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HomeMy WebLinkAbout3335850 Ruch Lane, Southold #3335 T~h. omas- Hi ggi. ns Permi. s,s-io~ to construct acces, s.o. ry.ga~age in Southold Town Board of Appeals 1',4AIN ROAD- STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. ~ ,.' ~i;:LEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3335 Application Dated February 25, ]985 TO: Mr. Thomas Higgins P.O. Box 822 Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on A~ri] ]], ]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 IX] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for Application of THOMAS HIGGINS, Ruch Lane, Southold, NY for a Variance to the Zoning Ordinance, ~II, Section 100-32 for permission to construct accessory garage in frontyard area, at 850 Ruch Lane, Southold, NY; County Tax Map Parcel No. 1000-52-02-30. WHEREAS, a public hearing was held and concluded on April ll, 1985, concerning the Matter of THOMAS HIGGINS under Appeal No. 3335; and WHEREAS, the board has considered all testimony and documentation entered into the record during the public hearing; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, there has been no opposition received concerning this proposed accessory garage in frontyard area as applied; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in an "A" Residential and Agricultural Zoning District, is situated along the south side of the private road known as "Ruch Lane" at Arshamomaque, and is more par[i- cularly identified on the Suffolk County Tax Maps as District 1000, Section 52, Block 02, Lot 30. 2. The subject premises contains as a whole 11,475± sq. ft. in area and is improved with a one-family bungalow-residence which is shown to be set back 32' from the front property line along Ruch Lane and set back 7.9~ from the easterly side line and 10.7' from the westerly side line. 3. By this application, appellant requests a variance from the requirements of Article III, Section 100-32 for permission to locate a 12~ by 20' accessory garage structure in the frontyard area to be set back three feet from the westerly side line and in line with the neighbor's established setback line, not less than six feet from the (CONTINUED ON PAGE TWO) DATED: May 6, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3335 Matter of THOMAS HIGGINS Decision Rendered April ll, 1 985 front property line along Ruch Lane. 4. Article III, Section 100-32 of the Zoning Code requires accessory buildings to be located only in the rearyard area. 5. It is the opinion of the board that due to the restricted access along both sides of the existing bungalow-dwelling, it would not seem practical to locate the garage in the rearyard area and location of same would be less than 75' to the wetlands areas. In considering this application, the board determines that the variance be approved since: (a) the substandard frontyard setback has been existing within the immediate vicinity and therefore the character of the neighborhood would not be changed or adversely affected; (b) access by emergency vehicles into the rearyard area is limited; (c) the circumstances of this appeal are unique since the dwelling-bungalow has been in existence since the enactment of zoning; (d) in view of the manner in which the difficulty arose, the interests of justice would best be served by granting the~variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Higgins, it was RESOLVED, that the relief requested under Appeal No. 3335 in the Matter of THOMAS HIGGINS for permission to locate 12' by 20' accessory garage in the frontyard area six feet from the front property line and three feet from the westerly side property line, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: ] 1. The garage not be attached to sory to the main structure); the house (must remain acces- 2. Never to be used as sleeping or living quarters; 3. Shall not be located closer than three feet to the west side line; 4. Shall not be located closer than six feet to the front property line, or the established neighbor's setback to the west, whichever is greater. 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. GOEHRINGER, RMAN May 6, 1985 ZONIEG BO^ED OF TOWN HALL MA[i~ ROAD - S.R. 25 $OUTHOLD, 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, APRIL 11~ 1985, and as follows: 7:30 p.m. EMILIA T. PIKE, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area of proposed Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-26. 7:35 p.m. COLGATE DESIGN CORP., by W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section lO0~l for permission to construct accessory building within the westerly sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-24. 7:40 p.m. BAYVIEW DEVELOPMENT COR~/SAGE, by J. Forchelli, Esq., 120 Mineola Blvd, Mineola, NY 11501 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule and Article XIII, Section 100-136A for approval of insufficient area of each lot in this proposed 19-lot cluster development or subdivision and insufficient setbacks. Location of Property: 67380 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-053-05-001,001.3, 12.3; known and referred to as "Breezy Shores." 7:55 p.m. JOSEPH LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(B)[6] for permission to construct building for private membership with an ~lnsufficient setback from the easterly property line. Location of Property: N/s Main Road and E/s Depot Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-102-02-12.1. 8:00 p.m. JOSEPH LIZEWSKI - Special Exception hearing to reconvene concerning establishment of racquetball/private member- ship club. :, /8:05 p.m. TOMAS HIGGIN~S, Ruch Lane, Southold, NY for a ~ariance to the Zoning Ordinance, Article III, Section 100-32 ~f~r permission to construct accessory garage in frontyard area, at 850 Ruch Lane, Southold, NY; County Tax Map Parcel No. ~ 1000-52-02-30. Page 2 Legal Notice of Hearings April ll, 1985 Regular Meeting Southold Town Board of Appeals 8:10 p.m. HAROLD CARR, Box 1416, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition with an insufficient rearyard setback, at 2045 Marratooka Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-02-003. 8:20 p.m. DOMINICK VARANO, by R. Lark, Esq., Box 973, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area of proposed Lot 3, at premises 6750 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-07-004. 8:30 p.m. WILLIAM AND HELEN COSTER, by R. Lark, Esq., Box Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[13] for permission to establish and build one-story building as a ~uneral home business, at premises of Dalchet Corp., S/s Main Road and W/s Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. lO00-97-6-part of 15; containing 2+ acres in area. 973, The Board of Appeals will at said time and place hear all persons interested in the above matters. Written comments may also be submitted prior to or during the hearing in question. Dated: March 28, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to Newspapers: Please publish once, to wit: THURSDAY, APRIL 4, 1985 and forward nine affidavits of publication by April 9th to: Board of Appeals, Main Road, Southold, NY 11971. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL RV 1/80 ....... ~:..: .. ;.~ .'?..t... PLEASE TAKE NOTICE that your application dated . ~ .~...~..~. ......... , 19. ~.~.. ~cation of Property .~: .... ~: ~" ~" ~ .... ~ ~'t~'~''' ~ ~" '~[*~ County T~ Map No. 1000 Section . .~ ~ ...... Block ..... ~ ....... ~t ...~ ........ Subdivision ................. F~ed Map No ................. ~t No .................. is returned herewith and disapproved on the follow~g grounds. ~~..~ ~ .... ~. :. ~ ~ ....... ~.~..~~.,..~..~ ~ ~..~.~ Bu~ld~n~ Inspector 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ,~OUTHOLD, 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 cod~housjlag code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspection/g// J ~ j ..... . .... .... (S~gnatcfe of applicant, or name, if a corporation~J .. ~/~:..~./., .D...,~m~-~,.~., ..~':w... ........ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ... }. ......... . .d':~.~..~.,. ~ ~~.~ ......................................... Name of owner of premises.....~'~'~.~. ~ .... /.~.!,~/.A]..~. ............................................. (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 ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. House Number Street Hamlet County Tax Map No. 1000 Section .................. Block .................. Lot ................... 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 ...... t~.~-~ .... . '~ .?. ~ ./~. t .L-.¢ .... /~../~...4~.~ ......................... b. Intended use and occupancy ......... .~..~....~r-'JT',~/C t~..t .... ~...~..~.. .................... 3. Nature of work (check which applicable): New Building .. ~..'..... Addition .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... .~. ~0~ .e~:* (Description) 4. Estimated Cost ....................... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ......... /. ....~-.4.t'K.. .................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front..~,,, ......... Rear .../~.,-, ...... Depth Height ..Ji~...'7. .... Number of Stories .~77. ' ....... Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front .... /. 2_.. ....... Rear .. A .~.x ........ Depth ~.~.C).. ......... Height .../. 2-, .~...-7... Number of Stories ... l .................................................... 9. Size of lot: Front ...,2~'~O............ ! ..... Rear -.~Z).- ~..7. ........ Depth ../.~',~,~,..~,.' ...... 10. Date of Purchase ............................. Name of Former Owner ............................. 11. Zone or use district in which p?emises are situated .................... 12. Does proposed construction violate a~ny zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ..... ~ ....... ~ .............. Will excess fill be removed from premises: Yes No 14. Name of Owner of premises . ~ t5)~1. . ~4~al.~t~.~, .... Address .~o~ L4-...%*,.~ .-rl~:~e No. 7.~. ~.. ?. ~.~_~::~ Name of Architect . ~ ............ ~ ......... Address ....... Phone No. Name of Contractor ~:~Ef-W-~??4~..(~a. 4J.~ .'-~... Address ~.' i~'.'6,.' .~i i ....... Phone No.~.'~i'~-~."/. ~tq..'' PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW YORK, S.S COU~ OF ................. ...~. I.. ......................................... being (Name of individual signing contract) above named. duly sworn, deposes and says that he is the applicant 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 this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the 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 applicant) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~3~'~' .... TO THE ZONING BOARD ~)F APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) '~...~...~....C~..........~. )...~...~../...~.. ,~ ................. of ......... .~.'.%~-'~'~'...~4~ ...... /.~0~ ~ .~_~.. ....................... Name of Appellant Street and Number ........... '""""""""'~"'~':;~t--,~r~ ................................................ ~...~... ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: 157 WHEREBY THE BUILDING INSPECTOR DENIED TO ......... ............ Name of Applicant for permit ............ ....... ........ .......... ............ Street and Number Municipality State of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~' PERMIT TO BUILD l. LOCATION OF THE PROPERTY .~'.'.'.'3...(-~....cr-.'.~,: ~.~.. ~,, .......... '~:D, ..¢'T'/4¢,7¢¢~. .................... Street and Hamlet Zone .~.c. CL~.:..~..'~..:...~..:....~..~ ..................................... O~r~E~ (s): ~;bg~..~. ~..Og.qql.I.o. . .~.Lc-A ? /v~op No, Lot No. DATE PURCHASED: ........... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and_ P~a,ragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article~, Section / © C ' ~ ~ 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. Such GppeoI was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 CI IARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this ....c~..~.~..,.,l~... .......................... day of..~~ ....................... 19 ~o~'- Ho. 4~2~e3, Term Expiref, Me~'~h EEVISIONS JULY 18d972 NOTE: · "MONUMENT YOUNG & YOUNG 400 OSTRAND£R AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W. 'YOUNG AT ARSHAMOMAQUE TOW~ OF SOUTHOLD . SUFFOLK CO., NY. SCALE; I1',- 30t DATE: ,JULY SURVEY~ FOR: THOMAS F HIGGINS & CAROLYN B?I'~INS ~; ;,~ GI~,U A I~A NTEED ~'¢~: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5DUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHAR LES GRIGON IS, JR. $ · E · Q · R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance March 28, 1985 APPEAL NO.: ~ PROJECT NAME: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of 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 the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simil&r project. TYPE OF ACTION: [~] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Fermission to construct acessory garage yard area LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 850 Ruch kane Southold NY ~000-52-02-30 in front- REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. Southold Town Board of Appeal MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE t5t6) 765-180(- 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: XX× Variance from the Zoning Code, Article III, Section 100-32 ~ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section -- Special Permit Appeal No.: 3335 Applicant: Thomas Higgins Location of Affected Land: 850 Ruch Lane, S0uth0]d, NY County Tax Map Item No.: 1000-52-02-30 Within 500 feet of: __ Town or Village Boundary Line ~ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed 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. nditiona] COMMENTS: Applicant is ~~ permission to construct access0r~ garage in fr0ntyard area. Copies of Town file and related documents enclosed herewith for your review. Dated: ~/~/~ ~ ~ Secretary, Board of Appeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 6, 1985 Mr. Thomas Higgins P.O. Box 822 Southold, NY 11971 Re: Appeal No. 3335 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 Re 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 Suffolk County'Planning GERARD P. GOEHRINGER CHAIRMAN By~Linda F. Kowalski Secretary Commission NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, ~ following public h~rings will be held by ~the Southold Town Board of Ap- pealsattheSoutholdTownHall, backs. LOCation of Proper~y: Main Road Southold, NY at a 673~ Main ~ad, C ~1~ ting, commencing ~; County T~ Map ~ ~1 No. at 7:30 p._.. on THURSDAY, 1~-053~5-~1,~1.3, 12.3; APRIL 11, 1~, and as foll~ws: known and ~fe~ed ~ ~ "B~ 7:30 p.m. EMI~A T. P~, Sho~." by A. Wickes, E~., ~in 7:55 p.m. JOSEPH ~ad, Ma~ituck, ~ for a V~- LIZEWS~, ~205 Ma~ ~d, an~ ~ the ~ng O~n~, Cu~h~e, ~ for a V~ A~icle IH, ~on 1~1, B~ the ~g ~nan~, ~icle ~h~ule for approval o~ i~- ~, ~on 1~-3~B)[6] for ~r- ~ent ~ of pm~ P~ 1 mi~ion m ~ct b~l~ for and 2 ~d i~cient lot ~d~ p~va~ mem~p wi~ ~ in- of~l 1 l~a~ at ~e No~ z~ent ~ ~m Side of Mai~ ~ad, ~tuck, ~rly pm~ line. ~on of ~; ~ty T~ Map P~I No. ~: N/s ~ ~d ~d 1~-1~-03-~. ~ ~e, Cu~, 7:35 p.m. CO~A~ DE- ~un~ ~ Map Pa~l SIGN CO~ by W. E~, 1~102~12.1. E~., 108 E~ Main ~t, 8~ p.m. J~PH ~d, ~ for a V~ ~ Llz~:wS~. S~i~ Ex,priori ' ~e ~ng O~nan~, ~de being ~ ~nvene ~n~mi~ ~, ~ion 1~7~ for ~ ~bl~tofm~ue~ P ~e, NY; ~tY T~ MO ~ ~, ~ ~1~32 ~ ~ No. 1~102~. ~ f~~a~ Blv~ Min~la, NY 11501 ~ a ~2~0. V~ m ~e ~ ~- 8:10 p~. ~OLD C~ ~. ~cle ~, ~fion 1~ ~ 1416, MaCtut, 31, B~k ~e ~d ~cle V~ ~ ~ ~, ~on l~-136A~or a~ ~,~cle~,~onl~l pmv~ of ~cient ~ ~d for ~i~n W ~d~ of ea~ lot in ~is ~ nd&fion~ ~ ~c~nt 19-I~ d~r devel~i ~ ~ ~, at County Tax Map Parcel No. 1000-123-02-003.. 8:20 p.m. DOMINICK VAR- ANO, by R. Lark, Esq., Box 973, Cutchogue, NY for a Variance to th~ Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule for approval of i~suffi. dent area of proposed Lot 3, at premises 6750 I~dian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-07-004. 8:30 p.m. WILLIAM AND HELEN COSTER, by R. Lark. E~., BOx 973, Cutchogue, NY for a Spe/fi~] Exception to the Zoning Ordinance, Article IH, Section 100-30(B)[13] for permission to ~eztabli~l: and build one-story building as a funeral home bus~- ~ne~, at premises of Dalchet Corp., ~/s Ma~ Road and Wis Harbor Lane, Cutchogue, NY; Country Tax Map Parcel No. 1000-97-6-part of 15; containing 2+ acre~ in area. The Board of Appeal~ will at said tiros'aha place hear all per- sons interested in the above mat- ter~. Written comments may also be submitted prior to or during the bo~-dng in question. ' Dat~l: March 28, 1985. BY ORDER OF BOARD OF APPEAI~ GERARD ~ GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt, 1802) 1TA4-4856 .. SI'ATE OF NEW YORK COUNTY OF SUFFOLK AT~.A T,~AS of Groonport, 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 end State of Now York, end that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 4 dayof Aur±~ 19 85 Principal Clerk Sworn to before me this. 4 · _ ANN M. ABATE  Aprl 1 19NO~Y PUBLIC, State of Ne v ¥orl, ~ ~ /~ ~ St, ffolk County No 472183 ~}. ~ ~ermExp~resM~rc,,..O. 19~ Copies of legal Notice to the following on or about 4/2/85: Abigail Wickham, Esq., attorney for E. Pike W. Esseks,~Esq., attorney for Colgate Design Corp. J. Forchelli, Esq., attorney for Bayview Development H. Raynor, Jr. Dr. Mr. Mr. R. Joseph Lizewski Tomas Higgins Harold Carr Lark, Esq., attorney for D. Varano and W. Coster applications Suffolk Times (personal delivery) L.I. Traveler (personal delivery) Zoning Office Bulletin Board Town Clerk Bulletin Board Supervisor Victor Lessard ZBA members ZBA individual files JUDITH T. TERRY TOWN CLERK RI'GISIRAR Ol VITAL S1 411S11('S OFFICE OF Tile TOWN CLERK TOWN OF SOUTItOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 25, 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal NO. 3335 application of Tomas Higgins by Mark Boeckman for a variance. 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; application to the Building Department; survey; and plans. Judith T. Terry ~/ Southold Town Clerk APPEALS BOARO MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure REVISIONS JULY 18,1972 · -' MONUMENT YOUNG & YOUNG 400 OSTRANOER AVENUE, EIVERHEAID, NEW YORK ALDEN W. YOUNG HOWARD W. YOUNG SURVEY-. FOR: THOMAS FT HIGGINS I~ CAROLYN B.):,IiGGJNS · ~UA~ANTEED AT ARSHAMOMAQUE Tide TlkTLE (~L~ARAN':PEE C(~ ~' s~u,TH,0t.p SAVINGg BANK -,-OWN O~ SOUTHOLD , ~,~:;~" S~FFOLK 120,, Iq.Y. _¥ ,= 30~ JULY 17, 1972 Ho. 72 - 51 ZONING BOARD OF APPEALS Town Hnll Main Road - S.R. 25 Southold, N.Y. 11971 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 Soathold 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, APRIL 11~ 1985~ and ns follows: 7:30 p.m. EMIl. lA T PIKE, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31, Bulk Schedule for approval of insufficient area of pre. posed Parcels 1 and 2 and insufficient lot width of Parcel 1, located at the North Side of Main Road, Mnttituck, NY; County Tax Map Parcel No. 1000-140-03-26. 7:35 p.m. COLGATE DE- SIGN CORP, by W. Esseks, Esq., 108 East Main Street, Riverhoad, NY for a Variance to the Zoning Ordinance, Article Vll, Section 100-71 for permission to construct acces- sory building within the west- eriy sideyard area. Location of Property: 7-11 Store, North Side of Main Road, Cut- chogue, NY; County Tax Map Parcel No. 1000-102-05-24. 7:40 p~m. ~ VELOPMENT CORP./SAGE, by J. Forchelli, Esq., 120 Mineola Blvd., MineoJa, NY 11501 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule and Article XBI, Section 100- 136A for approval of insuffi- cient area and width of each lot in this proposed 19-1ot cluster development or subdivision and insufficient setbacks. Lo- cation of Property: 67380 Main Road, Greenport, NY; County Tax Map Parcel No. 1000- 053-05.001,001.3, 12.3; known and referred to as "Breezy Shores." 7:55 p.m. JOSEPH LIZEW- .SKI, 29205 Main Road, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article IH, Section 100.30(B)[6] for permission to construct build- lng for private membership with an insufficient setback from the easterly property line. Location of Property: N/S Main Road and E/S Depot Lane, Cutchogue, NY; County Tax Map Parcel No. 1000- 102-02-12.1. 8:00 p.m. JOSEPH LIZEW- SKI~ Special Exception hear- ing to reconvene concerning establishment of racquetball/ p~vate membership club. //8:05 p.m. THOMAS HIG-~ OINSk Ruch ~ut~T~,/ NY for a Variance to the( Zoning Ordinance, Article III,~ Section 100-32 for permission[ to construct accessory garage/ in frontyard area, at 850 Ruch/ Lane, Southold, NY; County ~ Tax Map Parcel No. 1000-52-_) 8:10 p.m. HAROLD CARR" Box 1416, Matfituck, NY for a Variance to the Zoning Ordin- ance, Article Ill, Sectionl00-31 for permission to construct. dec~k a~ddition with an insuffi__-_ 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 .......... ,, ........... .... Sworn to before me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4~0~4G Qualified ir~ Suffolk County Commission Expires March 30, 19 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF ,~PPEALS, TOWN OF SOUTHOLD, N. Y. /I ,, (We).~.,:~.z~.~...~.~.~.~.,,~.~: ........... o, ........ ~.~...~ .............................. Nome of Appell~n~ Street ond Number ,~/ ............... ~..~.~ ............................................. ~-~.. ............ ~ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTORiDENIED TO Nome of Applicant for permit o, ......... ............... .............. ....... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (L,'~)' PERMIT TO BUILD [ ~-- 1. LOCATION OF THE PROPERTY .,....~,.......~-..~,k..4,~K~.~., ......... ~...~.,~......%.'L-~.i~...I?. ............... Street and Hamlet Zone .............................................. : .................................. OWNER(S)' Mop No. Lot No. DATE PURCHASED: ..................... 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 , Section 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. Lows 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. Such eppeal was ( ) request for a special permit ( ' ) request for a variance and wes made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to Fo~ ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 CttARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) '-¢ Signature Sworn to this .............................................. doy of .................. },,.( .................................. 19 Notary Public BOARD OF APPEALS. TOWN OF SOUTHOLD ~ the Matter o~the Petit!on of : to the Board of ADl~eals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to requestS(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the propert3~ which is the subject of the Petition is located adjacen_.~t to yourDroperty and is des- cribed as follows: 3. That the .~p~erty which is the subject of such Petition is located in the following zoning district:~ 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applkable to the relief sought by the under- signed are Article Section [ ] Section ~80-A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may 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 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: .~-/Z-'~ /~ Petitioner Owners'Names:- /~:~-~ Post Office Ad%es~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ..... , ,__. , being duly sworn, deposes and says that on the ~ day of t~'e~ r~rt.[ ,19 '~'S , 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 ~e.,x-'lr~ o ~C~ , ; that said Notices were mailed to each of said persons by ~registered) mail~, r Sworn to before me this ~-~ day of ~)C~r~ ,19 7%~' N~tary Public/ Term rr~pi~ Mai'oh ~0, 1~.-~-~' (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..~.~.L... ~:.~.:.. !?.~..? J.... PLEASE TAKE NOTICE that your application dated . (D .~...~..~. ......... , 19. ~.q.. for permit to ~..c~..~..e.~ .~...o. dJq%...~.tn./~.~.d-<b¢~..~..(~...~. .... at Location of Property ~/[~'~'~o~ .... ~.: o.., ~.~ County Tax Map No. 1000 Section . .~ ~ ...... Block .... .~ ....... ~t ...~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned he,with and disapproved on the follow~g grounds. ~~..~ ~ .... ....... Building Inspector RV 1/80 The ~;.Y.S. Env ~nmental Quality Rt:vi~:w Act~c~', 'Jtres~' sub- 'mission of Lhis and an environmen/al 'ew will be made by this b before any action 'is S~ORT,, r-NVIRON~ENTkL ASSESSMENT (·} In ordgr to answer the 9uestions in this shor~ EAF is ia assume4 %hat %ha preparer will use currently ·vailable information conoernlng the pruJect and the likely impacts of the action. It ia no= e~pected that additional s:u~les~ rssearsh or ocher investigations wLll be undert·ken. (b) If any question h·s been answered Yes the prelect may bs aig~iflc·nt ·nd · completed ~nvlro~ental Assessment Form is neces~ar/. (c) If all questions have been answered ~o i~ is likely that this project is nc~ significant. (d) Enviror.uental Assessment 1. Will project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? · · · · · , · , , Will there be a m~Jor change ~o any unique or unusual land form found on the site? . . me 6. 7. 8, 5 10. 11. 12. / Yea ,/,, Yes No 15. PREPARER' $ R EPR ESE.~IT I::O: Will project alter or have a large effect on an existing body of water? · . · · · · Will project have a potentially large impac~ on groundwater quall~y? · , · · · · · · · Will proJec: significantly effect drainage flow on adjacent sites? · · · · · · · · · Will project affect any ~hreatened or endangered plant or animml species? . . . . · · . Will project result in a major adverse effect on W~ll project have a major effect on visual cha~- ac~er of the communi~y or scenic views or vistas known =o ~e important ~o the community? . . . Yes .. No Will project adversely impact any site or struck- ute of historic, pre-historic, or paleontological importance or any si~e designa~ed as · critical . environmental area by a local agency? . . . Yes ---- No Will project have a major effec~ on existing or Will project result in major tra£fic problems or cause a major effect to existing transportation systems? · . · . . o . . . . . . Yes '~ No Will project regularly cause objectiOn·bls odors, noise, glare, vibra~ion, or electrical disturb- ance a~ a result of the proJect'~ operation? . Yes ~ No Will project have any impact on public health or Will project Affect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one--year period or have a major negative effect on the cha~acte-'~ of the community or ~eAgh~orhoo~?.. Yes ?f No Is there p~bllc~ cOntr~ve~7 concerning the project? .... Yes No Yes / No Yes "- No QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony ~3rook, NY 11794, (tel. 516-751--7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. I ] I. [ ] 2. i ] 3. I ] 4. / [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront Please be aware that any and all subdivisions and new dwellings will also require an application to the N,Y,S. Department of Environmental Conservation for their review and approval, If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion, This questionnaire is made to explain the requirements of this 5tare Law and to prevent any unnecessary delays in processing your application(s),