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HomeMy WebLinkAbout3748 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLESGRIGONIS, JR. SERGE DOYEN, JR. ~ ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWICKI Upon Application of JAMES AND ELAINE KELEMBELIDIS for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient rearyard setback, at premises known as 395 Dogwood Lane, Southold, NY; County Tax Map Parcel No. 1000-54-5-28.1. WHEREAS, a public hearing was held on July 14, 1988, in the Matter of the Application of JAMES AND ELAINE KELEMBELIDIS under Appeal No. 3748; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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. This is an Application for a Variance of the Zoning Code for permission to extend an open, unroofed deck by an additional 17 feet (and variables to less than 17 feet) at the rear of the existing single-family dwelling structure and leaving an insufficient rearyard setback at 18 feet. The total depth of the open deck construction with replacement is 21 feet (17 ft. extension plus four ft. existing). 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 5, Lot 28.1. 3. The subject premises contains a total lot area of approximately .25 of an acre with 125.0 ft. frontage along the west side of Dogwood Lane, Southold, NY, and is improved with a single-family, two-story frame dwelling with attached garage as more particularly shown on the June 22, 1987 survey prepared by Young & Young, L.S. Page 2 - Appeal No. 3748 Matter of JAMES AND ELAINE KELEMBELIDIS Decision Rendered July 14, 1988 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum rearyard setback to be 35 feet. The percentage of relief requested by this application is in the Board's opinion substantial, with a reduction of 21 feet (inclu- sive of the previously-existing deck construction). The deck construction shown on the June 22, 1987 sketched map was previously set back at 34.4 (exclusive of step area); the new deck construction is proposed to be set back at 18 feet. The total variance requested is 17 feet within this Board's juris- diction. 5. It is the position of this Board that: (a) the relief as requested is not the minimal necessary and is substantial in relation to the zoning requirement; (b) unique; the practical difficulties are self-created and are not (c) the property is unique as to its substandard size and limited front and rear yard area; (d) there is an alternative available for appellants to pursue for minimal relief and further noted below; (e) the relief as alternatively granted 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 of justice will be served by granting alternative relief, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule, of the Zoning Code for permission to construction open deck with an insufficient rearyard setback, in the Matter of the Application of JAMES AND ELAINE KELEMBELIDIS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback of the new deck construction be not less than 20 feet at its closest point and setback variables at less than 20 feet (see design sketch submitted with the subject application); Page 3 - Appl. No. 3748 Decision Rendered July 14, 1988 Matter of JAMES AND ELAINE KELEMBELIDIS 2. Deck construction shall remain open and unroofed, as applied. 3. Any and all lighting shall be shielded to the property and not be adverse to area properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. This resolution was duly adopted. (Member Doyen was absent.) RECEIVED AND ~/LED BY THE SOUTHOLD TOWN ~[W~K Town Clerk, Town of Southold 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, Southoldr NY 11971, on THURSDAY, JULY 14, 1988 at the following times: 7:30 p.m. Appl. No. 3733. Esme and Nicholas .~agudis. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory (gazebo) structure 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. 1000-30-2-84. 7:35 p.m. Appl. No. 3735. DINO AND LYNN ROSSINI. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition, landing and stairs near and along bluff of the L.I. Sound, at premises known as 755 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-1-6. 7:40 p.m. App!. No. 3736. JO~ R. SCHREYERo Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition within 75 feet of bulkhead along Peconic Bay, at premises known as 160 Blue Marlin Drive, Southold Shores Subdivision Lot ~2, Gre~nport, .NY; County Tax Map Parcel No. 1000-56-7-20. 7:45 p.m. Appl. No. 3738. ~EORGE BORNSCHEIN. Variances to the Zoning Ordinance~ Article III, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutchoque, NY; Lot ~24 and one-half of 925, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. 7:50 p.m. Appl. No. 3743. NORTH FORK GREEK COMMUNITY ASSOCIATION, INC. Special Exception ~o the ZoningOrdinance, Article III, Section 100-30B for permission to expand building for a Place of Worship~at premises known as 1950 Luthers Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-9-6.1. 8:00 p.m. Appt. No. 3737. JOHN and JOAN POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 11'6" x 36' addition (for storage) with an insuffi- cient sideyard setback at the westerly yard area, a~ 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. 8:05 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of existing 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 ~ap Parcel No. 1000-117-03-8. Page 2 Notice of Hearings Regular Meeting-July 14, 1988 Southold Town Board of Appeals 8:10 p.m. Appl. No. 3748. JAMES and ELAINE KELEMBELIDIS. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient rearyard setback, at premises known as 395 ~ Do~wood Lane, Southold, NY; County Tax Map Parcel No. 1000-54-5-28.1 8:15 p.m. Appl. No. 3742. OLIVER CAMPBELL. Special Exception to the Zoning Ordinance, Article IX, Section 100-90A for permission to construct principal building for storage purposes in this C-1 Industrial Zone District in conjunction with sand and stockpile yard, at premises located along the west side of Cox Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-84-03-5. 8:25 p.m. Appl. No. 3745. JOSEPH SPITALIERE/JO~/~ 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 19. 8:35 p.m. Appl. No. 3749. STERLING IDEA VENTURES. Variance to the Zoning Ordinance, 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 Tax Map Parcel No. 1000-55-2-18.1. 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 each of the above matters. Written co~ents may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: June 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOAteD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Instructions to newspapers: Please publish on THURSDAY, JUNE 30, 1988, and forward 11 affi- davits of publication to: Board of Appeals, Main Road~ Soutold~ NY 11971, on or before July 5~ 1988. FORM NO. 3 TOWN OF SOUTHOLD BUILDE~IG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Date..~..~.~.g .................. , 19 .~..~ff~.. ~Lease for pe~it to ~~. ~... ~...~~ .................... at Location of Proper~, Hou~ No. ~/ Street co~y 'r~ ~ ~o. ~000 S~ctio,, ...... ~... mo~k ........ ~... ~ot .. ~ / ..... Subdivision ................. F~ed Map No ................. Lot No .................. is returned herewith and disapproved on the fo~ow~g ~o~ds ~~... d~.~ ~ ..... .~~. ~~~. ~.~..~.~. ...... ............ . .... ~. ~5 .... ~.~ ..... : ~: ...... ~u'zld~¢ Inspeceor RV 1/80 //,~3~-~,'~/~ TOWN OF SOUTHOLD, NEW YORK APPEAL P~i~i~ON OF BUILDING INSPECTOR APPEAL ~ATE TO THE ZONING BOARD, OF APPEALS, TOWN OF SOUTHOLD, N. Y ,, (We ....................... ..... ...................................... Name of Appellc~n~ Street and Number ....~..,.-..~e~.~...,.:.... ........... : ....................................................... ,~E~¥ ^~PEAL 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 (v/) ,~ -; .. 1. LOCATION OF THE PROPERTY ~!,~ O~,,~O . . 4./5 . . Street /Hamlet / Use District on Zoning Map District lO00 Section~Block~Lot2~./.. . Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and_~..~graph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Article ~ Section 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 Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () PREVIOUS APPEAL A previous appeal [has)~os n~) been mode with respect to this decision 4. v of the ~uilding Inspector or with respect to this property. Such appeal was { ) request for a special permit ( ) request for o variance and wes made in Appeal No ................................. Doted ...................................................................... ( ) REASON FOR .APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ·'orm 3~I (Continue on other side) REASON FOR APPEAL Continued 1. STRICT ^PPL[CATION OF THE ORDINANCE would produce practica fl,~f~cult~es or unneces- sory HARDSHIP because ~C ~~ ~ ~ ~¢ ~ 2 The hardSh~D created is UNIQUE and is not shared ay all properties alike [n the immediate vicinity of this property aha in this use district because 3 CHARACTER OF THE DISTRICT because The ~/anance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE eu-r oS ?/cee STAT~ O~ ~W ¥OR~ ) cOUNT, O~ Sc,?~r-~ SS Signoture S*orn to th*s ~' day of ........ .~..e?..~ ,* ~.r FORMER OF SOUTHOLD I~OPERTY VILLAGE RECORD CARD DISTRICT SUB. LOT IMP. '~ · 'TOTAL FARM DATE COMM. REMARKS I IND. TYPE OF BUILDING CB. MlSC, Est. Mkt. Value Farm Tillable; 1 ¥, Tillable '!~illable 3 Woodland Swampland CONDI BELOW Per 'Acre ABOVE Value L\oS:gq. FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK Extension Extension Breezeway Garage Patio O.B. Foundation C_ ~ Bath Basement Floors Ext. Walls interior Finish Fire Place - · Heat Type Roof Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer Driveway ,/ 'l DEPARI'MENT / / / / / / / / / / / / // -- LOCAT;ON HAVE ~EE~ I~-'CTi~./~ ~ TH/~; OEPARTMENT AND FOUND TO (~let'of"~astewatm* I~anaGement Sectton SURVEy FOR I~' TRANSCRIPT OF AR SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. No. 3748 Applicant(s): JAMES AND ELAINE KELEMBELIDIS Location of Property: 395 Dogwood Lane, Southold County Tax Map ID No.: 1000-54-5-28.1. Board Members present: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass and Sawicki. Absent: Doyen (due to poor weather conditions) Also Present: Victor Lessard, Building Dept., Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at8:10 o'clock p.m. and read the notice of hearing and appliation for the record. CHAIRMAN GOEHRINGER: I have a copy of a survez with the most recent date of'June 22, 1987 indicating a two-story fra~ed house and garage. The applicant propose~"to extend the deck on the rear of that,;house to a distance approximately.18 feet from'the rearyard. And I have a copy of the suffolk County Tax Map indicating, this and surrounding properties in the area. Is there somebody who would like to be heard? How do you~do? Just state your name for the record'Ssir. MR. WILCOX: 'Chester Wilcox. CHAIRMAN GOEHRINGER: Is there any particular reason why the appii- cant choose to come to a point with this deck. in the rear of the house rather than squaring 'it off? MR. WILCOX: Simply just a design. Also, one of the reasons they wanted to extend it is they have a mother-in-law who is an invalid in a Whe~l chair and it's good .for her to be out in the sun. The deck that'was ori~ina!ly there was only four feet and they'd like something bigger so that she could get out in the sun a little bit more. CHAIRMAN GOEHRINGER: I see. And the.deck is not to be roofed? The deck will not be roofed? MR. WILCOX: No. CHAIRMAN GOEHRINGER: It will remain open? MR. WILCOX: Just railing. ~age 2 - Thursday, July 1988 Puk~fc Hearing - James Elaine Kelembelidis S~thold Zoning .Board.of Appeals CHAIRMAN GOEHRINGER: Thank you. Is there.anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing and re- serging decision until later. Ail in favor - AYE. BY Nadia Moore SUFFOLK SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICE~ FOR APPROVAL OF CONSTRUCTION ONLY DATE H$ REF. NO. ,PPROVED \SURVEY FOR /~_~.~z-,,~c~Z~ AT ~N ~ SOUTHO&D SUF~ COU~T?~ NEW Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHFILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGFR, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBFRT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to 'call our office, 765-1809. Yours very trmlv_~, , ~ G'ERARD P. 60EHR~NGER ~' CHA~'RHAN Linda Kowalski Secretary and Board Clerk Enclosure Southold MAIN RI'tAD- .~TATI=' RnAD 25 Town Board of Appeals SOUTHOLD, L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI August 2, 1988 Mr. Chester Wilcox, Builder 130 Sixth Street Greenport, NY 11944 Re: Appl. No. 3748 - James and Elaine Kelen%belidis Variance) Dear Mr. Wilcox: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Town Building Department for issuance of any permits and other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Nt)ll( I t)l N()II( I I% III*RI ltY tolhw, ing hcarmg~ ',',ill b,.' held B()&RI) ()1 Alqq:.*\l ~ al a [o,n Jla[I, %lain Road. I HI R%I)AY, I{'l Y M, 19X~ at '.1) p.m. 'Xi~pl No. I'%Mi: AND Nl(ll()l AN I &( ~l'l)l% %uriancc to thc ':~ p,m..&ppi. No. DIN() AND lYNN dman~. .MtiCIc XI. ,trucl dec~ ~ddkth)n. landin~ and {raif~ neat and alon~ hhflt Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000-9,4-1-6. 7:40 p.m. Appl No. 3736. JOHN R. SCHREYER. Variance to the Zoning Or- dinance, Article XI, Section 100-119.2 for permission to con- struct deck addition within 75 feet of bulkhead along Peconic Bay, at premises known as 160 Blue Marlin Drive, Southold Shores Subdivision Lot No. 2, Greenport, NY; County lhx Map Parcel No. 1000-56-7-20. 7:45 p.m. Appl. No. 3738. GEORGE BORNSCHE1N. Variances to the Zoning Or- dinance. Article H1, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existing dwelling, aha to constnict ~- tions to square off rear of dwell- ing in excess of maximum- permitted lot coverage require- moat, at premises known as 560 Oak Street, Cutchogue, NY; Lot No. 24 and one-half of No.25, Map of Eugene Heights; Coun- ty Tax Map Parcel No. 1000-136-1-44.B1 Zone District. 7:50 p.m. Appl. No. 3743. NORTH FORK GREEK COM- MUNITY ASSOCIATION, INC. Special Exception to the Zoning Ordinance, Article II1, Section 100-30B for permissioB to expand building for a Place of Worship at premises known as 1950 Luthers Road, Mat- truck, NY; County Tax Map Parcel No. 1000-106-9-6.1. 8:00 p.m. AppL No. 3737. JOl-l14 AND JOAN POLYWODA. 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 a~ra, at premises known as 55560 Main Road and 20 Hobart Road, Sonthold, NY; County Tax Map Parcel No. 1000-62-3-2. 8.'05 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Or- dinance, Article II1, Section 100-31, Bulk Schedule, for per- mission to construct addition with an insufficient setback at the easterly side of existing dwelling which has been detes- mined by the Building lnspe~.wr to be frontyard ama, at premises known as 1145 Old Harbor Road, New Suffolk, NY; Coun- ty Tax Map Parcle No. 1000-1174)3-8. -". ~ 8:10 p.m. Appl. No. JAMES AND ELAINE KELEMBELIDIS. Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for perm. ission to ex- tend deck with an insufficient rearyard setback, at premises known as 395 Dogwood Lane, Southold, NY; County Tax Map Parcel No. 1000-54-5-28.1. ~ 8:15 p.m, AppL No. 3742. OLIVER CAMPBELL. Special Exception to the Zoning Or- dinance. Article IX, Section 100-90A for permission to con- struct principal building for storage purposes in this C-I In- dustrial Zone District in con- junction with sand and stockpile yard, at premises located along the west side of Cox Lane, Cut- chogue, NY; County Tax Map Parcel No. 1000-84-03-5. 8:25 p.m. Appl. No. 374.5 JOSEPH SPITALIERE/JOHN C.W. CAMPBELL, Varianee for approval of access in accordance with New York Town Law, Sec- tion 280-a over privnte r~ht-of- way located along Se east side 9f Cedar Beach Drive (just south of General Wayne inn) and ext£nding in an easterly and thence southerly direction to parcels identified on the Suffolk County TX Maps as No. 1000-90-4-14 and 19. 8:35 p.m. Appl. No. 3749. STERLING IDEA VEN- TURES. Variance to the Zoning Ordinance, Article Vll, Section 100.71, Bulk Schedule for ap- proval of insufficient rearyard setback from the northerly pro- petty line for proposed principal building, at premises known as 46025 C.R. 48, Soutbold, NY; County Tax Map Parcel No. 1000-55-2-18.1. B-I General Business Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to Ge heard iu each ~,f the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information. please call 765-1809. DATED: June 27, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1T-6/30/88(9) 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 - A' successively, commencing on the ......... ~ ......... d,x~.: ..... ~ .......... , 19 ..... ~ .......... Sworn to before me this ~'-'~ ~ day of ........ (~.~..?~=... ....... ]9 Notary Public BARBARA FORBES lqotary Public, State of New York Qualified in Suffolk County Corem/sS/on Expires f~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS .:, OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD To: Southold Town Zon:ng Board of Appeals From: Judith T. Terry, $outhold Town Clerk Dated: June 22, 1988 Transmitted herewith is Zoning Appeal NO. 3748 Wilcox & Son for James & Elaine Kelembelidis Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; She ~ t- -E n '., ! ~o n me~ntal- A s sc s s m e n-t - F~o. r4~-;- -I~-t t-e~ -~ela-t-~ve- t-o - N Y $ - 3'~da/- -We~ la~-~ $ L-and-J~lse; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk Mailing List Legal Notice of Hearings for 7/14/88 Southold Town Board of Appeals Copies mailed to the foll6wing on or about 6/28/88: Mr. Nicholas C. Lagudis 760 The Strand East Marion, NY 11939 Mr. and Mrs. Dino Rossini 755 Soundview Avenue Mattituck, NY 11952 Mr. and Mrs. John R. Schreyer One Wilton Ct. Great River, NY 11739 Mr. George Bornschein 1750 Stevens Avenue North Merrick, NY 11566 Mr. Gordon Ahlers P.O. Box 6 Jamesport, NY 11947 Mr. Andreas Markakis North Fork Greek Community Assn. 1950 Luthers Road Mattituck, NY 11952 Mr. and Mrs. John P.O. Box 234 Southold, NY 11971 A. Polywoda Mr. Joseph Henry (as agent for Douglas J & R Home Improvements Box 314 Greenport, NY 11944 Mr. Merlon Wiggin, President Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944 (for O. Campbell) Paul A. Caminiti, Esq. Box 992 Main Road Southold, NY 11971 (for O. Campbell) Mr. Joseph Spitaliere 9 Noel Place Smithtown, NY 11787 Mr. Garrett A. Strang, R.A. Main Road, Box 1412 Southold, NY 11971 as Agent for Sterling Idea Ventures Whelan) Mr. and Mrs. Douglas Whelan 16-232 Deer lake Road Derwood, Maryland 20855 Mr. Hank Rienecker P.O. Box 755 Cutchogue, NY 11935 Mr. Chester Wilcox Wilcox and Son (Agents 130 Sixth Street Greenport, NY 11944 for Kelembelidis) Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 76.5 1809 APPEALS BOARD MEMBERS July 14, 1988 GERARD P. GOEHRINGER, CHAIRMAN S. E. Q. R. A. CHARLES GRIGONIS, JR. - SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPHH. SAWlCKI Notice of Determination of Non-Significancn APPEAL NO..- 3748 PROJECT NAME: JAMES & ELAINE KELEMBELIDIS 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 To%~ of Southold. This board determines the within project not to have a Igc]ill- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: DESCRIPTION OF ACTION: setback [X] Type II [ ] Unlisted [ ] Extend deck with an insufficient rearyard LOCATION OF PROJECT: particularly known as: 1000-54-5-28.1 Town of Southold, County or, suffolk, more 395 Dogwood Lane, .Southo%d, NY REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Southold Town Board of Appeals, Town }[all Southold, NY 11971; 765-1809 or 1802. ' ' Secretary, tel. 516- Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) The relief requested is a setback variance as regulated'by Section 617.13, 6 NYCRR, SEQRA mc )HN R. SCHREYEP~ Variance to Zoning O~dinance, Article Xl, s~' ~)CIATION. INC. Special ~-~in~ to the Zoning Ordi- ~.~.~ lmown as 1950 Luthers ..Ta~-' ' ·.-x ~ l~m. AppL No. 3737. Variance Article V storage) yard setha, 6005- ITl30 Southold, NY; Ceunty Tax Map Pa~cul No. 1000-62-3-2. B-I Zone District. 8:05 p.m. AppL No. 3741. DOUGLAS AND K11TJ~RETH WIlE- LAN. Variance to thc Zoning Or- dinance, Attic. lc I~ Section 100- 31, Bulk Schedule, for pemtissinn to construct addition with nn ~ g:10 p.m. AppL No. 3748. Seothofd, NY; County Tax Map Parcel No. 1000-54-5-28.1 / BOARD OF APPEALS est side of Cox Lanem GER~EHRIIqGER, at premises locate CHA~a. MAN NY; County Tax Map~ Linde Kowalski. 1000-84-03-5. K} Bored S~cretaty ~. Appl. No. 3745. ~ Variance for ap- proval of access in accordance with New Yofit Town Law. Section 280-a over private right-of-way located along the east side of Cedar Beacla 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 19. 8:35 p.m. Appl. No. 3749. STERLING IDEA VENTURES. Variance to the Zoning Ordinance, A~icle VII, Section 100-71, Bulk Schedule for approval of insuffi- ciemt rearyard setback from the northerly property line for pro- posed principal building, at premises known as 46025 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1.  B-I General Business Zone District. ~ The Board of Appeals will at [ said time and place hear any and all persons or representatives de- siting to be heard in each of the may also be submitted prior to the conclusion of the subject hearing. the time alloued. For more infor- marion, please call 765-1809. Dated: June 27, 1988. BY ORDER OF tento of Mattituck, in :uly sworn, says that he/she is Principal :OLK TIMES, a Weekly Newspaper, ck, in the Town of Southold, County of Mew York, and that the Notice of which t~l eo~/, has b~n r~jula~ published in nee each week for_ 1 weeks nencing on the 30 day of Principal Clerk JUN 22 ~ TOWN OF $OUTHOLD, NEW YORK APPEAL FJlBIII~IJII~IIIIJlIIJOF BUILDING INSPECTOR APPEAL NO. ~ TO THE ZONING BOARD OF ,~PPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We) ..... ~.~.Lc~..~....F....~' ................ o, ..... ~.It.~....~..o..~:..u.~ z,~/ marne of AiSpellont Street and Number ........................... .....%...a~..~...~.....~./., ............................................... ...~....~ ......... ,~REB~ APPEA~ TO MunicipalityState THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ........ ~..~..L~c..~.....~.....3.~. .................... Name of Applicant for permit o~ ...... .&.~.~.....~~ ~ .~.~.~..g. ....... ~..,.,.~... ................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) I. LOCATION OF THE PROPERTY ....'~..~?"~......~..~.(,*~...(~...D...~..'~.....'~..~..~.Z'./~A:~-X~ .................................... Street /Hamlet / Use District on Zoning Map District 1000 Section3"/-/BlockOt~Lot~,/Current Owner T~ ~ ~/~/~ Mop No. Lot No, Prior Owner ( ' ' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Pa~.~.~graph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article _-/J.L. Section /Od~-.~ I 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~')'/A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to mack 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) as~,.~.~3dt) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( )£equest for a special permit ("~rrequest 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 ~o~m ~.]~! (Continue on other side) REASON FOR APPEAL Continued 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 becou,e CC) STATE OF NEW YORK COUNTY OF SS Signature Sworn to this .............. ..~..~) ......................... day of ...........~J..u.,O~. ........................... 19 ~ Natty Public ~ UNDA J. COOPER Notary Public, State of New Yo~ No. 4822563, Suffolk County/ Term Ex~ires December 31, 19 u BOARD OF APPEALS, TOWN OF SOUTHOLD In th/e Matte~ oT the Petition of to th~ Bo~d of Appeals of the To~n of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~,e intention of the undersigned to petition the Board of Appeals of the Town of Southold (Special (Special Permit) (Other) [circle choice] to request a~ Exception) \ 2. That the pro_~perty which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: /0 ;/,4~ /L~.~ Z.~}/~ ~ ~-'z/~ ~--_ 3. That the property which is the subiect of such Petition is located in the following zoning district: I 0o0 4. That h.~ such Petition, the undersigned will request the following refief: '7'0 6~:~ $. That the provision_~.~.f the Southold Town ~.oning Code applicable to the relief sought by the under- signed are ~ti¢le ~ Section /C~O" ~ / I' ] Section 280-^, New York Town Law for approval of access over ~'ight(s)-of-wa~v. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may' then and there examine the same during regular office hours. (5'16) 7~5-'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 bearing 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. Dated: ~/~/~/ . Petitioner Owners ' Names: ~o~ Office Add~ess Tel. No. ( ) 7~--o2~&D [Copy of sketch or plan showing proposal to be purposes.] at~ached for convenience NAME PROOF OF MAILING OF NOTI(;F ATTACH CERTIFIED MAIL RECEIPTS P 77q 950 0~4 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVrDED NOT FOR INTERNATIONAL MAIL (See Reverse/ P . Slat nd ~R Co I Spec~ar Delivery Fee Restr~cled Dehvery Fee Relurn Receipt showing 1o whom and Date Delivered Return Recede showing to whom ,~ale, and Address of Dehvery TOTAL Postage and Fees STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , being duly sworn, deposes and says that on the of ', ~ (.J~-~ ,19 "~"~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current.~_~sessmerl~lr_o.,[Lof t~e Town of Southold; (~(registered) mail. Sworn to before me this day of ~-~-C_)P.J.-~._ ,19 Nd~tary Public UNDA J. COOER N~ ~bllc, S~e ~ N~ Y~ Term ~ires ~m~ ~ , that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.} BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNE'R-'~,,.~ YOU ARE HEREBY GIVEN NOTICE: 1. Thee 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 i~, the subiect of thee Petition is located adjacent to your property and is des- cribed as follows: L~)~r~ ~:'~[R~'% .J~,L~c/~) L-~ c,~)c~o~, La.) 3. That the property which is the subject of such Petition is located in the following zoning district: / adc) 4. That by such Petition, the undersigned will request the following relief: 17' Feet ( ee I $. That the provisions.~_~.g.~the $outhoid Town Zoning Code applicable to the relief sought by the under- signed are A:t~cl~ ~.~/// - Section /4~'~ ~ / I' ] Section 280~A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 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 bf~ heard at such hearing. Dated: ~////c~/'~'~'' Petitioner Owners 'Names: Post Office Address Tel. No. ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTI(:F ATTACH CERTIFIED MAIL RECEIPTS ADDRESS /See STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: "~21~'~-,~-~.~ ' , being duly sw~n, deposes and says that on the of ~'-(-~...~-e ,19 ~C~_, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, ~irected to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~"~'~'3.~f ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ~ ~)-~ Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD ,~/th, e Matter,oT the Petition of : /~'~/~ (~' ~'~...~ : NOTICE ' ~ : TO to the Board of Appeals of the Town of $outhold : ADJACENT TO: ._~,~.~L.~/'~ /-~ /~/:7~ ~/~ PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That J~I~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 sub~ject of the Petition is Io~ated adjacent to y~u,~roperty and is des- cribedasfotlow,s: _~'~/.. -~"~-- ~Jt.~/~ ~-/' ~3~''~ /~--q~L,/CR:~O 3. That the property which is the subjec~ of such Petition is located in the following zoning district: /oeo 4. Trlat by such Petitiop, the undersigned will req/uest the following relief: ,~/~' '~ Io . !7' c ee ! $. That the provisions of the Southold Town Zorlinl~ Cod~; applicable to the relief sought by the under- signedare Article ~ Section /~]'~3/ [ ] Section 280-^, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appears/nd be/heard at such hearing. Dated: C/~'~/ Petitioner Owners ' Names: Post Office Address Tel. No. ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P ,,774 950 065 R£C~PT I=OR C£RTiFII::D MAIL N/NI IN$ORANCE COVERAGE PROVIDED NOT ~OR iNTERNATIONAL MA~L (See Reverse) P , State Z~P de Certified Fee Speoa~ Delivery Fee Restricted Dehvery Fee Return Recei ~o whom Oat~ far~Ad~re~ ~,~ehver~_ ~ STATE OF NEW YORK COUNTY OF SUFFOLK SS.: /-';'~g~e aJ) k.,)-~, , being duly sworn, deposes and says that on the ~:?y of ~OeO~ , 19 ~ , deponent mailed a true copy of the Notice set forth ve~ side hereof, directed to each of the above-named persons at the addresses set opposite lhar respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current a~smen~ll oflthe Town of Southold; that said Noticm were mailed at the United Stat~ Post fi~ ~ ~~ ; that said Notices were mailed ~o each of said persons by (~ (registered) mail. Sworn to before me this ~ ' day of ,N~ , 19 ~ Notary Pu~ic UNDA J. cOOPER Public, State of New york~ Notary,..,.~q Ruffolk CountY No:?°.~'~'c;mbe r 31,19--~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~he 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 o.f the Petit[on is Io~ated a. djacent tq your property and is des- cribed as follows: ~/~F~.,'~:~ VQc.~ /O~ ~ ~e ~ ~ 3~ 3. That the property which is the subject of such Petition is located in the following zoning district: I. OOO 4. That by,~uch Petition, the undersigned will request t~he followings'oiler: _ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A~ticle ~ Sectio~ /(~lf~- ~,~ ~ I- ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. ?. 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. Petitioner ~) ~a,w~ ,~-s Owners 'Names: Pos~ Office Add,ess Tel. No. ( ) [Copy of sketch or plan showing proposal to be attached:for 'c6hvenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS RECI:IPT FOIl CI:RTIflED MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: "' f%~,J'~ k~. ,qU , being duly ~worn, deposes and says that on the~,~a%r~ day of ~ ~E~- ' ~ ,19 ~ , deponent mailed a true copy of the Notice ~t forth on the re- ve~ side hereof, directed to each of the above-named pe~ons at the addresses set opposite thor respective nature; that the addres~s set opposite the nam~ of said persons are the addrm~s of said persons as shown on the current ass~sment roll of the Town of Southold; that said Notic~ were mailed at the United Stat~ Post ~- rice at ~ ~ O ~ ; that said Notic~ were mailed to each of aid persons by ~ registered) mail. Sworn ,o before me this ~ dayof ~U.n~. ,19 ~ ZNotary P~lic UNDA J. COOPER ; Notary Public, State of New Yo~ / No. 4822563, Suffolk County,'- ~ Term Expires December 31,19 u -- (This side does not have to be completed on form transmitted to adjoining property owners.) j (~) COUNTY OF SUFFOLK J~c~N? ~OU~HOLD . ~Ec~ ,. Reap Prol]erly [ax Se v ce Agency yL ~E? OS~J-