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HomeMy WebLinkAbout3415I2501~e¢ond S~., Pew Suffolk ~ 5/IZi/SI d~L~6n~r~c% add. to dwelling w/insuff. rear.rd~ setback; 9~5~85 ~3~Ol s~ ~~- Southold Town MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 34]5 Application Dated October 7, ]985 (Public Hearing TO: Earl T. Miles, Esq. as Attorney for MR. AND MRS. PETER PURIC 120 Court Street Riverhead, NY 11901, 10/24/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 26, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], 8u]k Schedule [ ] Request for Application for PETER AND HELEN PURIC Appeal No. 3415 Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements (and with the insufficient total sideyards and reduction of the northerly sideyard as applied under Appeal No. 3401), premises known as 1250 Second Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 7, Lot 23. WHEREAS, a public hearing was held on October 24, 1985 in the Matter of the Application of PETER AND HELEN PURIC under Appeal No. 3415; and 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. The property in question is located on the east side of Second Street, New Suffolk, New York, contains an area of approxi- mately 4,075 square feet and frontage (lot width) of 40.10 feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 07, Lot 023. 2. By this application, appellants request a Variance to Article III, Section 100-31, Bulk Schedule for permission to construct an addition which will exceed the maximum 20% lot-coverage requirements by three percent (3%). By decision rendered simultaneously herewith under Appeal No. 3401, relief was granted for this proposed addition for an insufficient northerly side yard at 13 feet and insufficient total sideyards at 17 feet. 3. Existing upon the premises is a single-family dwelling which is presently set back four feet from the southerly sideyard area, 21 feet from the northerly sideyard area, and 15 feet from the front (CONTINUED ON PAGE TWO) DATED: December 3, 1985. FO~Ta ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3415 Matter of PETER AND HELEN PURIC Decision Rendered November 26, 1985 (westerly) property line. For the record, it is noted that a condi- tional variance was granted May 27, 1981 under Appeal No. 2821 for an addition leaving an insufficient rearyard setback at 29 feet. 4. It is also noted for the record that conditions set forth in the decision rendered May 27, 1981 under Appeal No. 2821 limited construction also to a maximum of 20% of lot coverage. 5. It is the opinion of the board that the relief requested for a total lot coverage of 23 percent is not substantial, being 15% of a variance from the requirements. In considering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3415 in the Matter of PETER AND HELEN PURIC for permission to construct addition with excessive lot coverage to a maximum of 23% as applied, SUBJECT TO THE FOLLOWING CONDITIONS: ~ . No further sideyard or rearyard reductions; 2. Northerly sideyard area of 13 feet shall remain open and unobstructed at all times for fire and emergency vehicles; 3. This approval does not include any variance which may be required as to frontyard setback as applied; 4. The relief granted hereunder is limited to three percent over the maximum requirement of the Bulk Schedule of 20 percent, for a total lot coverage of 23%. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, lass and Sawicki. (Member Doyen of Fishers Island was absent to weather conditions.) This resolution was adopted by vote of all the members present. lk Doug- due unanimous GERARD P. GOE~RINGER~/CHAIRMAN December 3, 1985 S th ld To Bo d of App Is MAIN R~3AD- ~TATE RI3AD 25 SDUTh~LD, L.I., N.Y. 11~71 TELEPHONE {5~6~ 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGEE CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEE JR. ROBERT J, DOUGLASS JOSEPH H. SAWICKI NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, OCTOBER 24, 1985, and as follows: 7:35 p.m. CLIFFORD CORNELL Appeal No. 3410. Variance to the Zoning Ordinance, Article III, Section tO0-3!, Bulk Schedule, for permission To locate proposed single-family dwelling structure with an insufficient rearyard setback, premises identified on the Suffolk County Tax Maps as District 1000, Section 48, Block 2, Lot 9; located on' the North Side of Flint Street, Greenport, NY; Greenport Driving Park Map No. 369, Lot 84. 7:40 p.m, JOHN J. HAAS - Appeal No. 3404. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in the frontyard area, premises identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 2, Lot 15; 3325 C.R. 48, Mattituck, NY. 7:45 p.m. ANTONE GRIGONIS, JR. Appeal No. 3413. Variance pursuant to New York Town Law, Section 280A, for approval of access over private right-of-way located off the South Side of Old North Road, Southold, NY, to premises in this proposed set-off division a distance of 655 feet, identified o~ the Suffolk County Tax Maps as District lO00, Section 55, Block 2, part of Lot 8.1. 7:50 p.m. PETER AND HELEN PURIC - Appeal No. 3415. Variance ~age 2 - Legal Noti~--×of Hearings Southold Town Board of Appeals Regular Meeting of October 24, 1985 to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for permission to construct addition which exceeds the maximum- permitted 20% lot coverage requirementS (and with insufficient total sideyards and reduction of the northerly sideyard as applied under Appeal No. 3401), premises known as 1250 Second Street, New Suffolk, NY; County Tax Map District lO00, Section ll7, Block 7, Lot 23. 7:55 p.m. PETER AND HELEN PURIC - Appeal No. 3401. (recessed from October 3, 1985). 1250 Second Street, New Suffolk, NY. 8:00 p.m. STAMATIOS AND ELENI RAPANAKIS Appeal No. 3405. Variance to the Zoning Ordinance, Article XI, Section lO0-118(D) for permission to reinstate nonconforming two-family dwelling use at 2030 Boisseau Avenue, Southold~ NY; County Tax Map District t000, Section 55, Block 6, Lot 40. 8:05 p.m. FRED SCHOENBAECHLER Appeal No. 3414. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of the construction of dwelling structure with an insufficient frontyard setback from the east property line, premises known as 950 fiagen's Landing Road (a/k/a 2325 Clearview Avenue), Southold, NY;County Tax Map District 1000, Section 70, Block tO, Lot 24. The Board of Appeals will hear at said persons desiring to be heard in each of the comments may also be submitt'ed prior to ing in question. For more information, (alt. 1802). time and place all above matters. Written the conclusion of fhe hear- please call 765-1809 Dated: October 3, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN FORM NO. 3 TOWN OF SOUTIIOLI) BUILDING I)EPARTMENT TOWN Ct,ER K'S OEI:ICE $OUTIIOLD. N.Y NOTICE OF DISAPPROVAL · .~,'Ox~c~...~.. ......... ~o ~z~or.D.-. Al....'./... 1.0 .~ :.. PLEASE TAKE NOTICE that yonr application dated ....... .O(..-/.i .............. rtauso No. ~'treet Hamlet County Tax Map NO. 1000 Section .... *//'.7 ..... Block Subdivision ................. Filed Map No ................. Lot No. '-~ . ...... i~ returned herewith and disapproved on the following grounos .......... ,..,.,.: ..... , .... . ......... ....... :...,..., .... , .... ... .............................. Buii~n~ Inspector ltv 1180 TOWN OF $OUTHOLD, NEW YORK AMENDED APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~15 DATE As of August 28 1985 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Morizzo contractor agent ], (We) Peter and Helen P.?,ric, by Ron of 1250 Second Street Nome of Appellant Street and Num6er New Suffolk New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....a..u.g..u.s...t...,~.,....~..9.8...5....q.s...,~..m..q,n,d..e..d..Oct. 4, 1985 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Ron Morizzo Builder, Inc. for Peter and Helen Puric Name of Applicant for permit of 645 Jernick Lane, Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct addition 1. LOCATION OF THE PROPERTY ...... ]:..2.5..0....S..e.c.o.~.a....s..t.: .................................... ,,~.-..1...,G..e..~..e..~..q.1. ....... Street Use District on Zoning Mop .................................................................................. Cuppent Owner Peter and Helen Puric /Hap No. Lot No. 0700-117-7-23 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicote the Article Section, Sub- section and Poragroph of the Zoning C~rdinance by number. Do not quote the Ordinance.) Article III, Section i00-.~ 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hos) (has not) been made with respect to this decision of the Building Inspector or with respect to this property., except as to amendment to reflect Oct. 3, 1985 Building Inspector's determination Such cppeaI was ( ) request for a special permit that 20% coverage limitation in 1981 ZBA ( X ) request for a variance decision would be exceeded. and was made in Appeal No.....2..8..2,.1. ..................... Dated ,....M..a.y....2..7.1....1..9..8..1. .......................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the ~ason that two bedroom addition required for growing family and the 20% coverage limitation set forth in the 1981 decision of the Zoning Board of Appeals must be exceeded by approximately 3% to a total of 23% in order to construct the addition with the requisite floor space. 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 addition is required to make premises habitable for growing family needs. 2 The hardship created is UNIQUE and is not shared by aJ] properties oJike in the immediate vicinity of this property and in this use district because the coverage limitation ~mposed by the previous decision requzres a 3% increase ~o accomodate the addition. 3. The Variance would observe the spirit of the Ordinonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed addition is in harmony with the existing charactor of the immediate neighborhood. SUFFOLK COUNTY OF ) Ron Morizzo, cont~r~gent---- for Helen and Peter Puric Sworn to this .................. ~....~...-~.,. ......... day of ................ P.c,t.okez .......................... 19 85 OWNER FORMER OWNER STREET N /~'. C ~ P/qL Do VILLAGE SJ~S. ' 1 VL E DIST~T~-SUB. ACREAGE TYPE OF BUILDING LOT RES.Z~ ~ARM coMM.[,ND. J cB. M,~c. LAND DATEREMARKS AGE NEW NORMAL Acre ABOVE --]' FRONTAGE ON WATER Farm Value FRONTAGE ON ROAD .7~.~ o~, ~ec& ,:O' ,..j,'~ :" ~ ' ' L Tillable I BULKHEAD Tillable 2 DOCK Tillable 3 BUILDING CONDITION BELOW Value Per Acre W~odlo;~ : Swampland : Hous'~ Plot Total NAP OF" Pr~ot:~EI';~'FY t<. ¢ ,~" :,~ !--.Ui,i.'.lr' ESecth~n 7209 of t~o New yo~k 8leto duc~n L, gnlv. ~e I{~ IU~$ Ink~ seal or q~ly ~ tho ~r~o~ lot whom the 6U~W 3 .1 '?, ,~vl'.; ~;'~ l?/ ~'I/,b~ It 1~ .... Li..I~ ::"/, .'" COUNTY OF ~UFFOLK Department of Plann:Ln$ 360-5206 Town of Southold Board of Appeals December 26, 1985 Pursuant to the requirements of Sect~one 1323 to 1332 of :he Suffolk Comity Charter, the follow~u8 application(s) which have bem referred to Cite Suffolk Comity Pl~nntn~ Co~esion are considered to be a matter for loca~ determ~n~- tion. A decision of local determ~natton should not be construed as e~cher ~n approval or a disapproval. Applicant(s) File l~mber(s) Peter & Helen Puric Mr. & Mrs. Frank A~nirati Mr. & Mrs. Fred Schoenbaechler Mr. & Mrs. Peter Puric~ Benjamin Kowalchuk Robert Hungerford 3401 3407 3414 3415 3417 3427 Very c~uly yours, Lee E. Koppelman Director of Planninz Chief Pl~n~er Southold Town Board of Appeals MAIN RnAD- -~TATE RDAD 25 BOUTH{3LD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 5, 1985 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 Zoming Code, Article III , Section 100-31 ~ Variance from Determination of Southold Town Building Inspector -- Special Exception, Article , Section __ Special Permit Appeal No.: 3415- Applicant: Mr. and Mrs. Peter Puric Location of Affected Land: 1250 Second Street County Tax Map Item No.: 1000- 117-7-23 Within 500 feet of: __ Town or Village Boundary Line ,Y.-~X Body of Water (Bay~ Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Propose~ County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or __ Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to cnn~fr,,rt add~tien which exceeds the maximum-permitted 20% 10t c0verage requirements(and with the insuttlclent tidal reductionof thenortherly sideyard as applied under Appeal No. 3401 Copies of Town file and related documents enclosed herewith for your review ' ' '~ ~ - -~'" c,,..,~/~-'~ ~~? ~ t..~-~_,.~ "' Dated: [~{~ Secretary. Board o~ Appeals. NOTICE OF NOTICE IS HEREBY GIVEN, pttrsuarit to ~don ~ ~ ~e To~ ~w ~ ~ ~e of T~ ~ ~M, ~e follo~ pub~e h~ ~11 ~ ~d ~61d, ~ at a ~ M~ ~ ~ at 7:~'p,m. on l'a~A~, ~R 7~ p.m. C~ CO~ ~- ~ No, ~10. V~- ~e m, ~ 1~t, Bu~ ~, for ~n m~ p~ ~l~ f~ily Co~ T~ ~ ~ ~ 1~, ~ ~, Bl~ 2, ~ 9; l~ on ~ No~ Side ~, G~ ~; ~n- ~ ~ P~ ~ No. 369, ~t~. Ap~ No. ~. ~n~ ~, ~le ~n 1~2 for ~i~ion l~a~ ~e ~ iden~fi~ on ~ S~o~ ~on 141, Bl~k ~, ~t 15; ~ C.R. ~, ~m~, ~, 7:~ p.m. ~ G~. V~ ~t ~ N~ Yo~ To~ ~w, ~ ~ ~r p~al of ~ ~er ~va~ ~ ~ ~ i~ on ~:~ p.m.. P~R ~N P~C - A~ No. don ~ ~ ~fion w~ i~y~ ~d ~u~on ~ ~e ~ ~o~ ~ 1~ ~nd ~, N~ 8~o~, ~; · ~, ~1~ 7, ~t ~. 1. (~ ~m ~r ~' ). 1~ ~nd St~t, No. ~. V~ ~ ~ ~i~,n~, ~cl~ ~, ~on l~ll~D) ~ ~ ~ f~y dweH~ ~ at 20~ ~. ~on ~, Bl~ 6, ~t 40. 8~ p.m. ~D ~HOEN- ~n~, ~e ~, ~ion l~ ~ ~on of ~ ~ ~ ~ent ~ ~ A~nue), ~u~.~ Lot ~.m~, ~ 70, Block at said time and piece all ~ ~ ~w m~ W~n ~ m~ ~y ~ sub~ ~no~ ~. ~ ~l~on of ~ ~n, pl~ ~11 7~-1~ (alt. 1~2). ~ Da~: ~ ~. 1~. BY O~ER OF ~ OF ~PEA~ GE~ p. ~E~GE~ I~17-~ CH~N STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ! Mary K. Deqnan 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 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 17 dayof ..... t.~.. 19 85' Pd~ipa~ Clark~ the Town i~t~m~d th~ C~de of the T~w~ c~ i~S°uflmld~ foll~g~ ~ h~ ~td ~ a ne~uhr ~ ~'ehc- DAY, ~ ~.:X~, ~d ~ to me ~~, Bulk S~uk, f~ to I~te ~ insu~dent ~ ~b~, ~m~ iden~ on ~e'Suf- ~ C~n~ Tn ~nps u ~ D; ~t~ on the. s t, 7:~ ~.m. ~O~ J. H~A$- p~mises i~ed on ~- fo~ Count. T~ ~ ~ ~*~ p~- set~ ~ ~ f~t, COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... /. ...... weeks successively, commencing on the ......... f.'.~...z~. ...... Sworn to before me this . . /~-z¢ day of , Notary Public BARBARA FORBES Nota~ Public, State of New York No. 480~g~6 · Qualified in Suffolk County Commission Expires Ma~h 30, 19~ ~ch exceed: ~he maximilm- rmitted 20% ~ uirements (anti' with the ffi,cient toml. sideyards 7:55 P.m. PETER AND ~LEN PUPJC-Appeal No. ~01. (recessed f~om October I~ 1985). 1250 S~cond Street, qew Suffolk, NY. A~00 p.m. STAMAT1OS £L£NI RAPANAKI$- Appeal No. 3405. Variance to the Zoning Ordinance, Article 1'1, Section 100-118(9) for per- mission to reinstate noncon- forming two-family dwelling use at 2030 Boissean Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. $:0S p.m. FRED SCHOEN- BAECHLER- Appeal No. 3414. Variance to the 7.oning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of the construction of dwelling structure with an in- safficiont frontyard setback from the east property line, premises known as 950 Gag- en's Landing Road (a/k/a 2325 Clearview Avenue), Southold, NY) Count7 Tax Map Dis~ct 1000, Section 70, Block 10, tot :14. ~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 submi*ted prior to the concin- sion of the hearing in question. For more information, please D~d.~'~it~et~,!~," 19857~ ~ ~ BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS G£1~A. RD P. GOEHRINGER, CHAIRMAN 1,T't0/17/85~6) APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH ~.SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11=J71 TELEPHONE (516) 765~1809 December 3, 1985 Earl T. Miles, Esq. 120 Court Street Riverhead, NY 11901 Re: Appeal No. 3415 - Peter and Helen Puric (Variance) Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In.the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b~e 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Copy of Decision to Secretary Building Department Suffolk County'P]anning Commission Ron Morizzo Builder, Inc. Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS October 24, GERARD P. GOEHRINGER, CHAIRMAN $. E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONM_ENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of N~n-Significance 1985 APPEAL NO.: 3415 PROJECT NAIVE: PETER AND HELEN PURIC This notice is issued pursuant to Part 617 of tile implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within, project not to have a signifi- cant adverse effect on the environment for tile reasons indicated below. t0ta] particularly known as: 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 simi].~r project. TYPE OF ACTION: [ ] Type II [ ~ Unlisted [ ] DESCRIPTION OF ACTION: Proposed addit~0n to dwelling exceeding ]0t coverage requirements. LOCATION OF PROJECT: Town of Sou~told, County of saffolk, more ]250 Second Street, New Suff0]k, 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) The property in question is not ]0cared within 300 feet of tidal wet]ands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. lk the lan~ lulv~l I~1 leal 't JUDITH T. TERRY TOWN CLF:RK REGISTRAR OF VITAL STATIST[CS 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 October 7, 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zonigng Appeal No. 3415 application of Peter and Helen Puric by Ron Morizzo Bldr., Inc. for a variance submitted by Earl T. Miles. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. SJ~w~ler~ Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting of October 24, 1985 Copies to the following 10/9/85: Mr. Clifford Cornell, Box 823, Southold, Mr. Robert Grigonis (for Antone Grigonis, Mr. John J. Haas, 3325 C.R. 48, Box 321, Earl T. Miles, Esq. (Re: Puric), Box 961, Mr. and Mrs. S. Rapanakis, 2030 Boisseau Mr. John Bertani (for Mr. Schoenbaechler, NY 11971 Jr.), Box 1232, Southold, NY Mattituck, NY 11952 Riverhead, NY 11901 Avenue, Southold, NY 11971 345 Colonial Road, Southold, NY Town Clerk Bulletin Board ZBA Bulletin Board (office) Building Inspectors Individual ZBA Files ZBA Members EARL T. MILES ATTORNEY AT LAW October 7, 1985 Clerk of the Zoning Board Town of Southold Main Road Southold, New York 11971 Attn: Linda Re: Peter and Helen Puric Dear Linda: Enclosed find amended Notice of Appeal, with copy of amended Notice of Disapproval attached and amended Notice to Adjacent Owners in connection with the above matter, which I understand is scheduled for October 24, 1985. I understand you will publish the amended accordingly. notice Yours very truly, EARL T. MILES ETM:gsg Encls. TOWN OF SOUTHOLD, NEW YORK AMENDED APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~/~c' DATE ....A..s...9..f...a..u..9..u.s...t....28,1985 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Morizzo contractor agent Peter and Helen Puric, by Ran . - 1250 Second Street 1, (We) .................................................................. or ............................................................................ Name of Appellant Street and Number New Suffolk New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~..Rg.g.s..~....~.,....~.?..8.$....a..s....a..m..e..R.8..e..8..°ct' 4, 1985 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ). (x) Ran Morizzo Builder, Inc. for Peter and Helen Puric Name of Applicant for permit of 645 Jernick Lane, Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct addition LOCATION OF THE PROPERTY ..... ~.5..0....S..e...c..o..n..d...S.t.: ......... i ........ ................... ~?..~...~..e..n..e..~.~.[. ....... Street Use District on Zoning Mop ...................................... Current Owner Peter and Helen Puric Map No. Lot No. 0700-117-7-23 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zonin! ~O~rdinance by number. Do not quote the Ordinance.) Article III, Section 100- 3. TYPE OF APPEAL Appeal is made herewith for ( x} A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property., except as to amendment to reflect Oct. 3, 1985 Building Inspector's determination Such appeal was ( ) request for a special permit that 20% coverage: limitation in 1981 ZBA - ( X ) request for a variance decision would be exceeded. and was made in Appeal No.....2..8..2..1. ..................... Dated .....M..a.z...2..7.,....1..9..8..1. .......................................... REASON FOR APPEAL ( ) A VariancetoSection280A Subsection3 (×) A Variance to the Zoning O~inance () is requested for the reason that two bedroom addition required for growing family and the 20% coverage limitation set forth in the 1981 decision of the Zoning Board of Appeals must be exceeded by approximately 3% to a total of 23% in order to construct the addition with the requisite floor space. Form ZBI (Continue on other Side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sery HARDSHIP because addition is required to make premises habitable for growing family needs. 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 coverage limitat±on imposed by the previous decision requzres a 3% increase to accomodate the addition. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed addition is in harmony with the existing charactor of the immediate neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this .................. ...~...'h...'.~..... ......... day Ron Morizzo, cont~r~gent for Helen and Peter Puric of ................ .O.c.t~b~ ..........................19 85 EARL '[ NILES NOTARY PUBLIC. State ot %tew No 52-26~ I~I~ARD OF AI~EALS. TOWN OF SOUTHOLD In the Matter OT' the Petition of : PETER and HELEN PURIC : the Board of Aooeals of the Town of Southold : TO: AMENDED NOTICE TO ADJACENT PROPERTY OWNER TO Include Increase in Coverage Limitation From 20% to 23% ~ YOU ARE HEREBY GIVEN NOTICE: 1. Tha~_Ll-4~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to reques~X~JVarianc~($pecial Exception)(Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: E/s Second Street, 60 feet South of Orchard St., New Suffolk, NY 1000 - 117 - 7 - 23 3. That the property which is the subject of such Petition is located in the following zoning district: A (old lot) 4. That by such Petition, the undersigned will request the following relief: Side yard variances to permit one 4 foot and one 13 foot side yard, a total of 17 feet; where A District requires one of 10, total 25, and increase in 20% coverage limitation imposed in prior ZBA decision No. 2821 dated May 27, 1981 by 3% to a total coverage of 23%. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100-31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5].6) 765-].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: as of Auqust 28, 1985 . S/ Ron Morizzo ~x-' Petitioner Ron Morizzo, contractor agent for Owners'Names: Helen and Peter Puric Post Office Address c/o Earl T. Miles, Esq. 120 Court St., Box 961r Riverhead~ NY 11901 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Gilbert and Virginia Capaldo 8141 Quakertown Ave. Canoga Park, California George and Sharan Anne Kinirsky Orchard Street New Suffolk, NY 11956 Stanley Victoria 529 752 978 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Mr. Stanley Victoria ~econ~ St. New Suffolk, NY 11956 Postage $ Oct. 5, 1985 STATE OF NEW YORK ) COUNTY OF SUFFOLK) Second Street New Suffolk, NY P 529 752 980 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Gilbert and Viriginia C~ Street and No. 8141 ~uakertown Ave. P.O., S ate and ZIP Cod ~anoga Pa~, California Postage $ Certified Fee Special Deliver? Fee Restricted Deliver? Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Deliver? TOTAL Postage and Fees $ Postmark or Date Oct. 5, 1985 ) 11956 )13( 91306 RECEIPT FOR CE, R'~F~ED MArL (see Reverse) E oct- Gall S. Goss , residing at , being duly sworn, deposes and says that on the 5th day of October , 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riverhead, ; that said Notices were mailed to each of said persons by (certified) f~[li~af~[~) mail. Sworn to before me this 5th day of October , ]9 85 / Notary Public EARl. T MII-F.S No ~2-2694~65 Qualified *n Suffolk County C0mrmssmn Expires March 30. 19.~o 8 Head of Cove Rd., Hampton Bays,NYl194~ GA~"T, S. GOSS This side does not have to be completed on form transmitted to adjoining ~roperty owners.) . The N.Y.S, Envirommental Quality Review ~t ~quires sub- mission Of this ~Fm~ and an environmental ~i~. will be made by this boa~'~ before any action is taken. ~flORT ENVLRON%~EIIT.~%I, ASS~S~..'¢E.qT FO~M I!ISTR~TZOKSt (a) In order to answer the questions in this short EAE is is assumed that the preparer will use currently available lnfor~..aticn concerning the project and the likely impacts of the action, It is not expected that additional studies~ research or other investigations will be undertaken, (b) If any question has been answered Yes the project may be ei~ni£icant ahd a ccmpleted Environmental Assessment Form is necessarZo (c) If all questions have been answered No i% is likely that this project is ntt significant. (d) Enviror~ental Assessment 1. Will project result in a large physical cbmnge to the project sits or physically alter more 2. 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? , , , , , , , , , , &. Will project have a potentially large impac~ on groundwater quality? , 5. Will project significantly effect drainage flow on adjacent alt·s? 6. Will project affect any threatened or endangered plant or animal species? · · . · · · . · · · · 7. Will project result in a major adverse effect on air quality? · · · · · · · · · · · · 8. Will project have a =a Jot effect on visual chaz~ acter of the co,~unity or scenic views or ¥ist&a known to be important %o the co,unity? . . . 9. Will project adversely inpact any site or struck- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environment, al area by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunities~ · · · 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · · · · 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical dioturb- ante as a result of the project's operation? . 13. Will project have any impact on public health or sa£ l&, Will project Affect %he existing community by directly causin& a ~rowth in permanent popula- tion of more t.~an 5 percent over a one-year period or have a major negative e£fec~ character of %he community or neighborhood?. , 15. Is %here public~controversy concernlng the~.projec%? PREP~RER'$ S!G:~ATL~E: ~-~'-~ ~,~ , TITLE: /~rl T. Miles, Esq. R£PRE~E'~TI:~C: Peter a~d Helen Puric DATE: Yes ~ No Yes X No Yes Z ~o ,, Yes ~ No Yes x No Yes X No Y~s x No ----- Yes ~ No Yes_~x... No Yes ~ No Yes x No Yes X No Yes x Yes Attorne~ August ~{ No X No , 1985 To: Re: South01~ Town Board of Appeals Main Road Southold, NY 11971 S~Dtember 5 f 1985 (Today's Date) Appeal Application of Location of Property: Peter Puric and Helen Puric .1250 Second St., New Suffolk, NY 11956 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 i~ the within appeal application: (please check one box) / ? ~. [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least t00 feet in length.* [ ] May ~e 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately~ feet in length. [ ] ( ] _ix ] 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 exist'lng on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge** and premises is South of Orchard Street. [Starred items'(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Si~ely you~ (Signature please) NOTE: If proposed project falls witq"kin D;E.C. jurisdiction,' approval must be received an.~ submitted to our office before . . your application can be scheduled for a public hearing. TOWN OF SOUTHOLD BUII.IIING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No..Z7333 ..... Date ...O.q.t.o.b.e..r..2.9. ............. ,19..7.6. THIS CERTIFIES that the building located at ...1...2.5.0. .S..e.c.o.n.d. ............ Street Map No...-.-.-.-..- ..... Block No... 77.-.-.7..Lot No. New Suffolk, N,Y, requirements for one family dwelling & Housing Code conforms substantially to the Al~p~i~£1u. built prior to Certificate of Occupancy d~l-. .......... ~.p.~.l. 1...2.3.., 19..5.7. pursuant to whichal~lF~i/f~e~F~r, tS. 7.~.3.3.. dated .....O~c~ber..29 ......, 19..7.6., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .... P.r..l.v.~.t..e..o.n.e..-.f..z~.i..ly..d.w..e.l.l.i.n.![ .................................... The certificate is issued to ....F.r.~..n.c?.s...Mg.~.e..s.k.i.:...O?~..e.r. .......................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ....P.r..e.-.e.x.i..s.t.i.n.g. .................. UNDERWRITERS CERTIFICATE No. Pre-existing HOUSE NUMBER .... .1.2.5..0 ..... Street ...S.e..c.o.n.d...S.t.~.e..e.t ........................ New Suffolk~ NY 11956 ' FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy THIS CERTIFIES that the building ................................................ Second S~reet,... . New .~.u. ffolk Location of Property,oo,o" .1.2. 5. No. O. ........................'S't/a~i ...... ' ............... Hamlat County Tax Map No. 1000 Section . .1.1.7. ....... Block . 9.7 ............ Lot .... 0.2..3 .......... Subdivision X .Filed Map No. X .Lot No. X conforms substantially to the Application for Building Permit heretofore filed in this office dated June 10 19 .8.1. pursuant to which Building Permit No. 11216, Z dated .... d..u.n.e..2..9 ................ 198..2. , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy 'for which this certificate is issued is ......... am addition go an exl~in~ dwelling. The certificate is issued to Pet, er & Nelen Put'lc of the aforesaid building. Suffolk County Department of Health Approval n/v N 5.52720 UNDERWRITERS CERTIFICATE NO ................................................. Building Inspector Re~. 1/81 ~O~UVH