The URL can be used to link to this page

Home My WebLink About4015 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 ACTION OF THE BOARD OF APPEALS Appeal No. 4015: Application for MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-2239.4A, Section 100-244B for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; CountyTax Map District 1000, Section 67, Block 6, Lot 016. WHEREAS, a public hearing was held on April 30, 1991; WHEREAS, at said hearing 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, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is known and referred to as 360 Miami Avenue in the Hamlet of Peconic, Town of $outhold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 67, Block 6, Lot 016; (b) is presently improved with a single-family, two-story dwelling structure with brick patio, all as more particularly shown on the January 29, 1981 survey prepared by Roderick VanTuyl, P.C.; PAge 2 - Appl. No. 4015 Appl. of Melvin and Mollie Kurs Decision Rendered May 23, 1991 (c) is rectangular in shape, having 48.4 ft. frontage along the north side of "Miami Avenue" (a private road), and having 140.4 ft. frontage along the easterly side of a paper (unopened, untraveled) road referred to as "Sound View Avenue"; (d) is nonconforming as to lot area, width and depth in this R-40 Zone District. The dwelling structure is shown to be situated 50.0 feet from the southerly property line and 16+- £eet from the westerly (front) property line. 2. Bv this application, appellants request a variance for a 14' by 25' addition along the westerly side of the existing dwelling structure which would reduce the (front yard) setback from 16 to two feet. 3. Although "Sound View Avenue" is shown on the "Map of Bailey Park" filed as Map No. 1097 in the Suffolk County Clerk's Office, the street is not improved, has never been used as a ~gad and appears to be merely a "right-of-way easement of ~ecord." In the event the street were abandoned or removed from the subdivision records, the westerly property line could then b~ reierred to as the side property line rather than a front property line. The requirements for a side yard setback are less than that for a front yard requirement. 4. For the record it is noted that the dwelling was the subject of a prior appeal under Appl. No. 2655 rendered Janu- ary 22, 1980 for a setback from the westerly (front) property line at 16 feet and 280-a access approval over Miami Avenue. 5. In considering this application, the Board also finds that the relief as requested is substantial in relation to the requirements and is not the mimimum necessary to afford relief. Therefore, alternative relief for a setback at not less than six feet from the westerly property line was offered, and granted, with the following findings: (a) that the relief, as alternatively granted, will not be adverse to the essential character of the neighborhood; (b) that the relief, as alternatively granted, will not in turn adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief, as alternatively granted, will not to be an increase dwelling unit density or to cause a substantial effect on available governmental facilities; P'ag~ 3 - Appl. No. 4015 Appl. of Melvin and Mollie Kurs Decision Rendered May 23, 1991 (d) that the relief, as alternatively granted, is the minimum necessary to afford relief; (e) that the relief, as granted, is an alternative is feasible for appellants to pursue; (f) in considering all of the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as applied for a 14' by 24' addition with a front yard setback at 2+- feet, and BE IT FURTHER RESOLVED, to ALTERNATIVELY GRANT a variance for an addition approximately l0 feet in width, with a setback of not less than six feet from the westerly property line (in the area of the existing patio). Vote of the Board: Ayes: Messrs. Goehringer, Villa. (Members Doyen and Grigonis were absent.) resolution was duly adopted. Dinizio and This lk GOEHR GER AND FI'LED BY Town C'~ ~ 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 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on TUESDAY, APRIL 30, 1991: :30 p.m. Appl. No. 4015- MELVIN AND MOLLIE KURS. Var~ o the Zoning Ordinance, Article XXIV, Section 100-239.4A, ection 100-244B, for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; County Tax Map District 1000, Section 67, Block 06, LoLl6. 7:33 p.m. Appl. No. 4014 - JESSICA W. BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map District 1000, Section 81, Block 3, Lot 7.' Page 2 Boar~ of Appeals Notice of Hearings. Regular Meeting April 30, 1991 7:38 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconform- ing as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map No. 1000-83-1-17. 7:45 p.m. Appl. No. 4020 - KEITH HARRIS. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition with an insufficient (westerly) side yard set back. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map No. 1000-139-3-37. 7:48 p.m. Appl. No. 4019 - CHARLES KREPP. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open deck addition with an insufficient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000-57-2-18. Page 3 - Board of Aprils Notice of Hearings Regular Meeting - April 30, 1991 7:52 p.m. Appl. No. 4016 JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. 1000-63-2-14. 7:58 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. (Record is reopened to receive additional survey information.) 8:00 p.m. Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two Page 4 - Board d~ppeals Notice of Hearings Regular Meeting - April 30, 1991 parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. 1000-99-2-18. 8:05 p.m. Appl. No. 4017 - CHARLES BLEIFELD. Variances to the Zoning Ordinance, Article III, Section 100-33 and Article XXIV, 'Section 100-244(A) for: (a) permission to locate swimming pool and garage structures as accessory uses incidental to the proposed residence in an area other than the required rear yard, and (b) permission to locate new dwelling structure with reduced side yard setbacks and reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed Map No. 90; County Tax Map No. 1000-90-4-19 and 20. 8:15 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1), and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio signs to provide cellular telephone services. 'Location. of Property: 415 ELijah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108-4-11.3 (part of 11). Page 5 - Board of Notice of Hearings Regular Meeting - April 30, 1991 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: April 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERAi{D P. GOEHRINGER CHAIRMAN By Linda Kowalski TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..... ~..~..~.~.~.~, PLEASE TAKE NOTICE that your appl?ation dated . . .-?-/,7~ 2-~ , 19 .~.~. · '" 7Z noose ~o. / ' ' ' ~ ' ' ~ .... e~"/~ -~- - · ~. County Tax Map No. 1000 Section .... ~.~ ..... Block ...... ~ ...... Lot Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g orounds ~ ~/~ ~ , .. '3"7 ........... >'~f~--;.~~.~..~ ~.~.~.. ~~~~~ .......... ...... . ...... :.'.~: .... ~. & ~~~ ..~..~ v , .... v ...... ~ .... .. , .... RV 1/80 APPEAL ~ROM DEaS~ON OF BUiLDiNG ~NSPECTOR MAR ~ 5 ]~ NO. DATE .......~.:.~.~.:.~ J .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOU~~fl C~ ,, (w,)M~L~.L~...~.....~.~...~.~.o, ...... ~..~.~.~ ....... ~.~.~.~.L~.~....~.~.~...: .......... Name of Appellant Street and Number ...... ) Municipalit~ ................................... 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 ....... Nome of Applicant for permit ...g ................ ............... ........................... ...... g ......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( 1. LOCATION OF THE PROPERTY ...~...~..R...i~.i..~..~.i....J~.k/..~..:....~..~..~.?..~i..~.. ......... .~.-...~....o. ............ Street /Hamlet / Use District on Zoning Mop District 1000 Section (~'? Block & Lo~ /(~ , . , .................................................................................. ~urre.~ 0..er MOpmOm Lo' NO. Prior Owner ~,.f'~l¢ ir 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article y-)~ Secti0n too ' ,Z'~ff 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cans. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (~": .-.=;,~ been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (/~) request for a variance and was made in Appeal No ........ .~...~...~.~.~.. .......... Dated J'~ ' ~ ' Z? ( ) (~,) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATtl~ QF: 'r;~ORDINANCE would produce practical difficulties or unneces- 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Sworn to this .............................................. day of ................ 19 ~/ / eom,~?^~= ~ATr~I~ ,/00:~-~/?~ ~/~/,/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST.SUB. LOT · · 7k H_~b_,~ /~.s .~ ~. /~,,~, ~. ,*,~' E XCR. J ~ ,.~.¢. ~e~-/--/.~y ,~.. S W . TYPE OF BUILDING : SEAS. VL. ' FARM COMM. CB. MISC. Mkt. Value RES. '2/~ LAND IMP. TOTAL ' DATE REMARKS NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre T~llable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK M. Bldg. Extension Extension Extension Porch Breezeway Garage Patio Total COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roorr Dormer Driveway Bath FJoors Interior Finish Heat Rooms I st Floor Rooms 2nd Floo~ Dinette LR. DR. BR. FIN. B. TOWN OF SOUTIIOLD Suffolk County, New York516- 765-~801 N°. 3 8 8 7 5 S~uth°ld' N' Y' 11971~-~-~--19 cf/ ~ ~ mhth ~. Terry, T:~:n Clerk Page 3 Appl. No. 4~,'~' Appl. of Melvin and Mollie Kurs Decision Rendered May 23, 1991 (d) that the relief, as alternatively granted, is the minimum necessary to afford relief; (e) that the relief, as granted, is an alternative is feasible for appellants to pursue; (f) in considering all of the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as applied for a 14' by 24' addition with a front yard setback at 2+- feet, and BE IT FURTHER RESOLVED, to ALTERNATIVELY GRANT a variance for an addition approximately 10 feet in width, with a setback of not less than six feet from the westerly property line (in the area of the existing patio). Vote of the Board: Ayes: Messrs. Goehringer, Villa. (Members Doyen and Grigonis were absent.) resolution was duly adopted. Dinizio and This lk GOEHRtNGER APPEALS BOARD MEMBERS Gerard P. Ooehringer, 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 Pursuant to Article XlII of the Suffolk County Cha'rter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, ArticleXXIV, Section 100-239.4A 100-244B Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.: 4015 Applicant: MELVIN AND MOLLIE KURS Location of Affected Land: 360 Miami Avenue, Peconic, County Tax Map Item No.: 1000- 67-6-016 Within 500 feet of: Town or Village Boundary Line NY Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway,-Highway, Thruway Boundary of Existing or Proposed County, __ Boundary of Existing or Proposed County, Other Recreation Area State or State or Federally Owned Land Federal Park or 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 addition with.' in3uff~cicnt frontya~d qothack frnm wo~t prnp~rtv line. Copies of Town file Dated: June.5, 1991 and related documents enclosed for your review. Page 4 - April 30, 1991 Public Hearing - Jessica W. Barnard Southold Z.B.A. Appl No. 4014 Applicant(s): Jessica W. Barnard Location of Property: 4240 Paradise Point Road, County Tax Map No.: 1000-81-3~7 SoutholdNY The Chairman opened the hearing at 7:40 pm and read the · notice of hearing and application for the record. CHAIRMAN GOEPIRINGER: I have a copy of the survey indicating a parcel that fronts on Little Peconic Bay and has a substantial amount of road frontage on Robinson Road. The applicant wishes to place a garage of approximately 24 by 36 approximately 100 feet from Robinson Road and approximately 80 feet from the southwesterly property line and I have a copy of the survey indicating this and surrounding properties in the area. Mr. Boyd, would you like to be heard? MR BOY]D: Good evening Mr. Chairman and Members of the Board. Edward Boyd, Southold NY for the applicant. I believe this application breaks down into two separate parts. The first part has to do with the placement of the structure itself. This is one of those properties that has no rear yard as the statute would normally set it forth, because the rear yard is the area between the house and Peconic Bay and is absolutely no space to build a garage or any thing else in that portion of the premises. So we are coming before you asking for permission to construct in the front yard of this particular house between the house and the road, Robinson Road which is an extension, a private extension of Paradise Point Road. The second part of the application will deal with the height of the structure. Mrs. Barnard, the owner of the premises is going to construct a garage, it is of a modular type and the plans call for a building that is approximately 21 feet along the ridge line and some 23 feet to the top of the cupola and this is higher than 18 feet that is permitted under the Southold Town code. So we are coming to also ask for permission to go a little bit higher then is strictly allowed by the code. CHAIRMAN GOEHRINGER: Where is, what is the upstairs of the garage going to be used for? MR BOYD: If you would permit me, I'm going to allow Mr. Barnard, the applicants husband to speak to this, because he's the person who intends to use the upstairs and he could ~nswer better then I can. CHAIRMAN GOEHRINGER: Thank you Mr. Boyd. MR BOYD: Douglass Barnard. 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 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. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). 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 BOARD OF ASSESSORS TOWN OF SOUTHOLD May 1, 1991 Southold Town Hall , P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1937 MAY- 11991 Mel Kuts 1404 Lowell Ave New Hyde Park, NY 11040 Re: SCTM# 1000-67-6-16 Dear Mr. Kurs, Per your request I am writing a letter in reference to Soundview Ave which is located along the southwest property line of the above mentioned Su£folk County Tax Number. The portion of Soundview Ave (see enclosed copy of the SCTM) indicated is not on the current tax roll. The owner of the property is unknown at this present time. If you have any questions do not hesitate to call our office. RIS/cg Encl, CC: Board of Appeals --~°~ ~ ' Re'al COUNTY OF SUFFOLK t~,,.o~ SOU!_H. OLO 067 Highway Department 'l'own o! Southold Peconic lane Peconic, N.Y 11958 765-3140 734-5211 April 30, 199l Southold Tm,,p ~oard of Main Road So.thold, Neu York Dear Sirs: ~r ~,!e] Kur~ property, No, lOOO, fiection 087, Copies of the Legal Notices for Hearings to be held were sent to the following on 4/15/91 Mr. & Mrs. Melvin Kurs 1404 Lowell Avenue New Hyde Park, NY 11040 4/30/91 Ms. Jessica W. Barnard 225 Elderfields Road Manhasset, NY 11030 Mr. John Scaramucci 2045 Westphalia Road Mattituck, NY 11952 (Vangi) Marie On§ioni, Esq. (Vangi) 218 Front St. Box 562 Greenport, NY 11944 Mr. Keith Harris P.O. Box 513 Mattituck, NY 11952 Torkelsen Builders, P.O. Box 1475 Southold, NY 11971 Inc. Krepp) Deborah Doty, P.O. Box 1181 Cutchogue, NY Esq. (Ragusln) 11935 Mr. & Mrs. Henry Raynor 320 Love Lane Mattituck, NY 11952 (DeLuca and Mastropaolo) Peter S. Danowski, Esq. (Beifeld) 616 Roakoke Avenue - P.O. Box 779 Riverhead, NY 11901 Wm. D. Moore, Esq. (Cellular Telephone d/b/a Metro One) Clause Commons - Suite 3 Main Road P.O. Box 23 Mattituck, NY 11952 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 10, S.E.9.R.A. TYPE II ACTION DECLARATION 199l SCOTI~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 40]5 Project/Applicants: Melvin and Mollie Kurs County Tax Map No. 1000- 67-6-]6 Location of Project: 360 Miami Avenue, Pec0nic, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition with insufficient westerly (front) yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of $outhold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk March 5, 1991 ZONING APPEAL APPLIC. NO. 4015 - MELVIN & MOLLIE KURS Enclosed herewith is ZONING APPEAL APPLIC. NO. 4015 - MELVIN & MOLLIE KURS together with the Notice of Disapproval from the Building Department, Notice to Adjacent Property Owners, the survey map of property, the Certificate of Occupancy, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, a copy of the deed, a copy of property record card, a copy of the Zoning Board of Appeals action on Appeal #2655, and 3 photos. Judith T. Terry Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of 5outhold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is The intention of the undersigned To petition the Board nf Appeals of the To'*z of $outhold to requesta (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: That the properIy which is the subject of such Petition is located in the following zoning district: 4 That b~, such Petition, the undersigned will request the following relief: $. That the provisions of the Sou[hold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from Ihe dale hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road, 5outhold, New York and you may then and lhet'e exa,mine the same during regular office hours. (516) 765-1809. 7. Thai before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeals; that a notice of such hearing must be published al least five days prior to Ihe date of such hearing in the Suffolk Times and in the Long Island Traveler-Maltituck 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. Dated: Petitioner Owners' Names Post Or, ce Add~ess Tel. No. '( [Copy of sketch purposes.] or plan showing proposal to be attached for convenience NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED ~IAIL RECEIPTS ADDRESS P 060 613 012 P 497 880 036 P 497 880 037 FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street and NO PO, ate and ZIP Code RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROV~DEO NOT FOR INTERNATIONAL MAIL (See Reverse) t~o S~ciam Oemivery Fee Return Receipt showing tO whom and Date ~¢, STATE OF NEW YORK ) COUNTY OF SUFFOLK } SS.: ~e~ H~ ~ ;~,'(, ~o~ ,heingdulysworn, dcposes and says that on [he __ day of ,19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post rice at ~ ~/~t ¢~¢~ ~-~. ~Lo~o ;that said Notices were mailed to each of said persons by (certified) (regis~red) mail. Sworn to before me this c~/~'~' day o, / , . ' ' Notary Public (This s. ide does not have ~o be completed on form transmitted to adjoining property owners.) r. ~PROJECT LO. NUMBER 617.21% Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 o APPLICANT/~PONSOR 3. PROJECT LOCATION: 4. PREClSI 5. ~ New ~xDanslon ~ Modiflcat IonlaBerat ion 6. DESCRIBE PROJECT BRIEFLY: SEQR ?. AMOUNT OF LAND AFFECTED: ~ Initially ~ acres Ultimately O , ! .~" t.~ -- acres 8. WlL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER ~e$ [] NO If NO, describe briefly EXISTING LAND USE RESTRICTIONS? WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? - ~Residentlat E] Industrial Commercial [] Agricutture Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAl.. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCy (FEDERAL, STATE OR LOCAL)? [] No If yes, list agency(st and permit/approvals I t. DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~ Yes ~No If ye~, Fist agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO ~ THE BEST OF MY KNOWLEDGE Coastal A~caeemanl ~ .... -~ ; -. ..... a szate agency, complete the 1 (Co~[&~ued o~ ~eve~se s&de) __~he~N.Y.S. Environmental Quality Review Act re of =nls corm, and an environmental review will be ,~de ~ submission before any action is taken, this Uoard ~HORT ENVIRONMENTAL ASSesSMENT FORM INSTRUCTIONS: (a) Xn order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question h~s been answered Yes the project may be sig- nifican= 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) E~nvironmental Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~NO 2. Will there be a major change to any Unique or %u%usual la~d form on the site? Yes M__._NO 3. Will project alter Or have a large effect on an existing body of water? 4. Will project have a potentially large, impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will ' affect any threatened or endangered plantpr°]ect or animal species? 7. Will project result in a major adverse effect on air quality? _ Yes ~No 8. Will project have a major effect on visual char- knowa to be important to the co~unupity? ~Yes ~NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological i/aportance or any site designated as a critical envircamental area by a local agency? ___Yes ~No 10. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- 13. Will project have any impact on public health or safe~y? 14. Will project affect the existing community by ~Yes directly causing a growth in permanent popula- period or have a major negative effect On the charact~ of the community or neighborhood? 15. Is there public controversy Concerning the pro~ect? . Z3A ~/75 _ Date: 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 be attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { ~ } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {~} No D. 1. Are there any areas which contain wetland grasses? ~o 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~.~.~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ 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? ~ . If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~ ~J ~\~9 and proposed use %o Authori~d Signatur~ an-n-d D~te- 3/87, 10/901k FORM NO, 4 TOWN OF SOUTHOLD BUI .bDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Z10386 February 10, 81 No .................. Date ................................. 19... THIS CERTIFIES that the building ................................................ 360 Miami Avenue and Soundview Ave., Location of Property/:/~s~ ~;o ........................ ~e~t' .................... P..e.c.o.n.i. ?, NY · Ham/et County Tax Map No. 1000 Section . .q6. ? ....... Block .... 0..6 ......... Lot .... .0 J .6 .......... · Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore f'ded in this office dated October 26, 197.9 .pursuanttowhichBuildingPermitN~0581 Z dated Marc h 11, 19..80, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ~rivate One-Family .D.w.e..1.1i.n.~ Robert Waddington The certificate is issued to ..................... ioi,[,,'e'r,'t'a,~e¥£~'J .................... of the aforesaid building. Suffolk County Department of Health Approval ..... 2. ./.3./.8. !. UNDERWRITERS CERTIFICATE NO ............ P. e..n.d. Ln. & .............................. Board of Appeals Approved #2655 January 22, ltl80 insuf. F.Y. Set Back . ,' Building Inspector Rev. 1/81 ¥ TAX MAP )ESIGNATION 1000 067.00 06.00 .o~(~): .... OliO00 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOED BE USED BY LAWYERS ONLY. ~ ~D~ m~d~ ~h~-~/~ day o~ ~ay , n~n~ecn ~undr~d ~nd eighty-nine BE~N GEORGE BUCKLEY and MARIE BUCKLEY, his wife, both residing at 60 Kingsbury Road, Garden City, New York, partyofthefirat part, and MELVIN KURS and MOLLIE KURS, his wife, both residing at 1404 Lowell Avenue, New Hyde Park, New York, party of the second part, . WITNESSF.,Tlt, that the party o[ the first part, in consideration of Ten Dollars and other valuable considerat on paid by the party o[ the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, . ALt. that certain plot. piece or. parcel of Land. stt:uate, lying and belnq at Peconic. in the Town of Southotd. County of Suffolk and State of New York. beinq more ~articutarty bounded and described as follows: BEGINNING at the corner formed by the intersection of the Northerly side of Htamt Avenue (a ~r[vste road) with the Easterly side of Sound View Avenue (a private road); RUNNING THENCE North Z? dearees 15 minutes West, along the Easterly side of Sound View Avenue, 140.4 feet: THENCE North 62 deqrees 45 minutes East, 46.7 feet; THENCE Sooth 28 degrees O0 minutes East. 140.4 feet to the Northerly side of M/ami Avenue; T~N~'Sob~ ~2~e:q~-F~ 4~£hut0~' We§YV~a-~b~q t~e NortBerlv s~de of Hiami Avenue, 48.4 feet to the point or place of BEGINNING. TOGF. TIIER with all right, tit roads abutting tile almve describ TOGETHEH with s rlqht-of-waw for ingress and egress over fftam~ !ivenue. Easterly from the above described premises to Hill ~oad Avenue. BEING AND INTENDED TO BE the same premises conveyed to the Grantors herein by deed dated April 14, 1981 and recorded in the Suffolk County Clerk's of;~ ~ a~a ]7~ ~]~ 81 in Libor 8989 page 525 · REAL ESTATE MAY 25 989 ~ and i,,ter~kt[~OhKy, or' the ~ pre,,,ise~t3[th~¥enter li,]e~ and all the estate and rights of he party ot the nrst part HOLD the premises herein grauted unto the party of tim secom the party of the second part forever. ty o[ tile first part in and to all)' streets and ereof; TOGETItER with the appurtenances to said premises; TO HAVE AND TO part, file heirs or successors and assigns of '~'~qD*'i~p~FY'b'[ t~'~l~d%6'3ehan[~ t~l'~--t~6r--~l'i~p~rt has not done or suffered anything whereby the said premises have.been encumbered in any way whatever, exert as aforesaid. AND the ~arty of the first part, in compliance with Section 13 ~ the Lien ~w, covenants that the party o~ the first part will r~eive the considemtlon for this ~nveyance and will hold the right to receive such consid- eration as a trttst fn~:g0~ljeq first for the ~r~se of paying the cost of the mprov~ent and will apply the same first t~ the]~yn~at ~:~st of it e mprov~ent before usin~ an.. ~rt ~f '~ .... ' t .~ , any other pur~e ' , ~ ~ The x~mrd ~q~y shall be conXtrde~ ~qf ~t read 'arhes' when p ever he sense of th s indenture so requires. IN W~N~ WH~OF, th~ ~rty of the first part has duly ~uted this deed the day and year first aMve written. IN PRESENCE OF: Buckley/~ Mffrfd'Buckley ~ On the~/~fCday of May 19 89 , beiore me p.e rsop_a/l.y came k~ey George Buckley and Marie Buc to me known to be the indivldual$ described in and who executed the foregoing instrument, and acknowled~d that ..... No. 6736~;o STATE OF NEW YORK, COUNTY OF On the day of 19 On the day of 19 , ~:lorc mc personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged tlmt executed the same. ss: STATE OF NEW YORK, COUNTY OF , before me On the ~lay'~f belore me personally canle to ale kaown, who, being by me duly- sworn, did depose and say that he resides at No. that he is the · · , of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrun]el}t is sucb corporate seal; that it was so affixed by order of the board of directors of said corpora- tioa, and that he signed h name thereto by like order. personally came the subscribing witness to the foregoing instrument, with who n I am personally acquainted, who. being by me duly sworn did depose, an~l say that he resides at No. that lie knows" to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, wu present, and saw execute the same; and that he, said witness, at tile same time subscribed h name as witness thereto. %Villi COVI!NANI AGAINSI GRANIOK'$ ACIS Tree No. 4307-2000358 Buckley TO Kuts TICOR TITLE GUARANTEE SEC'rlON 067.00 BLOCK 06.00 LOT 016.000 COU.TY Oa TOWN Suffolk/Southold TAX nlLl~NO aDDRESS 7: t~chael J. Hall, Esq..-~<,~..,:~, ~', 1050 Yo~g~ Avenue Southold, New York d~/go q 0 U f H 0 L O O W N E R S G U [ D E PAGE 419 LAST KNO,,~N OR ~£mUTED OWNER. ?.-6-~0 MASUIRE ED~D H & WF ~ 74T~ ST ?~9 ~OOKtYh,fl Y 1120q / R-80 R-80 .EGAL NOTIC~I~ NOTICE IS I~EBY GIVEN, pursuant to',,~rection 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971. on TUES- DAY, APRIL 30. 1991: ~7:30 p.m. Appl. No. 4015~ MELVIN AND MOLLIE KURS. %fiance to the Zoning Ordinance. Article XXIV, Scc- lion 100-239.4A, S~ction 100-24411, for permzsq~on {o con- "'"'"~!,l~Scction 67, Block 06, Lot~.~ JESSICA W. BARNARD. Var- iauce to the Zoning Ordinance, -\rticle III, Section 100-33 for building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County 7:38 p.m. Appl. No. 3988-- ,\NTONIO ¥~NGI. Variance to bluif ~JonI tl~ l,on~ I~and Ne l,~.l~LI.1, [EIIH HARRIq. %nance :o an insufficient {~esterly) side yard setback. Location of Pro- perty: 265 Freeman Road, Mat- lituck, NY; County Tax Map No. 1000-139-3-37. 7:48 p.m. Appl. No. 4019- CHARLES KREPR Variance to the Zoning Ordinance. Arti- cle XXIII, Section 1~-239.4B deck addition with an insuffi- cient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000- 57-2-18. 7:52 p.m. Appl. No. 4016- JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance. Article XXIV, Sections 100-242A and 100-244B for permission to con- struct addition to existing non- 5onfor?ng dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hum- mel Avenue, Southold; County Tax Map No. 1000-63-2-14. 7:58 p.m. Appl. No, 3998-- HENRY AND MARY RAY- NOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo.) Variances: (1) for approval of ac- cess as required by New York Town Law, Section 280A over private right-of-way extending olf the north side of Peconic Bay Boulevard, Laurel, to pre- mises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Or- dinance, Article IliA, Section 100-30A.3, requesting relief under the bulk area require- ments of the proposed norther- ly parcel of 30A62 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone Dis- trict, and is also shown on the "Map of A.L. Downs" as Lots Nt~. 24, 25. 26. 27, 28, 29, 30. :~ lax Map No. antes to :he Zoning Ordinance, , Section 100-33 and Article XXIV, Section 100- 244(A) for: (a) permission to locate swimming pool and gar- age structures as accessory uses incidental to the proposed resi- dence in an area other than the required rear yard, and (b) per- mission to locate new dwelling structure with reduced side yard setbacks and reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bay- view, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed Map No. 90; Coun- ty Tax Map No. 1000-90-4-19: and 20. 8:15 p.m. AppL No. 4022-- CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Ex- ception approval under Article VIII, section 100-8lB(I}, and Article Ill, Section 100-31B(6) for an unmanned telecommuni- cations building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with an- tenna for transmitting and re- ceiving radio signs to provide cellular telephone services. Location of Property: 415 Eli- jah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108- 4-11.3 (part of 11). The Board of Appeals will at said lime and place hear any and CIIAIRMAN By Linda Kowalski · IX, 4/18/91 (4) ] COUNTY OFSUFFOLOs S'I'A'I'I{ OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of ]'HE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that tile notice of which the annexed is a printed copy, has been .published in said Long Island Traveler. Watchman once each week for .................... / ...... weeks successively, commencing on the /~'~' .... Notary Public BARBARA A. SCHNEIDER NOIARY PUBLIC, Stqe 01 New York. No. 4~06846 Qua{iIiefl in Sull0lk CotJntyl Commission E~pires g/3 j/t?~ ~A.~nue, Peconic, NY; County Tax 06, Lo~ 0t6. SICA W. BARNARD. Variance to the Zoning Ordinance, A~icle III, Sec~iofl Zoning Ordinance, Article XXIV~ 7:45 p.m, Appl. No. 4020 -- Zoning Ordinance, A~icle lit, Section ly) side yard set back. Location of Propealy: 265 Freeman Road, Matti- tuck, NY; County Tax Map No. IO00- (~IARLES KREpp. Variance to the c~ Property: 1235 Ishnd View L~ne. G~mpo~, NY; County Tax M~p No. dimnce, A~icle XXIV, Secdms 100~ 242A md 100-244B for pemtissim fonnin~ dwelling stmcu~, inc~sing (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for Ho. 24, 25, 26, 27, 28, 29, 30. the west side of Luthers (Breakwater) Road, Mattituc~ Tax Map 8:05 p.m. Appl. CHARL~ the ~i~ ~d~c~, Ani~ ~ I~A) f~ (a) ~s- ~, ~ d~ ~~F~N~ 8:15 ~. ~ No. ~ ~, LU~ ~LEPHO~ ~MP~ ~O~.~tm~. IH, ~ecti~ 1~-31B(6) for ~'. ~~a 1~ hi~ m~o~le radio tower ~th 415 ~i~ of Mey 15, 19~, ~p N0. ~ty T~ Map No. 1~-1~-4~ 111~ ~of 11). ~ a~a~able, BY ~ OF~ ~O~ ~OF~ G~ E ~G~ By STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~/~,'~,~ /~)~-~/~- of Mattituok, in .aid County, being duly ~worn, ~Ws that ha/sha is Prlncll~l Clerk of THE SUFFOLK TIMES, · Weekly Newspsper, publbhed at Mattltuok, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, has been regularly published in said Newspaper once each week for I weeks ~,~/oesslvely, oommon(;Jng on tho /~ day of c lO ff //*,) ,/~ P~ri)~lpa ~"~e r k Sworn t_o b~for, m~/~thb