, please do not hesitate to call 765-1809 or visit our office. Dated: October 30, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN x m / jjj APPEALS BOARD MEMBERS P=p V 444 G~6 Southold Town Hall Gerard P. Goehringer; Chairman 53095 Main Road Serge Doyen, Jr. ®y s EO. 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 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that 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, DECEMBER 6, 1995, commencing at the times 1 specified below: j 7:30 p.m. Appl. No. 4353 HELEN RUTKOWSKI. This is a request,, based upon the November 15, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to add a second story and to convert existing boat facility-accessory building to single-family dwelling use due to prior restrictions under ZBA action #2032 dated 5/1`/75 and #1954 dated 2/27/75. Location of Property: 1025 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-7.2 (and 28.16). Zone District established.. 1/9/89: R-40 Residential. 7:32 p.m. Appl. No. 4352 - PHILIP GIOIA. This is an appeal based upon the November 3, 1995 Notice of 'Disapproval from the Building Inspector in which applicant was denied permission to construct garage Page 2 of 3 - Legaf-tt otice of Hearings Regular Meeting of December 6, 1995 Southold Town Board of Appeals based upon Article IIIA, Section 100-30A.4 (ref. 100-33) which requires a rear yard location. Subject premises is substandard in size and is virtually all front yard due to the existing rights-of-way. Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-6-27. 7:37 p.m. - Continued from 11/8/95: Appl. #3451 EDWARD AND JEAN ZUHOSKI. This is a Variance requesting relief under Article XXIV, Section 100-244B for extension of existing carport which would be located with a-reduced front yard setback on this nonconforming lot (substandard lot area and 'width). Location of Property: 18250 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-1.1. 7:40 p.m. - Continued from 11/8/95 - Appl. #4347 - DORIS KERR BROWN. Relocation of house at less than the required 100 ft. from Sound bluff. 3400 Private Road off N/S Bergen Avenue, Mattituck. 7:45 p.m. - Appl.' of LOUIS MOORE BACON (ROBINS ISLAND) This is an, application based upon the October 31, 1995 Notice of Disapproval issued by the Building Inspector, the grounds for which read as follows: A.2 Boat House, B1.1 Garage, C.1 Recreation Building, E.4 Garage with staff quarters: all exceed 18' height limitation for accessory structures, Article III, Section 100-33A. Page 3 of 3 Legat-Wotice of Hearings Regular Meeting of December 6, 1995 Southold Town Board of Appeals E.1 Family Vacation Home exceeds height limitation of 35 ft. as stated in the Bulk Schedule for an R-400 Zone (as principal building). E.1 ; Family Vacation Home, B.1` Lane House, C.7 Caretaker Cottage, E.4 Garage with staff quarters: One Family "Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals... Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5, containing 434+ acres. 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 are in addition to other hearings. It is recommended that the file(s) be reviewed between 8 and 4 p.m. before (or on) the date of the hearing for an update. If you have questions, please do not hesitate to call 765-1809 or visit our office. Dated: November 17, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT ;k 1y` v 3 ~1.,.'5 SOUTHOLD, N.Y ;u~~! ~i fit= ;k`--.•- ~i.1 i NOTICE OF DISAPPROVAL DATE: SEPT- I1, 1995 EDWARD A. ZUHOSKI To 18250 COUNTY ROAD #48 CUTCHOGUE, N.Y. 11935 PLEASE TAKE NOTICE that your application dated ..,~UGUST 21, 19.95 for permit to 'CONSTRUCT A CARPORT , _ , , , , , , at. J_....... Location of Property .---18250 COUNTY/ROAD #48 CUTCHOGUE. NEW,YORK House No. Street Hamlet County Tax Map No. 1000 -.Section ....96 BLOCK ...-4...... LOT ` Subdivision Filed Map No. .,...--..Lot No-......... is returned herewith and disapproved on the following grounds INSUFFICIENT FRONT YARD AS SET FORTH IN CHAPT. 100-244 (B) FOR A NON-CONFORMING LOT WIDTH AND AREA OF APPROX. 25662 FEET.' ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. DING /INSPECTOR GARY J. FISH RV 1/80 Q ..,,ORD OF HEALTH FORM NO 1 3 SETS OF PLATS „ 19~1F TOWN OF SOUTHOLD SURVEY . . . BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORtl SOUTHOLD, N.Y. 11971 TEL.: 765-1802 t; oT I P'y CALL Examined 14:.. tIAIL :TO: Approved , 19 . Pemnit No Disapproved a)c 1 J~~1~~ (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .:.....::....:::...19... INSTRUCTIONS a. ']'his application must be completely filled in by typewriter orin ink and sub mitted to the Building' Inspector, with 3 ,cts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing locations of lot and of buildings on prerriises, relationship, to adjoining premises or Public Streets )r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ~alian: c: The work covered by this application may not be commenced before issuance of Building Permit: d. Upon approval of this application, the, Building Inspector will issued a Building Permit to the applicant. Such permit ;liall,be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole. or in [rant for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE tothe Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town 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 adinitauthorized inspectors on premises and in building for necessa nspections. (Signature of appl]c or n ne, ff a t ion) (Mailing addres, applicant) State whether applicant is owner, lessee, 'agent, architect, engineer, general contractor, electrician, plumber or builder. ll-1 Ls'Y~Oa Name of owner of premises cS as n tine tax roll or latest deed) , IC applicant is a corporation, signature of duly authorized c ices: (Name and title of corporate officer) Builder's License No. Plumber's License No. - Electrician's License No . Other Trade's License No. . 1l..~ 1. Location of land on which proposed work will be done, . c~~4.... t blouse Number Street arillet County Tax Map No. 1000 Section 9w - . Block -e;l Lot ~ . Subdivision Filed Map No . Lot (Name) t: State existing use and occupancy of premises and intended'•use and occupancy of proposed construction: a. Existing use and occupancy . . . , b. Intended use and occupancy - . - - 3. Nature of work (check which apt'-^)ble): New Building Add,., il~f9~~Alteration Repair ' Remov'al....... . Demolition Other Work j _ (Description) 4. Estimated Cost 0&. Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing strictures, if any: Front Rear. ; Depth . Height Number of Stories . Dimensions of same structure with alterations or additions: Front Rear . Depth Height , Number of Stories i . 8. Dimensions of entire new construction: Front Rear Depth . Height Number of Stories 9. Size of lot: Front . Rear De pth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . 13. Will lot be regraded Will excess fill be, removed from premises: Yes - No H. Name of Owner of premises Address Phone No........ . Name of Architect Address Phone No....... , . Name of Contractor Address Phone No............... . 15. Is rhis property within 300 feet of a tidal wetland? *Yes........ No......... *If yes, Southold 'Pawn Trustees Permit may. be required: PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimepsions from property lines. Give street and block number or description accordaig to deed, and show street names and indicate whether. interior or corner lot. i PA i W9 F. rfift&1 ,.N aayy Pwic State of Airs'1's:~, I Btu. i Su?23,. SaFF~ik aF;a~y ~ l'ermf;z~eastiap31.t3 e~7 STATE Ol- NEW YORK, S.S . -OUNrY OF . , . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) Bove named. le is the (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly autliorjzed to perform or have performed the said work and, to make and file.qris 'pphcation; that all statements' contained in this'applicationssare true to the best of his knowledge and belief;;and that tjie fork will be performed in the manner set forth in the application filed therewith. worn to before me this .......................day of.... ................,19. lolary Public, County ...7 (Signature of a pplicant) r /~2-a30 fo,rn P=Cn- CCT J 995 TOWN OF SOUTHOLD, NEW YORK Souihold Town Clerk APPEAL FROM DECWA N OF BUILDING INSPECTOR APPEAL, NO. DATE TO THE ZONING BA OF APPEALS, TOWN OF 5 THOLD N Y lJK? 1, (We) f?..of~...s~ Name Of ppel)ont Street and Number U . ...i.e D. .....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.... DATED i WHEREBY THE BUILDING INSPECTOR DENIED TO NamLofA lica t for pe it of ~ .Ca ¢ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( VJ ( T , L Z d 9 9 o-i,- 1. LOCATION OF THE PROPER Z~94.i...C~ !g.,..,.. Street /Ham)etf/ Use District on Zoning 'Map District 1000 Section 9~ Block 41 Lot I / rent Owner Map No Lot No. Prior Owner .rr 6 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Articl' S tion, Sub- section and Paragraph of the Zoning Ordinance by nu er. Do not quote the Ordinance.) Article Section f ti-0 t Lj_ 3. /TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( %J A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) -os not 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 o variance and was made in Appeal No ..............Dated REASON FOR APPEAL ( AA Variance to Section 280A Subsection 3 6v ,A Variance to the Zoning Ordinance is requested for the reason that ~~c e / c51 (/J V C~ Form zBL (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces - c sory HARDSHIP because ,n I 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 n Zr Cl J.rzrZ-~ Y1 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because , STATE OF NEW YOwICf ss COUNTY OF Sfgn;ur g py2` ..'day of 19 S~ Sworn to this { £L/:..cLl~................ YPubii48tateof<NewYwk Nota(Y Public No 624624771 Cua6Hed In Suffolk CoumyLL~~A Commission Expires Nov: 80,1 R.,CSr . a j G y~ o ~ Q Cs i O r b I Z ~ . t: N p C 4J} 0 e p S , ts! ,4 2 4 ~ O' e ° ~ r N Z ,tom G G ~ v p ~ z ~ -m -n n ! 61 6) PO Me Z Z v W E A ; . 7 f CIQ 77 70 1!~ M > C's t s _ i r a it -i i p (n ¢a I p " - n ; m m O W - ~p I j~Q~ ~S T 7 3 ~ O7 9 I p I) p p tl 7 I 3 3 w I I I~ 11 " I i m I y~ 29 s C' I 1ta If ' I Gj I o t j w w J \ LIU IIEE G I I Vk s I ^ I ~ X r~a. V~l i/fl j 1 ' I t t 1 ~I „}r I N ~ p N + Iv ~ rt 3 I ~ I o o s I O " I I I ~ r J I I r- 7; 71 ~I I , 1 i. 777- _ " +J v _ w„k:. t,i`i s" b ,.Ig o§xq?. to a dx*.{~,Egti~.. sfl `T:. ~I•. N$i'k,$L COUNTY OF SUFFOLK JAN-3 . ROBERT J. GAFFNEY _ SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING December 28, 1995 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. ADDlic"sl / M mi final Fil N„mhPr( v Zuhoski, Edward & Jean 4351 Gioia, Philip 4352 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:pk kISD4351.ZN1 220 RABRO DRIVE ¦ P.O. BOX 5100 ¦ HAUPPAUGE. LONG ISLAND. NY 11788-0099 ¦ (818) 883-5192 FAX (518) 8534044 ~~gOFFO(,~~, APPEALS BOARD MEMBERS N o Southold Town Hall Gerard P. Goehringer, Chairman 4 53095 Main Road Serge Doyen, Jr. A P.O. Box 1179 James Dinizio, Jr. '~Oj Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk Cotmty Ada=astrative Code, The Board of A=eals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccmmi.ssicn: XX Variance from the Zoning Code, Article XXIV Section 100-2446 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: q g1 Applicant: Edward and Jean Zuhoski Location offfected Land: 18250 C.R. 48, Cutchogue, NY County Tax Map Item No.: 1000- 96-4-1.1 Within 500 feet of: Town or Village Boundary 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 Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to construct carport .•ith ineuffirieni+ front Yard epthark on a nanrnnformin9 lot width and area of approx. 25662 sg i. ft. Copies or ,own rle and related documents enclosed for your review. Dated: December 14, 1995 APPEALS BOARD MEMBERS tiy~ Gy Southold Town Hall Gerard P. Goehringer, Chairman u°y y- T 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 December 13, 1995 Mr. and Mrs. Edward Zuhoski 18250 C.R. 48 Cutchogue, NY 11935 Re: Appl. No. 4351- Variance for Extended Carport Addition Dear Mr. Zuhoski: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today concerning your variance application. A copy of this determination has been furnished to the Southold Town Building Department pertaining to your former building permit application request. Also, due to the proximity of this project within 500 feet of a waterway, State or County Road, we have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. It is expected that the County Department of Planning will "pass" its determination for a local (Town) determination. In the interim you may follow-up with the Building Department staff on your former building permit application to determine if any other information (or fee) is needed for reactivation of the building permit request. The Building Department may be reached directly at 765-1802. We all wish you and your family a very happy, safe and healthy holiday season. Very truly yours, Linda Kowalski Enclosure cc: Building Department Suffolk County Dept. of Planning 10s<pA Fen ~cnl f~, JUDITH T. TERRY y` Town Hall, 53095 Main Road TOWN CLERK C4 Z P.O. Box 1179 W Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O • MARRIAGE OFFICER Fax(516)765-1823 1 Phone (516) 765-1800 RECORDS MANAGEMENT OFFICER Tele 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 DATED: October 30, 1995 RE: Zoning Appeal No. 4351 - Edward E Jean Zuhoski Transmitted herewith is Zoning Appeal No. 4351 of EDWARD AND JEAN ZUHOSKI for a variance. Also included is: Notice of Disapproval from the Building Department dated September 11, 1995 with copy of application attached; Notice to Adjacent Property Owners; ZBA Questionnaire; Short Environmental Assessment Form; and plans. 0 • provides.thal,:A nonconforming build- . ing containing a conf i ming case which has-been damaged by fire w other causes to the extern of mote than fifty percent (50%) of its fair value shall not i STATE OF NEW YORK) ,I be repairedortebmltunless sucfilrwM- i ) SS: ~ ne' ax" to rgnt yard regmrements ofdw' COUNTY OF SUFFOLK tn ) Bulk Schedule Location of Property: ' NOTICEUVREARING& ,375 King-Street..New.Suffolk,._NY ~/I NOTICR15 HEREBY GIVEN, pur- County Tax Map Parcel No: 1000.117- I , I A wwwfff of Mattltuck, assn[ to Section z67oLthcTbarnLaw 7B3 „ In said County, being duly swo , says that he/she Is and the Code of the 7bwtr of Southold, ' &-i App6. No-:3451 - that the following applications will be EDWARD and ]SAN ZUHOSKL Principal Clerk of THE SUFFOLK TIMES, a Weekly held for public-hearings bdbm,_dm This is.a_yariancn.regnesting..mlief SOUTHOLD-.TOWN BOARD OF ' under Article Xk1V 5:T nIND-2448 Newspaperr, ppublished at Mattltnck, In the Town of APPEALS; arms SoothohLIbwn Ha1L - for permission to consumer an exten- Southold, County of Suffolk and State of New York, 53095 Main Road; Southold,,Nm sionofexisting carport wbkkwouldbe and that the Notice Of which the annexed 18 a York 11971,._ on WEDNESDAY, located with a mducW front . yard set-_ NOVEhffl R8,1995•commencingat beck on this ~ntb,mu,s'lot(sad printed copy, has been regularly published in said the times specified below: - standard lm area and width). Location, 6. 8:10 p.m. Appl. No. 4349 - of Property:.. 18250 County Road 48,, Newspaper once each week for weeks PHILIP LAGRECA.-This is a re- " Cutchogue, NY County Tait Map. successively, commencing the day of quest, based upon the October 13, 1995 Parcel No. 1000.96-0-I 1. - and October 26,.. 1995 Notices of - The Board of Appeals will. at said ~ or Ww Disapproval "issued. by the Building time and place bear any and all persons. Inspector, in which applicant applied or representatives desiring to Ix heanl • for a building permit to add a deck to in the above applications Written com- existingdwelling, and received a build- meets may also be submitted prior to mg permit ar add an extension at the the conclusion of the subject haring. - rear of dwelling. Under Article DI, The above. bearings will not start; CHIIISTINAVOUNM Section 100.32, variances are request- before the times designated, and are in•. Nomy Fdit stab of Nasf uk ad for a reduction in the mar yard sat- addition to other hearings. It is recom- ft 66004884 dpel Clerk back at 465 Hyatt. (private) Road, mended that the f le(s) be reviewed O"Wad In SuNoNt Southold; NY County 71x. Map Parcel between 8 and 4 p.m. before (or on) the Expilw1 ttOYS20M f No. 1000.5401-11. . date of the heating for an update. If you L~ 7. 8:20 p.m.. AppL'No: 4350 - have questions. please do not hesitate THOMAS:MCCARTHY. Ibis is an. to call 765.1909 or visit our-office. Notary Public appeal for'=Interpretation based upon Dated: October 30, L995. - a Stop Work Order issued on 111118195 - BY ORDER OF THE SOUTHOLD' by the Building Inspecmrsuspmding - TOWN BOARD OF APPEALS all work for the reason that consmuo- GERARD P..GOEHRINGFR Sworn tto~~JL' 1' z7' / T+Jbefore nmee 'y1/(is' ~ lion fails m comply with Athe - ~ day Of ! L_ Section 100-242A and B-1 of f the 8540-M2 Zoning Code which at sub-section B-1 APPEALS BOARD MEMBERS ~O~O$OFfO(~ CO h py Southold Town Hall Gerard P. Goehringer, Chairman c a 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~1j O` Fax (516) 765-1823 Lydia A. Tortora Ol * ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 31, 1995 Mr. and Mrs. Edward A. Zuhoski 18250 County Road 48 Cutchogue, NY 11935 Re: Appl. No. 4351 - Variance for Extension of Carport Dear Mr. and Mrs. Zuhoski: Please find enclosed a copy of the Legal Notice sent for publication by our office in this week's newspaper(s). An owner or someone who is familiar with the property should attend the public hearing (not later than the time specified) for your application in order to answer possible questions. We have furnished a poster for placement by you (facing the roadside of the house) where it can be easily seen. After the sign has been posted for at least five days, please sign and return the enclosed "Confirmation of Posting to our office," or bring it the night of the public hearing. If you have any questions, please do not hesitate to can either MaryAnn, Noreen or me. Very truly,, yours, da Kowalski Enclosure BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of EDWARD AND JEAN ZUHOSKI ------------------------------------x CONFIRMATION OF POSTING I, residing at being duly sworn, depose and say: That on the day of October, 1995, I personally posted the property known as "18250 C.R. 48, Cutchogue, NY" by placing the Town's official poster Notice on the front of the dwelling facing the street where it can easily be seen, and that I have checked to be sure the poster has remained in place for at least five days prior to the date of the public hearing (date of hearing noted thereon to be held November 8, 1995.) Dated: November , 1995. (signature) Town of Southold Bulk Schedule for Residential Districts (Added 1-10-89 by LL No. I-19891 Column No. is v of vS is z xi xii Residential Unit Where Community 2-Family Detached District A-C R40 R-80 R-120 R-200 R-400 Water and Sewer Dwellings in R-80 Minimum Requirements for 1-family detached HD RR RO Available District dwellings' Lot t width (square feet) 80.000 40.000 80,000 120.000 200.000 400.000 20.000 20.000 40.000 10.000 175 150 175 200 270 270 75 75 150 1627000 Tat depth (feet) 250 175 250 300 400 400 120 120 175 60 270 S Front ide yard yard (feet) 60 50 60 60 80 400 Bide 20 15 20 30 60 60 36 35 50 80 60 S Both side side yards rds (fact) 30 30 15 15 15 15 30 Rear yard (feet) 45 35 45 60 60 60 30 30 35 30 60 Livable floor area (square feet per dwelling 75 50 75 85 100 100 35 35 50 30 85 850 850 850 850 850 850 850s HO gyp 860 850 Maximum permitted dimensions: [At Coverage (percent) 20 20 20 10 5 5 25 25 20 10 Building height (feet) 26 35 35 35 35 35 35 35 35 35 35 35 Number of stories 2X 2% 2% 2%, 2% 2% 2V, 2% 2% 2% 2% NOTES: ' See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. Except one-bedroom or studio in multiple dwelling may have six hundred (600) square fact Minimum floor area may be reduced up to two hundred (200) for moderato- and/or lowercmt dwellings. ' Except one-btdmom or studio in multiple dwelling may have six hundred (600) square feet 2.25-89 § 100-243 SOUTHOLD CODE § 100-244 § 100-244 ZONING § 100-250 § 100-243. Nonconforming buildings with nonconforming uses. tat Yard Area Width Depth Front Side NO, Sidre Rear A. A nonconforming building containing a nonconforming use (Mare feat) coverage (feet) (feet) Ifeet) (frro (feet) (feet) shall not be enlarged, reconstructed or structurally altered or 20.000 20% too 140 40 15 35 50 moved unless the use of such building is changed to a 40,000 conforming use. teas than 20% 80 too 35 15 25 35 20.000 B. A nonconforming building containing a nonconforming use C. In the case of single and separate ownership of a nonconform- which has been damaged by fire or other causes to the extent ing lot located in a subdivision plat, approved after April 9, of more than fifty percent (50%) of its fair value shall not be 1957, by the Planning Board of the Town of Southold and filed • repaired or rebuilt unless the use of such building is changed with the County Clerk of Suffolk County, relief for all front, to a conforming use. side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. § 100-244. Nonconforming lots. A. This subsection is intended to provide minimum standards for § 100-245. Repairs and maintenance. granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Notwithstanding any of the foregoing regulations, nothing in this Article and that were singly and separately owned as of the Article shall be deemed to prevent normal maintenance and repair of effective date of this Article. any building or the carrying out upon the issuance of a building B. A nonconforming lot separately owned and not adjoining any permit of major structural alterations or demolitions necessary in the interest of public safety. lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, § 100-246. Involuntary moves. • or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this Sections 100-241A and B and § 100-243A, herein are not intended chapter, provided that proof of such separate ownership is to apply to involuntary movements of uses or structures as a result of submitted in the form of an abstract of title showing the condemnation actions or other litigation. changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly ARTICLE XXV licensed to examine and ensure title to real property in Suffolk Site Plan Approval County and shall contain a certification that no contiguous [Added 1-10-89 by L.L. No. 1-1989] property -was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such § 100-250. Purpose. lot shall be granted relief for front side and rear yard dimensions as follows: The purpose of this Article is to standardize procedure for review of site plans and requirements for site plan applications regardless of district. 10144 2.25. N9 10145 2.25.89 (1) All lots shown on minor s sion maps which have been granted sketch planroval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. The bulk and parking requirements for two-family dwellings set forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the ollowing lots: ii) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. a 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-19901 in the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory 10050 s l buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen i la) feet in height. B. Setbacks, etb b [Amended 7-17-1990 by L.L. No. 14-1990, 2-5• 1991 Y L.L. No. 2-19911 (1) On lots containing u twenty thousand (20,) square feet, such buildings hall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20 000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy- nine thousand nine hundr ~ feet, such buildin ninety-nine (79,999) square feet from any lotg nehall be sot back no less than ten (10) (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line., l JOSEPH FENTON ATTORNEY AT LAW 'Q~ 300 JACKSON STREET NOV Y NEW SUFFOLK, N. Y. 11956 (516) 734-5099 -0(f FA :(S16) 73A-S 136 November 9, 1995 Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold Southold, N.Y. 11971 Re;Appl. No. 3451 Dear Mr. Goehringer: Mr. Edward Zuhoeki, at last night's hearing, stated that the Building Department was requiring him to locate the proposed new car port 17 feet from his southern property line. If he does this and removes or demolishes so much of the old car port, whose entrance now abuts the Apadula property, so that its southern extremity lines up with the new car port, the Apadulas can have no objection whatsoever. This is what was contemplated when they took title to their property from Mr. Zuhoeki and his brother in December of last year. The Apadulas will be pleased if the Board would grant the variance on this basis. tb. i L - ~6 ! L old \1 41 XV. 1 car right now car ports port way to be removed 174 it / I. ZUHOSKI I APADULA S cerely, ! J J geph on cc: Apadula Zuhoeki ~s LICSQSE AG~R SMENT ~a~ AGREEMENT made this 23rd day of December, 1994, between EDWARD A. ZUHOSKI, JR., residing at (no Middle Road, Cutchogue, New York 11935, hereinafter referred to as "Zuhoski" and FRANK A. APADULA, JR. and MONIKA APADULA, his wife, residing at 655 Leslie Road, Cutchogue, New York 11935, hereinafter referred to as "Apadula". WHEREAS, Zuhoski is an owner of real property on the southerly side of Middle Road (C. R. 48), Cutchogue, New York (SCTM #1000-096.00-04.00-001.001)1 and WHEREAS, Apadula is about to receive title to property immediately south of property of Zuhoski, by deed dated December 23, 1994 from Edward A. Zuhoski( Jr: and 3ggggh 3: Zahofki (SCTM #1000-102.00-01.00-001.004) and is to be recorded in the Suffolk County Clerk's office, which shares a common boundary line with Zuhoski; and WHEREAS, Zuhoski has constructed a gravel driveway and a fenced woodpile which is located over the common boundary line and encroaches on the northerly portion of property to be transferred to Apadula all as shown as the Map of Property surveyed for Frank & Monika Apadula, prepared by Roderick an Tuyl, P.C., dated Dec. 19, 1994, a copy of which is attached hereto as Schedule 1; and WHEREAS, the parties to this agreement want to specify their rights and obligations regarding the gravel driveway and fenced woodpile. NOW, THEREFORE, in consideration of the premises and reciprocal promises herein contained it is mutually agreed between the parties as follows: . 1. Zuhoski makes no claim to any property southerly of the common boundary line which is described as "N. 59° 14' 10" E. 183.46 feet". 2. Zuhoski represents he will remove the fenced woodpile which is southerly of the aforesaid common boundary line on or before January 31, 1995. 3. Zuhoski represents he will remove the gravel driveway which is southerly of the aforesaid common boundary line and relocate same on his property north of the common boundary line on or before June 30, 1995. 4. Apadula agrees to close title and to accept the aforesaid deed to property located at 18216 County Road 48, Cutchogue, New York (SCTM 41000-102.00-01.00-001.004) and consents that the fenced woodpile may remain until on or before January 31, 1995 and the gravel driveway may remain and be used until on or before ®Ru?/Dia~ Zo~/oS,rl <Bctj 71i' roll OF 02,S0u "CrG o //uus4,) F/veH June 30, 1995 /t"~' ~Sca~~ ,~cco~a.r- w/rh, ~lU~.Bxo ~ J.przn~lrv+~,oi-vy 5. In the event Zuhoski wrongfully refuses to remove the woodpile and remove and relocate the gravel driveway which encroaches on the property to be transferred to Apadula, Zuhoski shall be liable for any attorney's fees incurred by Apadula in connection with any action, by litigation or otherwise, which Apadula undertakes to obtain the removal of the fenced woodpile and gravel driveway which encroaches on the property being transferred to Apadula this date. 6. Zuhoski shall indemnify Apadula for any and all liability for personal injuries, property damage, or for loss -2- of life or property resulting from or in any way connected with the conditions or use of the premises covered by this License. .7. Zuhoski hereby makes no claim of any right, title or interest in Apadula's property by way of adverse possession, easement, lease or any other means, nor has Zuhoski ever claimed any such right in the past. 8. It is agreed between the parties that the License is extended as a personal accomodation to Zuhoski by Apadula and not by reason of any consideration given by Zuhoski to Apadula. 9. The making, execution and delivery of this agreement by Zuhoski has been induced by no representations, statements, warranties or agreements other than those herein expressed. This agreement embodies the entire understanding of the parties and there are no other or further agreements or understandings written or oral, in effect between the parties relating to the subject matter hereof. This instrument may be amended or modified only by an instrument of equal formality signed by the respective parties, or their assigns. 10. This agreement, and all its terms, covenants and conditions shall be binding upon and inure to the benefit of the parties hereto, their legal representatives, distributees, successors and assigns. ar Zuhoski, J . A rank A. Apadu a, Moni ka Ap duly _z_ STATE OF NEW YORK: . ss. COUNTY OF SUFFOLK: On this 23rd day of December, 1994, before me personally came EDWARD A. 2U80SKI, JR. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary c yMHARD F.IARK No.74= - C=M W M E~inMup.Sbt STATE OF NEW YORK: ss. COUNTY OF SUFFOLK: On this 23rd day of December, 1994, before me personally came FRANK A. APADULA, JR. and MONIKA APADULA to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. is N NaT=8W*dtWft ComaMtla:6tpMo ~ n,1Di6 -4- M/DOLE eOAD C. 2. 4B Corm. fa Ahelis c.~.~ Map of peopam F2ANlG OMN A < i I Ccrr~ TOWN! Qp~ S TNOW, N. ZUNOSKl. J¢. I I to i r i ~ , Ill 5 ~ I hf. 59~/4~10 E. 4.3 !88.46 2V1 /l n ~ y(I'~ 1~ Qfe ',I ~ _ _ grav.~. • 7:1• fGnfld IC ~ ~ N ~ W • llpa'd , Miiw o , . I o . to f ~ a m ~ -rxo, < i 5.59'N"/O"w, /8S7H r r 0174 cps zu"OsAv, j2. try, - Cii•~r BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the tition of C GQz{rry NOTICE TO to [he Board o eats (the own n( Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN 1401 ICE: 1. TI intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Varian (Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is t subject of the Pe to_n is I cat d ad,'fa~ent to you( property and is des- cribed as follows: ] g 5 ()~A 1 a„ c~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 chat b~ such Petition, the undersigned will request the following relief: t6 A, c32~ - 5. That the provisions of the Southold Town Zoning Code applicable tp the relief sought by the under- signed are Article Section / b-Z) [ ] 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) 7~5-1609. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that your or your representative have the right to appear and be heard at such hearing. Dated:/ 3 D 5" Petitioner Owners'Names Pmtrice ress Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTicE ATTACH CERTIFIED MAIL RECEIPTS AM ADDRESS 1 t ` P-393 888 043 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for international Mail See reverse St & Num P St office, St , & ZI Code Postage $ Certified Fee .:I Special Delivery Fee Restricted Delivery Fee rn Retum Receipt Showing to Whom & Date Delivered .n ReNmR to Whom, Q Dat T & es $ m co) E ark to C ' E ccr y a ! f N ~O STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: C2 residing at in-0 t.4 being duly sworn, deposes and says that on the of of 9 2 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 as}cssment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- flc <-w# an c r' r7 U ; that said Notices were mailed to each of said persons by (ccrtificd) registered) ma W. Sworn to before me this ~p day of (oc_t'~-n 6P/ 19 UNDA F. KOV,,A - n~n Cz crZL,L n Notary Puw1k state of anr York Notary Public GwiffieeyM~ 771 Carrmleakn 1*iroe Nov. 1ly Y (This side does not have to be completed on form transmitted to adjoining property owners.) RECEIVED Out OCT 3 0 995 S TOWN OF SOUT11OLD, NEW YORK Southold Town Clerk APPEAL`FROM DEC)SlQN OF BUILDING INSPECTOR APPFAL,NO. - DATE ........:.................r.. TO THE Z O--I/IN..G~BQ ,5D OF APPEALS, TOWN OF SSOGUTHOLD,`N Y..~ 1, (We) ~6` . 1.!y•1t'k~....of Name of ppel ant Street and Number VU 1..ck-`t .....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 it Name of A lica oforpeM of ~z.~t..~.... Street and Number nicipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY at ' 'Y1..- e l .i1t c~ f~ 9ti~.._i..7tJ~J l~i.+..~./•~ 0 9 I X5- ^,.2ty 1, LOCATION OF THE PROPER0 .0!L.X..~ JL Street /Hamlet / Use District on Zoning Map District 1000 Section n Block q Lot/,/ irrent Owner t Ma No. Lot No. Prior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Artiel S tion, Sub- section and Paragraph of the Zoning Ordinance by nu--'-r. Do hot quote the QaWWce.) Article Section JU-0- 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( i-) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 67. Cons. Lows Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) as 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 a variance and was made in Appeal No .................................Doted REASON FOR APPEAL ( ) AA Variance to Section 280A Subsection 3 (vI A Variance to the Zoning Ordinance Is requested for the reason that fbrin zat o ~;>:t ~`r4*;` (Continue on othei side) - • r REASON FOR APPEAL Continued t t ' i ' ' t ~'nK STRICT APPLICATION'OE ORDINANCE wo'ul, d 'produce practical difficulties ,or u7n~nesr sary HARDSHIP. because S :::~r'f9tr? i I1C.., t2(: I i. 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 Lf > J . l/-~ ..a.. (((JJJ t: 1 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF,THE DISTRICT because l STATE OF NEW YORK COUNTY OF Sl~G`OLIC) ss Sign ur Sworn to this ......,6~... fF --U.. day of..... 19 l.~ h. f~ •.1 •.~.o•rINDAF KO t~I 19-S ;iM'T Nor~ry. Public awitn~edm45247il vat` Commbelea ~mi 39 0 q/ .4 /f•to r Y4)-kAAL.,nIra - STATE•NEW YORK) Le ft'1 Please do not hesitate to ) x11763 , l or visit our offices Dated: November'I 77995 COUNTY OF SUFFOIX ) NOTICE OF HEARINGS NGS :4 BY ORDER OF THE NOTICE IS HEREBYi GIVEN, SOUTHOLD TOWN BOARD Pursuant to Section 267 of the Town OFAPPEALS Of Mattituck, Law and the Code of the Town of ' GERARD P. GOEHRINGER Southold, that the following appli- CHAIRMAN In bald County, being dilly awOtL, that he/she Is cations will be held for publlb:lumr- 8559-ITN23 Principal Clerk of THE SUFFO IMFS, a Weekly Ings before the SOUTHOLIYTOWtJ' Newspaper, published at Mattituck, in the Town of BOARD. OF APPEALS, at the 'Southold Town' Hail= 57095 Main Southold, County of Suffolk and State of New York, Road, Southold, New York 11971; on and that the Notice of which the annexed Is a WEDNESDAVj DECEMBER 61 1996, commencing-ai the times speci- pritnted copy, has been regularly publis~ed In said sees below: Newspaper once each week for weeks 7:30 p.m. Appl. No. 4353 -.HE- LEN RUTKOWSKI. This. is'a"so-'. sucC i ely, comma Ci on the 4Z day of quest, based_uppoon the November 15. LV 1995 lding In i11 the he Building Inspector, in which appli- cant was denied a building permit to add a 'Second story and to convert existing boat facility-accessory build. ing to Single-family dwelling use due , to prior restrictions under ZBA action a1aamN"aa111 #2032 doled Ulm and #1954 dated' ~ jMM " Principal Cl 2/27/75. Location of Property: 1025 Gull Pond Laney' Greenport, N.Y.; Ovewied in County Tax Map Para) No@IB00.35•,;, ConMldsgoa Ea r s Awa=W lishe (and 26.16). Zone District eateb lihed IN/89: R-40 Residential. tt~---~I~AII 111 I I L l/ I /l F'.h d 1 P/' 7:32 p.m. Appl. No. 4352 Notary PUb11C PHILIP GIOIA. This is an appeal based upon: the November 3, 1995 ?.J Notice of Di(itpproval.Jfrom the Building Imlkctdf IdvrhlcBipolle n Sworn to ore me th was denied permtaxon'to conairuc , garage based upon Article IIIA day of Section VIW which requ11es14 f1' ation. -i Subject premises 'Is substandard in k sin and is virtually all front yard due to the existing rights-of-way. Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Pascal No. 1000.128-6-27, r..., 7:37 p.m. " Continued 'From -11/8195:,Appl.,#3451"~-J'BYWARD and JEAN. WHOS4I:i'Th1r'is-a Variance .requesting "relief.. under Article XXIV, Section 100-2449 for extension of existing carport which' would be located with a seduced front yard setback on this nonconforming.... lot (substandard lot area and width). Location of Property: 18250 County. Road 48,. Cutchogue,. N.Y.- County Tax Map Parcel No,1000-964-1.1. 7140=jl:M?^~''"'Ctlnlihued from 11/8495 - Appl. 44347 DORIS, KERR BROWN. Relocation of house at less than the required 100. B. from. Sound bluff. 7400.. Private,Road. off N/S Bcrgen.AYenue, Msuituck., 7:45 p.m::.:. Appl. or -LOUIS MOORE BACON (ROBINS IS- LAND), This Is an Application based upon the October 31, 1995. Notice of Disapproval issued by the Building. _i 'Inspector, the grounds for which read as follows: ; - A.2 Bwt.. House, B L 1.Ouagc, C.1 Recreation ,.Building, EA Garage(: Whh „stef(j quarter:`: all,, ekdeed'>111 helghi ilmliwlao'ibr accessory structures, Article III, - Secuoo.100.33A, 'f I E.1 , t11athlly y Vacatioa Home exceeds keighi'liinhatiou of, 35 8. as stated in the Bulk Scheduk'for . an R-4W Zone (m principal build-. ing). E.l Family Vacation Home, B.I Lane... House,, C.7 ..Caretaker Cam blal84. Garage; Wilh; staff, quarilbOne Fimily bevelling not to exceed one (I) dWelling on each Im under Permitted uses in'an;R. - 400 Zone: Actions required by the Zoning Board of Appeals .LoeattonrorPf~lfIgK1106r'II!'l land-1 near North Race of Omai. pecomc Bay, Town of Southold, N.V.o County .1 Parcel ID No. Roo-134-3-5, contain. ing 4343 acres, 4~. The Board of Appeals Will at said time and place bear any and all per. Sons m representatives desiring to be heard in the above applications. Writlen.,commehts may, also be Sob. mined Our Ib the conclusion of the subject hearing. The above hearings will not start before the times dcsig- noted, Rod ate in addition to other hearings. It is recommended that the file(s) be reviewed between B and 4 p.m. berme (or on) the date of the hearing for as urinate, if ymr PL -v& 1 ~ j - ....Cb.:c.1{„,-4..I~. eel cA P•`a~o,c~ju:x_,,=ray i 44 P c-y. Slr f1 " (((.1 E 1, lit t a7 I- o It ,J y~ - I ~ 1 1. V Ili ~ ~I ' I Q-y N NI r I M I 9 1 o L 41 s I - 1 _ . _ . L s \VV'I .a : uY l) is id 351 1 C IYI r, J w. I.". ~ -I w I JF. ti r I hi.l'r ~ a~~l~f " . I '~y~. I ~ y r 0 0 BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of EDWARD AND JEAN ZUHOSKI ------------------------------------x CONFIRMATION OF POSTING I, , residing at being duly sworn, depose and say: That on the 30 1CP-day of October, 1995, I personally posted the property known as "18250 C.R. 48, Cutchogue, NY" by placing the Town's official poster Notice on the front of the dwelling facing the street where it can easily be seen, and that I have checked to be sure the poster has remained in place for at least five days prior to the date of the public hearing (date of hearing noted thereon to be held November 8, 1995.) Dated: November , 1995. ('signature) talO•a I?UST-:eat t2 61711 SEC R PaoJE~. LD, auMBER I Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTE7 ACTIONS Only PART I-PRO.IECT INFORMATION (TO be completed by Applicant or project sponsor) 2. PROJECT rNAME I PPUGNT /SPONSOR L, C! 3. PROJECT LOCATIO Cnunry MuniciDallh i n., PRECISE LOCATION tract ermine atw nte, iMMaGlntli momMatn lamm~araa. 0[n. a< atW Wa . S. Is PROPOSED ACTION: r-~ GI Naw spanainn ll ManlRnatlaNaltaratlrn d. DESCRIBE PROJECT 3RIEPI.Y: 1. AM nT OF LAND AFB CTED: acres Ultlmatmv eon nnlmrv EXISTING ZONING OA UTHEi ~CISiiNG LAND USE RESRICIONS? d. WILL PROPOSEDD ACT:CN COMPLY WITH QYaa QNO It N4 naacntw wady ' 9. WNAT 15 PRESENT LAND USE IN VICNITy OF PROJEC" Q Pv Fare5VOean seaca Q Ctner UrRmwwttm ~I -Inausmal L-: COmmarWl ~:Agrnanturo ` GazemUic 10. CUES CC•ION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMAM. FROM ANy OTHER GOVERNMENTAL AGENCY IFCIE9AL rATE OR LOCAL? Q yea Q NO It ym list alaN:ytal Uld OfantlVDaarO'Pt 11. CUES ANy ASPECT OF THE Ac.~.:V HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? QYaa L_ N It yam !Mt agency ^ * ann ommNaDOrnvm IZ• AS A RESULT OF PROPOSED AC71CN WILL EXISTING PEAMITtAPPROVAL REQUIRE MODIFICATION? QYn QNe I C--FMFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE 3EST OF My KNOW" a I aatr./ n, Z D C ADOticanusoon I _ _ 1 I Signmure: it the action i5 in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER i (Continued on reverse Side) The N.Y.S. Environmental Quality Review Act requires submission of this fora, and an envircnmencal review will Le made Ly tzis LOard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTROC:IONS- (a) In order to answer the questions that is this short EAF it is assumed the prepares 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 FMvi.rpnmental Assessment Pozen is necessary. (c) If all questions have been answered No it is likely that project is not sign.i.f i.cant. the (d) Environmental assessment 1. Will project result in a large physical change to the Project site or physically•altar more than la aces of land? _Yes 2. Will there be a major change to any unique or unusual land fora on the site? - _Yes ?,vo . 3. Will project alter or have a large of=act on an exis.iug body of water? Yes 1/!l0 4., Will project have a potentially large impact an groundwater quality? Yes __10 5. Will project significantly of=ect drainage flow - on adjacent sites? Yes ?o 6. Will project affect any threatened or endangered - plant or animal species? _Yes ?o 7. Will project result in a major adverse effect on air quality? Yes tiWa~ 8. Will project have a major effect an visual char- acter of the community or scenic views or vistas )mown to be impQ;;Zt = the community? Yes lam. 0 9. will project adversely i=act.aay site or stract- ura of historic, pre-historic, or paleontological . importance Or any site designated as a critical envi.rCnMental area by a local agency? Yes • 10. Will project have a major effect on existing or future raceationa1 QVportpnities? _Yes __40- ' 11. will project result in major traffic problems or cause a major effect to existing transportation systems? Yes 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the projects operation? yes ~Ko 13. Will project have any impact on public health or saEetv_? -Yes _J.yo 14. will project at2eet 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 the -Yes ?.PS character of the community or neighborhood? 15. Is there public controversy cnnceroinq the project? _Yes ?reparer,s Signature- ZZA emreseinq: Oace• . . a 9/-7's' QUESTIC_lWAIRE FOR FLING WITH YOUR Z.B.A. APDLICITTON A- Please disclose the names of the owner(s) and anv Other individuals (and entities) having a financial interest in the subject pre-.wises and a description of their interests: ( arate sheet y be c ed ) H. Is the subject prem-i listed ea the real estate ma-tez =Or - sale or being shown to prospective biers? { } Yes ( v}' No. (if ?PSG 2]l ua era A_t J=h ==7 df 19 of Ie C- Are theme a37 7Z=PcsaL3 I= Chza z1'- ge i 1 ad C^ { } Yes { No ' D. 1. Are there any areas which cant=jn wetland grasses? ~ 2. Are the wetland areas shown On the map subtted with ` this anolication? 3- Is the prcpext y bulkh~eza d -netWeea the we+lamds area and the unlaced building area? 4_ If your property contains wet Arcs or pcad areas, have YOU contacted the Office of the Tows =Stees for its determination of jur_sdic ;ien? y yi 61 E_ Is there a depression or sloping elevation near the area of nrOPosed constr`sc~iea at Or below five feet above mean sea level? -CQ -b) (If act applicable, state "N.A. " ) F. Are there any patios, Concrete barriers, fix.'-',,heads or f°nr ev which a-_s;.. and are not shown On the serves man submitting? If that you ar_ 4- ~'Y I~ none exist, please smote "-acne-" Cl- Do you have any coast=action taking place at this time concerning vour premises? Of !our building pe_ lit and J n sIf Yes, Please submit' a corv _ by the Bu__d_ag Depa " ent_ If acme, please stateapproved J7J DO You or any cc-Owner also own other lard close to this parcel? If Yes, please e_Y-=lain where , ' Of deeds_ or s _z.t c^p'es 2lea list present use Or Operations CC^.d,,,tnd at t_-4s OdrCel proccSed use and AuC :C r'_CCC 5 - daG Da- f f § 47-I3 WETL.UMS § 47-I3 TOWN - The Town of Southold_ T3USTEES - The Board of Trustees of the Town of Souti:aid- CAdded 64-84 by L.L. No. 6-13841 Nc%[Amended 8-25-76 by r_r 7o. 2-197--: 3-2&- 85 by L I No. 5-19851: i1DAL WETLADIDS. (1) All lands generally covered or intermittently cow ered with. or which border on. tidal waters. or lands lying beneath tidal waters. which at mean low ride are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh. swamps, meadows. tl= or other low lying lands subject to tidal action: (2) All banks. bogs. meadows, cats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following' salt bay. black grass. saltworts. sea lavender, toll corcizzass. high bush. cattails. groundseL m=mh=--it..w and law _ l1~lTwI•~ThT.•1R r (3) All land immediaie~TY djacenr.x a tidal x~tland a ; defined in Subsection A(2) and lying within seven- ty-tlve (7$) feet landward of the most landward edge of such a tidal wetland. " 8. ~•==Scifi;;TE3. WETL.~:iDS: (1) "Ic- shwater wetlands- as defined in Article 22. Ti- tle I. § 2:4)107. Subdivisions I(a) to I(d) inclusive. of t`-- Environmental Conservation i--w of the State of \e%v Tor ; and (2) All (and immediate!v adjacent co a eshwater wet- land- as defined in Subsection B(I) and lying %vich- in seventy-five (75) feet landward of the most land- n•ar-: edge of a -fresnnacer wetland." . 9705 _ _s-as