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Home My WebLink About3333 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3333 Application Dated February 8, ]985 TO- ~ M~ ~D.d-Mrs,.~Qon~ld~.K&pp .~,3l~,~6~qh Wm. ter Street Greenwi.ch, CT 06830 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on March 28, ]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 100-3l, and Bulk Schedule Request for Application of HELYNN D. KAPP, 238 South Water Street, Green- wich, CT 06830, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct new one-family dwelling with insufficient sideyard setbacks and in excess of the maximum-permitted 20% lot coverage requirement, at premises known as 1305 Third Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 07, Lot II. WHEREAS, a public hearing was held and concluded on March 28, 1985, in the Matter of Appeal No. 3333 for HELYNN D. KAPP; and WHEREAS, the board has considered all testimony and documentation entered into the record during the public hearing and since the filing of this application; and familiar and WHEREAS, the board members have personally viewed and are with the premises in question, as well as its surrounding area; WHEREAS, the board made the following findings of fact: 1. The property in question is zoned "A" Residential and Agricultural and is situated at the West Side of Third Street, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 07, Lot 11; with 52.5O' vacant; 2. The subject premises contains an area of 5,317 sq. ft. frontage along Third Street and at the present time is 3. Prior to 1968, a one-family dwelling existed on this parcel, and the applicant is desirous of replacing the dwelling together with three-foot wide extensions at each side which will leave sideyard setbacks of seven feet from the northerly side and 12.5 feet from the southerly side, and total sideyards 19.5 DATED: April 9, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3333 Matter of HELYNN D. KAPP Decision Rendered March 28, 1985 feet. 4. The foundation is planned at a width of 27 feet by 36 feet deep, and this is planned a,one-story structure. 5. For the record it is noted that the dwelling will be .i~ conformity w, ith, ~he neighboring parcels which have a 16 foot frontyard setback, and approval has been received under No. 14-SO-121 from the Suffolk County Department of Health Ser- vices. 6. Article III, Section lO0-31, Bulk Schedule requires minimum sideyards in this "A" Residential and Agricultural Zoning District at 10 and 15, with a total of 25. In considering this application, the board determines that relief be granted for 10 and 12.5 sideyards since: (a) the three-foot extensions on each side can be reduced allowing proper accessibility for emergency vehicles in the event of an emergency; (b) the relief as granted is not substantial in relation to the zoning re§uirements; (c) the circumstances of the appeal are unique; (d) practical difficulties have been shown; (e) no substantial detriment will be caused to adjoin- ing properties or to the character of this area; (f) in view of the manner in which the difficulty arose, justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to grant relief from Article III, Section 100-31, Bulk Schedule of the Zoning Code for the construction of a new one-family dwelling applied for under Appeal No. 3333, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no less than 10' and 12.5 sideyards; 2. There be no further sideyard reductions; 3. Any further construction or lot-coverage variances also pursuant to the Article III, Section 100-31. additions will require Bulk Schedule and Location of Property: 1305 Third Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-11. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk RECEIVED AND FILED BY T~-~E SOUTHOLD TOWN CI.F.p,K 6' Town Clerk, Town of Southold GERARD P. GOEHR~NGER, C~RMAN April 9, 1985 ZON!NG EOAR9 OF APPEALS TOWN HALL MA}N h,.,AD - S.R. 25 SOUTHOLD, N.Y. 11971 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 7:15 p.m. on THURSDAY, MARCH 28, 1985, and as follows: 7:15 p.m. FLEET'S NECK PROPERTY OWNERS ASSOCIATION INC. and WILLIAM NICOL, Cutchogue, NY for a Variance appealing New York Town Law, including Section 280-a to cancel, revoke and nullify the building permit issued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutchogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28 (now of Gustave J. Wade). 7:25 p.m. GUSTAVEJ. WADE by Cron and Cron, Esqs., Main Road, Cutchogue, NY for a Variance to Article XIV, Section 100-142 as utilized for an alleged violation of Section 267 of New York Town Law, for reinstatement of Building Permit #13244Z issued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutchogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28. 7:35 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, WY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish and use industrial building as a machine shop in this "C-Light Industrial" Zoning District, parcel identified as County Tax Map District 1000, Section 141, Block 03, Lot 35; 555 Westphalia Avenue, Mattituck, NY. 7:40 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule for permission to construct machine shop building with insufficient side and rear yard setbacks at~555 Westphalia Avenue, Mattituck, NY; County Tax Map District 1000, Section 141, Block 03, Lot 35. f 7:50 p.m. HELYNN D. KAPP, 238 S. Water Street, Greenwich, CT 06830, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct new one-family dwelling with insufficient sideyard setbacks and in excess of the maximum permitted 20% lot coverage requirement, at premises known as 1305 Third Street, New Suffolk, NY; County Tax Map District 1000, ..... //?-~-?~ //, ,¥.:H ~OUI'HOLD, Section 1~7, Block 07, Lot ll. 7:55 p.m. LYNN SCIORA by G. Strang, Box 1412, Southold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to reinstate business as a delicatessen to include on-site eating and drinking services in this "C-Light Industrial" Zoning District known as 67680 Main Road (a/k/a 180 Kerwin Boulevard), Greenport, NY; County Tax Map District lO00, Section 53, Block 02, Lot 21. 8:00 p.m. SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to establish two-family dwelling use on a parcel of land containing less than four acres in area and less than 175 feet of lot width known as 3930 Horton Lane, Southold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. 8:10 p.m. SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish two-family dwelling use on a parcel of land of insufficient area and lot width known as 3930 Horton Lane, Southold, -NY; County Tax Map District lO00, Section Block 7, Lot 23.7. 54, 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 subject hearing. Dated: March 7, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to newspapers: Please publish once, to wit: THURSDAYs MARCH 21, 1985 and forward eight affidavits of publication to: ~oard of Appeals, Main Road, Southold, NY 11971, by March 26th. Thank yQu. Copies 3/19/85 to: Richard J. Cron, Esq. as attorney for G. Mr. Gustave Wade Mr. William Nicol, Fleets Neck Property Anthony Nowachek, Esq. Wade Owners Association Briden Machine Corp. Mrs. Helynn D. Kapp Garrett_Strang for L. Saul Millman Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin ZBA Bulletin Board · Supervisor and Town Building Inspector Sciora Personally Board d Members delivered 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 . ~.~.~. Ad, t-d/2/~'~ / ~ ,19 ~ for pe~lt to ~&~. · · ~.. ~( ~.. ~.~ ......... at ~cationof~operty ,..~O~ ff/~ ~. ...... ~ ~~--~,~ nou~ No. Strut ........... h~miei ' County Tax Map No. 1000 Section .. Z~ ...... Block ...~ ~ ....... Lot .~(~ ........ S bdivisio Filed M p No Lot N - u n ................. a ................. o .................. is returned herewith and disapproved on the following grounds ]..~../E~....~..~;7~... do..c_~..~"...t~... · ac... ,~c~.: .c.r.,,~.:,4. ~ .... ~/_-_7~. ~. ~ .,¢~..~...~:~... 9'~,ce~.. ~.,~ · dk~>.../--/~,~-... (.~:..7-/-,~_,o...-:.. 5/.0..7,4~... ,~,'m~... ~...~. ....... · ~.~../.~ .r~. ~. ~.. i ......................................... ...... ,,¢Aw... ~.... ~.,,~.~c~... ~..~..<..~..~..~... Rv 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 E!.DG DEPT IOV. N OF f F;UTHOLD :~xamined ................ , 19... kpproved ................ ,19... Permit No ............ )isapproved 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 ets 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 :r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ation. 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 hall 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 hall 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 luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or regulations, for the construction of buildhags, additions or alterations, or for removal or demolition, as herein described. 7he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to ~dmit authorized inspectors on premises and in building for necessary~in,spections. , ~ ~ ... ~.~.~-x~ .*~.~.~lo~. .... (Signature of appIican,~or nam~e~if a corporat' ) (Mailing address of applicant) State whether applicaat is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. (/i~ ~o'~ .... . ............... .: .... Nmne of owner of premises ...... .~'% .~.~.~>. k'~X'.~.~ .h~..~ (~'~ 'k-~"'"'~ "" .............. ?:....':,.~. :,q,~. ................................ (as on the tax roll or lfitest deed) If ap~t is a.~;~J~ signature of duly authorized officer. . :.~!-.~ ~-._~.-~.~~. ............. (Name and title of corporate oWficer) Builder's License No....-'~...' ...... ~ ....... //'~ ~ Ptmnber's License No.....-~.. ~..~..~.~....'.~-7~-/'~- //gC'~O/(~/~ Electrician's License No..'..-~....3.~...~.~,~.. ~.d)~ 9~ /C¢',,,~ ~0 Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. · .~. 7¢.9..(.... ......... ~.(.~.~¢;.~... W~.~.~..,... ~.%.o...~...x~..~ ................ ltouse 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 .... ~.AO.~X~ ~ ............................. he"' ": "':"q . ~. I.t~n,.d.se ando~o.p~n.y .... ~.~ ......................................... ~** ............ 3. Nature of work (check which apphl~le): New Building..~'. .... Additi~ .......... Alteration Repair .............. Removal .............. Demolition .............. Other Work ............... ' ,q,~_ (Description) 4. Estimated Cost .......... ,:~.~./. .../~fil~... ...................Fee ...................................... '-' (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number ef dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify natu, re _an~ extent of each type _o,f use ..................... 7. Dimensions of existing structures, if any: Front .... o9.-7.. :'..~>..'... Rear ....O..7.'.<7> ..... Depth . .'3(.0. Tgi.. Height ............... Number of Stories ........ <:~ ....~-~.. ......................................... Dimensions of same structure with alterations or additions: Front ..... c9.'7.': ~ ..... Rear ...~..-/.'.-/E>i'. ....... Depth ...... '.~..~.'.~.C,9..'.'. ...... Height ...................... Number of Stories ...... <:~42~. .......... 8. Dimensions of entire new construction: Front ..... .~..W.~q:Z.... Rear .... .O.-/.'7.c-? ..... Depth . ~,.~¢'.Z .c~.'. ...... Height ............... Number of Stories .............. O..~ .................................... 9. Sizeoflot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ........................... Will excess fill be re.m,~v, ed~from premises' Yes No 14. Name of Owner of pre.~mises .L.[~..~D ~ ..~ .k~ox. ~...' Address '~.c~q.~.f~.~ ~.9'.~.'.,~!~..--l~hone No ................ ' Name of Architect . ~ .~.c.~..~..~c~....k~. ~ .... Address . .'~C~-'~.~.¢O.cN.< ..... Phone No...~?..~ T .q.77. .... Name of Contractor .......................... Address ................... Phone No ................ 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 COUNTY OF ................. ..... ~ .~..r~.?_~ .~¥..~~ ................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ...................................... .~.c.~ .~.. .......................................... (Contractor, agent, corporate officer, etc.) of said owner or owne~, and is duly authorized to perform or have perfo~ed the said work and to m~e ~d file this application; that all statements contained M this application am true to the best of his ~owledge and be~ef; ~d that the work will be perfomed in the m~ner set forth in the application filed therewith. Sworn to before me this ........................ ~Y~ .... :~ ......... ~t ...... 19 ... Nota~ Pubtic,~:q( .4.. ~ ~A?:~ ~ ............ Coun~ ~q'~ ' ,or*,~ P~L,C, S ..... : ..... :~... ............ ~X_~ .......... o RECEIVED TOWN OF SOUTHOLD, NEW YORK !FEB 0 8.1985 APPEAL FROM DECISION OF BUILDING INSPECTOR TO 7HE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. APPEAL NO. ~_~-~-~ DATE ... ~;...7.~...L?...~. ........ Nome of Apperlo,n~' Street ond Number ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD Of APPEALS FROM TH'E DECISION Of THE BUILDING INSPECTOR ON APPLICATION DATED: ~/2~/~5 FOR: ~zm2~ ~ ~u~J~. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit of .. t 3e.$ . Ib. . J . . . . .s , ..... . ya ,. . . z z .............................. Street and Number Municipality state PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD ]. LOCATION OF THE PROPERTY ..I.305.7t, J.~.3,Z,..~..S,~.~../L.Y. Street and ~I~t ' Zone Mop No. Lot No. DAT 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.) kticle ] , ~ction 1~-]1 ~ 3. TYPE OF APPEAL Appeal is made herewith for ( A VAR~A~C[ to lbo Zonin~ Ordinonce or Zonin~ Mop ( )A VA~IA~C[ due to lock o{ occess (Store of ~ew York Town kow Chap. 62 Cons. 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 appeal 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 b~]~O~ ~tlOn-o..O/~.Oz~l~j.O.¢.. 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~ ~ ~ ~1~ ~ ~ ~ ~ ~ ~i~ ~ ~ 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 )).ss )[..j~ ~ ~'.-~.~. CbU'NTY OF 6LJJ~J~J'~ ) ' ' ' - -~- ~J '~ignatu~';' u ! .... Sworn to this ............. ~....~... ........................ day of ....... ~...~.....~..¢..~.F...~ ..................... 19 Notary Public · { ; TOWN OF SOUTHOLD PROPERTY RECORD CARD ./0 o n~ IL~.'- 7- /t I-~- OWNER !S ~ REEF, ~ VILLAGE ! DISTRICT I --.~ ............ ~--- ~, , - I SUB. I.___LOT AGE BUILDING CONDITIOh NEW NORMAL BELOW ABOVE R~. Z // ~ .... V>. FAR~ ~CO~., , LAND t IMP. i TOTAL DATE R EMARKS.2// i TYPE OF BUILDING Farm Acre Value Per Acre Value , FRONTAGE ON ROAD Tillable ~ BULKH~D Tillable 2 D~K Tillable 3 ' ............. W~lend S~mplo.d Brushlcnd ................... House Plot ~ ........ FRONTAGE ON WATER _~--[ now or ~ formerly ~_~1® ~ro. rmer l y ~]Victoria f~O~ or formerly Shibley'~ ORCHARI~) 4,&t 14.0* TEST HOLE o.o' now or forme DWELL/NE ly · .,..I,,., ,L N. eg° ~'o6"w. ~._oj.j6'_:__ now or form rly VW~LL/~/~ · Preyherr [ L'~' ~'~ STREET OW£LL/M~ LteApproved i,n aecordaace wld, Roa~] of Review .' C:.'C, LE. la~qMiLY DWELLING ONLY II.Foul COUNW DEPARTMENT OF HEALTH FOIl API~OVAL OF CONSTRUCTION ONLY N ~F CO t~ilP ~J IECTI~[~K ~7 LOT ~_ ':' · = MONUMENT ~. ~'rAK E BRAN~I[ & SONS INC, 1046 SURVEY FOR HELEN D. KAPP AT NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE MAY $0, 1984 SCALE: I" = 20' NO. 84- .512 YOUNG YOUNG AVENUE RIVERHEAD, NEW YORK ALDEN W YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N Y.S UCENSE NO. 1284SZO~"~[~G ~0~ O~ HOWARD W YO~JNG, LANO SURVEYOR TO~N HALL NYS LICENSE N0.45893 ~A[~ ~OAO ' S.R. 25 ~.Yt 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals MAIN ROAD- EITATE RDAD 25 E~I3UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 April 9, 1985 Mr. and Mrs. Donald Kapp 238 South Water Street Greenwich, CT 06830 Re: Appeal No. 3333 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 bp 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 Depar~tment GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c~OUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS M~rch 7, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .~..Q SERGE DOYEN, JR. ROBERT J. DOUG~ASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAW~CKd Notice of Determination of Non-Significance APPEAL NO.: 3333 PROJECT NAME: HELYNN A. KAPP 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 similar project. TYPE OF ACTION: ~X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: To construct ne,A7 d~elling with insufficient sidey~rd ~etb~ck~ a lot coverage. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1305 Third Street, New Suffolk, NY County T~× M~D ~1000-117-07-11. 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 c~ue~tion is not located within 300 feet of tidal wetlands or other critical environmental ~re~. (3) Construction ~roposed is l~ndwmrd of e~isting 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. JUDITtl T TERRY [OWN CLI;RK OFFICE OFTHE TOWN CLERK TOWN OF SOUTHOLD February 8, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3333 application Of Helynn A. Kapp for a variance. Also included is Notice to Adjacent Property Owners; application for building permit; Notice of Disapproval from the Building Department; Short Environmental Assessment Form; letter relative to N.Y.S..Tidal Wetlands Land-Use; survey; and pi ans. ~~j~~ Judith T. Terry Southold Town Clerk ORCHARD STREET TEST HOLE ----- ,4.o now ~W~L . or formerly -omnett I [l':U[[ faMILY DWELLING ONLY I SU~Y F~ I I I ~ COUNW O~AM~NT ~ H~H ~CES I HELEN D. KAPP I ~ ~OV~ OF CONSTRUCTION ONLY I AT NEW SUFFOLK DATE: MAY . I ~WN ~ SOUTHOLD SCALE: II' · EO' I RK FlOW or FlOW Or formerly Shibley or TEST HOLE :,:.:. LOAI S, 89° 2 Are~ = 5,3t7 ORCHI RD now or forme Homnetf N.,39° 15 '06"W, now or formtrly Preyherr L IO1.26' DWELL ' EL · IO,0 5 SINGLE FAMILY DWELLING ONLy JUF~OLK COUNTY DEPARTMENT OF HF..AL~"I~ ~lTVICfi$ SURVEy FOR HELEN D. KAPP FOR APPROVAl OF C-. -',~UCT~ON ONLY AT NEW SUFFOLK TO~,¥N OF SOUTHOLD sc /' ' ( ) ~ / ) ~--r ~ - ....... ,.,.,, LEGAL IqOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town L~w and the Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Ap- peals at the Southold Town Hall, Main Road, Southold, NY at a R~gu~r M~eting.commencing at 7:15 pion THURSDAY, MARCIa. S, 1985, and as fol- 7:15 p.m.°FLEET'S NECK PROPERTY OWNERS SOCIATION INC. and WILL- 1AM NICOL, Cutchogue, NY for a Variance appealing New York Town Law, including Section 280-a to cancel, revoke and nul- lily the building permit issued for the erection of a dwelling red to as 1000 East Road, Cutch- ogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28 (now of Gustave J. Wade). 7:25 p.m. GUSTAVE J. WADE by Cron and Cron, Esqs., Main Road, Cutchogue, NY for a Variance to Article XIV, Section 100-142 as utilized for an alleged violation of Section 267 of New York Town Law, for reinstate- ment of building Permit #13244Z issued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutchogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28. 7:35 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for a Special Ex- ception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish and use industrial building as a machine shop in this "C-Light Industrial" Zoning District, parcel identified as County Tax Map District 1000, Section 141, Block 03, Lot 35; 555 Westphalia Avenue, Mattituck, NY. 7:40 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule for permission to con- struct machine shop building with insufficient side and rear yard setbacks at 555 Westphalia Avenue, Mattituck, NY; County Tax Map District 1000, Section PP, 238 S. Water Street, ] ~reenwich, CT 06830, t ance to the Zoning Article III, Section 100-31, Bulk Schedule for permission to con- struct new one-family dwelling with insufficient sideyard set- backs and in excess of the maximum permitted 20% lot coverage requirement, at prem- ises known ag New Suffolk, NY; County Tax Map District 1000, Section 117, ~lock 07, Lot 11. 7:55 p.m. LYNN G. Strang, Box 1412, Seuthold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to reinstate business as a de- licatossen to include on-site eat- i~g and drinking se,,r~ices in this C-Light Industrial Zoning Dis- trict known as 67680 Main Road (a/k/a 180 Kerwin Boulevard), Greenpert, NY; County Tax Map District 1009, Section 53, Block O2, Lot 21. 8:00 p.m. SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permis- sion to establish two-fatally dwelling use on a parcel of land containing les~ than four acres in area and less than 175 feet of lot width known as 3930 Horten Lane, Southold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. 8:10 p.m. SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B) for permission to establish two-family dwelling use on a parcel of land of insuffi- cient area and lot width known as 3930 Horten Lane, Southold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. The Board of Appeals will at said time and place hear all per- sons interested in the above mat- ters. Written comments may al~o be submitted prior to or during the subject hearing. Dated: March 7, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary (516) 765-1809 (alt. 1802) 1TM21-4838 of Greenport, in sworn, says that ha/she is **UFFOLK TIMES, a Weekly ,t Greenport, in the Town Suffolk and State of New ;e of which the annexed is en regularly published in each week forON~, romancing on the21 1985 Princip~q ~lerk 19 8 5 ANN M. ABATE WRY PUBLIC, State of New York /~uffolk Count~ Ne .4748183.~::~ (_ qer~m Exp~cs I~ ~rch 30, 19-- NOTICE NOTICE IS HEREBY G1V- EN, pursuant to Section 276 of the Town Law and the Code of the Town of Sou]hold, the following public hearings will be held by the Sou]hold Town Board of Appeals at the Southold Town Hall, Main Road, Sou]hold, NY at a Regular Meeting commencing at 7:15 p.m. on THURSDAY. MARCH 28, 1985, and as follows: 7:15 p.m. FLEET'S NECK PROPERTY OWNERS ASSO- CIATION INC. and WILLIAM NICOLt Cutchogue, NY for a Variance appealing New York Town Law, including Section 280-a to cancel, revoke and nullify the building permit issued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutchogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28 (now of Oustuve J. Wade). 7:25 p.m. ~ WADE' by Cron and Cron, Esqs., Main Road, Cutchogue, NY for a Variance to Article I/IV, Section 100-142 as utiliz- ed for an alleged violation of Section 267 of New York Town Law, for reinstatement of Building Permit #13244Z is- sued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutchogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28. 7:35 p.m. BR1DEN MA- CHINE CORP., Box 881, Mat- tituck, NY for a Special Exception to the Zoning Ordin- ance, A~ticl¢ .VIll, Soctio~ 100-80 for permission to estab- lish and use industrial building as a machine shop in this "C-Light Industrial" Zoning District, parcel identified as County Tax Map District 1000, Section 141, Block 03, Lot 35; 555 Westphalia Avenue, Mat- tituck, NY 7:40 p.m BRIDEN MA- CHINE CORP. Box 881, Mat]i- tuck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule for permission to construct machine shop build- ing with insufficient side and rear yard setbacks at 555 Westphalia Avenue, Ma,]i- tuck, NY; County Tax Map District 1000, Section 14], Block 03, Lot 35. ~KAT:50 p.m. HELYNN D.' PPv 238 S. Water Street, Greenwich. Ct 06830, for a Variance to the Zoning Ordin- ance, Article HI, Section 100- 31, Bulk Schedule for permis- sion to construct new one~ family dwelling with insuffi- cient sideyard setbacks and in excess of the maximum per- mi]ted 20% lot coverage re- quirement, at premises known as 1305 Third Street, New Suffolk, NY; County Tax Map District 1000, Section 117,~ 'Block 07, Lot 11. 7:55 p.m. LYNN SCIORA by G. Strung, Box 1412, Sou]hold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to reinstate busi- ness as a delicatessen to include on-site eating and drinking services in this "C- Light Industrial" Zoning Dis- trict known as 67680 Main Road (a/k/a 180 Kelvin Bou- levard), Greenport, NY; Coun- ty Tax Map District 1000, Section 53, Block 02, Lot 21. 8:00 p.m. SAUL MILL- .M_AN, 435 Highwood Road, Southold, NY for a Variance to the Zoning Ordinance, Article m, Sections 100-30 and 100- 31, for permission to establish two-family dwelling use on a parcel of land containing less than four acres in area and less than 175 feet of lot width known as 3930 Horton Lane, Sou]hold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. 8:10 p.m. SAUL MILL- ~ 435 Highwood Road, Sou~91d, NY for a Special Exception to the Zoning Ordin- ance, Article m, Section 100- 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 Sou]hold, 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 ~ day .... .................. ::. :,:. ::... :- Sworn to before me th s ..................... day of Notary Public BARBARA FORBES l~otary Public, State of New York No, 48068~6 Qualifit. d in Suffolk County Commission Expires March 30, 197 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN Rr'IAD- STAT[ RrlAD 25 SOUTHI~LD, L.l., N.Y. 1'1cj'71 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 RECLqVED !FEB 0 8,1985 TOWN OF SOUTHOLD, NEW YORK 'l'nw, n',~A~'~,/~ltl FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, '['.OWN OF SOUTHOLD, N. Y. APPEAL NO. ~,.._~,3_'~ DATE ..... ~2~..~?..~.~.. ...... Name of App~llont Street and Number ......... : ...................................... , ................ · .................................. ; ............... ~HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APP,LICATION DATED: ~/~/~5 FOR: ~1~ ~ ~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of'Applicant for permit of ...... ......................... Street and Number ~Aunicipality 5tate ( ) PERMIT TO USE (/ PERMIT FOR OCCUPANCY (~) PERMIT TO BUILD 1. LOCATION OF TH£ PROPERTY "~"~"Jr~- '"~"/~lL"~'4~"Z~";'~'*Stree, ~d ~r~t ' ...... ~ ..... Mop No. Lot No. la,. .... 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 I ( ~ A VARIANCE to the ZOning Ordin.ance 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 appeal was ( ) request for a special permit ( ) request for a variance and was made in AppeaJ No ................................. Dated ...................................................................... ) ,s 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 ~[~M~~Z~ 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 o/~ ~/~ ~ o~ ~ ,~:~.. ,~;~ .~u.,~ be ~ ~ ~ 2 The hardship created is UNIQUE and is not shared by oil 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 C~IARACTER OF THE DISTRICT because T~ ,~-0/~o~o~ Z, ~ oJ~, ~ ~=6J.~/~ on~. COUNTY OF fS~FI~L~ ) ~,J Signature u · Sworn to this .............................................. day of.7~-~b~-'-~ ................................ 19~~' Notary Public / BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter oT the Petition of to the Bo~d of Appeals of the Town of Southold ~, ~ Lo~ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That iLLs the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~'~riance~Special 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: ]~O_~ ~'/~ ~.~.: ~/e~ ~/z.~.~J~: A/e~ 3. That the property which is the subject of such Petition is located in the following zoning district: Zone.. 4. That by such Petition, the undersigned will request the following relief: A LL,Zii~2. o? ~A~n~]..~ ~ .'k.,,, ~.;. ~ ~]d~ ,~.d ~ l,~ ~,,,;~.~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article [ ] 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 ma)' then and there examine the same during regular office hours. (516) 765-1809. 7, That before the relief sought may be granted, a public hearing must be held on the matter by 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: /-~,~ Petitioner (I - '- Owners ' NKt~es :~ Post Office Address NAM[ P 641 911 063 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street and N P.O., State an, Zl to who,,~D~ate. . De vered COUNTY OF SUFFOLK ) ss.: PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 218~9 3~.,~ ,~v~,,,,,,, q~u Y~, N.~. 530 Co~ ~v~,,, , ~ P~;~,. , N.Y. ~' ~J,~'m_ ~. J~o_on , residing at C~ C~:., O~3C7 , being duly sv~orn, deposes and s;ys that on the 2?.~day of' r~u_ ,19 ~_{ , deponent mailed a true copy of the Notice set forth on the re- ver~e side h;tfeof, 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- rice at C~,~,=..d ~-]z_ /'"arm~c~;,~,,~ ~,er~ifiecl') (registered') n~ail. Sworn to before me this ~'~ day of~, 1~ Notary Public ; that said Notices 7er~ mailed to each of said persons by ,,// . _ (This side does not have to be completed on form transmitted to adjoining property owners.) The ~;.Y.S. Environmental Quali~,y i~eview mission of thi ~rm, and an er;vtronmenLa'l , made by this before any action 'is tal~ LCt Yoquires sub- iow will be SHORT ~NV,IR,, Oh'V. EHT.~.L A$SFSSME:{T FO.~Jq INSTR%~TIC~S~ (a) In order to answer the questions in this short gaf is ia aesu~ed that the preparer will use currently available information concerning the project end the likely impacts of the action, It is not e;fpected :hat additional studies, research or other lnvestiEatlone will be undertaken, (b) If any ques%ion has been answered Yes the project may be significant and a ccmpleted Envirc~:ental Assessment Form is necessa~7, (c) If all questions have been answered No i% is likely that this project is nc~ significant. (d) Envircr~ental Assessment 1. WLll project result in a large physical cD~nse to the project site or physically alt~r more than 10 acres of land? , · · · , , , · · · 2. Will there be a major change to any unique or unusual land form found on the mits? · · , · 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? , , , , , · · · · · ~. Will project significantly effect drainage flow 6, Wi!l project affect any threatened or endangered plan~ or animal species? · · · · · , · , · · ?, Will project result in a major adverse effect on 8. Will project have a mm jot ef£ec~ on visual actor of the community or scenic views or vistas known to be important to the community? · · 9. Will proJsc% adversely inpact any site or struct- ure of historic, pre-historic, or paleontological importance or any si~e designated as a critical environmental area by a local agency? · · · 10. Will project have a major effect on existing or £u%ure recreational oppor~unities? · · , 11. Wlll project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularl7 cause objectionable odors, noise, glare, vibration, or electrical disturb- 13. Will project have any impact on public health or la. Will project Affect the existing community by direculy causing a growth in permanent popula- tion of more than 5 percent over a on~-year Yea /Ne Yes, ,< No Yes / ~o Yes i// No Yes / No Yes /~ No Y~a / ~o Yes ~/No Yes ,,, ~'/No Yes /No Yes _~ No Yes /No period o__r have. a major ~egative effect on the character of tne/om, mun~ty ~r nexgnborin/~O?, , , Yes ~" NO ~ ' ~.~':~ QUEST!ONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlanda and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Ruilding 40, $.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. [ ] 2. [/] 3. I ] [ ] 5. [ ] 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 area. 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 photograpi~5 of the project and wetland areas, it would help expedite the processing of your applica- tion. This nuestionnaire is made to explain the requirements of this State Law and..te, E r~,~ '~ . . ~-~.~; '~ .. prevent any unnecessary delays in process,ng your apphcatmn(s~...~ ~ ..~ ~ .-