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Home My WebLink About3578 Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.l., N.Y. llCJ?l TEL~ONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3578 Application Dated November ]0, ]986 TO: Mr. Arthur C. Esslinger 1515 Arshamomaque Avenue, Box 172 Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 8, ]987, 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 IX] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2 [ ] Request for Application of ARTHUR ESSLINGER for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2 for permission to locate accessory storage shed within 75 feet of existing bulkhead and wetlands area at 1515 Arshamomaque Avenue, Southold, NY; Lot No. 21, Map of Beixedon Estates; County Tax Map Parcel No. 1000-66-3-11. WHEREAS, a public hearing was held and concluded on December ll, 1986 in the Matter of the Application of ARTHUR ESSLINGER under Appeal No. 3578; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony ~r~corded; 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, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2(B) to construct an 8' by 10' accessory storage building a distance not closer than 25 feet from the existing bulkhead along Petty's Pond and not closer than three feet from the south (side) property line. 2. The premises in question is located along the northeast (east) side of Arshamomaque Avenue, Southold, referred to as Lot #21 on the Map of Beixedon Estates, and is designated on the Suffolk County Tax Maps as District 1000, Section 66, Block 3, Lot ll. 3. The subject premises is improved with a one-story, one-family 40' by 24' dwelling structure. (CONTINUED ON PAGE TWO) DATED: January 8, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3578 Matter of ARTHUR C. ESSLINGER Decision Rendered January 8, 1987 4. It is noted for the record that a Waiver has been issued by the Southold Board of Town Trustees dated November 28, 1986 for this proposed construction not closer than 25 feet from the existing bulkhead. 5. It is also noted that the sloping of the property restricts the area for a feasible placement of the building, and the Board agrees with the reasoning of the applicant. In considering this application, the board also finds and determines: (a) that the variance requested is substanti.al in relation to the requirements, being a variance of 66%, except however that the accessory shed is landward of an existing structure; (b) there will be no increase in population density and this project will not produce an undue burden on available governmental facilities; (c) the grant of this variance will not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties since similar setbacks have been established in the neighborhood; (d) the difficulty cannot be obviated by a method feasible for appellant to pursue other than a variance; (e) the circumstances of the property are unique; (f) the practical difficulties claimed are sufficient to warrant a granting of the variance; (g) that in consideration of all the above factors, the interests of justice will be served by allowing a variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED], to GRANT a Variance for the proposed construction of an 8' by 10' storage shed in the rearyard area with an insufficient setback from bulkhead at not closer than 25 feet, as applied in the Matter of the Application of ARTHUR ESSLINGER, Appeal No. 3578, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The 8' by 10' structure be'used solely for storage or garage purposes, accessory and incidental to the residential use of the premises and not to be operated at any time in the future for ga!n; 2. The structure be not closer than 25 feet to the existing bulkhead, as requested; 3. The structure be not closer than five feet to the side property line; 4. The structure not exceed one-story height. Vote of Sawicki, and Doyen. (Member at the hearing on 12/11/86.) lk the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis abstained due to absence This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN Jan~.ary 19, 1987 Town Clerk, Town of S'outholcl NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Law and the Code of the Town hearings will be held by the the Southold Town Hall, Main pursuant to Section 267 of the Town of Southold, the following public SOUTHOLD TOWN BOARD OF APPEALS at Road, Southold, NY at a Regular Meeting on Thursday, December. Il, 1986 at the following times: 7:35 p.m. Appeal No. 3216 - EUGENE DAVISON. Variance to the Zoning Ordinance, Article III, Section lO0-30(A)[1] for permission to establish second dwelling unit upon 9.8± acre parcel over existing horse stable. Location of Property: South Side of Sound Avenue, Mattituck, NY; Lot #4, Minor Subdivision of Strawberry Fields, which received Sketch Plan approval July 8, 1985 by the Town Planning Board; County Tax Map Parcel No. 1000-121-3-5 (containing 12.6~ acres). 7:40 p.m. Appeal No. 3577 FRANK AND DELORES DAVIES. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to replace accessory shed in the north sideyard area at 2285 Pine Tree Road, Cutchogue, NY; Lot #15, Map of Nassau Farms filed March 28, 1935; County Tax Map Parcel No. 1000-104-3-2. /~tt 7:45 p.m. Appeal No. 3578 - ARTHUR ESSLINGER. Variance o the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory storage shed within 75 feet of existing Southold, NY; ~Map Parcel No. 7:50 p.m. Variance for Approval bulkhead and wetlands area at 1515 Arshamomaque Avenue, Lot #21 Map of Beixedon Estates; County Tax 1000-66-3-11. Appeal No. 3579 - CHARLES AND of Access pursuant to New SANDRA BLAKE. York Town Law, Section 280-a from the east side of South Harbor Lane along Old Woods Path (Private Road #10), to premises known and referred to as 695 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-23.7. 7:55 p.m. to the Zoning permission to side yard and Road, Appeal No. 3580 NICHOLAS BABALIS. Variance Ordinance, Article III, Section lO0-31 for construct new dwelling with insufficient northerly insufficient total sideyards at 3360 Rocky Point East Marion, NY; County Tax Map Parcel No. 1000-21-04-09. 8:00 p.m. Appeal No. 3572 MICHAEL AND JOYCE MATTES. Special Exception-Bed and Breakfast (recessed from 11/20/86). Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - December 11, 1986 8:10 p.m. Appeal No. 3557 - ROBERT G. EGAN. Variance to amend Conditional Approval Rendered 11/3/86 under Appeal No. 3557 to allow reconstruction of dwelling with insufficient setbacks upon foundation as exists at 5 and 12 feet, rather than 7 and 12 feet, at 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. 8:15 p.m. Appeal No. 3552 - JOHN SENKO. Variance for shopping center use in this B-1 General Business Zone with 30,084 sq. ft. of lot area (recessed from 11/20/86). 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 ~ubject hearing. For more information, please call 765-1809. Dated: November 20, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following on or about 12/1/86: Mr. Eugene Davison, Box 248-A, RD #1, Sound Ave, Mattituck, NY 11952 Mr. and Mrs. Frank Davies, 113 Lone Oak Path, Cutchogue, NY 11935 Mr. Arthur Esslinger, Box 172, Southold, NY 11971 Mr. and Mrs. Charles Blake, 695 Old Woods Path, Southold, NY 11971 Mrs. P.C. Moore, Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 as Agent/Attorney for Nicholas Babalis Mr. and Mrs. Michael Mattes, 50 Luthers Road, Box 831, Mattituck, NY 11952 Mr. and Mrs. Donald Shaw, Breakwater Road, Mattituck, NY 11952 Mr. Garrett A. Strang, Architect, for R.G. Egan, Box 1412, Southold 11971 Stephen R. Angel, Esq. (for Senko), Box 279, Riverhead, NY ll901 Daniel C. Ross, Esq., Box 1424, Mattituck, NY 11952 Suffolk Times (personal delivery L.I. Traveler (personal delivery Town Clerk Bulletin Board Z.B.A. Office Bulletin Board Building Department Board Members Individual ZBA Files 12/2/86) 12/2/86) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ~. ~....~~/~ ..... . .~.?.z..t.~..~. ......................... · ..~.. ~.~....~ :¥.:. :/..~. ~./.... PLEASE TAKE NOTICE that your application dated ...~..~.~". y.t~._..._.%..~..q ....... , 19 .'$.~'.. for permit to construct...g:~..t ~e.~.. t~ ......................................... at Location of Property ~t~'~N/.o~.-. .~;.~ ~ .,~-~S~r.e~,t(~......~. County Tax Map No. 1000 Section . .-..(~..t.q .{q. ..... Block ..... ~ .:~ ..... Lot . ~ ........... Subdivision ~.~Filed Map No ................. Lot No....'~. J ............ is returned herewith and disapproved.on tile following grounds ...~...'..a~.....-"~...~.~. .~.~..~.. ~.~.. ~..~..~...~.~...~..~...~. .......... ...... Building Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~eOUTHOLD, N.Y. 11971 TEL.: 765-1802 amiued ................. 19... Received ............ 19. )proved ................ , 19... Permit No ............ sapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 s of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ion. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit dl be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ,11 have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. e applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to nit authorized inspectors on premises and in building for necessary inso~ctioy~. /0 ~'~ / ' Signat e of applicant, ....... ~..(~.. .... /.2...~. .................... ........ ~.].~.~' ~l~l~'~f alSpl ±cant:) ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder· ........ :g ........................................................ m~e of owner of premises ... ~../L(~ .................................... (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done .................................................. · .... Hamlet ltouse Number Street ~/~/ --~ ~. /] County Tax Map No. 1000 Section ? .... Block .................. Lot ........... Subdivision .~(g/'r~¢: .~Ot~...(~.fm~e~.F. S ............ Filed Map No ............... Lot.. ~.l ......... State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . /~..ff..~/'c[tet! ~th.( ....................... : ...... Intended use and occupancy :'~.; i ;ii~. i i; ~ i~.'.. ' .... ! b. f.~2~...~.~,,:..,/..Z~.~ ?~.~ (.~ ~. (q) 3. Nature of work (check which applicable): New Building .......... Addition .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost ...................................... Fee ...................................... (to be paid on filing this application) 5. ,~ d~ll!ng, number of dwelling units ............... Number o f dwelling units ~n each floor ................ If gah'ag~ number of cars ............................................ ,~.'. ......................... 6. ~n.?_~.r.cial or mixed occupancy, specify nature and extent o f each~'~e of use ..................... 7. ?.i.m,en?ons ofex~ing~ruc, tures, if any: Front ............... Rear.k/( ........... Depth ............... Height ~ ....... . .~mber of Stories .................. ..~ ................................... ~e tructure'~th.~e,r~a~!ions or additions: Fro.nt.....~'. ............... Rear .................. ~ ~ ..... ......B'e~_t ............ ~,.~.~ ..... Number of Stories ...................... 8. ~, ctio~'~Fr ."~<k...j .... ~ ..... Rear Depth 9. ~:.... R~ar..."~-~. ........ Depth .... 10. Date of Purchase ........ ~~ Name~'0rmer Owner .................. 12. D~roposed construction V~nance or regula'fi'c~: 13. ~be re~ from premises: Yes No 14. Name of Owner ofpr~mises .................... Address .................. Phone No ................ Name of Arch. Cee( ........................... Address ................... }~roae No ................ Nmne of-C-ofitractor .......................... Address ................... Pho0e~o ................. 15. Is this property located withinl.00 feet of a tidal wetland? * Yes p~.. No · If yes, Southold Town Trustees Permit may be required. PLOT DIAG RAM Locate clea~ly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW,YORK, . COUNTy OF. S.S .../~.~. ]~ ~..~.. F~., ~.~f~ .~.~.~ .......... being duly sworn, deposes and says that he is the applicant (Name of individual signing ~ontract) above named. He is the ..... ~'~ .~ ....................... (Contractor, agent, corporate officer, etc.) of said owner or ownem, ~d is duly authorized to perform or have performed the said work and to m~e and file this application; that all statements contained ~ this application are true to the best of his knowledge and belief; and that the work will be perfo~ed in the manner set forth in the application filed therewith. Sworn to before me this ~ -.~.~ ........ day of ........ Nora, Public ....... ~. ~.~. ~... County . ~[~ .... .... ' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~' ~'~ ~' D^TE ...... Nome of Appellant Street and Numb~ ~'~ ('-' ~ ~./I ~...~'. ......... HEREBY APPEAL TO .................. ~_~..~.e~..~..~r~..l...,~.: ............................................... Municipality - Sta~e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO o, l ................... Street and Number Municipality Stc~ ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..)..S..[~..J~D/2J)~l. Jg..~.J-J.P~...,.rk..L~,....-P....l)..~...g~).l,~^ L --~^~ '~ (' ~/~i'l ................ Street u Use District on Zoning Mop ~..~.~. ........ /~.~/'~.~.../..~...d~....~ ............. /./. ................ Current Owner ~'~/~ 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 Ordi.nonce.) 3. TYPE OF APPEAL Appeal is made herewith for (~/~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ha~as n.~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 is requested for the reason that ~orm ~.~! (Continue on other side) REASON FOR APPE,~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this .................. .~.....~ ............. day o(~ ......................... MARY ANN CYBUL,SJV NOTARY PUBLIC, State 0t Ne* Yo~, Residing m Suftol~ C~um No 52-5895900 OWNER RES. >/~ LAND Tillable TOWN OF $OUTHOLD PROPERTY STREET OWNER N E S W ;FAS. VL IMP. TOTAL FARM DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Acre Volue COMM. CB. MICS. REMARKS ~olue Per Acre FRONTAGE ON WATER Woodbnd FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK RECORD CARD SU2: LOT_ TYPE OF BUILDING Mkt. Value Extension Po¢ch Extension Foundation ~_~ /~, Both Basement /~T'~, // Floors Ext, Walls Interior Finish Breezeway Garage Patio O. Bo Total Fire Place Type Roof Recreation Room Dormer Heat Rooms 1st Floor Rooms 2nd Floor Driveway ,. DEPARTMENT OF' PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK Michael A. LoGrande Acting County Executive 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING January 30, 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) Mr. & Mrs. Frank Davies Mr. Arthur C. Essltnger 3577 3578 Yery truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11cj'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 th~ Zoning Code, Article xI , Section100-Z19.2 Variance from Determination of Special Exception, Article , Special Permit Southold Town Building Inspector Section Appeal No.: 3578 Applicant: Mr. Arthur C. Esslinger Location of Affected Land: 1515 Arshamomaque Ave., Southold, County Tax Map Item No.: 1000- 66-3-11 Within 500 feet of: Town or Village Boundary Line NY Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to 1C~F'mt'~ mCCgS$oz'y ;~-~P Copies of Town file and Dated: January 22, ~a87 related documents enclosed for your review. Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRIHGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. OOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- r~TATE ROAD 25 .~gOUTHI:3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 January 21, 1987 Mr. Arthur C. Esstinger 1515 Arshamomaque Avenue Box 172 Southold, NY 11971 Re: Appeal No. 3578 (Variance) Dear Mr. Esslinger: Transmitted herewith for your records is a copy of the recent findings and determination rendered by the Board of Appeals in the above matter. Please be sure to return to the Building Department for approval of new construction in writing, if any, and other documents as may be applicable. Please that of the questions. don't hesitate to call either our office or Building Inspector (765-1802) if you have any Yours very truly, Enclosure By Linda Copy of Decision to Building Department Suffolk County Planning Commission GERARD P. GOEHRINGER CHAIRMAN Kowalski · .'~*¥v** . ROUTE 25' ,~=,c.o TURNPIKE - ~E/XEDON ESTATES ~u~ COUN~ N. ~ i0 II /.ff' 17 2O 18 CHRYSLER BUILDING NEW YORF HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR, ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOLITHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 November 28, 1986 Mr. Arthur C. Esslinger 1515 Arshamomaque Ave. .Southold, New York 11971 Re: Outbuilding construction Dear Mr. Esslinger: The following action was taken by the Board of Trustees during their regular meeting held on November 25, 1986 regarding your request for a Waiver of the Wetland Ordinance in regard to the above captioned matter. WHEREAS, the Board has carefully considered all of the documentation submitted concerning this request, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area and WHEREAS, all construction is behind a bulkhead, NOW, THEREFORE BE IT RESOLVED that Mr. Arthur C. Esslinger Be and Hereby is Granted a Waiver of the Wetland Ordinance for a permit to place an 8' x 10' outbuilding for storage of a boat and garden equipment 25' landward of the existing bulkhead on property located at 1515 Arshamomaque Ave., Southold0 subject to the attached conditions. Please note that this approval 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. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS: ip cc: Bldg. Dept. C.A.C. D.E.C., Stony Broo~ Board of Appeals~ Standard measures to be taken during construction: Roof run off shall be discharged into dry wells. Driveways and parking areas within 75' of the wetlands shall be of porous construction. Blacktop shall not be used on this site. Care shall be taken so as to preclude the entry of any construction material into adjacent waters. Immediately following construction, all areas of exposed soil shall be properly protected with suitable erosion control devices/and or vegetated to prevent entry of eroded soil into nearby waters. jERtCHO TURNPIKE 8E/XEDON ESTATES 7'o~'N 0~- tDFtOP~.FtT'y' O~ ~'RACE J~' I'VICKI--EiS /7 /2 lQ I/ ~ 16 18 r~RYSLER BUI' ~G 27, 4 Q Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance December 11, 1986 S.E.Q.R.A. APPEAL NO.: 3578 PROJECT NAME: ARTHU~ ESSLINGER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 o~ 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: L~cate accessory storage shed within 75' of existing bulkhead/wetlands area LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1515 Arshamomaque Ave, Sou~hold NY 66-03-11 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 environmental 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 NOnC OF NOTICE IS HEREBY GIV- EN, pununm to Section 267 of the Town Law and the Code of the Town of Southold, the foUo,~ pui~ I~,nss win be held by the ~ at the Southoid ~ Hall, Main Road, southoM, NY at · Re~flas Mcetins on Thursday, December 11, 1986, COmme~le. ~ ink at the following times: 7:35 p.m. Appeal No. 3216- to the Zoning Ordinance, Anl. cie ilk Section 100-30(A) Ill for permi~ion to establish second dwelling unit upon 9.g+ acre Location of Prol~flY: South Side of Sound Avenue, Mat. tituck, NY; It~t Bio. 4, Minor Subdivision of Strawberry Fields, which received Sketch Plan approval July 8, 1985 by the Town Pinnnin~ Board; County Tax Map Parcel Bio.. 1000-121-3-5 (containine 12.6:t: ac~). 7:40 p.m. Appeal No. 3577- FRANK AND DELORI~.g ~ Vaslance to the ZOn. r tion 100-32 for permission to replace accessory shed,in the COUNTY 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 Traveler-Watchman once each week for ................. ?. ........ weeks successively, commencing on the ~/Z~' day of .~/-~ ¢~ ~../'~.-*- , 19 $~: Sworn to before me this .................... clay ..... .... No. 15, Map of Nasaan Farna.. filed March 28. 193~; C~,unty~ ~f!, :, ~:10 p.m. Ai~eul No. 3557- Tax Map Parcel ~i,~ N;.~?.i I';: ~ROB~ O. EOAN. Vasinnc~ 1000-104-3.2. ' ~',; ,!,r~' 'l~', tommd~,~tlm~A~o,~l /~ 7:45 p.m. Appeal No. }578-~ ~ 11/3/86-n,1~' A0peal /ARTHUR ESSLINOER. ii ~ No.~$57toalkMreconstructinn Variance to the Zoning Or., ~ :,,~,Of~,tealn_nwithinsufflckntset- dinance, Article XI, SectiOn ~/I'~9~ b~:ks upon fou~_a_a_t__l_~ as exists 100-119.2 for permiuion to ~!'= at5 and 12 feet, rather than 7 locate accessory storage s~l/ , and 12 feet, at 330, Knoli Circle, ~-~ within 75 feet of existin~ ,i~F.~tMarlon, NY; 'MapofSec- / bulkhend and wetlands a.nnt at ~, am 'lbo, Gardinen Ba~ Estate~' / 1515 Arshamomaque Avenue, .,S~u~.lM~??tsion Lots 27 and past of - ~ Southold, NY;. Lot No, 21. Map 28, County Tax Map District, of Beinedon Esmte~ Co~ 'l~mj 1000. Section 37, Block 5, i-~12 Map Parcel NO. 1000~IL',: 7:~0 p.m. Appeal No. 3579- CHARLES AND SANDRA~ 8:1~ pm, Appeal No, 3552- JOHN SBNKO. Vasiance for sh0p~in8 center use in this B-I General Business Zone with ~Vasiance for Approval 'l pursuant to New York "[ ~ SCl. fl. of lot area (receu- Town Law, Section 280-a from o ~ :..ed from il/20/86). the east side of South Harbor ,,~ , The Board of Appeals will Lane along OIdWo~h Path :~ ,i~: h~r at said time and pla.~ ,all (Privnte Road N~.' 10), t4~'~ ; ~r~m. or.~p~s..entati.ves~e?- premises known and referred to :~ .~ to oe n.eam in ~.cn oz me as 695 Old Woods Path, ,, ~ogve heanngs. Written com- Southold NY: Count,,'lhx Ma,- , m~nts may also be submitted Parcel No 1~0~87 1-23 7' ~ ~ ,prior to the conclusion of the 7:55 p.~. Ap~ ~[ ~580' ~ subject hearing. For more infor- BABALIS, ~ ~, matinn please call 765-1809. NICHOLAS Zoning Or-. ]pated: November 20, 1986 Yanance to the BY ORDER OF THE dinance, Article 111, Section ,, 100-31 for permission to con-.~ ~ ';' SOUTHOLD TOWN BOARD OF APPEAL.q struct new dwelling with insuf-. ficient northerly side yard and '~'~ GERARD P. GOEHRINGER, insufficient total sideyards at ,~ '1~ CHAIRMAN 3360 Rocky Point Road, East ~, ~ Linda Kowalski, Marion, NY; County ~ MapL ' Board Secretary Parcel No. 1000-21-04-09 ....... 1T-12/4/86(49) 8.'00 p.m. Appeal ,No, 3572- MICHAEL AND JOYCE ~ Special Exceptinn- Bed and Breakfast (recessed from 11/20/86) Notary Public BARBARA FORBES Notary Public, State of New York No. Qualified in Suffulk County Commission Expires ~,.~ NOTICE OF H~ARINGB NOTICE IS REREi~t GIVEN, pursuant to Section ~ of the Town Law and the Cede of the Town of.southold, the follow- lng public healings ~vill be held by t:he ~OU'I~iOLD TOWN BOARD OF APPEAL~ at the J~-n Dec[Il, 1986, comntenc- lng at the following times: 7:35 p.m, Appeal No. 3216 - EUGENE DAVISON. Vari- ance to the Zoning Ordinance, Article III, Soction for permission to establish s~c- and dwelling unit upon 9.6~ acre parcel over existing hor~e stable. Location of Property;~ South Side of Sound Avenue. Mattituck, NY: Lot ~.4, Minor Subdivision ~ .. Strawberry Fields, which mcei~'ea 6ketch Plan approval July 8, 19&5 by the Town Planning Board; County Tax Map Parcel No.' 1000-121-3-5 Icontaining 12.6~ acres). 7:40 p.m. Appeal No. 3577.2' FRANK AND DELORES DAVIES. Variance to the ing Ordinance, Article IlL se~ tiaa 100-32 for permission to re- ~ a. lon m Anoeal No 3557 - place accessory shed m the north RORKRT G EGAN. Variance sideyard area at 2285 Pine Tree ' ~-a~n~n-'~ Conditional Approval .Road, Cutchogue, NY; Lot ~15, i ~ndered 1113/86 under Appeal Map f ssau lla ms filed i No. :i557 to aliow reconstruction .M. arc~ 28: ..193~^~County,Tax r of dwelling with insufficient set- ~ 7:45 p.~. Appeal No. 357s ~' 7,~-.~an;t 12 feet, rather than 7 ARTHUR ESSLINGER. Vari.~'~ and 12 feet at 3:10 Knoll Circle, ance to the Zomng Ordinance, e shed within 75 feet of port of2~; County Tax Map Di~- existing bulkhead and wetlands area at 1515 Arshamomaque Avenue, Southold, NY; Lot #21, Map of Beixedon Estates;- County Tax Map Parcel No. 1000-66-3-11. 7:50 p.m. Appeal No, 3579 - CHARLEB AND SANDRA BLAKE. Variance for Approval of Access pu~uant to New York Town Law, Section 280-a from the east side of South Harbor Lane along Old Woeds Path (Pri- vate Road ~10), to premisew known nnd referred to as 695 Old Woods Path, Southold, NY; .County Tax Map Parcel No. 1000-87-1 -~q.7. 7:55 p.m. Appeal No. 3580 - NICHOLAS RABAIJS. Vari- ance to the Zoning Ordinance, Article IH, Section 100-31 for permission to construct new dwelling with insufficient north- erly side. yard and insufficient, total sideyards at 3360 Rocky Point Road, East Marion, NY; CountYl000.21.O4.09.Tax Map Parcel No, 8:00 p.m. Appeal No, 3572 - MICHAEL AND JOYCE MATTES. Special Exception. Lied and Ereakfast (receded from 11/20/86). STATE OF NEW YORK COUNTY OF SUFFOLK Carol SgarLat:a of Greenport, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed la a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 4 day of D~_c 19 86 Princlpa~ Clerk befo~rne this ~/_; ~, ~ N~A~ PUBLIC, S~te of New York ~ ~u ~ SuffMk ~unty Ho. 48498~ Term Expires lebruar~)~ trier 1000, Section 37, Bh,:k 5, g:15 p.m. Appeal No. :1552 - JOHN SENKO. Varim~ce for shopping center use in this I1-1 General Business Zone with 30,084 sq. ft. of lot area Iruce~ud/ from l ]/20/8~). Thc Board o1' Ap~;tla wdl lng ~ be heard in each of the ments may al~ be submitted subject hearing. For more infor- BY ORD~R OF THE SOUTHOLD TOWN BOARD OF APPEAI~ GERARD P. GOEHRINGER, CHAIRMAN Linde KowMski, Board of~cretary ,ITD4-5446 . ~ ..... APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, )R. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE RDAD 25 SOUTHRLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1609 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 the're 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~.~/~ ~ G-ERARD"P. GOEHR~NGER ~ CHAIRMAN Enclosure Linda ,Kowalski Secretary and Board Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD November 10, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3578 , application of Arthu~ C. Esslinger for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry ~ Southold Town Clerk TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, Name of Appellant .................. ................................................. ......... HEREBY APPEL TO Municipali~ 5t~e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPE~OR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit/ ~ ....... ~.~.~ ................. .~ ........ ~ ................. .,......~ ...................... / Street a~ Number ~ Municipality St'~'/' ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) USe Distr~:t on Zoning Map Street 0..~.5. ........ /'~f~'.~..(~....5~....~ ............. /./. ................. Current Owner Mop 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 (~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ha~as n.~)been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form zs! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNI(~UE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ STATE OF NEW YORK COUNTY OF ss Notary Pu b~.,/c MARY ANN £YBUL51~/ NOTARY PUBLtC. State o~ Ne*'. Residing tn Suftol~ Cuunf No 52-5895900 BOARD OF APPEALS, TOWN OF SOUTHOI. D 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. Thax~.J~~ intention of the undersigned to petition the Board of Appeals of the Town of Southold (Special Exception) (Special Permit) (Other) [circle choice] to request} 2. That the propertvvg~hi¢~Js the subject of the Petition is located adjacent to your property and is cribed as follows: ~'~_.f_ .'~_,~,~. ~/' /'~,~,/~. '~ ,,/'~, ~ // 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sectic:~. ///'// v' .// ~' ~ [ ] SectionL~6rO--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 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 be heard at such hearing. r 0wners'Names Post Office Add~ (Tel. P' 90 60r RECEIPT FOR CER P 390 609 NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL /See Rever~e) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ ~.Z~ ~ ~ . . being duly sworn, depos~ and ~ys t~t on the .~ ~ day of ~ ~ '~19~ , deponent mailed a true copy of the Notice ~t forth on the re- ve~ side hereof, ~irected to each of the above-named persons at the addresses set opposite thor respective namm; that the addresses set opposite the names of said persons are the addr~ses of said persons as shown on the current assmsment roll of the Town of Southold; that said Notices were mailed at the United Stat~ Post ~- rice at .~ ~/~. ~ ~. ; that said Notices were mailed lo each of said persons by (certified) (re~i~ter-d) mail. ~ Sworn to before rpe this day of~ , 19 ~' Notary Publi~ MARY ANN CYBULSK* NOTARY PUBLIC. State of New Yor, Residing in Suffolk Counh No 52-589,5900 ~lllmlSSlOn Expires Apr. 3U ~LT'~c~~ (This side does not have to be completed on form transmitted to adjoining property owners.) Z 0 .SHORT ENVIRONMZNTAL ASSESS~ENT FOPd4 INSTRUCT!ONS~ (a) In order to answer the questions in this short gAF 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 Will project result in a large physical change to the project site or physically alter more than 10 acres of land? · Will there be a major change to any unique or unusual land form found on the site? · · · &. 5. 6. 7. 8. 10. 11. 12. 13. Will project alter or have a large effect on an existing body of water? · . . . . . . . Will project have a potentially large impac~ on groundwater quality? , , , , , , . , , . Will project significantly effect drainage flow on adjacent sites? . . . . . . · . · . Will project affect any threatened or endangered plant or animal species? . . . . . . · · · Will project result in a major adverse effect on air quality? . . . . . . . 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? · . . Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . Will project have a major effect on existing or future recreational opportunities? · . · Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~ Will project have any impact on public health or safety? 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 or have a major negative effect on %he character of ~he community or neighborhood?.. Yes ~'~No Yes ~No Yes /No Yes /No Yes /No Yes ~No Yes /No -- Yes____P~No Yes ~No Yes Yes ~/~No To: Southold Town Board of Appeals Main Road Sou-~hold, NY 11971 Location of Property: _ /~Tt-D~f/~a.~zv~ ' · Dear Sirs: In reference to the New York State Tidal Wetlands fiend-Us Regulations, 6 NYCRR, Part 661, sad Article 25 of the Ne:.; York State. Environmental Conservation La%.~, please be advised that subject property i,n the within appeal p. (pl,.a,_ check c~ne box) M,~y be locat_~d ~ithin 300 feet of tidal wetlands hc%.~ever, constructed along the water-lyin~ edge of this prope,'ty '~ · ~ a bulkhead in very good ~- _ condition and at least 100 feet in ~length. [ ] ~lav b~ 'located wi::hin 300 feet of ~-~ - t_~a_ wet[ands. ho:.;ever, constructed along the waueTr-lyin? edge of thi_4 property is a but.'-:head in need of (major) repairs, and aourDximate~v _ length. -- -- feet in May be located within 300 feet of tidal wetlands; however, constructed al'ong the water-lying edge of this p%'operty is a bulkl:aad less than 100 feet in length. May be located within 300 feet of tlda! wetlands; and there is no bulkhead or -,, · cue ..... wa!~ e:~-is f~n on the premises. - ' [ ] Is not located %~ithia 300 feet of tidal Wetlands to the best of my kno%.~led¢3e' Il;tarred items (*) indicate your oronertv does no~ appear to fall within thc ]urzudiction of the N.y.s. D.E.C. Sincerely yours, NOTE: If proposed projec~ falls ~i~'l~n D.E.C. juri:diction, approval must be received an~ sukmit~6d to our office before Your auplication can be scheduled for a gublic ,~c- ~...~g.