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Home My WebLink About3822 TOWN OF $OUTHOLD, NEW YORK '~EIVED APPEAL FROM DECISION OF BUILDING INSPECTOR JAN 1 8 APPEAL NO. ~ ~:c~- TO THE ZONING BOARD OF APPEALS, TOWN ............. ..... .... Nah~e of Appellant Street and Number ............. .~..0..k4..4Z...kO..I.4 ......................................................~..:.y^ ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO..~_./.7...~T.//~.......Z,,... DATED ...... ..~...~..~.:..../.../r.../.ff....~.~. ........ WHEREBY THE BUILDING INSPECTOR DENIED TO Ndme of Applicant for permit of . ...... .............. ................ Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY /.:D..L~..d.l.~.~-../ff...~..:...~.C~,./.:..~...~..~:~f~A..~../~,: ................. Street /Hamlet / Use District on Zoning Mop .D.!.s..1~:~.c.~.?.~..~.~..S..e..c..~.~!~..n.~.~.~..~?..1...~.c...k~../..L..~..~...~..~..~Current Owner ~.S~'& Mop No. /00~) Lot No. ~ ~ Prior Owner L~/,~9~a~L~ 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 Do not quote the Ordinance.)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 //9/~ ~'~? ~ /©0 ~/ ~ /©0 - // ~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ~)~ VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ) 4. PREVIOUS APPEAL A previous oppeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property, Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP. APPEAL ) A Variance to Section 280A Subsection 3 · -~A Variance to the Zoning Ordinance ) is requested for the reason that Porto ~.I~I (Continue on other side) REASON FOR APPEAL Continued 1. 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,¢ ) ss .... ~ ..... - ....... Sworn to this ................... (A ...................... day of ......... ~ ..................................... 19~ Notary Public HEtEN K, DE VOE NOTARY PUBLIC, Sta~ of New York Ne. 4707878 Suffolk County ~- ~ Term Exp ms M~:fch 30, 19 ~/ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date~. . 1...'~ ~-'v,:x.(~4_. ~.0 ....., 19 .~. ~.. To ~~.~.:~.~.~/.~.~ .... PLEASE TAKE NOTICE that your application date .d .~~.. 1 ~ ....... ,19 .~ ~.. ~& · ~'~%~'~ ~'~~ .... at for pe~it to ~ ~· . , '~ .... ~ ....................... County Tax Map No. 1000 Section .... ~ ~ ~ .... Block .... ~ ~t ....... Lot .. ~. ~ ....... Subdivision ................. Filed Map No ................. ,Lot No ................. ~ is returned herewith and disapproved on the following grounds ~. '~,~, . .~% ~ee~ J o'~-.~' ~ ~,~ ......... ............................................... _. ....... ~-~ B~lding Inspector RV 1/80 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ..: .~...~....~....~..-. ....... ,19'?, .~.. for permit to .. · ~--. ~ · · ~ ......................... at House No. ' .............................. Street Ham/et County Tax Map No. 1000 Section ...~..~..~ ...... Block .... .~ ~1 ....... Lot ...~..~, ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~.~...~..~. ~..~ .]..~. ~ , ....~. ................ ~,~.~.,., ...... RV 1/80 _//z~ '?.~_/...~WN OF SOUTHOLD PROPERTY RECORD CARD- (~WNER STREET FORMER OWNER N RES..2/O s~s. IMP. ' VLTAL FARM LAND AGE NEM/ FARM Tillable 1 Tillable 2 Tillable 3 ~, Woodland Swampland Brushland House Plot Total DATE VILLAGE COMM. CB. MISC. Mkt. Value REMARKS DIST.: SUB. LOT 1 ACR. TYPE OF BUILDING BUILDING CONDITION NORMAL BELOW ABOVE Acre Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD M. Bldg. :3~ ',~':': ~;~,~ Foundation ~ - "· - Extension .... ? ~.... ~*..';~: ./ ~ ., ~ ~ ~ ,3 ~ p easement ~ ~ FI~ Extensi~ ~ g: ? , Fire Place ~c~ He~ ~.~ . Porch ~'I,a .,. Y' A~ic ~ ~-/ - Porc~ ,~,~ ~ ;,~ ,~ ~ ~ :, ~2~-'~ R~ms 1st Flor Br~z~a' ' Patio Rooms 2nd Flor /Driv~oy ~ ' ' I /.S' 7,S-o Southold Town Board of Appeals MAIN I~OAD-STATE ROAD 2S SOUTHO .... N { 6) 09 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. February 10, 1989 Mr. Alfred Skrzpecki Eastern Painting P.O. Box 900 Mattituck, NY 11952 Re: Appl. No. 3822 - Joseph Macari (Variance) Dear Mr. Skrzpecki: The Town, as you may know, has recently effectuated the new Master (Zoning) Plan Update, and our office has been reviewing all the pending applications, which were filed under the previous Zoning Code regulations. In reviewing your plan submitted under the above variance application, this Department has taken the position that we are without jurisdiction at this time. Attached is a copy of the new Section 100-242 with regard to "nonconforming buildings with conforming uses," which states that enlargement shall not be prevented if such action does not create any new nonconformance or increase in the degree of nonconformance with regard to the regulations pertaining to such building. We are providing the Building Inspector's Office with a copy of this letter, and suggest that you or the property owner follow-up with your pending Building Permit application with their office. Please be aware that this position may be subject to change in the future, subsequent to any additional amendments of the Page 2 - February 10, 1989 Appl. No. 3822 - Joseph Macari To: Mr. Alfred Skrzpecki zoning laws, if you are not able to obtain your building permit and start construction, pursuant to the appropriate permits. Yours very tr~ly~ ~ ~ GERARD p. CHAIRMAN lk Enclosure cc: Building Inspector's Office Mr. Victor Lessard, Principal Building Inspector Mr. Thomas J. Fisher, Building Inspector Mr. Joseph T. Macari 26. Chapter lO0 is amended by adding a new Article thereto, to be Article XXIV. to provide as follows: ARTICLE XXIV Nonconforminr~ Uses ond BuJldino~ Section 100-240. Purpose. The buroose of this article is to reduceo? minimize imnacts of. uses and ~_ection 100-241. Nonconformlnc} uses. Shall not be chanaed back to a less restrictive use. if charmed to a mo,'~ E.~. Shall not be re-established if such use has been chanqed to. or replaced ,by. a contormlncl use. F. Shall not be repaired or.rebuilt unless the use is channed to a confo~-mincI ~V t hincl in A~. Nothinq in this article shall he dee~ned o [~revent 1. rem J ' -90- R-80 R-'-80 · SOUl PEGONIG }nservotion v Density AA ~ Density A · Density B v Density C Density D ~esidential R -40 fice Park FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OYFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on the following grounds....z,~.....~...~. ~ ....... , ,~' . ...... :", ~'"~'7"~:"~ ...... ~~:.~.~~..~....~..w~.~..~....~ ~..~~.,...~: .... ~.5~ .... ~~ ..................................... RV 1/80 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .~ .~.~.. . :. .-.. .~~,. ~...~... ~,.~ ~.,. ........ . _ _PLEASE TAKE NOTICE that your application dated ., ;.o...~....~.,...~..-. ........ 19 for permit to ..................... at Locationof?roperty .~.~....~..~ ~..q~.X~. , .~~ Ho~e ~Vo. ' ..................'S't/eJ ..................... ~ Ham/et County Tax Map No. 1000 Section ....O. 9..~ ...... Block .... pN Subdivision ................. Filed Ma o. : ............... Lot No .......... ...... is returned her. ewith and disapproved on the following grounds. ~.'.c~...~....~. t..~ .].4~. 9-.~. ' 'L ' ~ ~l ' ' , '~ .... ..... .~.: ...... .~...,-~.- ....... ~ ..... ~.~..~....~...~....~ .... ......... : .............................. ' ...... ' ....... Appendix C State Environmental Quailty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR //,~,-~E' ~, ~- -~-i~¢),'~ 2. PROJECT NAME 3. PROJECT LOCATION: E. IS PROPOSED ACTION: [] New [] Exl~anslon M[~odilicationlafteratlon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~ND AFFECTED: Inilially acres Ultimately S. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. WHAT, HAT IS P/IS RESENT LAND USE iN VICINITY OF PROJECT~ nlial [] Inaustrial ~[] Commercial ~ Agricu[lute [] Park/Forest/Ope~ Sl~ace [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~ I! yes. list agency(s) and permillapprovais DOE ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [:]NO Ifye'~'listagencynalnean~lpermltlappr°va' Sc,i; /~l,q* ~e ~,{- ,4Jo -~/ 75--1~ Z I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE A..:,ea.,,s.o.so...m.: z v e / the action is in the Coastal Area. and you are a s~ate agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse I side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short E~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) ~nvironmental Assessment 15. project? Preparer'$ Signature: ZHA ~/75 . 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~es 2. Will there be a major change to any unique or unusual land form on the site? Yes L/Go 3. will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large, impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? Yes 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Willair quality? project result in a major adverse effect on Yes ~N~ 8. Will project have a major effect on visual char- acter of the community Or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=al importance or any site designated as a critical envirc~mental area by a local agency? ___Yes ___No 10. Will project have a major effect on existing or future recreational opportunities? .. Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? Yes ___No 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 or safety? ~Yes ~/No ~4. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes __._N~"o period or have a major negative effect on the charact~ of the community or neighborhood? Is there public controversy concerning the QUESTIO:~NAIRE TO BE CO:.IPLETED AND SUB~'IITTED YOUR APPL£CAT[ON l'*OiU.l~ 'FO '['lie $~ARD ~3[.' APPEALS 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? Yes ~ 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: -. /~ ft. Yes ~ If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: .... ft. Yes .NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes ~ Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: ~j~. ~+ ~O ~lT_~-l~ ~ Yes No 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 Yes NO Yes ~ Yes ~ Yes No Yes ~o Yes NO Yes ~k3 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes Yes 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? Yes No 13. Please list present use or operations conducted upon the subject property at this time ~,.~C~.~>,~ ~ and proposed ~_%{~ / Please submit photographs ~or tl~e recora. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application· SignatUre {Property Owner) ~U ~: r'l: e (~ .~j~ n/~ ) / ~ 1/88 WETLANDS [Amended ~-26-7G I,y L.L. No. 2-1976: 3-2U- 85 by L.~ No. 6-1985]: A. TIDAL WETLANDS: (1) All lands ~cnerni{¥ cnv~,-.,d or in~rruittently ('ov- ercd with. or wb/cb bord,,r on. tidal wot ~r:l. OF binds ' lying beneath tidal water~, whicb aC moon iow , are covered by rids{ waters to a max/mum depth five (5) ice[. inclm{in~ but not {/m/ted to banks. bo~s. salt marsh, sw~mp~, meadows, flats or other }ow lying lands subject to [ida{ act/on: (2) All banks, bogs. meadows, flats o,d tidal marsh subject ~ ~uch tides a~d Upon which stows or may grow some or any of the fei{owing: sak bay, black grass, saltwort, sea lavender, to{{ cord~rass, high bush. cattails, gronndsei, marshmallow and iow march cordgrass; ami/or (3) Al{ land immediately adjaccn[ to a t/dui wetland us defined in Subsection Al2) and lying w/thin seven- ty-five (75) fcc[ Jam{ward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (i) "Frcshwa~r wet{ands" as defined in Article 2,1, tle 1, ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Conservation Law of the Sta~ of New York: and (2) All {and immediately adjacen~ ~ a "freshWater wot- land." as defined in Subsection ~(I) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fresh~vater wet{aud." 9705 rI