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Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11g'71 TELEPHONE (616) 766-1809 ACTION~F THE ~ONING BOARD OF APPEALS Appea~.NO; S~3~60- . Applic~ti°n bated January 3], ]986 TO: Michael J. Per]mutter, M.D. 2035 Theresa Drive Mattituck, NY ]1952 (Public Hearing 3/13/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April ]6, ]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 [X] Request for Variance to the Zoninq Ordinance Article III , Section ]00-30(C)[]](a) [ ] Request for Application of MICHAEL J. PERLMUTTER, M.D. for a Variance to the Zoning Ordinance, Article III, Section lO0-30(C)[1](a) for permission to utilize premises and addition for accessory home occupation use (physician's office) in excess of maximum-permitted 30% first-floor area. Location of Property: 2035 Theresa Drive, Mattituck; Deep Hole Creek Estates Filed Map 4256, Lot 59; County Tax Map Parcel No. 1000-t15-16-15. WHEREAS, a public hearing was held and concluded on March 13, 1986, in the Matter of the Application of MICHAEL J. PERLMUTTER, M.D.; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present use and occupancy as a single-family dwelling, and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application, both in favor and in opposition~ and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance from the provisions of Article III, Section 100-30(C)[1](c) for permission to exceed 30% of the area of the main floor of the existing residence of the applicant for a professional home occupation, to wit: doctor's office. 2. The property in question is located along the north side of Theresa Drive, Mattituck and is identified as Subdivision Lot #59, Map of Deep Hole Creek Estates, and County Tax Map District 1000, Section 115, Block 16, Lot 15. 3. The subject premises contains an acreage of .53 and is presently improved with a single-family dwelling containing a floor area of 1,470 sq. ft. and an accessory garage structure of a size 22' by 22' (CONTINUED ON PAGE TWO) DATED: May 2, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3460 Matter of MICHAEL J. PERLMUTTER, Decision Rendered April 16, 1986 M.D. 4. Applicant proposes to construct an 22.5' by 40' addition for the doctor's office area, and to continue residing within the dwelling as exists, for a total floor area of 2,370 sq. ft. 5. The relief requested is a variance of 189 sq. ft. over the maximum limitation of 30% of 711 sq. ft. for the home occupa- tion use, for a total of 900 sq. ft. solely for the home occupation. 6. It is the opinion of the board that the practical difficulties demonstrated by the appellant is not sufficient under the circumstances to warrant the granting of the relief as requested, and that an office area of 711 sq. ft. is permitted without a variance. 7. It is also the opinion of the board that alternative relief is available for the applicant to pursue other than a variace which would be either to: (a) reduce the home-occupation area to 711 sq. ft., or (b) increase the floor area of the dwelling 630 sq. ft. for residential use. In considering this appeal, the board has also determined: (a) that the relief requested is not the minimum necessary; (b) that the residential area would be adversely affected due to increased traffic conditions; (c) that the public health, welfare, safety, comfort, convenience and order of the town will not be served by allowing the variance; (d) there is a method feasible for appellant to pursue other than a variance, (e) the circumstances are not unique; (f) the spirit and intent of the zoning ordinance would not be served by granting same as applied; and (g) the interests of justice would best be served by denying the variance, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to deny the application as applied under Appeal No. 3460 in the Matter of MICHAEL J. PERLMUTTER, M.D. for a variance in excess of the maximum-permitted 30% main floor area for home-occupation use. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen, and Grigonis. (Absent was: Joseph H. Sawicki.) This resolution was duly adopted. lk P 2 '-GO E"H F~I N G-ER, ~l~MAN May 2, 1986 ~,~" ~IVa:D AND FLED.. BY ~ ~OU~D T0%7i~ CLL~ Tow~ Clerk, Town of ~ut~d NOTICE OF HEARINGS NOT~CE 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, Southold, NY at a Regular Meeting commencing at 7:30 p.m. or THURSDAY, MARCH 13, 1.986~, and as follows: JOHN 7:30 p.m. Appeal No. 3432 - Recessed Hearing AND JOYCE HOLZAPFEL. in the Matter of 7:35 p.m. Appeal No. 3457 RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances To the Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedules for excessive lot coverage, and (2) Article XI, Section 100-119.2 for reduction in the required setback from bulkhead and tidal waters to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport; Cleaves Point, Section 3, Map #4650, Lot 59; County Tax Map Parcel No. 1000-35-05-28. 7:40 p.m. Appeal No. 3452 - PAUL FORESTIERI for Variances to~ the Zoning Ordinance;"A~ticle] III, SectionilOO431,]Bul~k Schedule for permission to locate new dwelling-with insufficient front and rear yard setbacks. Location of Property: East End of Sound View Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivi- sion, Lots l, 2, 3, 4, 5; County Tax Map ~arcel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470 - ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct addition of 190± sq. ft. in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of Property: 17195 Main Street (a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel No. 1000-117-08-13. 7:50 p.m. Appeal No~ 3447 PUDGE CORP. for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85: professional offices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing estab- lishment; food processing~ packaging of machine parts to be shipped; such uses as~allowed in this C-1 Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-63-01-10. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 7:65 p.m. Appeal No. 3459 - 125-127 MAIN ST. CORP. (MILLS & CO.) for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to utilize premises and construct addition for the manufacture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial Zoning District. Location of Property: 74100 Main Road, Greenport, NY~ County Tax Map Parcel No. 1000-46-06-006. 8:00 p.m. Appeal No. 3465 - VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule for approval of the construction of second-story deck addition with an insufficient frontyard setback. Location of Property: 1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. 8:05 p.m. Appeal No. 3460 - MICHAEL J. PERLMUTTER, M.D. for a~ Variance to the Zoning Ordinance, Article III, Section lO0-30(C)[1](a) j for permission to utilize Premises and addition for accessory home ~ occupation use (physician's office) in.excess of maximum-permitted ~ 30% first floor area. Location of Property: 2035 Theresa Drive, -- ~ Mattituck; Deep Home Creek Estates Filed Map 4256, Lot 59~ County } Tax Map Parcel No. 1000-115-16-15. _~j ~_~_8:10 p.m. Appeal No. 3450 - ROSALIE GOWEN for ~a~.ances~to~tbe~ Zoning Ordinance, Article III, Section 100-31~ Bulk Schedule, for approval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road, Cpt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map #1672, Lots 134, 153, 154; County Tax Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m, Appeal No. 3474 - DAVID M. JOHNSON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an i~sufficient sideyard setback and in excess of maximum-permitted 20% lot coverage. Location of Property: 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-6-13. 8:35 p.m. · Appeal No. 3463 - EDMUND PRESSLER for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 Articl~e VII, Section lO0-70(A)[1](d), for permission to utilize premises of 68,912 sq. ft. in area as a continuing nonconforming two-family dwelling and add two retail "B-I" General Business Zoning District. North Side of Main Road, Southo~d~ NY; No. 1000-63-3-26. sales/office uses in this Location of Property: County Tax Map Parcel 8:45 p.m. Appeal No. 3455 z KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article XII~ Section lO0-121(D)[1] for a clarificatio~ and/or correction of the interpretation of the Building Inspector of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living quarters in the accessory garage/apartment structure. Location of Property: 6600 (on6~50) ~ndi]anlNeck Road, Peconic, NY~ County Tax Map Parcel No. 1000-086-07-004. 8:55 p.m. Appeal No. 3421 - Recessed Hearing JOSEPH ZIELONKA~to be reconvened. ESTATE OF 9:05 p.m. Appeal No. 3451 z BEDELL WINERY/VINEYARDS for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for permission to establish winery use from grapes grown on the premises, located at 36225 Main Road, Cutchogue, NY~ County Tax Map Parcel No. 1000-85-02-10. 9:10 p.m. Appeal No. 3456 -RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area, width and/or depth in this pending-division of land, located at the East Side of Queens Street, Greenport, NY; 'County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal No. 3466 ~ GREGORY SIMONELLI for a Variance to the Zooi-ng Ordinance, Article. III, Section 100-31, Bulk Schedule, for approval~of proposed lots having insufficient area and width in this pending division of land, located at the East 6~dzSo~th Sides of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. 9:25 p.m. Appeal No. 3475 - JOSEPH H. SAWICKI, JR. for a Variance for approval of access pursuant to-New-York Town Law, Section 280-a, over a private r~ght-of~way located off the South Side of Old North Road, Southold, NYL premises presently of Schaefer and identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, Lot 4. 9:30 p.m. for a Variance Bulk Schedule, area and width Appeal No. 3653 ' ~AMUEL K.C. and ELIZA PLIMPTON KOPPER to the Zoning Ordinances- Arti.cle Ii~, Section 100-31, for approval of proposed three lots having insufficient located along the west side of Indian Neck Road, Peconic, Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13, 1986 NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons or repre~entatiyes desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt~ 1502). Dated: March 4, 1986. lk BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN INSTRUCTIONS TO NEWSPAPERS: March 6, 1986 and forward Board of Appeals, Main Road, before March 11, 1986. Please publish once, to wit: affidavits of publication to: Southold, NY 11971, on or to the following 3/4/86: Copies Mr. and Mrs. John Holzapfel, 825 South Harbor Road, Southold, NY 11971 Mr. Garrett A. Strang, Architect for Mr. and Mrs. Ralph Stocker, P.O. Box 1412, Southold, NY 11971 Mr. Paul Forestieri, 300 East 54th Street, New York, NY 10022 Mr. and Mrs. Athanas Zamphifoff, P.O. Box 255, New Suffolk, NY 11956 Mr. James Gray, Sr., ~udge Corp., P.O. Box 1465, Southold, NY 11971 Mills & Co., 125-127 Main St. Corp., 125 Main Street, Greenport, NY 11944 William D. Moore, Esq. (c/o R.F. Lark, Esq.), P.O. Box 973, Cutchogue, NY for Mr. and Mrs. Velimir Vrankovic Michael J. Perlmutter, M.D., 2035 Theresa Drive, Mattituck, NY 119.52 Abigail A. Wickham, Esq. for Mrs. Rosalie Gowen, Box 1424, Mattituck 11952 Mr. and Mrs. David M. Johnson, Koke Drive, Southold, NY 11971 Gary Flanner Olsen, Esq., for Mr. Edmund Pressler, Box Richard F. Lark, Esq. for Mrs. Kathleen B. Varano, Box William W. Esseks, Esq. for Mrs. Odell and Katzenberg, Mr. John Wickham, for the Estate of J. Zielonka, Mr. Merlon Wiggin, President, Peconic Assoc. for P.O. Box 672, Greenport, NY 11944 706, Cutchogue 11935 973, Cutchogue 11935 Box 279, Riverhead Main Road, Cutchogue 11935 Bedell Winery Richard F. Lark, Esq. for RICHARD AND ANITA WILTON Gary Flanner Olsen, Esq. for GREGORY SIMONELLI Mr. Joseph H. Sawicki, North Road, Southold, NY 11971 Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER Mr. and Mrs. Samuel K.C. Kopper~ 310 Plymouth St, Pem'broke, Town Clerk and Z.B.A. Bulletin Boards Supervisor, Town Board, Z.B.A., P.B.~ and Building Dept. Individual Z.B.A. files ll MA O2359 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTH©LD, N.Y. NOTICE OF DISAPPROVAL is returned herewith and disapproved on the followkng grounds ............................... - "-- .~..~.. ~ ...................... .~.../~..,'..q.Z~ ._/"x~vT2~c7..,.~.~oc~... ~ o~ /W~-~,.~,,c, .. .5~. ~ . .'77...~..o..~.~5.e.~...~.~9~ .~/?a...~..'..~.o......~...~..~///..~.-5..,/5... ~o.0....~... .,,~.~.~..767'7.,,-~...~..~..~4.....o.?. .... Z..~. :70...5. ~...~...-... ~. ~,,/.,q.c.~ Building Inspector RV 1/80 'TOWN OF SOUTHOLD BUI LDING DEPARTMENT TOWN HALL $OUTHOLD, I~J.Y. TEL,: 765-1802 Examined ................. 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PER,tilt Date .1.5..J.a.n.u.ary' .1.9.8.6 .... 19... iNSTRUCTIONS a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship ro adjoining promises or public streets or areas, and giving a detailed description of layout of properW must be drawn on the diagram which is part of this appli~ cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or RegulationS, for the construction of buildLngs, additions or alterations, or for remcval or demolition, as herein describe& The applicant agrees to comply with all applicable laws, ordinances, building cod? ho~¢$ cod~, al3d~regttlations, and [o admit authorized inspectors on premises and in building for necessary inspections. '2,/ _~ ~., /) ( )fff [ v4-4q~ . ~ . Michael. J,. PerlmXat ter, . M. D ............... .~... (Signature of applicant, or name, if a corporation) 2035. Theresa. Drive.. Matkiruck. NY. 1 !952 ........ (Mailing address of appliqant) State whether applicant is owner, lessee, agenr~ architect, engineer, general contractor, electrician, plumber or builder. .......... O~ner ................................................................................. Name of owner o f premises . ~.ic. h. a..e.1..J :..P.e .rt..m .u .t .~ .e .r,. ~: D., .............................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No....P.e.n.d.i.ng ................ Plumber's License No...P.e.n.d.i.ng ................ Electrician's License No. Pending ....... ' Other Trade's License No..P.e.n~d.i.ng .............. 1. Location of land on which proposed work will be done..2.0.3.5..T.h.e.r.e~.a, p ¥ .i y .e . .M .a .t .t .i .t ..~9.k..N? .................. House Number Street Hamlet County Tax Map Noi I000 Section .... 1.i,5. ........... Block ...1.6. ............. Lot. 15 ...... Subdivision .DEEP _~or=~ CP~EEK ESTATES Filed Map No. ~ 4256 Lot (Name) State existing use and occupancy of premises and intgnded use aud occupancy of proposed construction: a. Existing use and occupancy . .P.r.i¢.arY. r.e.s.i.d.e.n.c.e.' PI..o.w.n.er ....... g.5~. ~. .... ~.Cd...~(m.~. P. b. Intended use and occupancy .S.a.m.e: .a .s . .a .b g y .e .,' p.l.u.s. !n.e.d.ig.a.1' 9.f.f.i.c.e.. ..... y.O..~... 5.~.. ~.~ .~. .......... 3. Nature of work (check which applicable): ,New Building . .... ' .... : Addition ....X. $ .... Alteration . .... :... Repair .............. Removal .... . .......... Demolition ........ . ...... Otl~er Work ............... '- ~ ' (Description) i ......... ........ i $. Est[mated Cost ......... .. Fee ..... (to be paid on f:din~ this application) If dwell/rig, number of dwe~ing units ............... Number of dwelling units on each floor ................ If garage, number of cars ...... ~ ......... ~.. ...................................................... ~f business, commerc{al or mixed occupancy, specify nature)nd extent Of each type of use ...... '~'7'. DLmensions of existing structures, ifany Front ...... .67...~ .....Rear . .5.9... ........ Depth ............... Heig~kt ... 2? .......... Number of Stories ~- ....................................................... Dimensions of same structure with alterations or additions: Front 6.3...6. ............. RearS.9. ................ De~dq 79.4 HeN=hr . .1.6. .................. Number of Stofies 1 Dtmensions of entire new construction: Front 22.4 Rear 22.4 Depth 40 He[gkt ..... - .......... Number of Stories ........ ~..~. ........................ q ............... Size of lot: Front 115 r~ _1o _ ,, _00 ' ..... ...................... Kear ...................... Dep,n ...................... Date of Purchase ........ ;... Name of FoYer Owner ............................. Zone or use dts~r~ct in which prsmises are situated ..................................................... Does proposed construction violate any zoning law, ordinance or regulation: ' . .............. W~I tot be regraded ............................ Will excess fill be removed froro premises: Yes No Name of Owner of premises .M.~.c.h.a.e)_..J....Ps. rg.m.u.~?.e,[ddress~0.3.S..T.h.e.r?.s.a. ?.r....M.a.~t~.},~[~ho..}9)295.92 ...... Name of Architect ........................... Address ................... Phone No ................ Name of Contractor ........................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, mud. indicate all set-back dimensions from . )pe~y l~nes~ Give street and block number or description according to deed, and show street names and indicate whether efior or coruer ~ot. ...... f~ ¢~..~. · v £ ~ ~ ?(. ~,. - .M.. ~. ~g .C~ V~:¢~'~? *~eing duly sworn, deposes ~nd says t~at he is ~he applicant (Name of indMdual signing contract) s the .................. ~. ~ .ri. ~ .,( (Contractor, agent, corporate officer, etc.) aid owner or owne~, ~d ~ duly autho~e~ te peffo~ or have perfo~ed ~e said w~rk and to m~e ~d ~le ~cafion; that ~1 s~atements contained ~ th~s application are true to t~e best ~f his ~owledge an0 belief; and [hat k w~l be per~3~ed k~ the mmnner set fo~h in the application 5le~ ~herewith. b~fore me ~ ~ ~ x~im~~~ ~ .......~ .............. : .................... ,~77~ t~. ~m ~ ~ ~ ~ (Signature of applicant) JAN ,,S ]. '198t]'°w' OF SOUT,O . , NEW APPEAL FROMT~I~C~i'J~/~,~UILDING INSPECTOR APPFAL NO. c~ '~ ~--/ DATE, .3.]... ?.,a. ~..u..a..r. ~...]:,9..8...6 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, 1, 07f~) .Miahael..J_..~a~%ma~a~.,..M,D.,.: ......... of ~035 ±neresa Drzve . NSr'6e of AppeJla,n~ Street and Num~ Hatti~uck ~..~ ............. HEREBY APPEL TO Municipality State THE ZONING BOARD OF APplES FROM THE DECISION OF THE BUILDING I~P~OR ON APPL CAT ON FOR PERMIT NO:-....... .............................. ....>~.,..~J..)..~..,..7. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( (×) Name of Applicant for permit of 2035 Theresa Drive Mattituck New York 11952 Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY Permit to bnJ]d additinn~5or ,~ ~ medical office of owner LOCA'FION OF THE PROPERTY 2035 Theresa Dr. Mattituck County Tax Map 1000 Street Use District on: Zoning Map Section I15 Block' 16 Lot 15 Da~B.Rela.~aek.~.~, ~aB ~425.6. Lek S9 ..Current 0~ner Mop No. Lot No. Michael J. Perlmutter M.D. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by numbe/. Do not quote the Ordinance.) ~. TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack o~ access (State o~ New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ' . Request allowance to build, addition in exhess of allowed 30% floor a-rea by 189 sq. ft. 4. PREVIOUS APPEAL A previous appeal (PjC~T~ (has not) been mode 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 is requested for the reason that The requested 900 sq. foot addition for use as medical office of owner is 189 sq. feet larger than that allowed by 30 % of main floor area. Are~ requeste is the minimum area necessary for proper conduction of said medical office. Form. ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficu]ties or unneces- sary · HARDSHIP because the stric~ enforcement of the existing ordinance would allow only for space inthe ameunt of 630 square feet, which would be 30% of the existing ~loor area if the addition were to be built within the ekisting ordinance° Such an area would be too small no contain all the necessary requzremenns of the medical office. Careful planning and efficient use &f sDace would make 900 sq. feet enough area to meet the minimum area needed for waiting room, patient examination rooms and laboratory space. Also included would be the necessary office maintenance space and billing/accounting areas, ,~nich would also contain the reception area. In addition, the above space zs necessary to meet all requirements for door- ways, hallways and wheelchair-accessible bathroom~ as required by law for the handicapped. 2 The hardship creoted is UNIQUE and is not shared oy aH properties alike in the immediate vicinity of this property and [n this use district because Notation is made that there are no other medical offices in the area, thus noihing similar is possible to compare with this hardship. 3, Tine Variance wouid observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT becouse The addition will comply to all building requirements and will conform to the existing style of canstructzeR, iacluding materials and dimensions.: THE ss couNTY to this (~ ~%~ ~ Sworn ............................................. daY of .........~...~....r~...~ .............. ]9 <~ Notary Public ~ OWNER STREET FORMER OWNER N VILLAGE SUB. E AC~. W 'TYPE OF BUILDING LAND SEAS. IMP. AGE NEW NORMAL FARM Acre 'Tillable i 'Tillable 2 I Tillable 3 :Woodlan,d Swampland Brushland House Plat BUILDING CONDITION BELOW Value Per Acre ABOVE Value MISC. Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULl(HEAD ~ '--~' DOCK 'Fatal M. BLdg. Extension Extension Hea~- ~L'~-_~(~L~F~ Rooms 1st Floor Porch ~ x~ / ~:> ~-_z ~7 2~ , ~'~ Rooms 2nd FIoo~ Porch Breezewa Garage Patio Fire Place ']'ype Roof Recreation Roor~ Dormer Driveway FiN. . Total LOT E~ COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 May 12, 1986 Town of Southold Board of Appeals Applicant: Mun. File No.: S.C.P.D. File No.: Michael J. Perlmutter, M.D. #3460 SD-86-6 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced applicatio~ which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been sub- mitted to demonstrate compliance with applicable variance criteria. An expanded residence area or diminished office area warrants consideration. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner Southold Town Board o£ Appeals HAIN RrlAD- STATE RI'lAD 25 Sl3UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI 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: X× Variance from the Zoning Code, Article III , Sectionl00-30(C) (1) (a) __Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 3460 Applicant: MICHAEL J. PERLMUTTER, M.D. Location of Affected(Land:2035 Theresa Dr., Mattituck N.Y. County Tax Map Item No.: 1000-115-16-15 Within 500 feet of: Town or Village Boundary Line ~X 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 Existing or Proposed Right-of-Way of Any Stream or Drainage -- Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to utilize premises and addition for ag~essory home occupation use (physician's office) in excess of maximum-permitted 30% first-floor area Copies of'Town file and related documents enclosed herewith for your review. Dated:MAy 6, 1986 - , 1 · Secre~cary, Board of Appeals Southold Town Board of Appeals ~AIN EDAD- STATE EDAD ~5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKt March 13; 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAPJITION Notice of Determination of Non-Significance APPEAL NO.: 3460 PROJECT NAME: MICHAEL J. PERLMUTTER, M.D. 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 Envirdn~ental 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 shoul~ not be considered a determination made for any other department or agency which may also have an application pending for the same or similhr .project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance to utilize proposed addition for physician's office in excess, of maximum-permitted 30% first- f]o0r area. LOCATION OF PROJECT: Town of Southold, County of Saffolk, more ]~articularly kuown as: 2035 Theresa Drive, Mattituck~ Deep H0]e Creek Estates Fi]ed Map 4256, Lot 59; ]000-]]5-]6-]5. 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 occu,r should this project bo imple- mcr:ted as planned; (2) The project is proposed to be ]0cated landward of exist- ing dwellings and 50-foot paved road. FOR FURTtlER INFORMATION, PLEA.L CONPACS. Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 1].971; tel[ 516- 765-1809 Or 1802. " Copies of this notice sent to the applicator or his agent and posted the Town Clerk Bulletin Board. APPEALSBOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKi Southold Town Board of Appeals MAIN ROAD- ~TAT£ RrlAD 2S St'IUTHE]LD, I...I,o N.Y. llCJ'T1 TELEPHONE (516) 765-1809 May 2, 1986 Michael J. Perlmutter, 2035 Theresa Drive Mattituck, NY 11952 MoD, Re: Appeal No. 3460 Variance Dear Doctor Perlmutter: Transmitted herewith please find copy of the board's decision rendered April 16, 1986 and filed this date with the Office of the Town Clerk concerning your variance application. Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission IUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 31, 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. 3460 application of Michael J. Perlmutter, M.D. for a variance. Also included is Notice to Adjacent Property Owners; Short Envionmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; application to and Notice of Disapproval from the Building Department; and Judith T. Terry Southold Town Clerk MICHAEL J. PERLMU'r'FER, M.D. WINDS WAY PF~OFESSIONAL CENTER 19 February 1986 Mr. Gerard P. Goehringer Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal No. 3460 (Variance) Dear Mr. Goehringer: I am in receipt of your letter of 12 February 1986, regarding the request of the Board for a sketch of a parking area for my proposed home office. I have taken the opportunity to review the zoning laws and ordinances prior to making this sketch. According to Article 11, Section 100-112, subsection A, I am required to have five (5) parking spaces for a physician's home office. They must be of a size of 10 feet by twenty feet each. There is no requirement for a specific space for handicap parking. According to Article 11, Section 100-112, sub- section K (2), since the parking area is not to be over five spaces, there is no requirement for distance from the property line. In accordance with the zoning laws and ordinances, I have reviewed several options with the Building Inspector, and have decided upon the plan herein enclosed. This plan both satisfies the zoning requirements and meets with the Building Inspector's approval. Please find enclosed seven copies of the parking plan, in rough perspective for your convenience. I anticipate that we may proceed with the public hearing on March 13th, as per your letter. Thank you for your cooperation and prompt assistance. Please feel free to contact me if there is anything else I will need. I am, Very truly~yours.~// ~ , . , ~ MJP/mcg eric, I$° Southold Town Board o£Appeals IViAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 25, 1986 Mr. and Mrs. Henry Kozen P.O. Box 188 Mattituck, NY 11952 Re: Appeal No. 3460 - Michael J. Perlmutter, M.D. Dear Mr. and Mrs. Kozen: Thank you for your recent letter voicing your position and concerns for a physician's office within your neighbor- hood. As you know, the public hearing on this application was held on March 13, 1986, at which time public comments were received and the public hearing was then concluded. We have been advised by legal counsel that we may not accept any other comments, letters, petitions, etc~ either in favor or against an application pending before us once the hearing has been concluded. We regret that we are not able to assist you at this. time and must return your letter accordingly. Yours very truly, GOEHRINGER GERARD P. lk CHAIRMAN Enclosure 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 ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 March 25, 1986 Mr. and Mrs. Stephen 3375 Deep Hole Drive Mattituck, NY 11952 Abbott Re: Appeal No. 3460 Michael J. Perlmutter, M.D. Dear Mr. and Mrs. Abbott: Thank you for your recent .and concerns for a physician's hood. letter voicing your position office within your neighbor- As you know, the was held on March 13, were received and the public hearing on this application 1986, at which time public comments public hearing was then concluded. We have been advised by legal counsel that we may not accept any other comments, letters, petitions, etc. either in favor or against an application pending before us once the hearing has been concluded. We regret that we are not able to assist you at this. time and must return your letter accordingly. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN Enclosure APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 March 25, 1986 Mr. and Mrs. Gregory Sacks 1265 Donna Drive Mattituck, NY 11952 Re: Appeal No. 3460 Michael J. Perlmutter, M.D. Dear Mr. and Mrs. Sacks: Thank you for your recent and concerns for a physician's hood. letter voicing your position office within your neighbor- As you know, the public hearing was held on March 13, 1986, at which were received and the public hearing on this application time public comments was then concluded. We have been advised by legal counsel that we may not accept any other comments, letters, petitions, etc. either in favor or against an application pending before us once the hearing has been concluded. We regret that we are not able to assist you at this time and must return your letter accordingly. Yours very truly, lk Enclosure (Letter and GERARD P. GOEHRINGER CHAIRMAN Petition) APPEALS BOARD MEMBERS GERARD P~ GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 March 25, 1986 Rev. and Mrs. Charles RR #1, Box 89M Donna Drive Mattituck, NY 11952 Bell Re: Appeal No. 3460 - Michael J. Perlmutter, M.D. Dear Rev. and Mrs. Bell: Thank you for and concerns for a hood. your recent letter voicing your position physician's office within your neighbor- As you know, the public was held on MaYch 13, 1986, were received and the public hearing on this application at which time public comments hearing was then concluded. We have been advised by legal counsel that we may not accept any other comments, letters, petitions, etc. either in favor or against an application pending before us once the hearing has been concluded. We regret that we are not able to assist you at this time and must return your letter accordingly. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN Enclosure T Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI February 12, 1986 Michael J. Perlmutter, M.D. 2035 Theresa Drive Mattituck, NY 11952 Re: Appeal No. 3460 (Variance) Dear Doctor Perlmutter: In reviewing your recent application at our Regular Meeting held February 6, 1986, the board has requested seven copies of a sketched parking plan showing a minimum of six parking spaces of a size 10' by 20' (includes handicapped space) and manuevering area. If you are able to furnish the above by February 29th, it is expected that the public hearing would be held during the Regular Meeting of Thursday, March 13th. A copy of the notice of hearings as published in the Long Island Traveler- Watchman and Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER bF SUFFOLK f NEW YORK SS: I Wood, being duly sworn, says that she is the i THE LONG ISLAND TRAVELER-WATCHMAN, ihewspaper printed at Southold, in Suffolk County; e notice of which the annexed is a printed copy, 'published in said Lon§ Island Traveler-Watchman t week for.. / weeks .'ly, commencing on the ........... ~..'~'. ...... a to before me this ..................... day of Notary Public BAKBARA FORBES lqotary Public, State of New York No. 4806846 Qualified in Suffol~ County Commission Expires ~&~ 3 / 19 ,(~J · NOTICE- c~fiitrd~:[i~'~r. 8f ~0nd-~tgr~ 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 ]OWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MARCH 13, 1986, ~nd as follows: 7:35 p.m. Appeal No. 3432- Recessed Hearing in the Matter of JOHN AND JOYCE HOLZAPFEL. 7:35 p.m. Appeal No. 345% RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Or- dinance: (1) Article III, Section 100-31, Bulk Schedule, for ex- cessive lot coverage, and (2) Ar- ' tide Xl, Section 100-119.2 for reduction in the required set- back from bulkhead and tidal waters to less than 75 feet. Loea. tion of Property: 1080 Maple Lane (a/k/n) 55 Snug Harbor Road), Greenport, Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax Map Parcel No. 1000-35-05-28. 7:40 p.m. Appeal No. 3452- PAUL FORESTIERI for Variances to the Zonin.$ Or- finance, Article I11, Section 100-31, Bulk Schedule, for per- nission to locate new dwelling s, ith insufficient front and earyard setbacks. Location of ~roperty: East End of Sound ' Clew Avenue (South End of :asbender Avenue), Peconic; 5alley Park Subdivision, Lots 1, :, 3, 4, 5, County Tax Map )areel No. 1000-67-06-004. 7:45 p.m. Appeal No. 3470- kTHANAS AND RUTH '~AMPHIROFF for a Variance ~ the Zoning Ordinance, Arti- 'lc III, Section 100-31, Bulk ;chedule for permission to con- truct addition of 190.+ sq. ft. in rea which will exceed the naximum-permitted the lot overage requirement of 20 per- eat. Location of Property: ~7195 Main Street, (a/k/a 720 ;econd Street), New Suffolk, ,IY; County Tax Map ~ No. 000-1174)g-13. 7:50 p.m. Appeal No. 3447- PUDGE CORP. for a Special Exception to the Zoning Or, dinance, Article VIII, Section deck additior 'ith an insuffi- cient frontya Jetback. Loca- tion of Property: 1625 Sandu Beach Road (a/k/a 55 Bay ' Road), Greenport, NY; County Tax Map Parcel No. 1000-43-04-45. lMM 8:05 p~m. Appeal No. 3466-"'~ ICHAEL J. PERLMUTt ~R,~ .D. for a Variance to the Zon-/ \lng Ordinance, Article III, Sec~ Ition 100-30 (C)[l](a) for petrols-. /sion to utilize premises and ad- ~, { dition for accessory home oc- '~ cupation use (physician's / in ~ar. ess of maximum-permitted / 30 percent f~st floor ama. Loca. ~ tion of Property: 2035 Theresa Drive, Mattituck; Deep Home Creek Estates Filed Map 4256, LLot 59, County Tax Map Parcel No. 1000-115-16-15. 8:10 p.m. Appeal No. 3450- ROSALIE GOWEN for Variances to the Zoning Or- dinance, Article 11I Section 100-31, Bulk Schedule for ap- proval of: (1) insufficient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels ~ proposed in this pen- ding set-off division of land located at the corners of Zena Road, Capt. Kidd Drive and Central Drive, Mattituck, NY; Capt. Kidd's Estates Filed Map No. 1672, Lots 134, 153, 154; County ~ Map Parcel No. 1000-106-02-32 and 43. 8:20 p.m. Appeal No. 3474- DAVID M. JOHNSON for a Variance to the Zoning Or- dinance, Article 111, Section 100-31, Bulk Schedule, for per- mission to construct addition with an insufficient sideyard s~t- back and in excess of nmximum- permitted 20 percent lot envemge. Location of Property~ 385 Corey Creek Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-13. 8:35 p.m. Appeal No. 3463- EDMUND PRESSLER for a Variance to the Zoning Or- dinance, Article VII, Section 100-71, Bulk Schedule, and Ar- ticle VII, Section 100-70(A)[1](d), for po'mission to utilize premises of 68,912 sq. conforming two-family dwelling and add two retail ~les/office uses in this "B-I" C~neml Bt~ si _nR.s_s_ .Z~2.n_'LBg. aI~ Lri~; _LC)c~.t_io Il of ProperS. North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-63-3-26. Wj~Y/VINEYARD~ f~r a - Special Exception to the Zoning Ordinance, Article III,Sec' 100-30(B)[14] for permissio...o establish winery use from gropes grown on the premises, located at 36225 Main Road, Cut- chngue, NY; County ~ Map Parcel No. 1000-85-02-10. 9:10 p.m. Appeal No. 3456- RICHARD AND ANITA WILTON for n Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for approval of proposed lots having insufficient area, width and/or depth in this pending division of land, loea~d at the East Side of Queens Street, Oreenport, NY, County Tax Map Parcel No. 1000-40-3-6. 9:20 p.m. Appeal No. 3466- GREGORY SIMONELLI for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of proposed lots having insufficient area and width in this pending division of land, Ioeati~d at the East and South sides of Grand Avenue, Mat- tituck, NY; County Tax Map Parcel No. 1000-1074)2-04. 9:25 p.m. Appeal No. 3475- JOSEPH H. SAWICKI, JR. for a Variance for approval of ac- cess pursuant to New York Town Law, Section 280-a, over a private right-of-way located off the South Side of Old North Road, Southold, NY; premises presently of Schaefer and iden- tified on the Suffolk County Tax Maps as District, 1000, Section 55, Block 2, Lot 4. 9:30 Appeal No. 3453- SAMUEL K.C. and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-4-1.2, con- sisting of a total acreage of 5.00. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Writ- ten comments may also be sub- mitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802)· Dated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN 100-80(B) for permission to establish one or more of the following us~s within the buildings proposed to be con- structed as shown by sire plan revised 7-9-85: professional of- ~ices; electrical contractor shop; plumbing shop; furniture repair shop; carpenter shop, cabinet shop; printing establishment; food processing; packaging of machine parts to be shipped;. such uses as allowed in this C-I Heavy Industrial Zoning District. Location of Property: East Side of Horton's Lane, Southold, NY; County ~ Map Parcel No. 1000-634)1-10. 7:55 p.m. Appeal No. 3459- 125-127 MAIN ST. CORP. (MILLS & CO.) for a Speeilff Exception to the Zoning Or- dinance, Article VIII, Section 100- 80 (B) for permission to utilize premises and construct addition for thc manufacture of sails, canvas products and related items, and office and storage area incidental thereto, in this "C-Light" Industrial' Zoning District. Location of' Property: 74100 Main Road, Greenport, NY; County T~ Map Parcel No. 100045-06-006. 8:00 p.m. Appeal No. 3465- VELIMIR AND HEDA VRANKOVIC for a Variance to ~he Zoning Ordinance, Article ~ll, Section 100-31, Bulk ;chedule for approval of the 8:45 p.m. Appeal No. 3455- KATHLEEN VARANO for a, Variance to thc Zoning Or- dinance, Article XII, Section 100-121(D)[1] for a clarification and/or correction of the inter, pretatton of the Building lnspec. tot of Condition in Appeal No. 3330 rendered by the Board of Appeals May 2, 1985 which allows no sleeping or living. quarters in thc accessory garage/apartment structure. Location of Property: 6600 (or 67~0) Indian Neck Roadk Peconic, NY; County ~ Map Parcel No. 10004)864)%004. 8:5~ p.m. Appeal No. 342t: Recessing Hearing - ESTATB OF JOSEPH ZIELONKA to be reconvened. 9:05 p.m. Appeal No. 3451. BEDELL BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1T-3/6/86(10) .' is the :HMAN, County; ..d copy, ~tchman weeks · day of 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 BOAHD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meet~ ing commencing at 7:30 p.m. on THURSDAY, MARCH 13, 1~6, and as follows: 7:30 p.m. Appeal No. 3432 - He~ ceased Hearing in thp M~tt~r ~f JOHN AND JOYCE HOL- ZAPFEL. 7:35 p.m. Appeal No. 3457 - RALPH AND LUCI1 .I .E TOCKER for permission to Article II1, Section 100-31, Bulk Schedule, for approval of: (1) in- sufficient lot area, i2) insuffi- cient lot width, i3) insufficient lot depth, of two parcels as proposed in this pending set~ff division of land located at the comers of Zena Road, Cpl. Kidd Drive and Central Drive, Mattituck, NY; Cpl. Kidd's Estates Filed Map No. 1672, Lots 134, 153, 154; County Tax Map parcel No: 1000-106.02-32 and 43. 8:20 p.m. Appeal No. 3474'- DAVID M. JOHNSON for a Variance to the Zoning Ordi: vance, Article Ill, Section 10~- 31, Bulk Schedule, for permm; sion to construct addition with an insufficient sideyard setback and in exce~ of maximtun-permitted County Tax Map Parcel No. 1000.63-3-26. 8:45 p.m. Appeal No. 3455 - KATHLEEN VARANO for a Variance to the Zoning Ordi- nance, Article XII, Section 100- 121iD)ii) for a clarification and/ or correction of the interpreta- tion of the Building Inspector of Condition in Appeal No. 3330 re- ndered by the Board of Appeals May 2, 1985 which allows no sleeping or living quarters in the accessory garage/apartment structure. Location of Property:. 6600 (or 6750) Indian Neck Road, pecomc, NY; County Tax Map parcel No. 1000-086-07.004. 8:55 p.m. Appeal No. 3421 - Re- ceased Hearing - ESTATE OF JOSEPH ZIELONKA to be re- 100-31, Bulk Schedule, for ap- proval of proposed lots having in- sufficient area, width and/or depth in this pending division of land, located at the Bast Side of Queens Street, Greenpert, NY; County Tax Map parcel No. 1000-40-3-6. 9:20 p.m. Appeal No. 3466 - GREGORY SIMONELLI for a Variance to the Zoning Ordi- nonce, Article HI, Section 100- 31, Bulk Schedule, for approval of proposed lots having insoffi- cient area and width in this pend- ing division of land, located at the East and South Sides of Grand Avenue, Mattituck, NY; County Tax Map parcel No. 1000-107-02414. ' ' 9:25 p.m. Appeal No. 3475 - ~,~ruct new dwelli~req~z.r.-_~ o~ lot coverage. Lo~t~on o~f convened. 7:50 p.m. Appeal No. ~4~. ~ .~,,o,~.385CoreyCreekRoaa, jOSEPHH. SAWICKI, JR- for 1TM6-5179 pUDGE cORP. for ~ ~t~c~ ,,a) ~t~i~ NY; County Tax Map I No 3451'- aVariance, forapprovdiofaccesS Exception to the Zonmg ors- -- ~ ~, ~-~ 9:05 p.m. Appea ' -~-' uant to Hew York Town · arcel Ho. lwn~o.- .... WINERY/¥L~- pu~S . er a fi- nance, Article VIII, Section 1.0~-. o ,, , m A~oeul No. 3463 ~ BEDE__LL~ , c~_io~ Excen- Law Section 280-a, ove.~ 80(B)forpermmSiontoestabl~sh [~i~D--p~S~LER for a EYARl~.~l°r.a '~'~an~ ~~. vateright-of-waylocated°.~m.e one or moreofthe f°ll°wing -ulse~'Y~ ...... the Zomng Ordi~ tion~,~e~.~m;,n~Kr~'~Bi/14) South Side of Old North~ ~oaa, vathin the braidings p ,P~_.. I~.~ Article VII, Section 1.07 - --:~ian establish wm- Southold, ; nlsn revised %9-85: profesmonm,;~, _ ,. , ~n ~r~AI/1)(d), for ery use lrom gl-ap== ~o~ ~.i~ ~n the Suffolk County Tax blap6. shop; plumbing shop; torm~ureiaol~ f~inareaasacontmu' ~'?o~- -~[~^ 1000-85-02- Block2, Lota. repair shop; carpenter shop, ~,,~-- ~orming t~-family Tax Map l~arce ..... - -' . 3453 ment;foedproc~sin~pac,k.agi~_l,~ceus~inthis~B-! General _.9:..I~0~p~n~AlqD~AW]~. S -AI~!~-~--,,K'~oPpER for a tnct. Locatmn of Property. ~, side of norton's Lane, Southo.~, { NY; County Tax Map parcel 1000-63-01-~0: [MD. for a Varmnce to the Zon- ing Ordinance, Article HI, ~ lion 100-30(CX1)(a) for per~?- / sion to utilize premises and addi- / lion for accessory ,h_ome c~cupa- / ~ lion use (physician s office) m ex- / } fu~ttloorarea. Locatio.nofProp- \ ] erty: 2035 Theresa Drive, Mat- \ Filed Map 4256, Lot 59, County ROSALIE GOWEN for Vari- (continued on next page) ~a-ticle III, Section 100-31, Bml~ Schedule, for approval of prop- osed three lote having insuffi- cient area and width located along the west side of Indian Neck Read, peconic, NY; County Tax Map Parcel No. 1000-86~'- 1.2, consisting of a total acreage of 5.00. The Board of Appeals will hen~ at said time and place all perso or representatives des~rmg to be heard in each of the above mat- tsrs. Written commentS may also be submitted prior to the conclu- sion of the hearing in question. For more information, pleasa call 765-1809 (alt. 1802). Dated: March 4, 1986 BY oRDER OF THE sOUTHOLD ToWN BOARD OF APPEALS GERARD P- GOEHRI~GER, cHAIrMAN STATE OF NEwYORK ) } SS: coUNTY OF SUFFOLK ) Mary K. Degnan .ofGreenport, ln 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 ia a printed copy. has been regularly published In said Newspaper once each week for weeks successively, commencing on the 6 dayof ~_rch 19--8'6 // "~rl,~palClerk . . .. ,/,~ ANN M. ABATE APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals NIAIN ROAD-STATE ROAD 2S SOUTHnLDo L.I., N.Y. 1ICJ'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE 31..~),..:~g1~ ..... · ~t.t.:l..b~ml* ..................................................................... Ne~..¥e~k... .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~, .............................. ~ ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) r~ame or App,caht for permit of ..il0_'~i~i..~e~9~... b~Ave..Ne~.~,ituck..: ...NeW...¥~rk...l.l 9.~ ....... ._. ............................. Street ana~umDer ~umcipamlty State PERMIT TO USE PERMIT FOR OCCUPANCY -- Fe~mi~ S~ buiid .ddicion for use as m.~i~! ~££i~ uf ~,.~ 1. LOCATION OF THE PROPERTY~35..~e~es~.~.,..~.....~..~'~..~...J.~ ...... Street Use District on Zoning Mop Section Z J5 B~k 16 ~t J5 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 ( X ) 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 prope~y. Such appeat 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 is requested for the reason that The requested gO0 sq. foot addition for uae aa medical office of owner :La 189 sq. feet latimer than that allo~ed by 30 :~ of main floor area. Areq requeete ia the minimu~ area necessary for proper conduction of said ~edical office, Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the strtc~ enforcement of the extstinL ordinance wonl.~ allo~ only for space inthe amount of 630 square feet, which would be 30~ o~. the exlotin8 ~loor area if the addition were to be built witht.u the existing .:.rdinance. Such an area would be too small to contain all the necessary requir~ts of the medical o!ficeo Careful plannin8 end efficient use &f oimce would make 900 sq. ieet enough area to Met ~e minlaun area needed for uitin~ room, patient e~m4uation roms and laboratory space. Also included would be the necessary office maintenance space and bill~fla/accountin8 areas, which would also contain the reception ama. In addition, the above space is neceoeary to meet all requirements for door- ways, ha&lmaye and ~dteelchair-eccesoible bathroom, as required by law for the handicapped. 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 Notation is made that there are no other medical offices in the area, thus nothin8 stellar is possible to compare with this hardship. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The addition Fill conply to all buildin8 requir~A~ts and will conform to the exietins style of constructio~, includins materials and dimensions. STATE OF, N ~__~/YO,~RK ) ) ss Signature BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter orthe Petition of : MICHAEL J. PERLMUTTER. M.D, : : to the Board of Appeals of the Town of Southold : TO: SOUTHOLD TOWN BOARD COPY 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) (.~]?~[i~iI(~qI~R~K,~J[~I[~,ejRdX~Ae~[i~X (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: One family hn,,~e: primary roe~d~n~9 of 9,.,R~_r ~_l~_ petitiencr, on a half-acta Iht_ ............ ~11mt~d nn Thorsen Drive, u~+4~,~u, ~y 3. That the property which is the subject of such Petition is located in the following zoning district: County Tax Map #1000. Section 115 Block 16 Lot 15. ~,bdivision Deep Hole Cree~ . Estates, Filed Map #4256 Lot #59. 4. That by such Petition, the undersigned will request the following relief: Allowance to build an addition of 900 sq. feet for use as medical office of the owner. ~mld mddition wl]] exceed allowed 30% of main floor area by 189 sq. feet. Area is minimum possible for proper and necessary use of said medical office of owner. Request allowance of saidarea. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Sect~0n ZS0-A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing· Owners ' Names: Hich~,=l .T_ Post Office Address 2035 Thereaa Drive · t U Matt~tuck, NY a 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 329 227 RECEIPT FOR CIERltFIED P 329 227 RECEU) f FOR CEP, TiFIE[) P 329 227 532 RECEiP~ I~C, i4 L:C.R[~FI~i; MAiL p 329 227 530 T' ~/'~ , residing at ,~__~-.:~'-~ ? rc~s% .f C ..... ~ ' ~ ~ ~ .... being duly sworn, deposes and says that on the ~ day of ~ ~ , ~ , deponent mailed a true copy of the Notice set forth on the re- ver~ side hereof, directed to'ach of the above-named pe~ons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsment rol~f the Town of Southold; that said Notices were mailed at the United Statm Post ~- rice at , ~ ~ ~ [~, ~ ~. that said Notices were mailed to each of aid persons b~ (certified) (registered) mail. Sworn ,og~fore me this ~'~ day of -~,~ ~ ~.<~. ,r~ ,J'9~ Notary Public side does not have to be completed on form transmitted to adjoining owners.) 31 January 1986 (Today's Date) To: Re.: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Michael J. Perlmutter, M.D. 2035 Theresa Drive Mattituck, NY 11952 Dear Sirs: In reference to the New York State Tid~l Wetlands I, and-U.~e Re~julations, 6 NYCRR, Part 661, and Article 25 of the ['~ew York State Environmental Conservation Law, please be advised that the subject prcperty i,n the within appeal application: (please ch~.~ck cme bo:<) [ ] May be located within 300 feet of tidal however, con.qtructed along the water-lyinq ed~c of this property is a bulkhead in very geed condition and at le,!'~st ].0(3 feet in length. [ ] May b'e located within 300 feet of tidal wetian¢i:3; ho;.;ever, constructed along the Water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 3.00 feet of tidal wetlands; however, constructed along the water-lying edge of this pr~perty i~ a bulkhead less than 100 feet in length. May be located within 300 feet of tid~i wetlands]; and there is no bulkhead or ccnc_~_e wall e:<is~ng ~on the premises. -[XX] Is not located within 30(] feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does not appear to fall within tile jurisdiction of the N.y.C.D.E.C.] Sincerely yours, NOTE: If proposed project falls witg~in D.E.C. jurisdiction, approval must be received an~! submit(:6d to our office before your application can be scheduled for a public hearing. , .Y.~. L)vlronment. l Quality t(:vmow Act requires sub- mission of thjm~ form. and an environment, review will be made by this I~)ard before any action is ken. I..~:~ ST~ ~ ~'T ~. r, ~, S ~ (a) In order to shower the questions in this short gAF ia ls a~zmed that the preKarer will use c:rrentl? available l~fo~r,.~tJcn concerning the project ~nd th. l~ely ~ct: of the action, I~ l~ not e~ected that additional =tudlo~ research or ct~er l::ves~lgatlon~ w~l be ~dortakon, (b) If any queetion hms been answered Yes tho proJoc~ ~7 be =l~lficant"and ccr. ple~ed Env~rc~en~al Assessment Fo~ is necessary. (c) ]~ a~ ques~on~ ~ave been ana~ere~ ~o ~: ~ ~e2y ~ t~ proJec~ nc~ ~gn~f~cant. (d) ~v~rom:ental 1, W~I pro~ec: re~t Sn a large phg~tcal c~mnge Lo the project ~:e or physically a~ter mor~ 10 acres of land? , , , e , . . , · * Ya~ - 2. Will there be a ~Jor change to any ~que or unusual lan~ fo~ fo~ on the 3lte? . ,.. Ye~ .~ No ~. W~i pro~ec: alter or ~ve a large effect on an existing, body of water? . , , , , · · Ye~ L. W~i pro~ec: h~ve a po:on:lall7 large ~cb on ~o.~dwater quality? · · · , · · · , · Ye~ ~ No ~, W~I project mt~ific~ntly affect drainage ~ on adjacent sites? ' ' · · , · · · Yo~ 6, Will project affect any ~estened or endangered plant or an~.~l ~pecles? , , . , . , · · ... Ye~ ~ 7, W~I pro~ect reset In a major adverse effect on air quality? · · · , · · · , · Ye~. ~ No 8, W~i project have a major effect on visual ac:er of the Co~mu~ltM or scenic viewe or kno~ ~o be ~portant to tho community? · , · ~ Yes ~ No 9. Will p~oJect adversely ~pact any mite or st~c~ ute of hl~toric, pro-hi~toric~ or palbontologlc~l ' im~ortance or any site dominated as a critical ' ' emvironmen~l area by a local agency? · · · .. Yes ~ No 10. W~I project have a mm Jot effect on oxi~t~g or future recreational opport~itioo? · * * Yes Wlll project result in ~jor traffic problems or cause a major effect to ex~ting 12. 'gill pro Joe: reg~arl7 cause objectionable odor:, nol~e, glare~ vlbratlon, or electrical dintur~ anco an a reset of the proJect'~ operatkon? . Yes No WIll project have any impact on pub].lc health or safety'~ ' * ' * · ' * , * * * Yes IL, Will project ~ffect the existing co~unity by directly causing a growth xn ~ermanent pop~a- tlon of more t~an 5 percent over a on,year period er have a major ncgatxve effect on tr.e charact~. Of the cormun:ty :r neighborhood~. , Ye~ 15. Io there p~llc c~nrr~v~s~c~ern:n~ the project~ Yes ~ No