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Home My WebLink About3563 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD '~5 SOUTHOLD, L.I., N.Y. 11cj71 Appeal No. 3563 Application Dated TO: Mrs. Rita F. 83 Algonquin Massapequa, ACTION OF THE ZONING BOARD OF September 29, 1986 Gledich Avenue NY 11758 TELEPHONE (516) 765-1809 Town Clezl~, Town of At a Meeting of the Zoning Board of Appeals held on N0vember 3, ]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 1 Request for Special Exception under the Zoning Ordinance Article , Section Request for Variances to the Zoning Ordinance Article X! , Section ]00-]19.2(8) Article III, Section 100-31, Bulk Schedule Request for Application of RITA F. GLEDICH for Variances to the Zoning Ordinance, Articles III, Section 100-31, Bulk Schedule, and XI, Section 100-119.2, for permission to construct open deck and dwelling additions with: (a) total lot coverage in excess of maximum-permitted 20% of lot area, and (b) an insufficient setback from tidal wetlands and highwater mark along Eugene's Creek, at the East Side of Oak Street, Cutchogue, NY; County Tax Map Parcel No. 1000-136-1-46. WHEREAS, a public hearing was held and concluded on October 22, 1986 in the Matter of the Application of RITA GLEDICH under Appeal No. 3563; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an application for Variances from the Provisions of: (a) Article XI, Section lO0-119.2(B) and (b) Article III, Section 100-31 for total lot coverage of 26.8%, in order to construct a 900 sq. ft. one-sto~y addition and 375 sq. ft. deck addition along the east side of the existing stucco dwelling structure, with a proposed setback at not less than 50 feet to the ordinary highwater mark along Eugene's Creek (at its closest point). 2. The premises in question is a substandard parcel consisting of "Lots 20 and 21"of "Map of Eugene Heights" filed in the Suffolk County Clerk's Office as Map No. 856. The lot area is 6100± sq. ft. and has a frontage along the (CONTINUED ON PAGE TWO) ~ , DATED: November 3, 1 986. , UTHOLD TO~ ZONING OF APPEALS Form ZB4 (rev. 12/81) BOARD Page 2 - Appeal No. 3563 Matter of RITA F. GLEDICH Decision Rendered November 3, 1986 east side of Oak Street of 50 feet, average lot depth of 122 feet and frontage along Eugene's Creek of 50.16 feet (along a tie line). 3. The subject premises is located in the "A" Residential and Agricultural Zoning District and is improved with a pre-existing, nonhabitable building as evidenced by Certificate of Occupancy #Z9455 issued March 6, 1979. 4. Submitted for the record is a survey prepared by Roderick VanTuyl, P.C. of October 23, 1979 certifying the metes and bounds description of this parcel and the contours as taken from the Suffolk County Department of Public Works aerial survey (shown September 30, 1986). The area of the proposed construction is landward of the existing lO ft. contour. 5. Article XI, Section 100-119.2(B) requires all buildings proposed on lots adjacent to tidal water bodies other than the Long Island Sound at not less than 75 feet from the ordinary highwater mark. 6. Article III, Section lO0-31 of the Bulk Schedule of the Zoning Code requires a maximum lot coverage of all structures at 20 percent of the total lot area. Twenty percent of the total lot area of this parcel is 1220 sq. ft., and the total proposed lot coverage would be 1635 sq. ft. A variance is required in the amount of 415 sq. ft. over the allowance. It is the position of the board that the lot coverage is excessive and is not the minimal necessary, and therefore a reduction to 24% (total) would be feasible and within the spirit of the zoning ordinance. 7. The board agrees that the configuration of this parcel lends to the difficulties requiring this variance and finds that the relief as granted will be the minimum necessary under the circumstances. In considering this appeal, the board also finds and determines that the granting of the relief as noted below: (a) will not be inconsistent with the general neighborhood; (b) will be the minimal necessary under the circumstances; (c) is not substantial in relation to the requirements; (d) will not create a substantial change in the character of the area; (e) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (f) will serve the interests of justice. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Variances BE AND HEREBY ARE GRANTED in the Matter of the Application of RITA GLEDICH for permission to construct dwelling a~d deck additions to existing structure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the Ordinary highwater mark not be less than 50 feet (as applied); 2. That the total lot coverage for all structures shall not exceed 24% of the total lot area; 3. That the sideyards be not less than seven feet at the north side and not less than 15 feet at the south side (as applied). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the So~thold Town Hall, 'Main Ro~d, Southol'd, NY ~at a Regular Meeting commencing at~7:30 p.m. on WEDNESDAY, OCTOBER 22, 1986 and as follows: 7:35 p.m. Appeal No. 3538 Reconvene Hearing JEFFREY BETTANCOURT. 7:40 p.m. Appeal No. 3464 TED DOWD. Variances to the Zoning Ordinance, -Articles III, Section 1~00-31, and XI, Section 100-11~9.2 for permission to locate new si-ngl-e-family dwelling: (a) with an i~sufficient frontyard setback, ~(b) with an insufficient sideyard setback, A(c) with an insufficient rear- yard~setback, (d) with total' lot coverage ~n excess of maximum-permitted tidal wetlands. Marion; County (e).with insufficient setback from Location of Property: -350 Rabbit Lan~, East Tax Map Parcel No. 1000-31-18-8. 7:45 p.m. Appeal 7:50 p.m. A~eal No. 3552 ;'JOHN SEN~O (by G. Strang). No. 3567 ;'THOMAS WICKHAM. Variance"to the Zoning Ordinance, Article XI, section 100-119.2 for permission to construct addition to dwelling within 75 feet of wetlands.'and highwater mark along the West~Si~e of West Creek Avenue; Cutchogue, NY; County Tax Map Parcel No. 1000-.103-13-10. ~7:'55 p.~, Appeal No. 3~63 ~i'~"G~E~iCHi~ ~ari'ances //to the Zoning Ordinance~ Articles III, Section 100'31, Bulk Schedule, and XI, Section 100 119.2, for permiss'ion to construct~ dpen deck and dwelling addi'ti~n~ with: (a) total lot coverage in excess of maximum-permitted 20% of lot area, and (b) an " insufficient setback from tidal wetlands and high~ater mark along Eugene's Creek, at the East Side of Oak Street, .Cutchogue, N~ ~County Tax Map Parcel No. 1000-136-1-46. 8:05 p.m. Appeal No. 3550 JOSEPH AND LINDA SCHOENSTEIN. Variances to the Zoning Ordinance, Arti-cles: (a) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light Business" Zoning Distridt; (b) XI, Section 100-119.2(B) for permission to construct new building Page 2 Notice of Hearings Regular Meeting - October 22, 1986 Southold Town Board of Appeals and expand nonconforming welding business use within 75 feet of wetlands area, at premises located along the south side of Main Road, Greenport, NY; County Tax Map Parcels No. 1000-53-2-12~ 13~ 15.1 (15); Lots 172~ 173, 174, Peconic Ba9 Estates Map No. 658, and Map No. 1124 as Amended. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. ~For more information, please call 765-1809. Dated: October 2, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD.OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalsk~, BQard Secretary Copies~ to the following on or about 10/9/86: Mr. J. Bettanco~ur~, 417 West 21st street, NY, NY lOOll Mr. T. Dowd, Box 2~2, Rabbit Lane, East Marion, NY 11~39 Mrs. Harriett Moor, 34-20 83rd St., Jackson Heights~ NY 11372 Mr. G.A. Strang, Agent for John senko,' Box 1412, 'Southol'd, 'NY 11971 Mr. J. Wickham, Agent for Thomas Wickham, Ma'in Road, Cutchog~e, NY Mrs. Rita F.~Gledich, 83 Algonquin Avenue, Massapequa, NY 11758 S.R. Angel,~ Esq., for the ~pplicants, Box 2793 108 Eo Main St~ Riverhead J.K. McLaughlin, Esq., Crepnesenting opposition), 828 Front St, Greenport i1935 Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board ZBA Offic~ Bulletin Board ZBA Individual Files ZBA Members FORM i~O, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE rAKE NOTICE that your application dated .; .~~...~r.2:-.. ..... , 19..~.~,, for permit to o~e,..~..'~.,~.' .~,...~1~.~...~..c~.. ~ ..................... at Location of Properly County Tax Map No. 1000 Section .../.~ ¢. ..... Block ...... a .I ..... ~t ..g.~ ......... Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUIEDING INSPECTOR TO THE ZONING BOARDT~,4~i~WN OF SOUTHOLD, N. Y. APPEAL NO. ~'~ '~--/'~ DATE -,,~'~.....~.,~.,,...../..?...~. ~ ........... ................... Street and Number ....... .~....~...~..~....~..~..x-~.~.~..L~. ............................... ././.~..~... ............... .~...~t~.c~~ .......... HEREBY APPEAL TO / Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .......... ........ ....... ..... Name of Applicant for permit ....... Street and Number Municipality () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION Of THE PROPERTY ..~Z~..`7...q...?....n~.~~``~...~./...~`.~`E~...`/~...~.~..Z7.~.~..~..~..~7......~/~.`.~..~....//~- Street-- ~'' "---Use District on Zoning Map f3(,;- J- .................................................................................. Current: Owner Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State o( New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~,~s) (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 SDeciol permit ( ) request for o 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 ~./~- Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficuJtJes or unneces- sary HARDSHIP because ,,~'..4.,¢.~ .,~ t-,~,-.'~ .,~... /~c.~...~-~/'.z.~ ~/~.~ ~ 2 vicinit_ of this property end in this use district because The hardsh ~ created is UNIQUE and is not shared by aH properties alike in the immediate 3. The Variance would observe the spirit: of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because,~-u~'~-,~ SS Signature Sworn to this ......... ~..2. .............................. day of .................... 19 '(~ TOWN OF $OUTNOLD P~OPERTY RECORD CARD OWNER STREet V~LL~GE D,STR~CT SUB. LOT-~,Z~ --~/ It, __ S E W ACREAGE TYPE Of BUILDING FOR~ER OWNER LAND IMP; TOTAL DATE j REMARKS NORMAL Acre BUILDING CONDITION AGE NEW BELOW ABOVE FRONTAGE ON WATER Farm Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 : . DOCK Tillable 3 Woodland Swampland Brushland House Plot I Total Ex~'ension Extension Extension Basement Ext. Wells Bath Fire Place FJoors jlnterior Finish Heat Porch Roof Type Breezeway Gare e Porch Reams 1st Floor Patio Rooms 2nd Floor Driveway Dormer HENRY P. SMITH, President JOHN M. BREDE~EYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN ~. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 I971 March 27, 1987 TELEPHONE (516) 765-1892 Mrs. Rita F. Gledich 201 South Collier Blvd. Apt. 206 Marko Island, Florida 33939 Re: Oak Street, Cutchogue, New York Construction of dwelling & deck additions to existin~ structure Dear Mrs. Gledich: The following action was taken by the Board of Trustees during their regular meeting held on March 26, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees Ai~END their previous determination declared on January 29, 1987 as follows: Ail cesspools are to be located 75' landward from the H.W.M. and be it further recommended that you take this opportunity to upgrade the sanitary system prior to the start of construction on property located at 450 Oak Street, Cutchogue. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS;ip cc: Bldg. Dept. Board of Appeals Trustees Mr. Mike Romeo file OUTHOLD TOWN BOARD OF APPEALS MATTER OF RITA F. GLEDICH THURSDAY~ OCTOBER 22~ 1986 PUBLIC HEARING 8:02 p.m. Appeal No. 3563 - Public Hearing commenced in the Matter of RITA F. GLEDICH. Variances to construct deck and dwelling additions with: (a) total lot coverage in excess of maximum permitted 20% of lot area, (b) an insufficient setback from tidal wetlands and h±ghwater mark along Eugene's Creek. E/s Oak Street, Cutchogue. The Chairman read the legal notice and application for the record. CHAI~4AN GOEHRINGER: Next appeal is on behalf of Rita F. Gledich. I keep on being tongue tied by this one. I have no idea why. I have a copy of a sketch of a survey indicating an~ addition of approximately 41 by 25 to the existing house which is 18 by 20 which sits approximately on the road showing a distance from the normal high water mark of 48 feet. And I have a copy of the Suf- folk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? Would you like to say anything for the record? Could you use the mike. We always ~ave a couple of questions. Going down there, I noticed that there is a neighbor that has a rather large deck elevated above their property and~they're somewhat closer ~o the water than what you're requesting. I don't remember if it was to the right or left of you however. I did look at a couple of the other houses in the area and I noticed that some of them had ground level decks. Is this going to be an elevated deck? Will it be elevated above the ground on the same level of the house? MRS. GLEDICH: Yes. I think that's our plan. CHAIRMAN GOEHRINGER: Will it be roofed in any way? MRS. GLEDICH: No. CHAIP~LAN GOEHRINGER: Ok. The reason why I'm asking that question is because the house, of course, is going only going to protrude, or the proposed addition to the house is going to protrude 36 feet from the existing dwelling. However, the deck is the area that is of most concern because that places it that much farther forward. Is there anything else you'd like to say for the record? Other than your hoping. MRS. GLEDICH: I'm just hoping that we get this and don't have any problems with the variance. CHAIRMAN GOEHRINGER: We thank you very much for coming in. Is there anybody else who would like to speak in favor of this appli- cation? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I make a motion closing the hearing and reserving decision until later. Nadia Moore Page 2 - October~, 1986 Public Hearing of'~ohn Senko Southold Town Board of Appeals MR. PATES: So you'll reschedule it now if it's granted. Thank yo CHAIRMA~GOEHRI~C~.-- R%ghto Is there anybody els~ that would like to kpea~ncerning, the ,S~ko hea~ing prior to granting of a recess ~the Board so~eS~res? Hearing no further comment, I'~l~m~motion recessing the hearin~ to the next regularly scheduled h~ring appr°xima~e date sir Zs November 20° A11 ~ favor Nadia Moore HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres.' PHILLIP J. GOUBEAUD ALBERT KRUPSK1, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 26, 1986 TELEPHONE (516) 765-1892 Mrs. Rita F. Gledich 83 Algonquin Avenue Massapequa, New York 11758 Dear Mrs. Gledich: The following action was taken by the Board of Trustees during their regular meeting held on December 23, 1986 regarding your Wetland Application No. 462. RESOLVED that the Southold Town Trustees Table the Wetland Application submitted by Rita F. Gledich to construct an addition to an existing residence on property located on Oak Street, Cutchogue until the comments from the Conservation Advisory Council are received. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Please note that the Trustees will be meeting on January 29, 1986, hopefully the Board will have the C.A.C. comments and will be able to move on your application at that time. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip DE:PARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK PETER F, COHALAN November 21, 1986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) /Rita F. Gledich Mr. Thomas Wickham Municipal File Number(s) 3563 3567 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RI}AD- STATE RI}AD 25 SnUTHI}LD, l.l., N.Y. 11971 TELEPHONE (5161 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article×i , Sectionzoo-119.2(B) Article III~ Section 100-31, Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit and Appeal No.: 3563 Applicant:Mrs. Rita F. Gledich Location of Affected Land: 'Oak Street, Cutchogue, County Tax Map Item No.: 1000-136-1-46 Within 500 feet of: Town or Village Boundary Line X× Body of Water (Bay, Sound or Estuary) NY State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Exi. sting or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to ~D~t~_~c~_o._!oen deck and dwellln~ addi~inn~ with total lot ~ver~g~ in 20% of Iot area and an insufficient setback from tidal wetlands and highwater mark Copies of Town file and related documents Dated: Nov. 20, 1986 Secretary, Board of Appeals Southold Town Board of Appeals MAIN RDAD- STATE RI'tAD 25 ¢:rlUTHI3LD, L.I., N.Y, 'llCJ?'l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI November 14, 1986 Mrs. Rita F. Gledich 83 Algonquin Avenue Massapequa, NY 11758 Re: Appeal No. 3563 (Variances) Dear Mrs. Gledich: Enclosed please find a copy of the official findings and determination rendered on November 3, 1986 by the Board of Appeals a~d filed this date with the Office of the Town Clerk concerning your application. Please be sure to return to the Building Department for amendments to your building plans and issuance of a building permit before construction. If you have any questions, please don't hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission £X l S.r l /l/ ¢. . ~ NOTIcE i~ HEARINGS ~mitted 20% or:lot area, a~nd NOTI('E IS HEREBY I 1bi an insufficient setback [Yom[ ..... k~ ~ursuant ~tiun 267 ~,.tidal wetlands and ~ighwater[ or the Tow. ~ a.d the Gede of f~'~ark~along.Eugene~ ~rvk, at~ :ebe~ownot~uthold thefidlo~- F'the East S~de of ~a~ ~treet. hy the 80~HOLD TO~ ~, M?Par~IN0. l~0-136-1-46. BOARD,OF APPEALS at the ~' 8:05 p.m. Ap~al No. 3550 - ~uthol~ f)wn ttall, Main ~ ad ~SEPH . AND I.IN~ ~t~0~ NY at a Regu a~ M~t- '-;$ :~8CBOENSTEIN- variances ~ng ~&mendng at 7.30 p m on .'?; the Zbnin~ Ordinance, Articles: .WEDNESDAY, OCTOBER 2~ ~;;' (E) VI, ~ti.n 1~-60 for 'd i9~ and as,follows:, ~:~' ~, '~ ,~'Z Mi~ion ~ expand ~nvene Hearing - JEF* th~s B-L,ght Business Zoning FREYBE~ANCOURT. District; (b) Xl, ~ction 1~)- 7;40 p.m. Ap~al No. 3464 - I I9.2(B) for ~rmi~ion U) con- TED DOWD; Vgriances ~) the :?stmct new buiIding and expand Zoning Ordinance, ~icles Ill,. >~mconibrmingweldingbusine~s e.~..io. ~ 1~;31 and Xl. , ~ct ( n . u~'.. within 75 feet of wetlands 100 119.2 ~r'~*rmission to lo- * ar~a. at pre~!scs h~d along ~tene~singlc. family dwelling: ,: tbe south s~de of Mmn Road Green~.'t, NY; County Tax Iai .with an insufficient front- yard sett;hck ~(~1 With an insu5 ficient,, ~]deyard ~tback, lcl with an insufficient rearya~ setback, ' .,(d) ~ith to~i lot coverage in ' :cass of . maximum-permitted 20'~, ge~ with insufficient set- hack from tidal wetlands. ~a- larcels No. 1000-53-2-12, 13, 15.1 (15i;~ Lots 172, 173, 174, pecnnic Bay Estates Map No. .658. and Map No. 1124 as The Board ,~lC ~Apl~eals. W!II · hear at safd tithe *~nd place all per.ms or representatives deslr- Lane. East Marion; County Tax lng to be heard in each of the Map Parcel No. 1000-31-1g-8. above hearings. Written eom- 7:45 p.m. Appeal No. 3552 -ments may alsn be gubmitted JOHN SENKOIbyG. StrangL prior to thc conclusion of the 7:50 p.m. A ~ ~eal No. 3567 - 4~ubject hearing. Yor;.mpre inf~r · THOMAS WlCKHAM. Vari- :?.(mation p eas~ca 765-1809. ante to the Zoning Ordinance, ~f!'Dated:Oet°l~?2~1966. ~i; . Article Xl. Section 100-119.2 for .,~ ~:; · ~:'~ BY ORDERO~ permissiun to construct addition THE SOUTHOLD ..... FOWN BOARD to dwelling within 75 feet of wet- !, '::' ' ~ OF APPEALS lands and highwater mark abmg the West Side of West Creek Ay- GERARD P. GOEHRINGER, anus, Cutehogue. NY; County . cHAIRMAN 'Tax Map Parcel No. 1000-103- - Linde ~owalski, [:t- 10. Board Secretary /R7:55 p.m..A, ppeal Nn 3563 -'~ 1TO16-5384 ITA F. GI:,b~DICH. Variances~.. to the Zoning Ordinance, Article] I , Sect ~ n 100-:11, Bulk_/ Sch(~dule, and XI, Section 100-~' 119.2, h~r permission to con- ~I'ATE OF NEW YORK ) ) ~: COUNTY OF SUFFOLK ) Carol Sgarlata . of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weakly Newspaper, published at Greanport, in the Town of Southold, County of Suffolk and Stats of New York, and that the Notice of which the annexed is a printed copy, has bean regularly published In said Newspaper once each week for one weeks successively, commencing on the 16 day of Cc ~ 19 8 6 / Sworn to bef ma this ~ davof ~-~ 19---~--~.~ /? ·//) MARY K. D£OHAI~ /~'~.. ~/(' ~. ~ NOTARY PUBLIC State of New Yorl -~/---/"~/I · ~'-"'~'~ "'~'" ~ Suffolk County No. 4849860 ~ / ' ~ Term Expires February~/~9~ NOTICE OF HEARINGS 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 $OUTHOLD · IDWN BOARD OF APPEALS : 'at th,* Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on WEDNESDAY, OCTOBER 22, 1986 and as follows: ~ 7:35 p.m. Appeal No. 3538- Reconvene Hearing- JEFFREY BETTANCOURT. ?:40 p.m. Appeal No. 3464- TED IX)WI). Variances to the Zoning Ordinance, Article III, Section 100-31, and XI, Section 100-119.2 for permission to '~ locate new single-family dwell- lng: (a) with an insufficient fron- ' tyard setback, (b) with an insuf- ' ficient sideya.,d setback, {c) with '~an insufficient rearyard setback, (d) with total lot coverage in '.cess of manimum-p~rmitted 200/0, (e) with insufficient set- back from tidal wetlands. Loca- ~ ~; tion of Property: 350 Rabbit Lane, East Marion; County Tax .t Map Parcel No. 1000-31-18-8. 7:45 p.m. Appeal No. 3552- JOHN SENKO (by G. Strang). 7:50 p.m. Appeal No. 3567- THOMAS · ~WICKHAM. Variance to 'the Zoning Or- dinance, Article Xl, Section .. 100-119.2 fol' p~rmission to con- :~truct "~ddifi0n 't6 dwelling 1%: Within 75 fee~ of wetlands.and · : ~.Aiighwater mark along the West" '. ~ S.!de O rV,~st Cmek a~enue. Cut. · . chogue, NY*; County ~ MnP No.. i03-' O. /., 7:.5~ p.m. 'Al~peal N~ 3563-' \ ~' RITA Fe GLI~ICH. ¥~riances ; :'to the Zoning OI~a~{ce, Ar- i~cles m; Secii0i?¥~0-~l, Bulk :~ Schedule~ and.'Xl, Ses:tion. ;?. 100-119 2~ for ~ion to con, 'struct oPen'deck and dwelling ' additiOnsTwith:: (a)total lot "~'i C°Vera~C in excess 07 maximum / · ] p~rmitted'20~ of lO! area,.and ~ /: (b) an lnsiifficieht'setback from / tidal wetl~mdi' and highWat~r ~ ' mark along Eugene's creek, at .4 the Fast'Side of 'O~tk' iStre~t ' Cutchogue, NY; CoiintY Tax Map Parcel' No. 1000-136+46. "-~. 8:05 p.m. Appeal'NO. JOSEPH AND LINDA': ' lo i the Zoning Ordinance, Articles: (a) Vl; .Section.. 100-60 for per. miSSion to expand nonconform.. / ins use of welding business in ' this "B-Light BusineSS, Zoning District; (b) Xi, S~.ction 100-119 2(B) for permission tO construct new building and ex- ' pand nonconforming Welding business use Within 75 feet of .wetlands area, at premises located alqng the io~th side of Main Road, Greenport, NY; County Tax Map ParcelsNo. 1000-5~-2-12, 13, 15.1 (15); Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- mation, please call 765-1809. Dated: October 2, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, iUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG 15LAND 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 .......... ./.~/, .z~., ..... day Sworn to before me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4506846 Qualified in Suffolk County Comrni~ion Expires~. :~ / 19 ec"~' $outhold Town Board o£ Appeals MAIN RDAD- ~TATE RI'tAD 35 6OUTHEiLD, L.I., N.Y- 11g'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS October 22, 1986 GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, .JR, S .'Fl..Q .l~.A, SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH. SAV~ICKINotice of Determination of Non-Significance_ APPEAL NO.: 3563 PROJECT NAME: RITA F. GLEDICH 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 r---~asons 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: [ ] Type II ~ ] unlisted [ ] DESCRIPTION OF ACTION: Construct deck and dwelling additions with total lot coverage in excess of maximum-permitted 20% of lot area and insufficient setback from tidal wetlands and highwater mark LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: E/s Oak Street, Cut~hogue,_NY S SUPPORTING THIS DETERMINATION: REASON( ) ........ in the short form has been (1) An Environmental Asse~=~L,=-t adverse effects to submitted which indicates that no significant the environment are likely to occur should this project be imple- mented as planned; (2) Location of new construction under consideration herein is landward of 10' elevation contour; and no disturbance of land seaward of the 10' contour will occur. FOR FURTHER iNFORMATION, PLEASE CONTACT: Linda Kowals~i, 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. NFS'! TORII STATE DEPAR~iF2~ OF ~'VIRO[51ENTAL COtliERVATIOM Regulatory Affairs Unit Bldg. 40, S~--P. otrm 219 Stony Brook, ~ 11794 (516) 751-7900 Dear ~4r~, ~le~ich A teviei~ has been ~ade of your proposal to: York 5tare ~c~art~en~ of Envirom~ental Conservatio~ baa found the parcel ~ ~ro~ect ~o be: Greater thaa 3~~ from i~ventoried tidal wetlands. Landward of a substantial man-made structure, greater than 100' in lenith constructed prior to September 20, 197~, tand~ard of 10' contour elevation above mean sea level on a gradual, ~atural slope. Landward of topographical crest of bluff, cliff or dune in excess of 10' in elevation above mean cea level. Therefore, no permit under Article 25 (Tidal ~etlands of the Environmental Conservation La~) is required at this time since the current proposal is beyond State mandated Jurisdiction pursuant to this act. ~l~ever, any additional ~ork or modifications to the project ~ay ~equire a permit. It is your responsibility to notify this office, in ~rriting, if such additional work or modifications are contemplated. Very truly yours, Alternate Permit Administrator CT~t:DDRIco's " 1 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 29, 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. 3~3 application of Rita F. Gledich for a variance. Also included is Notice to Adjacent Property Owners, Notice of Disapproval, Short Environmental Form; letter relative to NYS Tidal Wetlands Land-Use; survey; and plans. Judith T. Terry Southold Town Clerk TOWN OF $OUTHOLD, NL~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, .................... Name of Appellant Streetand Number ....~....~....~'.~....~.....~..~.~....~....~. ............................... /1../~-.. ......... Stt~"~":~'~": ....... HEREBY APPEAL TO / Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ........... ....... ............. Name of Applicant for permit ...... Street and Number Municipality Stat~ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...`~..~.~..~....~?~../~.~..~.7.../~.~.~.~.&....~....7...~..~...~T~..~..i~f~...~..~/./9 ~J-- Street Use District on Zoniffg Map ...... (...~...~....--.....!...~.....~.....~.. ...................................... Current Owner~l-~'~ ~, ~ZE%2)/C ,~/ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hes) (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 ~(,/~'- ZI- D Porto ZB1 (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ,~ ~ ~ ~ ~ STATE OF NEW YORK ) COUNTY OF-~~ ss Signature Sworn to this ........C~....~.. .............................. day of ................... 19~" UNDA d. COOPER Notary Public, State of New York//~ No. 4822563, Suffolk County T,'~m F_xpire.~ December 31, 1 BOARD OF APPEALS, TOWN OF SOUTHOLD the Matter oT the Petition of . : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~,--~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~Variance)~Special Exception) (Special Permit) (Other) [circle choice] ). That the property which is the subject of the Petition is located adiacent to your property and is des- cribedasfollows:~/~-TD OA~' --~7~-~-7-. d~/7-c/f o~,¢,~., ~l,-Cs. 3. That the property wh.~i~h is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned wiU request the following relief: ~) ~'-¢--~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sou~ by the under- signed are Article [ ] Section 280-^, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may 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. Dated: x~_~~_ .~. ~, / ~ ~i~ . Petitioner Owners'Names: Post Office Address (Te]. 5-/~- NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS F~, ~. ~ '~.C'~' , being duly sworn, deposes a'nd says that on the n2 ~ ~"'~day of ~'z'f~'~,~/~'~ ,19 ,~'~ , 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 addresse~ of said persons as shown on the curre.~ assessment rail of the ~Town of Somhold; that said Notices were mailed at the United States Posl Of- fice at .~'~ o 7'.~,L. D. ; that said Notices were mailed to each of said persons by (certified) (registered) r~ail. Sworn to before me this day of ~7~/~0~ , 19 ~'/" //Notary P~/bl ic (This side does not have to be completed on form transmitted to adjoining property owners.} The N.Y.S. [nvironmen~,al Qual ily I<u¥~u¥1 Act requirr:; sub° .'? ?:;.. · .. '.,', ' (a) ~n order ~o an~er the ques:ion~ ~n thl~ shor~ EAF l~ ~s r.,...~; ','.' .. , .. p. erarer wtl. use currcntl7 available ~o~ttcn concc~ng the croP,ct :.'q:",:~.,d~' ~';?.' ,~V~:", ": (~) ~ any que~:ton has been an~ored Yo~ thn project ~7 be et~tcant~gn& a".' .L. - ~ '..,% .. ,' . .?..' , . . . &, W~I project h~vo a po:on%lully largo ~ on w .'.' - ~, Will project el~-ni£1cantl¥ effect drainage ~ 6,' Will project a££cc: any :~ea:ened or endangered plant or ankr. ll ~pecles?., . , , , . . , , 7. 'd~l project res~ Ina ~aJor ad'terse effcc~ on 8, W~i project have a re Jar effect on v~euol c~m~ kno~ %o bo ~por:an: %o'%~0 cormunlcy? , . . ers o~ ~l~:orlc~ pro-~l~corlc~ or palboncolo~lcul l=~ortance or any ~lto decimated as a critical envtro~en~ area by a ~ocaL agency? . . . 20, W~I project have a ~aJor effect cn exl~t~g or Will proJec~ result In'major %raff~c proble~ ~r WIll proJoc~ reg~arl7 cause objectionable odor:,, noise, glare, vlbra:lon, or electrical dl~cur~ l]. Will project h,lve any impac~ on public health or l&. Will proJec~ ~ffec% %he exl3:~n¢ corm,mt%7 by -. d~reccl7 tau:la4 a ~rcwth In ~ermanent popula- Yes Yes Yes ~ No · ..... Yes Yes ~ NO '"~:' y~ L/No : - To: $outho!d Town Board of Appeals '" Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands fiend-us Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State. Environmental Conservation Lev;, please be advised that subjecc property i,n the within appeal appl'Ic_,.o.%.-~, -. (please check One box) [ ] Nay be located ~i~hin 300 feet of tidal wetlands hc¥~o, ver, constructed along the water-lyin($ edce of this propec'ty is a bulkhead in very good condition and at least 100 feet in Qength. · [ ] May b'e 'located within 300 feet of tidal wetlands, ho:-;ever, con~~uc_ud'-'-,-, "'' along the watCr-lying edge of this property is a bulkhead in need of (minor} (major) repairs, and appruximate!v feet in length. £ ] 7.] -[ ) May be located within 300 feet of tidal wetlands; however, constructed al'cng the %.;ater-lying edge of this property is a bulk!:ead less than 100 feet in length. May be located ;.;ithin 300 feet of tlda! wetlands; and there is no bulkhead or concr_~t,_ 'on the premises. Is not located %~ithi~ 300 feet of tidal Wetlands to the best of my kno~.:lodge.* [l;tarred ~te,,nz' (*) indicate' your property doe~ appear to fall '~' '. - wl~.]l,i tho jurisdiction of the N.y.s. D.E..C. Sincerely (Ez,j;~a~ur~ p!oazol NO~_. If prooosed project falls ~it'l~n D.E.C. jurisdiction, ooproval must be received ~nO sukmi~;' - · ~od to our office before your applica=ion can be scheduled foe a public hearing.