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HomeMy WebLinkAbout3512 Southold Town. , Board of'Appeals MAIN ROAD- STAT~~_UT~LO, L.I,, N,Y. 11cj'71 " ~-~,,~,~,%~"~I~,,~EPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 35]2 Application Dated May ]5, ]986 TO: Mr. Samuel Bail ]980 Si9$bee Road Mattituck, NY ]1952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 25, ]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 Variancesto the Zoning Ordinance Article III, Section 100-3l, Bulk Schedule [ ] Request for Application of SAMUEL BAIL for Variances to the Zoning Ordinance, Article III, Section IOOL31, Bulk Schedule, for permission to construct deck addition and roof over cellar stairs which exceeds the maximum- permitted 20 percent lot coverage and roof overhang will reduce sideyard setback to less than that permitted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-01-015. WHEREAS, a public hearing was held and concluded on June 19, 1986 in the Matter of the Application of SAMUEL BAIL under Appeal No. 3512; 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. The premises in question is located along the west side of Sigsbee Road, House No. 1980, in the Hamlet of Mattituck, with a lot width of 50 feet, lot depth of 145± feet, and total lot area of 7,250± square feet. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 144, Block l, Lot 15, and is improved with a single-family, one-story dwelling and accessory 20' by 23" garage located in the rear yard. 2. The subject parcel is located in the "A" Residential and Agricultural Zoning District, which provides for a maximum lot coverage of all structures at 20% of the total lot area, or 1450 sq. ft., and limited sideyards of 10 and 15 feet, or the established, which is eight feet and 17.4 feet. (CONTINUED ON PAGE TWO) DATED: June 25, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3512 Matter of SAMUEL BAIL Decision Rendered June 25, 1986 By this application, appellant requests variances: (a) for permission to construct an 11' by 17' deck addition at the rear of the existing dwelling having a setback from the rear property line at 35 feet and from the westerly side property line at lO feet, which exceeds the present lot coverage of 1796 square feet with an additional 170 square feet, and (b) for permission to construct roof overhang of approximately 45" by 14'2" deep, leaving a reduced sideyard at not less than 50 inches, and exceeding the lot coverage limitation by an additional 70 square feet. The total lot coverage in excess of the existing 1796 square feet is 241± feet, for a total of 2036 square feet. Twenty-percent of the total lot area is 1450 square feet. 4. It is the opinion of the board that the variances requested are minimal and that the roof overhang is necessary to prevent water from accummulating in the existing cellar stairway. In considering this appeal, the board also finds and determines: (a) that the difficulties claimed are sufficient to warrant the granting of this variance; (b) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (c) that the relief requested is not substantial; (d) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (e) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (f) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by allow- ing variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3512 in the Matter of the Application of SAMUEL BAIL for permission to construct ll' by 17' deck addition at the rear of the dwelling and 45" roof overhang along the westerly side of dwelling, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further reduction of sideyards; 2. That the deck remain open, not to be enclosed or used as additional living area; 3. Roof overhang shall not exceed farther than one foot past edge of stairway. Vote of the Board: Ayes: Douglass, and Sawicki. (Member resolution was duly adopted. Messrs. Goehringer, Grigonis, Doyen was.absent.) This lk July 15, 1986 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY on THURSDAY, JUNE 19, 1986 and as follows: ~:30 p.m. Appeal No. 3489 PAUL LEARY for a Reversal of Decision of the Building Inspector for Nullification of Actions to ~ssue a Modified Permit and Demolition Permit, ~'nd'that the property owners be left to regular procedures of law, t~ be allowed only after review by the Board of Appeals and in accord- ance with all provisions of law. Name of Owners/Location of Property: FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-10-20.7. (Recessed from 5/1/86) /:40 p.m. Appeal No. 3499 DANIEL AND LISA JEROME for a Special Exception of the Zoning Ordinance for app.~o¥~l of an accessory apartment pursuant to Article III, Section.,lOO-30(B). Location of Property: 45125 Main Road, Southold, NY'; County Tax Map Parcel No. 1000-75-02-3.1. 7:45 p.m. Appeal No. 3502 GREGORY FOLLARI for a Variance to the Zoning Ordinances Article XI, Section 100-119.2 for per- mission to locate new dwelling with an insufficient setback from L6ngfIsland ~ound bluff. Location of Property: North Side of Sound Drive, Greenport; .'!Map of Section Fou~£Eastern Shores" Lot #117, Map No. 4586; County Tax Map ParcelT~No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508 - DAVID MOORE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new pool, deck and fence areas with an insufficient set- back from Long Island Sound bluff. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-17. 7:55 p.m. Appeal No. 3515 - HOWARD REINHART and CHARLES HYDELL for a Variance to the Zoning Ordinance, Article XI, Section lO0-118(B) and Article II~, Section lO0-30(A) for permission to use existing buildin, g for woodworking shop and sales in this "A-40" Residential and Agricultural Zoning District. Location of Property: 43305 Main Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting 6une 19, 1986 Road, Peconic, NY; County Tax Map Parcel No. 1000-75-0~-16. 8:00 p.m. Appeal No. 3516 - ALBERT Jo BODENSTEIN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with an insufficient setback from the closest northerly property line as shown by sketched survey dated April 22~ 1986. Location of Property: 6135 Indian Neck Road, Peconi. c, NY; County Tax Map Parcel No. 1000-86-6-19. 8:05 p.m. Appeal No.~ 342~ - ELEANOR LEONARD for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of two contiguous parcels, having insufficient area, width and depth. Location of Property: Along Right-of-Way off the east side of Bay Home Road (and along the end of W~llow Point Road), Southo~d, NY~ County Tax Map Parcels No. 1000-56-5-39, 40, and 41. 8:10 p.m. Appeal No. 3518 MARJORIE D. PETRAS~for a Variance to the Zoning Ordinance, Article XI, Sectio~ 100-119.2 for insufficient setback of proposed additions from ~'utkhead along Corey Creek, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 8:15 p.m. Appeal No. 3505 RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate proposed new dwelling with an insufficient frontyard setback. Location~6f Property: 1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport, NY; Cleaves Point, Section 3, Ma~ No. 4650~ Lot ·~; County Tax Map Parcel No. 1000-35-5-28. 8:20 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct condominium complexes within 75' of bulkhead or tidal water. Location of Property: West Side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000- 49-01-25.1. Zoning District: "M-Light-Multiple." 8:30 p.m. Appeal ~o. 3510 - RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate proposed pool, deck and fencing within 75' of bulkbea or tidal water. Location of Property; lO0 McDonald's Crossing off the South Side of Peconic Bay Boulevard, Laurel, NY; Edgemer~ Park LOts 12, 13, and 14~ County Tax Map Parcel No. 1000- Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - June 19, 1986 145-4-15. 8:40 p.m. Appeal No. 3524 - PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate marine fuel-storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, Southold~NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6~1. 8:45 p.m. Appeal No. 3525 ~ PORT OF EGYPT ENTERPRISES for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to install/relocate marine fuel-storage tanks in this ~C-Light" Industrial Zoning District~, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. ' //~) 8:55 p.m. Appeal No. 3512 - SAMUEL BAIL~ for a Variance to ~'~\ the Zoning Ordinance, Article III, SectionilO0~31, Bulk S~hedule,} for permission to construct deck addition and~roof o~er cellar // stairs which exceeds the maximum-permitted 20% lot coverage and roof overhang Will reduced sideyard setback to less t'han that ~!m~ l~c~iO~a~e~r~!r~O_i~O~e Road, Mattituc~ 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 concl~sion of the hearing in question.~ For more informa- tion, please call 765-1809 (alt. 1802). Dated: ~une 9, 1986. BY ORDER OF THE S~THOLD TOWN BOARD OF APPEALS?' GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday, June 12~ 1986 and forward two affidavits of publication on or before June 17th to: Board of Appeals, Main Road, Southold, NY 11971. lk FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPA_RTMEI~I TOWN CLERK'S OFFICE SOUTHOLD. N.Y./~ NOTICE OF DISAPPROVAL · J./~z2-.~TJ.c~...//~..~..... z/.?:..~.. for permit to C~r/"~.O/~...~..~. ~ ?~. ~.~..~.. O~g'.~..~..~/~..~;...~. ~../~. ...... at LocationofProperty /~?~m~.'o6)......~kt~.~. ~.... 'S't;e~i ...... ~'"~' '~/~'O"~' '~' ' County Tax Map No. 1000 Section .../..~..~. ...... Block ...(~.4 ......... Lot .O../..~.. ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~. ~r.~.~.~.-~....C70_~'-./~. ~'~'.~...~/~.. ~.. o~.. Z~.~o. ~. ~..7.~ t~ Lo~..c~~..<~.. .~(.. o~... z.~ ~..~, ~.. ~. ~.r.~ ~f~ x~. r.~ ~ ~. ~crZ ~c~ ~. ~~..~~..~. ~.oT. ~, ~... RV 1/80 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL S~OUTHOLD, N.Y. 11971 TEL.: 765-t803 Examined ................. 19. Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Received ........... ,19.. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled hi by typewriter or in ink and submitted to the Building Inspector, witl~ 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 to adjoining premises or public stree or areas, and giving a detailed description of layout of properP/must be drawn on the diagram which is part of this apF cation. c. The work covered by this application ma), 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 porn 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 g Certificate of Occupan, 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 t Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the co;~stmction of buildings, additions or alterations, or for removal or demolition, as heroin describe The applicant agrees to comply with ail applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and in building for necessary inspe, cpiions.. ..~ / ............... _ ' . .... :/. : . . z. .c. ~ L. .~~(Z g (Signature o9 ~ppfichnt, or naa~e, if a corporation) ...... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or hull& ....... Name of owner of premises (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 .................. Plumber s License No ......................... Electncmn s L~cense No. Other Trade's License No ...................... 1. Location of land on which proposed work will be done ................................................. House Number Street Hamlet , County Tax Map No. 1000 Section ..... /~.~ ...... Block .../ ............. LOt.../..,.~.. ........... Subdivision ..................................... Filed Map No ............... Lot .............. (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a Existing use and 'occu ancy ~])/[/,~- /'~7/'~.. '-~q/--~'~ . 5ntended use and occupancy ........... 3. Nature of work (check wkich applicable): New Building ..... ' ..... Addition ...... g ..~:~ Alteration ......... - Repair .............. Removal'~ .............. Demolition .............. Other Work .... -~ -~ /~/~t'~'~/' ~,, (Description) 4. O~ · ¥ (to be paid on filing this application) 5. If dwel!ing, number of dwelling units ............... Number of dweiling units on each floor ............... If garage, number of cars ....................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type ~of use .................... 7. Dimensions of existing structures, if any: Front .... ~.. ...... Rear ..... .2~..1: ..... Depth ... ~ .O. ...... Height /.~./ .......... Number of Stories ...... ~/-:'~-,~. .................. . ........................ Dimensions of same structure with alterations or additions: Fron* ................. Rear ................. Depth ...................... Height ...................... Number of Stories ..................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth .............. Height ............... Number of Stories ........................................................ 9. Size of tot: Front ..................... Rear ............ : ......... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. I L Zone or use district in which premises are situated ..................................................... ~2. Does proposed construciion violate any zoning law, ordinance or regulation: ...lidO. .......................... 13. Will lot be regraded ........ ]9{Q ................. Will excess fill be removed from premisesL ~Ye~ ~ No 14. Name of Owner of premises /~.~?~'?..~/~-.~... ~/~.~?/4Address ... ~./..~.~.~f.,aq-.g~,~.. Phone No~,~ Name of Architect ........................... Address ................... Phone No ........ .~ ....... N~e of Contractor. ~.Z ~2.ffi/~/$.: .C~.~.r7.... ,Addmss~?./....~,A~t~t.¢~.~,...,~one No. 7~,z~... ~5o Is th±s property tsc~ted w±thinlD0 feet or a r±~a± web,and. . ~es ..... Iqo id'" ~ If yes, Southold To~n Trustees Permit may be required. PLOT DIAGRAM Locate clearly mud distinctly all buildings, whether existing or proposed, and. indicate ail set-back dimensions from property lines. Give street mud block number or description accord~g to deed, and show street names and indicate whethe~ interior or corner lot. STATE OF NEW YORK, COUNTY OF ................. S.S ................................................. being duly sworn, deposes and says that he is the applicant (Name of individuai signing contract) above named. He is the ......................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly author/zed to perform or have performed the gaid work and to make and f~e this apptkation; that ail statements contained in this application are true to the best of h~s knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this N'otary Public, . .......... County TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ,~ DATE ....~ ..~...~...~...... Name of Appellant Street and Number ........ ~.~.!,.'~....~...CZ...~.,. ..................................................... ~.... ~./,.,. ............ HEREBY APPEAL TO Municipality State THE ZONING [3OARD 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 of .... ./...~:~..~ ....... ~Z.~.(_~.. ~......~....~........~..~..7~..~.. ~.~..~...C~....¢.~...~ ....... ../~...../... ............ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY .......... -~.L...C~,..~..J~....~.....'~.....t~ Street Use District on Zoning Map .... ,./...~....~.. ............................... ../..~. ................... Current Owner Map No. Lot No. 2. ~ROVISION (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 (t/-,) A VAR 'ANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Tow~ Law Chap. 62 Cons Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A prewous appeal (has) (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 ~ermit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance fo the Zoning Ordinance ~'or~ ~.~! (Continu~ on other side) REASON FOR APPEAL Continued I. STRICT APPL CATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored by oil 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 ) ss ............... J ................. COUNTY OF~¢¢~~ ~) Signature ................. ~ ...................... day of ................. : ..................... 19 ~ .... ..... Notary Publico NOTP;RY PU~UC, State of Ne~ Yo~ Resfd/ng in Suffoik County No. 52-5895~00 OWNER PROPerTY VILLAGE CArD SUB. LAN D 6/o0 . AGE NEW, FARM Tillable 1 Tillable 2 Tillable 3 Woodland Swampland BrusMond House Plot ' Tot~*> SEAS. VL. N IFARM IMP. TOTAL DATE NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per ."T Value Acre J ' E : ACR. / W TYPE OF BUILD NG ~ -~ * ' r COMM. CB. MISC. Mkt. Value' REMARKS --~.~'~ - ' FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULl<HEAD DOCK Extension Extension Extension Foundation Basement Ext~ Walls Fire Place Type Roof Porch Porch Breezeway G~rage Patio O.B. Total Recreation Room Dormer Driveway I Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Page 23 June 19, l~'I'' Transcript of Public Hearings Southold Town Board of Appeals ll:20 p.m. PUBLIC HEARING Appeal No. 3512 - SAMUEL BAIL. Variance to construct deck addition and roof over cellar stairs which exceeds maximum-permitted 20% lot coverage, and roof overhang will reduce sideyard setback to less than existing. 1980 Sigsbee Road, Mattituck. The Chairman read the notice of hearing and application for the record. CHAIRMAN: I have a copy of a map/sketch which was done indicating the house, the proposed deck, the existing garage, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. And a roof overhang. Sam, do you want to come up here ~nd w6'll discuss this a little? SAMUEL BAIL was present. CHAIRMAN: · Gentlemen, we have a situation here where this gentleman has an existing 50' lot with a house. He has exceeded the lot coverage, He's upwards somewhere around 26 or 27%. He is 240 sq. ft. over. Where the problem is, he's got a basement entrance here which is not roofed. And the building department is calculatin9 this area into the lot coverage also. MEMBER DOUGLASS: Which they do, right. CHAIRMAN: He wants to put a little roof over the top of this, ok~ so that the water does not run off the roof Of the house down into the basement, In other words, open now with a foundation is no problem. Ok. MR. BAIL: There's a foundation there now, e~isting. CHAIRMAN: He's going up -- MR. BAIL: 27 inches. CHAIRMAN: Twenty-seven inches above the putting this roof over it. MR. BAIL: Tilted, it's about a 12"-- foundation and CHAIRMAN: Going down. So~thold Town Board~ Appeals Transcript of Hearing - Bail -24- June ~986 Public Hearings (Appeal No. 3512 CHAIRMAN: He the house and put some glass he's got to do this. This is BAIL hearing, continued:) also wants to build a deck on the back of in here. He doesn't-- sliding doors a necessity. MEMBER DOUGLASS: Just like the town did here on this building. CHAIRMAN: He's got to do this. This is an optional type of situation. He would like to have this (deck). So this is what is in consideration in this application. Did I explain it sufficiently? MR, BAIL: Sounds good to me. I also have a signed letter from the both neighbors on either side.. They don't care what I do. (Mr. Bail gave two letters indicating no objection from two abutting property owners for the record. ) MEMBER DOUGLASS: How wide is the cellar stairs? MR. BAIL: Forty-five inches from the house to the edge of wall. MEMBER DOUGLASS: Outside of the wall? MR. BAIL: Yes, CHAIRMAN: The only thing concerned with Mr. Bail is getting access into this part of the rearyard in case you have to work on cesspools or a well or whatever the heck is back there, ok. MR. BAIL: There's space between here and here. CHAIRMAN: We have to have about 9 feet to get a machine MR. BAIL: That's about right. CHAIRMAN: Do you want to give us some idea of what the measure- ment is? You can give us a call some time. SECRETARY: Is that between the deck and the garage, Jerry? CHAIRMAN: Yes. MEMBER DOUGLASS: If it's granted, it could stipulate l0 feet They he of ~pace in here or something to that effect. MR, BAIL: Well, we had a truck in there the other day. had to do the pools. And he just backed up to the garage, and had plenty of hose to reach from this area over to here. in there. Southold Town Board Appeals Transcript of Public Hearings (Appeal No. 3512 SAMUEL BAIL CHAIRMAN: MR. BAIL: CHAIRMAN: obstrusive MR. BAIL: CHAIRMAN: MR. BAIL: CHAIRMAN: MR. BAIL: The normal questions No. -25- hearing, we ask: Ok, there will be no overhead to either one of the neighbors? June 1986 continued:) You're not roofing the deck? lighting that will be I might put a light on the wall. I meant outside lights affixed to the pole? NO, no. All right. And this will be elevated above the ground? I guess it's about two blocks from the ground. It's level coming off of the door. CHAIRMAN: All right. I thank you very much. I'm sorry you had to wait so long. CHAIRMAN: Hearing no further comment, I'll mak~ a motion (concluding) the hearing and reserving decision until later. closing MEMBER DOUGLASS: This resolution 11:35 p.m. Seconded. to conclude the hearing was duly adopted. (This was the last hearing of for actions and other business Respectfully submitted, Linda F. Kowalski, Secretary ~outhold Town Board of Appeals the hearing. See Clerk Minutes matters following the hearings.) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS June 25, 1986 GERARD P; GOEI'I;RINGER, CHAIRMAN /~ CHARLES GRIGONIS, JR. , S · E · Q . R . A . SERGE DOYEN, JR. /,/ ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: '3512 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: [ ] Type II ~Q~ Unlisted [ ] DESCRIPTION OF ACTION: Permission to construct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20% lot coverage and roof overhang will reduce sideyard setback to less than that permitted · LOCATION OF PROJECT: Town of Southold, Count o particularly known as: 1980 Sigsbee Road, Mattitu~, ~ySuffolk, more ~00-144-01-015. · . . 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 property in question is not located within 300 feet of tidal wetlands or other critical environmental area. " FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; 765-1809 or 1802. Copies of this notice sent to on the Town Clerk Bulletin Board. Secretary, tel. 516- the applicant or his agent and posted APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals HAIN ROAD- STATE RrlAD 25 SEIUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 July 15, 1986 Mr. Samuel Bail 1980 Sigsbee Road Mattituck, NY 11952 Re: Appeal No. 3512 (Variance) Dear Sam: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have any questions, please do not he. sitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER ~.~owalski Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OFTHE TOWN CLERK TOWN OF SOUTHOLD May 15, 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. 3512 application of Samuel I. Bail and others for a variance. Also included is Notice to Adjacent Property Owners; application to and Notice of Disapproval from the Building Department; Short Environmental Assessment Form; and letter relative to N.Y.iS. Tidal Wetlands Land-Use. Judith T. Terry Southold Town Clerk Page 4 Notice of Fr~arings M~ling List Regular Meeting -' June 19, 1986 Copies to the following June 10, 1986 by mail, except as noted: Suffolk Times (personal delivery 6/10) LI Traveler-Watchman (" " 6/10) Town Clerk Bulletin Board posted 6/10 ZBA Office Bulletin Board posted 6/10 Howard E. Pachman, Esq., 366 Veterans Memorial Highway, Box Commack, NY 11725 as Attorney for Brophy Frederick M. Reuss, Jr., Esq., Reuss Ruchala & Handler, Esqs., Attorney for Leary, Suite 103, 230 Hilton Avenue, Hempstead, NY 11550-8116 Rudolph H. Bruer, Esq., Attn: Mrs. P. Moore, Main Road, Southold 11971 Attorney for Brophy Mr. Samuel Bail, 1920 Sigsbee Road, Mattituck, NY 11952 Mr. Clarence W. Powell, as agent for Gregory Follari 380 Robinson Road, Greenport, NY 11944 Mr. Gregory Follari, 33 Fairview Avenue, Park Ridge, NJ 07656 Mr. Christopher Schwarting, Southold Pools, as Agent for Dave Moore ~ P.O. Box 539, Southold, NY 11971 Mr. David Moore, 301 East 47th Street, New York, NY Apt. #3M Mr. Howard Reinhart, 107 Lone Beach Road, St. James, NY t1780 Mr. Charles-Hydell, 36570 Main Road, Peconic, NY 11958. (Peconic Wood Design) Mr. and Mrs. Albert J. Bodenstein, 6135 Indian Neck lane, Peconic ]1958 Rudolph H. Bruer, Esq., Attn: Mrs. P. Moore, Main Road, S'outhold, NY 11971 as Attorney for Mrs. Marjorie Petras Gary Flanner Olsen, Esq., Main Road, Cutchogue 11935, as Attorney for Mrs. Leonard. Leonard Mr. Garrett A. Strang, as Agent for Mr. and Mrs. Ralph Stocker, 54655 Main Road, Southold, NY 11971 Stephen R. Angel, Esq., as Attorney for Stephen Shilowitz, Esseks, Hefter, Cuddy and Angel, 108 East Main St., Box 279, Riverhead, NY 1190] Mr. Stephen Shilowitz, 330 East 33rd St, New York, NY lOO16 Mr. and Mrs. Richard Zeidler, Box 165, Edgemere Park, Laurel, NY 11948 Mr. Merlon Wiggin as Agent for Port of Egypt, ~ox 672, Greenport 11944 [/"q'['°9 77. 40o 5~ cT. 50' .~ 6" /De l-o'T ~ov&~E i-/qff, ffib Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHDLD, L.I,. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 2~7 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 APPEAL~ at the kmthold Town Hall, Main Road, l~om the closest northerly prop~ arty line aa s~kwn,,b,.y sketched survey date~il 22, 1986. Lo- cation of Pro~y: 6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6- 19. 8:05 p.m. Appeal No. 3424 - ELEANOR LEONARD for a Variance to the Zoning Ordi- nance, Article IIL Section 100- District: "M-Light'Multiple''~ 8:?,0 p.m. Appeal No. 3510.%' RICHARD AND RUTH DLER for a Variance to the ZoI lng Ordinance, Article XI, Sec- tion 100-119.2(B) tbr permission ' to locate proposed pool, deck and fencing within 75' of bulkhead or t dui water. Location of Property: 100 McI~nald's Crossing off the South Side of Peconic Bay ~outhold, NY at a Regular Meet- mg of the SOUTHOLD TOWN BOARD OF APPEAL~ at the Southold Town Hall, Main Road, Southold, NY on ~URSDAY, H~NE 19, 19~ and a~ follows: 7:30 pm. Ap~al No. 3489.- PAUL LEARY for a ~ver~l of ~ mci~ivn of the Building Inet- mr fi~r Nullification of Actions ~ 31, Bulk Schedule, for approval Boulevard, Laurel, NY; Edge- oftwocontinuousparcels, having ~i mere Park Lots 12, 13, and 14; insufficient area, width an4&? County Tax Map Parcel No. depth, Location of Property?'!l:i~000'145-4'lS' Along Right-of-Way offtbe east i" ~ 8:40 .m. Appeal No. 3525 - side of Bay Home Road (and ~ PORT OF EGYPT ENTER! aong the end of'Willow Point PRISES for a Variance to the Road), Southold, NY; County : Zoning Ordinance, Article XI, Tax Map Parcels No. 1000-56-5- Section 100-119.2(B) for permis- sion to locate marine fuel-storage 39,40, and 41. issue a Modified Permit and De- 8:10 p.m. Appeal No. 3518 - molition Permit, and that the MARJORIE D. PETRAS for a i)ropertyownersbeleRtoregular ! Variance to the Zoning Ordi- ;:rocc~ures of law, to be allowed; nance, Article XI, Section 100- rely after review by the Board of 119.2 for insufficient setback of ~-ppeals and in accordance with proposed additions from bul- dl provisions of law. Name of ~ khead along Corey Cre~k., )whets/Location of Property: . Koke Drive, Sauthold, NY; FRANK E. AND MARY County Tax Map t'arce~ tank structures in this "C-Light" Industrial Zoning District with an insufficient .setback from landward edge of tidal wetl~and and from ordinary highwater mark, at 6230 Main Road, South: old, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 8:45 p.m. Appeal No. 3524 - BROPHY, 75 Second Street, New Suffolk, NY; County Tax l~p Parcel No. 1000-117-10- I0.7. IRecessed from 5/1/86) 7:40 p.m. Appeal No. 3499 - DANIEL ANDLISA JEROME ~r a Special Exception of the ;oning Ordinance for approval of sunni to Article III, Section 100- tOIBl. Location of Property: ~5125 Main Road, Southeld, NY; County Tax Map Parcel No. 7:45 p:m. Appeal No. 3502 - .qREGORY FOLLARI for a Variance to the Zoning Ordi- ~ance, Article XI, ,Section 100- i192 for permission to locate ,mw dwelling with an insuffi- cient setback from Long Island i Sound blufl~ Location of Prop- ,,.r~y: North,Side of Sound Drive ~ Greenpert; ' Map of Section Four- !" {';a.~torn Shores" Lot no, 117, Map ! No. 4586; County Tax Map Par- cel No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508 - DAVID MOOREfor a Variance to the Zoning Ordinance, Article X I, Section 100-119.2 for permis- sion to locate new pool, deck and fence areas with an irmutlicient setback from Long Island Sound 0luff. Location of Property: North Side of Soundvi~w Ay- roue, Southold, NY; County Tax Map P~rce] No, 1000-5l-4-17. 7:55 p.m. Appeal No. 3515 - qOWARD REINHART and ~HARLES HYDELL for a ~ariance to the Zoning Ordi- mace, Article XI, Section 100- xi~iag building for woodwork- ng shop and sales in this "A-40" Residential and Agricultural. Zoning District. Location of iqoperty: 43305 Main Road, Pecvnic, NY~ County Tax Map Parcel No. 1000-75-01-16. 8:60 p.m, Appeal No. 3516 - ALBERT J. BODENSTEIN for t.~ aermimioa tO con.tract ad:l!- 1000-87-5-006. 8:15 p.m. Appeal No. 3505 RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate proposed new dwelling with an insufficient frontyard setback. Location of P~per~y: 1080 Maple Lane (a/kda 55 Snug Harbor Roadh Greenpert, NY; Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax Map Parcel No. 1000-35-5-28 8:20 p.m. Appeal No. 3513 - STEPHEN SHILOWITZ for a Variance .to the Zoning Ordi- nance, Article XI, Section 119.21BI for permission to con- struct condominium complexes within 75' of bulkhead or tidal waver. Location of Property: West Side of Sixth Street, Green? port, NY; County Tax Map Par- cel No. I000-49-01-25A. Zoning PORT OF EGYPT ENTER- PRISES for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for per- mission to install/relocate marlin! fuel-storage tanks in thi~ "C-Light" lndustrml Zoning dts'- trict, at 6230 Main Road, South- : old, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. ~:55 p.m. Appeal No 3512 SAMUEL BAILS for a Variance to the Zoning Ordinance, Article II1, Section 100-31, Bulk Schedule, for permission to con- struct deck addition cellar stairs which exceeds maximum-permitted 20 percent iot coverage and roof overhang with reduced sideyard setback to less than that permitted. Loca tion of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. t000-144- 01-015. ~ The Board of Appeals at said time and place afl porson~ or representatives desiring to be heard in each of the above heat- ings. Written contments may also be subaxltted prior to th.e tion. For more information', please call 765-1809 lair BOARD OF APPEALS GERARD P. GOEItRINGER CItAIRMAN :arson of Greonport, in ng duly sworn, says that he/she is ~f THE SUFFOLK TIMES, a Weekly )lishad at Greenport, in the Town unty of Suffolk and State of New he Notice of which the annexed is has been regularly published in ~r once each week for _~np__ ~oly, commencing on tho _ 12 %e 19___8 6 ,i I (; Principal Clerk Term Expire the Town Law~n~7i~j~:0d~' COUNTY OF SUFFOLK he Town .... of Soui~01d, ,-t~! ~TATC t~C N C'~& yORK follovnng pUbl~chearings Wi_ __ II_be ' 8:00 p.m. Appeal No. 35~.. held by the' SOUTHOLD r ALBERTJ. BODENSTEINIo'x, TOWN BOARDOFAPPF..ALS a Variance to the Zoning Or:, at the Southold Town Halt, Main Road, Southold. NY at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the SoUthold Town Hail, Main Road, dinance, Article. IlL $~t~ 100-31 for permission to con; struct addition with an insuffi- ct~ent ietback from the closest nOrtherly property line as shown by sketched survey dated April SS: eing duly sworn, says that she is the iG ISLAND TRAVELER-WATCHMAN, printed at Southold, in Suffolk County; )f which the annexed is a printed copy, Southold, NY on THURSDAY, JUNE ·19, 1986 and as follows: 7;30 p.m. PAUL LEARY~for a Re~-~sal of Decision of the Building tor for Nullification of Actions to issue a Modified Permit and Demolition Permit, and that the property owners be left to, regular proceduyes of law, to be allowed only after review by the Board ~of Appeals and in accor- dance with all provisions of lav~ Name of Owners/Location of Property: FRANK E. A. ND MARY BROPHY, 75 Second Street, New Suffolk, NY; Coun. ty Tax Map Parcel No. 1000-117-10-20.7. (Recessed from 5/1/86). 7:40 p.m. Appeal No. 3499- DANIEL AND LISA JEROME for a Special Exception of the Zoning Ordinance for approval of an accessory apartment par- suant to Article Ill, Section 100-30(B). Location of Proper- ty: 45125 Main Road, Southoldi NY; County Tax Map Parcel No, 1000-75-02.3.1. 7:45 p.m. Appeal No. 3502- GREGORY FOLLARI fora Variance to the Zoning. Or- dinance, Article XI, Section 100-119.2 for permission to locate new dwelling with an in- sufficient setback from Long Island Sound bluff. Location of. Property: North Side of Sound Drive, Greenport; "Map of Sec- lion Four-Eastern Shores" Lot No. 117, Map No. 4586; Coun- ty Tax Map Parcel No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508- DAVID MOORE for a Variance to the Zoning Ordinance, Arti- cle Xl, Section 100-119.2 for per- mission tO locate new pool, deck and fence areas with an insuffi- cient setbackdrom Long Island Sound bluff. Location of Pro- perty: North side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4.17~ · . 7:55 p.m. Appeal No. 3515- HOWARD REINHART AND CHARLES HYDELL for a Variance to the Zoning Or- dinance, Article XI,~ Sectioh 100-118(B) and A~'ticle Ill, See- tion 100-30(A) for permission to use existing buildil~ for wood'. working shop and sale~ in thig "A-40" Residential an~l Agricultural: Zoning District. Location of Property: 43305 Main Road, P~:onie, NY; Coun-' ty Tax Map Parcel No.' 1000.75-01-16. 22, 1986. Location of Property: in said Long Island Traveler-Watchman 61.35 Indian Neck Roa& / Peconie, NY; County Tax Map .......................... ._~eeks Parcel No. 1000-86-6q9. ' . 8:0~ p.m. Appeal No. 3424- ~cing on the ......... ELEANOR LEONARD for a ............. Variance to the Zoning Or~ dinance, Article I11, Section ~..~--~%....., 19 100-31, Bulk Schedule, for ap- ' .... f '~ proval of two contiguous .... parcels, having insufficient area; ........... width and depth. Location ol Property: Along Right-of-Way off the east side of Bay Home Road (and along the end ol Willow Point Road), Southold, e this ........... /~ day of NY; County Tax Map Parcels .......... No. 1000-56-5-39, 40, and 41. 8:10 p.m. Appeal No. 3518- ~-- 19 MARJORIE D. PETRAS for a ....... ' ..... variance to the Zoning Or- dinance, Article XI, Sectior 100-119.2 for insufficient setbacl, bulkhead alon8 Cor~.Creck, al ' · ............... 700 Koke Drive, Southold, N~ Notary Public County Tax Map Psi'cci N6. 1000-87-5-006. ' BARBARA FORBES 8:15 p.m. Appeal No. 3050-' t, lotary Public, State of N~w York RALPH AND LUCILLE No. 4806846 STOCKER for a Variance to Qualified in Suffolk County the Zoning Ordinauce, Article ' Commission Expires ~ :~/ 19 lit, Section 100-31 for. permis- 8:45 p.m. Appeal No. 3525- sion to locate proposed new PORT OF EGYPT ENTER~ dwelling with an insufficient PRISES fora Special,Exception - frontyard setback. Location of to the Zoning Ordinance, Arti- Property: 1680 Maple Lane cie VIII, Section 100-80(B) for (a/k/a 55 Snug Harbor Road), permission to install/relocate Greenport, NY; Cleaves Point, marine fuel-storage tanks in this Section 3, Map No. 4650, Lot. 59; County Tax Map Pareel No. "C-Light" Industrial Zoning District, at 6230 Main Road, 1000-35-5-28. Southold, NY; County Tax Map STEPHEN S~I'LOWITZ fo~ a Parcel No. 1000-56-6-4, 6, 6.1. Variance to the Zonif~g Or- ./~8:55 p.m. Appeal No. 3512 dina~ce, Article XI, Section SAMUEL BALLS for a Variance 100-119.2 (B) for permission tO to the Zoning Ordinance, Arti- construct condominium corn- cie Ill, Section- 100-31, Bulk plexes within 75' of bulkhead or Schedule, for permission to con- tidal water. Location of Proper- struct deck addition and roof ty: West Side of Sixth Street, over cellar stairs which exceeds Greenport, NY; County Tax the maximum-permitted 20 per- Map ParcelNo, 1000-49-01-25.L cent lot coverage and roof Zoning District: "M-Light: / overhang will reduce ~ideyard Multiple:' ' t setback to less than that permit- 8:30 p.m. Apical No. 3510- ted. Location of Property: 1980 RIC.HARD AND RUTH Sigsbee Road, Mattituck, NY; ZEIDLER for a Variance to the County Tax Map Parcel No. · Zoning Ordinance, Article XI, 1000-144-(~1-015. Section 100-119.2{B) for permis- DATED: June 9, 1986. sion to locate proposed pool, The Board of Appeals will deck and fencing within 75' of hear at said time and place all bulkhead or tidal water. Loca~ persons or representatives desir- tion of Property: 100 lng to be heard in each of the McDonald's Crossing off the above hearings. Written corn- South Side of Peconic Bay ments may also be submitted Bdulevard, Laurel, NY: prior to the conclusion of the Edgemere Park Irots 12, 13, and hearing in question. For more )4; County Tax Map ParcelNo. information, please call 1000-145-4-15. 765-1809 (alt. 1802). 8:40 p.m. Appeal No. 3524- Dated: June 9, 1986 PORT OF EGYPT ENTER- BY ORDER OF THE PRISES for a Variance the Zon- SOUTHOLD TOWN lng Ordinance, Article Xl, Sec- BOARD OF APPEALS tion 100-119.2(B) for permission GERARD P. GOEHRINGER, to locate marine fuel-storage CHAIRMAN tank structures in this "C~ IT-6/12/86t36~ Light" Industrial Zoning District with an ins. uffieient set- back from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. TOWN OF SOUTHOLD, NEW YORK TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellant Street and Numar ......... ~..~.~./.~.~.~.~ ........................................................ :..~ ........ HEREBY APPEL TO Municipali~ 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 Nome of Applicant for permit of ..... .L.~..~..o. ........ ~..:..~..~..&~...e.. ...... ~./.?. .......... ~.~:.~.~.~. ...... ~.'./. Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY t. LOCATION OF THE PROPERTY ....................................................................... Street .................... ./....C~ ..~.. ...................... /...~.. ..................... Current Owner Map No. Lot No. Use District on Zoning Map 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.) ~k-t- ~ &¢~c~ /oo ~ 3 / 3. TYPE OF APPEAL Appeal is made herewith for (~ 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) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in A~peal No ................................. Dated ...................................................................... ( ) (~,/~) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) COUNTY OFfs/--~-~'c,4C~') SS Sworn ,o this ............... L...~.....-~.... ................ day of ....... ~...~ .................................. 19 ;~ t/ Notary Publ~' MARY ANN CYBULSKi NOT,~RY PUBLIC, State of New Yorl~ Residing in Suffolk Count~ No. 52-5895900 Commission Expires April 30, l~dd BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of to the Board of Appeals of the Town of Southold TO: NOTIC~ TO~ ~_ ADJACE.N~i, z~ PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 3. That ~h.e pr.o, perty which is the iub)ect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the undet'- signed are .z~'ticle ~ ~::tion /~ ~:) ~' / [ ] Section 280-^, New York Town Law for approva] 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 Hght to appear and be heard at such hearing. -~ Dated: Petitioner Owners' Names: Post Office Address (Tel. ~/~. ~ 677 300 661 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to ~treet and No. P.O,, State and ZIP Code Postage $~ Ce~ified Fee Special Delive~ Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date,~s of Delive~ I PROOF OF MAmLING OF ~i0TICF ~TTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: b~'-E:~ I ~1A-~(~-- ,residing at /~' ~'~) ,~ ~L.~..'~- /Z~ ~/,~f.-,~{.4-u ~ ~/ , being duly sworn, deposes and says that on the /X"~day of ~ ~/ ,19 ~e- ~. , deponent mailed a true copy of the Notice set forth on the re- verse side h~reof, directed to each of the above-named persons at the addresses set Opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to.~fore me this /..~.t.~ day_of F~-~.~-~ ,19 ~ ~ ~otary Publ~ MA~ ANN ~BULSK: ~'~ NOTARY PUBLIC, State 0f New York R~iding in Suffolk Coun~ N0. 52-5895900 ~ ~ Commi~ion ~pires April 30, l~ (This side does not have to be completed on form transmitted to adjoining property owners.) The ;i·Y.S~Environmencal Quali~y l(uvJ,4dw Act requir~:s sub- mission of U~S form, and an envtronmer~] ,r, evlew will be made by this board before any action is-~aken. .S. HORT ENVlRO~,.:EUTAL ASS?SS.~'£~IT FC~3~ · ~" L.,' - (a) In order to annwer the queetions ~n tht~ ~hor% EAr ~s {~ .... ~.~ prerarer wtl~ use currently available ~fo~tton conce~ln~ the ~ro3~c: and l~ely ~c%~ of the action. It i~ not e~ec:ed :ha: addl%~onal n%uale~ roeear~ ~: "S'-;'.or ~:~er ~nves:~ga:~on~ w~l bo ~dor:aken, ,.- :.,. (b) If any question had been answered Yes th, project ~y be air,f [cant and cc~pleted Znv~rc~enta[ A~sessment go~ ~= necessary. (c) If all question= have been answered No ~t t= likely %~mt tht= project ta - ' ..... ,. ' L :'" X, W~I project reset ~n a large physical to the proJec~ site or physically aXtcr moro · 2. Will there be a major change to any unique or WLll project alter or h~ve a large e£fect on WL!I pro~ect have a po~ontlall¥ large Lmpacb on W~I project si~lfican~ly'effec: drainage 6. Will project affect any t~ea~ened or endangered W~i pro2ec: reset in a major adverae effect W~i project have a mmJor e~fec: on visual 9. Will project adversely ~pact any sito or st~c~ ute of his~orl:, pre-himtorlc, or palboncologicul 10. W~I project h~ve a m~Jor e~fec~ on exiat~& or 11. Will projec~ result in ~Jor :raffle problems or 12. Will project reg~arl7 cause objectionable 13. Will project have any lapac~ on pub].lc health or 1L. Will proJec% Affect :he exl~tin~ cO~unl~y by charac%~, of the co~munl%y tr neighborhood~. · [5. ID there publ~ cen%r?zer~/ ccncurn:n[ th~ ... Yea "L~o ..'.~: ., Yes ' "'~/~No '.: Yes /~' Ilo " Ye, { Ye,. .. ~ Yes ~No ' . . './2 ~a.,~l~ '" I ,t: '' Teu Ye~ ~ No Ye~ ~'/ No '"~:' · , ~'.. Yes (Today To: $outho!d Town Board of Appeals '" blain Road Sou~hold, NY 11971 Re: Appeal Application of Location of Property: De-. Sirs: .In reference to the New York State Tidal Wetlands Land-Uso Regulations, 6 NYCRR, Part 661, and Article 25 of the ~';e:-; York State. Environmental Conservation La%.;, please be advised that th subjec~ property i,n the within appeal application: (please check crne box) [ ] t'lay be located ~¢ithin 300 feet of tidal wetlands; however, constructed along the water-lyin~f edce of this prope~'ty is a bulkhead in very good condition and at least 100 feet in length., [ ] May b'e 'located within 300 feet of tidal wetlands; however, constructcd along the water-lying edge o2 this property is a bulkhead in need of (minor) (major) reoairs, and amuroximately feet in [ ] May be located within 300 feet of tidal wetlands; however constructed along the ' Water-lyin~ edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tlda! wetlands- and there is no bulkhead or cc -~-,, ' 'on the premises, nc .... wall e:¢is~in? -[ P'~' Is not located within 300 feut of tidal wetlands .. to the best of my knowledge.* [~';tarred items (*) indicate your property does not appear to fall within the jurisdiction of the N.y.s' D.E.C.~ Sincerely yours, NOTE: If proposed project falls ~it~kin D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be scheduled for a public hearing. · ':'." ' - ' ~l' ' .- ... .- .;.. ~.' . .' ..~.. :. )~FORMATION.CONCERN DIVISIONS OF LAND (Se s, Minor Subdivisions, e Lots under 40,000 sq. ft. in area and not on an official subdivision map 1. Article VI, subdivision approval from the Suffolk County Department of Health (548-3327 or 3318 or 3312 for information) 2. Southold Town Planning Board approval for a set-off or minor subdivision approval.(765-1938 for applications); 3. Southold Town Zoning Board of Appeals variance(s).(765-lB09). All lots within 300 of tidal wetlands and waterways: 1. N.Y.S. Department of Environmental Conservation subdivision approval (751-7900 for applications and information). 2. Subdivisions, set-offs, or 'siLe plans require Southold Town Planning Board approvals (765-1938). x] After all approvals have been received: 1. Southold Town Building Department Occupancy for each lot (765-1802). for Certificates of Lots over 80,000 sq. ft. in area-and over 175 ft. lot width: 1. Southold Town Planning Board approval. Lots over 40,000 sq. ft. may HealLh Department, Article VI agency (548-3327). All lots or may not be subject to Suffolk County approval. Please check with their under 80,000 sq. ft. in area and under 175 ft. lot width: 1. Southold Town Board of Appeals approval (765-1809);. 2. Southold Town Planning Board approval (765-1938); 3. Southold Town Building Department, issuance of Certificates of Occupancy (765-1802). June 10, 1986 Notice of disclaimer to anyone interested in this file: Please be advised that Celic Realtors is currently holding my Real Estate License. At the time of filing this application and the period of time that it takes to hold a public hearing and reach a decision, I have no interest in this application. I further state, that I have -no- knowledge of an existing active listing with the above Real Estate office. This statement is signed with the complete understanding of the information stated above ...... ~Gerard P. Goehringer 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