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Home My WebLink About4064 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 Appl. No. 4064. Application of MR. AND MRS. WILLIAM R. AHMUTY III for a variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition at the rear of existing principal building with a reduced setback from the existing bulkhead (and increase of the degree or square footage of nonconformance although maintaining the same nonconformities at the side yards). Zone District: R-40 Low-Density Residential. County Tax Map District 1000, Section 53, Block 06, Lot 10. WHEREAS, after due notice, a public hearing was held on November 12, 1991, at which time 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, appellants are proposing a 10' by 28' addition (plus 7-1/2+-' by 10 ft. to square off the southeasterly dwelling), all as more particularly shown on the survey map amended October 8, 1991 prepared by Roderick VanTuyl, P.C. 2. The premises in questio~ is nonconforming as to lot area containing 7500 sq. ft. and lot width of 50.0 feet (frontage along the easterly side of Bayshore Road). 3. The premises is located in the R-40 Zone District and is improved with a single-family dwelling built prior to 1964. 4. Article XXIII, Section 100-239.4B requires that "...all buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead .... " The setback P~ge 2 - Appl. No. 4064 Matter of MR. AND MRS. WILLIAM Ro AH/FJTY III 'Decision Rendered November 21, 1991 proposed from the closest portion of the bulkhead is approximately 44 feet, and from the highwater mark along Peconic Bay at approximately 69 feet. 5. Article XXIV, Section 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use may not be increased as to the degree of nonconformance. The dwelling as exists has nonconforming side yards at 9'8" and 12+-' as shown on the October 8, 1991 survey map. The addition is proposed to extend the side yard nonconformities to not less than the existing side yard setbacks, supra. 6. It is the position of this Board that in considering this application that: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is not substantial in relation to the existing structure and those generally existing in the neighborhood; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief, as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for the construction of a 10 ft. by 28 ft. building addition at the rear (easterly end) of the existing dwelling, with a 7-1/2+- ft. wide by 10 ft. addition to corner off the existing southeast section of the house, all with setbacks as shown on the October 8, 1991 survey map prepared by Roderick VanTuyl, P.C., PROVIDED THAT THE: 1. setbacks be not less than 44 feet to the bulkhead at its closest point; 2. setbacks be not less than the existing nonconforming side yard at the southerly side; Pa'ge 3 - Appl. No. 4064 Matter of MR. AND MRS. WILLIAM R. AHMUTY III 'Decision Rendered November 21, 1991 3. setback be not less than the existing nonconforming side yard at the northerly side; 4. setbacks for both side yards be not less than the existing nonconforming sideyards. Vote of the Board: Doyen, and Dinizio.. was duly adopted. lk Ayes: Messrs. Goehringer, Grigonis, (Member Villa was absent.) This resolution GERARD P. ~OEHi~NGER~AIRMAN 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 SCO'I~F 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, 53095 Main Road, Southold, NY 11971, on THURSDAY OVEMBER 21 ~ commencing at the times specified below: (1) 7:20 p.m. Appl. No. 4064 - m~ ~u~ ~oc wxr.T.T~~ ~ AHMUTY I ~ Variance to the Zoning OrdinanCe, Article XXIII, Section 100-239.4B for permission to construct addition at the rear of existing principal building with a reduced ~etback from the existing bulkhead (and increase of the degree or square footage of nonconformance although maintaining the same nonconformities at the side yards). Zone District: R-40 Low-Density Residential. Location of Property: 3405 Bayshore Road, Greenport, NY; County Tax Map District 1000, Section 53, Block 6, Lot 10. Page 2 - Legal Not Hearings for 21, 1991 Southold Town Board of Appeals (2) 7:25 p.m. Appl. No. 4063. PETER AND MARIE PIZZARELLI. Variance to the Zoning Ordinance, Article III, Section 100-3IA(I) for permission to change use of an existing accessory building from strictly sleeping quarters use to single-family dwelling use and occupancy with cooking/kitchen facilities. The subject premises is located in the R-80 Residential Zone District and contains a total area of 2.979 acres, as shown on the Minor Subdivision Map before the Town Planning Board dated August 12, 1982 (Lot 93). Location of Property: Private right-of-way extending from the south side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 98-5-14.3. (3) 7:35 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities (kitchenettes). Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 & 002 (2.1), containing approximately 7.5 acres. Zone District: Resort Residential (RR). The subject premises was the subject of a conditional approval under Appl. No 3542 in which a Special Exception was requested for motel units (without maps or plans for individual kitchenettes or dwelling uses). Page 3 - Legal Not~ Hearings for November 21, 1991 Southold Town Board of Appeals ~4) 7:50 p.m. Appl. No. 4066SE - WILLIAM C. GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for permission to establish new use for outside, on-premises motor vehicle sales and leasing, and related business office, in conjunction with pre-existing nonconforming residential use. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. This parcel contains a lot area of 36,155 sq. ft. and lot width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-06-30.1 (or 30). (5) 8:00 p.m. Appl. No. 3970 - McDONALD'S CORPORATION. (Owner: Cofam Realty Co.) for a Special Exception to the Zoning Ordinance, to establish fast-food restaurant'with drive-through (or drive-up) window subject to the requirements of Article X, Section 100-10lB and subject to site plan approval by the Town Planning Board. Subject lot, as exists, is conforming as to lot size in this General Busines (B) Zone District. Location of Site: South Side of Main Road (State Route 25), Mattituck, NY; County Tax Map District 1000, Section 122, Block 07, Lot 3.1. Page 4 - Legal Hearihgs for November 21, 1991 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. For more information, please call 765-1809. Dated: October 31, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 11/6/91 --x L.I. Traveler-Watchman For Publication Copies on 11/6/91 to the following: FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...~.~.., ~.~.~:.~...W..,, .?. :...~.. ' - PLEASE TAKE NOTICE that'~your application dated ~ Iq ~ ~ / , ,,d ';--'-, ................. , ....... for ~o~=,,on o~ ~ro~ ,...~ ~ ......... ~ ~-~.. ~d ........ ~~ nouse tvo. ~ ~'treet ~am/et ' County Tax Map No. 1000 Section ... ~ ...... Block ~ Lot /~ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . · .~.~-c. '.~'~.~_/~('/ ' ' ~'~'")' ............ i .... ~/ ": '-~ ............ ~"~ · . . . . . .. . '' ~ .......... ,. ~~..'~..~.7~..~.~..~.~~ ...... ~.~~...:~ ..... ~.~ ~ ~ ~ _ ~ ~. ~ _ _~ , ~ ~ 7 .............. ~ ....... . ..... ~-~. ; · · ~ r =. : ~. . ..~. .~ . . .~ ~<~ ~ ................... RV 1/80 RECEIVED OCT 21 TOWN OF SOUTHOLD, blEW YORK Southold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.F<D ~'F DATE .0~. :. · .~- ~,~ · .J.~-~- -~. · - TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (we~ Go~ ~.: ..6.~:~(~c~ ..... of ..'.~....O..~..~._¢...~.,.~.~.. ................... ............. I~lome of Appellant Street and Number ................................... Municipality THE ZONING BOARE~ OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ....... Name of Applicant for permit ..... ~.~ .0..m~ .............. .~...~ ....... ~ ................. .-.--.: ....................... of . · Mun c/ pahty Stare / Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ............... '~¥~'~'t'-~'H~rnlet / Ur~"~istrict dh Zon' g M p District 1000 Section ~ Block (~ Lot} 0 Current Owner (,tO, ll~o~/~(l~J~m;~W~ 'i,~;'l~'~J;;'""'~ ........................ [°~'~1;"~o ...... Prior Owner {J.~n~ + IJ ~(tJt ,~u~: _~.~. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Saetia section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 1 ~/~-I Article ~t~_Section )Oo--~','~.~ 3. TYPE OF APPEAL Appeal is made herewith (or (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 Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous oppeat....~ (h_~sas not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (') request for a variance and was made in Appeal No ...... Dar d ...................................................................... ( ) (><3 ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form ZI~I (Continue on other side) REASON FOR APPEAL 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all oroperties alike in the immediate CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE W tk!r, (V'--- '$-be._ STATE OF NEW YORK ) ) ss COUNTY 0 F -~"~"o ~ I f... ) Signature Sworn to this ...i ............. % .-~... ................... day of ............ BERNADETTE L. TAPLIN .............. "'P~u~ .' --~" ~" NOTARY PUBUC ~844893 '"'/~"~'~" 'i ............ State of New York Notary ub ic Residingifl Suffolk County Commission Expires Sept. 30, 19...7..~ oo - -:3 - (~ -/o TOWN OF SOUTHOLD P"I~OPERTY RECORD CARD STREET VILLAGE DISTRICT SUB. N ' ~ ""'- ; ACR~GE , ~[1~/ ~(~ . S W ~PE OF BUILDING ,~s.~. ~RM ~. I,,~. I~. I IMP. TOTAL ~ DATE REMARKS I OWNER ~,~/~ ~.2 FORMER OWNER RES. LAND /~o AGE BUILDING CONDITIOF NEW NORMAL ABOVE FRONTAGE ON WATER Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland ~" ' "-" House Plot Tgtal Acre B E LOW Value Per Acre Value FRONTAGE ON ROAD BULKHEAD ~ DOCK ~, j Foundation ~ 'Bath - ' I 'l Basement ~ Floors~ ~ r,/~II Extension I -- Extension Ext. Walls ~ Interior Finish ',~J~z/~:~', ~tension ,/ q jFirePloce ~.~ _ Heat ~ S '~_ J /~X~j ~-'~/~ '6~ ~ ~ ...... Porch RoofType Porch Roo~ ]st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway Dormer DEPARTMENT OF PLANNING '"~;~u~,i, · OF SUFFO PATRICK G. HALPIN SUFFOLK COUNTY SXECUTIVIr ARTHUR H. KUNZ DIRECTOR OF PLANNING December 20, 1991 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 follovtng application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decisionof local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File N,u~,er(s) Ahmuty, Mr. & Hrs. William R. III 4064 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, ~-L, NEW YORK 11788 (816) 360-8192 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 Pursuant to Board the Article XIII of the Suffolk County Charter, the of Appeals of the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article XXII, I Section 100-239.4B Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.: 4064 Applicant: Mr. & Mrs. William R. Ahmuty III Location of Affected Land: 3405 Bayshore Road, Greenport, NY County Tax Map Item No.: 1000-53-6-10 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned State or Federal Park om Land Existing or Proposed Right-of'Way of Any Stream Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to nnn~tr~nt addition less than 75" from bulkhead and increase degree of nonconformance. or Drainage Established Channel Channel Copies of Town file and related documents enclosed for your review. Dated: December 19, 1991. 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 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York llg/1 Fax (516) 765-1823 Telephone (516) 765-1800 December 17, 1991 Mr. and Mrs. John Bertani 1380 Oakwood Drive Southold, NY 11971 Re: Appl. No. 4064 - William R. Ahmuty III (Addition) Dear Linda and John: Attached please find a copy of the Board's findings and determination in the above matter. Please be sure to return to the Building Inspector (and other agencies which may have jurisdiction for issuance of other approvals of this project) before commencing construction activities. A copy of this determination has this date also been furnished to the Building Department for their files and update. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Mr. and Mrs. William R. Ahmuty III 15 Central Drive Glen Head, NY 11545 Building Department Suffolk County Department of Planning ~ge 3 - Appl. No. ~4 ~atter of MR. AND MRS. WILLIAM R. AHMUTY III Decision Rendered November 21, 1991 3. setback be not less than the existing nonconforming side yard at the northerly side; 4. setbacks for both side yards be not less than the existing nonconforming sideyards. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio.. (Member Villa was absent. ) This resolution was duly adopted. TRANSCRIPT OF HEARING $OUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, NOVEMBER 21, 1991 Board Members Present: Chairman Gerard P. Goehringer Members: Doyen, Grigonis, Dinizio Absent: Villa Linda Kowalski, Z.B.A. Secretary and approximately 150 persons in the audience. Appl. No. 4064 Applicant(s): Mr. & Mrs. William R. Ahmuty III Location of Property: 3405 Bayshore Road, Greenport, County Tax Map No.: 1000-53-6-10 NY The Chairman opened the hearing at 7:25 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating the parcel of somewhat irregular size but the irregularity of it is approximately 50 X 152. The irregularity is on the bulkhead side and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there someone who would like to represent the first applicant? Mr. Bertani, how are you? MR BERTANI: Fine, thank you. I'm just here if there's any questions the Board would like to ask about. CHAIRMAN GOEHRINGER: Is the addition one story or two story? MR BERTANI: It's one story, but there will be a second story, it's a cape cod house with the ability of a dormer on the main part of the house. CHAIRMAN GOEHRINGER: really squaring off addition on it. And what you're in effect doing is the house and just putting a ten foot MR BERTANI: Basically. CHAIRMAN GOEHRINGER: Alright.. And I see that there's a sixty five foot mark mentioned on my survey. MR BERTANI: Yes. It won't be any closer than sixty five and also the elevation of property you've got there is eleven feet and the fresh water house is thirteen so it's a little Page 2 - November 21, 1991 Public Hearing - Mr. & Mrs. Southold Z.B.A. William R. Ahmuty III MR BERTANI, cont'd: above the in the area. CHAIRMAN GOEHRINGER: Winter is coming, this is a winter project? MR BERTANI: Yes. CHAIRMAN GOEHRINGER: So you would like a decision as quickly as possible? I thank you very much, sir for coming in. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in behalf of this application? Anybody like to speak against the application? Questions from Board Members? I have no particular problem with this application. I'll make a motion that it be granted. Ail in Favor - AYE. )1. No. 4063 :ant(s): Peter & Marie Pizzarelli of Property: Private Right-of-Way the south side of Indian Peconic, NY County Tax No.: 1000-98-5-14.3 The the notice of the hearing at ).m. and read and application for record. CHAIRMAN GOEHRINGER: I a copy of from Roderick Van Tuyl P.C. dated April 1972 the cottage as it stands adjacent to and back from the main house but almost parallel to, left side of the property. And I have a copy Suffolk County Tax Map indicating this and surround ~rties in the area. Is there somebody who would to be h~rd in behalf of his application? .How are yo' .ght Mr. P~zarelli? MR PIZZARELLI. Only~o reiterate what I puget 'n my application. That/~y wife's 86 year old mothe~has been living in the co,age for the past ten years, sh~ suffers from severe ar~l~ritis in her leg and has difficult~walking. There's a pre~ous letter on file from Dr. Arm statih~that I think in th~/file. Her condition has worsened and she~ difficulty/walking to the main house for meals. Especia~y in very/inclement weather such as rain and snow. There is~ also ~/problem with the meals when my w--lfe~h~ ~n~dh~ ~ ~mustbe~aw~ and/~e have someone come to stay with her in the cottage. Ot~er than that are there any questions you would like to ask? 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 $.E.Q.R.A. TYPE II-ACTION DECLARATION October 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 24, 199l Appeal No. 4064 Project/Applicants: County Tax Map No. Location of Project: William Ahmuty 1000- 53-6-10 3405 Bayshore Rd., Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to'existing dwelling within 75' of bulkhead 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 ~own of Southold. 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 NOTICE OF HEARINGS . .NOTICE IS HEREBY GIVEN, (1) 7:20 p.m. Appl. No. 4064 -- ~'ootagc of nonconformance although 6, Lot 10. Article 1fi, Sccrion 100-3IA(I) for c~ok~ng/kitchen facilities, The subject ~e Minor Subdivision Map before August 12, 1982 (Lot #3), Location of (3) 7:35 p.m. AppL No. 4039 -- ties (kitchenettes). Loc~tion of Prop- port, NY; County Tax Map Parcel ID 10~0-045-01-001 & 002 (2.1), con- ...J~nlng approximately 7.5 acres, Zone District: Rcso~ Residential (RE). Thc (4) ?:50 p.m. AppL No, 4066SE -- A~ici¢ X, Section 100-10lB(12) for outside, o~.prcmiscs motor vehiclc sales and leasing, and related besmcss office, in conjunctio~ with pm-exist- ing nonconforming residential usc, The subject promises is located in thc 'B" Ge~erai Business Zone District and a pre-Cerlificate of Occupancy indicates that thc premises has bccn improved and occupied with t-w~o~ principel buildings, each with one sin- gle-family dwelling usc. This pnrcel contains a lot area of 36,155 sq. ft. and lot width of 120 feel. L~cation of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-0~-30.1 (or 30). (5) 8:00 p.m. Appl. No. 3970 -- McDONALD'S CORPORATION. (Owner: Cofam Realty Co.) for a Special Exception to thc Z~ing Ordi- nnnce, to establish fast-food restau- rant wi~h drive-through (or drive-up) window subject to the rcquiremonts of Article X, Section 100-10lB and subject to site plan approval by the Town Planning Board. Subject lot, as exists, is conforming ~ to lot elz~ in this General Business (B) Zone Dis~ trice L~cation of Site: South Side ~l- Main Road (State Route 25), Metri- tuck, NY; County Tax Map District 1000, Scchon 122, Block 07, Lo~ 3.1. The Board of Appeals will at said time and piece bear any and all per- sons or representatives dcsislng to be heard in thc above matters. Written comments may also bc submitted prior to the conclusion of thc subject hearing. Each bearing will not ster~ before the times designated. For more information, please cell 765-1809. Dated: October 31, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR~NGER CHAIRMAN By Linde Kowelski .V210-1TNI4 ,~ STATE OF NEW YORK) COUNTY OF SUFFOLIC) said ~ounty, being duly sworn, says that he/she is Prin~ Clerk of THE SUFFOLK ?IMES, B Weeldl~ hwspoper, published et Uettituok, in the Town of SouthoM, ~ounty of Suffolk end State of New York, and that the Ilotloe of whioh the tnnexed Is · ~nted copy, has been re~ publ~dmd In seid Newspoper once cooh week for J=.~ weeks successively, commencing on the/~ day of ./ ~vom to before me this /'-F Notary Public, StYe d New York No. 487935~ Qualified tn Suffolk County ~ Commission Expires Dec. 8, 19~.~" 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 hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hail, 53095 Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 21, 1991, commencing at the times specified below: (1) 7:20 p.m. 'Appl. No. 4064- MR. AND MRS. WILLIAM R. AHMUTY IIL Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition. at the rear of existing principai building with a reduced setback .from the existing bulkhead (and increase of the degree or square footage of nonconformance although maintaining the same nonconformities at the side yards). Zone District: R-dO LOw- Density Residential. Location of Property: 3405 Bayshom Road, Greenport, NY; County Tax Map District 1000, Section Block 6, Lot 10. (2) 7:25 p.m. Appl. No 4063- PETER AND MARIE PIZ- ZARELLL Variance to the Zon- ing Ordinance, Article III. Sec- lion 100-31A(1) for .permission to change use of an existing ac- cessory building from strictly sleeping quarters use to single- family dwelling use and oc- cupaocy with cooking/kitcben facilities. The subject premises is located in the R-80 Residen- tial Zone District and contains a total m'ea of 2.979 acres, as shown on the Minor Subdivison Map before the Town Planning Board dated August 12, 1982 (Lot Na 3). Location of Proper- ty: Private right-of-way extend- ing from the south side of In- dian Neck Road, Peconie, NY; County Tax Map Parcel No. 98-5-14.3. 7:35 p.m. AppL No. 4039- ANTONIO VANGI. Variance CLIFFSIDE ASSOCIATES. Appeal for an Interpretation ruder the Definition Section of ~e Zoning Code, Article I~ Sec- on 100-13 as noticed to the ad- ,ining property owners, as per- ins to dwelling and/or motel ~, and the installations of )king facilities (kitchenettes). :alien of Property: 61475 mty Road 48, Greenport, County Tax Mnp Parcel ID ~-045-01-001 & 002 (2.1), siding approximately 7.5 acres. Zone l~ict: Resort Residential (Rl~lfbe subject COUN'FY OF SUFF( premises was the subject of a S'FATF. OF NFW YORK conditional approval under AppL No. 3542 in which a Special Exception was requested for motel units (without maps or plans for individual kitchenettes or dwelling uses). (4) 7:50 p.m. Appl. No. 4066SE- WILLIAM C. GOODALE. Special Exception to the Zoning Ordinance, Arti- cle X, Section 100-101B(12) for ' permission to establish new use for outside, on-premises motor vehicle sales and leasing, and related busines~ office, in con- junction with pre-existing non- conforming residentiai use. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single- family dwelling use. This parcel contains a lot area of 36,155 sq. ft. and lot width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; Coun- ty Tax Map No. 1000-122-06- 30.1 (or 30). 8.'~ p.m. Appl. No. 3970- McDONALD'S CORPORA- TION. (Owner: Cofam Reaity Co.) for a Special Exception to the Zoning Ordinance, to establish fnst-food restaurant with drive-through (or drive-up) window subject to the re- qalremcots of Article X, Section I00-101B and subject to site plan approval by the Town Planning Board. Subject lot, ns exists, is conforming as to lot size in this Oeneral Business CB) Zone Distri,m. Location of Site: South side of Muin Road (State Route 25), Mattituck, NY; County Tax Map District 1000, Section 122, Block 07, Lot 3.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject bear- ing. Eacb bearing will not start before the times designated. For more information, please call 765-1809. Dated: October 31, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER · CHAIRMAN . . By: Linda Kowaiski · - · IX.11/14/91(7) Patricia Wood,· being duly sworn, says that she is the Editor, of I'HE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and thal the notice of which the annexed is a printed copy, h/~S been .pu ) shed in said Long Islnnd 'l'ravelcr-W;~tchn)an once each week for / weeks successively, commencing on ihe ...................... clay of Novemb.er 1991 i~ovember 1991 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sttle ol New York No, 4BOG846 Qualified in Sullolk County/ Commission Expires '~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 $OUTHOLD 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 copy 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~ Copies of legal notice for the November 21, 1991 hearings were sent or delivered to the following 11/6/91:,-c~., L.I. Traveler-Watchman, Inc. Times-Review //Mr. John Bertani, Builder (Re: Ahmuty Appeal) v 1380 Oakwood Drive Southold, NY 11971 Mr. and Mrs. Peter Pizzaretli 5710 Indian Neck Lane Peconic, NY 11958 Richard T. Haefeli, Esq. (Re: 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Cliffside Associates) Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 (by hand) (Re: Goodale) Peter R. Mineo, Esq. (Re: McDonald's) D'Amato, Forchelli, Libert, Schwartz, Mineo & Joseph F. Carlino 120 Mineola Boulevard, Box 31 Mineola, NY 11501 ~SDITH T. TERRY TOWN 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 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL #4064 DATED: OCTOBER 21, 1991 Transmitted is application for variance submitted by John Bertani Builders, Inc., on behalf of WILLIAM III & JO ELLEN AHMUTY together with noti- fication to adjacent property owner; short environmental assessment form; Notice of Disapproval from the Building Inspector; survey of property. AHMUTY, DEMERS & MCMANUS September 26, 1991 TO WHOM iT MAY CONCERN: Re: WILLIAM R. AHMUTY, III PREMISES BAYSHORE ROAD, GREENPORT, NEW YORK This letter will serve to authorize of John Bertani Builders, Inc. to act as respect to filing for any permits and/or respect to the above premises. John A. Bertani my agent with variances with Very truly yours, W WRA:hs PROJEC~--,.O. NUMBER For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ~o be comoleted by Applicant or Proiect sponsor) 3. PROJE~ LOCATION: 617.21%. AppenDix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM 5. IS PROPOSED ACTION: [~] Ne~ ~ Exoan~lon 6. DESCRIBE PROJECT BRIEFLY: SEQ R ?. AMOUNT OF LAND AFFECTED: lniliatlv ~ acres Ultimately ~ Acres 8. WILL PROPOSED ACTtON COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RES'~'~-ICTtONS? I~ Yes [] NO II NO, Cescr~be brielly WHAT IS PRESENT LAND USE IN VICINITY OF PRO~ECT?' -~Resi,en,ia, [] lnaustria! ~E] Commercial El Park/Fo~est/ODen space [] Oth~ 10. DOES ACTION INVOLVE '-' ' ,~TATE OR LOCAL)? A PERMIT APPROVAL~ OR FUNDING. NOW OR ULTIMATELY FROM AN~ ' ~ [] Yes [~ NO It yes. list agency(sI and pe~mi~'approvals ; '~v:~r~MENTAL AGENCy (FEDERAL, ODES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ RESUL~osED ACTION WILL EXtSTtNG PERMtT/APPROVAL I1EOUI~E MODIFICATtON? CERTIFY THAT THE INFORMATION PROVIOED A~OVE IS~KNOWLEOGE OVER 1 The N.Y.S. EnvirOnmental Qualit of this form, and a v Review (h) If any question has been answered Yes the project may be sig- (c) If all questions have been prOjec= ia non' Significant. answered No it is likely that the E~vironmental Assessmen~ ute of historic, pre-~ist~r!c, o~ paleontoloqicui ___Jes ~ ~o 10. Will project have a m~jor effect on existing Or ~ __Jes K ~o 11. Will project result in major traffic problems or 12. Will project regUlarly cause objectionable odors, 13. Will project have any impact on public health ~ 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.) I sale or being shown to prospective buyers? { }~Yes (~} No. (~f Yes, plaas~ a~h co~ af "condit~n~" of sa~e.) C. Are there a~:yl~r~posals to u~nange~rr ~lter land contours? [ ) Yes ~ No 2. 3. 4. Are there any areas which contain wetland grasses? ~o Are the wetland areas shown on the map submitted with this application? Is the property bulkheaded between the wetlands area and the upland building area? 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? ~0 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencms which ew~t and are not shown on the survey map that you submitting? ~O If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? D~ 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? ~O If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel V~ ~ \6 f-a'~L,%, and proposed use ~ ~ a~* kuthorized Signature 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] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by' l?r. N~. 6-1985]: -/'~-',.'.~' -'? · TIDAL WETLANDS: (1) All lands generally covered or intermittently coy- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs. salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, 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, cattails, groundsel, maxshrn~llow and low 'm~-~.h cordgrzss; (3) All l~nd immediately adjacent ~o 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 Wetlands" as defined in Article 24, Ti- tie 1, § 24-0107, Subdivisions l(a) to l(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- 2~,. ss .~-80 LIO R -80 ~-80 LIO R-80 R -80 RR- · (D coUNTY O~ SUFFOLK Proped¥ Tax Se:vice AgenCY 053 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. FOYER OWNER N ~ / S W ~PE OF BUILDIN~ RES. ~/O S~S. VL FA~ COMM..CB. MISC. Mkt. Value ~ND' IMP. TOTAL DATE REMARKS ff/7/),~/~,~, ~F~, ~E ~0~ U DIG CONDI N~. NORMAL BELOW ABOVE FARM Acre Value Pet Value Acre Til~ble Til~ble Tilloble 3 W~lond Swampland FRONTAGE ON WATER / ~f~ i Bru~land FRONTAGE ON ROAD / ~ 'l ~ I House Plot DEPTH ; ~.~ ~-,- Total DOCK E~j~sio_.n~) Extel/sion Porch · COLOR TRIM Basement Ext. Walls Fire Place Type Roof reation Bath Oors Interior Finish Heat Rooms ] st Floor Rooms 2nd Flora Dormer Breezeway Patio Total Driveway /~u~3_ o/-/~' TOWN OF $OUTHOLD PROPERTY RE¢:ORD CARD OWNER STREET VILLAGE DIST. FORME~R OWNER ' ~1 E ACR.' J S W ~PE OF BUILDING RES. OJlg S~S. VL FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION M NOR~L BELOW ABOVE F Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland / Swampland , FRONTAGE ON WATER Brushland ~,, FRONTAGE ON ROAD House Plot DEPTH / ~ 3 COLOR TRIM ,Exte;sion / Extension Porch Breezeway Garage Patio Total Foundation C~ Basement ~'~ Z/- Floors Ext. Walls Interior Finish Fire Place Type Roof Recreation Room Dormer Driveway Heat Rooms 1st Floor Rooms 2nd Floor -Dinette K. LR. DR. BR. FIN. B. Tow~ cL~.~ 41 TOWN OF SOUTHOLD ~ 7~' , Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 [f~ ~ ,~ ~ ~udit~ T. Te~, Town Clerk C~h a Check ~ ~! ~~~ ~a .............................. ~IrS~ALI ~ BOARD OF APPEALS, TOWN OF 50[JTHOLD In the Matter ot the Petition of to the Board of Appeals of the Town nf Southntd : TO: q NOTICE TO ADJACE:IT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta (~ (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: %9OX 3. That the property which is the subiect 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 Southold Town Zoning Code applicable to the relief sought by the under- signedare ~.~.cle kX~l~ Section IOo-Z~.~ ~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there exa.rnine the same during regular office hours. (516) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveier-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. Petitioner Owne rs' Name S: Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAll_lNG OF NOTICF A'FTACtt CERTIFZED .%a. ZL P. ECEZPTS ADDRESS Roo 3800, June 1990 STATE OF NEW YORK ) C. OUNTY OF SUFFOLK} k~ ~xd~.. 0. ~W_.~a', , residing at 15~ Or~¥'-~c~'~O 'dL 0¢, ~ Jo~ , being duly sworn, deposes and says that on the ~ ~ ~ day of ~ ,]9 %( , 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 rmpec[i~e .. names; that ~he addresses set opposite the names of said persons are [he addresses of said persons as shown on the current assessment roll of the Town of Sou~hold; that said Notices were mailed at the United States Post Of- Sworn to before me this I ~ day of OF~*~;'~=~- , 19 ~ I Notary Public 15~I~qABETTE L. TAPLIN ,[ARY PUBLIC ~93 S~te 0I New York / l~iding in Su~k C0u~y ~x ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.)