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Home My WebLink About3737 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11g?1 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Application pf JOHN AND JOAN POLYWODA for a Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 11'6" x 36' addition (for storage) with an insufficient sideyard setback at the westerly yard area, at premises known as 55560 Main Road and 20 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-62-3-2. B-1 Zone District. WHEREAS, a public hearing was held and concluded on July 14, 1988 in the Matter of the Application of JOHN AND JOAN POLYWODA under Appeal No. 3737; 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: 1. By this application, appellants request a Variance from Article VII, Section 100-71 of the Zoning Code for permission to construct an addition to the existing building for the purpose of storing empty bottles and cans (required under the N.Y.S. Bottle Bill). The addition is proposed of a size 11'6" x 36' and is to be set back not closer than 20 feet from the westerly property line as shown on site plan prepared by Peconic Surveyors and Engineers, P.C. dated October 28, 1987. 2. The subject premises contains a total area of approxi- mately .25 of an acre, with 71.27 ft. frontage along the south side of the Main Road and 125 ft. frontage along the west side of Hobart Avenue, in the Hamlet and Town of Southold. This property is identified on the Suffolk County Tax Maps as District 1000, Section 62, Block 3, Lot 2. ~age 2 -,Appl. No. 3737 Matter of JOHN AND JOAN POLYWODA Decision Rendered July 14, 1988 3. The lot in question is located in the "B-i" General Business Zoning District, and an application is pending as required by Articles VII and XIII of the Zoning Code for site-plan approval before the Town Planning Board. 4. Article VII, Section 100-71, Bulk Schedule, of the Zoning Code requires a minimum sideyard setback to be 25 feet. The percentage of relief requested by this application is not in the Board's opinion substantial, Hit~'~ction of 4.2 feet from the required setba~._~.~~' 5. It is the positlon of this Board that: (a) the relief as requested is the minimal necessary and is not substantial in relation to the zoning requirement; (b) the practical difficulties are sufficient; (c) the property is unique as to its substandard size and limited front and rear yard areas; (d) there is no alternative available for appellants to pursue; (e) the relief will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (f) in considering all the above factors, the interests justice will be served by granting the relief, as applied and further noted below. of Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance from the Provisions of Article VII, Section 100-71, Bulk Schedule, of the Zoning Code for permission to construct addition for storage purposes with an insufficient sideyard setback, in the Matter of the Application of JOHN AND JOAN POLYWODA, Appl. No. 3737, SUBJECT TO THE FOLLOWING CONDITION: Proper screening and drainage under Site-plan approval from the Planning Board as required by Articles VII and XIII of the Zoning Code. vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. /'I~ECEIVED /{ND 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 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, JULY 14, 1988 at the following ~imes: 7:30 p.m. Appl. Ko. 3733. Esme and Nicholas Lagudis. Variance to the Zoning Ordinance, Article XI~ Section 100-119.2 for permission to locate accessory (gazebo) ~ructure within 100 feet of the top of bluff along the L.I. sound, at premises known as 760 The.Strand, Pebble Beach Farms Subdivision Lot ~129, East Marion~ NY, County Tax Map Parcel No. 1000-3Q-2-84. 7:35 p.m. Appl. No. 3735. DINO AND LY~N ROSSINI. Variance to the Zoning Ordinance, Article XI~ ~ection 100-119.2 for permission to construct deck addition, landing and stairs near and along bluff of the L.I. Sound, at pmemises known as 755 Soundview Avenue, Mattituck, NY; County Tax 1000-94-1-6. 7:40 p.m. Appl. No. 3736. JO~iN R. SCH~ the Zoning Ordinance, Article XI, Section 100 permission to construct deck addition within along Peconic Bay, at premises known as 160 Southold Shores subdivision Lot ~2, Gre~nport Parcel No. 1000-56-7-20. ~p Parcel No. EYER. Variance to -119.2 for 75 feet of bulkhead lue Marlin Drive, , NY; County Tax Map 7:45 p.m. Appl. No. 3738. GEORGE BORNSCHEIN. Variances' to the Zoning Ordinance, Article III, Section 100-31, for permission to extend garage located in the f~ontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maxl]~um-permitted lot coverage requirement, at premises known as 56) Oak Street, Cutchogue, NY; Lot ~24 and one-half of ~25, M~ of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. 7:50 p.m. Appl. No. 3743. NORTH FORK G~EEK COMMUNITY ASSOCIATION, INC. Special Exception ~o the Z)n~ng Ordinance, Article III, Section 100-30B for permission t expand building for a Place of Worship .at premises known as 1)50 Luthers Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-9-6.1. V8:00 p.m. appl. No. 3737. JOHN and JOA POLYWODA. ariance to the Zoning Ordinance,~-~i~ ~-~, Section 100-71 to construct 11'6" x 36' addition (for storage)~ith an insuffi- cient sideyard setback at the westerly yard a]'ea, at premises known as 55560 Main Road and 20 Hobart Road, ~outhold, NY; Countv\ Tax Map Parcel No. 1000-62-3-2. B-1 Zone Dis~.rict. 8:05 p.m. Appl. No. 3741. DOUGLAS AND ILIZABETH WHELAN. Variance ~o the Zoning Ordinance, Article III~ Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of ~xisting dwelling which has been determined by the Building Inspector to be frontyard area, at premises known as 1145 Old]Harbor Road, New Suffolk~ NY; County Tax Map Parcel No. 1000-117-03-8. Page 2 - Notice of Hearings Regular Meeting-July !4~ 1988 Southold Town Board of Appeals 8:10 p.m. Appl. No. 3748. jAMES and ELAINE KELEMBELIDISo Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient rearyard setback, at premises kno%~ as 395 Dogwood Lane, Southoid, NY; County Tax Map Parcel Nee 1000-54-5-28.1 8:15 p.m. Appl. No. 3742. OLIVER Ck~PBELL. Special Exception to the Zoning Ordinance, Article IX, Section 100-90A for permission to construct principal building for s~orage purposes in this C-i Industrial Zone District in conjunction with sand and stockpile yard~ at premises located along the west side of Cox Lanef Cutchogue, NY; County Tax Map Parcel No. 1000-84-03-5. 8:25 p.m. Appl. No. 3745. JOSEPH SPiTALIERE/JOP~ C.W~ CAMPBELL. Variance for approval of access in accordance with New York Town Law~ SectiQn 280-a over private right-of-way located along the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000-90-4-14 and 19o 8:35 p.m. Appl. No. 3749. STERLING IDEA VENturES. Variance to the Zoning Ordinanee, Article ViI~ Section 100-71~ Bulk Schedule for approval of insufficient rearyard setback from the northerly property line for proposed principal building~ at premises known as 46025 C.R. 48, Southold, NY; County ~ax Map Parcel No. 1000-55-2-i8.1~ B-1 General Business Zone District~ The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in eack of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing~ Each hearing will not start before the time allotted~ For more infcrma~icn~ please call 765-1809. Dated: June 27~ 1988. BY ORDER OF THE SOU~HOLD TOWN BOARD OF A~PEALS GERARD P. GOEHR~NGER~ CHAI~N Linda Kowalski~ Board Secretary Instructions ~o newspapers: Please publish on THURSDAY, JUNE 30, 1988~ and forward davits of publication to: Board of Appeals~ Main Road~ ~ 11971, on or before July 5~ 1988. 11 affi- Souto!d~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE~ -~ //'~' /~. -'7~..~..that your application dated ..~ .... ~/~?~.. ................ 19 .~..?. Location of Property~ouse .~.~,. ..... 0-'~'~ ....... ~ ~'~ Street- ................ 5~'~~mtet~ County Tax Map No. 1000 Section ...... ~...~.... Block ...... [ .--~ ....Eot .... ~-. ........ Subdivision ................. Fi/ed Map No ................. ,Lot No .................. is returned herewith and disapproved on the following grounds, t~..~...,.~. ~.../.~. ¢...7./'... RV 1/80 Examined ................. 19... Approved ................ , 19... Permit No ........... Disapproved a 'c ..................................... TOWN OF SOUTHOLD CHECK .......... BUILDING DEPARTMENT SEPTIC FORM ............. SOUTHOLD, N.Y. 11971 i,] , . (Building Inspector) APPLICATION FOR BUILDING PERM INSTRUCTIONS a. Tl~s application must be completely filled in by typewriter or in ink and sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relation: or areas, and giving a detailed description of layout of property must be drawn cation. c. The work covered by tins application may not be commenced before issu d. Upon approval of this application, the Building Inspector will issued a Bu shall be kept on the premises available for inspection throughout the work· e. No building shall be occupied or used in whole or in part for any purpos shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE ro the Building Department for the iss Building Zone Ordinance of the Town of Southold, Suffolk County, New Yor} Regulations, for the construction of buildings, additions or alterations, or for ~ The applicant agrees to comply With all applicable laws, ordinances, building c ;ubmitted to the Building Inspector, with 3 hip to adjoining premises or public streets on the diagram which is par[ of tins appli-' race of Building Permit. Iding Permit to the applicant. Such permit whatever until a Certificate of Occupancy ance of a Building Permit pursuant to the , and other applicable Laws, Ordinances or =moral or demolition, as herein described. ~de, hOtlSing code, and regulations, and to ...g.,,.. .... f applicant, or name(if a corporation) {ailing address of applicant) State, ether applicant is_ owner, lessee, agent, architect, engineer, general )ntracror, electrician, plumber or builder. Name of owner ofpremises...Jr2..%Y.i..., t~.ff.~.(~ l-[/LA2~(.5 ~.~..~ i ' (af°n the tax roi1 or .................................. atest deed) If applicant is a corporation, signature of duiy authorized officer. (Name and title of corporate officerl ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Otlier Trade's License No ...................... Loc~.j~r~.n,o.[ land on ,vhich pLoposed w;rk will be done. (...-'~...k~.[.V.~..'~ House Number Street County Tax Map No. 1000 Section ...... ~ .~ ..... Block .................. ........................ Lot... ~ ............. Subdivision ..................................... Filed Map No. [Name) State existing use and occupancy of premises and intended use and occupan¢ a. Existing use and occupancy . -¢~k~ O~.¢'C. (;k~7 . .~ . .~-~ b. Intended u se and occupancy ~; '~4~ '~ ............. Lot ............... of proposed construction: ................. ................ 3. Nature of work (check which ap~.,cable): New Building .......... Addition ...~.. .... Alteration Repair .............. Removal ............. Demolition .............. Other Work ~'" ~ ~-v (Description) 4. Estimated Cost ..... ~ .~.q ,-.~.~ --.~ ...... ~_;_ [7 ~ '_ ........................ Fee ...................................... , -, f,m ~ tto be paid on filing this avplication) 5. If dwellin'g, number 0Tl~weIIin~p~ts ............. Number of dwelling units on each floo~ Ifghrag4 number of cars ..i?[j ............................. ' ................ 6. If business, commercial or mif~ff~ccupancy, specify nature and extent of each type of use ............. 7. DimenSJ~n~l:(~ifany: Front ......... Rear Death He!ght~ ~ ~'~ .~ ~,:,:~, ~-'d um ~r' ............ ~ ............... '~.:~ ~m~---.~-~ l~e of Stones . .. Dim ~2:?~ ~ ~-, .': . ~ . . . ' ..................................... . c~~ff~-tmet~re4vlth alterations ar additions: Front ................. Rear .................. Depth ...................... Height .................... Number of Stories ...................... 8. Dimensions of entire new construction: Front .7~* .~. ~.~ Rear ././. ~ ~',, ~ .................. Depth . o ~.& ........ Height .. ~'A: ......... Number of Stories .. 9. Sizeoflot: Front ...~Z-.?f ............. Rear ./.~./,.~.~' I0. Date of Purchase . .}. 9.~[ ................. - ............ Depth .Z.~.~--~."P. · . Name of Former Owner . . .~-.~ ~ . .~..~:C~..O-~ ........... !I. Zone or use district in which p~emises arc situated .............. i 2. Does proposed construction violate any zoning law, ordinance or reo~l'~;~' ' ' ~ ~ ........................... ~3. ' ~ ' ~ .....n: ~,,. ~ ............... Will lot be regraded .~.~.(C" ,-'- c- · - ' ......... ;~-- ..... ~-,~2..~- - -~ .... ~ ........... ,in excess ~i11 oe removed from premises' Yes I4. ame °f Owner °f premises 2~" -'¢~'~.~'~O[~'~u.~e~-- Address .~mc.~-~ .~ ~ Ph,.,,~ w,. Q(~-- ~4%'3 Name m Arcnnect ....... 2L2d~ ...... ~ ........ Address ................... Phone No ................ amc of Contractor .......................... Address .... : ............. Phone No.., ............. 15. Is this property located within 300 f~et 'of a-tidal wetland~ *Yes . No '~. · If yes, Southold Town Trustees Permit maybe'required. PLOT DIAGRAM Locate clearly and distinctly a/1 buildings, whether existing or proposed, and~ indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. , - STATE OF NE~O/~ (N~ime of individual si~n~g contract) , above named. Heis the ........ ~.~ .... (Cbntractor, agent, co,orate officer, etc.) of said owner or owners, ~d is duly authored to ~erform or have performed the said work and to m~e and file this application; that all statements contained ~ this application are tree to-the best of his ~owledge and belief; and that the work w~l be perfo~ed in the m~ner set forth in'the application filed therewith. Sworn to before me this ................ ~'~/ .day ~'~ .... , 19 ~m~r 8, '~ TOWN OF $OUTHOLD, APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAJ_ NO. ~ 73 7 ~°_~.;~T~,NG--'--'" -- BOARD OF APPEALS. TOWN OF SOUT.OLD. ". ¥. ,. ................ ................ Name of Appel~a~ (~ it~t and Number ..... ................................................ ................J~ HEREBY A~L TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF rile BUILDING INSPE~ ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ~;~;~"' for of t and Number Municipal Stat/~ ) PERMIT TO USE (.~ER~IT' -" FOR OCCUPANCY 1, LOCATION OF THE PROPERTY ~....~J~..~..~>~J~<~,,i~.'.~...!;..~,,.',.~(~i~ ............................. Street /Nam/etJ/ Use District on Zoning Map District lO00 Sectio~Block~ Lot~ .... : ..................................................................... ~.,.burren~ ~ne~ Mop No. Lot No. Pri or Owne~ ~'~ _'~Jr'h~:~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (1indicate the Article Section, Sub, section and Paragraph of the Zoning Ordinance by number. Do nojtm quOte the Ordinance.) Article ~ Section %00-~ m 3- ~ OF APPEAL Appeal is made herewith for (please (~. A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been 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 oriance to Section 280A Subsection 3 oriance to the Zoning Ordinance ,s requested for the reason that ~ ~.~C:~t~,~'~'4D~ Form ZB1 (Continue on other side) check appropriate box) Town Law Chap. 62 Cons. Laws ~ade with respect to this decision REASON FOR APPEAL COn-tinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficulties or,unneces- sary HARDSHIP because ~;~ ~q'~C ~\~ ~ 2 The hardsh p created is UNIQUE and is not shared by oil properties alike in the 'mmediate 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 OFTHE DISTRICT because COUNTY OF Sirgf~t~¢ .................. '~z422' '" ....... Sworn to this ............................ day of ........ , ............ 19~'('~d~ / Notary ub ic ~ - 'f. z -.TOWN OF.,SOUTHOLD OWNER STREET V LLAGE ~~,~i DIST. SUB. E :,~ ~'- 'A ' TYPE OF BUILDING COMM. CB :~: RE~. SEAS. VL. FARM k / " .. ~., M ~ . ARKS ~ND IMP. TOTAL DATE REM ' j. ~(~-' AGE BU LDING COND T ON ' N~ NORMAL BELOW ABOVE - FARM Acre Value Per Value '~'~'>:~':'~' Acre , Tillable 1 ;~Q~ , ~?:~ Tillable 2 Tillable 3 Swampland ' FRONTAGE ON ' Brushland FRONTAGE ON ROA~ ~ ~ House Plot D~PTN r~r= ~otal COLOR 'TRIM M. Bldg. Extension Extension Extension Porch Garage Potio Total Fire Place , Roof Recreation 'Driveway . Bath Floors Interior FinisF Heat Rooms 1st Floor Rooms 2nd Flora