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Home My WebLink About3307 SoUthold Town Board o£Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3307 Application Dated November ]9, TO: Mrs. Adele V. Deckinger P.O. Box 960 Jamaica, NY 11431 1984 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 24, 1985, 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 [X ] Request Article , Section for Variance to the Zoning Ordinance III , Section 100-32 [ ] Request for Application of ADELE V. DECKINGER, Box 960, Jamaica, NY 11431, for a Variance to the Zoning Ordinance, ~ticle III, Section 100-32 for permission to locate inground swimmingpoo] and accessory building in the frontyard area at premises known as 3805 Soundview Avenue, Matti- tuck, NY; County Tax Map Parcel No. 1000-94-01-20. The board made the following findings and determination: This is an appeal from Article III, Section 100-32 of the Zoning Ordinance which requires all accessory buildings in the "A" Residential and Agricultural Zoning District to be located in the rearyard area. The premises in question is located on the North Side of Soundview Avenue, Mattituck, New York; and more particularly known and referred to as County Tax Map Parcel 1000-94-01-20. The subject premises contains an area of 56,000± sq. ft. with 90' frontage along the L.I. Sound and 90' along Sound View Avenue. The topography of this property is at its highest elevations 95' above mean sea level in the frontyard (south of the existing dwelling) dropping to a five-foot elevation from the rear of the house to the L.I. Sound. The premises is improved with a one-family dwelling, located approximately 325 feet from Sound View Avenue, 20 feet from the easterly side property line and 32 feet from the westerly side property line. Applicant proposes a 20' by 40' swimmingpool and fence enclosure and 10' by 15' accessory "dressing room" structures to be located in the frontyard area approximately 290 feet from Sound View Avenue and approximately 15' from the westerly side property line. In view of the foregoing and in considering this appeal, the board finds as follows: (1) that practical difficulties do exist due to the topography, the character and the dimensions of this parcel; (2) no adverse effects will be produced on neighboring properties or on available governmental facilities of increased population; (3) the relief requested will be in harmony with the purposes and intent of zoning; (~) the relief requested is not in the board's opinion substantial since the normal setback for a principal building is at 50 feet from the street; (5) that the difficulty cannot be obviated by some method, feasible for the applicant to pursue, other than a variance due to the existing setbacks and topographical natures, (CONTINUED DATED: January 30, 1985. Form ZB4 (rev. 12/81) ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3307 Matter of ADELE V. DECKINGER Decision Rendered January 24, 1 985 and (6) that in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3307 in the Matter of ADELE V. DECKINGER for permission to construct accessory swimming pool and storage/dressing room structures in the frontyard area, BE AND HEREBY IS APPROVED AS APPLIED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the subject structures be approximately 290' to Sound View Avenue see survey-sketch plan); located not closer than {which is as requested-- 2. That the subject structures be located not closer than 15' from the either sideyard area; 3. That the subject structures not be used for habitable purposes; 4. That there be no lighting that would be adverse ing properties. to neighbor- Location of Property: 3805 Sound View Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-01-20. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent.) This resolution was adopted by unanimous vote of all the members present. lk GERARD P. GOEHRINGER, C~2~IRMAN January 30, 1985 NOTICE IS HEREBY GIVEN, pursuant to Sec-tion 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, JANUARY 24, 1985, commencing at 7:30 p.m. and as follows: 7:35 p.m. JOSEPH AND ARLENE LESTINGI, 210 Fifth Avenue, New York, NY lOOlO, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage in the frontyard area at premises, 1150 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. 7:40 p.m. HENRY J. SMITH (R. Bruer, Esq.) for a Variance Section 106-20 and Article VIII, insufficient width (frontage) in land located at Carroll Avenue, & SON, INC., Main Road, Southold, NY to the Zoning Ordinance, Article II, Section 100-81, for approval of this proposed set-off division of the East Side of Peconic Lane and West Side of Peconic, NY; County Tax Map Parcel No. 1000-74-3-19. 7:50 p.m. LAUREN KRUG, 200 Horton Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to attach accessory garage to dwelling for expansion of living area, thereby leaving an insufficient' rearyard setback, at 200 Horton Road, Cutcho9ue, NY; County Tax Map Parcel No. 1000-104-1-12. 7:55 p.m. GARY DOROSKI, 425 Monsell Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage building in an area other than the required rearyard at 425 Monsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-8-27, Norwald Subdivision Map 1275, Lots 31 to 35 inclusive. 8:00 p.m. FRANK FIELD REALTY INC., Box 631, Greenport, NY for Variances to the Zoning Ordinance, Article III, Sections 100-31 and lO0-30(A)[1] for approval of the construction of a two-family house (and retain a one-family dwelling on the northerly half of the premises (Lots 60 and 59); premises identified as County Tax Map --Parcel Nos. 1000-48-03-20, 19, 8 and 9; Greenport D~iving Park -Subdi'vision Lots 60, 59, 26 and 28. 8:10 p.m. CELIC REALTORS INC., Box~ 1247, Mattituck, NY for a Variance ~o the Zoning Ordinance, Article VII, Section 100-71 for permission to build addition with an insufficient rearyard setback from the easterly property line, premises identified as 10200 Main Road (and Marlene Drive), Mattituck, NY; County Tax Map Parcel Page 2 Regular Meeting for 1/24/85 Legal Notice of Hearings Southold Town Board of Appeals No. 1000-143-3-1. f 8:20 p.m. ADEL~E ~: DECKINGE____~R, Box 960, Jamaica, NY 1143t, fo~rr~ ~ a Variance to the Zoning Ordinance, Article III, Section. 100-32 forf p~ermission to locate ingr°und swimmingpool and accessory bu~lding~-- in the frOntyard area at premises known as 3805 Soundview Avenue,~ ~attituck, NY; County Tax Map Parcel No. 1000-94-1-20. ~ 8:30 p.m. SERGE J. DOYEN, Box 263, Fishers Island, NY 06390 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels in a proposed set-off division of land located at the South Side of Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-6-6-1; containing a total area of 3± acres. Said Board of Appeals will at same time and place hear all persons having ~nterests or concerns of such matters~ .~W~itten ~omments~may~alsoi'be~s~bmitted prior to or during the subject hear- ing. Dated: January ~, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. ~OEHRINGER CHAIRMAN By Linda E. Kowalski, Secretary (51.6) 765-1809 (alt. 1802) ~nstruction~ to newspapers: ................. Please publish once, to wit: Thursday, January 10,1985, and forward ..8 affid~vi, ts of publication by'1/15/85 to: BQard of Appeals, .Main Road, Southold, NY 11971. TOWN OF SOUTIZIOLD I~UILDtNG DEPARTMENT TOBrN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date F~E~SE T~E NOT~CE ~a~,o~, ~t~= da~, ....O~:.. ~ ............. ~.~ h'ou~ No. Street Subdiv~on ..... ~ ....... Filed Map No.. ~..' ............ Lo~ No .................. ./.~. ~~. . ~ . ~~ . ~. . ~ :. :~~ ...... ~ . . .~. . .~ ~~ . . .~<+.~ : ~:. ~ ..... Building Inspector aY 1/~0 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. f~ f/ DATE ...... .... TO THE ZONING BOARD OF APPEALS, TOWN OF_SOUTHOLD, N.Y. - (We) _A.d~ie-V. Deckznger P. 0. Box 960 1, - ............................................................... of ............................................................................ Name-of Appellan~ Street and Number Jamaiea ............... - ...............New York~-ll4~! ~REBY APPEAL TO - ' ....... ............. : .............................. ........ THE ZONING BOARD OF- APPEALS FROM THE DECISION OF~THE BUILDING INSPECTOR ~ON APPLICATION DATED~6 0~.8~OR: In,round swimming ~ool & dressing room WHEREBY THE BUILDING INSPECTOR DENIED TO Ad~!e V. Deekinge~ Name of Applicant for Permit of P.0.Box 960 Ja~aic a. New Y~r~--ll~31 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Zr~Eround swimmir~ pooi a dressing room 3805 S o~vaew Ave,~iattz~uck,NY--l1952 I [~OCAT1ON OF THE PROPERT'K ........................................... ; ........................................................ Street and ~mlet Zone Adeie V. Deokin~er .0.9.4. Q1 020 ( S ) · . ....... OWNER .... MaD No. Biook NO. Lot No. Dec.!976 DATE PURCHASED: · · . 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub- section and Paragraph of the Zoning Ordinance by qumber. Do not quote the Ordinance ) Article II/ , Section ~00.3~ 3, TYPE OF APPEAL Appeal is maae herewith for (z~ ' 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 ~t) 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 Place pool in front yard ~orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE wouM produce practical difficulties or unneces- sary HARDSHIP because = '~ +~' '~ ~ "~ ~ '~-'~' ~e _~ ..... ~ '~'~:~<~ ~" ~-~-~ ~ ~ 30~ ~e~3 is abou~ 32' f~m o~_~ ..... 2. The hardship created is UNIQUE and is not shared ay all properties alike q the immediate vicmiL of this property and in this use district because owner back yard bacon, se their lot is ~uch l'ar~er (n~ly three ~oz'es) ~d house _s ~t ~d he.se is set baok even i'ur%her Prom bluff ~no pool}~ Only Iz¢~O ab~tto~s as property faoes Lon~ Is~nd Sound, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no¢h2ng ~otz~8 be vis&bio £ro~ the r0,%¢2 for minimum of 300' due ~o slight elevat!cn and trees a~_d new stookade fence (zo be afeared areun~ pool). STATE OF NEW YORK ) ) ss Signature Sworn to this ................... L..~..~ ............. day of ..........~.~.,.~/,'<~ ..................... 19r~, Notary PuNic HELEN K DE NO!AR'{ PUBLIC, SLate o~ New York i%, ~?07878. Su~fo!k OWNER ~] STREET ]ViLLaGE ' DISTRICT [ SUB. LOT ' FORMER OWNER E /_~, *, ;. ¢ / ACREAGE TYPE OF BUILDING RES. SEAS. VL LAND IMP, TOTAL AGE NEW NOPJC~AL Farm Acre Tillable 1 'Tillable 2 Tillable 3 Woodland FARM COMM. IND. I CB. I MISC, Est. Mkt. VahJe DATE BUll_DING CONDITION BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK '',Total Brushland House Plot Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L,I., N.Y. llB?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS December 13, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3307 PROJECT NAME: ADELE V. DEC/fINGER 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: DESCRIPTION OF ACTION: ' ~] Type II [ ] Approval of in-ground building in front yard LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: Soundview Ave., Mattituck~ NY County Tax Map Parcel ~1000-094-01-020 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 premises in question is above mean sea level. Unlisted [ ] pool and accessory more at an elevation of 10 or more feet 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 the Town Clerk Bulletin Board. Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E, KOPPELMAN February 15, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Marie J. Patterson Joseph Grasso Joseph & Arlene Lestingi John Bertani & Alexander Koke Adele V. Deckinger~ Henry J. Smith & Son, Inc. 3277 3286 3296 3300 3307J 3309 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner VI~TERANS M£MORIAL HIGHWAY HALIpPAUGE' L' I" NEW YORK 11788 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- ~:TATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 January 30, 1985 Mrs. Adele V. Deckinger P.O. Box 960 Jamaica, NY 11431 Re: Appeal No. 3307 - Variance Application Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may Re applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Suffolk County'Planning GERARD p. GOEHRINGER Secretary Commission Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 50LITHOLD, L.I., N,Y. llg?l TELEPHONE (516) 765-t809 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.: 3307 Applicant: ADELE V. DECKINGER Location of Affected Land: #*)% S0undview Avenue, Mattituck County Tax Map Item No.: 1000-94-0]-20 Within 500 feet of: __ Town or Village Boundary Line ×× Body of Water (Bay, Sound or Estuary) [.I. Sound __ 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 ]0cate accessory swimminqpool,qnd dressinq-room structure in the "frontyard" area. Copy of findinq~ and determination also attached. Copies of Town file and related documents enclosed herewith for your review. Dated: J.~nuary 31, 1985. .~~ .~/~-o~ ' J-./{ ! ~dcretary, Board of Appeals ' .... ~-~ ~acer .oc Co be used for ,re-aratt-~ - ~ -~'~ · -~" ~, "' ~ ' " /~- ', ---- ~ ~ ~* '~-smption by ~afanrs under 6 ~~_ ! . ~.. ; ~ ~ ..~ ..... ·: :: - r~ ~L~a ...... ,- _- ' , ~r~ L TEST W High Nitrate~ - Water not to be used for preparation of baby formula or consumption by infants under 6 mos. of age. Chief of General · :: ~, /' --'7 LICENSED LANDSURVEYORS GREENPORT NEW YORK ~UFFOLK CO. HEALTH DEPT. APPROVAL ,, H.S. NO. _S.T__A_T.E M_E_N [ OF_IN__T_EHT THE WATER SUPPLY AND SEWAGE DISPOSA SYSTEMS FOR THIS RESIDENCE WlL CONFORM TO THE. STANDARDS OF TH SUFFOLK CO, DEPT. OF HEALTH SERVICE-~ APPLICANT SUFFOLK COUNTY DEPT. OF HEALT; SERVICES-- FOR APPROVAL CONSTRUCT ION ONLY DATE: ................ H. s. RE . APPROVED: ........................ SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. /ooo o9,~ I 2:0 OWNERS ADDRESS: l~o x ,.~t,~.,~Y, I/'~ ? 1 DEED: L. 4 9/5~ P. /4 ~./A;'d~.) TEST HOLE STAMP 17 SEAL Page 12A L II I Notice LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held by the Sauthold Town Board of Appeals at the Town Hall, Main Read, Southold, NY att a Regular Meeting on THURSDAY, JAN- UARy 24, 1985, commencing at 7:30 p.m. and as follows: 7:35 p.m. JOSEPH AND AR- LENE LESTINGI, 210 Fifth Avenue, New York, NY 10010, for a Variance to the Zoning Or- dinance, Article III, S~ction 100- 32 for permission to locate acces- sory garage in the frontyard area at premises, 1150 Sound Drive, Greenpert, NY; County Tax Map Parcel No. 10o0-33-04-0Ol. 7:40 p.m. H~NRY J. SMITH & 8ON, INC., Main Road, Sauth- old, NY (R. Bruer, Esq.) for a Variance to the Zoning Ord/- nauce, Article II, Section 106-20 and Article Viii, Section 100-81, for approval of insui~cient width (frontage) in tiffs proposed set-off division of land located at the East Side of Peconic Lane and West Side of Carroll Avenue, Peeenic; NY; County Tax Map Parcel No. 1000-74-3-19. 7:50 p.m. LAUREN KRUG, 200 Horton Read, Cutchogue, · NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for permission to attach accessory garage to dwelling for expalmion of living area, thereby l~aving an insufficient rearyard s~thack, at 200 Horton Read, Cutohogue, NY; County Tax Map Pardi No. 1000-104-1-12. 7:~5 p.m. GARY DOROSKI, 425 Monsell Lane, Cutchngue, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for permission to locate ac~seery storage building th an area other than the required rearyard at 425 Mousell Lane, Cutohogue, NY; County Tax Map Parcel No. 1000-97-8-27, Nor- wald Subdivision Map 1275, Leto 31 to 35 inclusive. 8:00 p.m. FRANK FIELD REALTY INC., Box 631, Green- port, NY for Variances to the Zoning Ordinance, Article III, Sections 100-31 a~d 100- 30(A)[1] for approval of the con- st~uction of a two-family house !and retain a one-family dwell- hug on the northerly half of the ?emises (Lots 60 and 59); prem- ises identified as County Tax Map Parcel Nos. 1000-48-03-20, 19, 8 and 9; Greenport Driving Park Sub~livision Lots 60, 59, 26 and 28. 8:10 p.m. ROBERT A. CELIC, Box 1247, Matt/tuck, NY for a Variance to the ZOning Orain,~ce, Article VII, /~ction 100-71 for permission to build ad- dition w/th an insufficient rearyard setback from the eas- terly property line, premises identified as 10200 Main Road (and Marlene Drive), Mattituck, NY; County Tax Map Parcel No. 1000-143-3-1. t/ff~8:20 p.m. ADELE V. DE-' CHANGER, Box 960, Jamaica, NY 11431, for a Variance to the/ Zoning Ordinance, Article HI, 1 Section 100-32 for permission to locate inground swimmingpool and acc~8ory building in the f~ontyard area at premises known as 3805 Soundview Av- enue, Mattituck, NY; County Tax Map Parcel No. 1000-94-1, ~0. 8:30 p.m. SERGE J. DOYEN, Box 263, Fishers Island, NY 06390 for a Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels in a proposed set-off division of land located at the South Side-of Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-64L1; con- raining a total area of 3 · ac~s. Said Board of Appeals will at said time and place hear all per- sons having interests or concerns of such matters. Written com- ments may also be submitted prior to or during the subject hearing. Dated: January 4, 1985. BY ORDER OF ~ ~O~PHOLD TOWN BOARD OF &PPE~ GEP~.RD p. GOEHRINGER CHAIRMAN By Lin~ F. Kowalski, (516) 765-1809 (alt. 1802) 1TJ10-4761 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANNA LEKKAS . of Greenport, in 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 is a printed copy, has been regularly published in said Newspaper once each week for ON~a weeks successively, commencing on the l0 dayof January 19 85 Principal (~lerk Sworn to before ma this 10 dayof January 1985 ZONING BOARD OF APPEALS ToWN HALL MAIN ROAD- S.R. 25 sOUTHOLD. N.Y. 11971 NOTICE IS tW, mEBY Gl~- ~N, I~]m~m~t to Section 267 of following public helrtng~ will be held by the Southoid Town Board of Appeals at the Town H~, Main Ro~d, Southold, blY at a Regular Meeting on THURSDAY~ JANUARY 24, ~985, commencing at 7:30 p.m. and as follows: 7:35 p.m. JOSEPH AND Avenue, blew York, NY 10010, for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for permission to locate accessory g~rage in the front- yard area at premises, 1150 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33.04-001. 7:40 p.m. HENRY J. SM~.. & SObl~ INC., Main Road, Southoid, NY (R. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article II, Section 106-20 and Article Viil, Sec- tion 100-81, for approval of insufficient width (frontage) in this proposed set-off division of land located at the East Side of Peconic Lane and West Side of Carroll Avenue, Peconic, NY; County Tax Map Parcel No. 1000-74-3-19. 7:50 p.m. LAUREbl KRUG~ 200 Horton Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IlL Section 100-31 for permission to attach accessory garage to dwelling for expansion of living area, thereby leaving an insufficient rearyard setback, at 200 Horton Road, Cut- chogue, blY; County Tax Map Parcel blo. 1000-104-1-12. 7:55 p.m. GARY DOROSKI~ 425 Monseil Lane, Cntchogue, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for permission to locate accessory storage building in an area other than the required rearyard at 425 Monsell Lane, Cntchogue, NY; County Tax Map Parcel No. 1000-97-8-27, Norwald Subdi- vision Map 1275, Lots 31 to 35 inclusive. 8:00 p.m. FRANK FIELD REALTY INC., Box 631, Greenport, NY for Variances to the Zoning Ordinance, Article IH, sections 100.31and 100-30(A)[1] for approval of the construction of a two- family house (and retain a one-family dwelling on the northerly half of the premises (lots 60 and 59); premises identified as County Tax Map Parcel Nos. 1000-48-03-20, 19, 8 and 9; Greenport Driving Park Subdivision Lots 60, 59, 26 and 28. ? 8:10 p.m. ROBERT A. CE- LIC; Box 1247, lviattituck, for a Variance to the Zoning Ordinance, Article VH, Section 100-71 for permission to build addition with an insufficient rearyard setback from the easterly property line, pre- mises identified as 10200 Main Road (and Marlene Drive), Mattituck, blY; County Tax Map Parcel Ho. 1000.143-3-1. /~8:20 p.m. ADELE V. DECK-~ 'INGER; Box 960, Jamaica, 11431, for a Variance to the~ Zoning Ordinance, Article IH, Section 100-32 for permissio~ to locate inground swimming ~ and accessory building in ihe frontyard area at premises mown as 3805 Soundview Avenue, Mattituck, blY; Coun- j Tax Map Parcel No. 1000~ 4-1-20. 8:30 p.m. ~ EH. Box 263, Fishers Island, NY 06390 for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels in a proposed set-off division of land located at the South Side of Fox Avenue, Fishers is.l , X;.Cou ty Tax Map COUNTY OF SUFFOLK STATE OF NEW YORK PaJricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a pu~ulic newspaper printed at SouthoJd. in Suffolk County; and that the notice of which the annexed is a printed copy, i'.as been published Jn said Long Island Traveler-Watch- man once each week for .. ~ ..weeks successively, commencing on the ... /f.../~ .......... Sworn to before me this ........... /~'~. ................ day of 19.:.~.).~.. Notary Public BARBARA FORBES Notary Publlc, State of New York No. 4806&16 Qualified in S~ff£olk County Commission Expires March 30, 19 £~' SoutholdBoard o£Appeals Town APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARt. ES GRIGONI$, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Ik Enclosure Copies together with Legal Notice Mr. and Mrs. Joseph Lestingi Mr. David E. Kapell, as agent for Rudolph H. Bruer, Esq. for Henry J. Henry J. Smith & Son Inc. Mrs. Lauren Kurg Mr.~ary Doroski Fra~ Field Realty Celil~ Realtors Inc. Mrs. Adele V. Deckinger Anthony B. Tohill, Esq. for Serge Doyen forwarded Lestingi Smith, & to the following 1/4/85: Son Inc. lapp Southold Town Board o eals MAIN ROAD- STATE ROAD 25 9OUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 13, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q . R . a . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H, SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3307 PROJECT NAME: ADELE V. DECKINGER 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: DESCRIPTION OF ACTION: ' ~] Type II [ ] Unlisted [ ] Approval of in-ground pool and accessory building in front yard LOCATION OF PROJECT: Town of Southold, County o~ Suffolk, more particularly known as: Soundview Ave., Mattituck, NY County Tax Map Parcel ~1000-094-01-020 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 premises in question is at an elevation of 10 or more above mean sea level. feet 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 the Town Clerk Bulletin Board. JUDITH T. TERRY TOWN CLERK REGISI'RAROI VITAL SI~\IISTI('S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 19, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Souhtold Town Clerk Transmitted herewith is zoning appeal No. 330T application of A_ddele V. Decking~r for a variance. Also included is Notice to Adjacent Property Owner; Notice of Disapproval from the Building Department; letter relatSve N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; and survey. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD~ N. Y. ~dele V. Deckin:~er P. ~..~ox 960 1, (We) ................................................................. of ............................................................................ d amaica Name of Appellant Street and Number i~ew York-- lle}l ...................................... ................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:26 Oct.8~OR: tn r,;und swi:.~Jn pool ~ dressin: room WHEREBY THE BUILDING INSPECTOR DENIED TO ~de!e V'. Dec]in er of ?.~.~o× '60 O~ aic a:, Hew Street and Number Municipality State ( PERMIT TO USE PERMIT FOR OCCUPANCY (X PERMIT TO BUILD ir! r}und swir:in poe. 1 e dr:s~im room I LOCATION OF THE PROPERTY 3805 ~oun~vlew .~ze,~.~ttlt~ck,lNZ--l1952 S~reet ~d ~let Zone ndele ~. Dec:in er 094 01 020 O~ER(S): . .................................... No. .................. No. ................... ' .....' ........... DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Iii , Section 100-~2 3_ TY/PE OF APPEAL Appeal is made herewith for (~")' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~9,~t) 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 ................................. Doted ...................................................................... ( ) ( ) REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we would like to ForTh 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:~tin buJ. ldir~ (one-f~,.~ i~y r~nch,35' wide by 30' dee~) is about 32' frgm bluff line, which is 85' to ~0' in elevatio~~. ¢]idth of lot is only ~0' and would pool (20' by ~,0') o~ either side of house. Back y~rd also would ~ot a;ccorodate pool becau, se D.~.C. woul~ not v~ermit any-new structure so close to the bluff ~n~ also w; ter well is i~ back ya~rd. Therefore front yard is all that re, aires. If pool and dreseinG roo are built i~- fromt yard they would still be a ~ti~[mu of 300' frown road and not vis~_ble through trees (or new stock ~e fe;~ce to be erected). 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 owt~er Ce eb.~% h,:~s peel in b~.c~ ?a~ct Oecau~ the~,r lot is ~uch i~r er (r, early three acres) their house is set back further fro~ bluff. Ow:er~, to west has ala~ uch ~_~!m ar or~ooerty (nearl~'~our acres) s.rd house -~.s s~t ~ck even further ~r~?'; bluff (no p~,.~l). Only two abuttore ~s ?roperty ft~ces ~on zsl~d 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CflARACTER OF THE DISZRICTbecause ~;ot'~q_~r' w:ulc] be vi_$~'ble Jfro ~ -c, he roa;d for '~i,num of 300' due to s]_~ ht e!ev~t~c'n a~d traes a~d row etockade fe~oce (to be erected ar~u~d pool). STATE OF NEW YORK ) COUNTY OF ) ss Sworn to this ......................... {'..~...~. ......... day of ............ '~-~~ ............... 19 ~-f Notary Public tlE[EN K DE VOE NOTARY ?UOI lC. Stat'.' of ie~, "3rk No 4707878. Suffolk County,¢. BOARD OF APPEALS, TOWN OF SOUTHOLD In_the Matter oT the Petition of ~dele V, Deck~nter to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of 5outhold to request a~(Special Exception) ($pe¢ia! Permit) (Other) [circle choice] ). 2. That the nrooerty~ which is the subiect of the Petition is located adiacent to your property and is des- cribedasfolJows' 7805 $oundview ~enue, ~[attituck, New York--Il952 aD 0~$, ~lOC~ !3±, ~0~ 020 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: Pe_ ,~o,~_ _ t, ou.~.± r ~ .~,1 m dreosln room in front yard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~IX Section 100-32 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: / ~ ~ove='ber 1984 DecKzn ~er Petitioner ~,dele V. ' ' Post Office Address P.O.Box 960 da:!alca, New iork--l1431 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr Robert Le~zner Ers Jean Lenzner Sound¥iew ~¥enue Bo× 579 Matt~tuck, New York--il952 Soundview nssocis~tes ~ Paul ~iaylor 2? ~an Dam Street ~ew York City-10013 P 624 309 852 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR ~NTERNATIONAL MAIL (See Reverse) p State an ZiP Co e Certified Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Detivered Retu n r~eipt showing to whom, Date, and Address of Dehve~ Post maaS/at e~ P 624 309 844 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEO NOT FOR INTERNATIONAL MAIL (See Reverse) P.O St te add ZiP Cod Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return recei ing to whom, Date a~elive~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~ ~ ~ ~ ~) , being duly sworn, deposes and says tha~n the ~ 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 their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curreny ass~s~oll of the Town of Southold' that said Notices were mailed at the United States Post Of- riceat ~ ~ ~1 '~ ' ~ p ;that said Notices were mailed to each of said persons by ~certified) (~:::rcd~ ~ail. S.o n to b for thi day of ~~ ,19 f~' H~Lf.~ ~ ~[ ~ ~ ~C~ NO,ARYPUBLlC. State of New York No. 4707878. Su~fo'.k Countyct~ Notary Public Term Exp.es March 30. 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, 13uilding 40, S.U.N.Y.0 Stony [3rook, NY 11794, (tel. 516o751-7900), 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. [ ] 3. l ] 4. ! ! I I 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 walerfront 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 andward edge of tidal wetlands/waterfront areas. 6. 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,5, Department of Environmental Conservation for their review and approval, If you are able to provide them with recent photograpi~s of tile project and wetland areas, it would help expedite the processing of your applica- tion, This questionnaire is made to explain the requirements of this 5tare Law and to prevent any unnecessary delays in processing your application(s), The ];.Y.S. E~Jvlronmen[al quaJiL.y i<(:vi~::w LcC ruli~Jlr~-~s sub- mtsstoll of Lht rm, ~rld all erlvironmer~Lal riew will be made by this b before any action is t SHORT ~NVIROTD<ETIT~L ASSES.~MENT F~PJ~ INSTR~TICNS~ (a) In ordgr to answer the 9uestions in this short EAF la is assumed that preparer wi!! use currently available inforr.~ticn concerning the project and likely impacts of the action. I~ is no: e~ec~ed t~ additional s~udies, or o~her investigations w~i be ~derta~en. (b) If any question ha~ b~en answered Yes the proJec~ ~y be si~iflcan~ and cc~pleted Enviro~men~al A~e~$men~ Fo~ i~ necescarf. (c) If all quos=ions have been answered No i~ is l~ely t~ ~hts project net significant. (d) Envirc~nental Amsessment 1. Will project result in a large physical change to the project site or physically alter more th~n 10 acres of land? · · · * · . · * · * * Will there be a major change ~o any unique or unusual land fo~ fo~d on %he ~l%e? . , · W~I project al%er or haw a larg~ mffec% on an existing body of wa%er? · , · , · * · · W~I proJec~ have a po~entially large ~ on W~i projec% st~ificantly effec~ drayage ~ 6.Will project affecu any %~ea%ened or endangered plans or anal species? . . . . · · . * * 7. W~I prc3ect reset in a major adverse effect on 8, W~I proJec~ have · ~mJor effec~ on visual kno~ :o b~ ~por~an% ~o the com.muni%y? , . · 9. Will pro~ec: advers~l~ ~pac~ any ~i:~ or ute of his%eric, pre-nis~oric, or paleon:ological importance or any sits d~si~a~sd as a 10. W~I project have a ~Jor sff~ct on exts%~g 11. Will project result in ~3or traffic problems cause a major effect to existing transportation 12. Will proJec~ reg~arly cause objectionable noise, glare, vibration, or electrical di~tur~ anco as a res~ of the project's operation? · 13. Will proJec~ have any impact on public health or 1~. Will project ~ffect %he existing co,unity by directly causing a ~row:h in permanent pop~a- ~ion of more than 5 percent over a one--year period c~ have a major negative effect on t~.e REPRESENTI~:G: .~ ~ Yes / No Yes d No Yes Ne Yes / No Yea ~'~No Yes Y~e Yes g/ No / Yea ---- No Yes M/ NO Yes / Yes No Yes ~ No / Yes ~o Yes --/No