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HomeMy WebLinkAbout3517 Soutl old Town Board of Appeals 11~T1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEkLS Appeal No. 35]7 Application Dated May 23, ]986 TO: Abigail A. Wickham, Esq. as Att0rney for ROSALIE GOWEN Main Road, Box 1424 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on Q.u]y 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 [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section 100-3l, Bulk Schedule [ ] Request for Application of ROSALIE GOWEN for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of: (1) insuffi- cient lot area, (2) insufficient lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set-off/redivision of land located at the corners of Zena Road, Cpt. Kidd Drive, and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map No. 1672, Lots 134, 153, 154; County Tax Map Parcel Nos. 1000-106-02-32 and 43. WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of ROSALIE GOWEN under Appeal No. 3517; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests reconsideration of a recent decision rendered by this board under Appeal No. 3450 for a Variance from the Provisions of Article III, Section 100-31, Bulk Schedul6, of the Zoning Code, for approval of insufficient area, width and depth of two parcels proposed on this 31,740 sq. ft. tract of land, as follows: (a) 13,824 sq. ft. in lot area, 106.65 frontage along Zena Road, and depth of 133.59 feet for proposed Parcel #1 (to the south), and (b) 17,916 sq. ft. in lot area~ 135.77 ft. frontage along Cedar Drive, and 91.67 ft. along Zena Road, and depth of 133.59 feet. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 2, Lots 32 and 43, (CONTINUED ON PAGE TWO) DATED: Fo~ ZB4 August 16, 1986. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3517 Matter of ROSALIE GOWEN Decision Rendered July 31, 1986 and is shown on a Map of "Cpt. Kidd Estates" filed January 19, 1949 as Lots #134, #154 and #153. The northerly half of the subject premises is improved with a single-family dwelling set back 35 feet from Zena Road at its nearest point, 37 feet from Central Drive, 22 feet from the proposed division line, and with an accessory garage. 3. Submitted for the record is communications from the Suffolk County Department of Health Services indicating that the proposal does not constitute an increase in density since the 1949 Map filed with the County Clerk are exempt fnom new density standards provided the map is not abandoned. It is also noted that the Captain Kidd Estates Map was approved on Novem- ber 3, 1948 by the Southold Town Board. 4. Also submitted for the record is communications dated May 2, 1986 from Captain Kidd Water Company, Inc. indicating that water service can and will be from an existing water main for the two lots. 5. In viewing the immediate area, the board finds all of the lots on this block to be of a size similar to that proposed by this re-division, and the existing dwellings are serviced by a community water system (Captain Kidd Water Company, Inc.). In considering this appeal, the board finds and determines: (a) the lots as proposed are similar in size to those existing in the block and therefore there will be no substantial change in the character of the immediate area; (b) the circumstances are unique; (c) the practical difficulties are sufficient to warrant the granting of this variance; (d) there is no other method feasible for appellant to pursue; (e) there will be no effect on available governmental facilities; (f) in view of the manner in which the difficulties arose and in consider- ing all the above factors, the interests of justice will best be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that the relief requested under Appeal No. 3517 in the Matter of the Application of ROSALIE GOWEN for approval of insufficient lot area, width and depth of Parcels #1 and #2, as shown by survey map amended August 16, 1985, prepared by Roderick VanTuyl, P.C., SUBJECT TO THE FOLLOWING CONDITIONS: 1. No setback reductions to less than that permitted by Column '~A" of the Bulk Schedule of the Zoning Code; 2. Water service must be supplied and serviced by the public water utility company (presently Captain Kidd Water Company, Inc.) for proposed Parcel #1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Douglass and Grigonis were absent.) This resolution was duly adopted. RECEIVED AND FILED BY k SOUT.O . OWN Town Clerk, Town 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 hel~ 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. on THURSDAYs JULY 17~ 1986 and as follows: 7:35 p.m. Appeal No~ 3529 PAUL KELSCH. Variance to the Zoning Ordinance~ Article II~ Section 1.00-31 for permis- sion to construct deck addition to existing dwel.ting with an insufficient rearyard setback, at 405 Wendy Dri~, Laurel, NY; County Tax Map Parcel No~ 1000-~27-08-19. 7:40 p.m. Appeal No. 3526 ~ BRUCEi~ND S~RLEY'SIEVERMAN. Variance to the Zoning Ordinance, Article IIZ, Sec~ion 100-31 for permission to construct deck addition to existing dwelling and attaching an existing swimmingpoo~, 'leaving an insufficient setback ~from the southerly (side) · property line on this corner lot.~ Lo¢~ation of Property: 50 Aquaview Avenue andkRocky Point Road, East Marion, NY~ County Tax Map Parcel No. I00~-21-3-1. 7:45 p.m. Appeal No. 3528 RICHARD AND ALICE MdM2NUS. Variance to the Zoning Ordinance~ Article III,-Section 100-31 and Section 100~13(2)[B] for approval of the construction of an open porch in excess of 30 -sq. ft. in area, having an insufficien~_~setback from~the front property l~ne at~ 710 Cedar Lane, East Marion, N¥~ County Tax Map Parcel No. 1000-31-6-5.1. 7:50 p.m. Appeal No. 3531 ALBERT J. BRENEISEN. Variance to the ~oning Ordinance~ ~rticle XI, Section lO0-119~(B) for permission to construct pool, deck and fence enclosure w~thin 75 feet of mean hi-gh water along Dawn Lagoon, 715 Dawn Dr~ve, East Marion, NY~ County ~ax Map Parcel No~ 1000-35-5-161 Cleaves Point Section III, Lot #71. 7:55 p.m. Appeal No. 3521 ANDREW AND WILLIAM GOODALE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reduce living area in preexisting, noncon- forming dwelling unit in this "B-l" General Business Zoning District, to less than 850 sq~ ft~ Location of Property: Page 2- Notice of He~rings Southold Town Board of Appeals July t7, 1986 Regular M~gting /655 ~l'aiZn-Ro.a~,?..~.r~et].~-' NY- County Tax Map Parcel No. 1000- 122-6-30.1 (or 303. 8:00 p.m. Appeal No. 3523 - STEVE KALAIJIAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient lot area of proposed Parcel No. 2 in this two-lot division/set-off ]ocated on the north side of a private right-of=way extending off the north side of Bergen Av-enue, Matt-ituck,-N¥; County-Tax Map Parcel No. 1000-112~01.-18. 8:]0 p.m. Appeal No. 351~ ~ ROSALIE GOWEN~ Variance to reconsider the rel-~ef requested ~nder Appeal No. 3450 for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of: ~1) insufficient lot area, (2) insufficient lot. widt~ (3) insufficient lot depth, of two parcels as proposed in this pending se.t-off/redi~ision of land located at the-.corners of Zeta Road, Cp-t. ~idd 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 8:15 p.m. Appeal No. 3522 - NORTH FORK BANCORP.. Variance to the Zoning Ordinance, Article VII, Section 100-7.0(C)[2] for permission to ~nstall: (1) large onepremises'identification sign in excess of the maximum height and width requirements, and (2) second on-premises identification/directory sign, at premises known as 9025 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-122-6-020. Zoning District: "B-Light Business. 8:20 p.m. Appeal No. 3527 ROBERT AND CHARLOTTE WISSMAN. Variances to the. Zoning Ordinance: (a) Article III, Section 100-31, Bulk Schedul6rT for location of new single-family dwelling with reduced sideyards, frontyard, and. ready,rd setbacks; and (b~ A~ticle XI;'Secti-6n~'lOO~ll9.2(B) for location of new dwel-ting with reduced setback from highwater mark at.Fordham Canal. Location of Prooerty: 715 Gull Pond Lane, Greenport,. NY; County Tax Map-No. 1000-35-04-00~.6 (referred to as Lot ~'C" in prior subdivision records). 8:30 p.m. Appeal No. 3428 - BERTHA KURCZEWSKI. Variance to the Zoning Ordinance, Article III, Section lOOz31, Bulk and Parking Schedule, for approval of insufficient area and frontage (lot width) of two parcels in this pending set-off division of land, located at the east side of Depot Lane, Cutchogue, NY; Page 3 Notice of Hearings Southold Town Board of Appeals July 17, 1986 Regular Meeting County Tax Map Parcels No~ 1000-102-02-003 and 025. 8:40 p.m, Appeal No. 3513 - STEPHEN SHILOWITZ. Variance to the Zoning Ordinance, Article XI, Section 100-119.2[B) for permission to construct condominium complexes wit-hin 15 feet of bulkhead and tidal water~ at the west side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000~-49-01-25.1. Zoning District: "M~Light Multiple~~ (Recessed ~rom June 19, 1986) 9:00 p.m. Appeal No~ 3510 - RICHARD AND RUTH 'ZEIDLER. Variance to locate pool, deck and fencing within 75 feet of bulkhead and tidal water, at 100 McDonald's Crossing, Laurel. (Recessed frDm June 19, 1986) 9:15 p.m. Appeal No. 3489 - PAUL LEARY for Reveral of Building Inspector's Decision concer.~nglproperty of'FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk.- (Recessed from 2une 19-, q986). The Board of Appeals wilt hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments ~ay also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-t809. .._ Dated: July 2~ ~986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN ATTENTION NEWSPAPERS~ Please publish THURSDAY, JULY 10, 19~ and forward two.gffidavits of public~tio--~-~--~-~ or before 7/~ to: Board of App~als~ Main Road, Southold, NY 11971. CARD OWN'ER T' TREET FORMER OWNER VI LLAGE E DISTRICT SUB. ACREAGE , ~ TYPE OF BUILDING AGE F~rm THlable 1 SEAS. VL FARM [ COMM.. IND. ! CB. ! MISC. IMP. TOTAL DATE I REMARKS BU~LD1NG CONDITION NORMAL BELOW ABOVE Acre Value Per Acre Value Tillable 2 Tillable 3 Wcodland Swampland Brushlan:t Z---~ Extension BreezewoyJ Garage O,B. .I Foundation Basement Fire Place ~,~ Porch Porch Patio Driveway Bath FIoors Interior Finish Hec~ Attic Rooms 1st Floor Rooms 2nd Floor CARD PROPERTY RECORD VILLAGE DISTRICT E ACREAGE STREET N FORMER OWNER S W RES. 3//~ SEAS. VL. C~ FARM COMM. LAND. IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW [ ABOVE Farm ~ Acre Value Per Acre [ V~lue Tillable 1 Tillable 2 Ti[lable 3 Woodland Swampland BrushJand SUB. TYPE OF BUILDING LOT /o~ House Plot 'Fetal 4 7~.Z7 /4. ~& "00 '~tO "/~ . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SMIUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 August 18, 1986 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3517 Rosalie Gowen (Variances) Dear Gall: Attached determination Office of the hereto is a copy of the official findings and recently rende[ed and filed this date with the Clerk c.oncerning the above matter. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, in writing, or other documents as may be applicable. If this application involves a pending subdivision or site plan, please return to the Planning Board for further proce, ssing by their office. Please 'do or that of the questions. not hesitate to call either our office (765-1809) Building Inspector (765-1802) if you have any Yours very truly, Enclosure Copy of Decision to Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD July 17, 1986 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. S · E · Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3517 PROJECT NAME: ---ROSkLIE GOWEN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: tX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: (~ Insufficient lot area, (2) insufficient lot depth ~ insufficient lot width, of two parcels LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Corner of Zena Rd., Cpt. Kidd Drive and Central Drive, Mattituck, NY 1000-126-02-32 and 43 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The Suffolk County Health Dept. has approved or issued its letter waiving additional review by their agency (3) The relief requested is not directly related to new construction, beingF~Rl~Rlineo FU THER or area variance. 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. DEPARTMENT OF HEALTH SERVICE5 COUNTY Of SUFFOLK June 23, 1986 DAVID HARRIS. M.D.. M.P.H. Ms. Rosalie Gowen 134 Central Irrlve Mmttituck, New York 11952 RE: Gowen - subdivision #634 SCTM~1000-106-2-32 & 43 Dear Ms. Gowen: This Department is in receipt of a realty subdivision application for the above referenced property. Under Article 6 of our Sanitary Code, subdivision maps previously apprqved by the Health Department and filed with the County Clerk are exempt from the new density standards of one dwelling (one subsurface sewage disposal system) per acre/~ acre provided the map is not abandoned. The subject property appears on a Health Department approved map as three parcel(s). The proposal for two parcel(s) does not constitute an increase in density and, therefore, individual applications for each lot as shown will be accepted. If you have any questions concerning this, please feel free to contact me. Chief, Wastewater Management Section PRA:SAC:co Southold Town Zoning Board of Appeals Town Hall ~ Main Road Southold, NY 11971 WlCKhAiVl, WICKHAM & BRESSLER, MAIN ROAD, P.O, BOX 14~4 MATTITUCK LONG ISLAND NEW YORK II952 June 23, 1986 Att: Mrs. Linda Kowalski Secretary Re: Appeal No. 3517 - Application of Rosalie Gowen Dear Linda: Enclosed is a copy of a letter dated June 23rd from the Suffolk County Department of Health Services indicating approval of the above set-off. In accordance with your letter of June 10, 1986, please schedule this matter for your next available public hearing. Very truly yours, Ellen M. Urbanski Legal Assistant encl. cc: Mrs. Rosalie Gowen Mrs. Mary Tannenbaum 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- GTAT£ ROAD 25 ~:DUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 June lO, 1986 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3517 Rosalie Gowen (Variances) Dear Gail: In reviewing your recent request for reconsideration of Appeal No. 3450 in the Matter of Rosalie Gowen, the board indicated, at our Special Meeting of May 28th, that a copy of an approval (or waiver) by the Suffolk County Department of Health Services is necessary prior to advertising this matter for a public hearing. If you are able to furnish us with same by mid-July, it is expected that a public hearing could be held in early August. Please keep us advised regarding developments. Yours very truly, cc: Planning Board GERARD P. GOEHRINGER NOTICE OF HEARING NOT · ~ IS HEREBY GIVEN, ~o Section 267 of the Town Law and the Code of the Town of Seuthold, 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 Meet- lng commencing at 7:30 p.m. on THURSDAY, JULY 17, 1986 and as follows: 7:35 p.m. Appeal No. 3529 - PAUL KELSCH. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to existing dwelling with an insuffi- cient rearyard setback, at 405 Wendy Drive, I~urel, NY; County Tax Map Parcel No. 7:40 p.m. Appeal No. 3526; BRUCE AND SHIRLEY SIEVERMAN. Variance to the Zoning Ordinance, Article RI, Section 100-31 for permission to construct deck addition to exist- lng dwelling and attaching an existing swimming pool, leaving an insufficient setback from the ~1 southerly (side) property line on this corner lot. Location of Prop- erty: 50 Aquaview Avenue and Rocky Point Road, East Marion, NY; County Tax Map Parcel No. 7:45 p.m. Appeal No. 3528 - RICHARD AND ALICE McMANUS. Variance to the Zoning Ordinance, Article III, Section 100-31 and Section 100- 13(2)[B] for approval of the con- struct]off o! an open porch in ex- cess of 30 sq. ft. in area, having an insufficient setback from the front property line at 710 Cedar Lone, East Marion, NY; County Tax Map Parcel No. 1000-31-6- 7:50 p.m. Appeal No. 3531 - Variance to the Zoning Ordi- nance, Article XI, Section lO0- of land located at the corners o_f 8:15 p.m. ~r~eal No. 3522 - NORTH FORK BANCORP. Variance to the Zoning Ordi- nance, Article VII, Section 100- 70(C)[2 [ for permission to install: (1) large on-premises identifica- lion sign in excess of the maximum height and ~ quirements, and (21 second on- p?mises identification/directory s~g~% at premises known as 9025 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-122-6-020. Zoning District: "B-Light Business." 8:20 p.m. Appeal No. 3527 - ROBERT AND CHARLOttE WISSMAN. Variances to the Zoning Ordinance: (al Article III, Section 100-31, Bulk Schedule for location of new single-family dwelling with reduced sideyards, frontyard, and rearyard set- backs; and (b) Article XI, Section 100-119.2(B) for location of new dwelling with reduced setback from highwater mark at For- dham Canal. Lo~ation of Prop- erty: 715 Gull Pond Lane, Green- port, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C" in prior subdivision re- cords): 8:30 p.m. Appeal No. 3428 - BERTHA KURCZEWSKL Variance to the Zoning Ordi- nanee, Article Ill, Section 100- 31, Bulk and Parking Schedule, for approval of insufficient area and frontage (lot width/ of two parcels in this pending set-off df- vision of land, located at the east side of Depot Lane, Cutchogue, NY; County Tax Map Parcels NO. 1000-102-02-003 and 025. 8:40 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ. Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct con- dominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000-49-01-25.1. Zen- lng District: "M-Light Multiple." See Legals, next page STATE OF NEW YORK ) ) ~S: COUNTY OF SUFFOLK ) I~.ev Ellen ~!!y of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed is · printed copy, has been regularly published in said Newspaper once each week for 1 l0 weeks successively, commencing on the day of July 19 86 , ~.~ :/t ~ . , / ~worn~eforemethil /~. t,[m~~ Lognl Notices Continued from previous page (Recessed from June 19, 198g). 9:00 p.m. Appeal No. 3510 - RICHARD AND RUTH ZEI- DLER. Variance to local pool, deck and fencing within 75 feet of bulkhead and tidal water, at 100 McDonald's Crossing, Laurel. (Recessed from June 19, 1986)- 9:15 p.m. Appeal No. 3489 - pAUL LEARY for Reversal of Building Inspector's Decision concerning property of FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk. IRe- ceased from June 19, 1986l. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hear- ings. Written comments may also be submitted prior to .the conclusion of the subject hearing. For more information, please call 765-1809. Dated: July 2, 1986. BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN NOTICE OF HEARINGS NOTICE IS HEREBy GIV- EN, pursuant ~.o S~ction 267 of. the Town Law and the Code of the Town of Southold, the. following public heatings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall; Main Road, $outhold, ~NY at a Regular Meeting commencing at. 7:30 p.m. on THURSDAY, JU~L~Y 17, 1986 and as follows:. 7:35 p.m.'Appeal No. 3529- PAUL KELSCH.. Variance to the Zoning Ordinan~.~iC~ sion to cons~rU~:t to existing dwellinil With an sufficient rearyard setback~ at 405 Wendy Drive, /au[el, NY: County 'Pax Map Parcel No. 1000-127-08-19. 7:40 p.m. Appeal No. 3526- BRUCE AND .SHIRLEy SIEVERMAN. Variance to the Zonin~ Ordinance, Article Section 100-31 for permission to construct deck addition to ex- isting dwelling and attaching an COUN'I Y OF SUFFOLK STATE OF NEW YORK an insufficient setback from the southerly (side) property line on this corner I,ot. Location of Property: 50 Aquaview Avenue and Rocky Point Road, East Marion, NY; County Tax Map Parcel No. 1000-21-3-1. , ~ 7:45 p.m. Appeal No. 3528~ RICHARD AND ALICE McMANUS. Variance to the Zoning Ordinance, Article III; Section 100-31 and Section. 100-13(2)[B] .for approval of the. construction of an open porch' in excess of 30 sq, ft, in areae having an insufficient setback: from the front property line al 710 Cedar Lane, East Marion; NY; County Tax Map Parcel No. Patricia Wood, being duly sworn, says tltat she is the Editor, of IHE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suflolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island '[rav~,~r-Watchman once each week for ........................... weeks successively, commencing on the ............. .' ........ day ofi<"~..X.... ;~... ;z ..... ,, 2 ..... . ~-' existing swimming pool, leaving ............ ":?.'.'.~:.'~.l .... 19...':. ' to th~ ~ning Ordinance, Ard- cie 111, Se~tion 1~-31, Bulk ;~auffic~ent lot area, (2) insuffi~. ]' ..... ........ . ............. ~ient lot width, (3} insufficiem / Notary Pubhc lot depth; of two pamels as pro~ , ~posed in this 0ending set~ ~ BQ,~BA~.~ FORBES : - Noisy } uhl c, State of New ~ ~ff/ledivision of land located at ',~ " ,~ Yorh ~he corners of ~na Road, Capt: : ~Kidd Drive and Central Driv:,~ [~attituck, NY; Capt. Kidd s Estates Filed Map No. 1672, ~ta 134, 153, 154; County 'ISx Map ~rce} No. 1~-1~-02-32 ~5, p.m. Appea qo. 1000-31-6-5.1. · 7:50 p.m. Appeal No. 35~i~ 3512-NORTH FORK ALBERT J. BRENEISEN: : BANCORP. Variance to the Var ance to the :?lanln~ Or- Zottin8 Ordinance, Article VII, d nan~ Articl~ ~-'[S~ctiOn ]: ,%n:fl0n 100-70(C)121 for permls- 100-119.2 (B1 for petnu~sron to ':/' saon 19 Instal '~!) large cm.. construct i~l, deck, and fan~ ~ : ptenut, ts Identification sign. tn enc osure within 75 feet of mean. . eac~s of the maximum height high water along Dawn Lagoon/ i and wklih reqmr~ments, and (2) 715 Dawn Drive, Fast Mario~ i ~ond on-pmmit'~ identiflea- NY; County Tax Man Parc¢l'N~ ~ : tion/d~metory siln, at premiss 1000-35.5.16 Cleaves Point~ ] .:known aa 9025 Mare Roan, .ou,,l, 7i. 7:55 p.m. Appeal No. 3521~;~i ~ Parcel No. 1000.122-6-020.20. ANDREW AND WILLIAM":~:.ZO. tiing District: "B-Ligh! GOODALE. Variance to the. ~ Buaj/~ess~' i ' Zoning Ordinance, Article 111,. (I 8;20 p.m: Appeal No. 3527~ Section 100-31 for permission t0 ROBERT AND CHARLOTTE reduce living area in preexisting; ~ WISSMAN. Variances to the nonconforming dwelling unit in. this "B-I" General Busines~ Zoning District; to less th.an 850. sq. ft. Location of Property: 7655 Main Road, Laurel, NYt County Tax Map Parcel No. 1000-122-6-30.1 (or 30). ' ' 8:00 p.m. Appeal No. 3~23~ STEVE KALA1JIAN:. Variance to the Zoning Or. dinance, Article lIl,~S~¢tion, 100-31, Bulk and Parklng'~ Schedule, for approval of inauf- ficient lot area of phopo'sed Parcel No. 2 in this two-lot di¥i; sion/set-off located o~the north,. side of a pricate righl-of-way ex- Zoning Ordinance: (a) Article Ill4 Section 100-31, Bulk Schedule for location of single-family dwelling with reduced sideyatds,frontyard, and rearyard setbacks; and (b) Arti- cle XI, Section 100-119.2(B) for location of new dwelling with reduced setback from highwatcr. mark at Fordham Canal. Loca- tion of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-04-007.6 (r6ferted to as LOi "C" in prior subdivision records). tend ns' off the north:side o~,, Bergen Avanue' Mattituck, N ~'? ~ County Tax Map Parcel N.~: ~GO0-tI2-01-18, ' ~: '.~"' Sworn to before me this .......... ......... ~//~'/ day of 8:30 p.m. Appeal NO. 3428- BERTttA KUROZEWSKI. Variance to the Zoning Or- dinance, Article 111, Section 100-31, Bulk and Parking Schedule, for approval of insuf- ficient area and frontage (Io~ width) of two parcels ia this pen- ding set-off division of land, located at the east side of Depot Lane, Cutchogue, NY; County Tax Map Parcels. No, 1000-102 02-003 and 025. 8:40 p.m. Appeal No 3513- STEPHEN . SHILOWITZ; Variance to the Zoning Or- dinance, Article gl, Sectimi 100-119.2(B) for permission construct condominium com- plexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Gr*en- port, NY; Cou.nty '___Fax .Map ins District: .M-Light Multi- p1¢2' (Recessed from June 19, 1986). 9.'00 p.m. Appeal.N~ 3510- RICHARD AND RUTH ZEIDLER. Variance to locate pool. deck, and fencing within 75 feet of bulkhead and tidal · water, at 100 McDonald's~o*s- lng, Laurel. (Recessed from Jane 19, 1986). 9:15 p.m. Appeal No 3489- PAUL LEARY for Reversal of Building Inspector's IX~cisiofl concerning property of FRANK ' E. AND MARY BROPHY, 75 Second Street, New Suffolk. (Recessed from June 19, 1986).. The Board of Apl~als will· hear at said time and place alt- persons or ~vpresentatives desir~ ins to be heard in each of th*- above hearings. Written com~ meats may also be submitted prior to the conclasion of tho subject hearing. For mom infor- mation, please call 765.1809. Dated: July 2, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS' GERARD P. GOEHRINGER, CHAIRMAN 1T-7/10/86(I I} APPEALS BOARD MEMBERS GERARD P. GOEHRING£R, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH R. SAWICKI Southold Town Board of'Appeals MAIN ROAD I BTATI[ ROAD 2.5 BOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765 1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very~,~ ~. G'ERARD P. GOEHRINGER ~ CHAIRMAN Enclosure Linda,Kowalski Secretary and Board Clerk Regular Meeting July 17, ~986 Copies of the Notice of Hearings on or about 7/9/86 to: Howard E. Pachman, Esq. for Broph~ Frederick M. Reuss, Jr., Esq. for LearS, 230 Hilton Ave, Hempstead, 11550-8116 Mr. and Mrs. Richard Zeidler, PoO. Box 165, Laurel, NY 11948 Mr. and Mrs. Bertram Walker, Edgemere Park, Laurel, NY 1~948 Mr. and Mrs. Richard McManus, 96 Webster St, Westbury, NY 11590 Mr. Albert J. Breneisen, 715 Dawn Drive, East Marion, NY 11939 ~ostello Marine Contracting as agent, P.O. Box AK, Greenport 11944 Mr. a~ Mrs. Bruce Sieverman, Andrew Gooda~e, Esq., Box 146, Mr. and Mrs. Paul Kelsch, Box Mr. Steve Kal'aijian, 25-56 222nd St, Benro Survey Ltd., Attn: Christopher as agent for Mr. Kalaijian 50 Aquav~ew Ave, East New Suffolk 11956 411, Laurel, NY 11948 Marion 11939 Bayside, NY 11361 Henn, 121 Eddy Dr, Dix Hills NY 1t746 Stephen R. Ahgel, Esq. f¢,r Mr. Shilowitz, Box 108, East Main Street, Riverhead, NY ll901 Mr. and Mrs. Robert W. Strong, 1067 Roselle Pl., Woodmere, NY 11598 opposing Shilowitz application Wickham, Wickham & Bressler, P.C., Attn: Ellen Urbanski Main Road, Box 1424, Mattituck, NY 11952 for Mrs. Kurczewski Rudolph H. Bruer, Esq., Attn: Pat Moore, Main Road, Southold, NY 11971 for Mr. and Mrs. Wissman Wickham, Wickham & Bressler, P.C. for North Fork Bancorp. and R. Gowen Main Road, Box 1424, Mattituck, NY 11952 Posted on Town Clerk and ZBA Bulletin Copies to ZBA Members, Town Board and Copies to Building Department Boards 7/10/86 Planning Board Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S E~OUTHDLD, L.l., N.Y, llC:JT1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN S . g . Q . R.A . H a r c h CHARLES GRIGONiS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRON51ENTAI, DECLAP~TION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance 13, 1986 APPEAL NO.: 3450 I'ROJECT NAME: ROSALIE GOWEN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for thc same or simi]hr project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for: (]) insufficient ]0t area, (2) insufficient lot width, (3) insufficient lot depth of parcels as proposed in this pending set-off subdivision. LOCATION OF PROJECT: Town of Southold, County of Sbffolk, more ~?art$cularly known as: Corners of Zena Road, Cpt. Kidd Drive, and Central Drive, Mattituck; Cpt. Kidd Estates Map #1672-Lots 134, 153, 154; Co. Tax Map No. 1000-106-02-32 and 43. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in thc short form has been ::ubmitted which indicates that no significant adverse effects to [he environment are likely to occur should this project be implc- [ncr:ted as planned; (2) Relief requested is an area variance not directly related to new construction. (3) The property in question is ]0cared more than 300 feet from tidal wetlands. FOR FURTHER INFORS~TION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall~ Southold, NY 11971; tel. 516- q'65-1809 or 1802. Copies of this notice sent to the ai)plicant or ~is agent and posted ~3n the Town Clerk Bulletin Board. JUDITH T. TERRY TOWN CLI'R K REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 May 23, 1986 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3517 application of ~ for a re-appeal for a variance. (See Appeal No. 3450) Also included is letter from Wickham, Wickham & Bressler, dated May 12, 1986; letter regarding water hookup by Captain Kidd Water Company, Inc.; and Notice to Adjacent Property Owners. Judith T. Terry Southold Town Clerk Daniel C. Ross WICKHAM, WICKHAM & BRESSLER, MAIN ROAD, P,O. BOX 1424 MATTITUCK LONG ISLAND NEW YORK 11952 SI6-298-8353 May 22, 1986 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Rosalie Gowan Gentlemen: Enclosed is a $75.00 check as requested. AAW/ls Very truly yo,~,,,s, WICKHAM, WICKHAM & BRESSLER, m.c. MAIN ROAD. PO BOX 1424 MATTITUCK LONG iSLAND NEW YORK 11952 May 12, Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application of Rosalie Gowen - Appeal no. 3450 Gentlemen: I enclose a copy of a letter from the Captain Kidd Water Co. indicating that water service is available to the parcels which are the subject of this application. I have just received your denial without prejudice. It was my understanding that the application was being held pending our furnishing you with the letter enclosed, and while it did take some time to obtain, the denial does cause a time problem for my client since she is elderly and in need of funds. I therefore request that you reconsider your decision based on the furnishing of the letter showing water is available. With regard to your other findings: (a) The current lot area requirement of 80,000 square feet bears little relationship to this area since it has been subdivided for many years. (b) The circumstances are unique since it is practically the only property of this size in the area. (c) It is not "ad hoc" planning or precedent setting since it is in keeping with the neighborhood layout. (d) The practical difficulties are evident in the application; and (e) The interest of justice would be served by approval of the application. We are in the proces of applying for Article 6 approval but do not anticipate any difficulty. Southold Town Page 2 May 12, 1986 Zoning Board of Appeals In order to cure any procedural difficulties, we have sent additional notices to the adjoining owners, and we enclose the original notice with affidavit of service thereon. I hope that you will give this matter serious consideration for approval in light of the circumstances. Very truly y0uj~s, ~ ~ . ~ AAW:emu encl. ' CAI TAIN I [DI WATE[ tC M ANY. INC. BOX 1180 RIVERHEAD, N.Y. 1190l Telephone: 516 727-7411 May 2, 1986 Abigail A. Wickham, Esq. WICKHAM, WICKHAM & BRESSLER, Main Road, P.O. Box 1424 Mattituck, New York 11952 P.Co RE: Property of Rosalie Gowan Lots 134, 154 and 153 Map of Captain Kidd Estates Map #1672 Dear Ms. Wickham, In response to your letter dated April 25, 1986, regarding water hookup for the referenced lots in Captain Kidd Estates. Please be advised that we can provide service to these lots from an existing water main. SGT/ac Yours truly, Steve G. Tsontakis, P.E. IOARD OF APPEALS. TOWN OF SOUTHOLD In the Mirror m ~he Petitiofl M ROSA~Ig to the Board of Ao~eals of the Town of Southold TO: 1~. & H~s. Emanuel Fren~a~ 88-24 239ch St. Bellrose, NY 11426 Ha. Atltne B. Hattituck, 1~ 11952 YOU ARE HEREBY GIVEN NOTICE: NOTh~E TO A~JACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~ 2. That the property which is the subject of the Petition is Io~ated adjacent to your prei~erty and ss des- cribedasfollows:~oad' zan~4e,,~b, ~z~,. v~,-t., v..~.~l~, ~ .... Central Drtve~ Zena Road ~d Captain Kidd Drive, ~tt~tu~k. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residcnl;~Lsl & A~_ricultural. 4. That by such Petition, the undersigned will request the following relief: Pez'~Lll~on tO d:L¥:Lde the property into t~o lots containin8 :[nll.l~ficiant width and area. 5. That the provisiom of the Southoid Town Zoning Code applicable to the relief soulht by the under- ~lnedare Rz~._icle ZTT Sect:&cxl l~0-11 Rulb & pa~-b4n_e Raked. la [ ] Sectton Z80-A, Ne~ York Tram Law for approval of access over rtght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above ~ be fiie. d in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and the~e examine the same during rngular office house. (516) 76S-1809, 7. That before the relief soulht may be ~ranted, a public hcarin~ must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days Ixior to the date of each hearing in the Suffolk Times and in the Loeg bland Traveler. Mattituck Watchman, newspape~ publbhed la the Town of Southold and designated for the publication of such notices; that you or your represeo.tatlve have the fllht to appear and be heard at such hearing,. Dated: ~ay 12, 19~6 P~titioner .... / . ,vwz'~":ne r s ' Names: ~oes~zs ~o~en P~ Office Address 0 Zena goad Mattituck~ fly 11952 PROOF OF MAILING OF NOTICtr A~I"ACH CEI~I'ZFZED HATL RBCE3'I:.FS Hr. &Hro. th. AFline Emanuel Frangaa B. kleae 88-24 239ch Street BeZlrose, HY 11426 Hattituck Hew York 119~2 P ~E RECEIPT FOR CER NO ff NI NO ~NSURANCE COV£RA NOT FOR INT£RNATIO (See Revers, .6 TO1 677 SI ~eet and No. Postage $ Certified Fee ' ~'~' Special Delivery Fee Return Receipt Showing to whom and Date Delivered ,--~(~ Return receipt showing to whom, Date, and Address of Delivery STATE OF NEW YORK ) COUNTY OF SUFFOLK ) _ t~LLEH M. UiB&BSK! . resMiolat (no I~) Oak Street, _ ~~. beifl8 duly sworn, deposes and says that on the ~ day of my, , ~ , lgB§ , deponent mailed a true copy of the Notic, e set forth on the re- ~, rected to each of the above-flamed persons at the addresses set opposite thdr respective names; that the addresses set opposile the names of said persons are the addresses of said persons as shown mt the current ass~smeflt roll of the Town of Southold; that said Notice~ were mailed at the United States Post Of. rice at l~attituck. Hew York ; thai said Nmices were mailed to each of said persons by (certified) (M]I~) mail. (See attached reeeipce. ) ELLEH H. UI~BAHSXI Sworn to before I~ fhb 12th dayo~ .ay __ .19~ · ~. U .o.,,, JiJ~m (Thts stde does not property owners.) have to be completed on form transmitted to adjoining DATE: /~ ~?/~ ~/ TO WHOM IT MAY CONCERN: I wish to disclose the following statement in the event the property in question should be pending a real estate activity with Celic Estate Agents, Inc., who holds my conditional salesperson's license: I have no interest whatsoever in the sale of this property and am not a part of any other pending real estate activity of a business or professional nature which might be a conflict with my secretarial duties as Stenographer/Secretary of the Board of Appeals of the Town of Southold. Linda Kowal ski