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HomeMy WebLinkAbout3404Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3404 Application Dated September TO: Mr. John J. Haas 3325 Route 58, Box 321 Mattituck, NY 11952 17, 1985 (Public Hearing 10/24/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on N0vember ]4, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for Application of 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. WHEREAS, a public hearing was held and concluded on October 24, 1985 in the Matter of the Application of JOHN J. HAAS under Appeal No. 3404; 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 at the nor%h side of County. Road 48 (Middle Road)~ Mattituck having frontage (lot width) of 215± feet and lot area of ]iOlm acres, is located in the "A-40" Residential and Agricultural Zoning District, and is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 2, Lot 15. 2. Existing on the subject property is a single-family, one- story framed house with attached garage set back a minimum of 80 feet from the front property line, 48 feet from the west property line and 42 feet from the east property line as shown on survey dated January 14, 1963, prepared by Roderick VanTuyl, L.S. 3. By this application, appellant requests permission to locate a 24' by 24' accessory garage structure to be used strictly for garage and storage purposes incidental to the residential use of the premises and not operated for gain (Section 100-30C[2]), in (CONTINUED ON PAGE TWO) DATED: November 19, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3404 Matter of JOHN J. HAAS Decision Rendered November 14, 1985 the frontyard area not closer than 50'6" from the front property line along C.R. 48 and not closer than 10 feet to the easterly property line. 4. It is the opinion of the board that in granting the requested location, a precedent would not be set since there are other similar structures in the immediate area located in frontyard yard areas, and in view of the fact that the proposed structure will meet the minimum frontyard setback presently required for principal structures. In considering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested not substantial; (b) there will be no substantial change in the character of this district since there are other properties with accessory buildings in the frontyard area; (c) the relief as granted will not cause a substantial effect or detriment to adjoining properties since the accessory building will be set back at least 50 feet from the front property line; (d) the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a 24' by 24' accessory garage/storage building applied under Appeal No. 3404 in the Matter of JOHN J. HAAS, be and hereby IS GRANTED TO BE LOCATED IN THE FRON~OT LESS THAN 50 FEET FROM THE FRONT PROPERTY LINE, AND NOT LESS THAN l0 FEET FROM THE EASTERLY PROPERTY LINE, AS APPLIED, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. The subject accessory building be shielded/screened (as is presently) with trees; 2. The subject accessory building shall never be converted for sleeping or bunk quarters, or any other use not permitted by Article III, Section 100-30(C)[2] of the Zoning Code (shall be for residential storage and garage purposes); 3. There be no overhead lighting which may be obtrusive to neighboring properties or traffic. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk November 19, 1985 ' f CEIVED AND FILED BY !~-~.Ig $OUTHOLD TOWN C!.ERK / DATE / HOUR 4~ ~ :.? ~:, ?~/ Southold Town Board of Appeals tRAIN RrlAD- E~TATE RnAD 25 ~rlUTHI3LD, L.I., N.Y. 31971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROeERT 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 100-31, 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 lO00, 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 on the Suffolk County Tax Maps as District lO00, Section 55, Block 2, part off. Lot 8.1. 7:50 p.m. PETER AND HELEN PURIC Appeal No. 3415. Variance · Pag~ 2 - Legal Not ic~)~ 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 1000, 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 EL£NI 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 lO00, 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 Gagen's Landing Road (a/k/a 2325 Clearview Avenue), Southold, NY; County Tax Map District 1000, Section 70, Block 10, Lot 24. The Board of Appeals will persons desiring to be heard in comments may also ing in question. (alt. 1802). hear at said time and place all each of the above matters. Written be submitted prior to the conclusion of ~he hear- For more information, 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 SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .... ~.~.~.~...../.~.., 19 . .~.c-'~.7 for permit to .. . ."7. f ~' ~ ./c..... ~.~ .~C~.~. ~ ~<~ ~ .~t ~cation of Property .... ~ ~.. ~-.. ~. ................ '..~ ~ ~.~ House No. St~t Ham/et County Tax Map No. 1000 Section ... ~ ...... Block . ~ ~ ........ ~t .O.E ~ ........ Subdivision ........ ~ ........ Filed Map No ................. Lot No. " is returned herewith an~isapproved on the following ~..~o~unds..C~:t/~43/~.~.~./.Q.O..."7..~.. A~/o4 · ~"~"~_z'"~?~:~ ~'''''~''~'~'~'~'''~'''' '~ ~'5''' .. ~ .... ff_~.~./~.,.. ,/.~.. ~///.e....~e. _~... ~..~..4.~...~.~.~.~..: ........ ........ ./~..~.~....~-z .... . .~. :.~....c~ ~.-...~. ~ ............................... Bdilding Inspector RV 1/80 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ , 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (SighSture of applicant, or name, if a corporation) ..0.,.. ?.X. 3 I. : (Mailing address of applicant) ~ ' ' State whether applicant is owner, lessee, agent, architeql, engineer, general contractor, electrician, plumber or builder. Nmne of owner of premises ..~.).,.~.~.6d...4>...~...9(t. ................................. · (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Ot er Trade s L~cense No ...................... 1. Location of land on which proposed work will be done .................................................. '2 5,3 (- . ................. tt ouse Num her Street Hamlet County Tax Map No. 1000 Section .... /.Lll./. .......... Block .... '.~ ............ Lot.../~7~ ........... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy.. ~ ,~ .... C24Nt. ~,.. ,,t-~d~:~'~.L. ( ./~.~ b. Intended use and occupancy . .~..~td~(.c,~.~. t~2..c~ei~'>So/(--5''~ - ?:~..(._g2:~9/ ? 3 ( k ) ilding ' Alt · Nature of work ehec w a e: New Bu .................... eration ........ Repair Removal Demolition Other Work 4. Estimated Cost ' Fee ............................... ~ (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number o f dwelling units on each floor .............. If garage, number of ears . .~. .................................................................. 6. If business, commercial or mixed occupancy, specify naIure and extent of each tyt~e of use .............. 7. Dimensions of/existing structures, if any: Front.. ~ 3.t~. ?. ..... Rear . ~(~./~?. ..... Depth. ~-,./. Height ../~. .......... Number of Stories.. / ................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................ Depth ...................... Height ......... ~ ............ Number~ of Stories .................... "8. Dimensions of entire new construction: Front .... :~q ......... Rear .. ~.~. .......... Depth .).~. ......... 9. S,ze of lot' Fr~t' ' ' i,~C)~ ~ ................... l~e~; 'i' ?~-O, ~ D '~'h ~ 3/\ ~ z~ 11. ct mises are situated .... . .~..n;;.. 12. Does proposed construction violate any zoning law, ordinance or regulation: .............................. 13. Will lot be regraded .. ]~.0 .............. /,,~ ......Will excess fill be removed from premises: Yes 14. Name of Owner of premises . d~Address /~T...q,$./~"1~ 7~,.t~. '.~. Phone No..~. ~.. Name of Architect ........................... Address ................... Phone No .............. Name of Contractor ............... ........... Address ................... Phone No .............. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate ail set-back dimensions fro~ property lines. Give street and block number or description according to deed, and show street names and indicate wheth~ interior or corner lot. // STATE OF NEW YORK, COUNTY OF ................. ................................................. being duly sworn, deposes and says that he is the applicar (Name of individual signing contract) above named. He is the (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file thi application; that all statements contained in this application are true to the best of his knowledge and belief; and that th work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of ...................... 19... Notary Public .................................. County (Signature of applica~,) TOWN OF SOUTHOLD, NLr~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ,~J~l~ DATE ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)...~.f?...~.N. ...... ~.,.......H../~.~.~. ..................... of ............ ..~..."~f...~...~. ........... ..~....~.....~'.....~... ................... Name of Appellant Street and Number ..................... .~.../~...?..~J.'..~..(2...~.....~ .............................................. /~.;.~.,. ........... HEREBY APPEAL TO Municipality Slate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~. ........ z .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (~) Name of Applicant for permit of ..... ...... ................ ............ ......................... Street and Number Municipality ~ate PERMIT TO USE PERMIT FOR OCCUPANCY PErfecT T~ B~,Lc/ ~a~.~C~ Ir~ £~T o~ H~s£ 1. LOCATION OF THE PROPERTY ........................................................ .~J ............ ~. .......................... Street Use District on Zoning Map .................................................................................. Current Owner ,Jo h~ d. H/~A~S 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.) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons· Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~() A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL~1 Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) COUNTY OF.~/~//~) SS Sworn to this /,~qT',/-/ day of....~.~./~.~......~..,~ 19~''~ Notary Pubhc 0uillflld iii Idlllk Cl., Il. Commission F. xp#el Mirth #, 16~ OWNER TOWN OF SOUTHOLD PROPERTY STREET / VILLAGE FORMER OWNER LAND IMP. AGE NEWJ' NORMAL TOTAL RECORD CARD DIST. -~.SUB,~ AcR. /! TYPE OF BUILDING LOT IFARM DATE COMM. CB. REMARKS MISC. Mkt, Value BUILDING CONDITION BELOW ABOVE FARi~ I Acre Value Per ' Value I ~ Acre Ziil0ble 1 Tillable 3 Woodlar~ Sw, amptand FRONTAGE ON B~ushland FRONTAGE ON ROAD H~use. Plot: : . DEPTH BULKH~D To,a, i ] DOCK M i D o L F'- COUNTY OF' SUF'F'OL.K Departmen= of Plannin$ 360-5206 Town of Southold Board of Appeals November 29, 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 Co~.tssion 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 o~hn J. Haas 3oseph & Clifford Cornell 34404 3410 Very truly yours, Lee E. Koppelman Director of Plannin~ Chief Pl---er Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, 1.1., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 20, 1985 Pursuant to Article XIII of the Suffolk'County Charter, the Board of Appeals of the Town of Southold, New York, here~y refers the following to the Suffolk County Planning Commission: ~2f Variance from the Zoning Code, ArticleIII , Section 100-32 __ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section ~ Special Permit Appeal No.: 3404 Applicant:John J. Haas Location of Affected Land: CR 948 Mattituck, County Tax Map Item No.: 1000- 141-2-15 Within 500 feet of: 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 ]o~a~ ~o~n~Y q~rage structure in the frontyard area. Copies of Town file and related documents enclosed herewith for your review. Dated: ,.~,~. [~ ~'""-~~~ ~, Secretarv. Board of ADDeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, .IR, ROBERT J, DOUGLASS JOSEPH H. SAWICKI S°uthold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 c~OUTHOLD, L.I., N.Y. 11g?1 TELEPHONE 1516) 765-1809 November 19, 1985 Mr. John J. Haas 3325 Route 58, Box 321 Mattituck, NY 11952 Re: Appeal No. 3404 John J. Haas (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 ~ applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802 Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 17, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Ap~veals From: Judith T. Terry, Southold Town Transmitted herewith is Zoning Appeal No. 3404 application of John J. Hass for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; application for a building permit and Notice o£ Disapproval from the Building Department. Judith T. Terry Southold Town Clerk Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 srlUTHOLD, L.I., N.Y. 'l'lg?'l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 24, 1985 GERARD P. GOEHRINGER, CHAIRMAN $ · E · Q · R . A . CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAl, DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance At~]~EAL NO.: 3404 /~ROJECT NAME: John Haas This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of tile N.Y.S. Environmental Quality Review Act of tile Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for tile reasons indicated belo%~. 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 similhr project. TYPE OF ACTION: [ ] ,Type II ~ Unlisted [ ] DESCRIPTION OF ACTION: Perm~$$~0n to construct accessory building fr0ntyard LOCATION OF PROJECT: Town of Southold, County of Sbffolk, more particularly known as: County R0a~ #48, Matt~tuck, NY in SCTM# 1000-141-2-15 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 ~hould this project be imple- mented as planned; (2) The property in question is not located within 300 feet tidal wetlands or other critical environmental area. of FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; 765-1809 or 1802. Copies of this notice sent to the applicant or his agent ~n the Town Clerk Bulle%in Board. bm Secretary, · tel. 516- and posted NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low 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 Read, · Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, OCTOBER 24, 1985, and as follows'. 7:35 p.m. CLIFFORD COR- NELL - Appeal No. 3410. Vari- ance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to lo- cato pr~pesed single-family dwelling structure with an insuf- ficient rearyard setback, prem~ ises 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; Green- pert Driving Park Map No. 369, t84. ~:40 p.m. JOHN J. HAAS - ~ Appeal No. 3404. Variance to the ! Zoning Ordinance, Article III, inCtion 100-32 for permission to ocato accessory garage structure the frontyard area, premises /g identified on the Suffolk County ~ Tax Maps as District 1000, Sec- Go.tion Block Lot 15; 3325 141, 2, C.R. 48, Mattituck, NY. 7:45 p.m. ANTONE GRI- NIS, JR. - Appeal No. 3413. ance pursuant to New York Town Law, Section 280A, for ap- right-of-way located off the South Side of Old North Read, Southold, NY, to premises in this proposed set-off division a dis- tance of 655 feet, identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, part of Lot 8.1 7:50 p.m. PETER AND HELEN PURIC - Appeal No. 3415. Variance to the Zoning Or- dinance, Article III, Section 100, 31, Bulk Schedule, for permis- sion to (~nstruct 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), prem- i~e~ known as 1250 Second Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 7, Lot 23. 7:55 p.m. PETER AND HELEN PURIC - Appeal No. 3401. (recessed from October 3, 1985). 1250 ~econd Street, New Suffolk, NY. 8:00 p.m. STAMATIOS AND ELENI RAPANAKIS- Appeal No. 3405. Variance to the Zoning Ordinance, Article XI, Section 100-118(D) for permission to reinstate nonconforming two- family dwelling use at 2030 Bois- seau Avenue, Seuthold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. 8:05 p.m. FRED SCHOEN- BAECHLER - Appeal No. 3414. Variance to the Zoning Or- dinance, Article III, Section 100- 31, Bulk Schedule, for approval of the construction of dwelling structure with an insufficient frontyard setback from the east ' property line, promises known as 950 Gagen% Landing Read (a/Ma 2325 Clearview Avenue), South- old, NY; County Tax Map Dis~ trict 1000, Section 70, Block 10, Lot 24. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above mattors. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more in- formation, please call 765-1809 (alt. 1802). Dated: October 3, 1985. BY oRDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TO17-5040 STATE OFNEW YORK ) ) SS: COUNTY OFSUFFOLK ) Mary K. DEgnan of Greenport, in said County. being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published et 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 day of October 19 Principal Clerk Sworn to before me this ,iO[ARY PUB[ lC. '-late i}f N(,w York NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, 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, N.Y. at a Regular Meeting commenc- ing at 7:30 p.m. on THURS- DAY, OCTOBER 24, 1985, and as follows: 7:35 p.m. CLIFFORD CUR- NELL- Appeal No. 3410. Var- iance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for permission to locate proposed single-fam- ily dwelling structure with an insuffficient rearyard setback, premises identified on the Suf- folk County Tax Maps as Dis- trtgt 1000, Section 48, Block 2, Lot 9; located on the North Side of Flint Street, Green- port, NY; Greenport Driving Park Map No. 369, Lot 84. ~ 7:40 p.m.J. HAAS- JOHI~ /A_ppeal No. 3404. Variance to [ the Zoning Ordinance, Article ii!I, Section 100-32 for pennis- ~ sion to locate accessory garage ] structure in the frontyard area, \premises identified on the Suf- '~o!k County Tax Maps as Dis- Itict 1000, Section 141, Block 2, Lot 15; 3325 C.R. 48, Matti- tuck, N.Y. 7:45 p.m. ANTONE GRI- GONIS, JR.- Appeal No. 3413. Variance pursuant to New York Town Law, Section 280A, for approval of access over privat .e right-of-way located off the South Side of Old North Road, Southold, NY, to pre- mises in this proposed set-off division a distance of 655 feet, identified on the Suffolk Coun- ty Tax Maps as District 1000, Section 55, Block 2, part of Lot 8.1. 7:50 p.m. PETER AND HELEN PURIC- Appeal No. 3415. Variance to the Zoning Ordinance, Article .III, Section 100-31, Bulk Schedule, for per- mission to construct addition which exceeds the maximum- permitted 20% lot coverage requirements (and with the insufficient total sideyards and reduction of the northerly side- yard as applied under Appeal No. 3401), premises known as 1250 Second Street, New Suf- folk, NY) County Tax Map District 1000, Section 117, 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 Xl, Section 100-118(D)for per- mission to reinstate noncon- forming two-family dwelling use at 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. 8:05 p.m. FRED SCHOEN- BAECHLER- Appeal No. 3414. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of the construe:lion of dwelling structure with an in- sufficient frontyard setback from the east property line, premises known as 950 Gag- en's Landing Road (a/k/a 2325 Clearview Avenue), Southold, NY) County Tax Map District 1000, Section 70, Block 10, Lot 24. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclu- sion of the hearing in question. For more information, please Dated¥ ~tOb~r 3, 1985~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1 'I"10/17/85(6) 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.: ........... : ~. '.~"./.~..~ ..... 19 J. !.. .... Sworn to before me this /7 ~ day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19 ~ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. m~x/O ~/ DATE .~.~.,...(..7... ,/. ~~'~- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ................ .9. ............. ......................... of .................................................................. Nome of Appellont Street and Number /'"~'"'A"~"~"!'"C'u'"c"~ .............................................. "~":"Y:[~Sto .......... HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...?...~...~...J.~.....L~./....[.~....,-~.... ..... WHEREBY THE BUILDING INSPECTOR DENIED TO ....................... !.Y/. .......................... !..__~.. .................... Current Owner Map No. Lot No. Name of Applicant for permit Street and Number Municipality Si'ate ) PERMIT TO USE PERMIT FOR OCCUPANCY ) LOCATION OF THE PROPERTY .../~..~,....~. ,~,. ............................................ /~[.....~,.~...~... ................. Street Use District on Zoning Map 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.) 3. TYPE OF APPEAL Appeal is made herewith for ("~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X') ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because I'/~ i~ '/~h~ /~0~7~ L~V/_~J_.. A/id STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the vicinity of this property and in this use district because immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY SS ~//Signature Sworn to this /77¥'ri day of...'~"~,~.~f~.... K~....-'~..:. 19~''~- Notary Public RIOHAIID C. IMI~H NOTARY IIUIUC, STATE III NEll/YORK QU;Ill~tl In $1dfllli CO., #1. Commission E~pll~ Mm~h ~, 19 ,111 the Matter of the Petition of : IJ ~eBoard of ADoeals of the Town of Southold : !o: A, O. A ^ -Fo ix/D' YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it i~ t~he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~($pecial Exception) (Special Permit) (Other) [circle choice] ). cribed as follows:2' That the ('.' 0 ¢ AlPr°perty w h i..~.hjv is the_~.4_,~subject of/?,,¢ ~ pthe Petitioning.is Iocated.~....~.7-lONadjacent to ~y~/ui property and is des- 3. That the/~oper;l~h~,th is the subject of such Petition ,s located in the following zoning district:. 4. That by such Petition, the undersigned will request the following relief: / $. That the provisions~,~.f the Southoid Town Zoni.~ng Code applicable to the relief sought by the under- signed are Artic].e ~ SeCc. ic~. /Q ¢ ? ~ ... [ ] Section 280-A, New York Town Law fm' approval of access over right(s)-of-wRy. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petition~ ~ ~ m Post--ice Addr~s~ ' ' ~ ' NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 677 298 062 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) Street and No~7~ P.O., State and ZIP Code .o,,age , '$ Special Delivery Fee Restricted Delivery Fee Return Receipt to whom ~ P 677 297 837 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) 0., State and ZIP Code 3eclal Delivery Fee ~stricted Delivery Fee ~turn Receipt Showing whom and Date Delivered .~turn receipt showing to whom ate, and Address of Delivery STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ' ' ' "' ,,bein~ d~ly swqrn, de~s~ and says tha{ on the /? ~ day of ~~~: ', 1~ E~ , deponent mailed a,~ copy of the.Notice set forth on the ~e- 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 ,,4~/p'/7'/~'-~',,~L,/~'.~. //~,.~',.2 ; that said Notices were mailed to each of said persons by (certified) (registered mail." Sworn to before me this /~'~"// Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) The ~.f.~ [nvironmental (luality Review At,requires sub- mission of is fi' and an environmental rc~w will be made by this board~mBefOre any action s taken., SNORT ENVIRONMENTAL ASS~.o. ME.h FOPJ4 (a) In order to ·newer the questions in this short EAF is is assumed that the preFarer will use currently ·v·llable infor~.-~tion eoncer~in~ the ~roJect and ]Lkely lm.~cts of the action. I% is no~ e~ec%ed %hat additional 2tudie~ roeearch or 6:her lnvestt6at~ons w~l be ~dertaken. (b) If any question has been answered Yes tho proJec~ ~y be sl~ificant and a ¢cmpleted Enviro~ental Assessment Fo~ i~ necescar/. (c) If all quos%lens have been answered No i% is l~,ly tb~: ~hl~ project nc% (d) ~vlronzentai Amsemszent 1. W~i proJec~ rss~t in a large physical to the project mite or physically alte~ %~n 10 acres of land? · . . . . . . 2. Will there be a major change to any unique or unusual land form found on the site? . 3-Will project alter or have · large effect on an existing body of water? , , , , , , &. Will project have a potentially large lmpac~ on groundwater quality? , , , , , , , , , Will proJec~ significantly 'effect drainage flow Will project ·fleet any threatened or endangered plant or animal ~pecies? . . . . . . . . 7. Will project result in · major adverse effect on 8, Will project have a m~Jor effect on visu·l char- actor of the co~unity or scenic views or vistas 9. Will project adversely impact any site or struck- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by · local agoncy? . . . 10. Will project have a major effect on exieting or 11. Will project result in major %raffle problems or 12. Will project regularly cause objectionable odorc. noise, glare~ vibration, or electrical disturb- anco as a result of the project's operation? . Will project have any impact on pubZlc health or Will project Affect the existing community by directly causin~ a ~rowth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on t~e charac%~ of the community ~r neighborhood?.. 15. I~ there public contrJversy~ncern~n~ the project? P~SP~E~'3 SICNATL~: ~ %, ~ TITLE~ ~'PH£SENTINC: DATE: Yes , No Yes %/ No Yes ~ No Yes v No .,, Yes ~ No Yes ' No Yes ~ No Yes---- No _ Yes ' No Yes No Yes ~/~ No Yes / No Yes V/ No .... Yes ~ No ~Toda tel To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~o'~ Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) n/~ [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* ~/~ [ ] May b~ 'located within 300 feet of tidal wetlands; ho%.;ever, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] not appear to May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, (~natur~/~lease) NOTE: If proposed project falls witqkin D.E.C. jurisdiction, approval must be received an~ submitted to our office before your application can be scheduled for a public hearing.