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HomeMy WebLinkAbout3446 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD. L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPE~S_ Appeal No. 3446 Application 'Dated December 20, ]9~5 (Public Hearing February 6, ]986) TO: Mrs. Margery D. Burns [Appellant(s)] 53245 Main Road S0uth0]d, NY ]197] At a Meeting of the Zoning Board of Appeals held on March 10, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article VII, Section ]00-.70(C)[]] [ ] Request for Application of MARGERY D. BURNS for a Variance to the Zoning Ordi- nance, Article VII, Section lO0-70(C)[1] for permission to construct accessory inground swimmingpool upon premises known and referred to as 53245 Main Road, Southold, NY, presently zoned "B-I" General Business; identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 01, Lot 008.1. WHEREAS, a public hearing was held and concluded on February 6, in the Matter of the Application of MARGERY D. BURNS under Appeal No. 3446; and 1986, WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that there has been no public opposition; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding area; and WHEREAS, relief was granted by the Southold Town Board on Novem- ber 7, 1985 pursuant to the provisions of Local Law No. 14-1985 in effect at the time of this application; and WHEREAS, the board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 01, Lot 008.1, consisting of a total area of approximately one-half acre with 84.68' frontage along the southerly property line along the north side of the Main Road, Southold. 2. The subject premises is improved with: (a) a single-family two-story frame dwelling and (b) a separate two-story garage structure with apartment, for which a variance was received on June 15, 1978 under Appeal No. 2430, and Building Permit No. 14242 was issued September 5, 1985. 3. By this application, appellant requests a Variance to (CONTINUED ON PAGE TWO) DATED: March 14, 1986. Form ZB4 (rev. 12/81) CHAIR/VL~N, SOUTHOLD TOWN ZONING BOARD OF APPEALS Decision - P~ge 2 Appeal No. ~46 MARGERY D. BURNS Decision Rendered March 10, 1986 Article VII, Section lO0-70(C)[1] for permission to construct a 16' by 32' inground swimmingpool to be attached to the existing single-family, two-story frame structure with a five' wrap-around deck, leaving a setback from the westerly side property line from the deck at nine feet and erecting a fence enclosure, around the deck and pool structure, along the westerly property line and as shown by the February 10, 1986 sketch. 4. The premises in question is located in the "B-l" General Business Zoning District. In considering this application, the board has determined: (a) the relief requested is unique; (b) the relief requested is not substantial; (c) there will be no substantial adverse change to the character of this district since the premises are and have been used for residential purposes, and the swimming- pool is accessory and incidental thereto; (d) the public health, welfare, comfort, convenience, order and safety of the town will not be affected by upholding this application; (e) the spirit of the ordinance will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED~ to GRANT the relief requested under Appeal No. 3346 for permission to construct inground swimmingpool with attached decks, and fence enclosure, accessory and incidental to the existing residential use of the premises and not to be operated for gain or business purposes, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck and pool structure be constructed no closer than 9 feet to the west property line as applied; 2. The deck and pool structure not be roofed (enclosed) at any time; 3. There be no lighting that would be adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Members Doyen and Douglass were absent.) This resolution was duly adopted. lk March 14, 1986 Town Cflcrk. To~.i;~ c ~ "~,: ~ NOTICE IS HEREBY GIVEN~ pursuant to Section 26? of the Town Law and the Code of the Town of Southold~ the fo[lowing 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 ?:30 p.m. on THURSDAY ~ FEBRUARY 6~ [986 and as follows: 7:35 p.m. Appeal No. 3432- JOHN AND JOYCE HOLZAPFEL (Recessed from l/9/86). f ?:40 p.m. Appeal No. 3446- MARGER________~Y ~Ordinance, Article VII, Section 100-?0(C)(I) for permission to construct accessory inground swimmingpool upon premises known and referred to as 53245 lVlain Road, Southold, identified on the Suffolk County Tax Maps as District 1000~ Section 6l~ Block 01,~! Lot 008. l. 7:45 p.m. Appeal No. 3[96 - WALTER HAIRSTON~ (Estate of). Variance to the Zoning Ordinance, Article III~Section 100-3[: Bulk Schedule~ for approval of two parcels (with existing dwellings )having insufficient area, width and depth. Location of Property: West Side of Carroll Avenue, Peconic: NY; identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 3~ Lot [0. 7:50 p.m. Appeal No. 3454 - ALICE D. CURRIE. Variance to the Zoniag Ordinance, Article III, Section [00-3l, Bulk Schedule~ for permission to construct addition with an insufficient rearyard setback at 1815 soundview Avenue Southold, NY; County Tax Map Parcel No. 1000-59-06-019.l, 7:55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER~ JR. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 575 Old Harbor Road~ New Suffolk~ NY; County Tax Map Parcel No. 1000-117-3-6. 8:00 p.m..Appeal No. 3444 - JOSEPH AND FRANCES GRASSO. Variance to the Zoning Ordinance~ Article III~ Section [00-32 and Article XI. Section 100-[19.2: for permission to locate accessory storage building in the sideyard area and with an insufficient setback from wetlands, at 7145 Soundview Avenue, Southold~ NY; County Tax Map Parcel No. [000-59-06-003. 8:05 p.m. Appeal No. 3448 - RIVERSIDE HOlVIES, INC. Variance to the Zoning O rdinance~ Article III~ Section 100-3l, Bulk Schedule, for permission to locate new dwe[[in9 with insufficient front and rear yard setbacks. Location of Property: East Side of Private Road (off the south side of Soundview Avenue), Peconic, NY; identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 9~ Lot 18. o'% Page 2 - Legal Nctice of Hearings Southold Town Board of Appeals Regular Meeting - February 6,1986 8:10 p.m. Appeal No. 3383- ANNA PACIFICO. Variances to the Zoning Ordi- nance~ Articles: (a) III~ Section 100-3l~ Bulk Schedule for permission to construct addition with an insufficient sideyard setback~ (b) III, Section 100-3I~ Bulk Schedule for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements~ (c) XI Section 100-llg.2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive~ Southold~ NY; County Tax Map Parcel 1'4o. I000-53-05-034~ (also known as Lot ,~13~ Map of"Southold Shores," Map No. 3853. 8:20 p.m. Appeal No. 342l - JOSEPH ZIELONKA (ESTATE OF). Variance to the Zoning Ordinance~ Article III, Section 100-30~ and Article XI~ Section 100-118 ~ for permission to utilize premises located in this A-Residential and Agricultural Zoning District for two B-Light Business uses £'n addition to two dwelling uses. Location of Property: 27475 Flain Road~ Cutchogue, NY; County Tax Map Parcel No. 1000-102- 01-13. 8:25 p.m. Appeal No. 343] - GAIL DESSIlViOZ AND iviICHAEL RACZ . Variances to the Zoning Ordinance~ Article XI, Sections I00-ll8(E) and 100-tl9.2 for: (a) permission to renovate and expand existing nonconforming cabin (guest cottage without kitchen facilities) exceeding 50% of value and square footage of same as exists, and (b) permission to construct addition to existing nonconforming cabin within I00 feet of bluff along the Long Island Sound, premises known as 4255 Private Road itl0 (Hallock Lane)~ ~Viattituck~ NY; County Tax Map District 1000~ Section I12~ Block 01, Lot 004. (Hearing recessed from December 12~ 1985) . The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information~ please call 765-I809 (alt. 1802). Dated: January 21~ 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN INSTRUCTIONS TO NE~JSPAPERS: Please publish once~ to wit: Thurs_day, January 30; 1986: and forward nine affidavits of publication to: Board of~ppeals: Main Road: ~. Southold, NY 11971. (on or before February 3rd) TOWN OP £OUTHOLD BUH~DP{O DBPARTMENT TO ¢,~' CLERK'S 8OUTHeML NOT[C~ OF D~SAPPROYAL /- PL:,AS~z I[ AKh NOTICE that your appHcat~o~ dated .... , ,, County Tax Map No. log0 Sectio~ .............. B~ock Subdivision ................. Filed Map No ................. Lot No .................. is re~tlrned herewith and disapproved on ~he following grounds 7~, , (~. ~f~,~. · . Building Inspector RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, ToWN O~ SOUTHOLD, N. Y. - Margery g~ ~ Burns ~ ~ 53245 -Main Road 1, ~(We) ......... ~ ........................ ~..~,..., .......... i.~ ......... Of ..,., ............. ~ ....................................................... Name of Appellor~t ~ ~ ::Street and Number Southold New York ............................ tJ~l(~u¥ APPEAL TO Municipality State APPEAL NO. ~? c~ c//~ DATE ../.. ,~;. 7, ~..O.. ,T..~ .~.. THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of 53245 Main Road Souihold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...... ,5.,3.2..4...5...,M..a..i..n....R.:.°..a...d. ......... .~...i~..B..L.JL.'.'....B.,,u.,e.i.n_.s..s. ................... Street Use District on Zoning Mop 1000.061-01-008. 1 MargeryD. Burns .................................................................................. Current Owner 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.) Afl. VII Sec. 100-70~(1) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( - ) A ~/ARIA~CE 3ue ~o I~ck~ of acce~ (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~-~J~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that I wish 'co construct an inground swimming pool, 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 if I don't get a variance, I will not be able to construct an inground swimming pool. This property is zoned Busfness and a ~6oo1 is not listed as a permitted use. 2 The hardshia created is UNIQUE and is not shared ay ail properties alike in the vicinity of this property and in this use district because Same as above immediate 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it will not change the rise of the property as it is only an accessory inground swimming pool. STATEOF NEWYORK )~ ss .... COUNTY ~~"~ _~, Sworn to this ............ At. ICE J. KRAMER NOTARY PUBLIC, State of New York Residing in Suffolk County N~. 52-4822133 ~ ~y Commi~ion/xpir~ March 30, i OWNER STRE~~ *1m ¥~L~G~: SUB. LOT RES'2/(~ LAND SEAS. VL IMP. TOTAL I RM COMM. CB. MISC. Mkt. Value REMARKS ACR. TYPE OF BUILD}NG AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE ' FARM Acre Value Per Value Acre Tillable ] Tillable 2 Tillable 3 Woodland FRONTAGE ON WATER ~Swompland Brushland House Plot ' FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Total M. Bldg. Extension Extension Extension ~,,t/~-~ 7,j~ ,~,~ Parch Breezeway Garage~ Patio .Total z: ?, - TRIM Basement Ext. WaJJs Fire Place Type Roof Recreation Roo~ Dormer Driveway Bath F oa s FT ,t Heat Rooms 1st Floor Rooms 2nd Floo~ RO~ERICK VAN ~UYL, P.C. GREENPORT NEW YORk SIJFFOL~ 'L~O: HEALTH DEPt. AppROvAL ' H. S, NO. O' ~' ~,'~" ~TA?__E_MENT OF INTgN_T THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOr THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. (S)~ APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES-- FOR APPROVAL OF CONStrUCTION ONLY DATE: H. S, REF. NO.: APPROVED: SUFFOLK CO. TAX MaP DESIGNATION: DIST. SECT. BLOCK PCL, OWNERS ADDRESS: DEED: L, ~/~ P. STAMP SEAL Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 ~=OUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS~0ARD February 6, 1986 MEMBERS GERARD P.~,GOERRINGER, CHAIRMAN S · E · Q. R. A. CHAR L~[~G~RIGON IS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARA'/'ION ROBERT J. DOUGLASS 30SEPHH. SAW~CK~ Notice of Deter. ruination of NonT]~_i_gnificance APPEAL NO.: 3446 PROJECT NAFLE: MARGERY D. BURNS This notice is issued pursuant to Part 617 oF thc implementing [~,gulations pertaining to Article 8 of ]he H.Y.S. Environmental (Ju~]ity Review Act of the Environmental £'~m:scrw~tion Law ~nd Lc)eel L~w ~;~4-4 of the Town of Southo]d. This board determines the within I)rojeet not to }[.:~ve a s~gnJ£i- cant adverse effect on the environment For Lhe ~-ea~;~:: .)a(]icate(1 b(: 1 OW. Please take further notice that th]~'; dec]arati~)n .';l]ould not considered a determination made for any oLher (l(;~)artm,]nt ()r aqe~ey ~hJch may also have an application pendJnq (or ~}]c [;.n~c: ~r p~oject. TYPE OF ACTION: [ ] Type II [X] Unl. i[;t~:d [ ] DESCRIPTION OF ACTION: Accessory ingr0und swimmingp00] structure in this "B-l" Business Zoning District. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 53245 Main Road, S0utho]d, NY. REASON(S) SUPPORTING THIS DETERMINATION: (1) ~ Environmental Assessment in the short form has been ~ubmitted 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 ]0cated within 300 feet of tidal wetlands areas. (3) The relief requested is concerning use and is not directly related to setbacks or actual construction. /.Z x 2,A of Margery D. Burns Southold, N.Y .... of proposed swimming Property 53245 Main Road, showing location pool Town of Southold Board of Appeals COUNTY OF SUFFOLK Department of Planning 360-5206 March 21, ~986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have beet1 referred to the Suffolk County Plann/ng Commission are considered to be a matter for locsl determina- tion. A decision of local determ/nation should not be construed as either an approval or a disapproval. Applicant(s) M,,-icipal File Number(s) Margery D. Burns 3346 Very truly yours, Lee E. Koppelman Director of Planning Clt ie f Planner Southold Town Board of Appeals MAIN ROAD- STATE RI-lAD 25 Sl3UTHE3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlC½1 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×_ Variance from the Zoning Code, Article VIZ , Section 100-?0(C)(Z) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3346 Applicant: IVL~RGERY D. BURNS Location of Affected Land: 53245 Main R~., Southold, County Tax Map Item No.: 1000-~1-01-008.1 Within 500 feet of: Town or Village Boundary Line NoYo ...... Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed Other Recreation Area County, State or Federal Pdrk or ........ Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Ct)annel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct accessory inground swimmingpool upon premises ~re~ently zoned "B-i" General Business Copies of Town file Dated:Marc~ 18,1986 and related dGcuments enclosed for your review. Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN RDAD- EJTATE RDAD 25 5nUTH[3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 March 14, 1986 Mrs. Margery D. Burns 53245 Main Road Southold, NY 11971 Re: Appeal No. 3346 (Variance) Dear Mrs. Burns: 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 hesitate 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 Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission Dickinson Real Estate Agency BROKER MARGERY DICKINSON BURNS MAIN STREET, SOUTHOLD, L. I., N. Y. 11971 516 SOuthold 5-1640 NOTICE IS HEREBY GIV-. EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD 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, FEBRUARY 6, 1986 and as follows: 7:35 p.m. Appeal No. 3432- JOHN AND JOYCE HOLZAPFEL (Recessed from 1/9/86). ,.._- ~ 7:40 p.m. Appeal No. 3446 MARGERY D. BURNS Variance to the Zoning Or- dinance, Article VII, Sectiox 100-70(C) (1) for permission construct accessory ingrounc swimming pool upon premis~ known and referred to as 5324 Main Road, Southold, Nl presently zoned "B-I" Genen Business; identified on the folk County 'Fax Maps District 1000 Section 61, Bloc 01, Lot 008.1. -- 7:45 p.m. Appeal No. 3196- WALTER I~AIRSTON, (Estate of). Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of two parcels (with ex- isting dwellings) having insuffi- cient area, width and depth. Location of Property: West Side of Carroll Avenue, Peconic, NY; identified on the Suffolk Coun- ty Tax Maps as District 1000, Section 74, Block 3, Lot 10. 7:50 p.m. Appeal No. 3454- ALICE D. CURRIE. Variance to the Zoning Ordinance, Arti- cle III, Section 100-31, Bulk Schedule, for permission to con- struct addition with an insuffi- cient rearyard setback at 1815 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-06-019.1. 7:55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER, JR. Variance to the Zoning Or- dinance, Article II1, Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 575 Old Harbor Road, New Suf- folk, NY; County Tax Map Parcel No. 1000-117-3-6. 8:00 p.m. Appeal No. 3444- JOSEPH AND FRANCES GRASSO. Variance to the Zon- ,.inly' Ordiniance?/trtlcle 1i 1,' Sec- 'ti~100=32 a~{d:A~flcl6 ~ ~'tb~ q00-119'.2', [:Or ~6r~ssi~n' to locate accessory storage building in the sideyard area and with an insufficient setback from wetlands, at 7145 Soundview Avenue, Southold, NY; Coun,ty Tax Map Parcel No. 1000-59-06-003. 8:05 p.m. Appeal No. 3448- RIVERSIDE HOMES, INC. Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for per- mission to locate new dwelling with insufficient front and rear yard setbacks. Location of Pro- perry: East Side of Private Road (off the south side of Soundview Avenue), Pecordc, NY; identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 9, Lot 18. 8:10 p.m. Appeal No. 3383- ANNA PACIFICO. Variances to the Zoning Ordinance, Ar- ticles: (a) III, Section 100-31, Bulk Schedule for permission to construct addition with an in- sufficient sideyard setback. (b) 111, Section 100-31, Bulk Schedule for permission to con- struct addition which exceeds the maximum-permitted 20% lot coverage requirements, (c)Xl Section 100-119.2 (B) for permis- sion to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive, Southold, NY; County Tax Map Parcel No. 1000-53-05-034, (also known as Lot No. 13, Map of "Southold Shores," Map No. 3853. 8:20 p.m. Appeal No. 3421- JOSEPH ZIELONKA (ES- TATE OF). Variance to the Zon- ing Ordinance, Article I11, Sec- tion 100-30 and Article XI, Sec- tion 100-118, for permission to utilize premises located in this COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been pubtished in said kong Island Traveler-Watchman once each week for ................... /. ....... weeks successively, commencing on the ...... ~-~.~:' ~ day.~of....~ .... , 19..~.~: .~--, ........ = ...... ::::. :7 .... .. Sworn to before me this ..................... day of Notary Public BARBARA FC, RBES i.,~otc~t.y Ft, bic, Stt~Le o~ New ¥ozlc Legal Notices LEGAL NOTICE 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 APPEAL8 at the Southold Town Hall, Main Road, ,%uthold, NY at a Regular Meet- mg commencing at 7:30 p.m. oh TIIURSDAY, FEBRUARY 6, 1986 and as follows: 7:35 p.m Appeal No. 3432 - JOHN AND JOYCE HOL-~ ZAPFEL (Recessed from 1/9/66). /, 7:40 pm. Appeal No. 3446 - MARGERY D. RURNS. anco to the Zoning Oral nance, Article VII, Section 100-70(C)(1) aery reground swimming pool ~ red to as 53245 Main Road Southold, NY, presently zoned "B-I" General Business; iden- / Maps as District 1000, Section ~61, Block 01, Lot 008.1 '~- 7:45 p.m. Appeal N~. 3196 WALTER HAIRSTON, (Es- tate of). Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of two parcels (with exist- ing dwellings) having insuffi- oent area, width and depth. Lo- cation of Property: West Side of Carroll Avenue, Peconic, NY; identified on the Suffolk County thru 74, Block 3, LOt 10. 7~50 p.m. Aplmal No. 3454 - ALICE D. CURRIE. Variance III, Section 100-3t, Bulk Schedule, for permission to con- Seundview Avenue, Southo]d, 7:55 p.m. Appeal No. 3443 - FREDERICK W. KOEHLER, J tL Variance to the Zoning Ordi- nance, Article Ill, Section 100-32 for permission to locate tennis required rear yard at 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. JOSEPH AND FRANCES GRASSO. Variance to the Zen- mg Ordinance, Article III, Sec- Uon 100-32 and Article XI, Sec- 'hue, Seuthold, NY; County Tag 8:05 p.m. Appeal No. 3448 - RIVERSIDE HOMES, INC. gariance to the Zoning Ordi- ~ance, Article III, Section 100- 1, Bulk Schedule, for perrnis- ion to locate new dwelling with asufficient front and rear yard atbacks, Location of Property: asr Side of Private Road (offthe ~uth side of Seundview ~ue/, Peconic, NY; identified on te Suffolk County Tax Maps as LOt 18. 8:10 p.m. Appeal No. 3383 - ~NA PACIFICO. Variances the Zoning Ordinance, Arti- cles: (al 1II, Section 100-3L ,~ulk Sehedui~kr perrnis~'~n to con- struct ~l~ion :.tth an insuffi- cient sidoyard setback, (b) III, Sectiol~ 100-31, Bulk Schedule for permission to construct addi- tion which exceecks the maximum-permitted 20% lot coverage requirements, (c) Section 100-119.2(B) for permis- sion to construct addition with an insufficient setback from wet- lands. Location of Property: 1250 Blue Marlin Drive, SeuthoId, NY; County Tax Map Parcel No. 1000-53-05-034, ialso known as Lot #I3, Map of "Southold Shores," Map No. 3853. 8:20 p.m. Appeal No. 3421 - JOSEPH ZIELONKA (ES- TATE OF). Variance to the Zon- ing Ordinance, Article lll. Sec- tion 100-30, and Article XI, Sec- tion 100-118, for permission to utilize premises located in this A-Residentiul and Agricultural Zoning District for two B-Light Business uses in addition to two dwelling uses. Location of Prop- erty: 27475 Main Road, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-102~01-13. 8;25 p.m. Appeal No. 3431 - GAIL DESSIMOZ AND MICHAEL RACZ. Variances to the Zoning Ordinance, Article XI, Sections 100-118(E) and 100- 119.2 for: (a) permission to reno- vate and expand existing non- conforming cabin (guest cottage without kitchen facilitiesl ceeding 50% of value and square footage of same as exists, and (b) permission to construct addition to existing nonconforming cabin within 100 feet ofbluffulong the Long Island Sound, premises known as 4255 Private Road #10 (Hallock Lane), Mattituck, NY; County Tax Map District 1000, Section 112~ Block 01, Lot 004 (Hearing recessed from De- cember 12, 1985). The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more in- formation, please call 765-1809 (alt. 1802l. Dated: January 21, 1986. ' BY ORDER OF TDE SOUTttOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN 1TJ30-5143 STATEOF NEW YORK } ) SS: COUNTY OFSUFFOLK ) Mary K. DEqnan __ of Groonport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and State of Now York, end that tho Notice of which tho annexed is a printed copy, has boon regularly published in said Newspaper once each week for weeks successively, commencing on the dayof Ja l~_u~ ~:~c 198G // Pr/ihcipal Clerk -; Sworn to before/mo this ~ ~ ^HH M ;,BM[ a. of k4 ,.. ~/JSLIC, St;~t, ot r;~,~ Y~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11cJ'71 TELEPHONE (516) 765-1809 January 6, 1986 Mrs. Margery D. Burns Main Road, Box 566 Southold, NY 11971 Re: Appeal No. Dear Mrs. Burns: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about January 30th, written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearings will be sent to you prior to publication in the Suffolk Times and L.I, Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN ~, :~/<. -/' ,:6:C.~ .. ~ 1~: ~ --B~ Linda KOw~lski Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, 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. SAWlCKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure JUDITII T ]ISRRY TOV,~ CLERK REG[WI'I~^R OF VITAL ST^TIST[C$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 20, 1985 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. 3446 application for a variance by Margery D. Burns and accompanying papers as outlined on the attached letter of transmittal from Margery Burns, dated December 19, 1985. Judith T. Terry Southold Town Clerk BROKER MARGERY DICKINSON BURNS Dickinson Real Estate Agency MAIN STREET, SOUTHOLD, L. I., N. Y. 11971 516 SOuthold 5-1640 December 19, 1985 SOUTHOLD'S OLDEST AGENCY Est. 1921 Southold Town Board Southold Town Hall Main Road Southold, New York of Appeals 11971 Att: Mrs. L. Kowalski Re: Appeals Application of Margery D. Burns 53245 Main Road, Southold, for Inground Swimming Pool Dear Board and Mrs. Kowalski: Re the above application I am enclosing the following: Notice of disapproval from Building Department Application for Appeal in triplicate Notice to adjoining property owners showing certified Short Environmental Assessment form Wetlands letter Sketch showing proposed inground swimming pool Letter and Resolution from Town Clerk granting permission Southold Town Building Inspector Approval Four copies of survey showing location of proposed pool mail receipts for poo] I would very much appreciate your reviewing the above putting this matter on the calendar for a hearing. Thanking you, I am Very truly yours, Mar e ' ' g y so urns and pending Copies of the Legal Notice to the following 1/28/86: Suffolk Times (Personal delivery) LI Traveler-Watchman (Personal delivery) Mrs. Margery D. Burns, Main Road, Southold, NY 11971 Mrs. Virginia Hairston, 1675 Carroll Avenue, Peconic, NY 11958 Mr. and Mrs. Lawrence Currie, 68 West Fenimore St, Valley Stream, NY 11580 Mr. Joseph Grasso, 1726 Meadow Lane, East Meadow, NY 11554 Mr. James Gray, Southold, NY 11971 Mr. Frederick W. Koehler, Jr., Box 293, New Suffolk, NY 11956 Riverside Homes, Inc., P.O. Box 274, Riverhead, NY 11901 Paul A. Caminiti, Esq., Main Road, Southold, NY 11971 (Pacifico) Mr. John Wickham, Main Road, Cutchogue, NY 11935 (Zielonka) Mr. Douglas Peix for Racz & Dessimoz, 208 Fifth Ave, NY, NY 10010 Charles Matthews, Esq. in opposition, Box 800, Huntington, NY 11743 Town Clerk Bulletin Board ZBA Bulletin Board Building Department ZBA Individual Files ZBA Members TOWN OF SOUTHOLD, NEW YORK APPF. AL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ g~e ' · ' - .... DATE .~/,-~.,.~ ..(..~.?..? TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. - Margery g.-.Burns 53245 Main Road 1, (We) ........................................................ ~ ......... of ............................................................................ Nome of Appellant : ' Street and Number Southold New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Nome of Applicant for permit of 53245 Main Road Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ,5..3..3.~.5..M..?..i.~ Road "B- 1" Bueinss Street Use District on Zoning Map 1000-061-01-008. 1 .................................................................................. Current Owner Margery D. Burns Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art. VII Sec. 100-?0C(1) 3, TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of occeJs (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~r~hos not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance end was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ! wish to construct an inground swimming pool. 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 if I don't get a variance, I will not be able to construct an inground swimming pool. This property is zoned Business and a:[5oOris not listed as a permitted use. 2. The hardship created is UNIQUE ond is not shared by all properties alike in the immediate vicinity of this property and in this use district because Same as above 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it will not change the use of the property as it is only an accessory inground swimming pool. COUNTY ' , ' r ,t,? ~ ' ........../"~'r-*'/-~4 '~/',- ~S~n~ature'*:,- T Sworn to this ............ :...~...~,.,. .................. day of ........... 19~ ALICE J. KRAMER NOTARY PUBLIC, State of New York Residing in Suffolk County No. 52-4822133 My Commission Expires Marcl~ 30, BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter oT the Petition' of : ~r~er~ D, Burns : : to the Board of Appeals of the Town of Southold : TO: Thomas P. LouMherty & Pennin~ton Drive Hun$inM~on, New York 11743 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T,.h. aU. LLi~~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(iVarianc_~(Special Exception) (Special Permit) (Other) [¢irole 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 53245 ~.~in Ro~d, $outhold 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 Business 4. That by such Petition, the undersigned will request the following relief: to build in-~round swimming, oool $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article VII Sectic~ 100-70 C (1) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 61 That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold 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 ~ust be published at least five days prior to the date of s0ch hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~'~, Petitioner Owners 'Names: Post Offi_/e Address.~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 390 609 002 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR iNTERNATIONAL MAiL f~ee Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Margery D. Purns , residing at 53245 Main Road Southold N.Y. , being duly sworn, deposes and says that on the 18th day of November ,19 85 , deponent mailed a true copy of the Notice set forth on the re- vel'se side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of 5outhold; that said Notices were mailed at the United States Post Of- .rice at Southold~ New York ; that said Notices were mailed to each of said persons by (certified) (r~r~t[q~) mail. Sworn toj~efore mc.this , ~ day of ~f~t~:-,~, 19 ~ N ~::~/r y -P~ic ALICE J. KRAMER NOTARy PUBLIC, State of New York ResiUing m Suffolk County No. 52-4822133 My Commission Expires March 30, (This side does not property owners.) have to be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of F~.r~ery D. Burns to the Board of Appeals of the Town of Southold TO: Drell Corp. 205 ~mple Lmne Southold, New York 11971 Att: Mr. Lewis Edson NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request~Special Exception) (Special Permit) (Other) [circle choice] 2. That the Pr°'p~Lty~wbLch'iso~z,~olvialn ~iect of the Petition is located adiacent to your property and is des- cribed as follows: 3. That the property which is the subiect of such Petition is located in the following zoning district: "B l" Business 4. That by such Petition, the undersigned will request the following relief: to build an inground swimming pool 5. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article VII Secticmu lOO-?O ~.(1) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Sou~hold, New York and you ma), then and there examine the same during regular office hours. (51&) 765-180~. 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 mus~ 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; ~hat you or your representative have the right to appear and be heard at such hearing. Dated: ,.~? P.titione, / Owners'Names :///~F-~/~J~/m~- _ PRO~~$ ATTACH CERTIFIED MAIL ADDRESS P 390 609 003 RECEIPT FOR CERTIFIED MAIL NO ~NSURANCE COVERAGE PROVIDED- NOT FOR INTERNATIONAL MA~L (,See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Margery D. Burns , residing at53245 Main Road Southold N.Y. , being duly sworn, deposes and says that on the 18th day of November ,19 8,~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post 04'- fice at Southold~ N.Y. (certified) (rli#i&lelra~d) mail. Sworn to~efore me ;his day of ~-l~o~a ~ Public ; that said Notices were mailed to each of said persons by ALICE J. KRAMER NOTARY PUBLIC, State of New York Residing in Suffolk County No. 52-4822).33 Commission Expires March 30, My (This side does not have to property owners.) be completed on form transmitted to adjoining 'iToda{y ' '$ Date) To: Ilo.: Southo!d Town Board of Appeals blain Road Southold, NY 11971 Appeal Application of Margery D. Burns Location of Property: 53245 Main Road. Soulhold Dear Sirs: In reference to th(: New York State Tidql Wetlands Land-Uae Re'guiations, 6 NYCRR, Part 661, and Article 25 of the New York State Environ:nental Conservation Law, please be advised that the subject property i.n the within appeal application: (please chuck one bo:<) [ ] May be located within 300 feet of tidal wetlands hc~.n7ver, conntructcd along the water-lyinq edgo of this property is a bulkhead in very good condition and at least 100 feet in length." [ ] May b'e located within 300 feet of tidal wetlands ho?;ever, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 3.00 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. ( ] May be located within 300 feet of tiddi wetlands; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, ( Signa ~r a/p 1 o6a se ) NOTE: If proposed project falls wi~n D.E.C. jurisdiction, approval must be received an~! submit~dd to our office before your application can be scheduled for a public hearing. mission of th~form, and an en/ironm[.nt~ treview will be made by this b~rd before any action is I ea. I;IST?T~?ZC~ St (a) In order to answer the questions in this short EAF is Is as~tu~ed that pre?afar will use currently available ~fo~tlen conce~ln~ tho project and ]lkely im~cts of the action, It is not o~ected that additional 3tudio~ (b) If any question ha~ bo~n anowore.J Yes ho project ~y be ~t~lficaat and (c) If all qumstions hav~ be~n answmr~d No i% 1~ likely tb~t tht~ project la n~r ~lgnl~lcant. (d) F-nv ~ ren~ental Amsess~ent 1. Will project r~s~t In a large physical cb~n~a %~%n i0 acres of land? . . . . . . . "2, Will there be a ~Jor chang~ to any ~qu~ or unusual lan~ ~o~ fou~ on tbs site? · · _ Yam ~ No 3- W~i project alter or ~ve a larg~ eff~c~ on an ~xistlnE body of water? . . ' ' · · . Yes ~ &. W~l proJec~ h~v, a potentially largo Lm~ on ~o,~dwate~ quality? ' ' ' ' ' ' · · , · Yes ~ ~1o 5, W~! proJec~ sl~ificantly'~ffect drainag~ ~ 6, Will project affect any threatened or endangered plant or anLrnl ~pecies? .... , , ' · Ye~ 7, Will project reset In a major advors~ effoct on air qualitT? .... · , · , · · · Ye~ ~ 8, W~i project have a m~Jor effect on visual c~ kno~ to be ~portant to thc cor. munity? ~ · · ~ Yes ~ 9. WIll project adversely ~pact any site or s:~c~ utc of hi~oric, pre-hlseoric, or importance or any site desl~a:ed as a critical environmcn~l area by a local ~oncy? · · · _ Yes ~__ No 10. W~I project have a mm Jot effoc% on exi~t~g or future recreational opport~itieo? · · · ... Yes ~ 11. Will project result in *~Jor traffic problems or 12. Will project regularl7 cause objectionable odor:, noise, glare, vibration, or electrical dia%ur~ ance a~ a rest~t of the project".; operation? . ~ Ye~ ~ No 1). Will project have any impact on pub].lc health or 1L. Will project Affect %he existing co,unity by charac%~, of the community ~r aelKhborhood~. · Ye~ X No there pu c cen,r'~vers~c~.n~nz ~he projczt" ,, Ye~ ~ No