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HomeMy WebLinkAbout3601Southold Town Board of Appeals I~AIN ROADo STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3601 Application Dated January 7, ]987 TO: Mr. and Mrs. Joseph Best P.O. Box 609 Mattituck, NY 11952 Peconic Development Corp., Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 5, ]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 [×] Request for Variance to the Zoning Ordinance Article XI , Section ]00-119.2 and Article III, Section 100-31, Bulk Schedule [ ] Request for Application of MARGARET AND JOSEPH BEST for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at the southerly side of existing dwelling with an insufficient setback from bulkhead along tidal water area, and to Section 100-31, Bulk Schedule, for an insufficient setback from the rear property line, at premises located along the south side of a private right-of-way (extending off the east side of Camp Mineola Road), Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. WHEREAS, a public hearing was held and concluded on February 1987 in the Matter of the Application of MARGARET AND JOSEPH BEST under Appeal No. 3601; 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. This is an application for Variances from the Zonihg'Gode Article XI, Section 100-119.2 and Article III, Section 100-31, Bulk Schedule, for permission to extend dwelling addition at the rear of the existing two-story frame dwelling from 12 feet to 14 feet leaving an insufficient setback at not less than 29 feet from the bulkhead. The setback of the existing dwelling structure, without addition, is shown to be at 43 feet. The addition is proposed for a heated porch and additional kitchen area. 2. The premises in question is a described parcel containing a total area of 1.3± acres, with 89 ft. frontage along the private right-of-way and an average depth of 597 feet to the rear property line along Peconic Bay. The subject premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section (CONTINUED ON PAGE TWO) DATED: March 5, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TO,tN ZONING BOARD OF APPEALS Page 2 Appeal No. 3601 Matter of MARGARET AND JOSEPH BEST Decision Rendered March 5, 1987 123, Block 6, Lot 17, and is improved with the following struc- tures: (a) two-story frame dwelling, overall dimensions 36.4' by 36' set back from the existing wood bulkhead 43± feet; (b) one-stOry 20' by 32' accessory cottage structure, set back 132± feet from the bulkhead; (c) 8.2' by 12.3' accessory framed shed set back 2.8 feet at its closest point from the easterly side property line; (d) 12.2' by 20.2' framed accessory stable struc- ture set back 21.7 feet at its closest point from the easterly side property line. 3. Article XI, Section 100-119.2, subparagraph B, requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 4. By action taken by this Board December ll, 1986 under Appeal No. 3571, a 12' by 33' addition at the rear (south) end of the existing dwelling was granted, for a setback of not less than 31 feet. It is also noted that by action taken under Appeal No. 3573, an amendment of prior Appeal No. 3551, this Board granted a conditional area variance for a new accessory garage in the frontyard, with restriction as to the setbacks from the front and west side property lines, as noted therein. 5. It is the position of this Board that an additional two-foot extension, for a 14-ft. extension at the rear of existing dwelling, would not be out of character with those generally existing in the immediate area. Proposed is a setback of not less than 29 feet from the bulkhead. Setbacks in the immediate area range from 31 feet to less than 25 feet. In considering this appeal, the board also finds and determines: (a) that the relief granted is not substantial in relation to the established setbacks existing in the immediate area, although the relief requested is substantial in relation to the zoning requirements; (b) the circumstances of the property are unique; (c) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (d) there is no other method feasible for appellants to pursue other than a variance; (e) there will be no substantial detriment to adjoining properties; (f) in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice will be served by granting the variance applied for. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to APPROVE a 14' by 33' wide addition at the south end of existing two-story dwelling, leaving an insuffi- cient setback at not less than 29 feet from the existing bulkhead, as applied Appeal No. 3601, Matter of MARGARET AND JOSEPH BEST. Vote of the Board: Doyen and Douglass. (Member Sawicki resolution was duly adopted. lk ~ P. GOEHRINGER, C~IRMAN March 9, 1987 Ayes: Messrs. Goehringer, Grigonis, was absent.) This Te~,n Clcn<, Tc:':n cf .... NOTICE OF HEARINGS 5IOTICE 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 SOUTi-IOLD lO!~N BOARD OF APPEALS at the Southold-Town Hall, Main Road, Southold, NY at a Regular Meeting, THURSDAY FEBRUARY 5, 1987 at the following times: //~x 7:35 p.m. Appeal ~io 360l - MARG~ARE_T_AND_JOSEP~t-B_E_S_T. Variance to the Zoning Ordinance, Article XI. Section I00-ll9.2 for 'x permission to construct addition at the southerly side of existing dwelling with an insufficient setback from bulkhead along tidal water area, and to Section 100-3l. Bulk Schedule, for an insufficient setback from the rear property line, at premises located along the south side of a private right-of-way (extending off the east side of Camp IViineola Road) ~ IViattituck. NY; County Tax Map Parcel No. 1000- / [23-06-17. ~ 7:40 p.m. Appeal No. 3599- SAMUELS. COHEN. Variance to the Zoning Ordinance, Article III, Section 100-32 for perm~ssmn to construct accessory garage structure~ for storage and garage pur- poses ~ ~n the front and side yard areas ~ premises located along the south side of a private right-of-way { extending off the south side of Indian Neck Road) ~ Peconic~ NY: County tax Map Parcel No. 1000- 98-5-18. 7:45 pJm. Appeal No. 3598 - DANIEL AND IRENE McKASTY. Variance to construct swimmingpool with fence enclosure and cabana within 75 feet of existing bulkhead aIong tidal warer~ reqmrin9 a Variance fo the Zonin90rdina~Jce, Article XI~ Sect'on I00-ll9.2. Lpcat/.~n of Property: t3220 Main Road. East Marion~ NY: County Tax Map Parcel No. 1000-31-~4-12. 7:50 p.m. Appeal No. 3595- DONALD J. GRIM. Variance,o the Zoning Ordinance, Article IX Section 100-90, t00-93, Bulk Schedule, for permission to construct two-story building for office use incidental ro principal use of the premises with an insufficient frontyard setback in this "C-P' Heavy Industrial Zoning District. Location of Property: Lot No. 2, l~linor Subdivision No. 450: South Side of Oregon Road, Cutchogue~ NY: County Tax Map Parcel No. 1000-83~ 3, part of Lot 4.4. Containing 4.59 acres. Page 2 - Notice of Hearings Southold Town 8oard of Appeals Regular Meeting of February 5, 1987 ?: 55 p.m. Appeal No. 3462 - HERBERT R. MANDEL. Variances to the Zoning Ordinance, Article III. Sections 100-30A~ 100-3l, Column A-80~ resulting from this proposed three-lot Minor Subdivision "HighPoint at East lvrarion~ Section Three~ Inc." for: (a) lots having insufficient lot ar~a; - (b) lots .h~ving. insufficient lot depth; (c) Lot having insufficient lot width: (d) Lot 3 as proposed.with structure having an insufficient [rontyard setback; (e) Lots 2 and 3 as proposed each will contain structures that do not meet principal-use requi~mo_ent for a single-family dwelling; (f) existing barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property line (and boundary line~ dividing Lots 2 and 3 runnin9 north and south). Location of Property 9355 Main Road, East Marion: County Tax Map Parcel No. 1000-031-03-1l. 25. Containing 2.918 acres. 8:05 p.m. Appeal No. 3590- THOMAS J. AND CATHERINE ZIMMERMAN. Variance to the Zoning C ndinance: Article XI. Section [00-118E for permis- sion to construct addition to existin9 nonconforming structure which exceeds 50% of fair value of same as exists, at 265 Rochelle Place, Mattituck~ NY; County Tax Mgtm~a~rcel No. 1000-144~04-09 and 08, Contairi~ g ~(60 an acre. 8:10 p.m. Appeal No. 3604 - ROBERT AND EILEEN VILLANI. Variance pursuant to New York Town Law, Section 280-a, for approval of mecess over private right-of-way (presently owned by Ei leen Villani) to other premises of the applicants identified as County Tax Map Parcels No. 1000-86-6-30 & lO. ~:15!~.~n. Appeal No. 3596 - TARTAN OIL CORP. Special Exception ~o the Zoning Ordinance, ArticLe VII. Section 100-?0B(4 & 5) for permission ~o establish a partial self-service gas station [n conjunction with full-service gas station approved 6/29/72 nnder Appl. No. I584. Location of Property: 32400 C.R. 48, Peconic. NY: County Tax Map Parcel No. 1000-74-4-?.l (6& ?). 8: 25 p.m. Appeal No. 3597 - ROBERT AND HELEN DIER. Special Exception to the Zoning Ordinance, Article III Section [00-30B for permission to estab- lish "Accessory Apartment" in existing garage area [n accordance with the ~equirements of Subsection 15 thereof. Location of Property: 355 Terry Lane~ Southold~ NY: County Tax Map Parcel No. 1000-65-7-20. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 5~ [987 The Board of Appeals will hear at said time and place all persons or rep resentatives desiring to be heard in each of the above hearings. Each hearing will non start before the time allotted. Written comments may be submitted prior to the conclusion-of'the.subject hearing. :For more informa- tion, please call 765~1809. Dated: January 24~ 1987. BY ORDER OF THE SOUTHOLD TO~FN BOARD OF APPEALS GERARD P. GOEHRINGER~. CHAIRMAN Linda Kowalski, Board Secretary z Copies to the following 1/27/87: Peconlc Development Corp. for the Bests~ t{ox 594, Mattituck, NY 11952 Mr. William J. Jacobs, as Agent for iVlr. Cohen~ Depot La, Cutchogue~ NY 11935 Mr. and Mrs. Daniel McKasty~ 368 Station Road~ Bellport. NY 11713 Mr. Donald J. Grim, 475 Jernick Lane, Southold, NY 1197l A .A. Wic~cham ~ Esq. as Attorney for Mr. Ylandel, 8ox 1424. Mattituck. NY 11952 Mr. and Mrs. T.J. Zimmerman4 39 Eric La. New HydePark~ NY 11040 Mr. and Mrs. R.A. Villani, 189 Old Westbury Rd.. Old Westbury~ NY 11568 W.D. IVloore~ Esq. as Attorney for Tartan Oil Corp., 370 Terry La. ~ Southold, NY 11971 IVlr. and B4rs. R. Dier, 355 Terry Lane, Southold. NY 11971 John lVi. ~/agner~ Esq. as Attorney for ( ) ~ Box 279, Riverhead, NY 11901 J. iKevin NlcLaughlin, Esq. as Attorney for A. Blair, 828 Front St., Greenport~ NY [1944 Personal Delivery ¢o: Suffolk Times and L.I. Traveler-Watchman Town Clerk Bulletin Board ZBA Members ZBA Individual Files ZBA Office Bulletin Board ftECEIVED TOWN OF SOUTHOLD, NEW YORK JAN ~[PPE~L~L'FROM DECISION OF BUILOING INSPECTOR APPEAL NO. ~0/ ......... TO THE ZONING BOARD OF APPEALS, TOWN OF 5OUTHOLD, N. Y. ,, ,we) .:.~..~t.m..~.r.q.,... ;i.i;;;' :'gl ............... o, .......... ,... ~t; ...... .....:.:.....: ............................. r, lame o1' ^pp ~ ' e ~ ana murn~er .............. ....................................... '° THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING iNSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .. .fi .~ ........ Nar~e of Applicant for p~,rr~it ........ Street and Number~ Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) i. LOCATION OF THE PROPERTY .................................................................................................. Street /Hamlet / Use District on Zoning Map District lO00 Section Block Lot ~ rrent t ~. ................................................................................. ~u Owner ~ tqqe~ C?~ ~-~OO LJ ~ Ma~ Np.~ __ ~CO ~q.%~. ~ ~jL%~. ~ Prior Owner 2. PROVISION (Si OF THE ZONING ORDINANCE APPEALED (indicate the Afficle Saetia, Sub- section and Paragraph of the Zoning Ordinance b~ number. Do not quote ~e Otdi.nance.) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~ A VARIANCE to the Zoning Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York To~ Law C~p. 62 Con~ Laws Art. ld Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A 3rewous appeal/~(ha~(has not) been made with respect to this decision of the Building Inspector or with respect to this :roperty. Such appeal was { .'A) request for a special Dermit (~C) request for a variance and was made in Appeal No .... ~.....~.,-~ ) Dated ........ !...~,..T..!.).T...~....~., ....... REASON FOR APPEAL Variance to Section 280A Subsection Variance to the Zoning Ordinance ,s requested forthe reason that ~ (Continue oh other side) REASON FOR APPEAL (~ontinued sar~ HARDSHIP because _%0 ~- STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship c,eoted is UNIQUE and is not snarea by oil properties alike in the immediate .v:cinitv of this property and in this use district because O{..t: "J~'%°c~ ~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because -- l~ ~ ~, THE STATE OF NEW YORK ) ) ss COUNTY OF-g-q'r~'g~d/(' ) Sworn to this ................. 7..~. ............... day Of ......... ~J ~ I* ' ~J ~ .................. 1 9 ~ ? I'~D~'~I~Y I~U~[_tC. S~te of New York No 52-452477] Ouallfled m S~ffolk Coun~ Commission ~p~es No~ 30, 1988 AGE I I BUILDING CONDITION NCRMAL BELOW ABOVE Acre Il'ease PI~I Totol : . COMM. CB. MICS. Mkt. Value REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD COLOR ::rob arch j 'eezewey :rage rio ,ta{ Z. 2'm"",: / 7~F°undati°n ~ I B~sement [Ext. Walls ~ Fire Place ..... Type Roof Recreation Roo Ro~ms 2nd Floor .4"~Dormer I Drivewo., ] FIN~'B ,Bath - ~' i Dinette Rooms 1st -BR. F $UR¥£¥ FOR I~IARGAR£T M, BESI', TR~ADtFELL D. ~ ~ AOLYN ~ SYVERSON ~T MAT~ITUCK ' I ~": ,' ' ? SUFFOLK .COUNTY, NEW YORK*: .* ;~' ~';' :..,'" 'l SOUTHOLD TOWN BOARD OF APPEALS MATTER OF MARGARET AND JOSEPH BEST THURSDAY, FEBRUARY 5, 1987, PUBLIC HEARING 7:35 p.m. Appeal No. 3601 - Public Hearing commenced in the Matter of MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance for addition at south side of dwelling with insuf- ficient setback from rear property line and from bulkhead along tidal water area. E/s Camp Mineola Road, Mattituck. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey by Young and Young indicating a proposed 14 by 33 foot (front porch) en- closed front porch extending out toward the bulkhead. Let's see if they show the distances in here. I have the figures here which is approximately 30 feet 6 inches from the south property line and which is primarily bulkheaded and in the front of that of course you have the high water mark. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on the Best hearing? Yes. Could you use your mike and just state your name for us. MS. DOUBVA: It has been very vital to ( ) uses parts of the building. Using these, we would like to have a 14 foot enclosed porch. They would like to use an existing window. And in order to use that window and the door, they need 14 feet. CHAIRMAN GOEHRINGER: As you know, we did grant 12 feet in our last hearing. So this is more or less like a re-application or a new application but it's addressing the same issue. The Best's in this particular application did take physical measurements of all the properties on both sides almost all the way down to Camp Mineola subdivision and all the way up to the Morris Estate. And t~e~cl6sest- one contiguous to hers on the east side (I think) they have Mills and that's 23 feet 6 inches and they are down as close to 15 feet. So we will definitely address this issue and we thank you for coming in. Could I have the spelling of your last name again~ MS. DOUBVA: D-o-u-b-v-a. CHAIRMAN GOEHRINGERo Is there anybody else who would like to be heard on behalf of this application? Anybody like to speak against the application? Questions from Board members. Hearing no further questions, I make a motion closing the hearing reserving decision until later. Ail in favor - aye. DEPARTMENT OF PLANNING COUNTY OFSUFFOLK )4tchae! A. LoGrande SUFFOLK COUNTY EXECUTIVE 360-5206 ~rcb 13, 1987 Town of Southold Zoning Board of Appeals 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) ~/Mr. & Mrs. Robert Dier Mr. & Mrs. Joseph Best Municipal File Number(s) 3597 3601 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RnAD- BTATE: R~AD 25 SrlUTHI3LD, L.I., N.Y, llg?l TELEPHONE 1516) 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 ×Z , Secti°nlo0-119.2 and Article III, Section 100-31, Bulk Schedule Variance from Dete'rmination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3601 Applicant: Mr. and Mrs. Joseph Best Location of Affected Land: Private ROW exteding off Camp Mineola Rd., County Tax Map Item No.: 1000- 123-06-17 Mattituck, NY 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 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 Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Established Channel Channel COMMENTS: Applicant is requesting permission to construct addition at the southerly side of existing dwelling with insufficient setback from bulkhead and insufficient setback from rear property line Copies of Town file and related documents enclosed for your Dated: March .10, 1987 Secretary, Board of Appeals review. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 APPEALS BOARD MEMBERS TELEPHONE (616) 765-1809 February 5, 1987 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 of Determination of Non-Significance APPEAL NO.: 3601 PROJECT NAME: MARGARETAND JOSEPH BEST 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct addition at southerly side of existing dwelling with insufficient setback from bulkhead along tidal water area. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Camp Mineola Rd., Mattituc~, NY 123-06-17 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a'setback variance regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. 9) Reviews and action have been finalized by the N.Y.S. Department of E~~i~~b~,npLEASE 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. NOTI~C E OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of . the Town of Scuihold, the follow- ing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Read, Scuthold, NY at a Regular Meet- ing, THURSDAY, FEB- RUARY 5, 1987 at the following imes: /~ 7:35 p.m.' Appeal No. 3601--~ MARGARET AND JOSEPH] BEST. Variance to the Zoning (~ Ordinance, Article XI, Section / 100-119.2 for perm~sston to con-] I struct addition at the ~outheriy~/ k,~de of existing dwelling with an * insufficient satback from bul-~N khead along tidal water' area,- ~ and to Section 100-31, Bulk/ Schedule, for an inaufficiant sat-/ back from the rear property lin~, ~. at premise~ located along the [ south side of a private right-of- \ way (extending off the east side \ of Camp Mineola Read), Mat- J tituck, NY; County Tax Map/ PareelNo. 1000-123-06-17. - ~/ ~ 7:40 p.m. gl~ No. 3599-- flAMU~L & COHEN. Vari. sary gara~ ~a-u~e, for ~or. nge and ~ purpeses, in the front and ~ ~ard areas, pram- of a privat~-~ght-of-way (ax- tamling offthe south side of~n- dian Neck Eoad), Psaoni¢, NY; County Tax Map Paget No. 10~0-98-5-1-8. 7:45 p.m. Appeal No. 359~ .. DANIEL AND IRENE McKASTY. Variance to con- struct swimming pool with fence ~ enclosure and cabana within 7§~ feet of existing bulkhead aionl~ tidal water, requiring a Vari- ance to the Zoning Ordinance. Arti¢te XI. ~ection 100-119.2. Location of Property: 13220 M~in Raad, Eazt. Marion. NY; County Tax Map Parcel No. 1000-31-14-12. 7:50 p.m. Appeal No. 3595 -- DONALD J. GRIM. Variance to the Zoning Ordinance, Artieio IX Scion I~0-90, 100-93, Bulk Schedule, for permission to con- s~ruct two-story building for of- rice' use incidental to principal uae of the premises with an in- sufficient frontyard setback in this "C-l" Heavy Industrial Zon- ing District. Lo~ation of Prop- arty: Lot No. 2, Minor Subdivi- sion No. 450; South Side of Ore- gon Road, Cutchogue, NY: County Tax Map Parcel No. 1000.83, 3, par~ of LOt 4.4. Con- ~._~ning 4.59 acres, ;~,;55 p.m. Appeal No. 3462 -- HERBERT IL MAN'DEL. Varistors to lhe Zoning Ordi~ nance. Article III. Sections 100- 30A, 100-31. Cohman A-80. re- sulting from this propped three- lot Minor Subdivision "High Point at East Marion Scstion Three, Inc." for:. la) lots having insufficient lot area; tb~ lots ha~- mg insufl'mient lot de~th; I¢~ Lot having instifficient lot width; Id~ Lot 3 as proposed with structure having an insufficient frontyar~ setback: (eJ Lots 2 and 3 as prog- ozed each will contain structures that do not meet principal-use requirement for a single-family dwelling; (D existing barns on Lots 2 sod ~3 as propesad wgl bave~ insufficient setbacks from pr -~aed frontyard property line u boundary line, dividing Lam'2 and 3 running north and aouth). Location of Property: 9355 Main Road, East Maciom County Tax Map Parcel No. 1000-031-03.1 L25. Containing 2.918 as~a. 8:05 p.m. Appeal No. 3590 -- TItOMA8 Jo AND Variance to the Zoning Ordi- nance, Article 'XI, S~tion 100- 118 E for permission to construct addition to existing nonconform- ing structare which exceeds 50% of fair value of same as existo, at 26~ Rachell~ Plasa, Mattituck, Nh/; CoUnty Tax Map Parcel No. 1~0~A~4-04-09 an~ 0& Cantata- lng .60 of an acre. 8:10 p.m. Appeal No. 3604 -- ROBERT AND EILEEH VIL- LANI. Varian~ pursuant to STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK Carol Sqarlata ofGreenport, in said County, being duly sworn, says that ha/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 is a printed dopy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 29 New Yark ~own Law, 8~ction 280.a, for apl~va] of ~ over day of January 1987__ private right-of-Way (presantiy ~ ~ · owned by gileen vlgaul) to . othar premises of the.applicanto identified as County ~ Map Par~eis Ho. 1000-~6-6~0 & lO. {/p/fn~p/~l lie 8:18 p.m. AM~eal No, $896 .- rk TARTAN OIL CORP. Special Exception to the Zoning Or- dinance, Article VIL Section Sworn to b~fgr lOO-70B (4 ~& 5} for permission day of ~ f~/--~ to establish a I~rttal salf-service full-service gas station approved ~ NOTARY PUBLIC, State oi New York 8/~72 .nde~ Appi. No. I~S~. Location of Property: 32400 C.R. t~8, l~oni6,-NY; County Tax Map Parcel ~. 1000-~4"1~/.1 (6~ &7L \ 8:25 p.m. Appeal No, 3597 -- ROBERT AND DIEH. Special Exception to the Zoning Ordinance, Article III. Section 100-30B for p~rmmsion to establish "Acceasary Apart- men~" in existing garage area in accordance with the reqmre- ments of Subsection 15 thereof. Location of Property: 355 Terry. Lane, Scuthold, NY; Coumy Tax ~ Map Parcel No. 1000-65.7-20. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings. Each hearing will not start before the time al- lotted. Written commenr, s may be-submitted prior to the conelu- sion of the subject hearing. For more information, please call 765-1809 Dated: January 24. 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowaiokk 1TJ29-~490 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 SOUTHOLD TOWN BOARI~OF APP~II ~s at the Southold Town Hail, Main Road, Southold, NY at a Regular M~eting, THURSDAY, FEBRUARY 5, 1987, at the following times: / :35 p.m. Appeal No. 3601- MARGARET AND JOSEPH Bi~f. Variance to the Zoning Ordinance, Article X1, Section 100-119.2 for permission to con- gtruct addition at the southerly side of existing dwelling with an insufficient setback from bulkhead along tidal water area, md to Section 100-31, Bulk ~chedule, for an insufficient set- ~ack from the rear property line, premises located along thc south side of a private right-of- way (extending off the east side of Camp Mincola Road), Mat- tituck, NY; County 'Pax Map Parcel No. 1000-1234)6-17. / to the Zoning Ordinance, Arti- cle III, Section 100-32 for per- mission to construct accessory garage structure, for storage and garage purposes, in front and side yard areas, premises located along the south side of a private right-of-way (extending off the south side of Indian Neck Road), Peconic, NY; County Tax Map Parcel No. 1000-95-5-18. 7:45 p.m. Appeal No. 3598- DANIEL AND IRENE McKASTy. Variance to con- struct swimmingpool with fence enclosure and cabana within 75 fe~ of existing bulkhead along tidal water, requiring a Variance~- to the Zoning Ordinance, Arti- cle XI, Section 100-119.2. Loca- tion of Property: 13220 Main Road, East Marion, NY; Coun- ty Tax Map Parcel No. 1000-31-14-12. 7:50 p.m. Appeal No. 3595- ~ Variance to the Zonin~ O_rdinance, Arti- cle IX, Section 100-90, Bulk Schedule, for permission to construct two-story buildin~ for office use incidental to prin- cipel use of the premises with an insufficient frontyard setback in this "C-I" Heavy Industrial Zoning District. Location of Property: Lot No. 2, Minor Sub- division No. 450; South side of Oregon Road, Cutchogue, N.Y.; County Tax Map Parcel No. 1000-83, 3, part of Lot 4.4. Con- mining 4.59 acres. 7:55 p.m. Appeal No. 3462- HERBERT R. MANDEL. Variances to the Zoning Or, dinance, Article Ill, Sections 100-30A, 100-31, Column A-80, resulting from this proposed thru-lot Minor Subdivision "Hi~hPoint at East Marion, S~ction Thseeo ln<' for: (a) having insufficient lot area; (b) lots having insufficient lot depth; (c) Lot having insuffi- cient lot width; (d) Lot 3 as pro- posed with structure having an insufficient frontyard setback; (e) Lots 2 and 3 as proposed each will contain structures that do not meet principal-use re- quirement for a single-family dwelling; (f) existing barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property line (and boundary line)i dividing Lots 2 and 3 running north and south). Location of Property: 9355 Main Road, East~/ Marion; County Tax Map Parcel No. 1000-031-03-11.25. Contain- ing 2.918 acres. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....... weeks successively, commencing on the ~2~' ~;' Sworn to before me this --) 9 ........ ;-: ........... day of < . ...... 19. '.~.7. 8.'05 p.m. Appeal No. 3590: THOMAS J. AND .CATHERINE Z1MMERMAN. Variance to the Zoning Or- dinance, Article XI, Section 100-118E for permission to con- struct addition to existing non- conforming structure which ex- ceeds 50070 of fair value of same as exists, at 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 and 08. Containing .60 an acre. 8:10 p.m. Appeal No. 3604- ROBERT AND EILEEN .VILLANI. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way (presently owned by Eileen Villani) along the east side of In- dian Neck Road, Peconic, to other premises of the applicants identified as County Tax Map PamelsNo. 1000-86-6-30 & 10. 8:15 p.m. Appeal No. 3596- .TARTAN OIL CORP. Special Excepton to the Zoning Or- dinance, Article VII, Section 100-70B (4 & 5) for permission to establish a partial sel f-serv,_'ce gas station in conjunction with full-service gas station approv- ed 6/29/72 under Appl. No. 1584. Location of Property: 32400 C.R. 48, Peconic, NY; County lhx Map Parcel No. 1000-74-4-7.1 (6 & 7). 8:25 p.m. Appeal No. 3597- i~ Ordinance, ~u'ticle III. Sec- tion 100-30(B) for permission to catablish "Accessory Apart- ment'' in existing garage area in accordance with the re- quirements of Subsection 15 thereof. Location of Property: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each o~ th~:, above hearings. Each hearing will not start before the time allotted. Written comments may also be submitted prior to the ~onclusion of the subject hear- lng. For more information, please call 765-1809. Dated: January 24, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notary Public Southoid Town Board of Appeals MAIN ROAD- -qTAT£ ROAD 2.5 SOUTHI~LD, L.I.. N.Y. 11:J71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS ~,LfcARD P. GOEHRINGER, CHAIRMAN C~ARLES GRIGONI$,JR. SEHGE OOYEN, JR. ~OBERT J, DOUGLASS JOSEPH H.$AWICKI 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 evenL there are quesLions from board members or persons in the audience. Please be assured that your public hearing will noL start before the time allotted in the Legal Notice. If you have any questions, please feet free to call our office, 765-1809. Yours_~ very ,~./~.~_.~.~,//'_..~..'~ G'ERARD P. GOEHRINGER ~ CHAIRMAN Enclosure Linda ,Kowalski Secretary and Board Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 7, 1987 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 Tran:smitted herewith is Zoning Appeal No. 3601 application of Margaret and Joseph Best for a variance. /~Iso included are accompanying papers pertaing to the application. Judith T. Terry ~ Southold Town Clerk SURVEY FOR MARGARET M. BEST, THEAOWELL ~. C. ~ AOLYN ,I. SYVEHSON SUFFOLK COUNTY, NEW YORK':";"~: 'J ' ~ , ! COFIt! .OF. 1#1! IQIIVtT #01 I~OARD 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) (Othe:) ). 2. That the property w~ich is the subje.~t of tl%e Petition ~ located adjacent~ to your Rropert¥-,Tn~l is des- 3. That the property whLr~ is the su~bject of such Petition is ! 4. That by su..ch Petition, the undersigned will I:equest the fo,lowing relief: .?. O. located in the following zoning district: S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (53.6) ?65-].809. 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. Dated: //(~/~"'J Jt~!(~)~-~(7('~L~-'F Petitioner I . ,-1. Owners ' Names i~ Post Office Address NAME PROOF OF MAILING OF NOTIC, F ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 281 532 226 '97 P 281 532 227 RECEIPT FOR CERTIFIED MAIL STATE OF NEW YORK ) ~NTY OF SUFFOLK) verse side hereof, direc~ted to SS.: , being duly sworn, deposes and says that on the ~,r~, day ,19 ~___~, deponent mailed a true copy of the Notice set forth on the re- each of the above-named persons at the addresses set opposite their respective flames; that the addresses set opposite the names of said persons are the addresses of said persons as shown on Ihe current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ; that said Notices were mailed to each of said persons by ~:Lq~ifi~ registered) mail. Sworn to before me this Notary Public NOTARY PUll[ C. Stale 0i New York No. 52.452,477! Ouehfled in Suffolk County Comm,s;ion Expffes Nov 30, ]~ side does not have to be erty owners.) completed on form transmitted to adjoining .SHORT ENVIRON~4ENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available infoz-mation 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 not significant, (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than lO acres of land? · o . . . . . . 2. Will there be a major change to any unique or unusual land form found on the site? · 3. Will project alter or have a large effect on an existing body of water? . , , o · A. 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 , , , , , o 7, Will project result in a major adverse effect on air quality? ° · · ° ° , · , 8. Will project have a ~aJor 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 struct- ure 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 effect on existing or future recreational opportunities~ , , , 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 Will project ~ffect 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 15, Is there public controversy concerning the project? REPRESENTING: Yes ~ No ,,, Yes ~ No Yes No Yes ~ No Yes. ~ No Yes %Q No Yes 'X No Yes ~< No Yes ~ No Yes ~ No Yes "~ NO Yes ~ No Yes No Yes ~ No Yes :~ No (Today~s D.~te) TO: Southo!d Town Board of Appeals ' '. Main Road Sou=hold, NY 11971 Re: A~peal Apolicatio~n ,o,.f ~ ~ ~ Dear Sirs: In reference to the New York State Tidal Wetlands fiend-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the £;e:.~ York State. Environmental Conservation La%-;, please be advised that t: subject property i,n the within appeal ap. (please check one box) ' [~.] May be locat~_d .within 300 feet of tidal wetlands ho%;,:ver, constructed along the water-lying] edco of this p~'opeuty is a bulkhmad in very good ' condition and at least 100 fee~ in ~length.' [ ] May b'e 'located wi~.:hin 300 feet of tidal wetlands. however, constructed along the wa~e'r-ly~n~ edge of thi~ property is a bulkhead in need of (m'-nor} (major) reoairs, and asurD:{imate]v ~ length. ' -- -- feet in not appear to May be located within 300 feet of tidal wetlands; ho:cover, constructed along the %~ater-lying edge of this property is a bulkhead less than 100 feet in length. May be located :.;ithin 300 feet of ' " · tlda! wetlands; and there is no bulkhead or con ..... wa!~ e::is~':n 'on the premises. - Is not located withia 300 feet of tidal Wetlands to the best of my knowledge.* [!)tarred items (*) indicate your property fall within the jurisdiction of the H.y.S' D.E.C. Sincerely t:OTE: If proposed project falls ~it'~kin D.E.C. juri~di'ction, approval must be received an~! sukmit~6d to our office before your a.~plica~ion can be scheduled for a public hcauing.