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Home My WebLink About3577 Southold Town Board of Appeals MAIN RE}AD- BTATI[ ROAD 25 c~I3UTHrlLD, L.I.. N.Y. 11c:J71 ,-,~,,~ ~ · ~ '-:,~'ELEPHONE (516) 765-1809 ACTTON OF THE ~.ONTNG BOARD OF A2?EA~S Appeal No. 3577 Application Dated November 6, ]986 TO: Mr. and Mrs. Frank Davies 113 Lone Oak Path Smithtown, NY 11787 [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 [×] Request for Variance to the Zoning Ordinance Article I/I , Section ]00-32 [ ] Request for Application of FRANK AND DELORES DAVIES for a Variance to the Zoning Ordinance, Article III, Section 10'0-32 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. WHEREAS, a public hearing was held and concluded on Decem- ber 11, 1986 in the Matter of the Application of FRANK AND DELORES DAVIES under Appeal No. 3577; 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 pr.esent 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 the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory shed structure at a distance of 2.4 feet from the south (side) property line in the sideyard area as more particularly shown on survey dated June 23, 1986 prepared by Peconic Surveyors & Engineers, P.C. 2. The premises in question is referred to as Lot #15, Map of Nassau Farms filed March 28, 1935, and is located along the east side of Pine Tree Road at Peconic. The Suffolk County Tax Map Designation is District 1000, Section 104, Block 3, Lot 2. (CONTINUED ON PAGE TWO) DATED: January 8, 1987. Fozq~ ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3577 Matter of FRANK AND DELORES DAVIES Decision Rendered January 8, 1987 3. The subject premises contains an area of approximately 19,200 sq. ft., lot width of 67.88 feet, and is improved with an existing 1-story, single-family framed dwelling set back approximately 77 feet from the mean high water mark along Little Creek (at the closest point, exclusive of steps). 4. For the record, it is noted that on August 26, 1974, a Building Permit was issued under #7500-Z for an accessory build- ing, in the rear yard (in line with the rear of the existing dwelling at that time). Subsequently, the rear of the dwelling was extended, which placed the accessory building in the side- yard. Appellant proposes to construct a replacement storage shed in this same location. 5. It is the opinion of the board that the relief requested is minimal, and to locate the accessory building in the required rear yard will require an additional variance under Article XI, Section 100-119.2. In considering this appeal, the board also finds and determines: (a) that the project proposed is not out of character with the neighborhood; (b) the relief requested is not substantial; (c) the circumstances of the property are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) there is no other method feasible for appellants to pursue other than a variance; (f) there will be no substantial detriment to adjoining properties; (g) 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. Sawicki, it was RESOLVED, to approve the location of an accessory storage shed in the sideyard area in the Matter of Appeal No. 3577, by FRANK AND DELORES DAVIES, SUBJEC? TO THE FOLLOWING CONDITIONS: 1. Minimum three-foot sideyard from the south side property line; 2. Not to exceed a size of 10' by 12'; 3. This shed structure be used only for storage or garage purposes accessory and incidental to the residential use of the premises and not to be operated for gain, living or sleeping quarters. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member Grigonis abstained.) This resolu- tion was duly adopted~ lk GERARD P. GOEH~-INGER, [~I~RMAN January 20, 1987 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Soutbold Town Hall, Main Road, Sou~hold~ NY at a Regular Meeting on ~hu~sday, Dec~mbe~]~ll~ t~86~.at~the followfng times: 7:35 p.m. Appeal No. 3216 - EUGENE DAVISON. Variance To the Zoning Ordinance, Article III, Section 'O0~30(A)[1] for permission to establish seco.nd dwelling unit upon 9.8± acre parcel 6ver existi~ng horse stable. Location of,Property; South Side of Sound- Avenue, Mattituck, NY; Lot #4, Minow Subdivision of Strawberry Fields, which received Sk6tch Plan approval July 8, 1985 by-the Town Planning Board; County Tax Map Parcel No. 1000-121--3-5 (containing 1-2.6& 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 th~ north sideyard area at 2285 Pine Tree Road, Cutchogue, NY; Lot #15, Map of Nassau Farms filed March 28~ 1935; County Tax Map Parcel 1000-104-~-2. 7:45 p.m. Appeal No. 3578 ARTHUR ESSLINGER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory storage shed within 75 feet of existing bulkhead and wetlands area at 1515 Arshamomao. ue Avenue, Southold, NY; Lot #21, Map of Beixedon-Estates~ Country Tax Map Parcel No. 1000-66-3-11. 7:50 p.m.. Appeal NO'. 3579 CHARLES AND SAN)RA BLAKE. Variance for Approval of Access pursuant, to New York Town Law, Section 280-a,from th6 east side of South H'aFbor Lane along Old Woods Path (Private Road #10), to.premises know~ and referred to as 695 Old Woods Path, Southold= NY; County Tax Map Parcel No. 1000-8'~-1-23.7. 7:55 p.m. Appeal No. 3580 NICHOLAS BABALIS. Variance to the Zoning Ordinance, Article III, Section lO0~31 for permission to construct new dwelling with insufficient northerly side yard and insufficient ~otal sideyards at 3.360 Rocky Point-- Road, 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.-ll/20/86). Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting December li, 1 986 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 c.all 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 Davjson, Box 248-A, RD #1, Sound Ave, Mattituck, NY 11952 Mr. and Mrs. Frank Davies~ 113 Lone Oak Path, Cutchogue, NY 1~935 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 t424, 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) NOTICE OF DISAPPROVAL File No ................................ To ~ .!.".~. ~ .a~ .<..~..~...'T.;,~...e,4.. ............ ...ee.~.~~. ~.~, .!~.~.~. ..... .. ...~.~...~.~ .~.~. PLEASE TAK~ NOTICE tha~ your application dated ........ 19 Mouse ~o. ~ ~ ' ~ Street ~ Ham/et County Tax Map No. 1000 Section .-. ~ .9.~ ..... Block ..... ~..$ ..... ~t . ~ ~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewittl and disapproved:on the following grounds .~..~... ~ .~. ~ ." ~7' - : ,..~. :.~,~. ..................... ........... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~. (wel ~c~..~.K..,....~..~I~.~..~.;..~...~?...,.~ ...... of .../.La.._.4.~.~.....~.~.....P..~6 ................... Nome of Appellant Street dnd Numbe~r ........................................................... TO MUnicipa,lity $~ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE .BUILDING INSPECTOR ON .................................... Z~ ~P ~ APPLICATION FOR PERMIT NO. DATED. ......'s.--....~....: ............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit o~ ./../.~...~..~..~..~.~....P..~ .e..6 .......... ~.~';.~.~.~ ......... ~...Y..~.~..K. ...... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PROPERTY ~.,*~ ~ ~r,~ r~ i~,o~ c~ 1. LOCATION OF THE ............................................................ ~.~.~.~....~...q..~. ............... Street Use District on Zonihg Map ./..~...~...o.. ..... ..o..~ ............... ...c~.....~.~.. ..................... Current 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 Ordi.nance,) 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 Chap. 62 Cons Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) ~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special aermit ( ) 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 (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 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 ...... ~~ ~ rl~r'~ r'q ~...~....?.,...,...~ COUNTY OF ) Signature Sworn to this .............................................. day ....................................................... 19 N~6~a ry Public LII~A & 000~_ ~. YorL~ ~ No, ;4822563, Sutjt. ~..~'/~ ~~ STRE~ VIL~GE DISTRICT~ SUB -~ -~ ~ ~ . LOT ~ ~Z~ FOYER OWNER N E ACREAGE /~0__~/ S W ~PE OF BUILDING ' LAND IMP. Form t Acre Tillable ] Tillable 2 'Tillable 3 Woodland Swampland Brushland House Plot Total TOTAL BUILDING CONDITION B£/OW :.C__O_MM:__ I IND. I Es~Mkt. Value ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD M. Bldg. Extension Extension Extension Porch Porch Foundotion ~ ,~. Both Basement ' Floors 'Ext. Wails ~,~ ,~ r interior Finish Fire Place / Heat Roof Type Kooms ]st Floor Garage Patio Rooms 2nd Floor 7/~ ' ' Driveway [~Dormer 0 P 0 BOX 909 MAfN ROAD SOUTHOLD , N.¥ 1197~ N, 8F'~ 01' 20"E LOT 15 LOT 16 LOT 14 A MEADOW LANE '( UNIMPROVED ) N.Y.S LIC. NO. 49668 CERTIFIED TO AMERICAN TI TLE INSURANCE COMC*A NY BETHPA3E FEDERAL 254 ,~ 8.00' 3600' -- SURVEY OF LOT "M/),p 0~ NASSAU FARMS FILED MAR 28 ,(935 FILE NO. AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N,Y, I000 ~04 0,5 02 SCALE t"= 30' ~ ENSINNERS P C CREDIT UNION. FRANK DAVIES DELORES DAVIES · JUNE Prepared in ~cc;;,j.~nc~ ~,;;!, ::,~ ,~l:u:imum S~ondords for title :urv=ys as ~-o*~qbli~/~ed by the L I. A.L.S. and approved ond edcpteo for ~uch use by The New York State Land TJtJe Association. 1986 nl 1179 DEPARTMENT OF PLANNIN~ Town of Southold Zoning Board of Appeals e "~'OUNTY OF SUFFOLK Michael I. LoGrande Acting County Executive 360-5206 January 30, 1987 Pursuant to the requiremenis of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Comission 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. Arthur C. Esslinger Municipal File Number(s) 3577 3578 Very 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. SAWlCKI Southold Town Board o£ Appeals MAIN RnAD- STATE ROAD 25 sr'IUTHI3LD, 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: ×× Variance from th~ Zoning Code, Article zII, Section 100-32 Variance from Determination Special Exception, Article Special Permit of Southold Town Building Inspector , Section Appeal No.: 3577 Applicant: Mr. and Mrs. Frank Davies Location of Affected Land: 2285 Pine Tree Rd., Cutchogue, NY County Tax Map Item No.: 1000- 104-3-2 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 or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to replace accessory in the north sideyard. Channel Channel shed Copies of Town file and Dated: January 22, 1987 related documents enclosed for your review. Secretary, Board of Appeals 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 RnAD- BTATIE ROAD AS Br'IUTHOLD, L.I., N.Y. ~119'71 TELEPHONE (516) 765-1809 January 20, 1987 Mr. and Mrs. Frank Davies ll3 Lone Oak Path Smithtown, NY 11787 Re: Appeal No. 3577 (Variance) Dear Mr. and Mrs. Davies: 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 Copy of Decision to Building Department Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission JUDITH T TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OFSOUTHOLD November 6, 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 3577 application of Frank and Delores Davies for a variance. Also included is Notice To Adjacent Property Owner; Notice of Disapproval from the Build- ing Department; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land-Use; and survey. Judith T. Terry :'. Southold Town Clerk fen ~3 0 (5~s) ?$5 - 5020 P 0. BOX 9O9 MAiN ROAD SOUTHOLD , N.Y. ~1971 N, 87° Ol' 20"E. po, s-/ LOT 15 LOT ~ ,-o_, / 225.45' 147. 7' ~ 16 273. 43' LOT MEADOW LANE ( UNIMPROVED ) CREDIT UNION. FRANK DAVIES DELORES DAVIES ~ ENGINNERS , CERTIFIED INSURANCE RETHPAGE 14 A 48.00' - - - 36 00' -- 254.77' TO; T; TLE COMPA N Y FEDERAL Prepared in acc~donce ~,:~ t~e minlmuJmUNE standards for title surveys as e~tabli;hed by the L.I.A. L $. and approved and adopte~ for such use by The New York State Land Title A~sociation. SURVEY OF LOT 15 "MAP OF NASSAU FARMS" FILED MAR. 28,1935 FILE NO. 1179 AT PECONIC TC, W~ OF $CUTHOLD SUFFOLK COUNTY, N.Y. iO00 - i04 - 03 O2 SCALE I"= 30' 23, 198 6 q~' 86 - 357 Southold Town Board of Appeals MAIN ROAD- -~TATE ROAD 25 SOUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 APPEALS BOARD December 11, 1986 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR[GONIS, JR. SERGE DOYEN, JR. S .E · Q. R.A.,. ROBERT 3. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3577 PROJECT NAME: FRANK AND DELORES DAVIES 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: ~eplace accessory shed in the north side- yard area. LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more particularly known as: 2285 Pine Tree Road, Cutchogue, NY 104-03-02 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. 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 BOARD OF A~PEALS at the Southold Town Hall, Main Road, Southotd, NY at a Regular Meeting on Thursday, December 11, 1986, commenc- ing at the following times: 7:35 p.m. Appeal No. 3216- to the Zoning Ordinance, Arti- 6lc III, Section 100-30(A) [1] for permission to establish second dwelling unit upon 9.8+ acre parcel over existing horse stabl~ Location of Property: South Side of Sound Avenue, Mat- tituck, NY; Lot No. 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+ F~res)' 7:40 p.m. Appeal No. 3577-~ RANK AND DELORES ~ Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-32 for permission to ~place accessory shed in the north sideyard area at 2285 Pine I ~ Road, Cutchngue, NY; Lot t No. 15, Map of Nassau Farn~ ~ f'ded March 28, 1935; County Lo Tax Map Parcel N% ~ 1000-104-3-2. '~ 7:45 p.m. Appeal No. 357~- ARTHUR ESSLINGER. Variance to the Zoning dinance, 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 Eltate~ County 'llkx Map Parcel No. 100066-3-11. 7:50 p.m. Appeal No. 3579- CHARLES AND SANDRA BLAKE. Variance for Approval of Access pursuant to New York Town Law, Section 280-a from the east side of South Harbor Lane along OldWodds Path~ (Private Road No, 10), to premises known and referred to as 695 Old Woods Path, Southnid, NY; County ~ Map Parcel No. 1000-8%1-23.7. 7:55 p.m. Appeal No. 3580- NICHOLAS BABALIS. Yar~ance to the Zoning dinance, Article ~ Ill, Section/> 100-31 for permission to con-;~ struct new dwelling with insuf- ficieut northerly side yard and insufficient total sideyards at 3360 Rocky Point Road, East Marion, NY; County Tax Map Parcel No. 1000-21-04-09. 8:00 p.m. Appeal No. 3572- MICHAEL AND JOYCE MATTES. S~cial Exception- Bed and Breakfast (recessed from 11/20/86) 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 set- backs upon foundation as exists at 5 and 12 feet, rather than 7 and 12 feet, at 330 Knoll Circlc,~° East Marion, NY; "Map of Sec- ton ~ Gardiners Bay Estates~' Subdivision Lots 27 and part of 28; County Tax Map District, 1000, Section 37, Block 5, Lotl2 8:15 p.m. Appeal No. 3552- JOHN SENKO. Variance for shopping center usc in this B-1 General Business Zone with 30,084 sq. ft. of lot area (recess- ed from 11/20/86). 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. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- ~, marion, 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 ~ iT.12/4/86(49) i-, 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 ......... / ............ d~y~..-.~.'......: ..... ,19.:... Swo~n to before me this ..................... clay of ...... ,/~ .-?'..~Y:.~-'~ ...... 1 9 ..... Notary Public Expirea ~r <~ ~ 19 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 2( of the Town Law and the Code o, the Town ofseuthold, the follow- lug public hearings will be held by ~hc SOUTHOLD TOWN BOARD OF APPEALS at the Seuthuld Tuwr~Balk Mair~Road,. 'Soht'hbrd~ NY hf ~i Righhi' Me~t: ' lng on Decl 11, 1986, commenc- ing at the following times: 7:35 p.m. Appeal No. 3216 - EUGENE DAVISON. Vari- ance to the Zoning Ordinance, Article III, Section 100-30IAI[Ii for permission to establish sec- ond 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 o~ Strawberry Fields. which received ~keteh Plan approval July 8, 1985 by the Town Planning Board; County Tax Map Parcel No. 1000-121-3-5 {containing 12.65 f7:40 p.m. Appeal No. 3577 FRANK AND DELORES DAVIES. Variance to the Zon- ing Ordinance, Article Ill, Se- t on 100-32 for permission to place accessory shed in the north ! sideyard area at 2285 Pine Tree Read, Cutchogue. NY; LOt #15, Map of Nassau Farms filed March 28, 1935; County Tax Map Parcel No. 1000-104-3-2. 7;45 p.m. Appeal No. 3578-~ ARTHUR ESSLINGER. Vari- ance to the Zoning Ordinance, Article Xl, Sectim~ 100-119.2 for storage shed within 75 feet of 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 - CHARLES AND SANDRA BLAKE. Variance for Approval of Access pursuant to New York Town Law. Section 280-a from the east side of South Harbor Lane along Old Woods Path (Pti- vate Road #10L to premises known and reibrred to as 695 Old Weeds Path, Southold. NY; County Tax Map Parcel No. 1000-87-1-23.7. 7:55 p.m. Appeal No. 3580 - NICHOLAS BABAHS. Vari- STATEOFNEWYORK ) ! SS: COUNTY OF SUFFOLK ) Carol Sgarlata of Greenpoi said County, being duly sworn, says that ho/e Principal Clerk of THE SUFFOLK TIMES, e Wt Newspaper, published at Greenport, in the T of Southold, County of Suffolk and State of York, and that the Notice of which the annex a printed copy, has been regularly publish- said Newspaper once each week for ~ weeks successively, commencing on the dayof Dec 19 86 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 set- backs upon limndation as exists at 5 and 12 feet, rather than 7 and 12 feet, at 330 Knoll Circle, East Marion, NY; "Map of Sec ~ tion Two, Gardiners Bay Es- tates,'' Subdivision Lots 27 and part of 28; County '['ax Map Dis- trict 1000, Section 37, Bh)ck 5, Lot 12. 8:15 p.m Appeal No 3552 JOHN SENKO- Variance Ii)r shopptng center use in this B-I General Business Zone with 30,084 sq. I/ oilot area tr{.cessed/ from 11/20,'861 The Board et Appeals wdl hear at said time and piece all persons or representatives desir- ing to be heard in each el' the above hearings. Written eom- ments may also be submitted subject hearing. For more infor- mation, please call 765- 1809. Dated: November 20, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linde Kowalski, Board of Secretary Principa~ Clerk bo~n/~_ this 1~ MA~f K. DE Term Expires Febr~ APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RDAD- E~TATE RDAD 25, SDUTHr'ILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 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 tr~ulv_~,, ., ~ G'ERARD P. GOEHR~NGER ~ CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. :, ................... Name of Appellant Street and Nu~lbe~ ._.~..;~d,,i.'~..~..~.~L ........................................................... /.~....~.;..~..~.IT..t~.....HEREBY APPEAL TO Municipality ~tote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..C)~..~. ............. ~ ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ...... Name of Applicant for permit of ....... ....... .................... Street and Number Municipality State / ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... '.~...~...~...~...,.,...~.../~,,~i.,~.,...{.,~,.¢:,,~,.,,t~,,,c~,.,,~. ........ ~...~. c~/'cl Street Use District on Zoning Map ../ ............................................................................. Cu~ren~ Owner/~r-an 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 mode herewith for ( i/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. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)O 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 o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (t~A Variance to the Zoning Ordinance ( ) is requested for the reason that ~or~ 3~! (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 UNIQUE and is not shared by ail 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 .Th STATE OF NEW YORK ) ~ ~ COUNTY OF ~ll~t~)L'lC' ) Signature ............... G..~.. ........................ of ......... ~..~ 19'~ Sworn to this day .......................... Notary Publl~, State of New Yoft~47/ No. 4822563, SuffC~ Cou ~ntY ~'~ Term Expires December 31,1~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petitierr.of.~ : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~_LL.L~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~ (Special Exception) (Special Permit) (Other) [circle choice] ). That the property which is the sul~ject of the Petition is located adiacent to ygur,4~roperty and is des- cribed as follows: o~.o77-~'~.'~ ~'"<'~' ~ ~"O'e~aa'~ i 3. That the property which is the subject of such Peri,on is~ocated in the following zor~pg district: r~ 4. That by such Petition, the undersigned will request the following relief: - ' ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Art~L¢le ~ Section /O~C) ~,.~,~ [ ] 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. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such 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: Petitioner Owner s ' Name s: ~.xa,-~ .~ Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ (~-~ , residing at//3 ~= ;~_®~x~ K~%Q,~ ~ I~, L~ , being duly sworn, deposes and says that on the ~ day of V--.~~ , 1 9 ~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current 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 (certified) (registered) mail. Sworn lo before me this ~ day of ~ , 19 ' Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ~..~ ~.'...~.~ .7.~,....e,4.. ............ ·...~..c.~..~....,o..~.,.. ! t'~ ~ .~'q. ..... PLEASE TAKE NOTICE that your application dated ...(~..~....~......~..~ ........ 19 .~ .~o. for permit to construct... O~.....O,..c. ~.. ~ . .~x...~ ...................at Location of Property., .... : ......... ./-,~.~.....~...~-~-... ...... · ............ ~ .-a, ............ r~ouse lye. Street t Ham/et County Tax Map No. 1000 Section . .'. J .9.~ ...... Block ..... ~ .~ ..... Eot .. Q ..z~-. ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved,on tile following grounds .~..'.r~. Building Inspector RV l/E0 SHORT ENVIRONMENTAL ASSESSMENT FORM .INSTRUCTIONS: (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 ccmpleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is no.~% significant. (d) ~nvironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? . · · · · · · · · · · · 2. Will there be a major change to any unique or unusual land form found on the site? · · · · 3. Will project alter or have a large effect on an existing body of water? · · · · · · · · · · g. Will project have a potentially large lmpac~ on groundwmter quality? . . · · · · · · · · · 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered 7. Will project result in a major adverse effect On air quality? · · . o · . · · · · · · Will project have a major effect on visual Char- acter of the community or scenic views or vistas known to be important to the community? 9. Will project adversely impact any site or struct- ure of historic~ pre-historic, or paleon%ological 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? · · · ll. 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 dis%brb- 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 %he community or neighborhood?.. 15. Is there public controversy concerning the project? REPRESENTING: Yes ~Z/No Yes /No Yes ~No Yes ~No Yes /No Yes ~No Yes ~No Yes /No Yes__/No Yes ~/~No Yes ,, Yes /No Yes Yes DATg: //- ~- ~'~-~ To: (Today's Date; ~ $outho!d Town Board of Appeals Main Road Southold, NY 11971 AeDeal Application of L~ation of Property: 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! subjec~ property i,n the within appeal application: (plea-.,_, check one box) ' [ ] May be located within 300 feet of tidal wetlands however, constr~cted along the water-lying! edco of this propeuty '~. · ~ a bulkhead 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-lyin? edge of thi~ property is a bul.'.:head in need of (m_..o_) (major) repairs, and apprDximate!v feet in length. - [ ] May be located within 300 feet of tidal wetlands; however, constr%~cted along the %';ater-lying edge of this property is a bulkhead less than 100 feet in length. ' [/] Is not located within 300 feet of tidal Wetlands to tho best of my knowledge [Starred nd~cate your ?-'operty doe~ not appear to fall within the jurisdiction of the N.y.s. D.E.C. Sincerely yours, May be located ,. '~ · . .. · ;~hln 300 feet of tlda! wetlands: and there is no bulkhead or cc.% ..... wall exis~_.n 'on the premises. NOTE: If proposed project falls ~it'h/n D.E.C. jurisdi'ction approval must be received and suhm'~J- · · l~.ed to our office befo£o YOur a.~plication can be scheduled for a public hca~.'i:3g.