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Home My WebLink About341731375 Wells Rd. 86 ecoD_i, ~ owa~u I'~ j Benjamin 8 ~341 i ~/~_~. to permission construct ascy. building in Sideyard. ~ ~,l~l%C~D~t~-~z~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3417 Application Dated 0ct0ber ]5, ]985 TO: Mr. Benjamin Kowalchuk P.O. Box 225, Wells Road Peconic, NY 11958 (Public Hearing 11/14/85) [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on November 26, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-32 [ ] Request for Application of BENJAMIN KOWALCHUK - Appeal No. 3417 Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory lawn building in an area other than the required rear yard at 3375 Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 2, Lot 8. WHEREAS, a public hearing was held on November 14, 1985 in the Matter of the Application of BENJAMIN KOWALCHUK under Appeal No. 3417; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application, and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located on the east side of Wells Road, Peconic, New York, contains an area of approximately 19,000 sq. ft. and frontage (lot width) of 100 feet, and is iden- tified on the Suffolk County Tax Maps as District 1000, Section 86, Block 2, Lot 8. 2. By this application, appellant requests a Variance to Article III, Section 100-32 for permission to locate an 8' by lO' accessory lawn building, not more than 18 feet in height, in the northerly sideyard area, a distance of not less than 15 feet from the northerly side property line. Article III, Section 100-32 requires accessory structures to be located only in the rearyard area. 3. The premises in question fronts along Richmond Creek and is improved with one single-family, one-story frame dwelling situated 80 feet from the ordinary high water mark (at its nearest point), 83 feet from its front property line along Wells Road, 15 feet from (CONTINUED ON PAGE TWO) DATED: December 4, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3417 Matter of BENJAMIN KOWALCHUK Decision Rendered November 26, 1985 the southerly side property line, and approximately 23 feet from the northerly side property line. 4. It is applicant's position that in locating the accessory building in the rearyard, the neighboring parcels would be affected since it would block their waterview to Richmond Creek. 5. It is the opinion of this board that although the accessory building should be placed in the required rearyard, to do so would require additional variance relief under Article XI, Section 100-119.2 concerning restrictions of structures within 75 feet of wetland areas. It is the consensus of the board members that this structure could be located partly in the rearyard area a distance of approximately 76 feet from the ordinary highwater mark and extending partly in the sideyard area. In cohsidering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, Sawicki, it was on motion by Mr. Goehringer, seconded by Mr. RESOLVED, to GRANT permission to locate an 8' by 10' accessory lawn structure partly in the sideyard area and partly in the rear- yard area, in the Matter of the Application of BENJAMIN KOWALCHUK, Appeal No. 3417, SUBJECT TO THE FOLLOWING CONDITIONS: l. The accessory lawn structure be located at a point approximately 76 feet from the ordinary highwat~r, but not closer than 76 feet. 2. The accessory lawn structure be located no closer than 15 feet to the north side property line as applied; 3. The accessory structure be used only for storage and lawn purposes (not for habitable or sleeping purposes); 4. There be no obtrusive lighting which may be adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to weather conditions.) This resolution was adopted by unanimous vote of the four members present. lk December 4, 1985 ZONING BOARD OF APPF_AL,.R ~/N HALL .MA:N ROAD - $. R. 25 $OUTHOLD~ NOTICE IS HEREBY GIVEN, Law ano ~ne Code uf ~ne iuwn hearings will be held by the the Southold Town Hall, Main Meeting commencing and as follows: pursuant to Section 267 of the Town of 5uu~nolu, Lh~ iuliuwii~9 public SOUTHOLD TOWN BOARD OF APPEALS at Road, Southold, NY at a Regular at 7:30 p.m. on THURSDAY, NOVEMBER 14, 1985 7:35 p.m. BENJAMIN KOWALCHUK Appeal No. 3417. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory lawn building in 'an area other than the required rear yard at 3375 Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 2, Lot 8. 7:40 p.m. FRANK AND DIANE AMMIRATI Appeal No. 3407. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish a retail food store in conjunction with a single-f.amily residential use at premises located in this "C-Light Industrial" Zoning District, known as 730 Love Lane, Mattituck, NY; County Tax Map District 1000, Section 140, Block 2, Lot 18. 7:45 p.m. RUTH BOHN - Appeal No. 3373. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient lot area and width (frontage) of two parcels located at the west side of Beebe Drive, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lots 2 and 3. 7:50 p.m~ SUNBOW ASSOCIATES - Appeal No. 3420. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule ~for approval of insufficient lot width (frontage) of four proposed parcels located at the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 122, Block 06, Lot 29. 7:55 p.m. ROBERT HUNGERFORD Appeal No. 3427. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in an area other than the required rear yard at 2460 Grandview Drive, Grandview Estates Subdivision Lot #4, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 3.8. Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Thursday, November 14, 1985 8:05 p.m. EUGENE AND DIANE GIANNONE - Appeal No. 3416. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the construction of an accessory garage structure in an area other than the required rear yard at premises identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 8, Lot 50.07 (part of 50.3), located on a private right-of-way off of Sunset Drive, Mattituck, NY. 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 conclusion of the hearing in ques- tion. For more information, please call 765-1809 (alt. 1802). Dated: October 24, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: ~ Thursday, November 7, 1985, and forward seven affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before November llth. Copies to the following 11/4/85: Suffolk Times (personal L.I. Traveler-Watchman Town Clerk Bulletin Board ZBA Bulletin Board ZBA Individual Files Building Inspectors delivery) Benjamin Kowalchuk, 3375 Wells Road, Peconic Mr. and Mrs. Frank Ammirati, 730 Love Lane, Mattituck, NY Mrs. Ruth Bohn, Box 453, Beebe Drive, Cutchogue, NY Mr. John DeRidder, as agent for Sunbow Associates 240 Wampum Way, Southold, NY Mr. Glenn Heidtmann, Box 932, Cox Lane, Cutchogue as builder for Robert Hungerford Mr. and Mrs. Eugene Giannone, Main Road, Mattituck, NY 11952 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ....... ./.L)/~/ ............ , 19 ..... ....~. ?.q...~ ~.~!~... ~; ............. PLEASE TAKE NOTICE that your application dated ........................../.~/~ 19 ..... for permit to COroj'~r'c,c_'~ ~'~"o r-.~-rs--~ . .t3.~...~.. ???...~.,:4~... ~..~.1,:~... at Location of Property...~..3. ?.ff..- ........... . .~.~[./.,(...~..a{., ................... .~'..C.o.d.,5 .... House No. Street Hamlet County Tax Map No. 1000 Section ..... .~ ...... Block c~L Lot Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .... ff~./y.~./.e .... . .~.... ~.c"..c..~.~ .o.,%/ ~o Z ...~..7...& ....... ¢.,3.,~.,.~. ~.~ ...... r~. .v~,?.~.~ ...... *./. ...... f3 ..... ~. o. :~. ...... Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. --~ (// 7 DATE ~..O....= ..~..b.-:.. ::...~....~'... .... Nome of Appellant Street and Number ....~....~,.~......~:....O....~.~,.~...~.. ........................................................... .~....:.....~...~. .......... HEREBY APPEAL TO Municipality Stbte THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .......... .......... .... Street and Number Municipality Store~ " (X3 PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) · 1. LOCATION OF THE PROPERTY ............................................. .k.~...~..,...~,,~.~....~. ...... ~ .... Street Use District on Zoning Mop ..... ..~....~.. ........... ~ ............................ ~ ..................... Current Owner %%~-~ww~ ~_ '3'~. Map 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 law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for o variance end 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 Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ e..ov~ ~ot..~ ~1--~ ~o ~'~, "¥~. -Vo~ o ~.~\~,~. 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 o ~ ~ ~o~. COUNTY OF.J~'~,~ ¢-~ 4L) g 'g r of..,../~:~]~,~-,~...~..~..c...'; ........................ 19 ~f~ ~ Sworn to this ........ /,,~.~:.,,~.: .................... day UNDA J. COOiaER NOTARY PUBLIC, State ~4 New York NO. 4822~63, Suffolk Cour,.~.~~ Term Expires March 30 TOWN OF SOUTHOLD PROPERTY RECORD CARD FO~'~P, OWNER IN . . , " E ; ~ - _. I ACREAGE S :: - ? W n ?" ~'WPE OF BUILDING ~ND IMP. TOTAL AGE BUILDING CONDITION NE~ NORMAL i BELOW ABOVE Form Acre ~ Volue Per ~cre V~iue Tillable 2 ~llable 3 Wcodland Swampland Brushland House Plot Tctal LOT DATE REMARKS COUNTY OF SUFFOLK Department of Plannin$ 360-5206 Town of Southold Board of Appeals December 26, 1985 Pursuant to the requirements of Sections 1323 to 1332 of ~he Suffolk Count7 Charter, the follovfn8 application(s) ~hich have bees referred to the Suffolk Co~mty Planning Co~,~tssion are considered to be a matter for local detet~Lua- tion. A decision of local deter~ination should hOC be construed as e~chec m approval or a dieapprov~l. Applicant(s) Peter & Helen Puric Mr. & Mrs. Frank An~irati Mr. & Mrs. Fred Schoenbaechler Mr. & Mrs. Peter Puric Benjamin Kowalchuk/ Robert Hungerford 3401 3407 3414 3415 3417 3427 Very truly yours, Lee E. Koppelman Director of Plannin2 t~ief PI nn-er Southold Town Board o£ Appeals MAIN RI3AD- BTATE RnAD 25 SrlUTHE]LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 5, 1985 Pursuant to Article XIII of the Suffolk'County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×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.: 3417 Applicant: Benjamin K0walchuk Location of Affected Land: 3375 We]Is Road, Pec0nic, County Tax Map Item No.: 1000-86-2-8 Within 500 feet of: XXXX NY __ 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. COMMENTS: Applicant is requesting permission to lawn build~n~ in an area other than the required rear yard Copies of Town file and related documents enclosed herewith for your review. · ~_~> k~_~ ~"~,o-~.-~.~' Dated: i D~ ..~ [ ff~" - - Secretary. Board of Aooeals. o~r. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 December 4, 1985 Mr. Benjamin Kowalchuk P.O. Box 225, Wells Road Peconic, NY 11958 Re: Appeal No. 3417 (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 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. GOEIIRINGER CIIAIRMAN By Linda F. Kowalski Secretary Commission Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. ]1971 APPEALS BOARD MEMBERS TELEPHONE (516) 765-1809 November 14, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGOfllS, JR. S · E · Q · R · A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAI, DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Siqnificance APPEAl, NO.: ' 3417 ?ROJECT NAME: Benjamin Kowalchuk This notice is issued pursuant to Part 617 of thc implementing regulations pertaining to Article 8 ~f the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~4~-4 of the Town of Southold. This board determines cdnt adverse effect on the below. the within project not to have a signifi- environment for the reasons indicated 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 thc same or similar tn:eject. TYPE OF ACTION: DESCRIPTION OF ACTION: in side-yard LOCATION OF PRO~ECT: Town Of Sout]~otd, County of S(lffolk, more ]~i~rticu]arly known as: 3375 Wells Road, Peconic, NY 86-2-8 [ ] Type II ~X] Unlisted [ ] permission to construct accessory building REASON(S) SUPPORTING THIS DETERMINATION: (]) An Environmental Assessmenk in the short form has been :;ubmitted which indicates that no significant adverse effects to environment are likely to occur should this project be implc- mcl:t~:d as planned; (2) Construction is landward of existing structutles FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on tile Town Clerk Bulletin Board. E~ectl,~ : 40 ~- !" Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH N. SAWlCKI 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 NOTICE I8 HEP. EB~W~ pursuant to Section ~q~of the T~ ~w ~d ~ To~ elaM, ~e ~ public ~ ~1 ~ ~ld ~ ~u~ NY at a ~ ~ ~mm~g a~ 7~ p.m. on 1~ 1~ ~d ~ foll~: ~ 7:~ p~. BgNJ~ KOW- ~,~e~,~ 1~2 for~~ ~,~I~ ,ion ~ ~ I ~1 f~ ~l~ty m~ m at ~ 1~ ~ ~ "C-~ght ~, ~; ~ty T~ ~p ~s-' ~ 1~, ~on 1~, Bilk 2, ~'18. ~eal No. 337~kVariance to th~ ~ ~ ~ ~ ~ ~de ~'1~, BI~ ~, ~ 2 ~d of i~t 1~ ~d~ (~ ~) offo~ ~ ~ls ~ · ~ Map ~ 1~. ~ 1~, Bilk ~, ~ ~. 7:~ p.m. 32 ~r~~ ~g~~a y~ at ~ G~ ~ve, Gr~ Es~ ~ion ~t ~4, ~ent, ~; ~ T~ ~p ~ 1~,.~ BI~ 2, ~t 3.8. 8:05 p.m. EUG~ ~ D~ O~O~ - A~ No. ~16. V~ ~ ~ 1~32 ~a~~- ~ ~ ~ ~ at p~- i~ identifld on ~ Co~ T~ ~a~ ~ ~ l~, ~on 1~, Bilk 8, ~t ~.07 (~ of ~.3), 1~ on a p~vam ~f-way ~ve, ~a~t~k, ~. ~e ~ ofA~ ~11 he~ at ~d ~pl~ ~1~ the a~ ~t~n. W~t~n mm- men~ my ~ ~ ~b~t~ p~or ~ the ~c]~ion of ~e h~ng in qu~tion. For mo~ i~ fo~ation, ple~ ~1 7~-1~ (alt. 1~2). Da~: ~r ~, 1~5. BY O~ER OF ~E ~O~ ~ ~ OF ~P~ G~P. ~E~GE~ C~ 1~7-5~9 STATE OFNEW YORK ) ) SS: COUNTY OF SUFFOLK } Mary K. Deqnan ofGreenport, ln said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed ia a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 7 dayof November 19 85 / Priflci)a'al Clerk ~-/ Sworn to before e/t''s / ANN M ABATE efn, 9,' ~4 ___ ~At~T4F~gPUBLIC, State of New Yo NOTICE IS HEREBY GIV- ]~N, ~Ursuant to Secti0a ~{~ of the Town Law and tli~ C~ of the Town of Southold,' following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, SOuthold, NY':~t a Regular Me~ting comme~lcin~... at 7:30 p.m. on THURSDAY, NOVEMBER 14, 1985 and as follows: WA7:35 p.m. BENJAMIN KO-. LCHUK- Appeal No. 3417. Variance tO the Zoning Ordio- ance, Article 111, Sectioh 100- 32 for permission ~to locate accessory lawn building in an area Other than the reqnired~ rear yard at 3375 Wells Road, ~_P.econic, NY; County Tax. Map ~istrict 1000, Section 86, Block 2~, Lot 8. '~:40 p;m. FRANK AND DI- ANE AMMIRATI- Appeal No. 3407. Special Exception to the Zoning Ordinance, Article VIII Section 100-80 for permission to establish a Yetail food store~ in conjunction with a single- family resideutial use at pre- mises located in this "C-Light Industrial" ~zoning District, known as 730 Love Lane, Mat- tituck, NY; County Tax Map District 1000, Section 140, Block 2, Lot 18. 7:45 p.m. RuTH BOHN- Appeal No. 3373. Variance to-- the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for approval Of in- sufficient lot area and width (frontage) of two parcels locat- ed at the west side of l~ebe Drive, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lots 2 and 3. 7:50 P.m. SUNBOW ASSO---'- CIATES:.Appeal N6. 3420. Variance to the Zoning Ordin- ance, Article VII, Section 100- 71, Bulk Schedule for approval of insufficient lot width (front- age) of four proposed parcels located ~t. the north side of Main Road, Mattituck~ NY; County Tax Map District 1000, Section 122, Block 06, Lot 29r- 7:55 p.m. ROBERT HUN- . GERFORD- Appeal No. 3427. Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to lcoate accessory garage structure in an area oth6r than the requir- ed rear yard at 2460 Grand- view Drive, Grandview Estates Subdivision Lot #4, Orient,. NY; C0uhiy Tax Map District 1000, Section 14, Block 2, Lot · 3.8. 8:05 p.m. EUGENE AND DIANE GIANNONE- ApPeal No. 3416. Variance to the Zoning Ordinance, Article 111, Section 100-32 for approval of the construction of an acces-' sory garage structure in an-- area other than the required rear yard at premises identi- fied on the Suffolk County Tax Maps as District 1000, Sec- tion 106, Block 8, Lot 50.07 (part of 50.3), located on a private fight-of-way off of Sun- set Drive, Matfituck, NY. 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 o~the hem4ng in questhm; For more information, please call 765-1809 (alt. 1802). Dated: October 24, 1985. BY ORDER OF THE SOUTHOLD TOWN-~ BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1T-11/7/85(5) 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 kong Island Traveler-Watchman once each week for .................... ./. ..... weeks successively, commencing on the .......... ~ ............ d Sworn to before me this -~ day of ...... ..... , Notary Public BARBARA FORBES Not~y Public, State of New York No. 4806846 Qualified in Suffolk County Commiv~sion Expires March ao, JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 15, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3417 application of Beniamin Kow~.lehuk for a variance. Also included is Notice to Adjacent Property Owners; Certificate of Occupancy from the Buildin~ Department; plans; Notice of Disapproval from the Build- inff Department; survey; letter relative to the N,Y.S, Tidal Wet- lands Land-Use; Short Environmental Assessment Form; and a letter to the ZBA from Mr. and Mrs. G. C. Weidm~ Judith T. ~~' Southold:,~::,~f~ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF: BUILDING INSPECTOR APPEAL NO. -:~/~ DATE ..~.o...:..[.'~..?..~....~.~.. ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (W~) ~;-;~..~...~. ~ .~ .~q~ ~.~k · · · .~g.~.~ · .~, '.%.~%..~,. · ·. o f$~. ·'.kAl. .~- .~ ~.~. · · · .~. · · ~ .................................. Name of Appellom Street and Number .....~...~..~..~..~.~....Q:.. .................................................................. .~..~..,..'.~.., ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO 0/-,) ( ) ( ) 2~0_c ~- .~ _% o,c~M Name of Applicant for permit of - ......... ............................................................ ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~..~....~...~......'..~....~.~..~,.~,.~.......~.....~. ......... .~...~...c:..~..~.k,.~,..,...~..:k~' Street Use District on Zoning Map /v~op 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 mode herewith for (~-,~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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 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 o 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 ~ ~)-~-'%~'~-~-~-'f ~'~'~-~--~:) ~ 5~ ~0~ ~ [~1 (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. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~'%~_ COUNTY OF~/: ~Z/'~ ~ ~',~ .) (~, Signature of /(,} /~2:-~ ~_ . ................ 19 ~ ~ Sworn to this .....~...:: ................................. day ..................................... Not/4 ry Public UNDA j. COOPER NOTARY PUBLIC, State of New York No. 4822563, Suffolk Couhty~/ Term Expires Mmch 3a, 19 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of : to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tl~t !: !: t~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~Variance)~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: ~~ ~'T ~ ~°o~T C¢~t:~ ~'~ 'T~ ~C~%~ oV 3. That the property 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 applicable to the relief sought by the under- signed are Article ~ Section ~oo - ~ 9_ [ ] 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) 76~5-1809. 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. Owners' Names:~O~%q Post Office Address O'~'t"'o O.3 , NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 637 422 t52 RECEIPT FOR CERTU=IED MANL NOT FOR ~TE~NATIO~AL MAIL (See Reverse) treat nd No. Date, and Address of Delivew TOTAL $~ $ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) P 637 422 153 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~,~.~,'a,'"~ ~.~\%,~ X~x',~-ok.,O 'AL.~X~.,.2,\~. , residing at ~'1~ ~ ~L~. ~ ~o~X~ ~,, ~: X~ ~ ,bein, duly sworn, deposes and says ,hal on ,he ,~,~-- day of --~ ,19 ~ ,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 thor 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- riceat ~o~ ~ ~ ;thatsaid Notices were mailed to each of said persons by (certified) (rag stered ma I. / Sworn to before me this /:;'- ':' < day of /~,,., //./, 19 ,; '~ Notary Public UNDA J. ~R NOTARY PU~.K:, 8tmte of N~w Yo~ no. 4e226e~, Suf~k Cou,,~,., Term F..qzlre~ March 30, 1~/ '~ (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hail Southold, N.Y. Certificate Of Occupancy Z10395 No .................. Date February 23, 1981 THIS CERTIFIES that the building ................................................ Location of Property 3375 Wells Road, Peconic, N.Y. County Tax Map No. 1000 Section 086 ·Block 02 .Lot 008 Subdivision ............................... Filed Map No ......... Lot No .............. requirements for a one-family dwelling built prior to conforms substantially to 'fl~ ~pplrdaT'ion 76r Bm]'dlng l~erm:f~ieretb?dre filebr ~n this office dated · ..6P?.i. 1..23, ..... ,19 57pursuant Certificate of OccupancyZ10395 ......... to which- B~tding-Permit-Nm. -. .................... dated . . .F.e..br.u.a.r. ¥' .2.3. ~ ........... 19.8..1, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ............... fir gy.a %9..O. ne..-?~.r0i..~y..D.¥.e.l.l.i.n, g ................................. The certificate is issued to Frederick L. Schultz ..................... t'o¥~. ¥~ '~- '_ .................... of the aforesaid building. Suffolk County Department of Health Approval ...... Iq/R ................................. UNDERWRITERS CERTIFICATE NO ..... N./.B ......................................... Building Inspector Rev. 1/81 (Today's Date] TO: Southold Town Board of Appeals ' Maia Road Southo!d, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Reguiations, 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 c~ne box) [ ] ~lay be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this prcperty is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] 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. -[ ] not appear to 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, (Sig.~. ture plea§e) NOTE: If proposed project falls wit~4 D.E.C. jurisdiction, approval must be received an~d submit{~d to our office before your application can be~scheduled for a public hearing. sub- be The ;~.Y~S [nvironmenta] Qualit.y Iteview Act requires mission of this form, and an environmental..review will made by this before any action s t~ (a) In order to answer the questions ~n this short EAr is l~ as~'kuned that the preparer will use currently available infof'~..ation concer-ninE the project and the If any qued%ion hah been answered Yes the proJ~c~ ~y be ~i~lfican~ and (c) If all ques%lons have been answered No i% is l~oly t~mt thl~ projec~ (d) ~vZronmental 1. W~i proJec~ reset in a large physical change to the project site or physically alter more t~n 10 acres of land? . . . . . . · ~ · Yes..~ ~;o 2. W~ll there be a ~Jor chan~e to any ~ique or unusual land fo~ fo~d on the site? · · ~ Yes ~ No 3. W~i project alter or ~ve a lares effect on an existin~ body of water? . . . . . · · Ye~ . '~ No &. W~i project have a potentiall~ lar&, ~ on ~o.~dwater quality? ' ' ' ' . . · · · · Yes. ~ No 5. W~I proJec~ si~ificantly',ffect drainage ~ on ad,scent site~? ' ' · · ' · · Ya~ ~ No 6. Will project affect any threatened or endangered plant or an~al species? . . . . . . · . -- Yes . 7. W~i project reset in a major adverse effect on air quality? ' ' ' ' · · · · . · Yes 8. W~l project have a major effect on visu.1 acter of the co~munit~ or scenic views or vistas kno~ to be ~portant to the community? · · · . Yes 9. Will project adversely ~pact any site or st~c~ ute of historic, pre-historic, or pal~ontological importance or any site desi~a~ed as a critical enviro~en~l area by a local agency? · · · . Yes ~ No 10. W~i project have a ~Jor effect on exl~t~g or future recreational oppor~ltiea? , · · _ Yes ~ No 11. Will project result in ~Jor traffic problems or cause a major effect to existing transportation 12. Will project reg~arly cause objectionable odors, noise, glare, vibration, or electrical dimtur~ ance as a reset of the project's operation? . Ye~ ~ 13. Will project have any impac~ on public health or safety? ' ' ' ' · , , , , · , , Ye~ l&. Will project &fleet the ext~t~n& co.unity by directly causln~ a ~rowth zn permanent t!on of more than 5 pemcen% over a period or have a major negative effect on charact~ of the com. munity ~r nezKhborhood?. , Ye~ ~ No ~5. Is there._ · - . ~public contrivers7 concernzn~ the pro,eot? Ye~ ~ No SEE SEC. NO. 075 TOWN OF' SOUTNOLD \