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Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, I-,I., N.Y. 11g'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3360
Application Dated April ]7,
TO:
Mrs. Margaret Wagner
20 Slabey Avenue
Malverne, NY 11565
1985 (Public Hearing June 27, 1985)
At a Meeting of the Zoning Board of Appeals held on July ]8, ]985,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article III , Section 100-3l, Bulk Schedule, and
Article XI , Section lO0-ll9.2(C)
[ ] Request for
Application of MARGARET WAGNER, 20 Slabey Avenue, Malverne, NY ll565,
for a Variance to the Zoning Ordinance, Article III, Section 100-31 and
Article XI, Section 100-119.2(C) for permission to build deck addition
with reduction from edge of Corey Creek and reductions in front and side
yard setbacks. Location of Property: 2600 Private Road #15 (Takaposha
Road), Southold, NY; County Tax Map Parcel No. 1000-087-06-004.
WHEREAS, a public hearing was held and concluded on June 27, 1985,
in the Matter of the Application of MARGARET WAGNER; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
that no opposition has been received; and
WHEREAS, the board members are familiar with the property, its
use and the area in question; and
WHEREAS, the board made the following findings of fact:
1. By this application, applicant seeks permission to construct
an open deck addition wrapped around the westerly end of the existing
one-story, single-family dwelling, leaving an insufficient sideyard
from the west side at 14 feet, an insufficient frontyard setback at
23 feet from the southerly property line, an insufficient setback from
the highwater mark of Corey Creek and existing wooden bulkhead at 38
feet.
2. The premises in question is located along the northerly side
of a private road (right-of-way) referred to as Takaposha Road, or
Private Road No. 15, which extends from a point at the south side of
Main Bayview Road in varied directions to the premises in question,
which is identified on the Suffolk County Tax Maps as District 1000,
Section 87, Block 6, Lot 4, containing an area of 10,500± sq. ft.
3. For the record, it is noted that the subject private road
(right-of-way) has been the subject of a prior appeal, under No. 1223,
granted on January 2, 1969, with the condition that the holes and ruts
from Main Bayview Road be filled and be smoothed over the entire road.
4. Article III, Section lO0-31, Bulk Schedule of the Zoning
DATED: June 24, 1985. CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
Form ZB4 (rev. 12/81)
ZONING BOARD
Page 2 - Appeal No. 3360
Matter of MARGARET WAGNER
Decision Rendered July 18,
1985
Code, requires total sideyards of 25 feet, a minimum of l0 feet and
15 feet on the other side, frontyard setback of 35 feet or the
established, and Section 100-119.2(B) requires a minimum of 75
feet from the landward edge of tidal wetland or ordinary highwater
mark of such tidal water body, whichever is greater.
5. In viewing the structures in the immediate area, a parcel
two lots west of the applicant (1000--87-06-002 of Harford) is
improved with a single-family dwelling set back approximately 19½
feet from its front property line, which is 23± feet less of a
distance from this applicant's front property line when drawn on
a parallel line at or near the center of the private right-of-way
in question, and was conditionally granted under Appeal No. 3369
permission to reduce the easterly sideyard setback to seven-and
one-half feet for a one-car garage addition. The existing setback
of the rear deck of the Harford dwelling is shown to be 35 feet as
per Building Permit No. 10253Z, C.O. #9633 of August 15, 1979.
6. The percentage of relief requested by the applicant
herein is as follows: (a) one foot sideyard, or 7% of a variance;
(b) the frontyard 13 feet from the requirements, or 33% of a
variance; (c) a reduction of 12 feet from the existing 56'
setback of the dwelling from the bulkheaded tidal wetland area,
or 18±% of a variance from the zoning requirements.
In considering this application, the board agrees that the
open-deck addition as proposed: (1) will not substantially
change the character of the district; (2) will not be adverse
to adjoining properties; (3) will not cause a substantial
effect of increased population density which may be produced
on available governmental facilities; (4) in view of the
substandard size of this parcel and substandard setbacks, the
difficulty cannot be obviated by some method feasible for the
applicant to pursue other than a variance; (5) in view of
the manner in which the difficulty arose and in consideration
of all the above factors, the interests of justice will be
served by allowing the variance, as noted below.
Accordi'ngly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, that the applicatig.n of.MARGARET WAGNER for
permission to construct wrap-around open deck addition with
a frontyard setback of not closer than 23' to the front
property line, 14' from the west side property line, and
38' from the existing rear wooden bulkhead, BE AND HEREBY
IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck remain opened (not to be enclosed for
additional living area);
2. There be no lighting which may be obtrusive to other
properties;
right-of-way as approved under Appeal No. 1223
as required by New York Town Law, Section 280-a,
follows:
from Main Bayview Road to the first 90° turn be
regraded (potholes filled);
lk
the side brush be cut back to a minimum 16 feet
in width where necessary through the entire length
and be continuously maintained for safe access by
emergency and other vehicles;
the entrance pipe at the beginning of the right-
of-way near Main Bayview Road be deflected as
not to cause any leakage or drainage onto the
right-of-way in question.
Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
cki. This ~esol~tion w~.~ unanimously adopted.
~GERARD P. GO~HRINGER,~HAIRMAN
~ July"24, 1985
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, JUNE 27, 1985, and
as follows:
7:30 p.m. Upon application for JOSEPH AND ARLENE LESTINGI,
c/o David Kapell, 400 Front Street, Greenport, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-32 for permission
to locate garage in the frontyard area as revised. ~ Location of
Property: 1150 Sound Drive, Greenport, NY; County Tax Map Parcel
No. 1000-33-04-001.
7:35 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road,
Greenport, NY for a Variance to the Zoning Ordinance, Article VI,
Section 100-60 for permission to use proposed bui'lding in this ~
"B-Light" Business Zoning District for heavy-equipment storage.
Location of Property: 64155 Main Road, Greenport, NY; County Tax
Map Parcel No. 1000-56-04-20.
7:40 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road,
Greenport, NY for a Special Exception to the Zoning Ordinance,
Article VI, Section 100-60 and Article VIII, Section 100-80(B)[4]
for permission to use proposed building in this "B-Light" Business
Zoning District for heavy-equipment storage as permitted in a
"C-Light" Industrial Zoning District. Location of Property:
64155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-
56-04-20.
7:45 p.m. Application of GREGORY SIMONELLI, c/o Gary Flanner
Olsen, Esq., P.O. Box 706, Cutchogue, NY for a Variance to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of insufficient lot area and lot width of two parcels
in this proposed three-lot subdivision located at the South Side
of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-
107-02-04.
7:50 p.m. Application of MARGARET WAGNER, 20 Slabey Avenue,
Malverne, NY 11565 for a Variance to the Zoning Ordinance, Article
III, Section 100-31, and Article XI, Section 100-119.2(C), for
permission to build deck addition with reduction from the edge of
Corey Creek and reductions in front a~d side yard setbacks. Location
of Property: 2600 Private Road #15 (Takaposha Road), Southold, NY;
County Tax Map Parcel No. 1000-087-06-004.
7:55 p.m. Application for HOWARD HOEY, c/o Samuel J. Glickman,
Esq., 114 Main Street, Greenport, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for approval
of a parcel having insufficient~area and lot width in this proposed
set-off division of land located at the South Side of Main Road,
Orient, NY; County Tax Map Parcel No. 1000-19-01-14 (14.1).
8:00 p.m. Application for MARION R. AND JOHN M. KIN~, c/o
Paul A. Caminiti, Esq., Box 992,'Southold, NY for a Variance to
the Zoning Ordinance, Article IO0-30(A)(C) for permission to enclose
existing porch and use as a real-estate office in conjunction with
existing family residence at 51155 Main Road, Southold, NY; County
Tax Map Parcel No. 1000-70-01-03.
8:05 p.m. Application of JEAN HARFORD, 8 Beachway, Port
Washington, NY 11050 for a Variance to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule, for permission to
construct a second attached garage with an insufficient sideyard
setback at premises located on the north side of Private Road
#15 (Takaposha Road), Southold, NY; County Tax Map Parcel
No. 1000-087-06-002.
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 subject
hearing. (Tel. 765-1809, alt. 1802).
Dated: June 13, 1985. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
InstructioB~ to newspapers:
Please publish once, to wit: THURSDAY, JUNE 20, 1985 and forward
eight (8) affidavits of publication by June 25th to: Board of
Appeals, Main Road, Southold, NY 11971.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To '.~.~.~, .o~..... ~ .o~... ........
?~.....~....~...~... ~.~.. ..........
P~ASE TAKE NOTICE that your application dated ..... ~..~ ......... 19 .~
~o~t ~o ~on~t~ ~ ~¢... ~g~ .................................. ~
Hou~ No. / St~t Hamlet
County Tax Map No. 1000 Section ... ~..~.~ .... Block .... ~ .~ .... ~t ...~.~ .....
Subdivision ................. Filed Map No ................. Lot No.. ................
is returned herewith and disapproved on the following grounds ~'..e~..~ .~..~./..~t~.: .~.1
~ .... ~.;..~.~.~...~..~.~..~~.~...
~ Building Inspector ;
RV 1180
9. Sizeoflot: Front ..... ~Z0.t?., .~/.; ....... Rear ....... /.O..°..t~.[ ...... E!epth . ./.0,¢....o..J .... ~..
10. Date of Purchase .... /fl. qP .... 1.277.~ ......... Name of Former Owner I' '/]°'r/~//'/'v'/ ..............
11. Zone or use district in which premises al~ltuated ........................ ~ ........................
12. Does proposed construction violate any zoning law, ordinance or regulation: ...d~.O. .........................
13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes
14. Name of Owner of premises .fl//:dfd.~£T..Lc/.~$.'ff/.~ddress 7~.q ,~i~Nlf(~...d.. ~ .~.. Phone No..l/d:.~q?:'~ v,~z?'f' . .
Name of Architect ........................... Address ................... Phone No ................
Name of Contractor .......................... Address ................... Phone No ................
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all ~et-back dhnensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whethc:
interior
or corner lot. Ir_'i'~)
(Name of individual signing contract)
tbove named.
te is the ........................................................................................
(Contractor, agent, corporate officer, etc.) :
ff said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
~pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that
~vork will be performed in the manner set forth in the application filed therewith.
;worn to before me this
..... ......... .........
, . .......
~'~' ~ ~ ' ~ ~:?:,;~ ~. ~L ................. (Si~ature of applicant)
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~3~C-)
DATE . ~. ~ ~.(.~ ~...~'../~. ~c"~~
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
.............................
Name of Appellant Street and Number
~ ~ . ~X.~ ~XI< HEREBY APPEAL TO
.............................. ....................................... s ;t; ..........
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: P/Y~'lz ~/i If~R:
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) PERMIT TO BUILD D~&/~ ,~D~/-I'"/,~/
1. LOCATION OF THE PROPERTY ~.0 ~W~ I
Street ~d ~let Zone
................................... ..............
jW¢. ~? .fl~ .6 A'~"~ DATE PURCHASED:
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.)
~ticle~ , ~tion/~o_~/ ~ ~/~,-~ ~ .~,e~
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Eec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeat /,hz:) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that we would like to /~'~-~¢~
Form zs! (Continue on other side).
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2 The hardship created is UNIQUE and is not shared by all properties alike in the
vicinity of this property and in this use district because
immediate
3 Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CFtARACTER OF THE DISTRICT because
~r/9;~ t7~£~ ,.c~)~qXou~/o/d~/~ t0/ P4~P~ /~
/~y hl, v.r~.
STATE OF NEW YORK )
}ss
couNTY oF ,f Cf
Sworn to this ............................ day
OWNER
I~ORMER~WNER
TOWN OF SOUTHOLD
STREET
PROPERTY REC
VILLAGE
:ORD
ACR.
CARD · -~
SUB. LOT
TYPE OF BUILDING
!RES.
LAND
VL. FARM
TOTAL DATE
AGE BUILDING CONDITION
NE~ NORMAL BELOW ABOVE
· FAI~A Acre
Tillable 1
Tillable 2
FTilloble 3
r Woodland
Swampland
Brushland
COMM. CB.
REMARKS
MISC. Mkt. Value
Value Per Value
Acre
FRONTAGE ON WATER
FRONTAGE ON ROAD
i House Plot DEPTH
BULKHEAD
Total
DOCK
LEGAL NOTICE ,
NOTICE IS HEREBy GIVEN,
pursuant to Section 267 of the
Town Law and the Code of the
Town of Southuld, the following
public hearings will be held by
the Southold Town Board of Ap-
peals at the Southold Town Hall,
Main Read, Southold, NY at a
Regular Meeting, commencing
at 7:30 .p.m. on THURSDAY,
JUNE 27, 1985, and as follows:
7:30 p.m. Upon application for
JOSEPH AND ARLENE LES-
TINGI, do David Kapell, 400
Front Street, Greenpert, NY for
a Variance to the Zoning Ordi-
nance, Article HI, Section 100-32
for permission to locate garage
in the frontyard area as revised.
Location ofProporty: 1150 Sound
Drive, Greenport, NY; County
Tax Map Parcel No. 1000-33-04-
001.
7:35 p.m. Application of
GENEVIEVE RICHARDS,
64155 Main Read, Greenpert,
NY for a Variance to the Zoning
Ordinance, Article VI, Section
100-60 for permission to use
proposed building in this "B-
Light" Business Zoning District
for heavy-equipment storage. Lo-
ca+.ion of Property: 64155 Main
Read, Greenpert, NY; County
Tax Map Parcel No. 1000-56-04-
20.
7:40 p.m. Application of
GENEVIEVE RICHARDS,
64155 Main Read, Greenport,
NY for a Special Exception to the
Zoning Ordinance, Article VI,
~ction 100-60 and Article VIII,
Socti~00-80(B)[4] for permis-
sion ~proposed building in
this ~ght' Busines8 Zoning
District for heavy-equipment
storage as permitted in a "C-
Light" Industrial Zoning Dis-
trict. Location of Property: 64155
Main Road, Greenpert, NY;
County Tax Map Parcel No.
1000-56-04-20.
7:45 p.m. Application of GRE-
GORY SIMONELLI, cYo Gary
Flanner Olsen, Esq., P.O. Box
706, Cutohague, NY for a Vari-
ance to the Zoning Ordinance,
Article I~, Section 100-31, Bulk
Sohodule; for approval of insufl]-
cient lot area and lot width of two
parcels in this propezod three-lot
subdivision located at the South
Side of Grand Avenue, Mat-
tituck, NY; County Tax Map Par-
No. 1000-107-02-04.
7:50 p.m. Application of MAR-
GARET WAGNER, 20 Slabey
Avenue, Malverne, NY 11565 for
a Variance to the Zoning Ordi-
III, Section 100-
and Article XI, Section 100-
119.2(C), for permission to build
deck addition with reduction
from the edge of Corey Creek and
reductions in front and side yard
setbacks. Location of Property:
2600 Private Road #15
~apesha Read), Southold,
; County Tax Map Parcel No.
1000-087-06-004.
7:55 p.m. Application for
HOWARD HOEY, cYo Samuel J.
Glickman, Esq., 114 Main Street,
Greenport, NY for a Variance to
the Zoning Ordinance, Article
IH, Section 100-31, Bulk
Schedule, for approval ora parcel
having insufficient area and lot
width hi this proposed set-off di-
vision of land located at the
South Side of Main Road, Orient,
NY; County Tax Map Parcel No.
1000-19-61:14 (14.1).
8:00 p.m. Application for
MARION R. AND JOHN M.
KING, cYo Paul A. Caminiti,
Esq., Box 992, Southold, NY for
a Variance to the Zoning Ordi-
nance, Article 100-]~(C) for
permission to encld~xisting
perch and u~e as a real-estate of-
Bce in con~unction with existto~
family r~idence at 51155 Main
Read, Southold, NY;~nty Tax
Map Parcel No. 1~01-03.
8:05 p.m. Applicata~l~f JEAN
HARFORD, 8 Beachway, Port
Washington, NY 11050 for a
Variance to the Zoning Ordi-
nance, Article IH, Section 100-
31, Bulk Schedule, for permis-
sion to construct a ~cond at-
tochod garage with an insuffi-
cient sideyard setback at prem-
ises located on the north side of
Private Read #15 (Takaposha
Read), Southold, NY; County
Tax Map Parcel tho. 1000-087-
06.002.
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 conchisionofthe sub-
ject hearing. (Tel. 765-1809, alt.
1802).
Dated: June 13, 1985.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER
CHAIRMAN
1TJ20-4929
~nport, in
he/she is
a Weekly
the Town
',e of New
nnexed is
~lished in
one
~ 20
Principal Clerk
Sworn to before methis 2 0
da/l~,of-.--,~-t.!a:ta_ 1" o ANN M. ABAIE
/ ) ~ ~ ~U~At*~PIJBLIC, State of New York
/ ~ /7/ // ~ ~SuOolk Ce~nty No d74~183 -~
NOTICE IS HEREBy GIV-
EN, pursuant to Section 267 of
the Town Law and the Cede of
the Town of Southold, thd
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 M~eting, commenc-
lng at 7:30 p.m. on THURS-
DAY, JUNE 27, 1985, and as
follows:
7:30 p.m. Upon application
for JOSEPH AND ARLENE
LESTING1, c/o David Kapeil,
400 Front Street, Greenport,
NY for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 for permission
to locate garage in the front-
yawl area as ren~sed. Location
of Property: 1150 Sound Drive,
Greenport, NY; County Tax
Map Parcel No. 10~0-33-04-
001+
'7:35 'p.m. APplication of
GENEVIEVE RICHARDS,
64155 Main Road, Greenport,
NY for a Variancd to the
Zoning Ordinance, Article Vi,
Section 100.60 for permission
to use proposed building in
this "B-Light" Business Zon-
ing District for heavy-equip-
ment storage. Location of Pro.
perty: 64155 Main Road,
Greenport, NY; County Tax
Map Parcel No. 1000-56-04-20.
7:40 p.m. Application of
GENEVIEVE RICHARDS,
64155 Main Road, Greenport,
NY for a Special Exception to
the Zoning Ordinance, Article
Vi, Section 100-60 and Article
VIII, Section 100-80(B) [4] for
permission to use proposed
building in this "B:Light"
Business Zoning District for
heavy-equipment sto~age a~
permitted in a "C-Light" In:.
dustrial Zoning District. Loca..
fion of Property:. 64155 :Main
Road, Greenport, NY; Count~
Tax Map Parcel No. 1000-56.
04-20.
7:45 p.m. Application of
GREGORY SIMONELLI, c/o
Gary Flanner Olsen, ESq.,
P.O. Box 706, CutchogUe, NY
for a Variance to the Zoning
Ordinance, Article IH, Section
100-31, Bulk Schedule, for
approval of insuffident lot
area and lot width of tw9
parcels in this proposed three:
lot subdi'~'ision located at thc
South Side of Grand Avenue,
Mattituek, NY; County Ta~
Map Parcel No. 1000-107.02-
04.
7:50 p.m. Application of
MARGARET WAGNER, 20
Sinbey Avenue, Malveme, NY
11565 for a Variance to the
Zoning Ordinance, Article HI,
Section 100-31, and Article
Section 100-119.2 (CI, for
Ipermission to build deck addi~
tion with reduction from the
:dge of Corey Creek and
eductions in front and side
' ard setbacks. Location of Pror
petty: 2600 Private Road #15
(TakaP°sha Road), Southold,
NY; County Tax Map Parcel
~.No. 1000-087-06-004. Z
7:55 p.m. Application fo~
HOWARD HOEY, c/o Samuet
J. Glickman, Esq., 114 Main
Street, Greenpert, NY for a
Variance to the Zoning Ordin,
ance, Article IH, Section 100-
31, Bulk Schedule, for approv-
al of a parcel having insufl~
cient area and lot width in this
proposal set-off division of
land located at the South Sid~
of Main Road, Orient, NY;;
County Tax Map Parcel No~
1000-19-01-14 (14.1).
8:00 p.m. Application for
MARION R. AND JOHN Mr
KING, c/o Paul A. Caminitiv~
Esq., Box 992, Southold, NY.
for a Variance W the Zoning
Ordinance, Article 100-30(A)
(C) for permission to enclose
existing perch and use as a
real-estate office in conjunc~
tion with existing family resi~
dance at 51155 Main Road,
Soathold, NY; County Ta~
Map Parcel No. 1000-70-01-03..
8:05 p.m. Application of
JEAN HARFORD, 8 Beach-
way, Port Washington, NY'
11050 for a Variance to tho
Zoning Ordinance, Article HI,
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 published in said Long Island Traveler-Watchman
once each week for .................. '/ ........ weeks
successively, commencing on the .......... ~ '. ..........
.... ....: . ? .......... , ..... C
Sworn to before me this ........... ~ .......... day of
Notary Public
BARBARA FORBES
Notary Public, grate of New York
No. 48(~g16
Qualified in Suffolk County
Commission Expires March 80, 19
COUNTYOFSUF
Department of Planning
360-5206
Town of Southold
Board of Appeals
July 30, 1985
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk Coumty
Charter, the following application(s) which have been referred to the Suffolk
County Planning Co:m~ission are considered to be a matter for local determina-
tion. A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Margaret Wagner
3360
Very truly yours,
Lee E. Koppelman
Director of Planning
Chief Planner
Southold Town Board of Appeal
MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y, 119'71
TELEPHONE (516) 765.180t
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:
×X× Variance from the Zoning Code, Article III ' Section
100-31 and Art. X
__ Variance from Determination of Southold Town Secti0nl00-119.2(C)
Building Inspector
___ Special EXception, Article , Section
.__ Special Permit
Appeal No.: 3360 Applicant: Margaret Wagner
Location of Affected Land: 2600 Private Road #15
County Tax Map Item No.: 1000-087-06-004
Within 500 feet of:
___ Town or Village Boundary Line
~XX 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
~ Existing or Proposed Right-of-Way of Any Stream or Drainage
Channel Owned by the County or for Which The County Has Estab-
lished Channel Lines,
or
~ Within One Mile of a Nuclear Power Plant
__Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to deck addition with reduct
from edge of C0rey Creek and reductions in front and side yard setbacks
Copies of Town file and related documents enclosed herewith for your
review.
Dated: ~ ~ · ~.,, ~. ~&~ ~_~
-~cretary, Beard of Appeals
7/29/85
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 RnAD-.BTATE RE)AD 25 BE)UTHE)LD, L.I.. N.Y. 11971
TELEPHONE (516) 765q809
July 25, 1985
Mrs. Margaret Wagner
20 Slabey Avenue
Malverne, NY 11565
Re: Appeal No. 3360
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and deter-
mination recently rendered 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 approval of any new construc-
tion in writing, or for other documents as may Re 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
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
Memorandum from ....
Southold Town Board of Apl~c.ls
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
To: Vic, Building
From: Z.B.A.
Date: 6/3/85
Dept. -Admi ni s'trator
In reviewing the application filed by
Mr. and Mrs. Wagner on April 17, 1985,
it appears that this project will
not comply with Local Law #4-1985
concerning the 75' setbacks require-
ments along waterways.
May we have your determination as to
whether you wil'l amend your Notice of
Disapproval da~ed April 10th in order
thatlM? iand Mds. Wagner may be
further!advised, and apply thereunder?
lk
Mem~ndum from....
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N,Y. 11971
765-1809
Date: 6/3/85
To: Vic, Building Dept.-Administrator
From: Z.B.A.
May we have your determination as to
let coverage (max. 20%) for this
proposal, which was originally
disapproved on April 4, 1985. In
the event additional variances are
needed, we could then notify Mrs. Wagner
for further application at this time.
Thank you.
~7L~ n
APPEALS BOARD
MEMBERS
GERARO P. GOEHRINGER, QIHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCt~I
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I.. N.Y. 11g71
TELEPHONE (516) 765-1809
April 17, 1985
Mrs. Margaret Wagner
20 Slabey Avenue
Malverne, NY 11565
Re: Appeal No. 3360 - Margaret Wagner
Dear Mrs. Wagner:
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 early July , 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,
P.S. Please
Environmental
GERARD P, GOEttRINGER
RMAN ~.
in~Z~2da ~alski
furnish us with a copy of the N.Y.S. Department of
Conservation at your earliest convenience.
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
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
To: Mr. David E. Kapell as agent for kestingis
Mrs. Genevieve Richards
Gary Flanner Olsen, Esq. as attorney for Simonelli (in
Mrs. Margaret Wagner
Samuel J. Glickman, Esq. as attorney for Howard Hoey
Paul A. Caminiti, Esq. as attorney for Kings
Mrs. Jean Harford
person'
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 . SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
June 13, 1985
GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A.
CHARLES GRIGONI$. JR.
SERGE DOYEN, JR. NEGATIVE ENVIRON~iENTAL DECLARATION
ROBERT J. DOUGLASS
JOSEPH H.$AWICKI Notice of Determination of Non-Significance
APPEAL NO.: 3360
PROJECT NA/~: Margaret Wagner
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the enviror~ment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Permission to build deck addition with
reduction from the edge of Corey Creek and reductions in front
and side yard setbacks.
LOCA~ION OF PROJECT: Town. of Southold, County of Suffolk, more
particularly known as: 2600 Prmvate Road ~I5
(Takaposha Road) Southold, ~ 1000-087-06-004
REASON(S) SUPPORTING THIS DETEP~INATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the envirorument are likely to occur should this project be imple-
mented as planned;
(2) Construction as proposed is landward of an existing
bulkhead or similar type of barrier.
FOR FURTHER INFOP~TION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals,. Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR O1' VITAL S IL I IS ['ICS
OFFICE OF TIlE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
April 17, 1985
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3360 application
of ~.J_~argaret Wagner for a varinace. Also included is Certificate
of Uccupancy; Notice of Disapproval from the Building Department;
Notice to Adjacent Property Owner; Short Environmental Assessment
Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; plans
and survey.
Judith T. Terry ~
Southold Town Clerk
o
S. 87'I3'EO'V¢. I00.0 ~
.=%· q- ../
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40'; I"
TOWN OF SOUTHOLD, NEW YORK
APPEAL FR,~)K~ DECISION OF BUILDING INSPECTOR APPEAL NO. -~-~ ~O
.// ~ATE ..~ ............ ~.~
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
of ...........................................................................
Name of Appellont Street and Numbe~
~Z ~ ~ ~1~ HEREBY APP~L TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: /~/'~li */; /'FOR:
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
()(') PERMIT TO BUILD D~.¢/~
1. LOCATION OF THE PROPERTY ~J~
Street a~a [~lmlet ~o~e
........................ (s)
Xo. .o.
~ o.; 8' ~ ~*~ ~*f DATE PURCHASED:
2 PROVISION (S) OF THE ZON[NG ORD[NANCE APPEALED (]ndic~te the Article Section, Sub-
sect~oa and P~r~graph o~ the Zom;n90rd;n~nce by number. Do not Quote the Ordinance.)
~ticle~ , ~ction
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (~,~"t (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such gppeol was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated
( )
(,~)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that we would like to
Form ZB! (Continue on other side)
REASON FOR APPEAL Continued
1.. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2 The hardship created is UNIQUE and is not shared by all properties alike
vicinity of this property and in this use district because
in the immediate
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
OtARACTER OF THE DISTRICT because
COUNTY QF ,~'//~-~'~7~.,/ ) ..... ~ .................
Sworn to this /~ day of.....~:.~'~: .............................. 19 ~--
N~ry Public
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter OT the Petition of
to the Board of Appeals of the Town of Southold
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) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief:
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are A:t~.cle ~ ~::~--'tic~. / ~, ~ -,~3 /
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of,wa, y.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a publk 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, newspa, pefl p~blisbed in the
Town of Southold and designated for the publication of such notices; that yuu or your repteSes~tatlve have the
right to appear and be heard at such hearing.
Dated:
Petiti~ne.r~
Owners Names:
Post Office Address
NAME
.y
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
p 107 155 377
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE pROVIDED
NOT FOR INTERNAT[ONAL MAiL
(See Reverse)
p tate nd I ode
Certified Foe
Specia~ Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Date Delivered
Return r~eipt s ' whom,
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
· W ~'~61~ J,~ ~' &~,~" , residing al
I~ ~_ ~/~,~v~ //~, //J'~j~- , being duly sworn, deposes~and says that on the d.~day
of ,q'F~ I~- / ,19 ~?" , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of S.guthold; that said Notices were mailed at the United States Post Of-
fice at ~. ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to befor~e me this /~'
day oxf/// /~/,~A~//~ ,.19x oC~,,~ _
' - '
~ONALO J. W~ENR
~OTARY PUBLIC, state of New ~
NO. 30-4521980
~Uallfled la Nassau Count7
(This side does not have to be completed on form transmitted to adjoining
property owners.)
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
........
~..o....~..~...1....(Z. ~.. ..........
.~.~..~... ~ :...#..~7~ ~..
PLEASE TAKE NOTICE that your applicatio, n dated ..... (~.....~. ......... 19 .~..~.'~.
for permit to construct . . )~..~..~..~... ~).~.~ .................................. at
Location of Property ~b,o,o.(~?r./,~"3. , .~.., .t~...o~, .f),. ,e~,, ...............
House No. Hamlet
County Tax Map No. 1000 Section ... ~ .~..'~ .... Block .... .(~ .(ga .... Lot ...~.~...~. .....
Subdivision ................. Filed Map No ........... ?:_,~... Lot NL. ................
is returned herewith and disapproved on the following grounds . .L~.. ,'..e~--.. ~ .~..~./,~..: .~
~ , . . ~. . , - ._ ,. _~ .T7.~~
Building Inspector
RV 1/80
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
........
.~. ~.....~....~...~...~. ~.. ..........
f-~, ,~
PLEASE TAKE NOTICE that your application dated
................. 19 .~....
for permit to construct.. )~..~..~..~....~.~. ~ .................................. ~/ at
Loca,ion of ~ro,e,y ~oo.C.,r:.~.). ~..~.. ~.P.~ ~
- HO~S~ No. / Street Hamlet
County Tax Map No. 1000 Section .., .0..~..'~ .... Block .... .~ .(a .... Lot ...~.0...~. .....
Subdivision ................. Filed Map No ........... .. Lot No.. ................
· ' ' 11 ' ounds 't2'%'. ~.~...~..~..'~'-lJJ- ~....~0 Itl~ - ~
~s returned herewith and dtsapproved ou the fo owing ~ ........................
.....
~ ' Bufld~g Inspector ,
RV 1/80
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
No. Z10650 Date August 31 9!
THIS CERTIFIES that the building ................................................
Location of Property ..... ~ :.O...lq.:, .g.n.d., .o.f..P.v..~... ?.d.;, .#fi. 2..,..S.o.u..g.h.o.l.d. !..Iq.e.g...g.o.~.k., ,.
House No. Street Hamlet
County Tax Map No. 1000 Section ...0.8. 7. ...... Block 06 . .Lot 004
Subdivision ............................... Filed Map No ......... Lot No ..............
conforms substantially to the Application for Building Permit heretofore filed in this office dated
A p r i 1 8 ,19 .8.1. pursuant to which Building Permit No. 11109 Z
dated April 15 198.1
.............................. , was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
............. ?. ...........................................
The certificate is issued to ..... .H .a.r.g.a.r..e.'c..~ .a.g.n.e?. ....................................
(owne~ ~,~z~ ~a~z~
of the aforesaid building.
Iq/R
Suffolk County Department of Health Approval ..........................................
UNDERWRITERS CERTIFICATE NO .... .I,I./. R. ..........................................
Building Inspector
Rev. 1/81
mission of Lhts fol~ll and an erJvirun,!~unL,~l reV.~l~¢ will be
made by this board"~M~fore any action is taken~l~
~,HORT E N V I R 0 f ~,: F,, f J',%~.L
(a) In crder to answer the questions in this short EAFie ia aes~'.ed that the
preparer wi!! u~e currently available ~.fo~.~tion conce~in~ the ~roJect and
or ott. e~ inves~iEations w~l b~ ~derta~n.
(b) If any question has been answered Yes the p~-oJect ~7 be at,if leant and
ccmp!e~ed ~nviro~qntal Assessment Fo~ i~ neces~ar/.
{c} If all questions have been answered No 1% is l~ely t~t this project
nc~ significant.
1. W~I project res~% in a large physical
to the project site o~ physically alte~ more
t~%n 10 acre~ of land? · . . . . . . . . Yes ~ No
2. Will there be a major chan~, to any ~ique o~
unusual land fol~ fo~ on %~e ~ite? Ye~ .~
3. W~l project alter or have a large effect on
an existing body of water? · . · · · Yes ~
&.W~I project have a potentially large ~ on
~o.~dwater quality? . ~ ~ · . · ·
~. W~i project si~iflcently effect drayage ~
on ad,scent situs? . . . . . . . Yes / Nc
6. Will project affect any %~ea%ened or endangered
plant or anal species? ~ . . . · · Yes ~ No
7. W~I prc~ect res~% in a major adverse effect on
air quality? . . . . . . . Yes ~ No
8~ W~I project have e =m Jot effect on vl~u,l
kno~ to be ~portan% to the co~.~un~ty? . . . . ,. Yes
9. Will project adversely ~pact any site or
ute of historic, pre-historic, or paleon~ological
importance or any si~e desi~aZed as a critical
enviro~en~l area by a local agsncy? . . . Ye~--~ No
10. W~I project have a ~Jor effect on exist~E o~
future recreational opport~itles~ . . . Yes X'
11. Will project result in ~jor traffic problems or
cause a major effect to ex~stin~ transportation
12. Will project regularl~ cause objectionable odor~,
noise, ~lare, vibration, or electrical distur~
ante as a reset of the project's operation? · Ye~. No
13. Will project have any impact on pub].ic health or
Will project iffect ~he existin~ co~unity by
directly causing a ~rowth in permanent
character of the com.~un~ty :r neighborhood?.. Yes ,, NO
~9. I~ there public controversy concern~nK %he project? . Yes ~. No
PRSP~ZR'S S.ChATL~_. TZ%~: o
(Today's Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of
Location of Property:
o (
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York -
State Environmental Conservation Law, please be advised that the
subject property iQ the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetiands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May b~ 'located within 300 feet of tidal wetlands;
however, 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 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 located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
'on the premises.
-[ ]
not appear to
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[starred items'(*) indicate your property do~s
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(SignOre please~Z
NOTE: If proposed project falls wi .tqk_in D.E.C. jurisdiction,
approval must be received an.~ submitted to our office before
your application can be scheduled for a public hearing.
ROAD
L, HAMMEL
8.7 A.
L~FFERTS EDSON ~W~
~ A.
. ~, PRIVA'FE
ROAD