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HomeMy WebLinkAbout4083 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4083. Application of LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for approval of fence exceeding the maximum four-foot height requirement in the front yard area and located along the northerly side property line. Location of Property: 1475 Home Pike Road, Mattituck, NY; also shown on the "Map of Point Pleasant," filed in the Suffolk County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres of total lot area); County Tax Map Parcel No. 1000-114-1-15.1. WHEREAS, a public hearing was held on March 5, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is requesting approval of the placement of a stockade fence in the front yard area extending from the front property line in an easterly direction approxi- mately 185 feet (along the northerly side property line. 2. The premises in question contains a total lot area of approximately 88,900 square feet - as shown on the set-off map approved by the Southold Town Planning Board on August 18, 1982 (for Parcel 01). This parcel is located in the R-40 Zone District and has a frontage (lot width) along Home Pike Road of 121.14 feet. Access to this property is over Home Pike Road, a private road, which was the subject of a conditional 280-A approval under New York Town Law rendered September 39, 1982. 3. The subject premises is improved with a two-story frame house situated approximately 185 feet from the front (westerly) Page 2 - Appl. No. 4083 Decision Rendered March 5, 1992 Matter of LEONARD AND DONNA SCHLAGEL property line, and 15.5 feet from the northerly (side) property line at its closest points. 4. Article XXIII, Section 100-231 of the Zoning Code provides that: Fences ... within five (5) feet of the property lines may be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front lot line, the same shall not exceed four (4) feet in height. B. When located along side and rear yards, the same shall not exceed six and one-half (6-1/2) feet in height. C. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. 5. The fence area which is the subject of this variance application is that area located in the front yard, along the side property line, extending approximately 185 feet in length. The fence area beyond this front yard area does not require a variance since the height will conform to subsection B of Section 100-231. 6. It is the position of the Board in considering this application that: (a) the circumstances related to the land and building are unique - the minimum requirement in an R-40 Zone District for the front yard setback is 50 feet, and the principal dwelling as exists is set back more than three times the minimum requirements, increasing the size of the limited front yard areas; (b) requirement, feet~; the relief is substantial in relation to the being a variance of 50% {from four feet to six (c) the relief as granted will not be an increase in use density and is intended for screening and privacy purposes; (d) the relief, as alternatively granted, is not unreasonable and is due to the uniqueness of the property as noted previously; Page 3 - Appl. No. 4083 Decision Rendered March 5, 1992 Matter of LEONARD ANDDONNA SCHLAGEL (e) although there is an alternative for appellants to pursue, the appellants' request is not unreasonable and is practical under the circumstances; (f) the variance, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY the relief as requested for a six foot fence the entire 185 ft. length, and BE IT FURTHER RESOLVED, to GRANT an alternative permitting the following fence height relief: (1) the first 24 ft. extending easterly from the front property line (at Home Pike Road) have a gradual reduction in height from the six ft. height to a height of 4'6" {for better visibility for vehicles exiting the premises). (2) there be no extensions for fencing along or within other front yard areas above four feet (only that as granted for the northerly {side} property line in the front yard area). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER/ CHAIRMAN / RECEIVED AND FILED THE SOUTHOLD ~,~" ;" ........ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, James Dinizio, ,Ir. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on THURSDAY, MARCH 5, times specified below: 53095 Main Road, Southold, 1992 commencing at the (1) 7:30 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Page 2 - Legal Not Hearings for March 5, 1992 Southold Town Board of Appeals (2) 7:35 p.m. Appl. No. 4083 LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for approval of fence exceeding the maximum four-foot height requirement in the front yard area and located along the northerly side property line. Location of Property: 1475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 Icontaining 2.563 acres pf total lot area); County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No. 4071 - JOSEPH F. BARSZCZEWSKI, JR. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty (30%) percent of the total lot area. Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerning the site plan regulations applicable for this nonconforming lot. Location of Property: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic Bay Estates, Lot No. 176; County Tax Map ID No. 1000-53-2-9. (4) 7:50 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for Pdge 3 - Legal Notic~ Hearings for March 5 , 1992 Southold Town Board of Appeals approval of open porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. (5) 7:55 p.m. Appl. No. 4074 - AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Section 101B(12) and Section 100-102, Bulk, Area and Parking Schedule, for permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. (6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE and MARILYN CENTONZE - regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map Parcel No. 1000-140-2-11. Applicants, as contract vendees, are requesting: Page 4 - Legal Notic~ Hearings for March 5 , 1992 Southold Town Board of Appeals (a) Appl. No. 4082 - Variances to the Zoning Ordinance, Article VII, Section 100-72 for approval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a professional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each use in this Residential-Office (RO) Zone District is 40,000 sq. ft. This lot is nonconforming as to area and width. (b) Appl. No. 4081 - Special Exceptions to the Zoning Ordinance, Article VII, Section 100-71B(2 & 7) for permission to establish first floor professional dental office, as permitted by Section 100-71B(2), and a second floor apartment not exceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). (8) Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of an addition, for storage purposes only, having an insufficient setback from the westerly side property line. Subject premises is a nonconforming lot located in the Light Business (LB) Zone District. Location of Property: North Side of County Road 48 and the Westerly Side of Kenny's Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. Page 5 - Legal Noti~' Hearings for March 5, Southold Town Board of 1992 ~ Appeals (9) Appl. No. 4068 - ELEANOR SIEVERNICH. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking Schedule, for approval of the upland area of proposed Lot ~1 (79,449 sq. ft.) and proposed Lot #2 (74,568 sq. ft.), and for approval of the insufficient width of proposed lot #2 (73.37 ft) along Cox's Neck Road {a/k/a Cox Lane}. This project is a Minor Subdivision Application also pending before the Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5, containing a total of 3.765 acres. The Board of Appeals will at said time and place hearing any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 2/14/92: L.I. Traveler-Watchman, Inc. Times-Review Marie Ongioni, Esq. (Attorney for Michael Herbert) Mr. and Mrs. Leonard Schlegal Mr. Joseph F. Barszczewski, Jr. Paul A. Caminiti, Esq. (Attorney for Mary C. Brennan) Mr. Garrett A. Strang, R.A. (for AMAC, Inc. and Centonze) William D. Moore, Esq. (Attorney for Future Screw Machine/Hufe) Anthony Salvatore, Esq. (Attorney for E. Sievernich) Individual Files and Board Members FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL / __ Date../..~..~..,~. ............... , ~o z.~.~.~.~~..~~ ....... .vy.~~.~..v~. ~~ PLEASE TAKE NOTICE that your ann ication dated / House ~o. ' ............ Stree[ ' ~ ..... H~/~ County Tax Map No. I000 Section ... Z~.' .... Block ..... ~Z ..... Lot ..... Subdivision ................. Filed Map No ......... ' ........ Lot No ........ ' .......... is returned herewith and disapproved on the following grounds ..~...~~.~ ~ , ~- '-'; .............. ~.. .~~ ..... ~. ...... ~.<~~ ........................... .... ..... ' ..... ~~ ....................... ~'~~ -- RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~) DATE ../..T./.~.~ ............... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ........... of Name of Appellor~J ' Street and Number .... /~.~-.~..~.-~-'' /.~.- ................................................................... . .-/~..;...~.-'. ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... District 1000 Section/F/ Blockoi Lot~ C re - ....................................... "~ .......................... tJ.. ur n~ Owner Map No. 'Lot No. Prior Owner WHEREBY THE BUILDING INSPECTOR DENIED TO po 7 b. Le t. ............................. .............. ~[;;~;' of Appl~dnt for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) I.OCAIION OF THE PROPERTY ........................................................... Street /Hamlet / Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Articl~r~77-- Section /OO-2.~/ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~,'~ 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) (~as no~ 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 Appea! No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ('/) A Variance to Section 280A Subsection ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that (_~t ~t~ '~.1~ Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATIO~ OF THE ORDINANCE would produce practical difficulties or unneces- p sory HA~RDSHIP b,ecouse, O~-' /qo~-S~._ ~lO,.O_~.r~r~-~-~ ~ gon~ ~ 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 0~"~. l OCo~J~-for'~ O~Z'"~f-~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE[ DISTRICT because. C)dF-hO,_r~ b~T~Dpe~ Ok.xDFleK~ O,~l~o h~ STATE OF NEW YORK ) ) COUNTY OF ~.~,"-~- ) SS S,q~ do of '~ o Sworn to this ..~....~'.~ ........... Y ...................... ~'"'"~................ : 9 ~ ~ , , ~ ~'-~. ' -~"~-------~ ~ ~ ._ ~' ~ ~-~'~'~-k._ I~ e ~, - //~'--/- ~'"/ TOWN 'OF-SOUTHOLD_ PROPERTY REI:ORD CARD OWNER STREET R~. ~Z~ S~S. VL ~ FA~ COMM. CB. MISC. Mkt. Value ~DIN~ CON ~;ed' ' / FAR~~ Acre Value Per / 'V~lu~ Tillable I Tillable 2 Brushlan$ FRONTAGE ON ROAD /. House Plot DEPTH ~ ~ BULKH~D Total DOCK M. Bldg. Extension Extension - I:xtens~on Porch Porch Breezeway Garage Total Foundation 3asement F. xt. Walls Fire Place Type Roof ~ecreation Room Dormer Driveway Bath / ~. Floors ~ Interior Finish ~'. ~ , Heot ~ ~', ~/.~. Rooms 1st Flor R~ms 2nd Floor Dineffe LR. DR. BR. FIN. B. -'~ ............ LAND OF FALZOM t'IA'FTIT LIC kf. ] P, ir4.0~, SUBD VI.; ON : t'"'fAD~"' ' ........ t:..b P. 1 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN ITtLL SOUTItOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFOt%MING PREMISES THIS IS TO CERTIFY that the /'~'/ Land /_~ Building(s) -- Use(s) located at 1600 Private Road #21 (Home Pike Road) August 26, No. Z~1878 Mattituck Street Hamlet shown on County tax map as District 1000, Section 114 , Block 01 Lot part of 5, does{not)conform to the present Building Zone Code of the Town of Southold for the following reasons: l'and has insufficient area and width. 1983 On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /Z/Land /2/Building(s) /Z/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and .may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFrW. D that, based upon information presented to the Building Inspe~to_r's' Office, the occupancy and use for which this Certifi- cate is issued is as follows: one-family dwelling. * · The Certificate is issuedto CHARLES P. & N'INA ZIEGLER of the aforesaid building. (owner, ~e s se~ xrr-terca-at) Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises I-LiS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the B~uilding Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable c'6dea ~nd regula- tions. *NO BUILDING PERMIT MAY BE ISSUEDONGRANTED UNTIL~c~d APPROVAL OF ACCESS HAS BEEN PER ZIEGLER'S APPEAL ~;3025, SEPTEMBER 30, 1982. Buiidi~g Inspector ...... "k '~ i~ y~ ....... ,"~ '.. TOWN OF SOUTHOLD PROPERTY RECORD CARD ,///, ~'~ '~ ~, I OWNER STREET VlL,LAGE DIST. SUB. -' ~ S W ~PE OF BUILDING ES. ~ / o S~S. V~ FA~ COMM. CB. MISC. Mkt. Value " ' - ~NO IMP. TOTAL DATE RmARK~ AGE BUILDING CONDITION N~ f NOR~L BELOW ABOVE FAR~ Acre Value Per Value Acre vompland FRONTAGE ON ~ATEE r~shlond FRONTAGE ON ROAD rose Plot DEPTH M. Bldg. Foundation Extension Extension Extension Porch Porch Breezeway Garage Patio OoB. Total Basement Ext. ~'o s Fire Place Type Roof Bath Floors Interior Finish Heat Rooms 1st Floor Recreation R. oom Rooms 2nd Floor Dormer Driveway ]nette DR. IBR. FIN. B. ;ARY FLANN£R OLSE~'I COUNSELLOR AT LAW AFFIDAVIT Re: Charles P. Zieg]er ~, STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) Charies P. Ziegler, being duly sworn, deposes and states and follows: That I am the owner of house described on Suffolk Ccunty Tax Map as 1000 - 114 -'1 - Part of #5. I believe that said house was constructed prior to the issuance of Certificate of Occupancy.'and has been used for many years as a residence and is, in my opinion, suitable for single residential purposes. Charles P. Zie~gler~ Sworn to before me this day of Ju]y,,~983 NOtary Public Gary F~LANNER OiSEN COUNSELLOI~ AT LAW July 26, 1983 Re: Ziegler Certificate of Occupancy File #3505 Dear Mr. Fisher: As per our conversation, I am returning your Notice of Disapproval. I am simply looking for a pre-existing CO for the house located on Parcel 1. Very truly yours, GFO:mew Enclosure Town of Southold Building Department Town Clerk's Office Southold, NY ]190] Attention: George Fisher - /¢ ~EY /,.4AP ,! FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ......................... : ...... To ........ County Tax Map No. 1000 Section ..... /./...~ .... Block ......... l .... Lot . ivision ................. ~ No. ~ .~.. ~... Lot'No.~:'~ .... is retu~ed herewith and disapproved on the follow~g grounds, r .'..~...~..~~.. Build~ Inspector '''t'':/ , · ~' ~1"' ' ' .: · · ' "'/; ' ' ) ..~.~..3 &3____ PLEASE TAKE NOTICE that your apphcat~6n'datede .... ;~,~t,;~ ........... 19 ....... .......... .......... [ .....,..../~ ........ ~ ..... [ ........... ~. ,:~ , Locati°n of Property ......... :'.~7.~... ~.( ~e. ~[... ((~(n ~s~ NO. ' Street ~ Ham/et APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZ[O, JR. Southolcl Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I,, N.Y. llCJ?l TELEPHONE (516) 765-1809 March 3, 1989 Rudolph H. Bruer, Esq. Main Road, P.O. Box 1466 Southold, NY 11971 Re: Appl. No. 3317 - Thomas Perillo (Variances) Dear Rudy: /~ This letter will confirm that the followinq action was taken, by the Board of Appeals at our Special Me~ting held February 9, 1989 concerning the above application: RESOLVED, that the improvements as inspected by Chairman Goehringer and Member Dinizio, to the existing right-of-way extending from Westphalia Road to the premises of the applicant, Thomas Perillo, (1000-114-1-7, BE AND HEREBY ARE APPROVED AND ACCEPTED TO BE IN COMPLIANCE with this Board's decision, conditions No. 2(a) through (d) under Appeal No. 3317 rendered February 14, 1985. This resolution was unanimously adopted. Copies of this letter are simultaneously being transmitted to the Building Department and Planning Board for their record. Yours very truly, lk CC: Linda Kowalski Board Secretary Building Department Planning Board Southold Town Board of Appeals -5- February 14, 1985 Regular Meeting PENDING DECISION: Appeal No. 3317: Upon application for THOMAS PERILLO, c/o Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 fo~ approval of insufficient area and width of parcels in this proposed division of land located at Silkworth Road and Home Pike, Mattituck, NY; District 1000, Section 114, Block l, Lot 7. The board took the following action: WHEREAS, the public hearing on the appeal application of THOMAS PERILLO, Appeal No. 3317, was held on February 14, 1985, and all ~ny from said hearing have been taken into consideration by each board member in making these findings and determination; WHEREAS,~ at said hearing, there was no opposition given in the record; and WHEREAS, each of the board members have viewed and are familiar with the premises in question and its surrounding area; and WHEREAS, determination: the board made the following findings of fact and 1. The property in question is located in the "A-80" Residential and Agricultural Zoning District; 2. The property in question is identified on the Suffolk County .Tax Map as District 1000, Section 114, Block 1, Lot 7, and is shown on survey map dated May 30, 1984 as vacant property of a total of 3.1974 acres; 3. Article III, Section 100-31, and Bulk Schedule of the Zoning Code, requires a minimum area of 80,000 sq. ft. and minimum lot width of 175 feet for each proposed parcel of land established subsequent to June 10, 1983 (date effectuated); 4. Parcel #1 is proposed to be 1.5323 acres (66,746± sq. ft.) consisting of Part of Lot 19, and 20 of a former 1916 subdivision of "Point Pleasant," having frontage along Home Pike Road of 144.20± feet and an average lot width of 248.10 feet, with frontage along Darby's Branch of Mattituck Creek of 352± feet (along a tie line). 5. Parcel #2 is proposed to be 1.6651 acres (72,531 sq. ft.) consisting of Lots 17, 18, and part of 19 of the former subdivision Southold Town Board of Appeals -6- February 14, 1985 Regular Meeting (Appeal No. 3317 THOMAS PERILLO, continued:) of 1916 of "Point Pleasant," and having frontage along Home Pike Road of 80± feet and an average lot width of 150± feet with frontage along Darby's Branch of Mattituck Creek of 260± feet (see survey dated May 30, 1984). 6. In viewing the area, the board finds: (a) the neighboring parcels to the west to be of a size similar or smaller than that proposed by this application, varying from 44,000 sq. ft. and greater for area, and from 80' lot width and greater; (b) the relief. is the minimal available under the circumstances. 7. The right-of-way in question is private and is pending acceptance by this board as to anticipated improvements in accordance with the September 30, 1982 decision of this board under Appeal No. 3025, pursuant to New York Town Law, Section 280-A. In considering this a~peal, the board also finds: existing will not That(the ~elief requested is minimal; That this propJsed'is consistent wi~h those parcels generally in the surKounding neighborhood; That there will be no Jffect on population density and thereby effect available governmental facilities; 4. That there is no substantial'changJ in the character of this area or a substantial detriment to adjoining properties; 5. That the circumstances are unique; 6. That the relief requested cannot be obviated by another method feasible to appellant other than a variance; 7. That in view'of the manner in which the difficulties arose, justice will be served by allowing the variance, as~' conditionally noted below. £ NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, the Matter of BE AND HEREBY that the relief requested under Appeal No. 3317 in THOMAS PERILLO as shown on survey dated May 30, 1984), IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:· 1. That there'6e division}; 2. New York Town no further lot size Law, Section 280-A, reductions (no further concerning conditions as Southold Town Board of Appeals -7- February 14, 1985 Regular Meeting (Appeal No. 3317 THOMAS PERILLO, continued:) imposed by this board involving the subject right-of-ways, extending from Westphalia Road and along premises of the applicant, as follows: (a) Commencing from Westphalia Road and extending along the premises in question: Il] a minimum width of 15 feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of two inches;. (b) Commencing from Silkworth Road and extending along the premises in question:. £1] a minimum width of 15 feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface shall be excavated to permit the application of packed blend to a depth of four inches; (c) 'Where the terrain of the land over which such access roads are traversed is such that drainage problems may occur, the applicant and/or owners shall be required to construct such drainage facilities as may be recommended by this board; (d) That this access road must be maintained at all times in good satisfactory condition as stipulated above for access by.emergency.vehicles; (e) That this access road be approved, after notification, by the Board of Appeals as to meeting the above requirements. Location of Property: Silkworth Road and Home Pike Road, Mattituck, NY; lO00-114-1-7. Vote of the Board: Douglass and Sawicki. of all the members. Ayes: Messrs. Goehringer, Doyen, Grigonis, This resolution was adopted by unanimous vote Southold Town Board of Appeals -10- September 30, 1982 Regular Meeting (Set-Ups for 10/21/82 continued:) Appeal No. 3036 - Appeal No. 3037 - Appeal No. 3038 - Appeal No. 3040 - Appeal No. 3041 - Appeal No. 3042 - Appeal No. 3044 - Appeal No. 3029 - Ralph and Jane Armbrust Martin and Alma Suter Michael and Annette Collins Joseph D. Burruano, Esq. Peter R. McDonnell Andrew and Katy Pafitis Nicholas W. Ippolito- North Fork Bank & Trust Co. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3025. Upon appliCation .............. ~ _~ by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article II, Section 100-23(C) and Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to locate buildings with insufficient setbacks as exist on the premises due to the proposed location of the subdivision lines and for permission to retain garage use of building on Lot No. 2, and for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Property: Home Pike Road, Mattituck, NY; Subdivision Los No. 12, 13 and 14 as shown on Map of Point Pleasant No. 270; Suffolkf County Tax Map Parcel No. 1000-114-1-5. The public hearing on this application was held on September 9, 1982, at which time the hearing was declared closed, pending additional research and deliberations. The board made the following findings and determination: By this appeal, appellant seeks: (a) permission to divide the entire 3.5-acre parcel into two parcels, Parcel 1 having an area of 89,000+- square feet with a road frontage of 121.14 feet, and Parcel 2 having an area of 44,000+- square feet with a road frontage of 80 feet radius; and (b) approval of access over private roads known'a~ -~ Home Pike Road, extending 519 feet over Silkworth Road, and extending further approximately 499 feet to Westphalia Road. The access roads in question are shown to have a minimum width of 30 feet. Existing on the land in question is a large one-family house on Parcel 1 and a garage structure in disrepair on Parcel 2 set back 12 feet from the southerly sideyard line and slightly forward of the front of the house on Parcel 1. The premises in question front along Mattituck Creek and approvals have been obtained from the N.Y.S. Department of Environmental Conservation under Permit No. 10-82-0185. For the record, it is noted has approved this subdivision as of the Code on August 18, 1982. that the Southold Town Planning Board a "set-off" pursuant to Section 106-13 It is the opinion of the board that to deny the relief requested Southold Town Board of Appeals -il- (Appeal No. 3025 - Decision for Charles p. September 30, Regular Meeting Ziegler, continued:) 1982 would result in practical difficulties to the applicant in that: (a) there is more than 40,000 square feet of land area applied to.each parcel and without a frontage variance, a division would not be possible; (b) the structure on Parcel 2 is existing and is located with reasonable setbacks from all property lines, and without this variance, the building would have to be removed; (c) this access is the only way feasible to this property, and is also utilized for access to other parcels along this route. In considering this appeal, the board determines that the variances requested are not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the vari- ances no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variances requested, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3025, application of CHARLES P. ZIEGLER be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the building existing on Parcel 2 at the time of this determination and as shown on the Amended Map of 8/31/82 shall not be considered a principal structure or dwelling. In the event that at any time in the future this building on Parcel 2 is to be used, reno- vated or occupied as a principal building, the same must be moved so as to conform with all front, side and rear yard requirements of the code for principal buildings. 2. That no sideyard variances shall be granted for any dwelling erected on either of these two parcels. 3. That the access roads to these parcels shall be improved in the following methods: (a) Commencing from Westphalia Road and extending approxi- mately 499 feet along Silkworth Road: [1] a minimum width of fifteen feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of two inches; (b) Commencing from Silkworth Road and extending approxi- mately 519 feet along Home Pike Road: [1] a minimum width of fifteen feet and [2] such minimum 15-foot width shall be surfaced with a Southold Town Board of Appeals -12- September 30, Regular Meeting (Appeal No. 3025 - Charles P. Ziegler, continued:) 1982 minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; 4. Where the terrain of the land over which such access roads are traversed is such that drainage problems may occur, the applicant and/or owners shall be required to construct such drainage facilities as may be recommended by the Town road engineer; 5. That this access road must be maintained at all times in good satisfactory condition as stipulated above for access by emergency vehciles; 6. That this access road be approved by the Board of Appeals or Town road engineer as to meeting the above requirements; 7. That this variance is subject County Planning Commission pursuant to Suffolk County Charter; to referral to the Suffolk Sections 1323, et seq. of the 8. That this variance is subject to approvals from the N.Y.S. Department of Environmental Conservation and the Southold Town Planning Board; 9. That no certificate of occupancy shall be issued for these premises or for the construction of any buildings or structures, or for existing buildings or structures on these premises, to which this access is referred until all of the conditions set forth herein have been complied with. Location of Property: Home Pike Road, Mattituck, NY; Map of Point Pleasant Subdivision Lots 12, 1'3 and 14; Suffolk County Tax Map Parcel No. 1000-114-1-5. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. DEPARTM£NT OF PLANNING COUNTY OF"SUFFOL~' ROBERT Jo ~E~ SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DJRECTOR OF PLANNING March 30, 1992 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) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Schlegel, Donna 4083 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner (516) 833-5t92 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Purst~nt to Article ~ of the SuffoLk County Acl~st-rative Cc~e, The Board of ~pe~ls of the ~ of Southold, New York, here_by refers the following t~ the Suffolk C~)t~nty PlarmJ_ng Cum~tssion: XX Variance from the Zoning Code, Article xxIII , Section 100-231 __ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Comments: Appeal No: 4083 Applicant: Donna Schlegel Location of Affected Land: 1475 Home Pike Road, Mattituck, NY County Tax Map Item N0.: ]000-114-1-5.1 Within 500 feet of: _ ;Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) 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 Applicant is requesting permission..to construct a 6' fence in front yard Copies of Town file Dated: 3/20/92 and related documents enclosed for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD March 20, 1992 Mr. and Mrs. Leonard Schlegal 1475 Home Pike Road Point Pleasant Mattituck, NY 11952 Re: Appl. No. 4083 - Fence Variance Dear Mr. and Mrs. Schlegal: Please find attached a copy of the Board's findings and determination rendered concerning the above application. Please be sure to return to the Building Inspector's Office for issuance of your fence permit or other approvals which may be necessary in this project. A copy of this determination has also been furnished this date to the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Suffolk County Department of Planning Southold Town Building Department Page 3 Public Hearing Southold ZBA 3/5/92 Appeal # 4083 Applicant (s): Leonard and Donna Schlegal Location of Property: 1475 Home Pike Road, Mattituck, NY County Tax Map No. : 1000-114-1-5.1 The Chairman opened the hearing at 7:35 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a survey indicating the approximate placement of the fence, which is basically on the northerly property line running from a distance on top of the hill, or just below the bluff to the private road. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would l~ke to~be~-heard? You are Mrs. Schlegal? Would you like to use the mike and say something? There is nothing you would like to say for the record? Can we ask you a question? MRS. SCHLEGAL: Yes CHAIRMAN GOEHRINGER: Now I am going to ask you to stand up and use the mike. You can just stand up, you don't have to use the mike okay. Can you tell me why you need the fence 6 (six) feet in height past the house? Meaning from the house to the private road. MRS. SCHLEGAL: There has just been a house built very close to the proximity of our property, which is about fifteen (15) feet from our property line and it is quite an invasion of privacy besides there is a lot of rubbish and barrels and every other kind of thing, it sort of reflects on the property. CHAIRMAN GOEHRINGER: Okay, this is done after they have completed the house? There is still debris there. MRS. SCHLEGAL: Well they have ab oat there with big plastic tarps and you know little by little there is more and more things of garbage collect- ing. It hasn't gotten any better. CHAIRMAN GOEHRINGER: I was up there. This was the original older house that was on this lot and then the lot was divided. It that correct? MRS. SCHLEGAL: Right. CHAIRMAN GOEHRINGER: Okay. I am trying to think of the prior owners names. I am not being s~uccessful, it doesn't really make any difference. Now, one lot away from yours to the north there is a 6 foot fence which encompasses almost the entire piece of property. The slatted fence. Right. MRS. SCHLEGAL: Right. CHAIRMAIN GOEGHRINGER: And actually blocks the Right-of-Way, so that you have to stop at your neighbors property, turn around, you couldn't Page 4 Public Hearing--Schlegal Souhtold ZBA 3/5/92 proceed all the way through the loop and all the way back right around. MRS. SCHLEGAL: No. It doesn't proceed through as on the map on the Suffolk County map. CHAIRMAN GOEHRINGER: We will see if it generates any questions from the Board. Let me Just ask anybody. Is there anybody here that would like to speak in favor or against this application.. MR. SCHLEGAL: One other thing. Part of the reason for the fence, because of the lay-out of the properties in that area, we are all adjoining the creek, we are facing the creek. The rear yards are backed up to the creek. And there is no real place for storage or anything behind them because of the bluff areas. So basically you don't have any choice but to keep any boats or garages or cars or parking to the front yards of the houses and that was the main reason for putting the fence up. It is just to offer privacy to both neighbors and ourselves. Because you really can't put stuff down on the beach. He does have a boat there, I'm sure he will have cars and whatnot. CHAIRMAN GOEHRINGER: Am I pronouncing your name right? Schlegal. For the record just let the person who is transcribing this know that this is Mr. Schlegal speaking. Thank you sir. Is there anybody else that would like to speak either pro or for or against this hearing. Seeing no hands, we will ask any Board members have questions after viewing this property. Anybody have any specific problem with it, MEMBER DINIZIO: Yes. The dog wouldn't let me on the property. CHAIRMAN GOEHRINGER: The dog wouldn't let you on the property. That is a specific problem. Hearing no further questions, I make a motion closing the hearing, reserving decision until later. MEMBER DINIZIO: Second. Ail in favor - Aye. Members: Grigonis, Doyen, Dinizio, Villa. (Transciibed by tapes recorded on 3/5/92) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Jarlaes Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD March 5, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4083 Project/Applicants: Leonard and Donna Schlegal County Tax Map No. 1000- 114-1-5.1 Location of Project:1475 HomePike Rd., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of fence exceeding the m~ximum four-foot height requirement in the front yard ~rea 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 II 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. mc NOTICE IS HEREBY ~ EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public bearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road,/ Southold, New York 11971, on , THURSDAY, MARCH 5, 1992 specified below: (1) 7:30 p.m. Appl. No. 4075- MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zong. District is 20,000 per unit/us~.' ming for the existing principal uses having a total lot area of 20,129+ sq. ft. Location of Pro- perty: 795 Pike Street, Mat>/' tituck, NY; County Tax Map Parcel No. 1000-140-2-23. /~ (2) 7:35 p.m. Appl. No. 4083- LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for ap- proval of fence exceeding the maximum four-foot height re- quirements in the front yard arca~', and located along the northerly' I side property line. Location of Property: !475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916' as Map No. 720, filed LOt Nos. 13, 14, and part of 12 (contain- ing 2.563 acres of total lot area);~' County Tax Map Parcel ID No. I000q14-1-5.1. (3) 7:40 p.m. Appl. No 4071- JOSEPH F. BARSZCZEWSKI, JR. Variances to the Zoning Or- dinance, Article XXIV, Section I00-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot (30%) percent of the total lot area. Applicant/owner is pro- posing to located a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approi'al from the Southold Town Planning Board concerni~)g the site plan regula- tions applicable for this noncon~, forming lot. Location of Pro- petty: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic ,,, Tax Map ID No. (4) 1:50 p.m. Apph No. 4084- MARY C. BRENNAN. Variance to the Zoning Or- dinance, Article ILIA, Section I00-30A.3, for approval of open// porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and 1o~ I depth at 71.41 feet. Location of Property: 319 Champlin Place, ! Greenport, NY; County Tax I Map Parcel No. 1000-34-3-41. (5) 7:55 p.m. Appl. No. 4074- AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Or- dinance, Article X, Section 10lB (12) and Section 100-102, Bulk Area and Parking Schedule, for/' permission to establish retail sales of packaged food and non- food items as usually found in a convenience store, as an ac- cessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is/ nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. (6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE andJ MARILYN CENTONZE -- regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map Parcel No. 100-140-2-11. Applicants, as contract vendees, are requesting: (a) Appl. No. 4982- Variances to the Zoning Ordinance, Arti- cle VII, Section 100-72 for ap-./' proval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a profes- sional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each usej in this Residential-Office (RO) · Zone District is ~40~000 ~ ft. ' This lot is nonconforming as to area and width. (b) Appl. No. 4081- Special Exceptions to the Zoning Or- dinance, Article VII, Section 100-7lB (2&7) for permission to establish first floor professional dental office, as permitted by~,~ Section 100-71B(2), and a cond floor apartment not ex- ceeding 750 sq. ft. livable HourI area, as permitted by Section! 100-71B(7). (8) 8:15 p.m. Appl. No. 4076- FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Or-,,~ dinance, Article VIII, Section 100-82 for approval of an addi- tion, for storage purposes only~ having an insufficient setback from the westerly side property line~ Subject premises is a non- conforming lot located in the Light Business (LB) Zone District. Location of Property: North side of County Road 48./ and the westerly side of Kenny's Road, Soothold, NY; County Tax Map Parcel No. 1000-59-7-33. (9) 8:20 p.m. Appl. No. 4068. ELEANOR SIEVERNICH. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking,,,// Schedule, for approval of the upland area of proposed Lot #1 (79,449 sq. ft.) and proposed LOt ~ (74,568 sq. ft.), and for al~ proval of the insufficient width of proposed lot ,q2 (73.37 ft.) along Cox's Neck Road (a/k/a Cox Lane). This project is a Minor Subdivision Application also pending before the~ Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-113-8-5, con- mining a total of 3.765 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 80 matters. Written comments may,.~ also be submitted prior to the .conclusion of the subject hear- lng. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWN~ BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN I By: Linda Kowalski IX-2/20/92(4), I COUNTYOF SUFFOLK STA'I'I:. OF N[-"W YORK Pa'tricia Wood,' bcing duly sworn, says that shc is thc Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Soud~old, in Suffolk County; and Ihat the noticc o1' which the annexed is a printed copy, h.,s hcen j~ub shed in said Long l~lnncl 'l'r;~vclt'r-Walchm;m once t'nch week for. ............. / weeks successively, co,m'nencing on the .......... .~'~..~..~ ....... .~,.v(u'n h)heror¢ me Ihis ~' ~( .' .................... day of ~ebruary ~92. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sl,~te o[ New York rio. 480G846 Qualilied in Sullolk Co~JntyI Commission Expires NO'~CE L511ER~BY GiVEN,pur- suant to Section 267 of the Town Law and the Code of the Town of will be held for public hearings OF APPEALS at the Southold Town llall, 53095 Main Road. Southold, New york 11971, on TIIURSDAY,/ MARCll 5, 1992 commencing at (1) 7:30 p.m. Appl. No, 407.5 -- M1CIIAEL IIERBEF-T- Vartane'~~/~t (hearing reconvened). For perm~s- sion to establish business sales of- an owner-occupied two-family dwelling with manager's quatlcrs. The lot ama applicable to each u in this llamlet-Business Zone Dis- trier is 20,000 per unit/usc. Thc lot as exists is nonconforming for the tel lot area of 20,129+ sq. fL Loca- Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. ~'(2) 7:35 pm. AppL No. 4083 -- ! LEONARD AND DONNA SCIILF.- / GAL. Variance to thc Zoning Ordi- / nG~ncc, Article XXIB, Section 100- 231, for approval of fence exceed- ing the maximum four-foot height and located along the northerly side property linc. Location of Prop- erty: 1475 llomc Pike Road, Matti- uck NY )also sh,own on thc "Map · of Point I leasant' fi ed in he Suf-~ folk County Clclk's Off icc on May 17, 1916 as Map No. 720. filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres pf total lot area); County Tax Map Parcel ID No. 1000-114-1-5.1. O) 7 40 p.m. AppL No. 4071 -- IOSEPII F, BARSZCZEWSKI. J Variances to thc Zoning Ordinance, Article XXIV. Section 100-244B,/ for permission to reduce setbacks. =nd Ae, icl¢ X1V, Section 100-142, locate a proposed principal storage building in this Light Indu$trlal (LI) Zone District and will be required to obtain approval from the Southold Town Planning lloard/ Property: 145 Kerwin Boulevard, . Greenport, NY; Map of peconie Bay Estates, Lot No. 176; County Tax Map ID No. 1000-53-2-9. (4) 7:50 p.m. AppI. No. 4084 -- MARY C. BRENNAN. Variance to thc Zoning Ordinance, A~ictc HIA/ open po{ch (deck with rooO rcplac- insufficient rear yard setback and (20%) percent of the total lot area. R-40 Zone District and is noncon- forming as to lot area (containing 3201 sq. ft.), width at 45 feet, 7:55 p.m. AppI. No. 4074 -- INC. (Sukru llgin) for a iancc to the Zoning Ordinance, rtiele X, Section 10111(12) and 100-102, Bulk, Area and Schedule, for permission/ ~ establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accesso~ to ~he existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story boilding.) Subject scs is nonconforming as to General Business Zone District. Lo- cation of Properly: 7400 Main Road, Mattituck (Laurel School District), NY; County ]'ax Map Parcel No. 1000-122-%1. (6 and 7) 8:00 p.m. DR. PIIILIP I. CENTONZE and MARILYN CI.{N- TONZE -- regarding premises known as 5700 North Koad (County Road 48). Mattituck, NY;// County Tax Map parcel No. 1000- 140-2-11. Applicants. as contract (a) Appl. No. 4082 -- Variances to the Zoning Ordinance. Article VII, Section 100-72 for approval of pdncipal uses by the addition of a single-family dwelling unit), all this Residential-Office (Re) Zone District is 40,000 sq. ft. This lot is (b) AppI. No. 4081 -- Special Exceptions to the Zoning OMi- 71B(2 & 7) for permission to lion 100-71B(2), and a second Light Business (L]I) Zone District. STATE OF NEW YORK) COUNTY OF SUFFOLK) t (/~/'~ ~'~-/~: c:-//~' ._ of Mattituck, in ~ld ~un~, bel~ du~ ~orn, .ys that he/she · PflnclpM Clerk of THE SUFFOLK TIMES, n Weekly Newspaper, publ~hed at Matffiuc~ In t~ Town of Southold, ~un~ of Suffolk and S~te of New Yo~, and that the Notice of which t~ a~exed b a ~nt~ eo~, ~ b~n r~ula~ ~bl~ In said Newspaper once each week for / weeks successively, commencing on the ~ day of ~ p~ ~ 01 g~ Y~ pflncl~nl Clerk Sworn to before-- ~ ELEANOR SIEVEI~ICII. , to 0m Zoning Ordinance, A~icle~j KXlII, Section 100-239 and Article [II. Section 100-32, llulk. Area and ?arking Schedule, for approval of he upland area of proposed Lot gl ?9.449 sq. ft.) and pro.seal Lot t2 (74,568 sq. ft.), and for proval of tbe insufficient wid~ of proposed lot ~2 (73.37 fl.) along Cox's Neck Road {a&/a Cox ~ne}. Thi~ project is a Minor Su~ivision Application also pending before · e SOU~old ~3wn IHanning ftoard of 3.765 acres. The Board of Appeals will at said time and place hearing any and all pcrsons or representatives desiring~ to be heard in Ibc above matters. Written comments may also be information, please call 765-1809 Dated: February 13, 1992. BY ORDER OF 11 IE SOU1] IOLD TOWN BOARD OI: APPEAL.S GIHLM~.D p. GOEIIRINGER By Linda Kowalski 7294- I TF20 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ OF APPEALS TOWN OF SOU~O~ SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written eopy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY IFOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: FROM: RE: DATED: SOUTHOLED TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4083, DONNA SCHLEGEL JANUARY 31, 1992 Transmitted is application for variance submitted by Donna Schlegel together Notice to Adjacent Property Owners, Short Environmental Assessment Form, Questionaire for filing with the ZBA application, Building Department Notice of Disapproval, Copy of map of Point Pleasant, where the property is located. 14-1C=-~ (2]87)~Text 12 PROJECT LD. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only FART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR I 2. PROJECT NAME SEQR 5. I$ PROPOSED ACTION: [~/N ew [] Exoansion ~ MoCllflcaflonlalteratlo~ 6. DESCRIBE PROJECT ERIEFLY: WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? l[~Re:lidemlal [] Inau$lrial [] Commercial [] Agriculture [] Pad~ForesllOpen space I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE eEST OF MY KNOWLEDGE /-/7 If the action is in the Coastal Area, and you are a state agency, complete tt~e Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM I~NSTRUCTIONS: (a) In order to answer the questions in this short F2%F it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmeh~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes: 0 2. Will there be a major change to any unique or u~u~ual land form on the site? Yes o 3. Will project alter or have a large effect on an existing body of water? ~Yes / No 4. Will project have a potentially large impact on groundwater quality? Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? · Yes /No 6. Will project affect any threatened or endangered plant or animal species? __Yes ~No 7. Will project result in a major adverse effect On air quality? Yes .~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ~ o known to be important to the community? Yes N 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envireamental area by a local agency? . Yes ~ No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes No 11.Will project result in major t~affic problems or cause a major effect to existing transportation · systems? ___Yes ~ o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes 13.Will project have any impact on public health or safety? 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 Yes o period or have a major negative effect on the charact~ of the community or neighborhood? Is there public controversy concerning the project? . 15. ~reparer,s Signature: Representing: ERA g/q5 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate.sheet may b~ attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {~ No. Jif Yes, pl~se a~n~h ~op~ of "condi~on~" of sa~e.) C. Are there an~l~roposals tm =hange~r alter land contours? { } Yes {~} No De 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland areas shown on the map submitted wih~--- this application? ~ 3. Is the property bulkheaded between the wetlands area and the upland building area? ~/,) 4. If your property contains w~tlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~p E. Is there a depression or sloping elevation near the area of proposed q~nstruction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~Mt a~.~ are not shown on the survey map that you arm s~bmitting? ~0~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~0~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~0 If yes, please explain where or submit copies of deeds. I. Please list. pr~se,nt use or operations conducted at this parcel ~, '~4~ proposed use P6~,'~L-~_ and Au6~orized Sig~atu~ and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. -No. 6-1984] ~'ETLANDS [Amended 8-26-76 by L.L. Ne. 2-1976; 3-26- · ' TIDAL 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 t~ a maximum depth of five (5) feet, including but not limited to banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) Ali banks, bogs, meadows, fiats 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 cordgr~ss, high bush. catt3ils, groundsel, mars}~-n~llow ~nd l~w (3) All l~ud immediately adjacent ~ 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. FRESHWATER WETLANDS: (1) "Freshwater ~vetlands" as defined in Article 24. Ti- tle 1, § 24-0107. Subdivisions l(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z- ~-5. s5 M]~ R-80 ~1 A-C MATTITUCK R-80 LIO R-EO R-81~ GREAT PEGONIG BAY .> --,_,:,,~J. ~j COUNTY OF SUFFOLK .... SOLITHOLD , ~ ........ ; '~' r .............. § 100-230 ZONING § 100-232 the particular district shall not in the aggregate occupy more than twenty percent (20%) of the horizontal area of the roof and are set back one (1) foot from the edge of the roof for each additional foot in height greater than the specified height. (3) AIl mechanical equipment necessary to operate building services, which equipment is located on the roof Of a structure, shall be screened in a manner approved by the Planning Board. Retail sales in residential districts. Notwithstanding any other provision of this chapter, all premises located in any residential district and upon which retail sales are conducted shall be subject to site plan approval by the Planning Board, pursuant te the provisions of Article XXV. § 100-231.. Height of fences, walls and hedges. Fences, walls, hedges or other live plantings within five (5) feet of the property lines may be erect~i and maintained, subject te the following height limitations: . When ]oeated in the front yard along the front lot line, the same shall not exceed four (4) feet in height. B. When located along side and rear yards, the same shall not exceed six and one-half (6½) feet in height. C. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height~ § 100-232. Corner lots. A. On a corner lot, front yards are required on beth street frontages, and one yard other than the front yard shall be deemed to be a rear yard, and the other or others side yards. B. On all corner lots, berms, walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of two and one-half (2½) feet above the average street level within an 10133 114.'1-J, t ............... -- , $ F&,~IN6 AVE SURVEY OF LO TS 15, 14. 8~ PlO 12 "MAP OF POINT PLEASANT" AT MATTI TUCK .~ 0 V ,.o,,,,,, o,. so,.,,-,.,o,_o FILED MAYIT, 1916 NO, 720 SUFFOLK COUNTY, N.Y. 1000-1t4- 01-5.1 SCALE I"= 40' ~ . ' JUNE 19~1987 APR. 14, 1989 (TOPO,) MA Y 18, 1989 ( revision ) ELLAR , / oO' '~' '-" *, - 23 22 21 20 19 18 Io ~0 LO~ 13 ,,/ LOT 14. LOT 15 CERTIFIED TO; FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK TITLE NO. 632 - S - 25~4 AOUEBOGUE ABSTRACT CORP. ROOSEVELT SA VINGS BANK LEONARD C. SCHLEGEL DONNA M. SCHLEGEL // Prepared in accordance with the minimum standards for title surveys as eetab/ished by the LI.A.LS. and approved and adopted for such use by The New York State land Title A ssociation. ~EYORS, P.C. BOARD OF API~ALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of AFpeals of the To~wn of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is th~ intention of the undersigned to petition the Board of Appeals of ~he Town of Southotd to request a~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property whictl~,S the subjec%~f t~h,e Petiti~q is~located adiacent to your property and is des- cribed as follows: /~//~- ~'~' ~-.~ ~-. ~/~' ~'~ /- 3. Thai the pro~_ert~7/~hich_ is the subject of such Petition is located in the following zoning district: J $. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are kcticle _"~'~'x~T~ [ ] 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 ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeat~; 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 you or your representative have the right to appear and be heard at such hearing. Oared:' I L- Petitioner Post OfficF~ A~di'ess I. Tel. No. [57~ )~F-~I~7._ [Copy of sketch or plan showing proposal to be purposes. NAM~ PROOF OF MAlt, lNG OF NOTICE ATTACH CE:RTXFTEO NAIL REC~'-TPT AODRESS 829:475 506 ,.Certifie~Mail Receipt No Insuran?~ Coverage Provided Do not use~or International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: · being duly sworn, deposes and says that on the ~T"day of ~' ~odn. v¥ ,19 c~ ,~. , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directfed to each of the above-named persons at the addresses set opposite their reSpective names; that the addresses Set opposite the names of said persons are the addresses of said persons as shown on. the current assessment roll of the Town of 5omhold; that said Notices were mailed at the United.Stai[es Post Of- ; that said Notices were mailed to each of sai, j.~ja~ns by Sworn to ~re me this dayof ~x~ ~6~1~~Z- (This side does not have to be completed on form transmitted to adjoining property owners.)