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HomeMy WebLinkAbout3554 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I-,I., N.Y. 11971 TELEPHONE [5161 765-1809 ACTION OF THE ZONING BOARD OF APPEALS 3554 Appeal No. Application Dated August 28, ]986 TO: Mr. and Mrs. Norman Reich 295 West Front Street Greenport, NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber ]0, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for Application of NORMAN AND KAREN REICH for a Variance to the Zoning Ordinance, Article III, Section lOD-31 for permission to construct dwelling with an insufficient .rearyard setback, at 1809 Right-of-way off the East Side of Rocky Point Road, East Marion, NY; District lO00, Section 31, Block ~, Part of Lot lO; Kimon and Retzos Minor Subdivision #81, Lot #2. WHEREAS, in the Matter No. 3554; and a public hearing was held and concluded on October 2, 1986 of the Application of NORMAN AND KAREN REICH under Appeal 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 Minor Subdivi Board during of six-ft, wi line). premises in question is known and referred to as Lot #2, sion No. 81, approved by the Southold Town Planning 1973, and contains a total lot area of 44,216 (inclusive de right-of-way extending along the easterly property 2. The subject premises is presently vacant and is more particularly shown and identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 3, Lot 10. 3. By this application, appellants request permission to locate a new single-family dwelling with attached garage with an insufficient setback from the rear property line at 37 feet. (CONTINUED ON PAGE TWO) DATED: October 10, 1986. For~ ZB4 (rev. 12/811 CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3554 Matter of NORMAN AND KAREN REICH Decision Rendered October 10, 1986 4. Column "A-40" of the Bulk Schedule of the Zoning Code requires a minimum rearyard setback at 50 feet. Article III, Section 100-32 permits accessory buildings in the rear yard area with setbacks at three feet from all property lines. The depth of the subject parcel is 135 feet, which is substandard. 5. For the record, it is noted that improvements of this private right-of-way from the easterly side of Rocky Point Road to within the first 25 feet of the subject parcel were accepted as conditioned by Appeal No. 3337 rendered June 13, 1985 pursuant to New York Town Law, Section 280-a~ on October 2, 1986. In considering this appeal, the board also finds and deter- mines: (a) the circumstances of the property are unique and lend to the practical difficulties; (b) the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience, order of the town; (c) there will be no substantial detriment to adjoining properties; (d) the relief requested is not substantial in relation to the requirements; (e) in view of the above factors, the interests of justice will be served by granting the variance applied. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3554 in the Matter of the Application of NORMAN AND KAREN REICH of an insufficient rearyard setback at not closer than 37 feet as shown by survey of August 5, 1986, prepared by Peconic Surveyors and Engineers, P.C., BE AND HEREBY IS APPROVED. Vote of the Board: Douglass and Sawicki. due to illness.) This Ayes: Messrs. Goehringer, Grigonis, (Member Doyen, Fishers Island, was absent resolution was duly adopted. lk October 13, 1986 RECEIVED AND FILED BT THE SOUTHOLD TOWN CLEP, X DATE/o-/~ HOUR ~,~o ~ Town Clerk, Town of SoutlmM LOT NUMBERS REFER TO MINOR SUBDIVISION FOR KIMON I~ WOODENE RETZOS ~1 LOT 2 CONIC (§16) 7'65 - 5020 P. 0. BOX 909 MAIN ROAD $O*UTHOLD , N.Y. 11971 N. $2°35 'q~O" W. ( Vacant N/O/F KIMON RETZo$ WOODENE RETgO$ LOT 3 ~o ~. ~ /~m , ] ~' 4' b~ vy SURVEY FOR NORMAN R. REICH KAREN REICH ' e-' ~ / 'AT EAST MARION ~ ~_ /SUFFOLK COUNTY, N.Y. Pmpa~ in a~a~e wi~m~00 ' ~1 - O~ - PlO lO ~anda~l ~r ~le su~y* as e~tabli*hed by SCALE I" = 50' the L.I.A. LS. and app~ and adopted JULY 17, 1986 for such u~ by The New Yo~k State Lan~ A~ ~ ~ I ~ ~ T, le Asmciation. CERTIFIED TO : ~.Y.S. LIC. NO. 49668 TITLE U.S.A. INSURANCE CORPORATION O~ NEW YORK NORMAN R. REICH KAREN REICH SURVEYORS ~ ENGINEERS , P.C. ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM 86 -383 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLDo N.Y. NOT~CE OF D~SAm~OVA~. Date ...~... ~ L ......... , 19.~..~. To ..~~-~.~..~T~ n~ P~ASE TAKE NOTICE that your application dated ...... ~..././ ........ 19 .~. & .. ~,o.~ ~ ~_ ...... ........ ~ ..... ._ ..... ~_...~, ....... ....... ...... .... G~..X~...~...~ ..... /.e~..~.~ .............. aY 1/80 RECEIVED TOWN OF SOUTHOLD, NEW YORK Tn~ C~e~,PRr~dFROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We)NORMAN R. REICH & KAREN REIC~ 295 West Front Street Name of Appellant Street and Number Municipality .... ~[ew...Xs;u:k.....HEREBY APIL~EAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ~u,g~A~,.~,.~,~..,1,,~.{~ ............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) NORMAN R. REICH and KAREN REICH Name of Applicant for permit of 295 West Front Street, Greenport, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY BUILDING PERMIT 1. LOCATION OF THE PROPERTY .....~:...8~.9..~..~..R.~`~.~.~.`~:~.~'R~'~.'~..~'~.~'.~'`j:~'.~'~''R~d'~; .......... ,A,T.,4.,0,, .......... East Marion, NY Street Use District on Zoning Map ....................................................... Current 0wnerKi. mon& Woodene Retzos 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.) Chapter 100. Article III~ 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. I.~ws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (F, ml~) (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 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~;hallow depth of lot will not permit 50 foot. rear yard. A variance ~s =equested to permit a 37 foot ~ear yard set back and 44 foot front yard set back. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunn~-' sa~ HARDSHIP becau~ the 135 foot deep lot will not permit c6nstruction of desired dwelling. Entire lot is 135 feet deep. Desired house can not be placed anywhere on lot without the need for a variance. 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 the lots in the immediate area are larger. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the variance requested is ve=yminor. The subject premises will still have a natural buffer of trees between it and neighboring properties. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Karen Reich Signature Sworn to this .......... .~.....~... ....................... day of ............................. ~..q~...t~..~. ............ 19 86 Notary ~ublic HENRy $. SAXTEIN NOTARy ~JaLIC, State of Ne No. 46878~7, SuffoJ~ w York "County The N.Y.S, Environmental Quality I{(:view Act requires sub- mission of thlform, and an envtronmenta~reviuw will be made by this b~rd before any action is t~en' (a) In order to annwer the questions in tht~ shor~ EAr Is Is l~ely ~c~s of the action, l~ is nec e~ec~ed ~c addttlor;al c~ler investigation9 w~ be ~dertaken, - 5{ If any cues~ion he~ been answered Yes the proJec~ ~y be e~ed Envlrc~en~a~ Assessment Fo~ ~ necessary, ues~ions hove been answered ~o l~ 2~ likely t~ d) ~vlron..entaZ Assessment ,, / la' TW~I project rest: tn a larse physical change - 2, ~ill ~here be a ~Jor ch~nqe to any ~lque or :' unusual land rom fo~d on the site7 · , , , , 3. W~I project alter or ~ve a large effect on : an existing body of.water? , , , , , , ,. .::~ :';, __ &, ~S1 ?reject h~ve a po~un~l~lly large ~ on ~o~dwater quality? ~ 5, W~I proJec~ mi~lficuntly'affect drainage ~ on adJacen~ sites7 '.., · · · ...... · · N0 _ 6, Will project affec~ any t~ea~ened or endangered ~ , ~ plan: or angel species? . . . . . , . . , . . Yes y No 7. W~i project reset in a major adverse effect on air quality? .... , · · · · · · · Y~s 8. W~i project have a mm jot effec~ on visual c~ 9. Will proJec~ adversely ~pact any site or st~c~ ~ ute of his:eric, pro-~ls~oric, or pal&on~olo&ical importance or any site dominated as a critical enviro~en~l area by a local agency? · · · . Yes ~ 10. W~I proJec~ have a ~Jor erfec~ on exist~g or future recreational oppor~i:ios? 11. Will proJec~ result In ~Jor traffic problems or 12. Will project reg~arly cause obJec:lonabIe odor:, anco as a res~ or the proJect'u operation? . Yes X. 13. Will project have any impact on public health or safety" · . , . · , · · · * . · Yea ~ No 1L. Will project Affect the existing co~unXty by ~.. directly cal~sln~ a ~rowth In permanent popt~a- t.on of more than 5 percent over a on.year character of the community cr ~kghborhood?.. .. , Yes X ~rm~ R~ Re~cn AugUs~:~.~a~ ~'rRESE~{TING: ~1~ DATE~ August , 1986 To: Re: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: East Marionf New YOrk Norma~ R. Reich & Karen Reich 1890 ROW off Rocky Point Roa~, SCTM #100O-5±-z-p/o 16 Dear Sirs: In reference to the New York State Tidal Wetlands Land-us Reou]'ations, 6 NYCRR, Part 661, and Article 25 of the ~.le;.; York S~ate. Environmental Conservation La%.z, please be advised tha~ t subject property iQ the within appeal application: (please check one bo×) [ ] Nay be tocatad .within 300 feet of tidal wetlands hot.zever, constructed alon~ the water-lyin<f edge of this property is a bulkhead in very good condition and at least 100 feet in len~tk. ~ [ ] Pla,_; b'e 'located wi~.:hin 300 feet of tidal wetlands ho:.zever, constructed along the water-lyinc edge of this property is a bulkhead in need of (minor', (major) repairs, and appr~ximate!y feet in length. [ ] [ ] May be located within 300 feet of tidal wetlands; ho%¢ever, constructed alon~ the t;a~e, lying edge of this property is a bulkhead less than 100 feet in length. May be located ~,zithin 300 feet of tlda! wetlands; and there is no bulkhead or -, ~-~,, cch ..... wa!! e:~is~zn on the premises. °Ix] not appear to Is not located %vithin 300 feet of tidal wetlands to the best of my knowledge.; [~]tarred items fall withiz~ the [:OTE: If proposed project approval must be received an~ submit~dd your application can be scheduled for a (*) indicate your property doe~ jurisdiction or,he N.Y.s. D.E.C. '/ ' V t · (£ z,j;~a cur_, please; falls t~it'Jkin D.E.C. jurisdiction, to our office befoce public hearing. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 2, 1986 S.E'.Q.R.A. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI NEGATIVE ENVIRONMENTAL DECLAP~TION Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3554 PROJECT N~ME: NORMAN AND KAREN REICH 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Dwelling with an insufficient rearyard setback. LOCATION OF PROJEC%:80~OR~ o~ Sg~holdj County of,$~¢folk, more particularlv known as: 'gh~-0t-way off the East 51Qe 0t Rocky P0inf R0~d, East Marion. REASON(S) SUPPORTING THIS DETEP~INATION: (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 regulate'd as provideo in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFOP~4ATION, 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. to ~hvelltng with an/mmffici~nt comtrue~ ~ ~ ?5 frontyard setbac~ at 230 fee~. of tidal wetla~Js alon~ 8m'l~r's Lmm, Cutdm~ue, NY; Si~in~ Pond, Or~tHarbor. Lo- District [000+ Section 111, Block 14, Lot 07. 7:40. p,m. Appeal-No. 3555 - SHIRLEY HOMAN, Varin',~ to the Zoning Ordinam~, Ar title }II, Section 100-31 for persia- dwelling with an insufficient rearym~ setback, at 160 Smith 1000, ~eetion 9~, Bleak 3cLot 38. ~_. ?:4~ p.m. Appeal N~ 3~54 NOR~N AND RE~CIL v~ t~ ~z~i~{ O~dinance, fArticle, HI, Soctio~{ 1~0o-31 for permalon to ~ dwellinf with an irmum-~ .cient rea~nrd .ethck. at 1809~ Risht-o~-Way off' ~he Emit Side NY; i)htrict 1000. Se~ion 31 BI~Ckt, Par~ of LOt 10; Kimon/ ~ AND CATHERINE Schedule for L Vari- 100-31. the Zoning erty: Corn, s of J~son, Fifth and ~in ~, N~ ~k. NY; C~ty T~ ~ ~ l~.~ l~B~k 9, ~ li. 8~ p.m, ~] No. ~ -~ P~{~P ~ E~N ~MO. Va~an~ ~ ~e ~ni~ ~m~, A~[e XL ~ion l~-ll9.~C) ~or ~i~on ~ District 1000,'Sectio~ ~7, B{ock 5, Lot 12. 8:25 p.rp, Appl, No. ~7~E - ~ OF ~- O~ ~ Ca~ ~. ~ ~-PI~ ~ of ~in Ba~vi~ ~ ~u~- oM, ~Y: ~ty ~ ~p ~ t~ ~, ~ ~, BI~ 6, ~ ~ ~ 8 ~ 2. ~ S. ~d J. C~o~ EDM~ ~ JO~ P~ ~ N~i~ ~ ~al A~ ~, ~'l~l, ~ ~ i~ wi~ ~12 ~. R. in ~ ~ efly: "~1" ~l ~ ~i~ ~ ~ ~ of 1~. h~r at ~ ~ ~ p~ all '~ ~ ~ ~ ~it~ ~ ~ ~ ~l~ of ~ ~ ~. F~ ~ infor- m: ~ 11,'1~. ; BY ~ER OF dwelling'with an insufficient . THESOU~I~OLD setback from wetJauds along Great P~md, at 745~.SouAdv~eW, APPEALS Avenue, Southoht, NY; Co~ty ' G*ERARDP.~ Tax Map District 1000, Section _ '~ ~MAN 59. Block 6: Lot 8. 8:05 p~. Appeal Nh. '3552 - JOHIW~NKO. Variance to the 1~62 ~.. Zoning Ordinance. Article VIL" Section 100-70. ami Section 100~2(B~. for permis- sion to establish shoppm~q center hse m this ~-1" C, eneral Busi~ ness Zoning District w/th insuf- ficient lot area at 49295 Main/ Road (a/k/a Ackerl~ Pond Southold. NY; County T~x f~ap. District 1000. SecUon 70~ 9lock. 07. Lot 01. containing sq.R. 8:10 p.m. Appeal No. 3553 - EUGENE BOZZO. Variances to the Zoning Ordinance, Arti- ¢{es; (1) X[, Section I0C-119.2 permm~ion to conz~r~t with an insufficient from wet{andi~tidai water along Great Peconic Bay; ¢2) Il}, Sec- tion i00-32 to r~lo~ate garage bui{ding in the frontyard area; (3~ IH, Section 100-31, Bulk Schedule, to construct with {or coverage of all structm~s in excess of maximum-p~rmitt~ 20 percent. Location of Pl~perty: South Sid~ of Camp Mineol8 P,~ad, Matt}tuck; ~ Tax Map District 1000, Se~n 123, Block 6, Lot 8:15 p.m. Appeal No. 3557- ROBERT EGAN. Variance~ ~o the Zoning. Ordinance, Articles: (IFil}, S~ction 100-31 to ~I'ATE OF NEW YORK ) ) KS: COUNTY OF SUFFOLK ) I~z ~-hpri np Rnn c~ ~-~ lr of Groonpc said County, being duly sworn, says that ha/. Principal Clerk of THE SUFFOLK TIMES, · Wt Newspaper, publlghed at Greenpott, in the T of Southold, County of Suffolk end State of I York, end that the Notice of which the annexl · printed copy, has been regularly publishe, said Newspaper once each week for i weeks successively, commencing on the 2 5 day of SePtember 19_~3_6 Sworn tO bof~* me day of I N~rA~t ~ ~ · NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of theTown Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD 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. Appeal No. 3559-LEONARDUS AND MARIE VANOUDEN- ALLEN. Variance to the Zon- ing Ordinance, Article 111, Sec- tion 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback~ at 230 Sailor's Lane, Cutchogue, N.Y.; District 1000, Section 111, Block 14, Lot 07. 7:40 p.rn. 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 rearyard 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 III, Section 100-31 for permission to con- struct dwelling with an insuffi- cient rear yard setback, at 1809 County Tax Maps as Districl 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. 949 of 9/1/66, recognizing two separate building lots, having insufficient area, width and depth as required by Article Ill, Section 100-31, Bulk Scheduling of Zoning Code. Location of Property: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1090~, Section 17, Block 9, Lot 12. 8:00 p.m. Appeal No. 3484-PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for per- mission to construct addition at rear of dwelling with an insuf- ficient setback from wetlands along Great Pond, at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000. Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3552-JOHN SENKO. Variance to the Zoning Ordinance, Arti- ~'~7~.a~'f~thc East Side de VII Se,.c~iO~_~ 100-70 ~ ~- , ~imon ~d R~s Minor Sub- General Business Zoning division No. 81, Lot No. 2. ~ 7:50 p.m. Appeal No. 3547-JOSEPB. AND CATHERINE RIEMER. Variance to the Zoning Or- dinance, Article Ill, 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 oi 99 at Peconic Bay Estates, Map No. 1124, and identified on the District with insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane). Southold, NY; County Tax Map District 1000, Section 70, Block 07, Lot 01, containing 30,084 ± sq. ltl 8:10 p.m. Appeal No. 3553-EUGENE BOZZO. Variances to the Zoning Or- dinance, Articles: (1) XI, Sec- tion 100-119.2 for permission to construct dwelling with an in- sufficient setback from wetlands/tidal water along Great Peconic Bay; (2) 111, Sec- tion 100-32 to relocate accessory garage building in the frontyard area; (3) III, Section 100-31, Bulk Schedule, to construct with lot coverage of all struc- tures in excess of maximum- permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mat- tituck; County Tax Map District 1000, Section 123, Block 6, Lot 27. 8:15 p.m. Appeal No. 3557-ROBERT EGAN. Variances to the Zoning Or- .dinance, Articles (I) 111, 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) for 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; "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 excep- tion to the Zoning Ordinance, Article 111, 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 No. 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 1000, 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. Appeal from Building Inspector Notice of Disapproval dated 1/2/86 and ZBA Action No. 3463 dated 5/6/86, and Variance to the Zonihg Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VII, Section 100-70(A)[l](d) for permission to establish a second retail/business use in conjunc- !ion with existing nonconform- ing two-family d~lling 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-1" 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 plane all' persons or representatives desir- ing to be heard in each of the , above hearings. Written com- ments may al~n be ;ubmitted prior to the conclusion of the subject heating. For more infor- mation, please call 765-1809. Dated: September 11, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Lioda Kowaiski, Board Secretary 1T-9/25/86(16) P 262 411 000 RECEIPT FOR CERTIFIED MAIL P 262 410 .999 R£C£1PT FOR CERTNFNFD MA~L P 262 4.11 00t RECEIPT FOR CERTIFIED MAIL ~ ~~~.~S-~..~~,iL'" ...... .__~ ~ f, -. ..,';'~' .... ,-.. 80V / i P 262,4!1 ,002 RECEIPT FOR CERTIFIED MAIL 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 Traveler-Watchman once each week for ...................... ./.... weeks successively, commencing on the .......... .~...~..~... .... Sworn to before me this ..... .~...~....t~, . . , day of .... ...... Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires~-3/ 19 PJ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NORMAN R. REICH and KAREN REICH to the Board of Appeals of the Town of Southold TO: KIMON & WOODENE RETZOS GERTRUDE IGLESIAS FRANK BONDARCHUCK ELIZABETH DINAS and DENA RIGAS NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] to zoning ordinance Chapter 100, Art. III Sec. 100-31 2. That the property which is the subject of the Petition is located adjacent to your p. ropertv and is des- cribed~follows: 1890 Right of way- Rocky Point Road, East Marion, /qY SCTM #1000-31-2-p/o 10; survey attached 3. That the property which is the subject of such Petition is located in the following zoning district: A-40 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: 37 ft. rear yard set back instead of required 50 ft. and 44 ft. front yard set back variance to permit rear yard set back 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Secti~ 100-31 [x] Section 280-A, New York Town Law for approval of access over rtght(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 may then and there examine the same during regular office hours. (516) 76S-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 ri~t to appear and be heard at such hearing. Dated: Auoust ~, 1986 .~./~/// K ' ~e~lomnaenr R.--I~el~R; l~aren ~elcn 0wners'Names: Kimon & Woodene Retzos Post Office Address 295 West Front. Street Greenport, ~e~ ~o:~ (Tel.516 477-2332 South West North North East PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS KIMON and WOODENE RETZOS Rocky Point Road, East Marion, NY 11939 ELIZABETH DINAS and DENA RIGAS FRANK BONDARCHUCK Right-of-Way GERTRUDE IGLESIAS 2952 Brighton 5th Street Brooklyn, New York 11235 Orient, New York 11957 Box 34, Aquaview Drive, East Marion, NY 11939 STATE OF NEW YORK) COUNTY OFSUFFOLK) SS.: Norman R. Reich ,residingat 295 West Front Street, ~.~ Greenport, New York 11944 , being duly sworn, deposes and says that on the ' day of Auqust ,19 86 , 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 Unite~L~States Post Of- ~ rice at ; that said Notices were mailed to each of/said persons by ~ (certified)(registered)mail.~'~' ~/~N~m~a~ R~. R .i~ch ~'~ Sworn to before me this ~- /r day of August ,19 ~ b Nota'ry Public ~/ - ° HENRy $, SAXTEIN NOTAI~¥ ~SLIC, Stale of New York 46~17817, Suffolk County (¥his side does not have to be completed on form transmitted to property owners.) adjoining Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI October 13, 1986 Mr. and Mrs. Norman Reich 295 West Front Street Greenport, NY 11944 Re: Appeal No. 3554 (Variance) Dear Mr. and Mrs. Reich: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with t~e 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 call that of the building inspector Yours very truly, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary MATTER OF NORMAN AND KAREN REICH THURSDAY~ OCTOBER 2~ 1986 PUBLIC HEARING 7:45 p.m. Appeal No. 3554 - Public Hearing commenced in the Matter of NORMAN AND KAREN REICH. Dwelling with an insufficient rearyard setback. 1809 ROW off the East Side of Rocky Point Road, East Marion. The Chairman read the legal notice and application fo~ the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated August 5, 1986 indicating a 44,216 square foot lot, indicating as was in the application, appears to be a 50 foot front yard setback, 37 foot rear yard setback, 100 foot from the south property line. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard for the Reich application? Anybody in the audience like to speak in favor of it? Anybody like to speak against it? Questions from Board members? Hearing no further questions, I make a motion closing the hearing reserving decision until later. Ail in favor - aye. Transcribed from cassette tapes recorded during the hearing. Nadia Moore 10/21/86 JUDITH T. TERRY TOW~ CL~R~ REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 28, 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. 3554 application of Norman R. and Karen Reich for a variance. Also included is Notice to Adjacent Property Owners; survey; Notice of Dis- approval from the Building Department; Short Environmental Assessment Form; letter relative to NYS Tidal ~tlands L~nd- Judith T. Terr~ Southold Town Clerk