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HomeMy WebLinkAbout3583 Southold Town Board o£Appeals MAIN ROAD- STATE: ROAD 2.5 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3583 Application Dated N0vember 2l, ]986 TO: ~atricia C. Moore, Esq~ as Attorney Edson and Bruer Main Road Southold, NY 11971 for F. & H. HRIBOK [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 5, 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variancesto the Zoning Ordinance Article III , Section ]00-3] and Article XI, Section 100-119.2 [ ] Request for Application of FREDERICK AND HELEN HRIBOK for Variances: (1) III, Section 100-31 for insufficient southerly side yard and total side yards, and (2) XI, Section 100-119.2 for insufficient setback from existing bulkhead along Arshamomaque Pond, for this proposal to construct garage addition to existing dwelling, at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-4. WHEREAS, a public hearing was held and concluded on January 8, 1987 in the Matter of the Application of FREDERICK AND HELEN HRIBOK under Appeal No. 3583; 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 Variances-from the Zoning Code: (a) Article III, Section 100-31 for insufficient sideyard setback from the southerly property line at-5.5 feet and 6.9 feet; (b) Article III, Section 100-31 for insufficient total sideyards at 11.6 feet; (c) insufficient setback from the exist- ing bulkhead at 30.7 feet, as established, for the proposed construction of a 6ne-story 10' by 24' garage addition. 2. The premises in question is a described parcel of land located along the east side of a private road referred to as "Carole Road," Hamlet of Southold (at Arshamomaque), Town of Southold, having a total lot area of .125 of an acre and 50.00 ft. lot width, or frontage, along Carole Road and Arshamomaque Pond. Residential 3. The subject premises is located in the "A" ~¢~ and Agricultural Zoning District and is improved with (CONTINUED ON PAGE TWO) DATED: February 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3583 Matter of FREDERICK & HELEN HRIBOK Decision Rendered February 5, 1987 frame, single-family dwelling of a size 28.3 wid deep. The existing setbacks of the dwelling are own Clerk, Town of 'S6uthol~l e by 24.3 feet . ! ~.7 f~-t a."a 6.2 feet from the northerly side property line, 0.7 feet from the bulkhead, 15.5 and 16.9 feet from the southerly side property line, and 44.9 feet from the front property line, all as shown on survey dated November 6, 1986,prepared by Peconic Surveyors and Engineers, P.C. 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires minimum sideyards at 15 and 10 feet, minimum total sideyards at 25 feet. The amount of relief requested from the requirements as to sideyards is 10 feet (21.6 ft. to 11.6 ft.), and zero reduction in existing established setback from bulkhead at 30.7 feet. 5. It is the understanding of this board that the construc- tion of this 10' addition will not violate any other provisions of the zoning code, including the 20% lot coverage limitation, and will be used only for storage and garage purposes. In considering this appeal, the board also finds and deter- mines: (a) the relief requested is the minimal necessary under the circumstances; (b) the circumstances of this property are unique, particularly in view of its nonconforming lot area, width and depth; (c) the relief requested is substantial in relation to the requirements; (d) there will be no substantial change in the character of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, con- venience or order of the town; (e) there will be no increase in population density resulting from the grant of this variance; (f) in consideration of the above factors, the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of Appeal No. 3583 by FREDERICK AND HELEN HRIBOK to construct one-story 10' garage addition at the southerly side of existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no further sideyard reductions to less than the requested at 5.5 and 6.9 at the south side, nor 6.2 and 4.7 at the north side, (west/east corners respectively). 2. South sideyard area must remain open and unobstructed at all times; 3. Compliance with limitation of the Zoning for consideration); the maximum-permitted 20% lot covera9e Code (except by subsequent application 4. Placement of two garage doors, one at the water side and the other at the road side; 5. Balcony and construction of garage as shown on building- construction plan filed under this application; 6. This variance shall automatically become null and void in the event construction is not commenced within two years hereof, and after proper issuance of a building permit. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass, and Sawicki. This resolution was duly adopted. lk ~bruary 23, 1'987 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 public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, JANUARY 8, 1987 at the following times: 7:35 p.m. Appeal No. 3587 ROBERT AND EILEEN M. JOHNSON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient setback from tidal water area at premises known as 430 Corey Creek Road, Southold, NY; District 1000, Section 87, Block 5, Lot 3. 7:40 p.m. Appeal No. 3594 - ANNE C. MASON. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition to existing dwelling with an insuffi- cient setback from tidal wetland area at premises known as 1250 Lupton Point, Mattituck, NY; District 1000, Section 115, Block ll, Lot 12. 7:45 p.m. Appeal No. 3585SE - ALVIN AND PATRICIA COMBS. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel,where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms." Location of Property: 2500 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE MARY J. MOONEY-GETOFF. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish "Bed and Breakfast Use, an Owner-Occupied Building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms." Location of Property: 1475 Waterview Drive, Southold, NY; County Tax Map Parcel No. 1000-78-007-20. 7:55 p.m. Appeal No. 3591 PAUL STOUTENBURGH, JR. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory windmill tower in excess of maximum-permitted 18 feet height requirement, at 4015 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-98-1-6. .Page 2 Notice of Hearings Regular Meeting of January 8, 1987 So,uthold Town Board of Appeals ~ 8:00 p.m. Appeal No. 3583 - FREDERICK AND HELEN HRIBOK. ~'" I Variances to the Zoning Ordinance, Articles: (1) III, Section 100-31 for insufficient southerly side yard and total side '~yards,-- and (2) XI, Section 100-119.2 for insufficient setback X~ from existing bulkhead along Arshamomaque Pond, for this proposal to construct garage addition to existing dwelling, at 90 Carole Road, Southold, NY; County Tax Map Parcel ×/ 8:05 p.m. Appeal No. 3461 HELMUT HASS. Variances to the Zoning Ordinance, Article VII, Sections: (1) 100-71, Bulk Schedule, for insufficient lot area and lot width; (2) lO0-70(A) establishing existing residential use as principal use of proposed southerly parcel; (3) lO0-70(A) and 100-71 for approval of insufficient livable-floor area in the existing dwelling use of proposed northerly parcel. Zoning District: "B-I" General Business. Location of Property: 35350 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-69-04-2.1. 8:10 p.m. Appeal No. 3552 JOHN SENKO. (Hearing recessed from December ll, 1986). Variance for shopping- center use in this "B-I" General Business Zone with 30,084 sq. ft. lot area. 8:30 p.m. Appeal No. 3572SE - MICHAEL (Hearing recessed from December ll, 1986). for Bed and Breakfast in existing building. AND JOYCE MATTES. Special Exception 8:45 p.m. Appeal No. 3584SE - DONALD AND JOANNE RITTER. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) (100-31) for permission to convert existing one-family dwelling to a two-family dwelling. Location of Property: 2585 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-20. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: December ll, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF I)ISAPI'ROVAL File No ................................ . ...... PLEASE TAKE NOTICE that your application dated ...~. ~...~.....).~ ...... 19 .'~.~. for pemfit to construct..O,,m..O., .~,c~o,~-~ . .~..~...Z)'X~..' at Location orProperty . .~... ~...~.. .... ~ ~.~ ................. House No. Street //at,der County Tax Map No. 1000 Section . ..~.~ ~ .... BMck ..... ~. ~ .... l.ot .. ~ ........ Subdivision ................. Filed Mai> No ................. Lot No ................ is returned herewith and disal,proved on th,: lbllowing grotmds . ~. ~ ~ ~ .(~ .'.~. I ~'.~....~:~. ~ ~..t~n :. ~( ~:.~...~ ,~.,.~. :..~ ~..~ ....... ......... . . Budding Inspector TOWN OF SOUTHOLD, NEW YORK ,APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. ~'~ -3 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~.E...R%....C%.....H...I~....BQ..K....&.....H,I~...~....~ .~Q.~....of .... .3....~..a~.g.]~.~..~p~..~t .............................................. Name of Appellant Street and Number Southold NY ............................ 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 of .... ............................................................................... Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ( X ) BUILDING PERMIT I. LOCATION OF THE PROPERTY ..... ]..g~g.l.e,....~...a..a. ...................... '.'.A,','.T._~_,s_i.~_.ej2_t_i_a_l../.~.~,,.i_c,~.l_tural Street Use District on Zoning Map ...S.~!gggS~-2-4 .............. Current Owner Fredercik & Helen Hribok Map No. Lot No. 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.) 3 TYPE OF APPEAL Appeal is made herewith for (X) 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 (~z~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ×) A Variance to the Zoning Ordinance ) ~s requested for the reason that ~ppellents wish to btttld a seco~ stoz~ and ga:age add~tJ_o~ to existing residence. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE woutd produce practical difficulties or unneces- sary HARDSHIP because Appellants wish to build second story and garage addition to existing residence. Appellants' residence was built prior to zoning on a substandard sized lot, therefore the construction requires a sideyard variance. In addition to the variance, Appellants' property is adjacent to Arshamomaque Pond. The property in question was bulkheaded prior to zoning pursuant to Bulkhead Permit #2173 (as registered in Southold Town) which requires a variance from Article III, Section 119.2. Appellants intend to retire, therefore necessitating an expansion. 2. The hardship created is UNIQUEand isnot shored by all properties alike in the immediate vicinity ofthis property and inthisuse district because Appellants' residence is a small summer cottage on a substandard sized lot. The addition of second story and single car garage results in sideyard variance. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Adjacent properties on Carole Road are small summer cottages on bulkheaded lots. The expansion of Appellants' residence will be in conformity with the residential character of the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF SLT~2DT~ ) ~ A ~ Novet~r Sworn to this .................. ./ ...................... TM day u, ....................................................... 19 86 TOWN OF SOUTHOLD PROPERTY RECORD CARD -,~- , .! ...... FORMER OWNER ~:, ,, : ,,..,. , lw R~s. s~s.~&o VL - ~*~M COMM. j. ~. ~ND IMP. TOTAL DATE AGE NEW NORMAL Farm Acre Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot REMARKS DISTRICT SUB. LOT f I ACREAGE TYPE OF BUILDING BUILDING CONDITION ..... ow : BEL i ABOVE MISC. Total M. Bldg. Extension Extension Extension Breezewo, Garage i Bath Basement .~,, ~ Floors Ext. Wails /c~G ~ Interior Finish Fire Place ~/~ x~ Heat Porch Attic Porch Rooms 1st Floor Rooms 2nd Floor Patio Driveway Prepared in accordance with the mtn'mum ~tandards for title surveys as estaSh:h=c~ by ~- the L. LA.L.$. and approved and adopted '/ ~ luch use by '[he blew ¥or~ ~tate Land '~ ~. cox %\ ~ o CERTIFIED TO : FREDERICK HRIBOK HELEN HRIBOK SURVEY FREDE R I C K HELEN HRI BOK AT ARSHAMOMAOUE FOR HRIBOK TOWN OF SOUTHOLD SUFFOLK COUNTY , N I000 052 02 SCALE I" = 20' NOV. 6 , 198 6 .Y. 86 - 638 Southold Town Board of Appeals -25- November 20, 1980 The Veterans Administration has given an oral approval, and Mr. Gasser is expecting the Federal Government to support this proposal and perhaps finance. Twenty vehicles total are anticipated. The Board advised the gentlemen they could not give an opinion before reviewing and hearing an application for same. On motion made by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the Building Department of the Town of Southold be requested to follow-up on Condition No. 4 in Appeal No. 2632 of FISHERS ISLAND DEVELOPMENT CORP. in order to determine whether the newly constructed building is being properly controlled and operated. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. RESERVED DECISION: Appeal No. 2741. Application of Joseph and Amelia Smulcheski, Carole Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct garage in the front and/or side yard area. Location of property: 140 Carole Road, Southold, NY; bounded north by Hass, east by Arshamomaque Pond, south by Hrebok, west by Carole Road. County Tax Map Item No. 1000-52-2-5. After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance to construct a 10' by 24' garage addition in the southerly sideyard area, leaving approximately 5'8" clear, and placing 8' doors at both ends of the garage for accessibility. The premises in question c~ntains approximately 5,300 square feet in area, and fronts on Carole Road 50 feet wide. Existing on the premises are an one-story frame house and temporary storage building in the frontyard area, which storage building appellant has agreed to remove from the premises. During July 1980, appellant applied to this Board for a 12' by 24' garage addition, which had been denied without preju- dice on August 14, 1980. The Board at that time found that the lot coverage would be excessive of the 20% limit and that a smaller addition would be more reasonable under the circumstances. The relation variance ties will Board finds and determines that the relief requested in to the Code requirements is not substantial; that if the is granted no substantial detriment to adjoining proper- be created; that the interests of justice will be Southold Town Board of Appeals -26- November 20, 1980 served by the granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Joseph and Amelia Smulcheski be ~ a variance to the zoning ordinance, Article III, Sections 100-31 and 100-32 for permission to construct a lO' wide by 24' deep garage addition in the sideyard area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the temporary storage building in the frontyard area be removed entirely from the premises; (2) That the garage addition is limited to 10' by 24' and limited to a one-story addition; (3) That the cement slab at the rear of the dwelling may not be improved or enclosed, but shall remain at ground level as exists. Location of property: 140 Carole Road, Southold, NY; bounded north by Hass, east by Arshamomaque Pond, south by Hrebok, west by Carole Road. County Tax Map Item No. 1000-52-2-5. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. RESERVED DECISION: Appeal No. 2759. Application of Kramer and DePetris Agenc~, Inc., 54985 Main Street, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60C(2)(b) for permission to place letters (identification signs) on side of building known as 54985 Main Street, Southold, NY; bounded north and east by Rich; south by S.R. 25; west by Ryan. County Tax Map Item No. 1000-62-1-5. After investigation and inspection, the Board finds and determines as follows: Appellant has appealed to this Board seeking a variance to place 9" black letters on side of building identifying "insurance" and "haircutter". There were no existing ground signs on the subject premises. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be Southold Town Board of Appeals MAIN ROAD-r~TATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S.E.Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice January 8, 1986 of Determination of Non-Significance APPEAL NO.: 3583 PROJECT NAME: FREDERICK AND HELEN HRIBOK 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. This board determines the within project not to have a signifi- 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Ghrage addition with (1) insufficient southerly and total side yards, (2) insufficient setback from bulkhead along Arshamomaque Pond. LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more particularly known as: 90 Carole Road, Southold, NY 52-02-04 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in tho 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) Separating the project in question from the waterfront or environment~ area is a bulkhead or concrete barrier in good condition. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. 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 regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. ANNE C. MASON- Variance to~¢ the Zoning Ordinance, Article XI, Section 100-119.2 for perm~s~ sion to construct deck addition to existing dwelling with an insuf- ficient setback from tidal we~:- 1250 Lupton point, Mattituck, NY; District 1000, Section 115, Block 11, Lot 12. 7:45 p.m. Appeal No. 3585SE .. ALVIN AND PATRICIA cOMBS. Special Exception to the Zoning Ordinance, Articld III, Section 100-30(B) for permis~ sion to establish "Bed and Breakfast Use, an Owner-Oc- cupied Building, other than a hotel, where lodging and break- fast is provided for .no.t than six casual, trans~en~ - ers, and renting of not more than three rooms." Location of prell- arty: 2500 Peconic Lane~ peconic, NY; County Tax Map' Parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE MARY J. MOONEY' ~ETOFF. Special Exception to the Zoning O qnance, Article III, Section 100-30(B) for permi~ sion to establish "Bed and Breakfast Use, an Owner-O~- cup ed Building, other than a hotel, where h)dg ng and breah- fast is provided for not more than six casual, transient room- ers, and renting of not more than three rooms." Location of prop- erty: 1475 Waterview Drive, Seuthold, NY; County Tax Ma~ parcel No. 1000-78-007-~0. 7:55 p.m. Appeal No. 3591 -- PAUL STOUTENBURGH, JR. Variance to the Zoning Or: dinance, Article III, Section 100- 32 for permission to locate acce"~ sory windmill tower in excess of maximum-permitted 18 foc~ height requirement, at 4015 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. ficient livable-floor area in the existing dwelling use of prop- osed northerly parcel. Zoning District: "B-I" General Busi- ness. Location of Property: 35350 County Road 48, Peconie, NY; County Tax Map parcel No. 1000.69-04-2.1. 8 10 p.m. Appeal No. 3552 -- JoHN sENKO. Hearing reces- sed from December 11, 1986k Variance f,o,r ,s,h~opping-center use in this B-I' General Busi- ness Zone with 30,084 sq. R. lot ar~:a~0 p.m. Appeal No. 3572SE .. MICHAEL AND JOYCE MATTES. (Hearing recessed from December 11, 1986l. Spec- iai Exception for Bed and Break- fast in existing building. 8:45 p.m. Appeal No. 3584SE ~. DONALD AND JEANNE Ri~i~ER. Special Exception to the Zoning Ordinance, Article III, Section 100.30(Bl (100-31l for permission to convert e~xisto' lng one-family dwelling to a ~w - family dwelling. Location of property: 2585 Peconic Lane, Peconic, NY; County Tax Map parcel No. 1000-74-03:20. The Board of Appeals will hear at said time and place all persons or represontotives desir- ing to be heard in each of the above hearing~. Written com- ments may alsO be submitted prior to the concluaion of the subject hearing. For more infor- mation, please call 765-1809. Dated: December 11, 1986. BY ORDER OF THE soUTHOLD ToWN BOARD OF APPEALS GERARD P. GOEHRINGE1)~' CHAIRMAN Linda Kowalskl, Board Secretary 2TD25-5458 ~ ~' 1000-98-1-6~. __~ NOTICE OF HEARINGS ~8:00 p.m. Appeal No. 3583 --~'~ NOT CE IS HEREBY FREDERICK AND HELEN~ GIVEN, pursuant to Section 267 tIRIBOK. Variance~ to the Zon-~ of the Town Law and the Code of ~ lng Ordinance, Articles: ~ 1) 111,' theTownofSouthold thefollow~ \ Section 100-31 for insuf~cie~{ ing public hearings will be held ~ southerly side yard and tot:al } side yards, and (2) XI: Secti0.n by the Southold Town Board 1192 for nsuffic~ent se~:- 100 . . · d of Appeals at the Southold ~ back from exmtmg bulkhea~ Town t all, Main Road, Sout~- old, NY nt a Regular Meeting on ] along Arshamomaque pond, for [ this proposal to construct garag8 THURSDAY, ,JANUARY 8, r ddition to existing dwelling, 1987at the followingtimei: ~ ~role Road, Southold 7:35 p.m. Appeal No. 358'/ -- County Tax Map Parcel ROBERT AND EILEEN M: ~ ~000-52-2-4 JOHNSON. Variance to thd Zoning Ordinance, Article Xl'~ ~ 8:05 p.m.'Appeal No. 3461. Section 100-119.2 for permission HELMUT HASS. Variances to the Zoning Ordinance, Article VII, Sections: (1) 100-71, Bulk Schedule, for insulY~cient lot area and lot width; 12) 100.70lA) establishing existing residential use as principal use of proposed southerly parcel; (3) 100-70(A) and 100-71 for approval of insuf- to construct addition to existing dwelling with an insufficient setback from tidal water area at premises known as 430 Corey Creek Rosa qouthold, NY; Dis- trict 1000, ~;, I,~n 87. Block 5. Lot 3. 7;40 p.m. Appeal No. 3594 ;-. STATE OF NEW YORK coUNTY OF SUFFOLK of Greenpo~t, in C ..... -~ ..... a is said County, being duly sworn, says that he/she Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, and that the Notice of which the annexed is a printed copy. has been regularly published in said Newspaper once each week for nn~ ~ weeks successively, commencing on the 24 day of Dec 19_86 . Sworn to before this '~-]'9-/_ Su,, , ~ ~o 4849860 NOTICE OF HEARINGS NOTICE IS HEREBY- GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of, Southold, the following public hearings will be held by the Sguthold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting on THURS- DAY, JANUARY 8, 191~'~'~'~ following timm:. 7:35 p.m. Apgeal No. 3587- ROBERT AND EILEEN M. JOHNgON. Variance to me mn~g Ordinance, Article XI, Section 100-119.2 for permission to construct addition to existing dwelling with an insuffident set- back from tidal water area at premises known as 430 Corey Creek Road, Southold, NY; District 1000, Section 87, BIocl~ 5, Lot 3. 7:40 p.m. Appeal No. 3594- ANNE C. MASON. ~triance to the Zoning Ordinance, Article Xl, Section 100-119.2 for per- mission to construct deck addi- tion to existing dwelling with an insufficient setback from tidal wetland area at premises known as 1250 Lupron Point, Mat- tituck, NY; District 1000, Sec. tion 115, Block 11, Lot 12. 7:45 p.m. Appeal NO.35855E- ALVIN AND PATRICIA .COMBS. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B) for per~ mission to establish "l~:l and Breakfast Use, an Owner- Occupied Building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three roomsP Loca- tion of Property: 2500 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-24.2. 7:50 p.m. Appeal No. 3588SE' MARY J. MOONEY-GETOFF. Special E~ception to the Zoning Ordinance, Article 111, Section 100-30(B) for permission to establish "Bad and Breakfast Use, an Owner-Occupied Building, other than a hotel; where lodging and breakfast is. provided for not more than six casual, transient roomers, and renting of not more than three rooms:' Location of Property: 1475 Waterview Drive,. Southnid, NY; County ~ Map' Parcel No. 1000-78-007-20. 7:55 p.m. Appeal No. 3591- PAUL STOUTENBURGH~ JR, Variance to the Zoning Or- dinance, Article 111, S~ction 100-32 for permission to locate accessory windmill tower .in ex- cess of maximum-permitted 18' feet height requirement, at ~015' Skunk Lane, Cutchogu~, NY;' County Tax Map Parcel No.. 1000-98-1-6. . ,~ 8:00 p.m. Appeal No. 3583-~' FREDERIt~K AND HELEN HRIBOK. Variances to the Zon- ~ng~ance,Articles: (1) Ill,j Section 100-31 for insufficient goutherly side yard and ~ side yards, and (2) XI, Section 100-119.2 for lmuff~ient setha~ from existing bulkhead along Arshamomaque Pond, for this, propo~l wcomtruct garnge ad- dition to existthg dwelling, at 90 Carole Road, Southold, NY; County Tax Map Parecl No. 1000-52-2-4. ~ FY OF SUFFOLK 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 T~veler-Watchman once each week for ................... ' ........ weeks successively, commencing on the ~3~ f/ IX t" ~ x --...~ Sworn to before me this ..................... clay of c-,-~,~,~/~_ 1 9 d~ 8:05 p.m. Appeal No. 3461- .... ' ..... HELMUT HASS. Variances to Notary Public B/d*-!La, RA FORBES Cv i .~l,,n lc>q; re~ ~/"TJ/ 19 t-~'~nan ce, Article VII~ Sections: (1) 100-71, Bulk Schedule, for insufficient lot, area and lot width; (2) 100-70(A) ' establishing existing residential' use as principal use of propos- ed southerly parcel; (3) 100-70(A) and 100-71 for ap- proval of insufficient livable- floor area in the existing dwell~ ins use of proposed northerly parcel. Zoning District: "B-I' General Business. Location of Property: 35350 County Road, 48, Peconie, NY; County Tax Map Parcel No. 1000.69-04-2.1. 8:10 p.m. Appeal No. 3552- JOHN SENKO. {Hearing recessed from December II, 1986). Variance for shopping- center use in this "B-I" General Business Zone with 30,084 sq. ft. lot area. .~ 8:30 p.m. AppealNo. 35725E~*~ MICHAEL AND JOYCE MAI'YES. (Hearil~ recessed' from December'Il, 1986). · Spedal Exception for Bed and- Breakfast in existing buildinlL 8:45 p.m, Appeal NO. 351MSE- DONALD AND ,~QANNE ~ Special FAeeption t9 the Zonin~ Ordinance, Article .111, Section 100-30{B) (100-31) for permission to convert ex- isting one-family dwelling to a two-family dwelling. Location of Property: 2585 Peconic Lane~ Peconie, NY; County Tax. Map Parcel No. 1000-74.03.20. The Board of Appeals Will hear at said time and place all persons or representatives desir: lng to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more intor: marion, please call 765-1809.' Dated: December 11, 1986' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-12/25/86(6) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ]lcT?] TELEPHONE 1516) 765-1809 APPEALS BOARD MEMBERS (~ERARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ~OBERT J. DOUGLASS ~(.:SEPH H. SAWICKI 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 thdre are questions from board memb(:rs 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~.~/~_~ ~ G~'RA~D"P. GOEHR~'NGER ¢ CttAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk January 9, 1987 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall Main Road Southold, N.Y. 11971 Re: Hribok - Appeal #3583 Dear Mr. Geohringer: Please be advised that Mr. and Mrs. Hribok have agreed to place a second garage door on the proposed garage. At the public hearing, you pointed out that the proposed construction would exceed the permitted 20% lot coverage. After consulting with the builder and Mr. and Mrs. Hribok, the proposed balcony will be reduced to 4 feet by 17 feet, in order to conform with the Southold Town lot coverage restrictions. Very~ly yours, Patricia C. Moore PCM/df cc: Mr. and Mrs. Frederick Hribok January 5, 1987 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall Main Road Southold, N.Y. 11971 Re: Hribok - Appeal No. 3583 Dear Mr. Goehringer: We are Mr. and Mrs. Hribok's neighbors and we have been informed that they wish to build a second story and garage addition to their home. We support the variance request made by Mr. and Mrs. Hribok. Very Truly Yours/ ~'~ ~'. ~ ~a~/';'.- hereby w~ve formal notice of the application to the Southold Town Zoning of Appeals made by FrederiCk and Helen Hribok for a variance for insufficient rearyard as required by the Town Code's bulk and parking s~hedule to construct a second story balcony across the rear of the house. I have already received notice of their request for variances for insufficient sideyards and for construction within 75 feet of the wetland and bulkhead. COUNTY OF ~--/:Oc~ }S~: ..................................... , a Notary Public in and for said county and state, do hereby certify that ............................................................................................. , personally appeared before me and is (are) known or proved to me to be the l~erson(s) who, being in formed of the contents of the foregoing instrument, have executed same, and acknowledged said instrument to be ...................... free and voluntary act and deed and that (ltl% her, their) ...................... executed said instrument for the purposes and uses therein set forth. (he, she, they) Witness my hand and official seal th/, ................... day of.,.~.~ My Commission Expires: Notary Public -~0~'~// ~ ~lklU& ~t-t~'~.~I hereby w~ve formal notice of the application to the Southold Town Zoning of Appeals made by FrederX~k and Helen Hribok for a variance for insufficient rearyard as required by the Town Code's bulk and parking sbhedule to construct a second story balcony across the rear of the house. I have already received notice of their request for variances for insufficient sideyards and for construction within 75 feet of the wetland and bulkhead. COUNTY OF ',~ ~- ~o c,~ }s~: ........................ n Notary Public fn a~d for said county and state, do hereby cer~fy thai before me and is (are) known or nroved to .... ~._ .,._': .... ~ '.' ' ~" '.' '.' ' '. ..........................., personally appeared r .-,- ,,., ,.,~ mc person~.s) WhO, Oemg m formed of the contents of the foregoing instrument, have executed same, and acknowledged said instrument to be ......................free and voluntary act and deed and that (his, her, their) ...................... executed said instrument for the purposes and uses therein set forth. (he, she, they) Witness my hand and official seal this. ~ ~ , ............................. d.y of.. My Commission Expires: /?' ..~7~~ Nota~ Public /~/~-~ ×~ ~ff~ ~ ~/z/~-S~ hereby w~ve formal notice of the application to the Southold Town Zoning of Appeals made by FrederiCk and Helen Hribok for a variance for insufficient rearyard as required by the Town Code's bulk and parking s~hedule to construct a second story balcony across the rear of the house. I have already received notice of their request for variances for insufficient sideyards and for construction within 75 feet of the wetland and bulkhead. I,..'1::~,.~- .77~...! .c-% .~..~....K~o.. ~.~. ........... a Nota~, PubIlc in and for said coumy and state, do.hereby certify that before me and is ,'are% kn ............. ~ ....................................... , pe~$on~II¥ appeared · , ...... ~,,u*:u ~o me to oe thc person(s) who, being informed of th~ con,eats of the foregoing instrument, have executed same, and acknowledged said instrument to be ......................fre~ and voluntary act and deed and that ~, her, their) ......................(he, she, th~) executed said instrument for the purposes and uses therein set forth. Witness my hand and official seal this ....... ~ ~4~ ~.'~ [~ 0 ' ....................... dayor ............... My Commission Expire~: .... ~ Nolary Publio PArRICIA C. MOORE HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 5, 1986 TELEPHONE (516) 765-1892 Mrs. Patricia C. Moore Edson & Bruer Attorneys At Law Main Road Southold, New York 11971 Re: Mr. & Mrs. Frederick Hribok 3 Carole Road, Southold, New York Dear Mrs. Moore: Pursuant to your request for a Waiver of the Wetland Ordinance for the above captioned matter please be advised of the action taken by the Board of Trustees regarding this matter. RESOLVED that the Southold Town Trustees Approve the request for a WAIVER of the Wetland Ordinance as requested by Patricia C. Moore on behalf of Frederick Hribok to add a second floor and garage to existing dwelling on property located at 3 Carole Road, Southold all in accordance with the survey for Frederick Hribok and Helen Hribok at Arshamomaque as prepared by Joseph A. Ingegno, da~ed November 6, 1986 subject to the following provisions: 1. Roof run off shall be discharged into dry wells. 2. Driveways and parking areas within 75 ft. of the wetlands shall be of porous construction. Blacktop shall not be used on the site. 3. Care shall be taken so as to preclude the entry of any construction material into adjacent waters. Very ~ruly yours~ Henry P. Smith, President Board of Town Trustees HPS:ip cc: Bldg. Dept. Board of Appeals G,/i D.E.C., Stony Brook, Albany APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATI[ ROAD 2.5 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article III, Section 100-31 and Article XI, Section 100-119.2 Variance from Determination of Southo]d Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3583 Applicant: Frederick and Helen Hribok Location of Affected Land: 90 Carole Rd., Southold, NY County Tax Map Item No.: 1000- 52-2-4 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Land 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. variances for COMMENTS: Applicant is requesting ~~ ~ l. Insufficient southerly side yard and total side yards~ and 2. Insufficient S~k fr~m existing bulkhead Copies of Town file and related Dated: February 27, ~987 documents enclosed for your review. Secretary, Board of Appeals HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 February 3, 1987 Mrs. Patric±a C. Moore Edson & Bruer Attorneys at Law Main Road Southold, New York 11971 Re: Mr. & Mrs. Frederick Hribok 3 Carol Road, Southold, New York 11971 Dear Mrs. Moore: Pursuant to your request for a Waiver of the Wetland Ordinance for the construction of a second story balcony for the above referenced, please be advised as follows: RESOLVED that the Southold Town Trustees APPROVE the request for a WAIVER of the Wetland Ordinance as requested by Patricia C. Moore on behalf of Frederick Hribok to add a second story balcony to be constructed to a length of 17 ft. and to be 4ft. wide. Property is located at 3 Carole Road, Southold subject to the following provisions: 1. Roof run off shall be discharged into dry wells. 2. Care shall be taken so as to preclude the entry of any construction material into adjacent waters. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Bldg. Dept. Board of Appeals~ file DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK' Hichael A. LoGrande SUFFOLKCOUN?YEXECUTIVE 360-5206 LEE E. KOPPELMAN March 4, 1987 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission 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) Frederick & Helen Hribok Mary Mooney-Getoff 3583 3588 Yery truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAiN ROAD- ;STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. R00ERT J. DOUGLASS JOSEPH H. SAWlCKI February 24, 1987 Patricia C. Moore~ Esq. Edson and Bruer Main Road Southold, NY 11971 Re: Appeal No. 3583 Frederick and Helen Hribok (Variances) Dear Pati- Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER IRHAN ~ / ~'[in~a ~. Kowalski Secretary Commission Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN January 8, 1986 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S. E. Q. R. A. - ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3583 PROJECT NAME: FREDERICK AND HELEN HRIBOK 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. This board determines the within project not to have a signifi- 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: EX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: G~rage addition with (1) insufficient southerly and total side yards, (2) insufficient setback from bulkhead along' Arshamomaque Pond. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly kngwn as: 90 Carole Road, S~uthold, NY 52-02~04 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) Separating the project in question from the waterfront or environment~ area is a bulkhead or concrete barrier in ~60d~endition. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. 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 regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. Page 3 - Mailing List Public Hearings - January 8, 1987 Southold Town Board of Appeals Copies by mail to the following on or about 12/19/86: Mr. and Mrs. Robert E. Johnson, 40-24 208th St., Bayside, NY 11361 Bob Koch & Son, for Anne C. Mason Woodcliff Drive, Mattituck, NY 11952 Mrs. Anne C. Mason, 709 Vivienda West Blvd, Venice, FL 33595 Mr. and Mrs. Alvin Combs, 2500 Peconic Lane, Peconic, NY 11958 Mrs. Mary J. Mooney-Getoff, Box 377, Southold, NY 11971 Mr. Paul Stoutenburgh, 4015 Skunk Lane, Cutchogue, NY 11935 Mrs. P.C. Moore, Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for Mr. and Mrs. Frederick Hribok Samuel J. Glickman, Esq., ll4 Main Street, Greenport, NY 11944 for Mr. Helmut Hass J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944 for Mr. and Mrs. Donald Ritter Stephen R. Angel, Esq., 108 E. Main St, Box 279, Riverhead, NY Daniel C. Ross, Esq., Main Road, Box 1424, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A., Box 1412, Southold, NY 11971 11901 Barbara L. Coughlin, Esq., McNulty, Dipietro & Haefeli 130 Ostrander Avenue, Riverhead, NY 11901 for Mr. and Mrs. Mattes Mr. and Mrs. Douglass Shaw, Breakwater Road, Mattituck, NY 11952 Mr. and Mrs. Henry Haan, 340 Breakwater Road, Mattituck, NY 11952 Mr. and Mrs. Michael Mattes, 50 Luther Road, Box 831, Mattituck 11952 Z.B.A. Members Posted on the Town Clerk Bulletin Board Z.B.A. Office Bulletin Board 12/19/86 Building Department 12/19/86 Suffolk Times 12/22/86 L.I. Traveler 12/22/86 12/19/86 JUDITH T. TERRY TOWN CLFRK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 21, 1986 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3583 application of Frederick H~ibok and Helen Hribok for a variance. Also included is NOtice to Adjacent Property Owners; Notice of Disapproval from the Building Department ; letter relative to NYS Tidal Wetlands Land-Use; Short Environmental Assessment Form; and copy of tax map. Judith T. Terry Southold Town Clerk NOV 'row, sou'r.m.., vo, Tovm C~'k Seut~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~..F~.I...C~.....H...~....BQ..K..,&...-H~..J~....J~?J.~E~...K......of .....~..~..g,l.~..~.c] .............................................. Name of Appellont Street and Number Southold NY ......................................................................................................................... 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 ( ) ( ) (X) Name of Applicant for permit of Main Road~ Southold, ..N~... ................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY BUILDING PEr,LIT I. LOCATION OF THE PROPERTY ..... .3....C.,a.?..o..Z..e...~ ...................... ::.~.:::-...~...s...i;.~_e~...'.~.'..8.~./..~..c~-:..~,,c~.,.~.~ural Street Use District on Zoning Map ...S.~.l..0..0..0. Z.5..2. Z.2. T..4. ............................................... Current Owner F~eder¢~k & Helen Hrikx:)k Map No. Lot No, 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.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A 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 appeal ($~m) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... ) x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that Appellants wish to build a second story and garage addition to existing residence. Form zB1 (Continue on other side) REASON FOR APPEA Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Appellants wish to build second story and garage addition to existing residence. Appellants' residence was built prior to zoning on a substandard sized lot, therefore the construction requires a sideyard variance. In addition to the variance, Appellants' property is adjacent to Arshamomaque Pond. The property in question was bulkheaded prior to zoning pursuant to Bulkhead Permit #2173 (as registered in Southold Town) which requires a variance from Article III, Section 119.2. Appellants intend to retire, therefore necessitating an expansion. 2. The hardship created is UNIQUEand isnotshored by all properties alike in the immediate vicinity of this property and in this use district because Appellants' residence is a small summer cottage on a substandard sized lot. The addition of second story and single car garage results in sideyard variance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Adjacent properties on Carole Road are small summer cottages on bulkheaded lots. The expansion of Appellants' residence will be in conformity with the residential character of the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) !,... Signature /,~4~ of ............. ~!~'~.r. ........................... 19 86 Sworn to this ................. ~ ....................... day Notary Public NOTARY PUBI.[C, State of New Yor~ No. 52-4655242, Suffo[~ G~.,~ty Commission Expires ivla[ch 30, Zg ~; ~ 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 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 (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the prooerty which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 90 Carole Road, Southold, N.Y. Suffolk County Tax Map # 1000- 052- 02- 04 That the property which is the subject of such Petition is located in the following zoning district: Agr~r,,lt,2ro_!/ _D_~_ _~ ideP. t 4__.! 4. That by such Petition, the undersigned will request the following relief: Art. XI , Section 100-119.2 Construction within 75'-0 of 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III : XI Sect/on !OO-3! ; !O0 !!9.2 [ ] Section g80-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 fight to appear and be heard at such hearing. Da,ed: ////~/~ Patricia C. Moore, Edson & Bruer Esqs. Petitioner Owners'Names: Freder~]c & N~,l~,n T-Irlhnk Post Office Address Main Roa~, ~6uthold N.Y. 11971 (516) 765-2500 (Tel. ) P 263 060 168 ~ RECEIPT FOR CERTIFfED MAIL Mr. Manfred KUerner P 263 060 i '8 ~;,~ I'¢~R CERTiFy[ CV.I.P. Znn~_ ~ I P 263 060 169 PROO[ OF MAILING OF NOTICF %CH CERTIFIED MAIL RECEIPTS ADDRESS 4 Carole Road Southold, N.Y. 11971 P.O.Box 408 Peconic, N.Y. 11958 36 Gehring Street Commack, N.Y. 11725 Mr. and Mrs. Joseph SmulcheSki ; 4 Carole Road c Southold, N.Y, 11971 ,77 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , residing at ~7~) ~/'r~ ~ ~ [~ ~ ~ , being duly sworn, deposes and ~ys that on the ~/ day of ~~ ,19 ~, deponent mailed a true copy of the Notice set forth on the re- ve~ side hereof, directed to each of the above-named persons at the addresses set opposite ~h~r respective name; that the addresses set opposite the nam~ of ~id persons are the addresses of said persons as shown on the current ass~sment ~oll of the Town of Somhold; that said Notic~ were mailed at the United Stat~ Post ~- rice a~ c~ ~/~ ; iha~ said Notices were mailed ~o each of ~id persons by (certified) (registered) mail. S~orn~before m~thi~ ~/~ ~otary Public (This side does not have to be completed on form transmitted to adjoining property owners.) To: Re: ~Tcday'$ Pard) $outho!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: .In reference to the New York State Tidal Wetlands riand-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the Me:.; York state. Environmental Conservation La%.~, please be advised that tl subject property i,n the within appeal application: ' ( se check crne box)' [ ~k]y be located .within 300 feet of tidal wetlands hct.n~.ver, constructed along the water-lyings edco of this prope~'ty is a bulkhead in very good -- condition and at least 100 feet in ,'length.* [ ] May b'e 'located within 300 feet of tidal wetlands, however, constructed along the wate.-r-lyin? edge o2 this property is a bulkhead in need of (minorl (major) repairs, and aouruximate~y _ length. ~- - feet in [ ] -[ ] not appear May be located ', · wi=bin 300 feet of tidal wetlands; ho%cover, constr~cted along the water~lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of t~da! wetlands; and there is no bulkhead or c,,~-~,. _ 'on the premises, un ..... wa!~ .exis~:n hOT_: Is not located withiu 300 feet of tidal Wetlands to the best of my knowled~3e., [:;tarred items to fall within the If proposed project (*) indicate your property doe~ jurisdiction of the N.Y.s' D.E.C. Sincerely fails %;it'~in D.E.C. jurisdiction, approval must be received an~ submit~6d to our office before your auplication can be scheduled for a 9ublic ' ~ '~: APPENDIX ,,S~ORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS~ (a) In order to answer the questions in this short EAF is 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 significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is no..~ significant, (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? · . . . .... . . 2.Will there be a major change to any unique or unusual land form found on the site? . . 3. Will project alter or havea large effect on an existing body of water? ' . . . . . . &. Will project have a potentially large impac~ on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? . . . . · . . . . 6. Will project affect any threatened or endangered plant or animal species? , . , , , , , o 7. Will project result in a major adverse effect on 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? . . . 9. Will project adversely impact any site or struc~- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10.Will project have a major affect on existing or future recreational opportunities2 . . . 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or l&. Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of the community or neighborhood?. , 15. Is there.pub/l~controversy/~/~/~ concerning the project? PREPARER' S REPRESENTING: DATE: Yes / No Yes, /No Yes o Yes, /No Yes <o Yes ~/ No Yes v/ No Yes ,/No Yes ---- No Yes~ No Yes /No Yes / No Yes /No ''1 ,? & ,_ ,, !