The URL can be used to link to this page

Home My WebLink About3571Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 SOUTHOI-D. L.I.o N.~. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 357] Application Dated October 22, ]986 TO: Mr. and Mrs. Joseph Best P.O. Box 609 Mattituck, NY 1]952 At a Meeting of the Zoning Board of Appeals held on December ]], ]986 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2 [ ] Request for Application of MARGARET AND JOSEPH BEST for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at the southerly side of existing building with insufficient setback from the bulkhead along tidal water area and insufficient setback from the rear property line at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. WHEREAS, a public hearing was held and concluded on Novem- ber 20, 1986 in the Matter of the Application of MARGARET AND JOSEPH BEST under Appeal No. 3571; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS,the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2 for permission to construct a 14' by 33' addition at the rear of the existing two-story frame dwelling leaving an insufficient setback from the existing bulkhead to the south at not less than 29 feet. The existing setback is shown to be at 43 feet. The addition is proposed for a heated porch and additional kitchen area. 2. The premises in question is a described parcel containing a total area of 1.3± acres, with 89 ft. frontage along the private right-of-way and an average depth of 597 feet to the rear property line along Peconic Bay. The subject (CONTINUED ON PAGE TWO) DATED: December ll, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3571 Matter of MARGARET AND JOSEPH BEST Decision Rendered December 11, 1986 premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 123, Block 6, Lot 17 and is improved with the following structures: (a) two-story frame dwelling, overall dimensions 36.4' by 36', set back from the existing wooden bulkhead 43± feet; (b) one story 20' by 32' accessory cottage structure, set back 132± feet from the bulk- head; (c) 8.3' by 12.3' accessory framed shed set back 2.8 feet at its closest point from the easterly side property line; (d) 12.2' by 20.2' framed accessory stable structure set back 21.7 feet at its closest point from the easterly side property line. 3. Article XI, Section 100-119.2, subparagraph (B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 4. The Courts have held that the area setback variances must meet the "practical difficulties" standard, considering as follows: (a) that the relief requested is not substantial in relation to the requirement; (b) that the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) that the varia.nce requested is the minimal necessary; (f) there is no other method feasible for appellants to pursue other than a variance. 5. It is the opinion of the board that the relief requested is not the minimal necessary under the circumstances; however, the circumstances of the property and existing dwelling's location are unique, leaving no other method feasibl~e for appellants to pursue. 6. It i's noted for the record that by action taken simultaneously herewith under Appeal No. 3573, an amendment of prior Appeal No. 3551, this Board granted a conditional area variance fQr a new accessory garage in the frontyard, with restriction as to the setbacks from the front and west side property lines, as noted therein. In considering this appeal, the board also finds and determines: (a) that the project as proposed is not out of character with the neighborhood; (b) the relief requested is not substantial in relation to the existing dwelling set- back, although the relief requested is substantial in relation to the requirements [being a variance of 60% from the 75-foot requirement]; (c) the circumstances of the property are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) there is no other method feasible for appellants to pursue other than a variance; (f) there will be no substantial detriment t° adj°ining pr°perties; (g)in vilew I--l' of the manner in which the difficulties arose and in viewrof the above factors, the interests of justice will be serve~ by granting the Variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded~by Mr. Sawicki, it was RESOLVED to APPROVE an 12' by 33' wide addition a the south end of existing two-story dwelling, leaving an insufficient setback at not less than 31 feet from existillg bulkhead - Matter of MARGARET AND JOSEPH BEST under Appeai Vote of the Board: Ayes: Messrs. Goehringer, Do~en,i!i~ Douglass and Sawicki. (Member Grigonis was absent due t illness.) This resolution v~as d.uly adopted. lk 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 commencing at-~7:30 p.m. on'THURSDAY,' 'NOVEMBER 20~ 1986 and as follows: 7:35 p.m. Appeal No. 3573 ~ MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance~ Art~cle'III,~Section 100-32 for permission to locate accessory garage structure in the frontyard area at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, ~NY; County Tax--Map Parcel No. 1000-123-06-17~ 7:40 ApPeal No. 3571 , MARGARE~ 'AND JosEPH REST. ~ p.m. ariance to the Zoning Ordinance, Article XI, Section 100]119.2 or permission to construct addition at'the' southerly si~e of xisting dwelling with insufficient setback from the-~bulkhead long tidal water area and insufficient setback from the rear roperty line at premises located On the south side of a private\ right-of-way extending off the east side of Camp Mineola Road', Mattituck, NY; CrpUnty Iix Map Parcel No. 1000-123-06-17' -- Special Exception to the Zoning Ordinance, to establish 6ne accessory apartment~in the.existing dwelling structure in accordance width the requirements of Article' III, Section tO0-30(B) subsection [15]. Location of Property: 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569 ~ BOATMEN'S HARBOR MARINA. Variance to the Zoning Ordinance~ Article ×I, Section 100-119.2 for permission to construct addition to existing dwelling with an insufficient setback from existing bulkhead. Location of Property: 3350 West Creek Avenue, Cutchogue, NY; County Tax Map District 1000, Section llO, Block 01, Lot 12. 7:55 p.m. Appeal No. 3572 ~ MICHAEL AND JOYCE MATTES. Special Exception to the Zoning Ordinance~ Article III, Section 100-30~ (B)[16] for permission to establish "Bed and Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location Property: 50 Luthers Road, Mattituck, NY; County Tax Map District 1000, Section 113, Block 03, Lot 7. 8:00 p,m. Appeal No. 3565 - FRANK FIELD REALTY INC. Variance to the Zoning Ordinance, Article III, Section 100-3 of Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting November 20, ]986 for permission to establish two-family dwelling use on a parcel of land containing less than 160,O00~sq. ft~ in area, 270 ft. lot width, 400 ft. lot depth, 6nd With insufficient frontyard, sideyard, and rearyard setbacks. Location of Property: 320 Linnett Street, Greenport, NY; Map of Greenport Driving Park #369, Lots #71 and #72; County Tax Map District 1000, Section 48, Block 2, Lot 36~1'. 8~05 p~m.- Appeal No. 3566~SE. FRANK FIELD REALTY INC. Special Exception to the Zoning Ordinance, Article'-III, Section lO0-30(B) for permission to establish two-family use at premises referred to as 320 Linnett Street, Greenport~ NY; Map of Greenport Driving Park #369, Lots #71 and~-#72; County Tax Map D~strict 1000, Section 48, Block 2~ Lot 36.1. 8:10 p.m. Appeal No. 3570-SE ~ PAUL HENRY. Special Exception to the Zoning Ordinance~ Article III,~Section 100-30(B)~6] for permission to establish 'Bed and Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than six casual,~'transient roomers, and renting of not more than three rooms. Location of Property: 50 Luthers Road, Mattituck, NY~ County'Tax Map District t000, Section 113, Block 03, Lot 7. ' ~ 8:15 p.m. Appeal No. 3576 - BARBARA D. SCHRIEVER. to withdraw Variance conditionally approved-under Appeal on September 26, 1985, and to reinstate in full the 1969 conditionally approved under Appeal No. 1260, permitting Appl$cation No~3393 Variance the use of a 5,600 sq. ft. existing building for storage and repair of contractor's machinery and equipment. Location of Property: West Side of Tabor Road, Orient~ NY; County Tax Map District 1000, Section 18, Block 05, Lot 1~. "B-light" Business Zoning District. 8:20 p.m. Appeal No. 3552 JOHN SENKO. Reconvene hea~ng concerning Variance for shopping center use in this B-I General Business Zoning District containing 30,084 sq. ft. in lot area. Location of Property: Intersection of Ackerly Pond Lane and North Side of Main Road, $outhold; County Tax Map D~strict 1000, Section 70, Block 7, Lot 1. 8:40 p.m. Appeal No. 3574 z DR. JOHN LORETO. Variance to the Zoning~Ordinance, Article III, Sections 100-30 and t00~32~ and Article XI, Section 100~119.2, for permission to construct Page 3 Notice of Hearings Southold Town Boand of Appeals Regular Meeting - November 20, 1986 storage building with an insufficient setback from bluff along Long Island Sound for storage-purposes accessory and incidental to the existing dwelling adjacent~-~to these premises. Location of Properties: Lots #3 and #2, Map of Vista Bluff #5060; North Side of Glen Court, Cutchogue, NY; County Tax Map District 1000, Section 83~ Block 1, Lots 9 and 8. 8:55 p.m. Appeal No. 3562 ANA G. STILLO. Variances: (1) to the~-Zoning~Ordinance, Article t~I, Section 100-31, for approval of insufficient lot area, width~and depth'of three parcels in this pending Minor Subdivision, and (2) to New York Town Law, Section 280-~ for approval of access over private-- right-of-way extending from the north side of Main Road to the premises in question, bocation of Property: At the north end of private right-of-way ( ~onglands--of~B. Brokaw), North Side of Main Road,~Orient, NY; County Tax Map District lO00,_Section 14, Block 2, Lot 26, containing 3.2 acres total. 9:05 p.m. Appeal No. 3519 STEVEN SANDERS & ANO. Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot area, width and setbacks in this pending set-off division of land. Location of Property: Private Right-6f-way located-off the north side-of-Bay View Avenue, Mattituck, NY; County Tax Map District lO00, Section 106, Block 06, Lot 36~ The Boar_d of Appeals will hear at said time and place alt persons or representatiyes desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: November 3, 1986. BY ORDER OF THE SOUTHOLD TOWN BQARD OF A~PEALS -GERARD P, ~OEHRINGER, CHAIRMAN Linda Kowa!ski, Board Secretary ATTENTION NEWSPAPERS: Please publish THURSDAY, NOVEMBER~13, 1986 and forward 13 Affidavits of publication on or before November 17, to: Board of Appeals, Main Road, Southold, NY 11971. FOflM NO. 3 TOl~5t OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To .r0~....~.~..~.~ #...~..~...~. .......... .C,..,~..L..m..:& .~. ]~..~ .......... . ~~... ~..~., ). 4 %~ .~ .... PLEASE T~E NOTICE that your application dated . .~ ~ ~ ~ ~ .. ................. ~ ....... ~9.~ for pemit to construct.. '.~.. ~.~.. ~ [~Tf ~ ~.., ~. .~ ~].. ;B ?~ ~. at ~cation o f Prope~y~ ~:. P~.. ~. 9. ~ ~...~/.~.~ !e. ~ ..... ~ ~P.~... Hou~ No. Street Ham/et County Tax Map No. 1000 Section . .~..~.~ ....... Block . .~. ~ ........ Lot . ~...' ........ Subdivi~on ................. Filed Map No ................. ~t No .................. ~ returned hemwi~ and disapproved on the follow~g ~ounds .~' ~.~ ~. ~.'.Q' ~: ...... RV 1/80 TOWN OF SOUTHOLD, HEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DAT TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. (We) ~Name of Appellant Street and Numbe¥ ......... ..................................... ..q. APP,, TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR ~ERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .... ,_,.~,~,,Name of Applicant fo? permit c,.¢~ .................... v. ~ ................................................... ~...., .............. Street and Number ~ Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPER~ ....... .. .~ q~r,~¢..,,:~t~ ........... ~ ~ ~Q~,L~.,....,...~G~P ' Street ~ Use District on Zoning Map [ ~ .~.~ ~.] ........... Current ~ner ~¢~ t Map No. Lot No. - 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number Do not quote the Ordinance.) 3 TYPE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 2430AfSubsection 3 4. PREVIOUS APPEAL A previous appeol~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was (~) request for a special permit ( ) request for a variance and was mode in Appeal No ....... ~.?..., ................ Dated .................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance ) ~s requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecef- sary HARDSHIP because ~ [/} % ~ ; ~5 i~C3 c.~L5 ~ ,~, f~ ~.~ ~ ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ~" ', ~- ' ~-~"qt__ ~ CHARACTER OF THE DISTRICT because f'~. t i,r~O O~--O ! ~ STATE OF NEW YORK ) ~ .(~ws......~_w...~.. ~'~ ~ COUNTY OF~~. )' ss ....... :....:.~.L~.~. Signature:'"'t~"(~'5~'"! ............... Sworn to this ......................... ~ ............ day of ........... ~.~~ .............. ,9~ OWNER VL. TOTAL FARM DATE 1/,.z/x~7 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Acre FARM Tillable Value Per Value Acre Woodland MeadowY!and House PROPERTY VILLAGE E.~._;~/~ / W . 0 COMM. CB. MICS. SUB. LOT ACR. TYPE OF BUILdiNG Mkt. Vatue FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD REMARKS COLOR /V~-/ ~en~ion :tension ,-tens Jan :~rch arch rage Foundation Baseme~,t Ext. Walls Fire Place Type Roof Recreation Room ,~. ~ Dormer Both FIoor~ I~t~rier Finish Heot Rooms ]sf FJeor ROOms 2nd Floor Driveway NOT£~ t, SURVEY FOR MAt~GAR~T M. T~AD~V££~ D. C. ~ ADIYIV d. SYVEI~ON ~ '' ~ SUFFOLK .COUNTY~ NEW YORK': ~, ~:. :.,' ~ SOUTHOLD TOWN BOARD OF APPEALS MATTER OF ~RGARET AND JOSEPH BEST THURSDAY, NOVEMBER 20, 1986~ PUBLIC HEARING 7:49 p.m. Appeal No. 3571 - Public Hearing commenced in the Matter of MARGARET AND JOSEPH BEST. Variance to construct ad- dition with insufficient setback from rear property line and bulkhead along tidal water area. ROW off the east side of Camp Mineola Road, Mattituck. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a similiar copy to the survey again produced by I believe Young and Young indicating an ad- dition to the front of the main dwelling of approximately 14 by 33. 14 feet in depth protruding toward the Bay toward the bulkhead and 33 feet across. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard again sir? We still have to ask you some questions. Do you have any idea Mr. Best how close you are to the actual bulkhead? I did not have my 100 foot tap~and I noticed you're putting new sod down there and I didn't want to roll over the top of it with my roll. MR. BEST: You mean from the existing house now? CHAIRMAN GOEHRINGER: Yes. Well we can always add a plus 14 onto that. MR. BEST:~ 43 feet. CHAIRMAN GOEHRINGER: house. You're 43 feet right now from the existing MR. BEST: From the bulkhead. CHAIRMAN GOEHRINGER: That's the inside of the bulkhead. MR. BEST: The inside of the bulkhead. CHAIRMAN GOEHRINGER: feet. So you're looking to reduce that to 29 MR. BEST: Roughly, 29, 30 feet. CHAIRMAN GOEHRINGER: Ok. And this, as I see it, is an enclosed porch and a portion of the kitchen area which will be an intr±- cal part of the dwelling. Not just a deck or something of that nature. It will be fully heated. I thank you very much. We'll see what else develops. Is there anybody else who would like to speak on behalf of this application? Is there anybody who would like to speak against the application? Well we are on a roll here. I wish they were all this easy. I make a motion closing the hear- ing reserving the decision until later. Thank you very much for coming in. Ail in favor aye. . SOUTHOLD TOWlq BOARD OF APPEALS MATTER OF STAMATIOS AND ALENI RAPANAKIS THURSDAY~ NOVEMBER 20, 1986~ PUBLIC HEARING 7:53 p.m. Sp. Ex. No. 3568 - Public Hearing cormnenced in the Matter of STAMATIOS AND ALENI P~PANAKIS. Special Exception to establish "Accessory Apartment" in existing dwelling structure (100-30(B)[15]), at 2030 Boisseau Avenue, Southold. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: They were representing in the legal no- tice or that they were represented in the legal notice and does not specifically add any additional information. It is however, indicated for the record and signed by both applicants on the 9th day of October, 1986. And I have a copy of a sketch plan indicating the first and second floor of the dwelling, the pre- sent dwelling. And I have a copy of the Suffolk County Tax Map indicating this and the surrounding properties in the area. Mr. Rapanakis. How are you tonight? Could you come up here one second if you don't mind? How are you tonight? Are you intend- ing to use the entire second floor for the apartment? Is that what we're doing? MR. RAPAN~(IS: No. The house being 2 separate entrances. CHAIRMAN GOEHRINGER: Ok. So you're going to use a portion of the downstairs for the apartment also? MR. RAPANAKIS: One side. CHAIRMAN GOEHRINGER: One side? MR. RAPANAKIS: One side is one apartment, another side is another apartment. Up and down. The house you have the key to; the living room, the dining room, the upstairs have the bedroom. CHAIRblA_N GOEHRINGER: Ok. Are you going to install another kitchen in there? MR. RAPANAKIS: They both have kitchen. CHAIRMAN GOEHRINGER: There are 2 kitchens now? MR. RAPANAKIS: Yes sir. Two toilets, 3 toilets actually. One toilet on the outside. CHAIRMAN GOEHRINGER: I just don't indicate the other kitchen here. Maybe you can show it to me on this thing here. Where is the second kitchen? Is there a second kitchen? Page 2 - November 20, 1986 Public Hearing Stamatios and Aleni Rapanakis Southold Town Board of Appeals MR. RAPANAKIS: This is the second floor. This is the first floor. We have one more plan. CHAIRMAIN GOEHRINGER: You have one more plan. Ok. I see. It's on the other plan. Now I see. MR. RAPANAKIS: This is the second floor. We have an entrance door right here° CHAIRMAN GOEHRINGER: You have another door here? MR. RAPANAKIS: Then you walk that way. So this is the steps that go up. We have 1, 2, 3, bedrooms. Downstairs we have a dining room here, a kitchen here, a living room here. CHAIRMAIN GOEHRINGER: And this is the upstairs which goes back to this right over here? MR. RAPANAKIS: No. This is different. is another side. This is one side and this CHAIRMAN GOEHRINGER: OK. So these are 2 separate. Oko That's what it is. You see I was trying to compare this one to this one and that's where I was running into the problem. Ok. For the record, you intend to (so long I am at a loss for words) dealing with the normal conditions that the new accessory apartment law have been placed within this zone code. You're not going to change those in any way? You're going to have owner occupancy on one side? Mil. P, APANAKIS: Yes. mostly summer place. I have to live there because I live in a CHAIrmAN GOEHRINGER: I see. So you're moving out here and you will be renting the other side of the house. Have you provided for any parking on site? MR. RAPANAKIS: Parking° I have plenty. We have a garage in the back and a barn in the back too° A big barn. CHAIRMAN GOEHRINGER: Could you furnish us with a survey just indicating those and where. MR. RAPANAKIS: The surveyors are figuring that° They are doing this already° I have a garage. I have plenty of space in the back. We have about 1 acre of property° CHAIRMAN GOEHRINGER: I know what happened to this survey. I took it with me when I did the field inspection. The same thing I did with the Bests. MR. RAPANAKIS: I have a big barn and a garage. Page 3 - November 20, 1986 Public Hearing - Stamatios and Aleni Rapanakis Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Right. I am aware of the property. As you know, this is the second time around. Where would the tenants normally park for the second apartment? Where are you going to ask them to park? MR. RAPANAKIS: Right now I have on the left a large paved driveway which you can go all the inside. No problem. If you want to park in the back, you park in the back or you want to use the garage, use the garage and I use the barn and pull the cars inside because I have a light inside. CHAIRMAN GOEHRINGER: We are very happy this law has been placed in place because we did feel bad about turning down your prior application. There was nothing that we could do about it however, because we did not have this law in place at that particular time and we'll see what develops with the hearing. We thank you very much for coming in. MR. RAPANAKIS: Thank you very much. CHAIRMAN GOEHRINGER: We will not be voting on it tonight. We are just going to close the hearing tonight. So you'll be hear- ing from us by mail as you did the last time and it will be shortly. Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no fur- ther questions, I make a motion closing the hearing reserving de- cision until later. Ail in favor - aye. DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals "'COUNTY OF SUFFOLK PETER F, COHALAN DIR[CTOI~ OF PLANNING December 29, 1086 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s} Municipal File Number(s) Mr. & Mrs. Joseph Best Mr. & Mrs. Joseph Best 3571 3573 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southoid Town Board of Appeals MAIN ROAD- STATE: ROAD 2S SOU'I'HOLD, L.I., N.Y. '1'19'7] TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk Count~~ Planning Commission: × Variance from the Zoning Code, Article×I , Section Z00-119.2 Variance from Determination of Special Exception, Article Special Permit Southold Town Building Inspector , Section Appeal No.:3571 Applicant: Mr. and Mrs. Joseph Best Location of Affected Land: ' Camp Mineola Road, Mattituck, County Tax Map Item No.: 1000-123-06-17 Within 500 feet of: Town or Village Boundary Line NY X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Exi.sting or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Li~es, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Established Channel Channel COMMENTS: Applicant is requesting permission to construct addition at the southerly side of existin~ buildinq with insufficient setback from th~ bulk- head alon~ tidal water area and insuffici~DJ~_~tllack from rear property ]inm. Copies of Town file and related documents enclosed for your review. Dated: December 23, 1986 Secretary, Board o~ppeals Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 18, 1986 Mr. and Mrs. Joseph Best P.O. Box 609 Mattituck, NY 11952 Re: Appeal No. 3573 and~3571 (Variances) Dear Mr. and Mrs. Best: Attached determination Office of the hereto is a copy of the official findings and recently rendered and filed this date with the Clerk concerning 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 processing by their office. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER Enclosure CHAIRMAN Copy of Decision to Building Department By Linda Kowalski Suffolk County Plonning Commission Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11CJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI APPEAL NO.: PROJECT NAME: November 20, 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance 3571 MARGARET and JOSEPH BEST 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 EnvironmD~ta~ 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct addition at the southerly side of existing dwelling with insufficient setback from bulkhead along tidal wate~ area and insufficient setback from rear p~operty line LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private right-of-way extending off the east side of Camp Mineola Rd., Mattituck 123-06-17 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 relief requested is a setback variance regulated as provided in Section 617.13 of the SEQRA, 6 NYCRR FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to ~he applicant or his agent and posted on the Town Clerk Bulletin Board. BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 725 Southold, New York 11971 October 31, 1986 TELEPHONE (516) 765-1892 Mr. Joseph Best Box 609 Mattituck, New York 11952 Re: Camp Mineoa, Mattituck Waiver request Dear Mr. Best: The following action was taken by the Board of Trustees during their regular meeting held on October 30, 1986 regarding the above captioned matter. RESOLVED that the Southold Town Trustees APPROVE the request for a WAIVER of the Wetland Ordinance for Joseph and Margaret Best, Camp Mineola, Mattituck to construct a 33' x 14' porch and a 12' x 3' kitchen extension subject to the following previsions: 1. Roof run off shall be discharged into dry wells. 2. Driveways and parking areas within 75' of the wetlands shall be of porous construction. Blacktop shall not be used on this site. 3. Care should be taken so as to preclude the entry of any construction material into adjacent waters. 4. Immediately following construction all areas of exposed soil shall be properly protected with suitable erosion control devices/and or vegetated to prevent entry of eroded soil into nearby waters. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may have an application pending for the same or similar project. Please remit the $10.00 Fee for the Waiver request. Thank you for your cooperation in this matter. HPS:ip Very truly yours, Henry P. Smith, President Board of Town Trustees '~E'Co/v/C SURVEY FOR MARGARET M. BEST,,,,~,~.,.-.--~'"'-' ~"'~" ' ~ & ADLYN J. SYVERSON AT MATDTUCK TOW~ OF SOUTHOLO SUFFOL~ COU~T~ , ~E~ ~OR~ £. DATE = O£C. ,09,/983 SCALE: /"; $0' NO. = 85' //03 YOUNG a YOUNG "O00S 'RA"OERAVE"UE RIVERHEAD, NEW YORK ALDEN W. YOUNG~PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S. UCENSE N0.12845 HOWARD W. YOUNG, LAND SURVEYOR N.Y.S. LICENSE N0.45S95 Legals NOTICE OF HEARING~ NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold. the following public hearings will be held by the ~ Main Road, Soutbold, NY at a Regular Mesting commencing at 7:30 p.m. on THURSDAY, 7:35 p.m. Appeal Ho. 3573- ~.-_ ~- ~ -, - i: - lffiffZ_ Variance to the'Zoning ORIllflnce, Article II1, Section 100-32 for permission to locate ~ccessory ~ara~e structure in the frontyard area at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. '-.. ~' 7:40 p.m. Appeal No. 3571- MARGARET AHD JOSEPH ~ ii%fiance to the Zonlug Ordinance, Article X1, Section 100-119.2 for permission to con- struct addition at the southerly side of esisfing dwelling with in- sufficient setback from the existing building for storngc and arC. of contlactor's machinery. quipment. Location of Property: West Side of ~abor Road. Orient, NY; County ~ Map District, 1000, Section 18, Block 05, Lot 12. "B-Light" Business Zoning District. 8:20 p.m. Appeal No. 3552- JOHN SENKO. Re~onvene hearing com:erning Variance for shopping center use in this B-I General Business Zoning District containing 30,084 sq. ft. in lot area. Location of Proper- ty:IntersectionofAckerlyPond .ong Island Traveler-Watchman Lane and North Side of Main ............. /.. .... weeks Road. Southol0., NY; County Tax Map District, 1000, Section 70, Block 7, Lot 1. '8:40 p.m. Appeal No. 3574- N~ Variance to the Zoning Ordinanc~ Arti- cle 111, Sections 100-30 and 100-32, and Article X1, Section 100-119.2, for permission to construct storage building with an insufficient set-back ~ sworn, says that she is the ND TRAVELER-WATCHMAN, t Southold, in Suffolk County; the annexed is a printed copy, from bluff along Long Island Sound for storage purposes ac. cessory and incidental to the ex- . ............ d ay o f isting dwelling adjacent to these premises. Location of Proper- ties: Lots No. 3 and No. 2, Map , '1 9 . ~.. of Vista Bluff No. 5060; North Side of Glen Court, Cut- chogue, NY; County lhx Map District, 1000, Section 83, Block 1, Lots 9 and 8. .~..~.~.Z~-. ~.~..~,~. ........... 8:55 Appeal No. 3562- ANA bulkhead along tidal water area G. STILLO. Variances: (1) to the · · ' Zoning Ordinance, Article III, and ~nsufficlent setback from ~ . . ,. ~ Secuon 100-31, for approval of the rear property une at t . . . ...... ~ insufficient lot area, w~dth and prermses locatea on me souru \ . . · 'v ' depth of three parcels m thts side of a pn ate right-of-way ex- \ . . . .. in ff h i pending Minor Subdivision, and tend g o t e east sdc of · (2) to New York Town Law, Sec- Cam~ Mmeola Road, Mat- \(. ~ ' ~",' -~/". ~".'~-:~ ^..'~'~ "'~' ,bver private right-of-way exten- ........... ~./ding from the north s~de of ~:n~ p.m. Appea! ~o. ~na .... ~TAMATIOS AN, D A,LE,NI Mare Road to the premises RAPANAg. I~. Special Excep- question. Location of Property: tion~t'O theZonhtg Ordinance, to At' the north end of private establish one accessory apart- right-of-way (along lands of merit in the existing dwelling Brokaw), North Side of Main structure in accordance with the Road, Orient, NY; County Tax requirements of Article I11, Sec- Map District, 1000, Section 14, tion 100-30(B) subsection [15]. Block 2, Lot 26, containing 3.2 Location of Property: 2030 acres total. Boisseau Avenue, Southold, NY; 9:05 p.m. Appeal No. 3519- County Tax Map District, 1000, STEVEN SANDERS & ANO. Section 55, Block 6, Lot 40· Variance to the Zoning Or- 7:50 p.m. Appeal No. 3569- dinance, Article III, Section BOATMEN'S HARBOR 100-31 for approval of insuffi- cient lot area, width and set- MARINA: Variance to the Zon- ing Ordinance, Article XI, Sec- hacks in this pending set-off tion 100-119.2 for permission to division of land. Location of construct addition to existing Property: Private Right-of-Way dwelling with an insufficient set- located off the north side of Bay back from existing bulkhead. View Avenue, Mattituck, NY; Location of Property: 3350 West County Tax Map District, 1000, Creek Avenue, Cntchogue, NY; Section 106, Block 06, Lot 36. County 'lhx Map District 1000, The Board of Appeals will Section IlO, Block 01, Lot 12. hear at said time and place all 7:55 p,m. Apl~al' No. 3572d persons ot~epresenmtivesd~str- MICHAEL AND JoYcE ingto be~heazdih each'ofT, he M~'ITFES. Special Exception to above hearings. Written com. the Zoning Ordinance, Article ments may also be submitted III, Section 100-30-(B)[16] for prior to the conclusion of the permission to establish "Bed subject hearing. For more infor- · and Breakfast Use~' "an owner- mation, please call 765-1809. occupied building, other than a Dated: November 3, 1986 hotel, where lodging and BY ORDER OF THE SOUTHOLD TOWN breakfast is provided for not more than six casual, transient BOARD OF APPEALS roomers, and renting of not GERARD P. GOEHRINGER, more than three rooms."Loca- CHAIRMAN tion of Property: 50 Lathers Linda Kowalski, Road, Mattituck, NY; County Board Secretary Tax Map District, 1000, Section 1T-11/13/86(1) 113, Block 03, Lot 7. 8.'00 p.m. Appeal No. 3565- FRANK FIELD REALTY INC. Variance to the Zoning Or- dinance, Article Ill, Section 100-3 for permission to establish two-family dwelling use on a parcel of land containing less than 160,000 sq. ft. in area, 270 ft. lot width, 400 ft. lot depth, and with insufficient frontyard, sideyard, and rearyard setbacks. Location of Property: 320 Lin- octt Street, Oresnport, NY; Map of Greenport Driving Park No. 369, Lots No. 71 and No. 72; County Tax Map District. 1000, SectiOn 48, Block 2, Lot 36A. 8:05 p.m. Appeal No. 3566-SE. F~ ~ Special Excep- tion to the Zoning Ordinance, Article Ill, Section 100-30 (B)for permission to establish two- family use at premises referred port, NY; Map of Greenport Driving Park No. 369, Lots No. 71 and 72; County ~ Map District, 1000, Section 48, Block 2, Lot 36.1. 8:10 p.m. Appeal No. 3570-SE- PAUL HENRY. Special Exception ~o the Zoning Ordinance, Article Ill, Section 100-30(B)[16] for permission to establish "Bad and Breakfast Use;" "an owner-occupied building, other than a hotel, y Public ARBARA F@RBES Pu~!i:, S~.ate of New York sion Expires ~/~/.,~ ~/ 19 ~ Legal Notices NOTICE OF REARINGS NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Code of ~he Town of Southold, the follow- lng public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road. Seuthaid, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, NOVEMBER 20, 1~6 and as follows: 7:35 p.m. Appeal No, 3573 - MARGARET AND JOSEPH BEST. Variance te the Zoning Ordinance, Article III, Section 100-32 for permission to mcate accessory garage structure in the frontyard area at premises located on the south side ofa pri- vats right-of-way extending off the east side of Camp Mineala Road, Mattituck. NY: County Tax Map Parcel No. 1000-123- 06-17. ,_ f 7:40 p,m. Appeal No, 3571 BMiARGARET AND ~IOSEPH BI/I/T. Variance to the Zoning ~ Ordinance, Article XL Section I 100-119.2 for permission to con- struct addition at the souther y x~ side of existing dwelling with ! sufficient setbacl~ from the bulk- head along tidal water area and it~ufficient setback from the rear property line at premises cared on the south side of a pri- vate right-of-way extending off the east side of Camp Mineola Road, Matt/tuck, N~; Cua_nty 06-17 7:45 p.m. Appeal No. 3568 - §TAMATIOS AND ALENI RAPANAKIS. Special Excep- tion to the Zoning Ordinance. establish one accessory apart. ment m the existing dwelling structure in accordance with the requirements of Article III. Sec- tio~ 100-30 B~ subsection [15]. Locatton of Property: 2030 Bois- seau Avenue, Southold. NY; County Tax Map District 1000. Section 55, Block 6, Lot 40. 7:50 p.m. Appeal No. 3569 - BOATMEN'S HARBOR 'R[NA. Variance m the Zoning Ordinance, Article XI. Section 100-119.2 for permission to con~ struct midi~tian to existing dwell. lng with a~ insufficient setback From exilting bulkhead. Lacs. tion of PmPorty: 3350 Creek Avenue, Cutohague, County Tax Map District 1000, Section 110, Block 01, Lot 7:55 p.m. Appeal No. 3572 - MICHAEL AND JOYC~ MA'I-I'E$. Special Exception to the Zoning Ordinance, Article HI, Section 100-30-tB)/16I for permission to establish "Bed and Breakfast Use," "an owner-scut. pied building, other than a hotel. where lodging and breakfast is provided for not more than six casual, transient roomers, emi renting of not mom than ~hre~ two-family dwelling use on a parcel of land containing less than 160.C ~q. ft. in area. 270 ft. lot wic 400 ft. lot depth, and with insufficient frontyard, sideyard, and rearyard setbacks. Location of Proper~y: 320 Lin- nett Street, Greenport, NY: Map of Greenpert Driving Park #369, Lots #71 and ~72; County Tax Map District 1000, Section 48, Block 2, Lot 36.1. / 8.~p,m. Appeal No 3566.SE FRAi~ ~ REALTY. IN~. ~gl Exception to the. Zomng Ordinance, Article IIL Section 100.30lB) for permissio~ ~o esuablish two-family use at. reinstate m £Ul] the 1969 Vari- ance 'conditionally approved under Appeal No. 1261). permit- ting the use of a 5,600 sq. ft. existing building for storage and repair of contractor's machinery and equipment. Locatam of Property: West Side of Tabor Road. Orient, NY: County Tax Map District I000. Section t8. Block 05, Lot 12. "B-Light" Busi- nes,~ Zoning Distr. ict, 8:20 p.~h~/~Pp~lr ~0 3,552 -- JOHN SEN~O. ru~eonvene hearing concerning Variance for, .shoFping cantor asa in this B-] General Business' Zoning Dis- trict ~ontaining 30~4 ~q. R. in premises referred to as 320 Lin- lot area. Location nett Street, Greeni?~.rt, NY~ of Property: y~of Greanpert Dr~vmg Park Intersection o4' A,~erly Pond Lane ami North 8de 9f Main 9'L°ts#7~land~72;('~annty> ~ Rm~d:, 8outhold; C~.anky Tax , ome~2,1~t~l. ~ · -. coPtlontoUmZouingOrd{na~ce,% OiL JO~ LOi~O for permission to establish "l~d 1 rude 111~ ~,1~30 and Breakfast Use," oan owner~ 00*32, and A~ie~iXl~ Section occupied building, other tha~ ~ 100-119.2~ for pe~q~io~to con- hotel, where lodging ambla'uak, struct storage buiidia ~With an rooms." Location 5fProperty: 50 Luthers Road, Matt/tuck, NY; County Tax Map District 1000, Section 113, Block 03~ Lot 7. 8:00 p,m, Appeal No. 3565 - FRANK FIELD REALTY Application to withdraw Vari- INC, Variance to the Zonin- Or 8:S&.O ~. Ap0eal -inance ' ~ - ance conditiona y a~proved · ~,. ~'~J~! ~IILi~.c~.L -~.~- ~.d~ ~.~, .......... LLO. si, gar perlffHss~on to establish -~, ~o, a~o to> ticle ~ ~t/o~n~ fast is provided for r~t more. insufr~ient setback f than six casuai,.~tsient room. along Long Island three rooms." Location of Pr~, incidental to the eaisU erty: 236 tf~t'.~ C tL 48t Nm'l~.~ lng ~djasent to these Roa~d, at interseCt/on wl~ Lacet~on of Propertie~ McCann Lane, Gseenport, I~; and '~,2, Map of County Tax, Map District 1000, dL~.0~; North Side Section 033, Block 05, LOt 13,1; Court, Ctfl~hi~ue, N 8:15 p.m. Appeal No. 3576 - Tax Map .Dil~rict BARBARA D. SCHRIEVER; 83, Bloek 1, Lots 9 am wa bluff un,d for or~ and ~g dwell- raises. ~to ~ Bluff kf Glen. County Sect/on provfll of msufi]cient lot area. width and depth of three parcels rn this pending Minor Subdivi- stun, and 12~ to New York Town Law. Section 280-a for anoroval of access over private right-of. way extending from the north side of Main Road to the prem~ ~ses in question. Location of Property: At the north end of private right-of-way (along lands ~f B. BrokawL North Side of Main Road. Orient, NY: County Tax Map District 1000. Section I4, Block 2, LOt 26. con- raining 3.2 acres total. 9:0,5 p.m. Appeal No. 3519 STEVEN SANDERS & ANS. Variance to the Zoning nance. Article III, Section 31 for approval of insufficient lot area, width and setbacks in this pending set-off diwmon of land~ Location of Property: Private Rights,f-way located off the north side of Bay View Avenue. ~Mattituck, NY; County Tax Map District 1000, Sect/on 106, Block 06, Lot 36 The Board of Appeals will~ hear at said time and place all persons or rePresentatives desir- ing to be heard i~ each of the above hearings. Written com. mente may also be submitted prior to the COnclusion of the subject hear ng For more .~ mat]m% Idease cai 1765-1809. Dated: November 3. 1986. BY ORDER OF THE SOUTHOLD I'OWN BOARD OF APPEALS GEP~RD p. GOEHRINGER, k~3562 - CHAIRMAN ~riances: Linde Kowalski. ~- Board Secretary ·FATE OF NEW YORK ) ) 88: COURTy OF SUFFOLK ) Uarol ~gar lai:a of Oreenport, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, s Weekly Newspaper, published et Greenport, in tho Town of Southold, Counw of Suffolk and State of New York, and that the Notice of which the annexed 18 a printed copy, has been regularly published in said Newspaper once each week for one weeks succ~ivety, commencing O~e T day of aovemoer ~9_ PrJn~l Clerk Sworn to before ~e this ~-~ dayof ~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£ Appeals MAIN ROAD-E~TATE ROAD 25 $OUTHOLD, L.I., N.Y. 1'197'1 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified ~n the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CltAIRMAN Page 4 Notice of Hearings (Notification Southold Town Board of Appeals Regular Meeting November 20, 1986 List) Copies to the following 11/6/86: Mr. and Mrs. Joseph Best, Camp Mineola Mr. and Mrs. Stamatio Rapanakis, North Mr. Dennis Ketcham, Manager, Boatmen's Cutchogue, NY 11935 Road, Box 609, Mattituck, NY 11952 Bayview Road, Southold, NY 11971 Harbor Marina, 3350 West Creek Ave., Mr. and Mrs. Michael Mattes, 50 Luthers Road, Mattituck, NY 11952 (P.O. Box 831) Frank A. Field Realty, Inc., Box 631, Greenport, NY 11944 Mr. and Mrs. Paul Henry, 236 North Road, Box S, Greenport, NY 11944 Charles R. Cuddy, Esq., Attorney for Mrs. B.D. Schriever Esseks, Hefter, Cuddy & Angel, Box 279, Riverhead, NY 11901 Stephen R. Angel, Esq., Attorney for Mr. J. Senko Esseks, Hefter, Cuddy & Angel, Box 279~ Riverhead, NY 11901 Dr. and Mrs. John Loreto, Box 41, Cutchogue, NY 11935 Rudolph H. Bruer, Esq., Attn: Mrs. P.C. Moore,'Attorney for A. Stillo Main Road, Southold, NY 11971 Rudolph H. Bruer, Esq., Attn: Mrs. P.C. Moore, Attorney for Sanders and Schwartz, Main Road, Southold, NY 11971. Town Clerk Bulletin Board Z.B.A. Office Bulletin Board Building Department Z.B.A. Individual Files Z.B.A. Board Members Personal Delivery - Suffolk Times and L.I. Traveler-Watchman JUDITIt T TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TO: FROM: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 22, 1986 Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. 3571 , application of Joseph & Margaret ~st for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. TOWN OF $OUTHOLD, NEV~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ;, (w, .~.~:~.h.~,..~L...~.~.L.~.~of ................. f...c~..v~.t..z,.....~c~ ...................... Name of Appelloht Street and Number .............. TO Muni~:ipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... Iv~ap No. Lot No. J WHEREBY THE BUILDING INSPECTOR DENIED TO .~.~¢~.d.....~......~.~.b...!5~k hJame of,Applicant for permit o, ......... ........... Street dnd Number Municipalit~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) LOCATION Of THE PROPERTY ......~..[.,\ .~-~'~...~'/D.~ ......................................................... Street 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.) 3. TYPE OF APPEAL Appeal is made herewith for (/~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to Jack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 , 4. pREvIOUS APPEAL A previous appeal (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit (/<) request for o variance and was mode in Appeal No..~.h.S..~ ................ Dated ..:~..~..~.....:__ ....... ~.!..\....~.X.~.....~.. .................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance ,s requested for the reason that J~_ uo~utd~ I k~ 4~ ~'orrn ~.]m! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saW HARDSHIP because -. 2, The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF~. ~r"- ) Signature ~o~r~ Public, State of New Yo~k No. 4~'~8118 Qualified in Suffolk County ~ml~ion Expir~ ~l,an~ 81, 1989 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(Special Exception) (Special Permit) (Othe:) [¢i:¢1e cho±ce] ). 2. That the property which is the subject of the Petition is I,,9cated adje~ent.tl) your prolaertw and is des. cribed as follow~ lOC) ~x' ,'2~/-~C7h9 ~(~ ~0 ~ ~ ~ ~~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That ~by such PetLtion, the undersigned v~il~ requesl; the,following relief: -~ 5. That the provisions o]L.t~e Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~LL Sect/on ~'~ ~ I '~ [ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. P~t~[i~n~, Ns mas: Post Of~e Addr~s ~ P 281 531 464 RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNAT~0NAL MAIL (See Reverse) P 281 531 465 ~ECEIPT POR ~ERTIFIED ~AIL P 281 531 463 RECEIPT FOR CERTIFIED MAlt , residing at C(IL~/~ ?O~...O b ,, , being duly sworn, deposes and says that on the ~ day ~ (~ ~ ~ C ,19 ~ ('~ , deponent mailed a true copy of the Notice ~t forth on the re- vere side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current~msm~qt rell of the Town of Southold; ficeat I ~_~ t~ ~ ; that said Notices were mailed to each or.id persons by (certified) (registered) mail. Sworn to before.me this ~ day No. 47281 t~ ~Miiied in Suffolk County ~mi~ ~p~ Jan, 31, 19~ that said Notices were mailed at the United States Post Of- I (This side does not have to be completed on form transmitted to adjoining property owners.} SHORT ENVIRONMENTAL ASSESSMENT FORM IHSTRUCT!ONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action, It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (¢) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . Will there be a major change to any unique or unusual land form found on the site? . · Be 5. 6. 7. 8. 5 10. 11. 12. 13. l&. 15. PREPARER' S REPRESENTING: Will project alter or have a large effect on an existing body of water? · o o ° · · Will project have a potentially large impact on groundwater quality? · , · Will project significantly effect drainage flow on adjacent sites? · · · Will project affect any tbs·at·ned or endangered plant or animal species? , , Will project result in a major adverse effect on air quality? , · ° ° ° ° · , · · Will project have a major effect on visual char~ acter of the community or scenic views or vistas known to be important to the community? · ° · Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologioal importance or any site designated as a critical environmental area by a local agency? · · · Will project have a major effect on existing or future recreational opportunities~ · . ° Will project result' in major traffic problems or cause a major effect to existing transportation systems? · · · · · · · · · · · ° Will project regularly cause objectionable odors~ noise~ glarer vibratlon~ or electrical disturb- ance as a result of the project's operation? . Will project have any impact on public health or Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of the community cr neighborhood?.. Is there public controversy concerning the project? % DATE: Yes ~ No Yes YX' No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes 3-- No Yes ~ No Yes ~ No Yes ~ No yes ~ No Yes ~ No Yes ~ No To: ('£cd.~y' s Dar_o), Southo!d Town Board of Appeals ~lain Road Sou=hold, HY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the lie:.; York Sta~e. Environmental Conservation Law, please be advised subject property i,n the within appeal ap. (ph.d._ ch,~ck one box) [ t'lay be located ~ithin 300 feet of ~idal wetlands hc%.n:ver, constructed along the wa~er-lyin~] edc..e of this property is a bulkhead in very geed -- condition and a~ least 100 feet in ,'length. [ ] May b'e 'located within 300 feet of -~-~ ~ - t_~a_ wet!and:. however, constructed along the wa:e'r-lyin? edge of thi~ property is a bul.'.:head in need of ( (majorJ repairs, and aoDr~xima~e~v _ length. -- -- feet in [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ]' May be loc"'ted :.~ithin 300 feet Of ' " t~da! wetlands; and there is no bulkhead or c, 'on the premises, un ..... wall e::isf:n ' ~ ] Is not located within 300 feet of tidal Wetlands to the best of my knowledge.* ["tarred items (*) ndlcate your proDerty does appear to fall withi:l the jurisdiction of the II.y.s' D.E.C. Sincerely yourz, t:OT~: If proposed projec~ falls wiul~in O.E.C. jurisdiction, approval must be received an¢ suhmit~6d to our office befoce your application can be scheduled £o£ a public hearing.