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HomeMy WebLinkAbout3559Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, I-.I,, N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3559 Application Dated September ]7, ]986 TO: Mr. Jerry L. H0rt0n ~k_~.~m,.~.~~ · . ~[Appellant(s)] as Builder/Agent for L. VANODDENAI~,'"~,'~,'4,---~--~ 600 Eastward Court Mattituck, NY 11952 0ct0ber 10, 1986 At a Meeting of the Zoning Board of Appeals held on 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 Zoninq Ordinance Article III , Section 100-31, ~ulk Schedule [ ] Request for Application of LEONARDUS AND MARIE VANODDENALLEN for a Variance to the Zoning Ordinance, Article III, Section 100-31 ~or permission to construct addition to dwelling with an insufficient frontyard setback, at 230 Sailor's Lane, Cutchogue, NY; District 1000, Section 111, Block 14, Lot 07. WHEREAS, a public hearing was held and concluded on October 2, 1986 in the Matter of the Application of LEONARDUS AND MARIE VANOUDENALLEN under Appeal No. 3559; 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. The premises in question is a described parcel located along the north side of Sailors Lane, Cutchogue, and is more particularly shown and identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 14, Lot 7. 2. The subject premises contains a lot area of approximately .65 of an acre, and is improved with a single-family, two-story frame dwelling, which was constructed 1/23/67 under Building Permit #3365Z. The existing dwelling is set back 35 feet from the front property line along Sailors Lane, 12 fe6t from the easterly side yard, 100 feet from the westerly side yard, and 104 feet from the rear property line (at its closest points). 3. By this application, appellants request a variance from Column "A" of the Zoning Code Bulk Schedule for the proposed construction of a 28+ ft. deep by 42'10" wide dwelling addition which would leave an insufficient setback from the arc of a (CONTINUED ON PAGE TWO) DATED: October Fo~n~ ZB4 (rev. lO, 1986- 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3559 Matter of LEONARDUS & MARIE VANOUDENALLEN Decision Rendered Friday, October 10, 1986 cul-de-sac at 28'9" at its closest point and 32'2" at the south- westerly corner of the proposed addition. 4. Article III, Section lO0-31, Column "A" of the Bulk Schedule requires a minimum frontyard setback at 35 feet. The relief requested is 6'4", or a percentage of 20% of the requirements. 5. The angle of the character. proposed addition will be in line with the existing dwelling and will not protrude or be of unusual In considering this appeal, the board also finds and determines: (a) the configuration of the lot lends to the unique circumstances of this application; (b) the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, wel- fare, comfort, convenience, order of the town; (c) the practical difficulties are sufficient; (d) there will be no substantial detriment to adjoining properties; (e) the relief requested is not substantial; (f) in view of the manner in which the difficulties arose and in considering the above factors, the interests of justice will be served by granting the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3559 in the Matter of the Application of LEONARDUS AND MARIE VANOUDENALLEN for an insufficient frontyard setback at not less than 28 feet as shown by survey amended September 16, 1986, prepared by Roderick VanTuyl, P.C., BE AND HEREBY IS APPROVED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent due to illness.) This resolution was duly adopted. lk October 13, 1986 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLEP~ DATE/m /~-~ HOUR ~'°~r~ Town Clerk, Town of $outhold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, ~9~tho!d,.NY at a Regu!ac Meeting commencing at 7:30 p.m. on'T'HURSDAY.~ OCTO_BER'2,1 1'986 and as follows: 7:35 p.m. App6al No. 3559 - LEONARDUS AND MARIE VANOUDEN- ALLEN. Variance to the Zoning Or. dinance~: Article Ii~, Section 100-31 for permission to construct addition to :dweiiiiing with an insufficient frontyard setback, 'at 230 Sailor's La~e, Cutchogue, NY; District 1000~ Section III, Block 1-4~ Lot 07. 7:40 p.m. Appeal No. 3555, SHIRLEY HOMAN. Variance to the Zoning Ordinance., A~ticle III,- Section 100~31 for permission to construct addition to dwelling with an insufficient rearyard setback, at 160 Smith Drive, Peconi~, NY; District 1000, Section 98, Block 3, Lot 38.- 7:45 p.m. Appeal No. 3554 - NORMAN?AND KAREN REICH. Variance to the Zoning Ordinance, Article III, Section 100'31 for permission to construct dwelling with an insufficieht rear- yard setback, at 1809 Right-of-Way off the East Side of Point Road, East Marion, NY; District 1000, Section 31, Part of Lot 10; Kimon and Retzos Minor Subdivision #81, 7:50 p.m. Appeal No. 3547 JOSEPH AND CATHERINE RIEMER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insuffici-ent lot area, width and depth of two parcels ~now~ 6nd referred to as Lots #96, 97, 98 and half of 99 at Peconic Bay Estates, Map #1124, and identified on the County Tax Maps as District 1000, Section 53, Block 4, Lot 32. Rocky Block 3, Lot #2. 7:55 p.m. Appeal No. 3503 GEORGE D. DAMIEN. Variance requesting confirmation of Building Inspector's actions and prior Z.B.A. Decision Rendered under Appeal No. 949 of 9/1/66, recognizing two separate building lots, having insufficient area, width and depth as required by Article III, Section 100-31, Bulk Schedulg of the Zoning Code. Location of Property: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. Z Page 2 - Notice of Hearings Regular Meeting October 2, 1986 Southold Town Board of Appeal-s 8:00 p.m. Appeal No. 3484 PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to construct addition at rear of dwelling with an insufficient setback from wetlands along Great Pond, at 7455 Soundview Avenue, SOuthold, 'NY; County Tax Map District lO00~ Section 59, Block 6, Lot-8. 8:05 p.m. Appeal No.'3552 ~'JOHN SENKO. Variance to the Zoning Ordinance, Article VII, Section iOOz70, and Article VI, Section 100-62(B), for-permission to establish shopping center use in this "B-1~' Gener-al Business Zoning District with insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane), Southold, NY; County Tax Map District I000, Section 70~ Block 07, Lot 01, containing 30~084± sq. ft. 8:10 p.m. Appeal No. 3553 - EUGENE BOZZO. Variances to the Zoning Ordinance, Arti~tes: (1) XI, Section 100-119.2 for permission to construct dwelling with an insufficient setback from wetlands/tidal water along Great Peconic Bay; (2) III~ Section 100-32 to relocate accessory garage buil. ding in the frontyard area; (3) III, Section 100'31~ Bulk Schedule, to construct with lot coverage of all structures in excess of maximum-permitted 20 percent.. Location of Property: South Side of Camp Mineola Road, Mattituck; County Tax Map District lO00, Section 123,.81ock 6, Lot 27. 8:15 p.m. Appeal No. 3557 ROBERT EGAN. Variances to the Zoning Ordinance~ Articles:. (1) III, Section 100-31 to reconstruct dwelling with insufficient total sideyards, insufficient (northwesterly) side yard, and insufficient front-yard; (2) XI, Section 100-119.2(B) fpr permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond,'Orient Harbor. Location of Property: 330 Knoll Circle, East Marion, NY~ 'JMap of Section Two~ Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. · Page 3 - Notice of Hearings Regular Meeting October 2, 1986 Southold Town Board of Appeals 8:25 p.m, Appl. No. 3487-SE - CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to construct and establish House of Worship with related religious activities on a five-acre tract of land referred to as Lot #3, Minor Subdivision of Salvatore Catapano., which received Sketch-Plan Approval 4/14/86 by the Town-Planning Board. Location of Property: West Side of Main Bayview Road, Southold, NY; County Tax Map District t000, Section 69~ Block 6, Part of Lots 8 and 2. (Current Owners: S. and J. Catapano). 8:45 p.m. Appeal No. 3560 EDMUND AND JOAN PRESSLER. ~ppeal from Building Inspector Notice of Disapproval dated 1/2/86 and ZBA Action #3463 dated 5/6/86, and Variance to the Zoning Ordinance, Article VII, Section t00-71, Bulk Schedule and Article VII, Section lO0-70(A)[l](d) for permission-to estab- lish a second retail/business use in conjunction with existing nonconforming two-family dwelling and antique-sales business use on this parcel of 68,912 sq. ft. in area and 95.44 ft. lot width. Location of Property: "B-I" General Business Zoning District, North Side of Main Road, Southold, NY~ County Tax Map Parcel No. 1000-63-3-26. The Board of Appeals will hear at said time and place at persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: September ll, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowa]ski, Board Secretary ATTENTION NEWSPAPERS: P. leas.e publish. THURSDAY, SEPTEMBER 25, 1986 and forward ll affidavits of publication On or before Sept. 30th to: Board of Appeals, Main Road, Southold, NY 11971. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTltOLD, N.Y. NOTICE OF DISAPPROVAL Ti ~,..¢.~..,..~.~.~..~...~. ...~ ~2ii,~ ................~" ~x..~.qY.~. ...................... County T~ Map No. 1000 Section ... ~ ([ ........ Block .... g ~ ....... Lot .. ~.~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproveh~m~ the following grounds .(~:e~..'~ .~[~.k .a~. ~..~ .~.:..3..~& .... ~.: .......................... ....... ..... ~ .... BuiI~ding Inspector R~ 1/80 tOWN OF $OUTHOLD, NEW YORK'- ' ': ' ~'~;' '~ :: ' -'-~''· APPEAL FROM DECISION OF BUILpING INSPECTOR APPEAL Np. TO. THE ZONING BOARD OF AP~, TOWN OF S~THOLD, N. Y. ~, ~w~ ............. , ...... .~ .... ~ .............. - of . ~...~./~......~.~r~.~..~ ........ Name of Ap~ll~t Street a~ Number ~ ~.~..~ ~ ....................................................... Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B.)JIL~DING INSPECTOR ON ^PaL o,* ON ¢ N° ;:. ;DATED ' WHEREBY THE BUILDING INSPECTOR DEN ED TO .............. .~.~.~ ......... .~.£...~ .......... .Q.2......~.,Q~P. tO . Name of Applicant for permit of ............................... ~ ............. ................. : y'"': .............. ~...$ ............................ Street a~ Number Mun~c~pah~ - Stat[~' PERMIT TO USE PER~,T FOR ~CUPANC¥ 1. LOCATION OF THE PROPERTY ......... ,.....'x.~:~.....,,~......~.,)~.,: ............... Street Use District on Zonin9' Map tt I, ~ i ~ --...Z ...... :~ ................... Current 0~ner.~t~i~ Map No. Lot No, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) .'~ 3. TYPE OF APPEAL Appeal is-made herewith for ( ~ A VARIANCE to the Zon~g Ordinance or Zoning Mop (-) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 4.. PREVIOUS APPEAL A previous appeal (~rd (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance ~' and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection ~' A Variance to the Zonin§ Ordinance ) requested for the reason that .-;;,~ ~ (Continue on other side) REASON FOR APPEAL -~ Continued sorv HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- -w-o '~- -~ c~ "- ~ The hardship created is UNIQUE and is not shored Dy oil properties dike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance ana WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn ta this ...................... /....~.. ................ day of .............. ~ ......................... 19 ~.~ Notary Publ ,c OF $OUTHOLD P~OPERTY RI~CORD CARD ~ ~ TOW~ /~ ~ ~ ~///_~_~/- ? OWNER FORMER OWNER AGE NEW SEAS. IMP, NORMAL VL. .TOTAL Tillable Waodland DATE BUILDING CONDITION BELOW ABOVE FARM Acre Value Per Value Acre Meadowland House Plot FRONTAGE ON WATER FRONTAGE ON ROAD DOCK COLOR TRIM F~ension ~tension Extension po~h Porch Breezeway Garage Pafio O.B. Total Foundation Basement Ext. Walls Fire Place Type Roof !Recreation Room I (~' ~' - Bath Floors Inferior' Fihish Heat Rooms Ist Floor ~ 2nd Floor Driveway ~THOLD TOWN BOARD OF APPE~ MATTER OF LEONARDUS AND MARIE VANOUDENALLEN THURSDAY, OCTOBER 2, 1986 PUBLIC HEARING 7:35 p.m. Appeal No. 3559 - Public Hearing commenced in the Matter of LEONARDUS AND MARIE VANOUDENALLEN. Addition to dwel- ling with an insufficient frontyard setback. 230 Sailors Lane, Cutchogue. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: First hearing for the evening is Appeal num- ber 3559, Leonardus and Marie Vanoudenallen. The application reads as follows: I have a copy of the survey amended September 16, 1986 indicating a proposed addition 32 feet 2 inches from Sailors Lane and I will ask the builder how big the addition is. And I have a copy of the Suffolk County tax map indicating this and surrounding properties in the area. Mr. Horton would you like to be heard? MR. HORTON: The addition is 42.6 to the (I don't in which direc- tion) eastwest. MR. GOEHRINGER: And how deep is it? Do you recollect? MR. HORTON: I don't remember that. CHAIRMAN GOEHRINGER: Is there anything else you'd like to say be- fore you sit down? Is this a two-story addition or one-story? MR. HORTON: One-story. CHAIRMAN GOEHRINGER: Ok. And it's not a deck or anything major. It's a natural addition to the house and added square footage to the dwelling itself. MR. HORTON: Yes. It's a natural addition. The purpose they want to do it for is; on the basis of a sunroom. They suppose as they get elderly, they would have a bedroom on the lower floor and with- out going upstairs. CHAIRMAN GOEHRINGER: Right. Is there availability to get to the rear yard on the east side of the property where you have that 12 feet? You talk about a large lawn in the back. If they have to get around, can they get around the back? MR. HORTON: Yes. CHAIRMAN GOEHRINGER: They can. Ok. Alright. Thank you very much. Is there anybody else who would like to be heard on behalf of this application? In favor of it? Anybody like to speak against it? Questions from Board members? Hearing no further questions, I make a motion to close the hearing reserving the decision until later. Ail in favor - aye. Page 2 - October 2, 1986 Public Haaring of Leonardus and Marie Vanodenallen Southold Town Board of Appeals Transcribed from cassette tapes Nadia Moore 10/21/86 recorded during the hearing. Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. }3973 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 13, 1986 Mr. Jerry L. Horton 600 Eastward Court Mattituck, NY 11952 Re: Appeal No. 3559 L. VanOudenallen (Variance) Dear Jerry: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. -~ If you have any questions, either our office (765-1809 or (765-1802). please do not hesitate to cal) that of the building inspector Yours very truly, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER y~IRMAN Linda Secretary Southold Town Board of Appeals MAIN Rr'IAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 2, 1986 GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S · ~. · O . lq . a . ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3559 PROJECT NAME: LEONARDUS AND MARIE VANOUDENALLEN 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: Kdditio.n to dwelling with an insufficient frontyard setback. 230 Sailors Lane, Cutchogue. LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more particularly known as: 230 Sailors Lane, C-utchogue, NY. 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. 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 OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of theTown Law and the ~ by the fiOUTHOLD TOWN BOARD OF AP- PEALS at the Southold Town Hall; Main Road; Southold, NY at a Regular Meeting com- mencing at 7:30 p.m. on THURSDAY, OCTOBER 2, 1986 and as follows: '~ 7:35 p.m. Apl~eal No%'. 3559-LEONARDUS AND MARIE VANOUDEN- ALLEN. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31 for permission to construct addition to dwelIing with an insufficient frontyard setback, at 230 Sailor's Lane, Cutchogue, N.Y.; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m. Appeal No. 3555-SHIRLEY HOMAN. Variance to the Zoning Or- dinance, Article Ill, Section 100-31 for permission to con- struct addition to dwelling with an insufficient rem3'ard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98; Block 3, Lot 38. 7:45 p.m. Appeal No. 3554-NORMAN AND KAREN REICH. Varian~ to the Zoning Ordinance, Am"Cle III, Section 100-31 for permission to con- struct dwelling with an insuffi- cient rear yard setback, at 1809 Rigllt~of~Way off the East Side ~q ~o~t,~oi~i Road, East fi0tl~l~l~l~ck 3; part of Lot 10; Kimon and Retzos Minor Sub- division No. 81, Lot No. 2. 7:50 p.m. Appeal No. 3547-JOSEPh AND CATHERINE RIEMER. Variance to the Zoning Or- dinance, Article 111, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area, width and depth of two parcels known and referred to as Lots No. 96, 97, 98 and half of 99 at Pecouic Bay Estates, Map No. 1124, and identified on the County Tax Maps as District 1000, Section.53, Block 4, Lot 32.. 7:55 p.m. Appeal No. 3503-GEORGE D. DAMIEN. Variance requesting confirma- tion of Building Inspector's ac- tions and prior Z.B.A. Decision Rendered underAppealNo. 94~ of 9/1/66; recognizing two/' separate building lots, having insufficient area, width and depth as required by Article I11, Section 100-31, Bulk Scheduling of Zoning Code· Location of Property: Corners of Jackson, ]Fifth and M~in~treets_ New COUNTY OF SUFFOLK $$: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................. ./. ....... weeks successively, commencing on the ........ y.?)~.~.~ ....... · : .... ~.~: .., 19 . .~.~. Sworn to before me this . e-~O'- ~ .................... day of 9./d Notary Public BARBARA FORBES iNotary i-'~b;~c, State of New York No. 4~OG8 ~6 Qual;fi~d in Suffolk County Commission Exp res ~-.~.~ ~'/ 19a~ The Suffolk Times/Sept., 1986/Parle ·tpp ,~--ea' No. 3559 -~¥ struct dwelling with insufficient 7:35 p.m. LEONARDUS AND MARIE ~ VANOUDENALLEN. Vari- ~ ance to the Zoning Ordinance, ~ Article Ili, Section 100-31 for permission to construct addition ~ to dwelling with an insufficient frontyard setback, at 230 Sailor's Lane, Cutchogue, NY; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m. Appeal No. 3555 - SHIRLEY HOMAN. Variance to the Zoning Ordinance, Article IlL Section 100-31 for permis- sion to construct addition to dwelling with an insufficient rea,'yard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98, Block 3, Lot 38. 7:45 p.m. Appeal No. 3554 - NORMAN AND KAREN REICH. Variance to the Zoning Ordinance, Article IlL Section 100-3l for permission to con- struct dwelling with an insuffi- cient rearyard setback, at 1809 Eight-of-Way offthe East Side of Rocky Point Road, East Marion, NY; District 1000, Section 3l, Block 3, Part of Lot 10; Rimon and Retsos Minor Subdivision #81, Lot #2. 7:50 p.m. Appeal No. 3547 - JOSEPH AND CATHERINE GEORGE D. DAMIEN. Vari- under Appeal No. 949 of 9/1/66, quired by Article III, Section Zoning Code. Location of Prop- and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. PHILIP AND ELLEN BEL- ..~[~ L~4)-IO,~ ~nd &rticle Vt, ~.~ ~lOn t~establis~ shopping center total sideyards, insufficient (northwesterlyl side yard, and insufficient front yard; (2) XI, Section 100-119.2tB) for petrols- sion to construct addition and re- construct dwelling within 75 feet of tidal wetlands along Spring Pond, Orient Harbor. Lo- cation of Property: 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. 8:25 p.m. Appl. No, 3487-SE - CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance, Article 111, Section 100-301B)121 for permis- sion to construct and establish House of Worship with related religious activities on a five-acre tract of land referred to as Lot #3, Minor Subdivision of Salvo- tore Catapano, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of property: West Side of Main Bayview Road, South- old, NY; County Tax Map Dis- trict 1000, Section 69, Block 5, Part of Lots 8 and 2. (Current Owners: S. and J. Catapano). 8'45 o.m. Appeal No. 3560 - SLER. Appeal from Building In- spector Notice of Disapproval dated l/2/86 and ZBA Action #3463 dated 5/6/86, and Vari- ance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VII, Sec- tion 100-70(Al/Il(d) for permis- sion to establish a second retail/ business use in conjunction with existing nonconforming two- family dwelling and antique- sales business use on this parcel of 68,912 sq, ft. in area and 95.44 f~. lot width. Location of Prop- erty: "B~I" General Business Zoning District, North Side of Main Road, Seuthold, NY; Connty Tax Map Parcel No. 1000-63-3-26. The Board of Appeals will hear at said time and place all lng to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- motion, please call 765-1809. Dated: September 11,'1986. · BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Eat-hpr~n~ R~c~ar~-huk ofGroonport, in said County, being duly sworn, says that he/she ia 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 copy, has been regularly published In said Newspaper once each week for ! weeks successively, commencing on the 25 dayof September 19__8_6 Principal Clerk Sworn to befg~r~ NffiA~ PUB, Su~lk Term Expires Notice of Hearings of 10/2/86 Mailing List Copies 9/23/86 to: Mr. Jerry Horton, Box 1442, Mattituck 11952 Mrs. M. VanOudenallen, 230 Sailors Lane, Cutchogue 11935 Environment East Inc., 3075 Indian Neck Lane, Peconic 11958 Mrs. S. Homan, 160 Smith Drive, Peconic 11958 Mr. and Mrs. Norman Reich, 296 West Front St, Greenport 11944 Mr. and Mrs. J. Riemer, Box 640, BayShore Road, Greenport 11944 Mr. George D. Damien, P.O. Box 626, New Suffolk, NY 11956 Mrs. Noel P. Birkby, Architect, 155 West 19th St, NY, NY lOOll Mr. and Mrs. Philip Bellomo, 25 Joyce Road, Plainview, NY 11803 Mr. Garrett A. Strang, Architect, Main Road, Southold, NY 11971 for Egan, Bozzo and Senko Paul A. Caminiti, Esq., 54075 Main Road, Southold, NY Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935 Re: Church of Open Door 11971 Gary Flanner Olsen, Esq., Box 706, Main Road, Cutchogue, NY 11935 Mr. and Mrs. Edmund Pressler, 66025Main Road, Southold, NY 11971 JUl)lTl! T TERRY TOWN CLI. RK REGIfiTR^R OF VITAL STATISTICS OFFICE OFTHE TOWN CLERK TOWN OFSOUTHOLD September 17, 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. 3559 application of Gerr7 Horton for a variance. Also included is Notice to Adjacent Property Owners; survey; NOtice of Disapproval from the Building Department; Short Environmental Assessment Form; and letter relative to NYS Tidal Wetlands Land-Use. Judith T. Terry Southold Town Clerk OF' ,:-.~u"r M © ~,. c), l'-.,J.Y, N ";:'.,",:':' mission of tI refill, and 811 Cil'/JrOlllll[~ reviuw wlJl .... '"" .- mhdo by this~oard before any aCtlOri j ell. .'4,.~,' .," '~, . . ' " ... '. . . . .' ' . ,-.. ,;~:~ : ~ ,. ~ ~ ~ ,, ~ - .., ~., . .}.~,'~ .~. 2 .,:.~.~,~.. ~'. ,,..; .... u ." ": ......... , . ,, ~. ,, (c) Jf all que~tion= have been an3wero~ No t~ i3 1 ~o v ~ - · '. ' .[...i.:' . .--}..ji,..it,, .,,... 1, W~i project reset In a lar~ie physical c~n~: : .- -:."[4. .~.~:..t~",'?" '.''.. to the proJoct 5lto or ~ 7:1 ally altar act-' ' '* '~::: .' ' ' ' }* W~i proJec~ alter or Mw~ a larg~ ,,rroc~ W~% prozac% h~vo o potontl~!iy largo knpaco On ~o,~dwatog quality? - · · ' · · W~I project ~J~iflcmnti7 effect drai~ago 6, Will project effect any th~'catencd or enda plant or anLr.~l 3pe¢lc~? .... , , · Yc~ ~ ' 7. 'd~l project re~t In a major ~m':or:m ~ffcct on W~i project have a ~Jor effect cn visual cr, a~ ..'.' .',~. ...,.. kno~ to bo ~portan~ to tho co~.~un~t7? · · · ~-- Ye~ ~ No .... :..~. ~,'f enviro~en~l area by a local naoncT? ' ' ' .. Yo:s ~To '' 10. W~i project have a ~Jor o~rocc cn 11, Will proJec: result ln'lr.i.ior tr'~rr!c 12. Will project reg~arl7 caune obiectionabl,~ , - Will projec~ have any i,~pac: on public health ~afet7" * ..... * ' ' , , * Ye~ ~;j l&. Will projec~ Affect lbo ex~qt~n~ co~n,mlt7 To: Southo!d Town Board of Appeals blain Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: . .In reference to the New York State Tidal Wetlands Land-us Regulations, 6 NYCRR, Part 661, and Article 25 of the l;ew York State. Environmental Conservation Law, please be advised thag subject pro~erty iQ the wi'-' ; . ~n~n appeal ap: (pl,.a~e ch,~ck cmo. box) [ ] .~My be located within 300 feet of tidal wetlands howe. vet, constructed along the water-lying edco of this propek'ty is a bulkhead in very good conditicn and at lu_~t 100 fees in ~length. [ ] May b'e 'located within 300 feet of tidal wetlands however, constructed a!cng the wa~e-r-lyinc edge of this property is a bulkhead In need of (major) reoairs, and appr~:,ima~e!v feet in length. ~ -- [ ] May be located within 300 feet of tidal wetlands; however, constrl~cted along the water-lying edge of this property is a bulkhead less than 100 feet in length. nat appear to May be located within 300 feet of ' " · tlda! wetlands; and there is no bulkhead or -~ .... ~ · . cc.1 .... u wall exis~i. on the premises. ' n Is not located within 300 feet of tidal wetlanda to the best of my knowledge.* [:]tarred items (*) indicate your ~uODert,/ doe~ fall within the 3urisdiction of the N.y.s' D.E.C. Sincerely yours, ~O~_. If proposed pro'~,c~ approval must be your application -£ ; - ''~ p.easc;' falls wit'iuin D.E.C. jurisdiction, received and suL;mit~6d to our office before can be .~che~uled fo£ a 9ublic hearing. RECEIVED TOWN OF SOUTHOLD, NEW YORK A ~ FROM DECISION OF BUILDING INSPECTOR Tn~n Ci~rk Sodthold TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL N .~ ~"o--~ DATE .. ,C..~',~,J, :~,~,...~.,,. ......... Nbme of Appellant Street and Number ./.~.~.,.....,...:....~.~ ....... ~ ............................................................................ HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B/UlL/DING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....//...'.:./...?.:.~.. ............................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ~ .~...~.i .~.:.g....~... ........... ;,..;.~.X.~ ).~ ............... .(.~ ~ ~; ~:.~ .OE,?. ~. ..... ~..). :..'.~., ................... Street and Number Municipalit~ ~ State~ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ............... ~.~....~..~..?..~.. .................. ~.! .................... Street Use District on Zoning Map ........ !.....! .............. ) ............................... ~r. ................... Curren~ 0whet ? t~r~ Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (J/) 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 not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that ~orm ~.~! (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 ~, ~lx'q~ CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ~,' ,, .#. ) ss ~--~ ....... COUNTY OFFS' .--~ (~/. ~-- I/ Sworn ?~his ........ /~. .............................. da~ of~ ..... /. ( 1/ Notary Public NOTARY PUBUC, STATE OF NEW YORK N~ 62~661~6 OUALIFIED COMM/SSION EXPIRES ~ARCH 30, 19 ~ S~gnature I~ARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of 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~ (Special Exception) (Special Permit) (Other) [¢±r¢.1e 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~l~t'~ I~.~ L) \%\ ~2~--C~3<:~ I ~ ~-~)'"(- ~::)~'J That the prope~,y.~w.h~ch is the subject of such Petition is located in the following zoning district: 4. lhat by such Pennon the undersigned wdl request the following rebel: ~ ,~ '. &_ r&.~ 5. That the proyis~_igo~of the Southold Town Zoning Code_applicable to the relief sought by the under- signed are Article '_~__ S~:::~ic~'. [OO ~- ~\ [ ] Section 280-^, New York Town Law for appr0val of access over ~ght(s)-ofoway. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5'16) 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. L., 1 Petitioner 0wner's' Names: ~ ~!.'.? Post Oft~,i~ Address (Tel. ~xf -- PROOF OF MAILING OF NOTI~F ATTACH CERTIFIED MAIL RECEIPTS ADDRESS f He.e -/ I ~ )~[~ ~ , being duly sworn, depos~ and says that on the /~ day of ~%~ ,1~. . deponent mailed a true copy of the Notice set forth on the re- ver~ side hereof, directed to each of the above-named ~rsons at the addres~ 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 ass~sment roll of the Town of Southold; that said Notices were mailed at the United Sratm Post ~- rice at ~ J~t ~,' ~ ~ ; lhal said Notices were mailed to each of said persons by (certified) (r~) mail. ~//~ Notary Public VERONICA F. CIDONE ,'VOTARY PUSUCo STATE OF NEW' YORI¢ NO. 52.~661405 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES MARCH 30, 19'~ (This side does not have to be completed on form transmitted to adjoining property owners.)