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Home My WebLink About3325Bergem Av~. ~oo~. #1996 :.~..._. _ :._, t)OUGLAS i Southold Town Board o eals lApp ~.~~'*" MAIN ROAD- STATE ROAD ~'5 SOUTH OLD, L.I.. N.Y. 11cj'71 ~ TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3325 Application Dated January TO: Mr. Douglas A. Cooper P.O. Box 16 Mattituck, NY 11952 9, 1985 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on March 7, ]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 250-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-30(A) [ ] Request for Application of DOUGLAS A. COOPER, P.O. Box 16, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to construct pole barn/stable accessory to keeping of horses on this 2.4± acre parcel located on a private right-of-way extending from the north side of Bergen Avenue, Mattituck, NY; District 1000, Section 105, Block 01, Lot 002.2. WHEREAS, a public hearing was held and concluded on March 7, 1985, in the Matter of DOUGLAS A. COOPER under Appeal No. 3325, during which time testimony was received in behalf of the application and no objections were received; WHEREAS, the board members have personally viewed and are familiar with the premises in question and its surrounding area; 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 and is situate along a private right-of- way which extends approximately 3500 feet from the north side of Bergen Avenue; 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 105, Block 01, Lot 002.2; 3. By this application, appellant requests permission to locate a 24' by 36' horse barn or stable for the purposes of keeping horses, to be situated approximately 300' from the southerly (front) property line, not closer than 20 feet to the easterly side line, and approximately 65-75 feet from the westerly side property line; 4. Article III, Section lO0-30(A) does not specifically list the proposed use as a permitted use on lots of less than 10 acres; however, barns for storage and commercial agricultural purposes (CONTINUED ON PAGE TWO) DATED: March Form ZB4 (rev. 19, 1985. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3325 Matter of DOUGLAS A. COOPER Decision Rendered March 7, 1985 are permitted provided they conform to the yard requirements for principal buildings; 5. Article III, Section lO0-30(C) also permits similar build- ings, accessory to an existing residential use of a lot; 6. Applicant is subject parcel to the one-family dwelling; also the owner of premises abutting the east containing 6.2± acres and an existing 7. Applicant would not be required to obtain a variance if he were to place the proposed horse stable and keeping of horses on the adjoining residential parcel, nor would a variance be required if applicant were to first construct a residence on the subject parcel; 8. For the record, it is noted that a conditional approval was granted concerning the right-of-way to these premises under Appeal No. 1996, January 30, 1975. In considering this appeal, the board determines: (a) that the relief requested is not substantial in relation to the zoning requirements; (b) that there will be no effect on popu- lation density adversely affecting governmental facilities; (c) that there will be no substantial change in the character of the neighborhood or substantial detriment to adjoining properties since the use requested would appear to fall under permitted accessory uses if a residence existed; (d) that the circum- stances of this appeal are unique in that the owner resides at premises adjoining the subject parcel; (e) that in view of the manner in which the difficulty arose, justice will be served by allowing the variance applied, as noted below. NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3325 in the Matter of DOUGLAS A. COOPER for the keeping of three horses and for the construction of a 24' by 36' horse barn, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The subject building be used as requested, for the purposes of stabling horses; 2. The subject building not exceed one-story height (18 feet) and not exceed the size 24' by 36'; 3. There be no habitable quarters (or bunk house); 4. Building be located as requested: (a) no closer than 300 feet to the southerly property line; (b) no closer than 20 feet to the easterly property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. G~ERARD P:~OEI4K~NGER, q~I~2~IRMAN March 20, 1985 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the foll'owing public hearings will be held by the Southotd 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, MARCH 7, 198~, and as follows: 7:30 p.m. Application of DOUGLAS A. COOPER, P.O. Box 16, Mattituck, NY for ~ Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to construct pole barn/stable 6ccessory to keeping of horses on.this 2.4± acre parcel located on a. private right-of-way extending from the north side of Bergen \ Avenue, Mattituck, 'NY; District 1000, Section 105, Block O1, kot 002,2. Paul the of two lots in this proposed re-division of land containing insufficient area, Width and depth, located at Reydon Drive, 7:50 p.m. Application of WILMA MEEHAN AND MARY LEONARDI, by Caminiti, Esq., Main Road, So~thoid~ Ny for a .Variance to Zoning Ordinance, Article III, Section 100-31 for approval 7:35 D.m. Application of JOSEPH J.' LIZEWSKI, 29205 Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VI, Section lO0-60(B)[1](a) , and Article III, Section 100-30(B)[6] for permission to establish recreational use (private racquetball membership club) at premises located on the north side of Main Road and east side of Depot Lane, Cutchogue, NY; District 1000, Section 102, Block 02, Lot 12.1 (B-Light Business Zone). 7:40 p.m. Application of ALICE D.' CURRIE, 68 West Fenimore Street, Valley Stream, NY 11580, for a Variance~to the Zoning Ordinance, Article III, Section 100131 to re-define and change lot lines of three parcels which contain insufficient area, depth ahd width, located on the North Side of Soundview Avenue, Southold, NY; District 1000, Section 059, Block 06, Lots 18-19. 7:45 p.m. Application of ANDREAS PALIOURAS, 37-17 20th Road,'Astoria, NY 11105, 'for a Variance to the Zoning'Ordinance, Article XI, Section lO0-tl8(D) for permission to reinstate and restore dwelling structure to its original condition as a one-family residence located at 32570-C.R. 48, Peconic, NY; District 1000, Section 74, Block 04, Lot 009. - -- Page 2 - Legal Notice Public Hearings of March 7, 1985 Southold Town Board of Appeals Southold, NY; Reydon Shores Subdivision Lots 29 through 35; District 1000, Section 80, Block 02, Lot 015. 7:55 p.m. Application of ROBERT AND'ALDONA NORKUS, by Richard J.'Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient width of four proposed parcels located off Orchard Lane, approximately 450 feet easterly from Cedar Beach Road, Southold, NY; consisting of Cedar Beach Park Subdivision Lots 35, 36~ 37,.38, 47, 48, and part of 49; District 1000, Section 89, Block 3, Lots 8.1, 9, 10, 11.1, 6, and 4. 8:05 p.m. Application of JOHN AND FRANCES DiVELLO, by Wickham, Wickham &-Bressler, P.C:, Main Road, Mattituck, NY for Variances: (a) to New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Meday" Avenue," and (b) to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule, for approval of insufficient area and depth of ~arcels in thi~ proposed ~bdivision~ Location of ~roperty: Meday Avenue and Westphalia Road, 1921 Subdivision of "William B. Codl'ing" Lots 1 District 1000, Section 113, Block 9, Lots 8 and 4.38± acres. Mattituck, NY; to 7, inclusive; 15, containing The Board of Appeals will at said time and place hear all persons having interests and concerns of the above ma~ters. Written objections may also be submitted prior to the conclusion of that hearing. Dated: February 26, 1985. BY ORDER OF THE SOUTHOLD TOW~ BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F Kowalski, Secretary (516) 765-i809 (alt. 1802) Instructions to Newspapers: Please publish THURSDAY~ FEBRUARY 28, 1985 and of publication on or. before March 5th to Board Road, Southold, NY 11971. forward 7 affidavits of Appeals, Main TOWN OF $OUT}IOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~EASE TAXE NO~ICE mat your app~cation aatea .. ~/ .... ~? ......... 19 ~. Subdivision ......... ~ ........ Fged Map No.. ~ ......... Lot No .................. Bu~£ctJ-ng ± n s p e~[~or RV 1/80 ~,xamined ................. 19 ... 'FORM NO. 1 TOWN OF $OUTHOLD ~U~LDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 11971 TEL.: 765-1802 kpproved ................. 19... Permit No ............ )isapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUiLD)NG PERMIT Date .................... t9... INSTRUCTIONS a. TTds application must be completely filled [u by typewriter or in ink and submitted to the Building Inspec[or, with 3 ets of plans, accura[e 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 co,zered by this application may not be commenced before issumnce of Building Permit. d. Upon approval of this application, the Building hspector will issued a Building Permit to the applicant. Such permit hall be kept on the prermses av~able for inspection throug~hout t~he work. e. No building shall be occupied or used in whole or in part for any purpose whatever u~ntll 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 ~uilding Zone Ordinance of the Tom of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or '~egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant a~ees to comply w~th ail applicable laws, ordinances, building code, housing code, and regulations, and to ;dmit authorized inspectom on premises and in building for necessary; ' pections. ......... ~(Signatuy4~Sf applicant, or name, if a corporation) ...... State whether applicant ~s owner, ~essee, agent, architect, en~kneer, general contractor, electrician, plumber or builder.', :::::::::::::::::::::::: (as on the tax r, oll or late~t 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 ....................................... ..../7. . : . . ..... :: . ............ : ............ House Number~ Stre.[ Hamlet c~7 Ta, ~a~ ~-~. ~ ~0~ S,,~o, . ~ ~ ~ .......... ~ · ~( ............... ~ . . ~ ~.2 ~.~. ..... Subdivision ..................................... Fged Map No. ' ............. Lot ............... (Nme) 2. Sta~e existing use and occup~cy of prem~es and ~ntended use and occ~ancy of proposed construction: ~. ~,i~ti~ u~, an~ o,,~an,~ . .~ ~. .c. .~ ~ ..... la ,~ ..................................... ~. ~ana,~ ~, ~ ,,,~ ~ ~ ~ ~. . . ~ ~ ,~. : ...... ~ ~ ..... ~ ~ ~ ~ ~ .............. 3. Nature of work (check which apl: ,b!e): New Bunamg ....... Audi Akeration RepaY- .............. Removal .............. Demolition .............. Other Work 4. Estimated Cost i' ............................ Fee ~ (to be p~d on f2ing this application) 5~ If dwell~ng~ number of dwelling unRs ............... Number of dwal~ng unRs on each ~oor if garage~ number of c~ ¢. If ~usiness~ commarci~ or m~ed occu~ancy~ speck~ nature and exSen~ of each type of u~ 7. D~en~on* of existing stmctures~if any: Fron~ ............... Rear .............. Depth Hal~hi ............... )/umber of Sto~es D~ensio~s of same structure wi~ ~rerafions or additions: Fron! ................. Rear ............... ~eD~ ....................... He¢~.~ ................ Number of Stories ~ t i. Zone or use dist~ct in w~ch premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ... 9f~j 13. Will lot be regraded .. ~/~ ...... ~ ............... Wfi! excess :~I be removed from premises: Yes I4. Nan e of Ox,ne, o~ pre,m~es ~0 ~,.~5.. ~. ~daress .~¢. ~.~X-.-/~ ..... Phon~ No.¢eff..~.~ .... Name of g~ chltect ........................... Aadress .................... hone No Name of Contractor .......................... Addrea: .................. Phone No PLOx D.:AGF~x~ Locate clearly and distinctly ali! bugdLngs, wh~ther existmg or proposes, and. indicate ail set-back dimensions from property lines. Give street mad block number or description according to deed, and show s~-eet names and indicate whether interior or comer # STATE OF N~YI~RK.. , x~ ~= ~ (Name ~ individual si~g contract) above named. being duly sworn, de?oses and says that h~ is me He is t~he ............. 6;~r-~ .................................................................. (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 ~e t?ds application; that ali satements contaLned in ~is app~cation are irne to the best of Ids knowledge and belief; and that the work wiJl be performed in ~e manner set forth in the application filed therewith. Sworn to before me t)ds ............ c~ ..... dayo~ ...Z/'/~r~r:~.., 19 , .~/~2 ,': o ,? .,//.: ' .ff.'.. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN 0F SOUTHOLD, N. Y. APPEAL NO. ~-~3c~'-- DATE ..,~3~......~.,...!.?..oc',Z~ ~'~ ~'"/":' '~"~'"~'~Municipality .............................. .,~,.,~2 ....... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ...... ...... ....... ........ ~ame of Applicant for pea:nit ..... n;.. .................. .............. : ....... ¢/h umbe Municipality State ~/ r ) PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY (/~ PEPd~IZT '20 BUZT,D 1 LOCATION OF THE PROPERTY · ~........~.Z.~...../'z/...!.~,~. ........ ,~..¢~.,./~-/j .......... Street ~d ............. ~.~.. :..%,.~ ..................................... o~(s): ~¢. ,~ .o ~o, ~o ~ ~o~c~s~: ~fX~ ............ 2. PROVISION (S) OF THE ZQNING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) TYPE OF APPEAL Appeal is maae herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appec (has) ,~os not)been made witk of the Building Inspector or with respect to this property. Such eppec was ( ~ request for c special permit ( ) request for a variance one was maae in Appeal No ................................ Dated .......................... I ~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 ~ respect to this decision ~o~ z~l (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 Dy aH properties alike in the immediate vicinJt of this propers) and in this use district becauseC,~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF~EjzOLt~ ss Sworn to this ........... .q..~..'.~... ...................... day Notary Public sOUA~D 200. 00' % OWNER FORMER OWNER ~TREET N S'~ E · ~/M ~ S W RES..z~// SEAS, FARM CO '/v~M. LAND iMP. TOTAL ' 0 Tillable VILLAGE LOT, DATE FRONT ~GE O~'~¥ATER , ' Woodland FRONTAGE ON ROAD "DEPTH ,,c~V' ~/,~~- ~' Meadowb,nd House Plot Total BULKHEAD OWNER FORMER OWNER STREET VILLAGE DISTRICT SUB. LOT LAND VL. FARM IMP. 'TOTAL DATE /T mo :_./-2': ~ o o o AGE NEW Form q'iIlable 1 7ilIoble 2 q ilbbte ~codland Swampl~nd ~rdshI~nd o o BUILDING NORMAL BELOW % ABOVE Acre I Value Per Acre Value COMM. REMARKS I louse Plot I IND. MISC. :- L'~ Extension Extension Extension . B~ewa Patio Garage 2_ ~_.c~ 5~t) Driveway / ,. '~..____~ ...................... ._=_.. __.5_~ ,:¢ / Foundation Z ~ /5% Bath B(~sement /Z~ ~ L~ Floors Perch Porch Attic Rooms 1st Floor Rooms 2nd Floor Southold Town Board of Appeal MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 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: X×X Variance from the Zoning Code, Article III , Section 100-30(A) ~ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 3325 Applicant: Douglas Cooper Location of Affected Land: BergeN'Ave. Mattituck,NY County Tax Map Item No.: 1000-105-01-002.2 Within 500 feet of: -- Town or Village Boundary Line ×XX 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. granted conditional COMMENTS: Applicant is ~ permission to £nn~tr~Jnt + accessory tn k~ng nf h~r~ nn th~i~ ?_4 - acres. pnl~ ham/stab] Copies of Town file and related documents enclosed herewith for your review. Dated: ~ ~~~ Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 20, 1985 Mr. Douglas A. Cooper P.O. Box 16 Mattituck, NY 11952 Re: Appeal No. 3325 Variance Application Dear Mr. Cooper: Attached hereto for your records is a copy of the formal findings and determination recently rendered and filed this date with the Town Clerk's Office concerning your application. A copy has been furnished for the Building Department concerning your building permit application. If you have any questions, please do not hesitate to call either our office or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County GERARD P. GOEHRINGER CHAIRMAN ~a F. Kowalski Planning Commission Legal Notices I~EGAL NOTICE NOTICE IS HEREBY GIVEN, pursuallt to Section 267 of the Town ~a~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, Senthold, NY at a Regular Meeting commencing at 7:_30~ p.m. on Tmjp,~a~y,~ 7:30CH 7,1~5, and az follow~ p.m. Application of DOUGLAS A. COOPER, P.O~ Box 16, Mattituck, NY for a Vari- ance to the Zoning ~Article III, Section 100.30(A) for permisaion to cen~ruct pole bern/stable accessory to keeping of horses on this 2.4 -+ acre parcel located on a private right-of-way extending from the north side of Bergen Avenue, Mattituch, NY; District 1000, Section 105, Block '~01, Lot 002.2· 7:30 p.m. Application of JOSEPH J. IAzI~.WSKI, 29205 Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VI, Section 100.60(B)[1](a), and Article III, Section 100.30(B)[6] for permi~- sion to establish re~cationai (private racquetball membership club) at promises located on the north side of Main Reed and east side of Depot Lane, Cutohogne, NY; District 1000, Section 102, Block 02, Lot 12.1 (B-Light Bus- iness Zone). 7:40 p.m. Application of ALICE D. CURRIE, 68 West Feaimoro Street, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Article IH, Section 100-31 to re-define and change lot lines of three perils which contain insufficient area, depth and width, located on the North Side of Soundview Av- enue, Southold, NY; District 1000, Section 059, Block 06, Lots y:45 p.m. Application of )REAS PALIOURA~, 37-17 / cation of Property: Meday Ay- Road, Astoria, NY 11105, ~ .enueandWestphaiia~,Mat. ~r aV~~./ ~ ~; 1~1 Su~ion of ~, ~cle ~.~en i~ [ tl8(D) for ~!~ ~ ~mi~ ~ ~ fd~H~ ~ s~ ~ ~ ~!~on ~ ~ a on~ly~~ ~ 3~70 C~. ~, ~ ~; ] D~ 1~, ~: 74, B~ ~ ~, ~t ~. · -~5~.~p.m~ ~ of Southold, NY for a Var~ fo vision of land containi~ im~B. catod at Rey&m Drive, SenthoM, Lo~29 th~u~ ~;,~ 1000, Section 80, BIork 02, Lot 015. 7:55 p.m. Application of ROBERT AND AI~ONA NORKU~, by Richard J. Cron, Ecq., Main Road, Cutchogne, NY for a Variance to the Zoning Or- dinance, Article Ill, Section 100- 31 for approval of inemeficient width of four proposed parcels lo- cated offOrohard Lane, approxi. matoly 450 feet easterly from Cedar Beach Road, 8enthold, NY; consisting of C~ar Beach Pork Subdivision Lots 35, 36, 37, 38, 47, 48, and port of 49; District 1000, Section 89, Bloch 3, Lote 8.1, 9, 10, 11.1, 6, 4. · 8:05 p.m. Apl)lication of ~v-[~ LEO, by Wickh,m. Wickham & BreWer, P.C., Main Road, Mat~ituck, NY for VariancesF(ak to New YorkTown Law, Section 280-A for approval of acce~ over a private ribht.of-way known as "Meday Avenue," and (b) to the Zoning Ordinance, Article IH, Section 100-31 and Bulk Schedule, for approval of insuffi- cient area and depth of parcels in this propoeed subdivizion. Lo- "William ,B. Codling" Lots I fo 7, inclusive; District 1000, Section 113, Block 9, Lots 8 and 15, con- toining 4.38--_ acres. The Board of. Appeals will at snid time and place hear all per- eerns of the above matters. Writ- ton-objectione ~nay also be sub- mitted prior to the conclusion of that hearing: i~ted: Felmuw~ 26~ 1985. · BY ORDER OF BOARD OF APPEAI~ GRRARD P. GOEHRINGER CHAIRMAN By Limla F. Kowalski, (516) 765-1809 (alt. 1802) 1TF2~-4801 ~IK ) , ! SS: iLK ) of Greenport, in !duly sworn, says that he/she is rilE SUFFOLK TIMES, a Weekly ;hed at Greenport, in the Town ty of Suffolk and State of New Notice of which the annexed is as been regularly published in · once each week for ONE weeks successively, commencing on the 28 day of February 1985 Princ~palZ/diar~ Sworn to before me this 2 8 day/o~February ._ 8~ ANN [~. 111 ,IO~TAEY PUBLIC, Slate of New York ~,~, /2" _/ Su,lolkCounty~ 474818~' ~ le,m Expffes M NOTICE NOTICE IS HEREBY GIV- EN, put, mint to S~ction 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 Ro~d, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY~_ MARCH 7. 19~. ~and as follows: 7:30 ;p.m. Applicalion of DOUGLA P.O. Box 16, Mal~itudk, NY for a W~iance to the Zoni~ ordin- ance, Article m, Section 100- 30(A) for permission to con- s~mct pole bm'n/stable acces- sory to keeping of horses on this 2.4~ acre parcel located on a private right-of, way e~tend- ina from the north side of Rerllen Avenne, Mattituck, Block 01, Lot 002.2. 7:~ p.m. Applicution of JOSEPH $. ~IZEWSKI, 29205 ~ Rond, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article Vl, Section 100-60~)[1]¢a), and Article m, Section 100-~0(B) [6] for permission to establish recreational use (private rac- quetb~il membership club) at premi~ located on the north side of M~in Ro~d and east side of Depot Lane, Cut- cho~ue, NY; District 1000, S~ioa'l~ Bl~c~ 02, ~ 12.1 ?:~0 P;m. ~ppilcetion of ~ 68 West lng of Cedar Beach Park Subdivision Lots 35, $6, 37, 38, 47, 48 and part of 49; District 1000, Section 89, Block 3, Lots 8.1, 9, 10, 11.1, 6, and 4. 8:05 p.m. Application of JOHN AND FRANCES DJ- VELLO~ by Wickham, Wick- ham & Bressler, P.C., Main Road, Mattituck, NY for Var- iances: (a) to New York Town Law, Section 280-A for approv- al of access over a private right-of-way known as "Me- day Avenue," and (b) to the Zoning Ordinance, Article IlL Section 100-31 and Bulk Schedule, for approval of insufficient area and depth of parcels in this proposed sub- division. Location of Property: Meday Avenue and Westphal- ia Road, Mattltuck, NY; 1921 Subdivision of "William B. Codling" Lots 1 to 7, inclu-: COUNTY OF SUFFOLK 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 .......... .~i~. ........ day of Notary Public BARBARA FORGES Notary I-'ublie, State of New Yoek No. 4g0~846 Qualified in Suffolk Cou!~ty Coramis~ion Expires March 3'd, Southold Town Board of Appeals HAIN RnAD- STATE RI]AD 25 SOUTHDLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. 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 Legal Notice of Hearings Regular Meeting of March 7, 1985 Southold Town Board of Appeals Copies have been furnished to the following 2/26/85: Mr. and Mrs. Douglas A. Cooper, Box 16, Mattituck 11952 Dr. and Mrs. Joseph J. Lizewski, Box 200C, Depot La, Cutchogue 11935 Mrs. Alice D. Currie, 68 West Fenimore St, Valley Stream 11580 Mr. Andreas Paliouras, 37-17 20th Road, Astoria, NY lll05 Mr. George Kokkinos, Box 229, Peconic, NY 11958 Paul A. Caminiti, Esq., Box 992, Southold ~for MEEHAN'AND LEONARDI Richard J. Cron, Esq., Main Rd, Cutchogue for ROBERT & ALDONA NORKUS Abigail A. Wickham, Esq., Box 1424, Mattituck for JOHN DiVELLO Mr. and Mrs. John C. DiVello, Box 1402, Mattituck 11952 Town Clerk Bulletin Board Board of Appeals Bulletin Board Building Inspectors Lessard and Supervisor and Town Board Individual ZBA files Suffolk Times L.I, Traveler ? hand delivered (Office) HiDdermann 2/26/85 12:15 p.m. Southold Town Board Appeals -25- Februar , 1985 Regular Meeting Environmental Quality Review Act (SEQRA) of the Environmental Conser- vation Law, and Chapter 44-4 of the. Code of the Town of Southold, and after reviewing each of the following matters, the board declared Negative Declarations, as follows: S.E.Q.R.A. NEGATIVE ENVTRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3325 PROJECT NAME: DOUGLASA. COOPER 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 Envirorunental 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: [ ] Type II [~] Unlisted [ ] DESCRIPTION OF ACTION: To construct stable (pole barn) on a 2.4±-acre parcel for the keeping of horses (presently vacant land). LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: R-0-W off N/s BErgen Avenue, M%ttituck. REASON(S) SUPPORTING THIS DETEP~IINATION: (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) ,'he barn as proposed is landward of existing principal buildings. (3) The property in question'is at an elevation of lO or more feet aboveimean sea level. JUDITH T. TERRY TOWN CLERK OFFICEOFTHETOWN CLERK TOWN OF SOUTHOLD January 9, 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. 3325 application of Douglas Cooper for a variance. Also included ~s Notice to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to N.Y.8. Tidal Wetlands Land-Use; application for Building Permit; Notice of Disapproval; survey; and plans. :: Judith T. Terry.~ ,~outhold Town CTerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ~,~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ,We . ................. ...... ~a..~L~.-r~..~ ........................................................ ~., ....... ,~,~ ~o Municipality-----~te THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ....... ~.~.~..../~...7 ...... ~ ....... .~..p...~,~ ......... ~ame of Applicant for pea'nit .......... ~..~'.r~.~.~.~. ....~?.~ ................. ~.~..:.'.A....~X ............. ~:gf....: ....... Street an~' Number Municipality State // of PERMIT TO USE PERMIT FOR OCCUPANCY i~W. RMTT ?O BUT:LD 1 LOCATION OF -['HE PROPERTY ...... ~...... ,~.Z.~.....~../~.~..' ....... ..~..e~.,/'~ .......... ~..~........~.../'.~...~,....)4Jl~. Street art(:1 Hamlet ~one /vtop 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.) Article I !' , Section i C ~'; - 7% b A 3. TYPE OF APPEAL Appeal is made herewith for (/h~) 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)~. 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 i and was made in Appeal No ................................. Dated ..................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsechon 3 A Variance to the Zoning Ordinance ) is requested for the reason that we would like Form ZB1 (Continue on other side) 'REASON FOR APPEAL Continul~ 'i' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or sc:fy HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property~.~ in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CflARACTER OF THE DISTRICT because THE COUNTY OFZ--q,JFFOL~'~- ) Sworn to th,s ........... .q~. ...................... do~o~ ....... Notary Public LINDA F. KOWAL$:(I NOTARY PUBLIC, State of ~:e.v ¥~ No, 5~,452477l Commbeior~ Expires M,~rch 30, l~&~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of : to the Board of Appeals of the Town of Southold : TO: ~.. , ~,.~ . NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it~L~Ja~!ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Special Exception) (Special Permit) (Other) [circle choice] 2. That the pr.~op~rty which~ is~th.~ sul~l,~ ofrLhe eetition~ is located a~iacent to your property and is des- cribg~as~ollo~s: ~ ~ r v. ~. ~ ~ ~ ~ .,4 3. That t,he p~operty which j~the s~bject of such Petition is located in the following zoning district: · . , lhat by~uch Pet'ti/o~, the undersigned will requ.~ the f~ollow~g relief: .~~ ~ 5. That the provisions of the Southold Town Zoning Code apl~licable to the relief sought by the under- signedare Article ~ Section /O(~L")[-'~ 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. (5'16) 76'5-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post O,~% ,~c~l~s ,,/~, NAME PROOF OF MAILING OF NOTI~F ATTACH RECEIPTS CERTIFIED MAIL, Form 3811, July 1983 DOMES7 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: . residing at ~ ~ _.~, ' , being duly swan, dL~OSes and s~¥s that kn ihe ~ day' of ' ~t~ O. ar~L ~'~' ,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 addresse~ 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.Tow.n (certified) (registered) mail. Sworn to before me thisQ /0~' day of ~l,lt~~, 19 ~.~ t of Southold; that said Notices were mailed at the United States Post Of- ' . ; that said Notices were mailed to each of said persons by LINDA F. KOG;ALS~I N01ARY pUBLIC, State of New gld~ Ho. 52-452477~ The ;;.Y.S. mission of thi made by this Environmental Quality Review ,rm, arid an envir'orlmenlal before any action s t Act requires sub- view will be SMORT ~NVIRON~ENTAL ASSESSMENT FC~.~ (a) In order to answer the questions in this short gAF ia ia assumed that the preparer will use currently available infox-?.atio] concerning the project and the likely impacts of the action, It is not ex, petted that additional studies, research or other investigations will be undertaRen. (b) If any question has been answered Yes the p~oJect may be significant and a completed Env!ronm. ental Assessment Form is necessary. (c) If all questions have been answered No i% is likely that this project is nc~ significant. (d) Envirornental Assess.ment 1. Will project result in a large physical cbmn~s to the project site or physically alter more 2. Will there be a major change to any unique or unusual land form found on the site? , , , Yes / No . . Yes ~ No Yea ~ No Yea ~ No Yes ~ No Yes ~ No Y~s 3. Will project alter or have a large effect on an existing body of water? . , , , . , · &.Will project have a potentially large impacb on groundwater quality? . . . . . . . . , WLll project significantly effect drainage fl~w 6. Will project affect any threatened or endangered plant or an~nal species? , o . , o , , · · 7. Will preject result in a major adverse effect on 8, Will project have a major effect on visual cha1~- attar of the co~munity or scenic views or vistas ...~ kno',,m to be important to the con. unity? , , , .,, Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-~istoric, or paleontological importance or any site designated as a critical environment~l area by a local agency? , · · Yes_~_ No 10. Will project have a major effect on existing or future recreational oppor~unitiea? . . . Yes..~ No 11. Will project result in major traffic pro,lams or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ante as a result of the project's operation? . Yes~ No 13. Will project have any impact on pub].ic health or la. Will project Affect the existing co.unity by directly causing a ~rowth in permanent popula- tion of more taan ~ percent over a one-year period or have a major negative effect on t~e V characte-~ of the com.~unity ~r neignborhooo?.. Yes [5. Is there public controversy concerning the project? . Yes A-No REPRESENTING: ~ DATE: 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 Brook, 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. [ ] 2. Waterfront without bulkheading Waterfront with bulkheading in good conditio~ [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area I ] 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 I0~ 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. [ ] 7. 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 State Law and to prewnt any unnecessary delays in processing your application(s). Io/831k : ~.0~G 6,2A \ ~F X \ Service Agency,