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Home My WebLink About3398 3~55 Soundview Ave. 94 --M~-t~c-i-t-Q c k ,NY 1 Wren, -cl 9./.6/~5._~3398 ~_x.pans~o~] oi~ 50% o~_mQ~e cas.% Qf ~ ~ . ,- ,I. J Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3398 Application Dated September 6, ]985 TO: Mr. William Berliner~ Jr. as agent for JANE MATALENE WREN 3355 Soundview Avenue Mattituck, NY 11952 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 24, 1985, 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 Ordinanc~ Article XI, Section ]00-]]8(E) [ ] Request for Application for JANE M. WREN Appeal No. 3398 - Variance to the Zoning Ordinance, Article XI, Section lO0-118(E) for permission to expand nonconforming building by more than 50% of fair value, at 3355 Soundview Avenue, Mattituck, NY, County Tax Map District 1000, Section 94, Block Ol, Lot 16. WHEREAS, a public hearing was held and concluded on October 3, 1985, in the Matter of the Application of JANE M. WREN, Appeal No. and 3398; WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition, and WHEREAS, the board made the following findings of fact: 1. By this application, appell'ant requests permission to expand an existing 20' by 42' building, presently used for habitable purposes with the construction of a 19' by 32' addition for bedrooms. 2. The property in question is located on the north side of Soundview Avenue, Mattitu.ck, New York, contains an area of 4+ acres with a frontage of 290± feet along Soundview Avenue, and .is identified on the Suffolk County Tax Maps as District 1000, Section 94, Block 1, Lot 16. 3. The subject premises is improved with: (a) a single- family, one-story frame house which appears to be set back from Soundview Avenue approximately 300+ feet, and (b) an accessory building of a size 47' by 20' with 6' by 12' addition located in the frontyard area which is presently used as habitable quarters and garage area. The sketch of a survey submitted with the applica- tion indicates the subject accessory building to be located approxi- mately 20 feet from the easterly property line and 240± feet from Soundview Avenue. DATED: October 30, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3398 Matter of JANE MATALENE WREN Decision Rendered October 24, 1985 4. For the record it is also noted that the surveys submitted show a 30' right-of-way running within the westerly section of the premises from the "McGreevy" parcel to L.I. Sound, and a 16.5' wide right-of-way over land of McGreevy to the 30' right-of-way. 5. Submitted for the record are copies of the September 25, 1968 building permit No. 4063Z and the January 14, 1970 Certificate of Occupancy No. Z3739 for an addition to private accessory building. 6. It is the opinion of the board that the evidence submitted is not sufficient to prove a legal preexisting cottage use of the accessory building in question, and without such proof, the board is not authorized to permit an expansion for living area. In considering this appeal, the board finds that this project shall be denied as applied for the reasons stated above and as follows: (a) that without sufficient evidence of a legal preexist- ing nonconforming use for living quarters, this board is without authority to grant the relief requested; (b) the relief requested in effect is for a use not permitted by the zoning code, since the result would be to permit living or sleeping quarters in an accessory garage (storage) building; (c) to grant the relief requested may alter the essential character of the locality; (d) the circumstances of this appeal are not unique; (e) that it is within the interests of justice to deny the relief as requested without prejudice. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to DENY the relief requested under Appeal No. 3398 in the Matter of the Application for JANE MATALENE WREN, WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglas and Sawicki. This resolution was adopted by unanimous vote of all the members. lk IRMAN ~ERARD P. GOEH~- October 30, 1985 RECEIVED AND FILED BY TI-IE SOUTHOLD TOWN CLE~K DATE /o/3~//J~~ HOUR Town Clerk, Town of Southold thold RID AD - STATE ROAD 25 Town Board o£ Appeals SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE [5'~6~ 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Sodthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Raad, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, OCTOBER 3, 1985, and as follows: 7:35 p.m. PETER AND HELEN PURIC - Appeal No. 3401 Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with reduction in total sideyard area, at 1250 Second Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 07, Lot 23. 7:40 p.m. JANE M. WREN - Appeal Zoning Ordinance, Article Xt, Section No. ~398 - Variance to the lO0~ll8(E) for permission to expand nonconforming building by more than 50% of fair value, at 3355 Soundview Avenue, Mattituck, NY; County Tax Map ~istrict 1000, Section 94, Block 01., Lot 16. 7:45 p.m. WILLIAM NEDOSZYTKO - Appeal No. 3395 - Var'iance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width (road frontage) of this proposed 80,000 sq. ft. parcel to be set-off from 27.934 acres, located on the west side of Aldrich Lane, Mattituck, NY; County Tax Map District lO00, Section 124, Block l, Lot 2. Page 2 Notice of Hearings Southold Town Board of Appeals Thursday, October 3, 1985 7:50 p.m. DONALD W. AND JUDITH LUCHSINGER - Appeal No. 3397 - Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct addition to dwelling with insufficient setback from the ordinary highwater mark along Deep Hole Creek, premises known as 820 Lupton's Point, Mattituck, NY; County Tax Map District t000, Section 115, Block ll, Lot 16. 7:55 p.m. HOWARD HOEY - Appeal No. 239t - Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area and lot width of one parcel in this proposed division of land located on the south side of Main Road, Orient, NY; County Tax Map District lO00, Section 19, Block 1, Lot 14.1 (14). 8:00 p.m. PHILIP G. HORTON - Appeal No. 3392 Variance to the Zoning Ordinance, Article III, Section 100-31, and Article VI, Section lO0-61, for approval of insufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District lO00, Section 85, Block 03, Lot 005. 8:05 p.m. THEODORE AND MARIE PETIKAS'- Appeal No. 3289 Variance to the Zoning Ordinance, Article II, Section 100-22(D) for permission to utilize entire premises (located partly in the "A" Residential Zone and partly in the "B-Light" Business ~one) for "B-Light" Business use in adcordance with Article VI, Section 100-60. Location of Property: Corner of North (Main) Road and Sound Road, Greenport, NY; CountY Tax Map District 1000, Section 35, Block O1, Lot 8. 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 hear- ing in question. For more information, please call the Office of the Board of Appeals at 765-1809 (alt. 1802). Dated: September 12, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD ?. GOEHRINGER, CHAIRMAN FORM NO. 3 ToWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Date ........ . .d~..'~., .~,h ....... , 19 ~.".. .~:~ ~.~..?..~..... t~ ~.~. ' PLEASE TAKE NOTICE that your application dated.. ~q,~....~ ........ 19 ~.k.. for ve~it to ~ ~-~., ~,. ~. q .~ ~ q.- ~ -~ ........... at Location of Property . ~ ~,~.~ ..... ~ ......... : ....................... House No. Street Ham/et Co.nty t~ Map ~o. ~000 S~tio. ..... ~.~.~ .... mo~k .... ~ J ....... rot ... ~ 5 ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following gounds. ~ . .~...~... -~f ~ . . ........ , ....... ~",' ~ ~'i-~ ....· ~ ~'__ ( 'x ~ [ ...... Building Inspector RV 1/'80 Examined .................................. . 19 Approved ........................................ , t9 ........ Permit No .... ~.... . ote ....................... ....... .2.[ ............... INSTRUCTIONS o. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Buildi,~ Inspector. b. Plot plan showing location of ]at and of buildings on premises, relationship to adjoining premises or public streets c areas, and giving o detailed description of layout of property must be drown on the diagram which is port of this opplicatio~ c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Buiidin9 Inspector wilt issue o Building Permit to the applicant. Such perm shall be kept on the premises available for inspection throughout the progress of the work. e. No building sh~il be occupied or used in whole or in part for any purpose whatever unti~ a Certificate of Occupant shall have been granted by the Building Inspect. or, APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th Building Zone Ordinance o?he Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances c Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describec The applicant agrees to comply with o![ apphcable laws, etd'nonces, build'ag code, housing code, and regulations. Mtso C. Bergen A/C Henry W. Mataline (Signature of applicant, or name, if a corporation) Nattituck (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ............................................ ..A. ~.e.~.t....0.~....o...~o..e ~. ............................................................................. Nome of owner of premises .............................................................................................. if applicant is o corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Mop No.: ........... ~ .............."... Lot No.: ....... ~ ........ Street and Number ........... N.~......~..Q.1;~3~...~.:~¢..~....~.e. ............... ~.8....~.~..:J:.~..~..~...~ .................................................... ~( -- '5 ~ _5'.j~ Municipality 2. State existing use and occupancy of premises and intended use c~nd occupancy of proposed construction: a. Existing use and occuponcy ............ .~.~.e...]:...]:..:~...~.....~../.....~...~..C..~....~.~..~...~. .................................................................. b. Intended use and occupancy .................. .s..&D.~....~..i.~h..~.~.t,.$..o..~....t...o.....~..c...c.e.~.s..o.~...~g ....................... 3. Nature of work (check which oDpl cable) New Building .................. Addition ..... ~ ...... A~teration ............... Repair .................. Removal .................. Demolition ......... ~ ........ Other Work (Describe) ..................................... 4. Estimated Cost ....~.0.0...?,~.~ ..................................... :.Fee ...~.0,0 ........................................................................... (to be paid on filing this application) 5, If dwe[~ing, number of dwelling un,ts ............................ Number of dwelling units on each floor ........................ of ............ ....... ............................................................................................... 6, If business, commercial or mixed occupancy, speci~ nature and extent of each ~pe of use ......................... 7, Dimensions of existing structures, if any: Fron~ Rear ................................ Depth .................... H-~ g.ht. ,....,,.....,....,._... Number of Stories .............................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ........................ Depth ................................ Height ......... . .................. Number of Stories ................................ 8. Dimensions of entire new construction: Front ............ ].~ .................... Rear ............... ].~ ......... Depth ........... 20 ..... Height .................... Number of Stories ;..~ ........................................................................................................ 9. Size of ~ot: Front ............................ Rear ..................................... Depth ................................ t0. Da~e of Purchase ........................................................ Name of~Former ~ner ..................................................... t I. Zone or use district in which premises are situated ..................., ............................................................................. 12: Does proposed Constr~6~ion violate any zoning Jaw, ordinance or regubtion? ........... ~ ........................................ 13. Name of Owner of premises .~.~Z.,~,~9...Address ....... .~D.~.~ ............... Phone No .................. Name of Architect ...................................................... Address ............................................ Phone No .................. Nome of Contractor .~.,...~ ............................. Address ........ ~.~$~?~ .............. Phone No ................... property lines. Give street and block whether interior or corner lot. PLOT DIAGRAM Locate dearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions fro~ number or description ~,cordina to deed, and show street names and indica~ STATE OF ND~V YORK~,~, , t S S COUNTY OF ......... .~-, -t~. ·..'F. -O...l..¥ ....... .............. ~.~...~...~.~.[~,,~....~ ....................... being daly swprn, depoiFs and says that he is the aRplican~ (N~me of individual signing opp!ication) above named. He is the .............. ~fl~...~...O~ ....................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to p~rform or 'hove performed the said work and to ~ke and fiI~ this appl~cation;: that all statements contained in this application ore true to the best of his knowledge and belief; that the work will be petf0rmed in the mbnner:set forth in t~e application filed therewith. Sworn to before me this ............... 2.~.,.~ day of .................... .~.~ .............. , 19 68 ........ .......................... L ~ ~ARIOR A.R.GE~T (Signature of ~pticant) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~v~ DATE 5 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) .~L~..,....~..e..~J-.~...e.~¢.,...~.;~.,...~/'.0 ................ of .~:3.5~5...S.o. uzzd.~.iam..~.v.~ ............................... Name of Appellon$ ~ane ~ren Street and Number ............... ~..~.~,.¢:~.¢,..~.?...~. .......................................................... ~:.....~..-. .............. 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 (~) Name of Applicant for permit of ...?.EEE zEe. m. ALe..,. ....... ............................. Street anc Number Municipality State PERMIT TO USE ~ERMIT FOR OCCUPANCY Permi% for Addition ]. LOCATION OF THE PROPERTY ..SD.~g....~.o.~;~d.~e~...A~.e ........................................................ Street Use District on Zoning Map 094 16 Map No Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art. 8 Sec. lO0-118E 3. TYPE OF APPEAL Appea is maae herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due ~o lack of access ,State of New York Town La~ Chap. 62 Cons Laws Art 16 Sec. 280A Subsection, 3 4. PRES IOUS APPEAL A previous appeal (has) (t~ been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ....... ~, ..................... Dated ...................................................................... ) x) ) .s requested for the reason that building. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance I would like to expand a nonconfomming 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 e×is¢ing bnilding qontains room beio~ graae · :hich f!oo~s wi+.h any rainfe, il~ i?e woui~ like ~so ~ room abo:e grade 6o s, ilevie%e probiem~ 2. The hardship created is UNiQuE end ~s not shared by oil oroperties alike in the immediate vicinity of this property and in this use district because .T. assume they de not he. ye living qnar%ers below grade, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ¢~ere is ~o ~isibLZi%% ~rom neighbor- lng houses, The proposed addition would in no way affect any neighbors or change the existing situation~ STATE OF NEW YORK ) ) ss COUNTY OF ~CT~0D}~ ) ................................ ' ?'~ ...................... ~ii!ian Berli,~gr~ ~r. ~vorn to this .07. ......................................... day o...~:.~.~ .............. ........................... OWNER FORMER OWNER STREET VILLAGE DISTRICT I SUB, ACREAGE / / cz /a~//~.~. S/S~=~ U' W ~. : , TYPE OF BUILDtNG RES. ~/~ SEAS. VL. FARM COMM. IND. CB. MISC. LOT LAND IMP. TOTAL DATE REMARKS AGE NEW NORMAL Tillable 1 Tillable 2 TiJlable 3 Wcodland S~ampJand Brushland~--~ House Plot Total BUILDING CONDITION BELOW ABOVE Value Per Acre Value ' / ~ /g ,~-- Basement ~ ~,, Extension ~l~f~ gO~ ']'' :~a~ ~z~Z/ , ~t. ~oo~ Extension ~t. Walls ~,,,~,~ Interior Finish Extension Fire Place j Heat Porch Attic Porch Rooms Floor Breezeway Patio Rooms 2nd Floor ~ p ._ 4</'z 7.2 ,2' ' LONG / / / / MAP OF PROPERTY E, UP~V ~=YE D ~OP~ HENRY VV'. MATALENE, JR.. $1TU A'rE AT MATTITUC, K NEW N'ORK SCALE; LICENSED $u~¥ EYOR$ GR.E~.NPOP.:"~', N.Y. ~!. OTICE-~.-~ -~v OF HEARINGS: ?~j~E IS HEREBY (JlV- ~!EN, pursuant to Section 267 of ~he Town Lawand the Code of '{he Town-of Southold, ~he following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at Regular Meeting commencing at 7:30 p.m. on THURSDAY, OCTOBER 3, 1985, and as follows: 7:35 p.m. PETER AND HELEN PURIC - Appeal No. 3401 - Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct addition with reducticn../ in total sideyard area, ~t Second Street, New Suffolk, NY; County Tax Map District 1000,.Section 117, Block 07, ALot 23. 7:40 p.m. JANE M. WREN - ppeal No. 3398 - Var!~nce the Zoning Ordinance~ Article XI, Sectlofi 100-118(Ej for per- mission to expand forming building by more than 50% of fair Value~ at 3355 Soundview Avenue, Matti- tuck, NY; County Tax Map District 1000, Section 94, Block 01, Lot 16. ~. 7:45 p.m. WILLIAM NEDO- SZYTKO- Appeal No. 3395- Variance to the Zoning Ordin- ance, Article HI, Section 100- 31, Bulk Schedule, for anprov- al of insufficient lot width (road frontage) of this proPos- ed 80,000 sq. ft. parcel to be set-off from 27.934 acres, lo- cated o1~~ .the west side of Aldrich Lane, Mattituck, NY; CountyTax Map District 1000, Section 124, Block 1, Lot 2. 7:50 p.m. 'DONALD AND JUDITH LUCHSINGER Appeal No. 3397 - Variance to the~ Zoning .Ordinance, Article Xl, Section 100-119.2(B) for permission to constrqct?ddit- ion to dwelling with insuffic- ient setback from the ordinary highwater mark along Deep Hole Creek, premises known as 820 Lupton'~ Point Matti- tuck, :NY;" County Tax Map District 1000, Section 115, Block 11, Lot 16. 7:55 p.m. HOWARD HOEY - Appeal No. 3391 - Variance to the Zoning Ordinance, Art- icle III, Section 100-31, Bulk Schetiule, for approval of in- Sufli~e~it!ot arch and lot width Of one parcel in this proposed- division of 1~ on ~he south Orient, NY; County Tax M~ District 1000, Section 1, Lot 14.1 (14). 8:00 p.m. PHILIP G. HOR- TON - Appeal No. 3392 - Variance to the Zoning Ordin- ance, Article 111, Section 100- 31, and Article VI, Section-- 100-61, for approval of in- sufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 85, Block 03, Lot 005. 8:05 p.m. THEODORE AND MARIE PETIKAS - Appeal' No. 3389 - Variance to the Zoning Ordinance, Article Section 100-22(D) for permiss- iuon to utilize entire premises (located partly in the "A" Residential Zone and partly in the"B-Light" Business Zone) for "B-Light" Business use in accordance with Article VI, Section 100-60. Location of Property: Corner of North (Main) Road and Sound Road, Greenport, NY; County Tax Map District 1000, Section 35, Block 01, Lot 8. 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 con- clusion of the hearing in quest- ion. For more information, plase call the Office of the Board of Appeals at 765-1809 (alt. 1802). Dated: September 12, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LQNG 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 day of.. ~ ~'"-'~ z~-- ?1 - · ,~ Z Sworn to before me this day of .... .......... Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Saf£olk County Cemmissi~n Expires M~u~'h 3~, 19 £d Southold Town Board of Appeals MAIN ROAD- STATE RDAD 25 SOUTHDLD, L.I., N.Y. ll'::J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 3, G£RARD P. GOEHEINGER, CHAIRMAN S. E. Q. R. A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAI, DECLAIUAT]~ON ROBERT J. DOUGLASS JOSEPHH. SAWICKI Notice of Determination of N(')n-Significance 1985 AP)>EAL NO.: 3398 PROJECT NAME: Jane Wren 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 tile Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similJr project. TYPE OF ACTION: [ ] Type II lEX] Unlisted [ ] DESCRIPTION OF ACTION: Expansion of 50% or more cost of building Expansion is on a non-conforming building. LOCATION OF PROJECT: Town of Southold, County of Sbffolk, more particularly known as: 3355 Soundview Aveune, Mattituck, NY 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) Construction as proposed is landward of existing structures. FOR FURTHER INFORMATION, P~EASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }{all, 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. br Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE: E. KOPP~'LMAN November 6, 1985 Applicant: Zoning Action: Mun. File No.: S.C.P.D. File No.: Jane Matalene Wren #3398 SD-85-t9 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Con~nents: Appears inappropriate as sufficient information has not been sub- mitted to validate the non-conforming status of the subject bldg. for residence purposes. GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 11788 Southoid Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHRLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD November 1, 1985 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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: XXX Variance from the Zoning Code, Article XI ...... Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section -- Special Permit Sectionl00-118 (E) Appeal No.: 3398 Applicant: Jane Matalene Wren Location of Affected Land: 3355 Soundview Ave. Mattituck,NY 1000- 94-01-16 County Tax Map Item No.: Within 500 feet of: Boundary of Existing or Proposed County, Owned Land Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway State or Federally- __ Boundary of Existing or Proposed County, or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Channel Owned by the County or lished Channel Lines, State or Federal Park Stream or Drainage for Which The County Has Estab- or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to expand a non-conforming building ~y more than 50% fair market value Copies of Town file and related documents enclosed herewith for your review. Da ted:-~ ~. d'~_~~ ~ [~ ~%~' Secretary,__Bo. ard of_App,~,,a, ls _ _ Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 SaUTHOLD, L.I., N.Y. 11:J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .1. DOUGLASS 'IOSEPH H. SAWICKI October 30, 1985 Mr. William Berliner, Jr. 3355 Soundview Avenue, Box 647 Mattituck, New York 11952 Re: Appeal No. 3398 - Jane Matalene Wren (Variance) DearMr. Berliner: Transmitted herewith is a copy of the official findings and determination rendered October 24, 1985 and filed this date with the Office of the Town Clerk concerning your variance application. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER nda ~ ' Notice of Hearings for October 3, 1985 Regular Meeting Copies of the Legal Notice to the following on or about 9/20/85: By Mail: Earl T. Miles, Esq. for Peter and Helen Puric Also Ron Morizzo Builder Mr. William Berliner, Jr. for Jane M. Wren Abigail A. Wickham, Esq. for William Nedoszytko Gary Flanner~Olsen, Esq. for Luchsinger Samuel J. Glickman, Esq. for Howard Hoey Michael J. Hall, Esq. for Philip G. Horton " " for Theodore and Marie Petikas Henry Tasker, Esq. in opposition Re: Petikas Posted on Town Clerk Bulletin Copies to: ZBA Members ZBA Individual files Building Dept. (Vic) ZBA Bulletin Board (office) Board 9/20/85 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 6, 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 Appeal No. 3398. application of William Berliner, Jr. a/c Jane Wren for a variance. Also included is Notice To Adjacent Property Owners; Notice of Disapproval from the Building Department; short environmental assessment form; letter relative to N.Y.S. Tidal Wetlands Land- Judith T. Terry Southold Town Clerk I I / o/ HENRY OF PROPERTY SURVEYED FOE W. MATALENE. JR. SITUATE AT MATTITUCK NEW Yo~.~. O-~ro W. Vn~ 'T"u¥~ ~ SoN $CAUE, I00'= I" LICENSED NOTICE OF HEARINGS NOTICE IS HEREBy GIVEN, PUP,~UANT to Section 267 of the Town Law and the Code of ~he Town of Seuthold, the follow- lng public hearings will be held by the SOUTHOLD TOWN BOARD O~--APPEAI,S at the Sotitbeld Town Hall, M~in Road, ~outhold, NY at a Regular Meet- - mg commencing at 7:30 p.m. on THURSDAY_ . OCTOBER 3~ 1985, and as toltows: 7:35 p.' PETE]~, AND HELEN I .C- Appeal No. 3401 - Variance to the Zoning Or- dinance, Article III, Section 100- 31 for permission to construct ad- dition with reduction in total sideyard area, at 1250 Second- Street, New Suffolk, NY; County Tax Map District 100, Section 117, Block 07, Lot. 23. ~ 7:40 p.m. JANE M. WREN - Appeal No. 3398 - Variance to the Zoning Ordinance, Article X1, Section 100-118(E) for per- mission to expand nonconform- ing building by more than 50% of fair value, at 3355 Seundview Avenue, Mattituck, NY; County Tax Map District 100, Section 94, Block 01, Lot 16. · 7:45 p.m. WILLIAM NEDOS- ZYTKO - Appeal N(I. 3395 - Vari- ~ the Zo~ Ordinance, Article III, Sectio~00-31, Bulk Schedule, for apprOVal of insuffi- cient lot width (road frontage) of this propese~80,000 sq. ft. parcel to be set-off from 27.934 acres, located on t~e west side of AL drich Lane, Mattituck, NY; County Tax Map District 1000, Section 124, Block 1, LOt. 2. 7:50 p.m. DONALD W. AND JUDITH LUCH$INGER - Ap- peal No. 3397 - Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permis- sion to construct addition to dwelling witb insufficient set- back from the ordinary highwa- ter mark along Deep Hole Creek, premises known as 830 Lupton's Point, Mattituck, NY; County Tax Map District 1000, Section 115, Block 11, Lot 16. 7:55 p.m. HOWARD HOEY - Appeal No. 3391 - V~riance to in this proposed division of lar ~i Road, Orient, NY; County Tax . Block 1, Lot. ~4.1 (14). 8:00 p.m. PHILIP G. HORTON - Appeal No. 3392 - Variance to the Zoning Ordinance, Article VI, Section 100-61, for-the ap- proval of insufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, District 1000, Section 85, Block 03, LOt 005. 8:05 p.m. THEODORE AND MARIE PETIKAS - Appeal No. 22(D) for permission to utilize en- tire premises (located partly in the "A' Residential Zone and Zone~) for "B-Light' Business use in accordance with Article VI, Section 100-60. Location of Prop- erty: Corner of North (Main) Road and Sound Road, Green- pert, NY; County Tax Map Dis- LOt g. The Board of Appeals will hear at said time and place all per~ons desiring to be heard in each o~ the above matters. Written com- ments may also be submitted prior to the conclusion of the he~ing in question. For more formation, please call the Office of the Board of Appeal~ at 765- 1809 (alt. 1802). BY THE ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN DATED: September 12, 1985 1TS23-5024 STATE OF NEW YORK ) ) SS: COUNTY OFSUFFOLK ) .'!ary-. u . r~..~.. ...... of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and Stats of New York, end that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively· commencing on the ~ 6 dayof Septe~¼~r 19 85 / 'r Pri~ipal Clerk Sworn to ~fo~thi~ .~ [ ~ ~ / /~ /.~ ~ PUBllC, StateolNe o ~'~ -- Saltolk Ceunty ~ 4748~3 ~ / Term E~p~s March 30, ]9~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No.Z .3739 ..... Date .......... Jan 1.b ..... , 19 .?0 THIS CERTIFIES that the building located at 'N/S'' 'Sound-¥iew 'Av~ ' Street Map No. x~ ....... Block No. xx ...... Lot No. x~ ..... Mattit~tck... I~,¥..... conforms substantially to the Application for Building Permit heretofore filed in this office dated ...... 8opt.. 2~ , 19.68. pursuant to which Building Permit No. b06).Z dated ...... '$~'t' ' 2~ ' 19 68' was issued, and conforms to all of the require- mcnts of the applicable provisions of the law. Thc occupancy for which this certificate is issued is . Private -accesso~,y-building ...................................... The certificate is issued to .. Henry .l¢,atali~ze .Jr ...... 0writ,ri, ............... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .... ~ oR~ ......................... Building Inspector \ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. '~'-~"~ DATE ..S.~ ?.~ .:. ~...~.9...8..5 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant J~q.]~o ~';ren Street and Number .............. i,}~:~.t...i.'~.~.~..c.!.~. .......................................................... N..t....Z..:. .............. 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 ( ) ( ) (X) Name of Applicant for permit of ....... ............................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Po~it f,~r Additi.c'.n 1. LOCATION OF THE PROPERTY ..i]~.GS..,~o~I~i',:i.Q~,%Ay.~ ....................................................... Street Use District on Zoning Map 094 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.) Art. ~o Sec, IO,-!I~E 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (IjJ~b~r~ been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ....... [~.~ ..................... Dated ...................................................................... ( ) (x) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance I ~,ou].d ]ike to o:¢~and o. noncon, c~t~.n~ 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 o;:isf, il~'~,· bu~,~,,~.' .... ' ' ~;: conte~ins room below gre~do which floods with any rainfall, ire wot:l¢~ lihe to add room ~bo,~o cr~.do f;o ~llevi~te ~>roblem. 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 I ~,ssume they do livinD oumrters below ]r~de, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because thero is no visibility £rom ing boules. The pro;~osed ~,dditlon ~ro~ld in no ~y ~ffect nei':hbors or c~e.n';e b~e oxistin~ ''~ STATE OF NEW YORK COUNTY OF ~UFFOLK ~rn to this ..~.....~... ................................... day t~ Notarv Public ERONICA F. ~IDONE NOTARy PUBLIC, STATE OF NEW YORK QUALIFIED /tV SUFFOLK COUNT'~ ~, COM&i/S$10N EXPIRES MARCI-130. 19~/t7 BOARD OF APPEALS. TOWN OF SOUTHOLD , In the Matter of the Petition of ~Beriiner~ Jr. a/e ~b~' a 1 e % tO the Board of Aooea~s o~eeln~wn 0~outhold TO: NOTICE TO ADJACENT PROPERTY OWNER tO YOU ARE HEREBY GIVEN NOTICE: 1. T~-i'~-~intention of the undersigned to petition the Board of Appeals of the Town of Southold request a~Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the sub ect of the Petition is located adjacent to your property and is des- cribed as follows: ,:,, ~5 oo~,~n~, le ?k~ entre 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: ,:hriance to a~d~., ~,o '~'~,_,. e/co t 5. That the provisions of the Southoldsectic~_TOWnloO_llsEZonine Code applicable to the relief sought by the under- signed are ~t.Lc[e [ ] Section 280-A, New York Town Law for approva~ of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (5].6) 765-3.809. 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. Dated: Sept,. 3~ 1985 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 677 298 ~]26 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR IN/ERNAT~0NAL MAIL (See Reverse) P 677 298 025 RECEIPT FOR C£RTIFN£D MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street and. J~ ~.~.,~k...~ ~__¢ P 677 298 ~ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR iNTERNATIONAL MAIL (See Reverse) PO Stat a dZPCo Certified Fee Special Delive~ Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return r~eipt s ' whom. Date. and A Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Retur wing to livered ,o *L Po ge a. STATE OF NEW YORK ) COUNTY OF SUFFOLK) . being duly sworn, deposes and says that on the /.~t¢~- day of ~ , 19 ~'~ , deponent mailed a true copy of the Notice set forth on the re- verse sidc~ 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 ~t ifi~.~ ~'egiSi~ r e d ) mail. ' S~orn to/before me this J~ / ~// Notary Public VERONICA F. C/DONE /VOTARY PUBLIC, STATE OF NEW YORK N~ ~2~66t~ QUALIFIED IN ~UFFOLK COUN~ _ COMMISSION ~IRE$ M~CH 30, Town of Southold; that said Notices were mailed at the United States Post Of- // ~,~",~ ; that said Notices were mailed to each of said per, ns by /× 'ide does not have to be completed on form transmitted to adjoining y owners.) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 063 Z Permission is hereby granted to: {irs. C. PerF, en A/C Henr7 Fateline Jr to !.~.d. ~ additi,9.~ on an existing accesso..r~, building . B/B Sound Tie Ay .................. at premises located at .................................... .~.~ ....... ~ ......................................... Mattituck ~.Y. pursuant to application dated ............................. ~.e..~..t,......~ ............ , 19..~..~...., and approved by the Building Inspector. / Building Jnspecto~ The N.Y.S. [nvi~nmental Qual!ty Rev~e~ A~'equires sub- mission of this f~, and an envlronmen~a re~'ew will be made by this board before any action is taken. SHORT (a) In order to answer the questions in thta short ~AP is ia aeeuned that the pre~arer will use currently available lnforr..%tion concern~n~ the project and the ]~.ely impacts of the action. It is not expected that additional studie~ research or other investigations will be undertaken, (b) If any question he~ been answered Yes tho project may be si~nificent and a completed Environmental Assessment Form is necessa~Vo (c) If all questions hove been answered No i% is likely that this project is nc'. ul&nificant. (d) Environmental Assessment 1, Will project result in a large physical cb~nge to the project site or physically alter more t~n 10 acres of land? · . · , · · · · , Yes X No 2. Will there be a major chan~e to any unique or unusual land form found on the site? · · 3. Wtll project alter or have a large effect on an existing body of water? · , · , · · , &. WLI1 project have a potentially large lmpac~ on &q'oundwater quality? , · · · , · · · . Will proJec: significantly effect drainage 6, Will project affect any threatened or endangered plan% or animal ~pecies? , · , , , , · 7, Will project result in · major adverse effect on Will project have a major effect on visual char- known to be important to the community? · · 9, Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical 10, Will project have a major effect on existing or future recreational oppor:unities~ · · 11, Will project result in major traffic problems or 12. Will project regularl7 cause objectionable odor~, noise, glare~ vlbratlon~ or electrical disturb- anco as a result of the project's operation? 1). Will project have any impact on public health or 1L, Will project gffect %he existing community by directly causing a growth in permanent popula- tion of more than 5 percemt Over a period ~ have a major negative effect on the Yes x No Yes x ~ Ho Yes X No Yea x No Yes X No Yes x No Yes x Yes X No Yes x No Yes X No Yes x_~ Yes X No Yes X No (To~&yrs Dar_e) To: Southold Town Board of Appeals " Hain Road Southold, NY 11971 Re: Appeal Application of William Berliner~ dr. a/c Jane Wren Location of Property: 3855 Soundv~ew ~e, ,~a~i%uck~ N. ~. 11952 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 id the within appeal application: (please check one box) / / ;. [ ] Hay be located within 300 feet of tidal wetiands; ho~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May ~e 'tocated 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. -[x] 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 ~ours, / ~Signa:ure please) ~il 'am NOTE: If proposed project falls w~n Berline~_ Jr. D.ELC. ~hris~iction, approval must be received an~ submitted to our office before your application can be scheduled for a public hearing. -~:~?.:.:..- ."~.. ~ · .. ~ . .. '.. .