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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