HomeMy WebLinkAbout3381Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 766-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 338]
Application 'Dated
TO:
July 8, 1985 (Public Hearing August 8, 1985)
[Appellant(s)]
Abigail A. Wickham, Esq. as Attorney
for MR. OTTO ZAPF
Wickham, Wickham & Bressler, P.C.
Main Road, Box 1424
Mattituck, NY 11952
At a Meeting of the Zoning Board of Appeals held on September ]2~ ]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
k ] Request for Variance to the Zoning Ordinance
Article III , Section ]00-32
[ ] Request for
Application for OTTO ZAPF, by A. Wickham, Esq., Main Road,
Mattituck, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-32 for permission to construct accessory storage (garage)
building in the frontyard area, premises located at the northerly
end of private right-of-way off the North Side of the Main Road,
Orient, NY; County Tax Map Parcel No. 1000-013-02-004.
WHEREAS, a public hearing was held and concluded on August 8,
1985, in the Matter of the Application of OTTO ZAPF, Appeal No. 3381;
and
WHEREAS, the board members have considered all testimony
documentation entered into the record in this matter; and it is
noted that there has been no public opposition; and
and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding properties; and
WHEREAS, the board made the following findings of fact:
1. By this application, appellant requests permission to
locate an 28' by 28' accessory storage structure in the frontyard
area with a requested setback from the westerly property line at
not closer than 20 feet and from the south property line at not
closer than 150 feet.
2. The parcel in question is located in the "A-80" Residen-
tial and Agricultural Zoning District, contains an area of three
acres and is identified on the Suffolk County Tax Maps as District
1000, Section 013, Block 2, Lot 4.
3. The subject premises is presently improved with one
single-family dwelling situate approximately 320 feet from its
front (south) property line. For the record, it is noted that
the structure depicted "pcb cott" at the northeast corner on the
survey dated December 19, 1984, has been removed entirely.
(CONTINUED ON PAGE TWO)
DATED: September 13, 1985.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3381
Matter of OTTO ZAPF
Decision Rendered September
12, 1985
4. For the record it is also noted that a conditional
approval of access and conditional alternative access route have
been granted under Appeals No. 3062 dated February 4, 1983, and
No. 3043 dated October 30, 1982.
5. It is apparent that in locating the requested accessory
garage-storage structure in the limited buildable rearyard area
near the bank along the L.I. Sound, a variance would also be
required under Article XI, Section 100-119.2. The board finds that
the area chosen is the most practical concerning the character,
size, shape and location of the property in question.
In considering this appeal, the board finds and determines
that: (1) the relief requested will not be detrimental to
adjoining properties; (2) there will be no substantial change
in the character of this district; (3) the relief requested
will not cause a substantial effect of any increased population
density; (4) the circumstances of this appeal are unique;
(5) the difficulty cannot be obviated by some method feasible
for appellant to pursue other than a variance; (6) the
interests of justice will be served by granting the variance
applied as noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that the relief re§uested for an 28' by 28'
accessory garage-storage structure (incidental to the residential
use of this property and not operated for gain) as requested under
Appeal No. 3381 in the Matter of the Application of OTTO ZAPF, BE
AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION:
That this accessory
sleeping quarters (storage
Section 100-32).
building not be used for habitable-
use only as limited by Art. III,
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
lk
GERARD P. GOEHR'~NGER, C~FIR
September 13, 1985
RECEIVED AND FILED
THE SOUTHOLD TOWN Cl.~::~,~,~'~
Town Oerk, Town of Southoid
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 Halls Main Road, Southold~ NY
at a Regular Meeting, commencing at 7:30 p.m. on THURSDAY,
AUGUST 8~ 1985, and as follows:
7:30 p.m. Application Of MARK A. SQU. I~ES, 2405 Vanston
Road, Cutchogue, NY for a Variance to the Zoning Ordinance,
Article III, Section lO0-30(A)[t] for permission to construct
inground pool on vacant parcel Sn this A-Residential and
Agricultural Zoning District known and identified as Lot 356,
Map of Section D, Nassau Point Club Properties, Inc., Map
No. 806; East $~de of Vanston Road, CutchQgue, NY; County
Tax Map District 1000, Section lll, Block 6, Lot 5.
7:35 p.m. Application Of GEORGE AND DORIS SULLIVAN,
84 Beach Roads Greenport, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-32 for permission to
construct accessory storage building in the ea~terl2 side-
yard area at premises located on the South Side of Sandy
Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-
43-3-6.
7:40 p.m. Application for OTTO ZAPF, by A. Wickham,
Esq., Main Road, Mattituck, NY for a Variance to the Zoning
Ordinance, Article Iii, Section t00-32 for permission to
construct accessory storage (garage) building in the
frontyard area premises located at the northerly end of
private right-of-way off the North Side of Main Road,
Orient, NY; County Tax Map Parcel No. 1000-013-2-4.
7:45 p.m. Application of NICHOLAS IPPOLITO, by
Gary F. Olsen, Esq., Box 706, Cutchogue, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-31,
Bulk and Parking Schedule for approval of the insufficient
lot area of two parcels, each with an existing single-family
dwelling, located along Carole Road (private) off the
South Side of C.R. 48, Southold, NY; County Tax Map
No. I000~52-2-7 and 1.1 (7.2).
7:50 p.m. Application for CHARLES P. SIMMONS, by
A. Wickham~ Esq., Box 1424, Mattituck, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk
and Parking Schedule for approval of insufficient lot width
of two parcels in this proposed four-tot division of land
(total acreage 57.7 acres) located off the North Side of
Page 2 - Legal N~ce of Hearings
Southold Town Board of Appeals
Regular Meeting of August 8, 19~5
Sound Avenue, Mattituck, NY; County Tax Map Parcel
No. 1000-112-1-8.
The Board of Appeals wilt hear
place all persons desiring to be beard in
above metters~ Written comments may also
prior to the conclusion of the hearing in
(Tel~ 765-1809, or 1802).
at said time and
each of the
be submitted
question.
Da~d. July 18 1985
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
instructions to newspapers:
Please publish once, to wit: Thursday, August l, 1985,
and forward five affidavits of publication to: Board of
Appeals, Main Road, Southeld, NY 11971.
Posted on Town Clerk Bulletin Board 7/26/85.
Copies to the following on 7/29/85:
Mr. and Mrs. Mark A. Squires, 2405 Vanston Road, Cutchegue 11935
Mr. and Mrs. George Sullivan, 84 Beach Road, Greenport 11944
Abigail A. Wickham, Esq., Box 1424, Mattituck, NY
as Attorney for Otto Zapf
as Attorney for Charles P. Simmons
11952
Gary F~ Olsen, Esq., Box 706, Cutchogue, NY 11935
as Attorney for Nicholas Ippolito
ZBA
ZBA individual files
Building Inspector Lessard
Supervisor
Town Board Members
FORM NO, 3
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
TOWN CLERKYSOFFiCE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
.x~ ozm~.d~...~ ..~ ....}.~.~ ~ .~. ......
PLEASE TAKE NOTICE that your application dated ....~. ~. J. ~ .......... I9 .~..~..
for permit to ~,~..~g.~. a.~.~..~.t ~r .~.~.~ .... at
Location of Property
County Tax Map No. 1000 Section ... ~.~.~ ...... Block .... ~ ........ Lot ...q ..........
Subdivision ................. Filed Map No ................. ~t No ..................
is returned he,with and disapproved on the foQowing grounds..
Building Inspector
RV 1/80
TOWN OF SOUTH..OL0
BUILDING DEPARTNI ENT
TOWN HALL
SOUTHOLD, N,Y. 11971
TEL.: 765-1803
(Building Inspector)
ixamined..~.~',(/, ff.~. ....... 19
~,pprovcd . ~<.~t=~"~..~ .,fi, ~' 9e7~;' Pem~it No. Z¢."?C")
Disapproved a/c ........ 77 ...........................
APPLICATION FOR BUILDING PERMIT
Application No.. 'A ~': ~/. ~ .......
'~STRHCTIONS
a. Tiffs application must be completely fried in by typewriter or tn ink and submitted to the Building Inspector, with 3
:ts of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan s~5owing location of lot and of buildings on premises, relationship to adjoining prern/ses or public streets
r areas, and giving a detailext description of layout of property must be drawn on the diagram which ~s part of this appt/-
.~tion.
c. The wo~ covere~ by this application may not be commenced before issuance af Building Permit.
d. Upon approval of~ds application, the Building Inspector will issued a Building Permit to the applicant. Suck permit
tall be kept on hhe premi~ses available for inspection throughout the work.
e. No bulldog shall be occupied or used Ln whole or in part for ~ny purpose whatever until a Certificate of Occupanc~
tall have been grained by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Butldtng Permit pursuant to the
uilding Zone Ordinance of the Tmvn of Southold, Suffolk County, New York, and other applicable Laws~ Ordinances or
egulations, for the comtmction of buildings, additions or alterations, or for removal or demolition, as herein described.
he applicant agrees to comply ,with all applicable laws, ordinances, j~fi~I~ting code, _houswg code, and regulations, and to
~ r ' ~' fMailing address of apptiCa'tt)
tote whether applicant ~s owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
ame of owner of premises .~YTJ'7.Q , ~t~. IQ.~.
(as on the tax roll or latest deed)
applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
· C
l~ulider's Licer~e No..~.r'Jr:~'4.~'l~,~rJ~.~
Electrician's License No. ~..e.o... ;-~,
Location of land or~ Wlfich
l louse Num bet Street ·
County Tax Map
Ham!~t
Subdivision .................................... Filed Map No ............... Lot ,,.: ............
(Name)
State existing use and occupanCY of premises and intended use and occupancy of proposed construction:
a. Existing USe and occupancy .. , Vk~ .C.
b. Intended n~ anti, occupancy........1
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.,~ 3 ~/
DATE ...~.u~k~.......~.. ,...~9.85
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
c/o Wickham, Wickham & Bressler,
~, ~ ...... .O~T.Q..Z~. ...................................... or ..!!.~.%~....~.o..~!..r....~.:,o..:...~..o.z....!.!.2..4. ..............
Name of Appellant Street and Numt~r
Mat tituck, . ....... .~.~ ............... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON
APPLICATION DATED: 6/12/85 FOR:
front yard
WHEREBY THE BUILDING INSPECTOR DENIED TO
Otto Zapf
..... ..c../...o....w..~ ~.~.~.,.....w...i.o. ~ ..L .~?..s...s.! ~.~.,
Name of Applicant for permit
of Main Road, Box 1424, Mattituck, New
Permission co construct
P.E.
York
garage in
Street and Number Municipality State
() PERMIT TO USE
( } PERMIT FOR OCCUPANCY
(X) PERMIT TO BUILD
1. LOCATION OF THE PROPERTY ..g.i.~.h~,z.o.~..z~].A~,..o.~£._~gi~,,.g..o..~.~...Or~,~.,.,.~, ........
Street ~ ~L~et ~,o~e
SCTM #1000-013-02-004 OWNER (S): 0TT0..Z~PF. ................
M~p No. Lot No.
D~T~ ~tmC~SEP: ...Z..2J.2.Q Z ~. ........
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,)
Article III , Section 100-32
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 Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~.~t (hr~;'~;f.) 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 ................................. Doted ......................................................................
( )
(X)
( )
is requested far the reason that
in the fron~ yard.
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
we would like to
construct an
accessory building
Form ZB1
(Continue on other side}
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practicaldifficulti~ orunneces-
sa~ HARDSHIP becou~ the rea~'yard is on Long Island Sound, and it would
not be feasible to place a garage in the rear yard due to aesthetics,
danger from erosion and practical difficulty in reaching that part of
the property by vehicle.
2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate
vicinity of this property and in this use district because the property obtains access from
a right-of-way, and the rear yard is on the water.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because this is the only logical choice for a
garage location on the property.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLI.z. )
WICKHAM, WICKHA_M & BRESSLER, P oC.
Attorneys for Applicant
............
// ~ ~ignoture
By Abigail A. Wic~nam
Sworn to this 3rd ............ day ' July
or ............................................ 19
·...~.__~'..v~../.~.. ~..... ,: ....x~:.V...- ......... ~t~ ................
Nota~ Public
85
SOUTHOLD PKOP~;;~TY RECORD CARD
OWNER
TOWN OF
STREET
VILLAGE
SUB. LOT
FORMER OWNER
S
W
ACR.
TYPE OF BUILDING
RES. VL
LAND
SEAS.
FARM CAMM, CB. MISC.
TOTAL
DATE REMARKS
AGE
NEW
NORMAL
BUILDING CONDITION
BELOW ABOVE
Value
FARM
Tillable
Tillable 2
Tillable 3
Value Per
Acre
;Woodland
Swampland
Brushland
House Plot
¥otal
Value
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
DOCK
-- '---_ -,
/:
, J
/ ~.~
RO~ERICK VAN TUYL, P,C,
....
LICENSED LAND SURVEYORS
GREENPORT NEW YORK
SUFFOLK CO, HEALTH DEPT. APPROVAL
STATEM_E.,NT OF INTENT
THE WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS FOR THIS RESIDENCE WILL
CONFORM TO THE STANE~ARDS OF THE
SUFFOLK CO. DEPT. OF HEALTH SERVICES,
(SI __
APPLICANT
SUFFOLK
SERVICES - FOR APPROVAL
CONSTRUCTION ONLY
DATE:
H.S. rEf. NO.: I~- .~O-L<~')
APPROVED: .....
COUNTY DEPT, OF HEALTH
OF
SUFFOLK CO. TAX MAP DESIGNATION:
DIST. SECT. BLOCK PCL.
OWNERS ADDRESS:
TEST HOLE ~TAMP
L.
SEAL
rFL~DYNE ~OSl N2203,~ ,} I 0 J--~:~
WILLIAM WICKHAM
ERIC d BRESSLER
LAW OFFICES
WICKHAM, WICKHAM E~ BRESSLER,
MAiN ROAD, P.O. BOX I424
MATTITUCK LONG ISLAND
NEW YORK II952
September 12,
1985
Southold Town Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Otto Zapf
Gentlemen:
In response to your inquiry regarding the location
of the garage, it will be 20 to 25 feet East of the
westerly boundary line and approximately 150 feet North
of the southerly boundary line.
I understand that Mr. Horton has provided you with
a copy of the sketch showing the garage location.
AAW: ab
Sincerely yours,
Abigail A. Wickham
APPEALS 8OARD
MEMB£RS
Gt~RARD P. GOENRINGER, CHAIRMAN
CHARLES GRIGONIS, JR,
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
.JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 765 1809
September 5, 1985
Eric J. Bressler, Esq.
Wickham, Wickham & Bressler,
Main Road, Box 1424
Mattituck, NY 11952
Re: Appeal No. 3381 Otto Zapf
Dear Eric:
May we have the setbacks proposed for the subject
accessory structure which were questioned at our August.~a~',
1985 hearing.
Thank you for your assistance and cooperatioH.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
WICKHAM, WICKHAM & BRESSLER, P.C.
July 17, 1985
Southold Town Zoning Board of Appeals
Town Hall - Main Road
Southold, NY 11971
Att: Mrs. Linda Kowalski
Secretary
Re: Application for Variance of Otto Zapf
Dear Linda:
Enclosed are the following in accordance with your
request:
Five prints of the survey showing the proposed
location of the garage;
2. Copy of the plans for the garage;
Copy of the building permit application for
the residence approved by Mr. Lessard. The
Certificate of Occupancy has not yet been
issued.
If you require any additional information, please contact
us immediately.
Very truly yours,
Abigail A. Wickham
AAW:emu
encls.
Town of Southold
Board of Appeals
COUNTY OF SUFFOLK
Department of Planning
360-5206
September 19, 1985
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the following application(s) which have been referred to the Suffolk
County Planning Commission are considered to be a matter for local determina-
tion. A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Mr. & Mrs. George Glogg
Otto Zapf
3358
3381
Very truly yours,
Lee E. Koppelman
Director of Planning
Chief Planner
Southold Town Board of Appeals
MAIN ROAD- BTATE RnAD 25 BDUTHDLD, L.I., N,Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
September 17, 1985
GERARD P. GOEHRiNGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Pursuant to Article ×TTT of the Suffolk County Charter, the
Roar(] of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
XXX 'v'eriance from the ~,oning Code, Art±cle [II , Sect±on 100-32
Variance from Determination of Southold Town
Building Inspector
Special Exception, Article , Section
Special Permit
A eal No.: 1 AppliQant: n++~
PP 338.
Location of Affected La~a.~N0rth side of Main Road,
County Tax Map Item No.. 1000-013-02-004
Within 500 feet of:
Orient, NY
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
'State or County Road, Parkway, Highway,
Boundary of Existing or Proposed County,
Owned Land
Boundary of Existing or Proposed County,
or Other Recreation Area
Thruway
State or Federally-
State or Federal Park
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
in front yard area
consif6ct
accessor~
building
Copies of Town
review.
Dated:
file and related documents enclosed herewith for your
Socretary, Board of Appeals
Southold Town Board o£Appeals
MAIN I~E}AD- sTATE RrlaD 25 SrlUTHE}LD, 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 B. SAWlCKI
September 13, 1985
Abigail A. Wickham, Esq.
Wickham, Wickham & Bressler,
Main Road, Box 1424
Mattituck, NY 11952
Re: Appeal No. 3381 Otto Zapf
Dear S~~am:
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 b~ 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
Suff0]k
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
County' Planning Commission
RODERICK VAN TUYL, P.C.
LICENSED LAND
GREENPORT NEW YORK
SUFFOLK CO. HEALTH DEPT. APPROVAL
H.S. NO. 15-
STATEMENT OF INTENT
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
iooo ocs Z 4.
OWNERS ADDRESS:
TEST HOLE: b"TAMP
SEAL
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 ISOUTHOLD TOWN
BOARD OF APPEAL8 at the
Southold Town Hall, Main Road,
Soutbeld, NY at a Regular Meet-
ing, commencing at 7:30 p.m. on
THURSDAY, AUGUST 8,
1985, and as follows:
7:30 p.m. Application of
MARK A. SQUIRES, 2405
Vanaton Road, Cutchogue, NY
for a Variance to the Zoning Or-
dinance, Article IH, Section 100-
30(A)[1] for permission to con-
struct inground pool on vacant
parcel in this A-P-~aidential and
Agricultural Zo~ing District
known and identified as Lot 356,
Map of Section D, Nassau Point
Club Properties,' Inc., Map No.
806; East Side of Vanston Road,
Cutohogue, NY; County Tax Map
District 1000, Section 111, Block
6, Lot 5.
7:35 p.m. Application of
GEORGE AND DORIS SUL-
LIVAN, 84 Beach Road, Green-
port; NY for a Variance to the
Zoning Ordinance, Article IH,
Section 100-32 for 'permission to
construct accesZory storage
bnildi~g~ in tl~e e~sterly sideyard
area at premises located on the
South Side of&andy Beach Road,
Greenpert, NY; County Tax Map
Parcel No. 1000-~3-3-6.
~'I0~ p.m. ~pplimtion for
~.PF, by A. Wickham,
Esq., Main Road, Mattituck, NY
for a Variance to the Zoning Or-
idinan~e, A~icAe III, Section 100-
!32 for permi~mlon t* collstr~ct ac-
cessory storage (garage) building
in the frontyard area premises lo-
ate right-of-way off the North
lids of Main ROad, Orient, NY;
~ounty Tax Mhp Parcel No.
7:45 p.m. Application of
NICHOLAS IpLn~OLiTO, by
Gary F. Olsen, E~q., Box 706,
Cutcbegue, NY for a Variance to
the Zomng Ordi~ance, Art/cie
IH, Section 100-31, Bulk and
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
nNT~ T'~,"~{A~ of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, s Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the ~L
dayof August 19 85
Principal Clerk
Sworn to before me this 1
~ ANN M. ABATE
day of. August 19 ~ARY PUBLIC, State of New
· Su~Iolk Count'~ No ~74~183
NOTICE
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Code of
the Town of Seuthold, 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, commenc-
ing at 7:30 p.m. on THURS-
DAY, AUGUST 8, 1985, and as
follows:
7:30 p.m. Application of
MARK A. SQUIRES, 2405
Vanston Road, Cutchogue, NY
for a Variance to the Zoning
Ordinance, Article III, Section
100-30(A)[1] for permission to
col~truct . jng~round _ po~l ~ o~n
vacant parcel in this A-Resi-
dential and Agricultural Zon-
ing District known and identi-
fied as Lot 356, Map of Section
D, Nassau Point Club Proper-
ties, Inc., Map No. 806; East
Side of Vansten Road, (~ut-
chogue, NY; County Tax Map
District 1000, Section 111,
Block 6, Lot 5.
7:35 p.m. . Application of
GI~ORGE AND DORIS SUL-
LIVAN, 84 Beach Road,
Greenport, NY for a Variance
to the Zoning Ordinance, Ar-
ticle 111, Section 100-32 for
permission to construct acces-
sory storage building in the
easterly sideyard area at pre-
mises located on the South
Side of Sandy Beach Road,
Oreenport, NY; County Tax
Map Parcel No. 1000-43-3-6.
B 7:40 p.m. Application for
OTTO ZAPF, by A. Wickham,
Esq., Main Road, Mattituck,
Y for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 for permission
to construct accessory storage
(garage) building in the front-
yard area premises located at
the northerly end of private
right-of-way off the North Side
of Main Road, Orient, NY;
County Tax Map Parcel No.
1000-013-2-4.
N~50 p.m. Application of
LAS IPPOLITO, by
Gary F. Olsen, Esq., Box 706,
Cutchogue, NY for a Variance
to the Zoning Ordinance, Ar-
ticle III, Section 100-31, Bulk
and Parking Schedule for ap-
proval of the insufficient lot
area of two parcels, each with
an existing single - family
dwelling, located along Carole
Road (private) off the South
Side of C.R. 48, Southold, NY;
County Tax Map No. 1000-52-
2-7 and 1.1 (7.21.
COUNTY OF SUFFOLK
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 Tr,~veler-Watchman
once each week for ........................... weeks
successively, commencing on the ......... ./. i'~ .........
Sworn to before me this ......... :'. .......... day of
Notary Public
BARBARA FORB -~5
Notary Public, State of t,e.. ',ork
No. 4806846
Qualified in Suffolk (Jouncv
Commission Expires Mare;; ~,.,' Iv-fo"
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD August 8, 1985
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN S . E . Q . R . A .
CHARLES GRIGONIS, JR.
SERGE OOYEN, JR. NEGATIVE ENVIRONMENTAL D[,]CLARATION
ROBERT J. DOUGLASS
JOSEPHH. SAWICKI Notice of Determination of Non-Significance
APPEAl, NO.: 3381
PROJECT NAME: Otto Zapf
This notice is issued pursuant to Part 617 of thc implementing
regulations pertaining to Article 8 of thc N.Y.S. Environmental
Ouality Review Act of the Environmental Conservation Law and Local
l.aw ~44-4 of the Town of Southold.
This board determines the within project not to have a signi£i-
cant adverse effect on the environment fo~ the reasons indicated
Please take further notice that this declarat.ion should not be
considered a determination made for any oth~_~r department or agency
which nu~y also have an application pcndi~g 1~: thc
t~ro )oct.
TYPE OF ACTION: [ ] Type II [X~ Unlisted [ ]
DESCRIPTION OF ACTION: Permission to construct accessory building
in front yard.
LOCATION OF PROJECT: Town of Southold, County of s~ffolk, more
particularly known as:
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
~;ubmitted which indicates that no significant adverse effects to
environment are likely to occur should this project be implc-
illc]~ted as planned;
(2) Construction is landward of existing structures.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda
Southold Town Board of Appeals, Town Hall, Southold,
765-1809 or 1802.
Copies of this notice sent t:o the appli¢;~t or
on the Town Clerk Bulletin Board.
Kowalski, Secretary,
NY 11971; tc:l. 516-
his aqent and posted
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
July 8, 1985
To:
Southold Town Zoning Board of Appeals
From:
Judith T. Terry,Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3381 application
of Otto Zapf for a Variance. Also included is Notice to
Adjacent Property Owners; Notice of Disapproval from
the Building Department; Short Environmental Assessment Form;
and letter relative to N.Y.S. Tidal Wetlands Land-Use.
Southold Town Cl~rk
WILLIAM WlC F, HA m
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER,
MAIN F~OAD, P.O. BOX I424
MATTITUCK LONG ISLAND
NEW YORK 1~952
5~6-298~8353
July 3, 1985
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Zapf Application for Variance
Gentlemen:
Enclosed are the following in connection with the
above application:
1. Application in triplicate;
2. Original Notice to Adjoining Owners with
Affidavit of Service thereon;
Notice of Disapproval from the Building
Inspector;
4. Short Environmental Assessment Form;
5. Wetlands Letter;
? ~ 6. Five prints of the survey;
'7 j 7. Check in the sum of $75.00, representing
the application fee.
If any further information is required, please contact
us as soon as possible.
Very truly yours,
WICkHAM, WICKHAM & BRESSLER,
MAIN ROAD~ P.O. BOX 1424
NEW YORK 11952
516-2~8-8353
July 5, 1985
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Att: Ms. Linda Kowalski
Re: Application of Otto Zapf
Dear Linda:
Enclosed is the check for $75.00, payable to the
Southold Town Clerk, which I inadvertently neglected to
enclose with the above application on Wednesday.
Very truly yours,
Ellen M. Urbanski
Legal Assistant
/ emu
encl.
TOWN OF SOUTHOLO, NL~V YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. :~ ~ ?'
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
.c./o Wickham, Wickham ~,~,ressler, P.C.
I W~Y/~ (~TT(~ 7. APV ,,~ main Road - P.O. Box
Nome of Appellant Street and Number
Mattituck, ........ .N...Y. ............... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION
front yard
WHEREBY THE BUILDING INSPECTOR DENIED TO
Otto Zapf
......
Name of Applicant for permit
( )
( )
DATED: 6/12/85 FOR: Permission ~o construct garage in
of Main Road, Box 1424, Mattituck, New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
(X) PERMIT TO BUILD
1. LOCATION OF THE PROPERTY .~i~.-..O. fr.~....O.f~...J~i~..~0.~,...~.,,..~. ........
Street and Memlet Zone
SCTM ~1000-013-02-004 OWNER(S): QTT0..ZAPF. ................
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.:i.¢~ III ~ Section 100-32
3. TYPE OF APPEAL Appeal is mode herewith for
(X) A VARIANCE to the Zoning C)sdinance or Zoning Map
( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~ (hc~:~'~) 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 o vorlonce
and was made in Appeal No ................................. Doted ......................................................................
( )
(X)
( )
is requested for the reason that
in the front yard.
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
we would like to
construct an accessory building
Form ZBI
o~her side)
REASON FOR APPEAL Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce procticaldifficulti~ or unn~es-
sow HARDSHIP because the rear yard is on Long Island Sound, and it would
not be feasible to place a garage in the rear yard due to aesthetics,
danger from erosion and practical difficulty in reaching that part of
the property by vehicle.
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because the property obtains access from
a right-of-way, and the rear yard is on the water.
3. The Vorionce would observe the spirit of the Ordlnonce and WOULD NOT CHANGE THE
CFIARACTER OF THE DISTRICT because this is the only logical choice for a
garage location on the property.
STATE OF NEW YORK )
)
COUNTY OF SUF~'OI,I~ )
WICKM~A_M~ WICI~}~A_I~ & BRESSLER, P.C.
Attorneys for Applicant
.... A.' .........................
o ........... ' .............................. 19 85
No~,ory P. MJc
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
OTTO ZAPF
to the Board of Appeals of the Town of Southold
TO: Ms. Christine Reese, .et al.
Ms. Ruth Ellen Levy
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 (Variance) ~l~l~q~~~i~~
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: North by Long Island Sound: East by Levy: West and SOuth by
Reese - Suffolk County Tax Map No. 1000-013-02,004.
3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefoUowingzoningdistrict:
"A" ResidentlaI and A~ricultural
4. ThatbysuchPetition, theun~ersigned willrequestthefollowingrelief: Permission to
construct an accessory building in front yard.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare Article ~II Sectic~ 100-37.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by tee
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.
WIC~b~M, WICKHA~. & BRESSLER, P.C.
By: Abigail A. Wickham
Post Office Address
Main Road - P.O. Box 1424
Mat tituck. NY 11952
(516) 298-8353
NAME
Ms. Christine Reese,
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
et al.
c/o Ms. Christine Reese
855 sunrise Highway
LYnbrook, NY 11563
Ms. Ellen Ruth Levy
RECEiP RECEIPT FOR cERTiFIED MAiL
CE 60~£~,~GE pR0V~0£D
NO ~NSL NO ~NS~N,,, N¢~ON~t MA~L
(See Reverse)
postag
Special De
136 Waverly Place
New York, NY 10014
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
ELLEN M. URBANSKI, , residing at (no #) Oak Street,
Mattituck, NY i1952 , being duly sworn, deposes and says that on the 3rd day
of J u£y ,19 85 , 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 Southold; that said Notices were mailed at the United States Post Of-
ficeat Mattituck
(certified) (ri~mYrawrw~, mail.
Sworn to before me this 3rd
daypf~-) July ,~/5
"' ~ary Public
; that said Notices were mailed to each of said persons by
ELLEN M. I. JRB/~ISKI
FRANKLYN A. FARRIS
NOTARY PUBLIC, State of New York
No, 4742040, Sulfolk
Comm. Expires March 30,
~ ' ; SUFFOLK '
x .~ SERVICES
-~c .~ , CONSTRUCTI
.
PIZOPE~ ..it s~u~ ~ noted ~at since
..... ':'"' ~UP.V~ ~%'ED FO~ area, ~e possibility e~;s~s that t~, .~
.... water su7p)y~ mc7
(a) In order to answer the questions in this short FAF it is assumed that the preparer
will use currently available information concerning the project and the likely impacts of
the action. It is not expected that additional studies, research or c~her investigations
will be undertaken.
(b) If any question has been ~ Yes, the project may be significant and a
c~,91eted Environmental Aases~ant Form is necessary.
(c) If all questions have been answered No, it is likely that this project is not
significant.
(d) Environ~_ntal Assessment:
Will project result in a lmrge physical change to the project site or
physically altar more than 10 ac£es of land? ................
Will there be a major change to any unique or unusual land form found on the
site? ................................
3. Will project alter or have a large effect on an existing body of water?
4. Will project
5. Will project
6. Will project
7. Will project
8. Will project
scenic views
have a potantially laxge impact on 9zu~ndwater ~ml ity? . . .
significantly effect drainage flow en adjacent sites? . .
affect any threatened or er~ngered plants or animal species?
result in a major adverse effect On ~r quality? ......
have a major effect on visual character of the c~,,,unity or
or vistas known to be important to the c~L,~-,nity? ......
Will project adversely impact any site or structure of historic, pre-
historic, or pale~mtolugical i, portanoe or any site designated as a critical
envir~=,~ntal area by a local agency? ....................
10.
11.
12.
will project have a major effect on existing or future recreational
opportunities? ................................
Will project result in major traffic problems or cause a major effect to
existing transportation sys~? .......................
Will project reg~!arly cause objecticemble odors, noise, g~e, vibration,
or electrics! disturbanoe as a result of the project's operation? ......
13.
14.
Will project have any impact on public health or safety? ...........
Will project affect the existing o~,unity by at~tly causing a growth in
permanent po[m,!ation of more than 5 percent over a one-year peri~ or have
a major negative effect on the charac+-? of the c~,,ma%ity or neighborhood? . .
15. Is there public cont_-'over conoemi the project? .............
~~: ' O~Zapf ~i July 3 ~ 1985
No
July 3 ~ 1985
(Today's Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of OTTO ZAPF
Location of Property: Ri~ht-of-Wa¥ off Main Road~ 0rient~ N.Y.
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 in the within appeal application:
(please check one box)
! ]
! ]
May be located within 300 feet of tidal wetlands;
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 be located within 300 feet of tidal wet~ands;
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 wali existing
on the premises. However~t~e~C~pproval not req, d~ed -
elevation is well in excess o~ ~et. '
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.]
· ~oiga~zl A. Wickham
~ ', · Attorhey for applicant
WICKHAM~ WICKHAM & BRESSLER, ~,c.
July 8, 1985
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Att: Ms. Linda Kowalski
Re: Application of Otto Zapf
Dear Linda:
In accordance with our telephone conversation this
morning, I am enclosing the Notice of Disapproval from the
Building Department.
The remaining additional information you requested
will follow shortly.
Very truly yours,
Ellen M. Urbanski
Legal Assistant
/emu