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HomeMy WebLinkAbout3599 Southold Town Boa N1AIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3599 Application Dated January 6, ]987 TO: Mr. William J. Jacobs, as Agent for Mr. Samuel Cohen Depot Lane Cutchogue, NY 11935 [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 III, Section ]00-32 [ ] Request for Application of SAMUEL S. COHEN for a Variance to the Zoning Ordi- nance, Article III, ~~q]-~3~2--for permission to construct accessory garage structure, for storage and garage purposes, in 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. WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of SAMUEL S. COHEN under Appeal No. 3599; 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, appellant seeks a Variance from the Provisions of Article III, Section 100-32 for permission to locate and construct accessory garage at the northwesterly portion of premises in the frontyard area. 2. The premises in question is a described parcel located in the "A-40" Residential and Agricultural Zoning District, contains an area of 43,560± sq. ft., with frontage of 80 feet along Peconic Bay, and is identified on the Suffolk County Tax Maps as District 1000, Section 98, Block 5, Lot 18. 3. The subject premises is improved with a single-family, one-story frame house, 8' by 12' accessory structure, and tool shed, all as shown on survey dated March 22, 1972 prepared by R. Van Tuyl & Son. (CONTINUED ON PAGE TWO) DATED: March 5, t987. Form ZB4 (rev. 12/81) CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3599 Matter of SAMUEL COHEN Decision Rendered March 5, 1987 4. The accessory structure proposed by this application is of a size 24' by 24' at a height not to exceed 18 feet and at distances of approximately 68 feet from the east property line, five feet from the west property line and 54½ feet from the north property line. The use of the accessory structure will be for storage purposes incidental and accessory to the residential use of the premises and will not be used for sleeping or habitable quarters at any time and not for income purposes. 5. Article III, Section 100-32 allows for the location of an accessory building in the rear yard area. To locate the subject accessory building in the rearyard area will require a variance under Article IX, Section 100-119.2 for an insufficient setback from the existing bulkhead. 6. It is the opinion of the board members that the accessory building should be located as close to the existing dwelling structure as possible; however, under the circum- stances and concerns of the abutting property owner(s), the location of the accessory building approximately 54½ feet from the north property line and minimum 10 ft. setback from the east property line would not be unfeasible. In considering this appeal, the board also finds and determines: (a) that the relief requested is substantial in relation to the requirements; (b) the variance will not in turn be adverse to the safety, health, welfare, comfort, con- venience or order of the town; (c) there will be no substantial detriment to adjoining properties; (d) although there are areas more practical, there is no method for appellant to pursue other than a variance; (e) the circumstances of the property are unique; (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, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that a variance for permission to by 24' accessory storage/garage structure in the area at premises of the applicant, SAMUEL COHEN, IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: locate 24' frontyard BE AND HEREBY 1. The accessory building be located with minimum setbacks of 54½ feet from the north property line (as applied) and l0 feet from the east property line; 2. The accessory building not exceed 18 feet in height as regulated by Section 100-32 of the Zoning Code; 3. The accessory building never be converted for sleeping or habitable quarters, and be used accessory and incidental to the residential use of the premises (for storage/garage purposes), not to be operated for gain or income purposes. 4. Appropriate landscaping with shrubs along the east side of the garage to be accepted by the Building Inspector. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolu- tion was duly adopted. ~ Pi GOEHRING~ER, ~q~AIRMAN March 10, 1987 NOTICE OF HEARINGS ~OTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following publi, c hearings will be held by the SOUTHOLD l~O~2xl BOARD OP APPEALS at the Southold-Town Hall, Main Road. Southoid~ NY at a Regular Meeting, tHURSDAY FEBRUARY 5, 1987 at the following times: 7: 35 p.m. Appeal 1~.~ 3601 - MARGARET AND JOSEPI~ BEST. Variance to the Zoning Ordinance, Article XI. Section t00-ll9.2 for permission to construct addition ar the southerly side of existin9 dwelling with an insufficient setback from bulkhead alor g tidal water area, and to Section 100-3l, Bulk Schedule. for an insufficient setback from the rear property line, at premises located alon9 the south side of a private right-of-way (extending off the east side of Camp lVlineola Road), Mattituck~ NY: County Tax Map Parcel No. 1000- 123-06-17. 7:40 p.m. Appeal No. 3599- SAMUELS. COHEN. Variance to the Zoning Ordinance, Article III. Section [00-32 for permission to construct accessory garage structure, for storage and garage pur- poses, in 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. I000- 98-5-18. ~ 7:45 p.'c~. Appeal No. 3598 - DANIEL AND IRENE McI<ASTY. Variance re construct swimmingpool with fence enclosure and cabana within 75 feet o£ existing bulkhead along tidai water, reqmring a Variance fo the Zoning Ordinat~ce, Article Xt~ Sect'on 100-119.2. Lpcat:z~n of Property: 13220 Main Road, East Marion, NY; County Tax Map Parcel No. 1000-3l-~4-12. 7:50 p.m. Appeal No. 3595-DONALD J. GRIM. Variance~o the Zoning Ordinance, Article IX Section 100-90~ 100-93, Bulk Schedule, for permission to construct two-story building for office use incidental to principal use of the premises with an insufficient frontyard setback in this "C-l" Heavy Industrial Zoning District. Location of Property: Lot No. 2. Minor Subdivision No. 450: South Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83, 3, parr of Lot 4.4. Containing 4.59 acres. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 5 ~ [987 7:55 p.m. Appeal No. 3462 - HERBERTR. l~4ANDEL. Variances ro the Zoning Ordinance~ Article III. Sections 100-30A, 100-31, Column A-80, resulting from this proposed three-lot Minor Subdivision "HighPoint at Eas~ l-x~a~i~n~ Section Three~ [nc." for: (a) lots having insufficient lot area; lb) lots h~ving insu££icient lot depth; (c) Lot having insuf£ic[ent lot ~¢idth: (d) Lot 3 as proposed with structure having an insuf£icient frontyard setback: (e) Lots 2 and 3 as proposed each will contain s~ruc~ures that do not mee~ principal-use reqmr~enr for a single-fatal! y dwelling; (f) existing barns on Lots 2 and 3 as proposed will have insu~£icient setbacks fro~ proposed ~rontyard property line kand boundary line~ dividin9 Lots 2 and 3 runnin9 north and south). Location of Proper~y 9355 Main Road, East Marion: County Tax Map Parcel No. I000-031-03-ll.25. Containin9 2.918 acres. 8:05 p.m. Appeal No. 3590 - THOMAS J. AND CATHERINE ZiMIVIERMAN. Variance to the Zoning Ordinance. Article XI. Section 100-llSE for perm~s- sion to construct addition to existing ~onconformin9 structure which exceeds 50% o£ fair value of same as exists, at 265 Rochelle Place, lVlattituck~ NY; County Tax ~_i~P~a~ce| No. t000-t44-04-09 and 08. Contairi~ g a(~0 an acre. 8:]0 p.m. Appeal No. 3604 - ROBERT AND EILEEN VILLANI. Variance pursuant to New York Town Law. Sectio~ 280-a~ for approval of ~ccess over private right-of-way [presently owned by Eileen Villani) to other premises of ~he applicants identified as County Tax Map Parcels No. 1000-86-6-30 & 10. ~:15[~.~. Appeal No. 3596 - TARTAN OIL CORP. Speciai Exception ~o the Zoning Ordinance~ Article VII. Section [00-?0B(4 & 5) for permission to establish a partial self-service gas station [n conjunction with full-service gas station approved 6/29/72 under Appl. No. 1584. Location o£ Property: 32400 C.R. i8. Peconic~ NY; County Tax Map Parce! No. I000-74-4-7.~ (6& 7 8: 25 p.m. Appeal No. 3597 - ROBERT AND HELEN DIER. Special Exception to ~he Zoning Ordinance. Article III Section 100-30B for permission to estab- lish "Accessory Apartment" in existing garage area in accordance with the requirements o£ Subsection 15 thereof. Location of Proper~y: 355 Terry Lane. Soathold. NY: County Tax IVi~p Parcel No. [000-65-7-20. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February ~ t987 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. Each hearing will not start before ~he time allotted. Written comments may be submitted prior to the conclusion of the subject hear(ng~ Eor more informa- tion, 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 ~ Copies ~o the following 1/27/87: Peconic Development Corp. for the Bests, E[ox 594, Mattituck~ NY 11952 Mr. William 3. Jacobs, as Agent for Mr. Cohen~ Depot La~ Cutchogue: NY 11935 Nit. ~nd Mrs. Daniel McKas~y, 368 Station Road, Bellport~ NY 11713 Mr. Donald J. Grim, 475 Jernick Lane, Southold, NY 1197I A.A. Vric~kham, Esq. as Attorney for Mr. Mandel: Box 1424, Mattituck. NY ll952 Mr. and Mrs. T.J. Zimmerman, 39 Eric La, New Hyde Park, NY 11040 Fir. and Mrs. R.A. Villani, [89 Old l~restbury Rd. ~ Old ~/estbury: NY 11568 W.P. Moore, Esq. as Attorney for Tartan Oil Corp. ~ 370 Terry La., Southold, NY 11971 IVlr. and Mrs. R. Diet, 355 Terry Lane~ Southold, NY 1197l John M. ~Iagner~ Esq. as Attorney for ( ~ , Box 279, Riverhead~ NY 11901 J. Kevin McLaaghlin, Esq. as Attorney for A. Blair, 828 Front St. ~ Greenport~ NY 1194~ Personal Delivery to: Suffolk Times and L.I. Tra'ieler-Watchman Town Clerk Bulletin Board ZBA Members ZBA Individual Files ZBA Office Bulletin Board TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ .....~-m~...~~...~.-.~,... )~.~ .~.~-.... PLEASE TAKE NOTICE that your application dated~~ ~./. ~ ....... 19. ~ ~.. o ~ ~ ' County Tax Map No. 1000 S=ction . .'..~ ~ ..... Block .... .~ ~ .... Lot ...). ~ ......... Subdivision ................. Fried Map No ................. Lot No .................. is returned herewith and disapproved~on the following grounds....~... '..e~...~.~..~./..6~..-. ~ ........... ,{. ............................... / Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK JAN 1987 APPEAL FROM DECISION DF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,. " .... .................................. Name of Appellant v Street and Number ,~.!.L-~,,..~,~...~',.,,~.....:...:.....e .................................................. ..~.,.~..~t,;....:.....H~EBY APPEAL TO ~/ Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUtLDI'NG INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ......................... ~.. ................................................... Current Owner Map No. lot No. WHEREBY THE BUILDING INSPECTOR DENIED TO ....... :.~L ..e~,.....~. :.~. ~ .~ ...................... : ................. Name of Applicant for permit of ~Stree~2nd ............................................................................. Number Municipality '"'~'"'"'~t;;; .............. '~'/'"~'"~ PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF~THE PROPERTY ..Z..~....D../...~..~...~..~.~.. ..................................................... Street Use District on Zoning Mop 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ( ndicote the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the.Ordi.nance.) 3. TYPE OF APPEAL Appeal is made herewith for ( V~ ~ VARIANCE tc the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A ~rewous appeal (4ees) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request ~or o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection ) A Variance to, the Zoning Ordinance ~s requested for the reason that. i 7'"'- / -~ ~ ZB1 (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties~o~,~e~,~ ~,~;~ vicinit'y of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTE ~. OF THE DISTRICT because COUNTY O Signature Swo,n to,h,, ...... ~ ........................... da~of..~~ ........................ // Notary Pu ~14 c IV!ARY ANN CYBULSKI NOTARY PUBLIC State of New York Residing ~ Suffolk C~.~ No 52-5895900 ~ Co~o~ [xp~res ~n130.19~ ~ OWNER TOWN FORMER OWNER STREET TOTAL $OUTHOLD PROPERTY RECORD CARD w,b~-z;---~, suB_. ,o_'~_ FARM CO~, LAND i IMP. DATE 'i "FAR~ Tilbbe AGE BUILDING CONDITION NEVI NORMAL BELOW ABOVE Acre Value Per V(~lue Acre Woodland Meadowland FRONTAGE ON WATER DEPTH : klouse Plot BULKHEAD TotaT~ "'~ ~.~~ DOCK .~xtension Extension Porch tF°un___?ti_~On /~x ~ /j'Besement IFire Place ~2 ~e_creetion lath ., . Floors Interio?,'Cinish Porch' ~ Breezeway Garage Total Room Heat Rooms ISt FlOor Rooms 2nd FlOor Driveway OR. z T~ ~NPt,AN NP.t,.K I~;' ~. L1~? DF- ~5r ] (9 = tg. ON ill APPEALS BOARD MEMBERS (,[ h'ARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, ,.IR. ',£1~GE DOYEN, JR. ~0BERT J, DOUGLASS ~OSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewtth 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 appgar in your behalf during the public hearing in /he event thFre are questions from board members or persons in the audience. Please be assured that your public hearing will no/ start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ v e ry .~/~/~_ G~'rA~d P. 'GOEfiR('NGER ~/' CtiAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk SOUTHOLD TOWN BOARD OF APPEALS MATTER OF SAMUEL S. COHEN THURSDAY, FEBRUARY 5, 1987, PUBLIC HEARING 7:40 p.m. Appeal No. 3599 - Public Hearing commenced in the Matter of SAMUEL S. COHEN, Variance to construct garage for storage purposes in front and side yard areas, S/s private right-of-way off the south side of Indian Neck Road, Peconic, The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating a a proposed garage (I believe it's) 54 feet 6 inches from the north property line, 5 feet from the east property line and 68 feet from the west property line. And I have a copy of the Suffolk County Tax Map indicating this and surrounding proper- ties. Mr. Jacobs would you like to be heard~ MR. JACOBS: You can see where it is all situated. It's out of the way of anybody and it's situat~d~, between some of the big trees so it won't disturb the big trees. CHAIRMAN GOENRINGER: If you move a little further forward toward the west, would that create a problem? MR. JACOBS: Yes. It would be to much onto the driveway that's there. There wouldn't be enough'~ swing in room. Where it's sit- uated now it's better for the people behind. On the north side they're building a new house there, the Allens and this wouldn't obstruct their view since they have a double porch erected off their house. They will still get a water view off it. If we did move it out further, you would be blocking their views. CHAIRMAN GOEHRINGER: How~,~high is the rear of the garage up to be- fore you hit the roof line? MR. JACOBS: Probably about 17 or less. 16 or 17 feet. It's a low pitch in there. CHAIRMAN GOEHRINGER: It's a hip roof? MR. JACOBS: It's a hip roof with a low pitch. CHAIRMAN GOEHRINGER: It's a one story garage? MR. JACOBS: A one story garage. CHAIRMAN GOEHRINGER: I did notice the stakes and I thank you for putting them there so that we could get an idea of where it's going to be placed. And we occasionally run into problems walking on people's property particularly in situations like this where the houses are forward and in the rear and you can spend a good portion of the day just checking a couple jobs or a couple of applications ~Page 2 February 5, 1987 Public Hearing Samuel S. Cohen Southold Town Board of Appeals CHAIRMAN GOEHRINGER (continued): by introducing yourself so on and so forth. So in most cases, it's much easier this way when you have the stakes there be- cause we know exactly where it is and we don't have to make measurements and so on and so forth. So I thank you again. MR. JACOBS: You said that you're a week behind. When do we hear an answer on this? Not that it means that much in this kind of weather. CHAIRMAN GOEHRINGER: Probably March 8th, March 5th. Thank you. Is there anybody else who would like to be heard on this appli- cation? Anybody like to speak against the application? MR. ALLEN: I have the house you spoke about. I just have a question really. CHAIRMAN GOEHRINGER: that house sir? Did we grant an application for you for MR. ALLEN. Yes. I have no problem with the garage. I was just wondering and I want to ask Mr. Jacobs because Mr. Cohen is not here. If they move the garage approximately 40 feet closer to the water,_(I appreciate what they're doing for me) putting the garage where it's located because it does give me water view straight ahead. If they move it 40 feet closer to the water, I do have, I do get possibly a view of the other way and it would be closer to his home. As it stands now, the garage is going to be about 150 feet or more from his residence. CHAIRMAN GOEHRINGER: I assume they didn't want to .... MR. ALLEN: It's not an objection. Just a question really. CHAIRMAN GOEHRINGER: I assume you did that and I'm not answering the question for you Mr. Jacobs but I'm assuming they put it in this spot so they didn't have to dig up any driveway. MR. JACOBS: Right. Well we have got to figure how we could come into the driveway. If we move it further, it would be crowding into his circle driveway. But we did originally have it where the little sheds are which would have completely blocked their portions and I talked them into going over onto the property line because I didn't want to cut all those big trees out. So anyhow, I think it is in the best place that we can put it. CHAIRMAN GOEHRINGER: Alri~ht. I'll go down and look at it again and see if we can accommodate anything at this particular point. I am not guaranteeing anything at this point but we will go down. 'Page 3 - February 5, 1987 Public Hearing - Samuel S. Cohen Southold Town Board of Appeals MR. ALLEN: If Mr. Cohen any problems. It's just it down a little further. put it there, I'm not going to cause that he ought to reconsider ~ move I'd appreciate that. CHAIRMAN GOEHRINGER: So you really don't have an objection? Is that what you're saying Mr. Allen? MR. ALLEN: Not really. I prefer he move it closer to the water like I said but I'm not going to make an issue out of it. No. MR. JACOBS: The only way you can get anything like that is to talk to him. It wouldn't be up to me. CHAIRMAN GOEHRINGER: Well if you intend to speak to him, send us a letter indicating such or have him~ send us a letter. And at this particular point of course this is the way we have to and this is the way it's been advertised. So the only avenue that we would have if we don't hear from you is to deal with the application as it stands. And if he intends to change the place- ment of it or whatever the case might be, we would have to turn the application down out of prejudice and have him reapply which of course would add timing onto this situation. That's all I can offer you at this point. Thank you again Mr. Jacobs~and Mr. Allen. Hearing no futher questions. I'll make a motion closing the hear- ing and reserving the decision until later. All in favor - aye. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 6, 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 Transmitted herewith is Zoning Appeal No. 3599 , application of Samuel S. Cohen 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. Southold Town Clerk 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- ¢:TATE ROAD 25 SOUTHOLD. L.I., N,Y. 119'71 TELEPHONE (516) 765 1809 March lO, 1987 Mr. William J. Jacobs Depot Lane Cutchogue, NY 11935 Re: Appeal No. 3599 Samuel Cohen (Variance) Dear Mr. Jacobs: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN nda Kowal ski Commission DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE 360-5206 March 20, 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) ~. & Mrs. Thomas J. Zi~anerman · Samuel Cohen Municipal File Number(s) 3590 3599 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb APPEALS BOARD MEMBERS GERARD P. GOEHR~NGER, CHAIRMAN CHARLES GRIGONI$, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHI"ILD, L.I., N.Y. 11971 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: ×× V~riance from the Zoning Code, ArticleiiI , Sectionlo0_32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3599 Appl'icant:Mr. Samuel Cohen Location of Affected Land: Pvt. RON e×tending off Ind±an Neck La, ?econic,N¥ County Tax Map Item No.: 1000-98-5-18 Within 500 feet of: Town or Village Boundary Line 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 construct accessory ~ara~e structure for storage and g~raqe purposes, in the front and side yard areas. Copies of Town file and Dated:March ~2, 1987 related documents enclosed for your review. Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- ;::TATE ROAD 25 5DUTHDLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS February 5, 1987 S.E.Q.R.A. - GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3599 PROJECT NAME: SAMUEL COHEN 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: tX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: ~Dnstruct garage in the front and side yard~ area LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more particularly known as: Indian Neck Rd.,. Peconi~, NY 98-5-18 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) Construction proposed is landward of existing structures 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. BN, the held MAROARET AND JOSEPH ]sp.t~. Vasiance ~o the Zoning ~ A~de XI, S~ion m'~ ,~ at the,soutt~flY ~ Of ~dwelling with an ,InSufficient setback from ~,m :to ~Ul-!0m31, Bulk Si~ rar~i~urr~ient · t p~mis~ ,located along the ,outh ~1~ 0fii ~ivat~ ~ht-of- ~ (eXt~di~ off the east side of Camp Mln~la Road), Mar- tituei, N~.,~.ognty ~ax Map ~ No. l.~ 1234)6-17' ~ 1II, Section 100-32 fo~ per- s~,~ for ~ore~d / ..~Vl~.p~ in fro~t and sid~ ~ areas, prellfises loca~xi ( .slanf. the south side of a priva~ ~ nfl~t..of-wa~, (e~end~8 off the south side OF Indian Neck ~ ?:4S p.m. A~-~ .d~ahi:hl.l~. varmac~ to con- stroct aWi~uni~i ~,/ith fence r~ of ~n*~d~ dong tidal water;requiri~a Variance to the Zo~ Arti- cle X1, Beckon 10~119;2. Loca- tion of ProPerty:. l~220.Main Road, hst ~On, ~ ~oun- ty Tax M~I~ 'PRr~bl' No. 1000-31-14-12. 7:50 p.m..A~ No. J595- ~ Variance IX, Section~lqJQ-~* 100-93, to ~oMtruct ~ry buiMing for office use in, Mental to prin. imufficlent fi-os~y~rd set~k in thJ~ ,C-I" Heavy Industrial Zoning District. Location of division N~4~ South side of County ~ Map Parcel N(~ 1000-83, 3, part of Lot 4.4. Con- ~ 4.59 ~ 7:$5 pan. Appeal No. 3462- HERBERT R. MANDEI. Variances to the Zoning Or- dinance, Article III, Sections 100-30A, 100-31, Column A-80, rf~nli'in~ f.rom thai~ proposed k~s ~ insufficient lot dePth; (c) Lot having insuffi- cicot lot width; (d) Lot 3 as pro- posed with struc~re having _a~ 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; (0 existing barns on Lots 2 and 3 as proposed will have.insufficient setlMchs from proposed froutyasd property line (and boundary line), dividing Lots 2 and 3 running n~ arid s~*uth). Location Of Marieo; County lhx Map Parcel No. 1000-031-03~,11.25. Contain. ing 2.918 acres. 8:0~ p.m. Appeal No. 3590- THOMAS J. AND CA HERINE Zl ME AN. Variance to the Zoning Or- dinance, Article XI, Section 100-11SE for Ix~llfission to con- struct fiddition to existing non- conforming structure which ex- ceeds 50~/0 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 acr~ 8:10 p.m. Appeal No. 3604- ROBERT AND EILEEN VlLLANI. 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 a~nlieant~ COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 Trav.ger. Watchman once each week for ........................... weeks successively, commencing on the .......... .~...~....~. ..... Sworn to before me this ~'~ ~ ~ ..................... day of ...... ...... Notary Public BARBARA FORBES Notary Pt:bti~. State of New York No. d?~?5 Quaiiiied in Suffolk County Commizsion Expires /~/ 19 ~ 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 ~ (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subiect of th~e~etition is located adjacent t~your property and is des- cribedasfollows: ~ ~/'d / k/$1',o~,/ /v,~:C=6. /--~,~/~- //~-~,~c ~ / 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 ~ Section / 6 0 ~ 'la [ ] Section ZS0-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. Petitioner Owners 'Names: ~'~,~1 ~_._, f' Post Office Addres~ ~ (lel. P 263 056 594 P 263 056 595 RECEIPT FO~ p 263 056 593 RECEIPT FOR CERTIFIED MAIL PROOF OF MAILING OF NOTICF -TTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Wi,//l't2,q~ '--,7~_t.~ ~)~' , residing at./)Z'~o,~ 7' ~. ~~ ~ . bein~ duly sworn, deposes ~nd s~ys thmt on ~he~ dray of ~U~ ' , 19 ~, deponent mailed a true copy of the Notice ~t forth on the re- verse side hereof, diYected to each of the above-named ~rsons at the addres~s set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsment roll of the Town of Somhold; that said Notices were mailed at the United Stat~ Post ~- rice at ~~ ; that said Notices were mailed to each of ~id persons by (certified) (registered) mail. Sworn to before me this day of // Notary I~ublic MARY ANN CYBULSKI NOTARY PUBLIC State Q! New '~or, Re~d,n£ ,n Sutlolk Count~ flo 52-5895900 (This si-de does not have to be completed on form transmitted to adjoining property owners.) SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTI05S: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available inforlnation concex-ning the project and ~he 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 ccmpleted 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 Will project result in a large physical change to the project site or physically al%er more 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? . . · Will project have a potentially large impac~ on groundwater quali~y? · . · · · · · · · · . 5. Will project significantly effect drainage flow On adJacen~ sites? · · · · · · · · · ° · 6. Will project affect any threatened or endangered plant or animal species? . . . . . . , . . . 7. Will project result in a major adverse effec~ on air quality? · · · · · , , o · o · Will project have a major effect on visual char- acter of the community or scenic views or vistas known ~o 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? · · · 10. Will project have a major effect on existing or future recreational opportunities? . . . 11. Will project result in major ~raffic problems or cause a major effect to existing transpor~a~ion 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 safety? Yes _~No Yes ~/' No Yes J No Yes ~ No Yes ~ No Yes %/ No Ye s No Yes --i No Yes J No Yes ~NO yes No Will project Affect the existing community by directly causing a grow-th in permanent popu/a- 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?.. Yes No Is there publi¢.controversv..concerning the project? ~ No To: Southo!d Town Board of Appeals blain Road sou=heir, ii,Ti Lqca tion o~ Dear Sirs: In reference to the Ne,.~ York State Tidal Wetlands Regul'a~ions, 6 NYCRR, Part 661, and Article 25 of the I;e:.; York Environmental Conservation La%z, please be ad';ined that zubjec~ property i,n the within appeal ap. llc~~o.i. [ ] [ I ch(ich one box) M,i'.; be locatad .within 300 feet of tidal wetlands hcvn:ver, constructed alon~ the water-lyinq edco of this propet'~'y i". a bulkhJad in very good condition and at least 100 feet in ~lcn~th. ~ May b'e 'located wit:hin 300 feet of -~.~ - t_~a_ wetlands. ho:rover, constructed a!on~ the :.~a~e'~- , ;-~ . . . . - ly_..~ ec<~e of this proper~y is a bulkhead in need of ( .... (major) reoairs, and aomroximate!v ~ length. ' -- . fee~ in [ appear May be located within 300 feet of tidal wet!and3; however, constructed alonq,the wa~ter-lying edge ~ of this property is a bulkLead le~s than 100 fee~ in length. May be located within 300 feet of ' " t:da! wetlanda · and there is no bulkhead or c ..... ~,. ' .~on the prcmisea. Is not located within 300 four of tidal ¥;etlands to the best of my kno%vlodcje.* [:;ta~_ed items (*) indicate your ~,' -~ .... to fall within the jurisdiction of the N ' ~ · ~.o. D.E.C. Sincerely your."., ~:OTS: If proposed project falls ~iui~in D.E.C. approval must be received and su[;mi~.]~d to our your applic ;on can be '~ckoduled loc a public jurisdiction, office befoce · ,C~.~. _.l ~'.