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Home My WebLink About3980 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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. 3980: Application for VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck (with roof) attached to dwelling with a reduced front yard setback and insufficient sideyard setback. Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map District 1000, Section 92, Block 1, Lot 4. WHEREAS, a public hearing was held on November 1, 1990 in the Matter of the Application of VIRGINIA OLGA LEE under Appeal No. 3980; and 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: Page 2 - Appl. No. 3980 Matter of VIRGINIA OLGA LEE Decision Rendered November 15, 1990 1. The premises in question is a triangular-shaped parcel situated along two private roads referred to as Inley Way and Cedar Point Drive East, Town of Southold. The subject parcel has been and is referred to as Lot 91 on the "Map of Cedar Beach Park" filed in the Suffolk County Clerk's Office as Map No. 90. 2. The subject premises is nonconforming as to lot area in this R-40 Zone District containing a total lot area of approximately 19,995 square feet (as shown on the assessment records for .459 acre). The distance of frontage along Inlet Way is shown on the October 15, 1975 survey prepared by Roderick VanTuyl, P.C. as 241.60 feet and along Cedar Point Drive East 144.12 feet. 3. The subject premises: (a) is improved with a dwelling which has a preexisting, nonconforming front yard setback at approximately seven feet (at its closest point to the westerly property line along Inley Way); (b) is also improved with a swimmingpool which is situated to the east of the existing dwelling. 4. By this application, appellant requests a variance for a 7'2" deck extension into the northerly front yard area which reduces the westerly front yard setback to approximately five feet (and in no event less than four and one-half (4-1/2') feet . 5. Article XXIV, Section 100-244B provides relief to nonconforming lots having a lot area of less than 20,000 square feet in the front yard at 35 feet. Although the relief requested in relation to the usual minimum requirement at 35 feet for new dwellings is substantial, the relief requested in relation to the established nonconforming setback is not substantial at approximately two feet. (No other variances have been found of record for this parcel.) 6. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, be adverse to neighboring properties; or (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; Page 3 Appl. No. 3980 Matter of VIRGINIA OLGA LEE Decision Rendered November 15, 1990 (d) is the minimum necessary to afford relief; (e) cannot be obviated economically by some method feasible to appellant to pursue, other than a variance; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a variance for the 26 ft. by 7-1/2 ft. (maximum) deck addition with roof in the front yard area as shown on the sketch of a survey filed hereunder, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sides not be enclosed at any time; 2. That the front yard setbacks not be further reduced. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Members Sawicki and Grigonis were absent.) This resolution was duly adopted. lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, 1000-79-5-10 and 11. NY; County Tax Map Parcel Nos. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the ~.on£ng Ord£nance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient < sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Parcel No. 1000-92-1-4. Map 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. the Zoning Ordinance, XXVIII, Section 281, No. 3971 - VALERIE M. KRAMER. Variance to Article XXIII, Section 239.4B and Article for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: Manhanset Avenue, Greenport, NY; 1000-34-5-20. 730 Robinson Road and 980 County Tax Map Parcel No. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November l, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23 8:05 p.m. Appl. No. 3977 - B~'~"rf J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8:45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 ~ Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituek, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. 9:10 p.m. Appl. No. AURICCHIO. Appl. No. 3955 - DOMINICK SBLENDIDO & A. 3938 - VILLAGE MARINE. 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 con~nents may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for if needed. For more your presentation will be available, information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO$~i CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . .~./~..~. ................ , 19~.~... PLEASE TAKE NOTICE that your application dated ~..//~. 19 .... · ......... at Location of Property... ~~~.-Z~ House No. ' ' ,' Street ~amlet co,,~ r~, ~a, ~o. ~000 S~,tio, ..... ~. .... ~oc~ ..... Z ....... ~ot . .~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is ret_urned?e[ewith and disapproved on the following grounds · ~ .... ~ ~~...~3; ......... ~ ~/. , ~ ........... ~ ........ ~ ............ 5 .... .............. ~~...~.~. z~ ~.~. RV 1/80 TOWN OF SOUTHOM~J~JI~JI't~D APPEAL FROM DECISION OF BUILDING INSPECTOI~c TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,-Iq.-~'". 1, (We)..~.~(.~....~.~...~ ....... of ....~..~..~...~ Name of Appellant Street and Numar Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. r DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .............. ...... Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( )PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY //-/~'"~'-(~ ' I~/-}' .................... District lO00 SectionC~Block/ Lot /-~ ~ , .................................................................................. current Owner J~/~[/v/~'~ ~/-~4 Z~-~'~ Mop No. Lot No. Prior Owner 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.~ Section 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 Law Chap. 62 Cons. Laws 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 ~ppeal was ( ) request for o special permit ( ) request for o variance and was mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ~ A Variance to Section 280A Subsection 3 (~)/A Variance to the Zoning Ordinance ( ) is requested for the reason that ~'~/~7-'~',-~ Form ZBI Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATIOhJ~'I~ ~,I~INANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 STATE OF NEW YORK ) COUNTY OF ~/Y~'ff~ L K'-I SS Sworn to this / day of ~ 19 '~ca (.../ I~J/otary Public '~r,i .~'~-/-- Y' TOWN OF SOUTHOLD ~OPERTY RECORD CARD -/ OWNER '_,, _ RES. 2/6 SEAS. VL. FARM COMM. 'lIND. 'J CB. MISC. · 'Est. Mkt. Value, AGE BUILDING CONDITION , NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Ferm Acre Volue Per Acre Velue FRONTAGE ON ROAD ! Till~ble 1 BULKHEAD Tilleble 2 DOCK Woodlond Swompl~nd Brush[end House Plot Totol M. Bldg. Extension Extension Extension Foundation Basement l)~ ~"T" __ Bath Ext. Walls ~.~/~(/,~lnterior Finish Fire Place ~l~ Heat ~ / / Porch Roof Type Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor - _C'~. ~. Garage Driveway Dormer LEE DEPARTM~'NT OF PLANNING COUNTY OF 'SUFFOI.~K ® PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ December 5, 1990 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 Co-mission 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) OValerie Kramer Virgtnia Olga Lee 3963 3980 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gfigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telepho. ne (516) 765-1809 BOARD OF' APPEALS TOWN OF SOUTHOLD ScoTr 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 of Appeals the X Article XlII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: ,, Variance from the Zoning Code, Articlexx[v, Section 100-244B Variance from Determination of Southold Town Building Inspector, Special Exception, Article , Section Special Permit Appeal No.:3980 Applicant: Location of Affected Land: County Tax Map Item No.:-lO00,Jection 92, Block 1, Within 500 feet of: Town or Village Boundary Line Body of Water (B~y, Sound or Estuary) State or County Road, Parkway, Highway, Thruway VIRGINIA OLGA LEE 1455 Cedar Beach Road East, Southold NY Lot 4 Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, State or Federally Owned Land Proposed County, State or 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~gxexrk~ki~xixOxnxxtxOx approval of deck with roof attached to dwelling reduced front yard setback and insufficient sideyard. Copies of Town file and related documents enclosed for your review. Dated: 11/26/90 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 19, 1990 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Virginia Olga Lee P.O. Box 1273 Southold, NY 11971 Re: Appl. No. 3980 (Variance) Dear Mrs. Lee: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our November 15, 1990 Special Meeting concerning the above application. Please be sure to return to the Building Department for appropriate permits prior to con~nencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Mr. Victor Lessard, Principal Inspector Mr. Thomas Fisher , Building Inspector · rI j ~k ....... Y_K. APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3980: Application for VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck (with roof) attached to dwelling with a reduced front yard setback and insufficient sideyard setback. Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map District 1000, Section 92, Block 1, Lot 4. WHEREAS, a public hearing was held on November 1, 1990 in the Matter of the Application of VIRGINIA OLGA LEE under Appeal No. 3980; and 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: Page 2 - Appl. No. 3980 Matter of VIRGINIA OLGA LEE Decision Rendered November 15, 1990 1. The premises in question is a triangular-shaped parcel situated along two private roads referred to as Inley Way and Cedar Point Drive East, Town of Southold. The subject parcel has been and is referred to as Lot 91 on the "Map of Cedar Beach Park" filed in the Suffolk County Clerk's Office as Map No. 90. 2. The subject premises is nonconforming as to lot area in this R-40 Zone District containing a total lot area of approximately 19,995 square feet (as shown on the assessment records for .459 acre). The distance of frontage along Inlet Way is shown on the October 15, 1975 survey prepared by Roderick VanTuyl, P.C. as 241.60 feet and along Cedar Point Drive East 144.12 feet. 3. The subject premises: (a) is improved with a dwelling which has a preexisting, nonconforming front yard setback at approximately seven feet (at its closest point to the westerly property line along Inley Way); (b) is also improved with a swimmingpool which is situated to the east of the existing dwelling. 4. By this application, appellant requests a variance for a 7'2" deck extension into the northerly front yard area which reduces the westerly front yard setback to approximately five feet (and in no event less than four and one-half (4-1/2') feet . 5. Article XXIV, Section 100-244B provides relief to nonconforming lots having a lot area of less than 20,000 square feet in the front yard at 35 feet. Although the relief requested in relation to the usual minimum requirement at 35 feet for new dwellings is substantial, the relief requested in relation to the established nonconforming setback is not substantial at approximately two feet. (No other variances have been found of record for this parcel.) 6. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, be adverse to neighboring properties; or (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; Page 2 - Appl. No. 3980 Matter of VIRGINIA OLGA LEE Decision Rendered November 15, 1990 (d) is the minimum necessary to afford relief; (e) cannot be obviated economically by some method feasible to appellant to pursue, other than a variance; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a variance for the 26 ft. by 7-1/2 ft. (maximum) deck addition with roof in the front yard area as shown on the sketch of a survey filed hereunder, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sides not be enclosed at any time; 2. That the front yard setbacks not be further reduced. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Members Sawicki and Grigonis were absent.) This resolution was duly adopted. ~GERA/%D P. GOEHRINGER CHAIRMAN · NOTICE OF HEARII~GS NOTICE IS HEREBy GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: ?:30 p.m. Appl. No. 3969- ANDREW BURKARD. Variance to the Zoning Or- dinance, Article II1, Section 100-32 for permission to con- struct two-foot extension of garage attached to dwelling with an insufficient front yard set- ~back. Zone District: R-40. Loca- tion of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivisoin Lot No. 167, Sec-, tion Three, Map 6160; 1000-15? 5-24.13. 7:35 p.m. Appl. No 3974- DONALD L., OSANI (for GEORGE BRUDERMANN .IR., Owner). Variance to the Zoning Ordinance, Article IliA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separat~ dced conveyances, each lot having insufficient area and ~proposed construction to meet setback requirements for this R-40 Zone District. Location of Property:. North side of Balmiew Road and the West side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. · 1000-79-5-10 and 11. 17:40p.m. App]. No. 398~'"' RGINIA OLGA LEE. lin~ to the Zoning O~- Article XXIV, Section 100-244B for approval of deck,~ addition to dwelling with an in sufficent sideyard setback and reduced front yard setback. Lot area is nonconforming in this R-dO Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County ~ax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978- DONALD & DOROTHY SWAHN. Variances to the Zon- lng Ordinance, Article I!1, Sec- tion 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area' and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending divi- sion of land. Zone District: R-40. location of Property: South side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. 7:50 p.m. Appl. No. 3971~, VALERIE M. KRAMER~} Variance to the Zoning Or- diannce, Article XXIII, Section 239.4B and Article XXVIll, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) proper- ty line along Man_hanset Avenue. Lot area of parcel is nonconfor- ming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County ~hx Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976- THOMAS AND MARIAN SANTACROCE. Spedal Excep- tion to the Zoning Ordinance, Article III, Section 100-31(9)0/) for permission to construct olaf- premises ground sign to adver- rise for business purposes. Loca- tion of Property for Sigd? Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2 8:00 p.m. Appl. No. 3972- PETROL STATION LTD. Variance to the Zoning Or- dinance, Article VII, Section 100-72 for approval of propos- ed Lot No. 4 which will have in- sufficient area in this Residential-Office (RO) Zone District. Location of Property: North side of the Main Road (265:i: feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. 1000-109- 1-23.. 8:05 p.m. Appl..~.No. 3977- BETTY J. COPIN~iance to the Zoning Ordin~ Article III, Section 100-33B(4) for per- mission to locate accessory (garage) building partly in th~e~ side yard and rear yard with ~ setback at less than the requital 20 feet from the southerly pro- perry line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Ar- shamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979- THOMAS J. GORMAN. Var- iances to the Zoning Ordinance, Article 111, Section 100-33 for approval of location of two ac- cessory (stornge) buildin~ in the front yard, as exist. The lot a~a of this parcel is nonconforming in this R-80 Zone District. Loca- tion of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968-~ IRENE R. MILLER. Varianc~ to the Zoning Ordinance, Arti- cle IliA, Section 100-30A.3, and Article XXII1, Section 100- 239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42;930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 fcet in this R-40 Zone District. Location of Property: Lake View Avenue (127+ feet southwest of Hun- tington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68- 3-10. 8:35 p.m. Appl. No. 3975-- ARTHUR G. CARLSON. In- terpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved.~ by the Building Inspector) fdr' approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off- premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8:4!; p.m. AppL No. -3788- SUN REFINING & MARKET-~ ING. Variance to the Zoning dinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and ac- cessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structur~ Location of Property:. Comer of the Easter- ly side of Factory Avenue and Northerly side of thc Main Road, Mattituck, NY; 1000-142-1-27. er Recessed from {~. AppL, No. 3955- DOMINICK SBLENDIDO & A. AURICCHIO. 9:.10 p.m. Appl. No.-3938- VILLAGE MARINE. <~ The Board of Appeals will nl.t~ said time and place hear any ?~gl all persm~s or representauves desiring to ba heard in each of ~'thc abov~ matters. Written com- inent~ may'also be submitted -'~ prior to the conclusion of the subject hearing. Each bearing will not start befo~ the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD ~ . . OF APPEALS GERARD P. GOEHRINGER By:. Linda Kowalski COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the 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 ........... ~ .~. ...... day of ..... .~. ..... ,19 D.a... Sworn to before me this ~9~5'- ~ ..................... day of Notary Public R¥~,~?~. ~, ~"HNEIDEli NOL,~f r U~I~. ,~I~ el Illin ~ ~ualif~d in Su.~k~/''/~--~ Com~n E~pi~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, .Ir. Joseph H. Sawicki James Dinizio, Jr. 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 application is a copy of the Legal Notice, as published recently 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 times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, ,Ir. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF.SOUTHOLD October 17, S.E.Q.R.X. TYPE II ACTION DECLARATION 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 1990 Appeal No. 3980 Project/Applicants: Vir§inia 019a 4ee County Tax Map No. 1000- 92-]-4 Location of Project:J455 Cedar 8each Road Hast, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Appr0va] of deck addition to dwe]]in9 with issufficient $ideyard setback and reduced frost yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted 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 N(YFICEOF HEARINGS ' NOTICE IS HEREBY GIVEN, Law ~d the C?~_ of the Tow~ of SonthoM, the followina hearings will be held by the SOUTHOLD TOWN BOARD OF Aiq*EALS at a Regular Meeting, at the Sonthold Town HaLt, Main Road, Somhold, NY 11971, on THURSDAY, NOVEMIIER 1, 1990, at the ' ' 7:30 p.m~ AppL No. 3969 -- ANDREW BURKHARD. Variance Section 100-32 for permission to construct two-foot extension of garage ,-,-4~,4 to dwelling with an 370 UId Lane, Orism, NY; Offing- By-The-Sea Subdivision Lot No. 167. Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 -- of Properly: Sonth Side of Park Argue, MaUinxdt. NY; County Tax Map Parcel No. 10(W)-123-8-8. 7:50 p.m. Al)pl. No. 3971 VALERI~ M. ~ Varinnc~ to the Zoeing Ordinance, Aflicle XX]H. Se~ion 239.4B and XXVl~ Sec~e 281. for pennis- sion to construct new dwelling structure with an i~ set- back from existing bulkheed and from the.eestefly (front) lm~erty line algas ~ Amine. Let a~es of parcel is naM:mfo~,;-! in Property: 730 Robinsoa Road and 980 Manlmnsat Avenue, Gn~qx~, NY; Comity Tax Mip hrcel No. 1000-~4-5o20. 7:55 p.m. Appl. No. 3976 THOMAS AND MARIAN SAN- TACROCE. Special Exce~tlon to ~_~t~, 100-31(9)~ for permission to cmiatruct off-t,i~,ieea ground poses. Locetion of Property for 1000-38-1-12. 8:00 p.m. Appl. NO. 3972 PETROL STATION LTD. Variance to the Zoning O~linance, Article Vfl, ~li~n 100-72 fo~ al~oval of i~,,i,osed Lct ~4 which will have Offlru (RO) Zone DimlcL Road (2654. feet west of Alvah's Lane). Onchosue. NY: Comty Tax Map Parcel No, 1000-109-1-23. ~7..4N~. 1000-79-$-10 and 11. 0 p.m. Appl. No. 3980 -- VIRGINT. A OLGA LEE. V&rinnce to the Zoning Ordinance, Article XXXV, Section 100-244B for ap- p~val of deck ~dditlon to dwelling with an insufficient sideyard set~ back and reduced front yard set- beck. Lot a~a is n~x2eformin8 in this R-40 Z~ne Disulcf. Locati~xt ~ Property: 1455 Cedar Buch Roa4 East, Southold, NY; County Tax Mq) Parcel No. 1G00-92-1-4. 7:45 p.m. Appl. No. 3978 -- DONALD & DOROTHY SWAHN. Variances to the Z~eing .or~ce, Article HI. Se~mion 100-32 and Ar- ticle XXII], Section 100-239 for DONALD L OSANX (fo~GEORGE ~. 8.'05 p.m. AppL No. 3977 -- BRUDERMANN JR., Owner). ! bt~l-lX J. COPIN. Vmisnce to the Article IHA, Sectinn 1o2-3(h.3 fm don 100-33B(4) for panais~im to spt~oval of m.sq~trutine into two 1.~-*- aeeeesoq~ (Stage) building ute deed conveyances, each lot with a mhck at less than the hvJn$ insufficient area and pru- qulrcd 20 feet fr~m the eeuthedy ~*-,~a ceasrutcslcm to meca setl~ck jwoperty line. The let at~a of this :.. sequiremeors for this R-40 Zone :' percel is nmee~ormin[ at 40,000 District. Loensiou of Property: ~: sq. fa. in this R-gO Z~me Distrinc :~" North Si.L* of Bayvinw Road and Locatim~ of Property: 2195 Albe~- the West Side of Re)don Drive, i~' son Lane, Arshamomaque, Oreen- Southuld, NY: Cmtnty Tax Map po fl, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. N~, 3979 -- to am ~1~ .O~i-.,'~e, Article 1~ Sertion 100-33 for qvpmval of loca- tion of two accessory (storage) · bei~s in the fm~t yard, mt eelst. Tee let area of this parcel is nm- ceefmmin8 in this R-80 Zm~e Dis- .c~nt Drive, Mattimck. NY; Cmmt Tax Map Parcel No. 1000-121-4-23, 8:25 p.m. Appl. No. 3968 -- IRENE R. MXLLER. Varisnee te the Zoning Ordinance, Article IHA : Section 100-30A.3, and Article ·XXI~, Sec~xt 100-239.4A for per- aplxoval of insufficient let area and stmctme with a setback of less than width (frontage) of two proposed - 100 feet from the top of the highest parcels, each with an existing ' point (top of bluff) on this 42,930 dwrili~L in this pendin~ division of sq. ft. parcel The parcel in queedon . .IS~L Zone Dist~:t R-40 Location is nonconformin8 as to ]ot_wJd.~ 150 feat in this R-40 Zone DistricL L~cation of Pruparty: lake View Averme (127d: feet southwest of Huntington Boulevard, a t~vm roed), Southold, NY; County Tax Map Panel No. 1000~8-3-10. 8:35 p.m. App'~975 ARTHUR 0. CARLSON. ' hte~mmion and Variance to the ~u'ldi~ ]ml~g:tm) for ~ppm',~l of mmi~dmm mm to ior~d~ ddi~ shipping and/or sales for off- trict: ASricultorul-Conse,,ation (A~). Loce,im of Propem/: 1~7S · Tax Map Parcel No. 1000-69-5- 8:4~ p.m, Appl. No. 3788 ~ ' SUN REFININg & MARKET~O. Va,innc. to tbs 7,~,,in8 Ordinance, A,~cin X. Serti~s 100-102: (1) pe,nisslon to ep.,Mish een,,uth,,ee stm~ use in mnjunction with and ncceesory to the existing gasoline amiga use en this mbmndard par- mi winch contelns less than 30.000 sq. fc in lot L,u fm each use, and (2) for interpremlon a, to h~i~t limitation of accessory (csnj~) stmcturu. Location of Property: Oxner of abe Ihs~edy Sid~ ~ Fee, tot,/Avenue and Nmmbedy ~ of the Main Road, Mattituck. NY; 1000-142-1-27. 9,-00 p.m. AI~L No. 3955 -- MINICK SBLEIqDXDO & A. AURICCHIO. · 9:i0 pA. AppL No. 3938 -- LAOE MARJNE. the subject heating. Each hear/ag ted. Ada!fi,mul time fe~ your pm- ed. For mom information, please call 765.1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEF~INOER CHAIRMAN By Lieda Kowabki STATE OF NEW YORK) ' } SS: COUNTY OF SUFFOLK) Christina Volinski said County, being duly sworn, say: Clerk of THE SUFFOLK TIMES, published at Mattituck, iff the Tow; Suffolk and State of New York, and the annexed is a prfnted copy, has b( said Newspaper once each we successively, commencing on ti October 19 90 Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St., N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, $outhold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360,'~outhold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 J. Kevin McLaughlin, Esq., P.O. Box 803, Greenport 11944 Karen Hagen, Esq., P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq., P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq., P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq., Drawer W, Jamesport 11947 Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq., P.O. Box 1547, Riverhead 11901 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October S.E.9.R.A. TYPE II ACTION DECLARATION SCOTT L. HARRIS Supervisor 17, Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1990 Appeal No. 3980 Project/Applicants: Virginia 01ga Lee County Tax Map No. 1000- 92-]-4 Location of Project:J455 Cedar Beach Road East, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of deck addition to dwelling with insufficient sideyard setback and reduced front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted 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 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 OCr - 2 990 TO: FROM: DATE: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK OCTOBER 2, 1990 ZONING APPEAL NO. 3980, VIRGINIA OLGA LEE Transmitted is an application for variance submitted by VIRGINIA OLGA LEE together with the Notification to adjacent Property Owners, Notice of Disapproval from the Building Department, Short Environmental Assessment Form, Board of Appeals Questionnaire Form, Survey of Property, and deck addition plan. Judith T. Terry Town Clerk TOMN OF SOUTHOLD ZONING BOARD OF APPEALS COUHTY OF SUFFOLK :STATE OF ~ YORK - TO~I OF 8OUTHOLD : ZONIHO BOARD OF APPEALS HEARINO : Town Hall 53095Main Road P.O. Box 1179 8outhold, Hew York 11971 November 1, 1990 7:30 P.M. BEFORE GERARD P. ~OKHRINOER, Chairman. BOARD CHARLES ORIOOHIS, JR. SERGE DOYEH, JR. JOSEPH H. SA~ICKI - Absent JAMES DIHIZIO, JR. ALSO PREBKHT: LINDA ROMALSRI, Board Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THS CH~IRHAI~: If we render a decision around the 15th of November, that should be okay? HR. OSANI: Yes. Sure. THE Cl~II~l~l~: We thank you very much for coming in. I make a motion reserving decision until later. HR. DINI%IO: Second. YEE ~HAIR~tN: All in HR. ORIOONIS: Aye. HR. DOYEN: Aye. MR. DINIZIO: Aye. (Time noted: 7:38 p.m.) THE CHAIRI4~N: The next appeal is in behalf oflVirginia Olg~ Lee, Appeal Number 3980. The legal notice reads aa follows: (Legal notice read off record.) THE CHAIRFIltN: I have a copy of a sketch oE a survey. It appears to be dated October 22, 1982, by Roderick Van Tuyl, P.C., indicating Lot Number 91 of the original subdivision shown, which there is placed a one and a half story frame home of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 9 5 feet or less to Inlet Way, which is.,a private road within that subdivision. The nature of this application is a deck which is being extended to the north of the present dwelling. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there anybody that would like to be heard? MS. LEE: I am Virginia Olga Lee. The original house was built in the forties, I guess, and the side oE the house next to the road is not in alignment to the road. So when the deck was added to it, the corner of the deck was closer to the road. I was not aware of this tradition, at the time. I have some photographs, if you would like to see. THE CHAIRIq~N: Surely. Yes. (Hs. Lee handing above-mentioned photographs to the Board.) HS, LEE: The deck is 7 foot 2 by 25 foot 10. THE CHAIRIOtN: Yes. Just for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 10 record, the pictures that were presented are pictures indicating the deck and in its present status which has a sun visor type of roof over it with colunms for the purpose, I assume, of sun protection. Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Any questions from Board members? Hearing no further questions, I make a motion closing the hearing and reserving decision until later. MR. DINIZIO: Second. THE CHAIR~4AN: Ail in favor? MR. DINIZIO: Aye. MR. DOYEN: Aye. MR. ORIGONIS: THE CHAIRMAN: for coming in, ladies. We hope to have a decision for you in the near future. (Time noted: THE CHAIRMAN: behalf of Donald Swahn, Aye. Thank you very much 7:44 p.m.) The next appeal is in Appeal Ntuuber 3978. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 CERTIFICATION I, GAlL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Town of Southold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAIL ROSCHEN Official Court Reporter 145A TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ c~?O ...... TO THE ZOI~ING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ...... ...... Name of Appellor~t Street and Number c~C/7-/-~-lO .... ../~..(....~../ ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... of ( ( ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO .............. Name of Applicant for permit Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ............ /....~...~i~.~c~..../~.......~......~...~..~/~........~.~..~... Street /Hamlet / Use District on Zoning M~p District 1000 Section 92 Block ! Lot9 Current Owner Map No. Lot No. Prior Owner. ,~! 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 ,~/ // Section 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 Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (ha~been made with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (/.~ A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that F~rm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 STATE OF NEW YORK COUNTY O F ~/4~Z)Z~ SS Sworn to this / day of ........... ~ .................... 19 ~ ~ Notary Public TOWN OF SOUTHOLD, NL~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~ J~O DATE ..L°./.~./~....~. ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .................. ...................... Name of Appellor~t Street and Number ........... ~..O....U...T..(...~....~../~. ................................................................ ~...~ ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .................... Name of Applicant for permit ......... ........ ..................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY /~G-G' ~./D.,f/L t~./+ J~b-~-, ~E~l~ ~ ~ Street /Hamlet / Use District on Zoni~ Mop Dist~ct 1000 Section~Block/ Lot~ . - .................................................................................. ~urren~ ~ner /l~l~l~ ~ ~ Mop No. Lot No. Prior Owner ~/~C~o~~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section a~ph of the Zoning Ordinance by number. Do not quote the Ordinance.) Articl~ ~-,~1¥ Section /O6)--~ ~ r'~ 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (t~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) REASON FOI~ APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE 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 ;e~ STATE OF NEW YORK COUNTY OF ~SU ~'/~ zj~ SS Sworn to this ...................... .~.. .................... day of BOARD OF APPEALS, TOWN OF SOUTHOLD ~the Matter or t~he.~titlon o; : to the Board of Appeals of e Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(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: 3. That the property which is the subject of such Petition is located in the following zoning district: 4 lha[ h~ sucl~ Pelition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Co.~de a~oplicable to the relief sought by the under- signed are Article ~X / ~ Sectio~ /~)~9 ~ [ ] Section 280-A, New York Town Law fo~ approval of access ove~ right(s)-of-way. 6. ~hat within five days from the date hereof, a written Petition requesting the relief specified above will be filed in ~he Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 76~1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or. your representative have the right to appear and be heard at such hearing. eet~ti"ne~ ' Owners'Names: Post ofri: aaa es [Copy of sketch or purposes.] plan showing proposal to be al~~ience NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 166 073 522 RECEIPT FOR CERTIFIED MAIL (See 166 073 521 NOT ~0~ NNT~BN~T4ONAL (See Reverse) STATE OF NEW YORK ) ~_/~ / ~ /1~ .beinld~yswon, d~os~an ays to e~ y of---v ~C~ / / , 19'~ ~ , depon~r ~iled a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named pe~ons at the address~ se~ opposite their r~tlve names; that thc addresses se~ opposite the na~s of said persom are the addresses of said persons as ~own on that said Notices were mailed at the United States Post Of- ; that said Notice~/were mailed to each of said persons by the current assessment roil of the Town of Southold; (certified) (registered) mail. Sworn to before me this // day of ~ , 19 '~' ~' ry Public (This side does not have to be completed on form transmitted to adjoining property owners.) ' ~PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P_ART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) APP CANT/SPO SOR 3. PROJECT LOCATION:. ~c~J~(..~'~-~/.~ 4. PRECISE LOCATION (Street address and road ;,,;a~actions, prc..~;,,a,,; landmarks, etc., or provide map) S. IS PROPOSED ACTION: r-I New [] Expansion [] ModiflcaUonlalteratlon 6. DESCRIBE PROJECT BRIEFLY: 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If NO, describe briefly g. WHA IS PRESENT LAND USE IN VICINITY OF PROJECT? ~Residenfia, [] ,nc~ustrial ?-~ Commercial [] Agriculture [] 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 I! yes, list agency(s) and permit/approvals [] Yes [] NO If ye~.. list agency name and permit/approval f CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponso, r /.ame: d, d/7 ? Sfgnature ~~ he~ction is in the Coastal Area, and you are a ~ete ~oast~l Assessment Form before proceeding with this assessment the OVER I (Con:~nued on :eve:se s~de) SEQR __~he_N.Y.S. Enviro'nmental Qualit- Review ~ = ~ORT ENVIRONMENTAL ASSESSMENT FORM ~NSTRUCTIONS: (a) In--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 has been answered Yes the project may be sig- (o) 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 /No unusual land form on the site? Yes 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 8. Will project have a major effect on visual char- known to be important to the community? _~_Yes ~ o 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? ____Yes _~No 10. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes o Il. Will project result in major traffic problems or cause a major effect to existing transportation iN · 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 _,__No 13. Will project have any impact on public health 14. Will project affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect on the characte-~ of the community or neighborhood~ 15. Is there publi~controversy Conce in the project? //,- . . Repres.nting: / Dat.= Z~A ~175 QUEST!O~'~NAIRE TO BE CO.'.IPLETED AND SUBMITTED YOUR A?PLZC~TION FO~-IS TO TIIE BOARD OF 'A~PEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there (Attached Town Code, b)Are there any areas which conu~in wetland grasses? is a list of the wetland grasses defined by ~ Ch. 97 for your reference.) Yes any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers,,decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground 1-~17 State total: .... ft. ,es 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~17 State total: ........... ft. Yes ~' 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes ~N~ 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes n~k State Permit # and Nature: · · Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board ~ Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please Please list present use or operations conducted upon the subject property at this time and proposed submit photographs for the record. Yes Yes Yes Yes Yes Yes Yes ~ - certify that the above statements are true and are being submitted for reliance ~'the//.. Board of ~als ~in considering my. application. ~gna~ure""--(~oper~y Owner/ (Authorized Agent) 1188 " WETLANDS [Amended 8-2F,-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) Ail lands generally covered or intermittently ered with. or which border on. tidal waters, or lands lying beneath tidal waters, which at mcan Iow tide . are covered by tidal waters to a maximum depth of five (5) feet. including but net limited to banks. bols. salt marsh, swamps, meadows, flata or other low lying lands subject to tidal action: (2) All banks, bogs. meadnwa, 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, sca lavender, tall cordgra~s, high bush. cattails, groundscl, marattm:dluw and Iow march cordgrass; and/er (3) All land immediately adjacent to a tidal wetland aa defined in Subsection Al2) and lying- within seven. fy-five (75) feet landward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (1) 'Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive. of the Environmentol Conservatiou Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet° land." as defined in Subsection 13(1) and lying- xvith- in seventy-five (75} feet landward of the most land- wahl edge of a "fi'eshwater wetland.' 9705