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HomeMy WebLinkAbout3235GFRTEnnF ~ Al T S/S East Rd., Cutchogue /~.~5/31/84 CA-construct new dwelling which places accy. storage bldg. in fro~tyard area, NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southotd, NY on Thursda_~, May t7, 1984, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GRIFFO, 280 Basin Road, Southold, NY for a Variance to the Zoning Ordinance, Article tII~ Section 100-32 for permission to construct accessory building in an area other than the rear yard, at 280 Basin Road, Southold, NY; C~unty Tax MaD Parcel No. 1000-081-01-019. 7:40 p.m. Application of JAMES ANDERSON, 16 Waverly Place, New York, NY for a Variance to the Zoning Ordinance, Article XI, Section lO0-1tS(O) for permission to reinstate nonconforming dwelling use of building in this B-1 Business Districts 300 Moore's Lane (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel No. 1000-109=02-008. 7:45 p.m. Application for JOHN WICKHAM, by Wickham, Wickham and Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises as a business office for marine contracting, with accessory use for storage and repair of contractor's own vehicles and equipment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052-05-058. 7:50 p.m~ Application of JOSE V~ RODRIGUEZ, Box ll3, Fishers Island, NY for a Variance to the Zoning Ordinance, Article VII, Sections lO0-70(A) and lO0-71, For permission to construct dwelling ~n ~nis B-1 Business District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01- 001.002. 8:00 p.m. Application of JOSEPH FISCHETTI, Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article V, Section lO0-50(C)[1] for permission to erect sign with less than four-foot clearance from ~round, at 52800 C.R. 48, Southold, NY~ County Tax Map Parcel No. 1000-051-05-002. 8:05 p.m. Application of ROBIN E. CARR, 811 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct inground swimmingpool ~n the sideyard area, at 315 Brown Street, Greenport, NY; County ~age - Legal Notice ~earings Sout:hold Town Board of..~ppeals... Regular Meeting of May 17, t984 Tax Map Parcel No. 1000-048-03-042.3. 8:10 p.m. Application of ROBERT W. GILLISPIE, iii, Box lll2, Southo!d, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, N¥~ County Tax Map Parcel No~ 1000-061-02-07 and part of OB. 8:1§ p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IX, Section tOO-g3 for permission to construct office building with an insufficient frontyard setback, at 1515 ¥oungs Avenue, Southold, NY (!'C-l" General Industrial Zone); County Tax Map Parcel No. 1000-60-I-6. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section lO0-80(B) for permission to construct office and storage building in this "C-1~ General Industrial District, at 1515 Youngs Avenue, Southold, NY; County Tax Map'Parcel No. 1000-60-1-6. ~ P~in Road, Cutcho~ue, NY for a Variance to the Zoning Ordinance, . Article III, Section 100-o2' for permission to construct new dwelling ~/ which places accessory storage building in the frontyard area. t Location of Property: South Side of'East Road, Cutchogue, NY; unty Tax Map Parcel No. lO00-1iO-07-O18. ~ 8:45 p~m. Application for KATHRINE FARR by SoS. Corwin, Esq., 634 First Street, Greenpors, NY for a Variance to the Zoning Ordinance, Article VIII, Sections IO0-80(B) and 100-81, for permission ~o coA§~r~ct building for marina office in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NV; County Tax Map. Parcel No. 1000-034-05-021. 8:55 pom. Application for KATHRINE FARR by S.S~ Corwin= Ess., First Street, Greenpor~, NY for a Special Exception ~o %he Zoning Ordinance, Article VIII, Sections lO0-80(B) and lO0-Bi for permission to constrdct building for marina and brokerage office use in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. !100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021~ 9:00 p.m. Application of KE~tN AND LESLE¥ MILOWSKI, Box ~34, Cutchogue, NY for a Variance to New York lown Law~ Article 16, Section 280A, for approval of access over a private right-el-way at Pa~ge"~- ~e~al Not~ce~ He~rings Southold ~wn_.Board af_~ppeals_ ' Regular Meeting of May 17~ 1984 the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak); County Tax Map Parcel No. lO00-113-7=part of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, Esq., Box 757~ Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for: (a) an inter- pretation that the existing cottage and garage are valid p?eexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure tn the sideyard; (d) approval of a red.lc- tion of livable floor area of a proposed dwelling conversion to 500 so. ft. and approval of insufficient sideyards. Persons qaving an interest in any of the above matters ~ay appear and be heard at the time and place specified above. For additional informations please contact our office, 765-1809 (or 765-1802). Dated: May 4~ 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRtNGER CHAIRMAN NOIICE TO NEWSPAPERS: Please punish once, to wit: May lO~ 1984 and forward ~davits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971; (516) 765-1809, on or before May 15, 1984. Copies to the following May 7, 1984: S.J. Perricone for V~ Griffo Mr. V. Griffo Mr. James R. Anderson A.A. Wickham, Esq. for John Wickham R.F. Lark, Est. for J.V. Rodriguez for ~o~mith & Tuthill for G.M. Ali Mr. Jose Rodrigue~ Hr. Joseph Fischetti Mr. Robin E. Carr Hr. Robert W. Gill i~pie S. S. Corwin, Esq- for Kathrine Farr Mrs, Kathrine Farr Mr. and Mrs. Kevin Milowski R.T. Haefeli, Esq. for Mr. and Mrs. B. Walker Mr. and Mrs. Bertram Walker L.I. Traveler-Watchman, Suffolk Times, Inc. Supervisor Town Board Planning Board Town Attorney Building Inspectors C FORM NO. 3 TOWN OF SOIJTt~LD BUILDING DEPARTI~ENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ ...... ~ ~ .~ .................. ~.~.. ~ :..c.~~, ~ :~ ....... PLEASE TAKE NOTICE ~at your application dated ~* .~~.. fo~ ~i~ ~o ~o~...~. ~~. ~~ .............................. County Tax Map No. 1000 Section .... t~ .~ ...... Block .... ~ ...... ~t .... 0.~ ~ ..... S~bdi~io~ ~ . ~.. F~d Map No ..... ~.9. [ ...... ~t So ..... ~.~ ......... ls retymed herewi~ and d~approved on the follo~g ~ounds . ~~ ~.. ~¢~~. ~~. ~....~.~ m..~,.,.. ~.,~..~., ...... .~. ~..~ .~.~.~..~. ~L ............................. Building Inspector ~V 1/80 C - TOWN OF SOUTHOLD, NEW YORK 1984 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA. L NO. ~ DATE ,~,r.~.. TO T~E ZONI~NG BOARDO~ APPEALS, TOWN OF SOUTHOLD, N. ¥ ' ~ Name a:f A~p~l~n~ m0NtHS,SOARD ,THE DEOS ON OF ON of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ].: LO~IO~ OF THE Street on Zoning Mop 2. PROVISION IS) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not q~ote the Ordinance.) ~rti¢le III, section 100-32 3. TYPE OF APPEAL Appeal is made herewith for IX) A VARtANCE to the Zoning Ordinance or Zoning Map ( ) A VAR ANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Ar} 16' Sec. 280A Subsection 3 ,t PREVtOUS APPEAL A p~evious appeal ~'~z (has not) been made with respect to this decision of the Duilding Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for-a variance and was maae in Appeal No ................................. Dated ............................................................... REASON FOR APPEAL ( ) A Variance to .Section 280A Subsection 3 (X) A .Variance to the Zoning Ordinance / ) is requested for the reason that Petitioner is~ desirous of const:ruc~ing a one family dwelling on the southerly portion of her property as shown on a survey of Young & Young dated March 1§, 1984, whic~ is attache~ hereto a.~ Exhibit A. Presently located on the northwesterly part of the property is a 20~ x .22~ WOOd frame garage which will be ~n~ the front yar~ area under the zoning ordinance after the construction of the house; thereby requiring a variance. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical~ifficultie~.orunneces- sar,, HARDSHiP because Petitioner's property is slightly irregular in shape being approximately 300 feet deep from East Road to Great PeconicBay containing a width of 90 feet along East Road and 150 feet of width along the to9 of the bank facing Great Peconic Bay. The propertly slopes generally from an east to west direction, the slope being steeper in the front yard area. When the SouthOld Town Planning Board approved this as a building~ot on a minor subdivision dated November 29, 1982, it was con- templated the construction of any dwelling on this parcel would be on the southerly portion facing Great Peconic Bay." and Res~rictlons on the prOperty which were County Clerk's Office in Liber 9317 page 396 requiring "No residential structure shallbe const=ucted orotherwise located within 30 feet of the top edge of he bank along the shoreline ofthe Gre~t Peconlc Bay. AS seen from Ex~hiblt A, the proposed location of the house will be 50 feet from the to9 of the bank. Taking into consideration the terrain features and the irregular size of the parcel, the proper ~lace to locate a home is where Petitioner has i ' ndlcated. To locate a home closer towards the road is not practica± in the sense the slope issteeper and the lot has a building ~i~h,..of ~n~ (continued on Rider attached hereto under 2 The hardshipcreeted is UNIQUEond isnotshared by oil properties alik~ in the immediate vicinit, ofthis propers)andinthis ds~ district ~ecause the existing frame ~rage located in its 9resent pesition since 1915 and due to the sz~e em~ shape of the lot ann locatio~ of the p~oposed residence i~ is ~ot practica! to ~o~e the existing garage, To destroy the garage would serve ~o useful purpose zn that it is in an inconspicuous ~osition on the tztzoner parcel. 3 The Variance would observe the ~irit of the Ordinance and WOULD NOT CHANGE THE C-~ARACTER OF THE DISTRICT ~cause the frame garage in question was buitt in its present location long before the ena tment of the zoning orda/t.a~.~e. The granting of the variance leaving the garage in its present posltion ann allowing the construction of a residence at a location 50 feet f~om the top of t~e bank on Great Pe¢onic Bay will enhance the area and will be in conformity wi~h:the~C~aracter and'development Ofthis neighborhood. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS Signature Gertrude M. Ali Sworn to this .......... .1,,,5.~ .......................... day of ............. ..]f:z~-.rGh .............................. 19 84 APPEAL FROM DECISION OF THE BUILDING INSPECTOR TO THE ZONING BOAP~ OF APPEALS, TOWN OF SOUT~OLD, BY GERTRUDE M. ALI REASON FOR THE APPEAL (continued) ~1 (continued) 70 feet as there is a 20 foot Tight of way for Ingress and egress for the adjoining property. The wood frame garage presently located on the property was built in 1915 by your Petitioner's grandfather when this parcel was part of a larger tract of land. The garage was closer to the road and the main house Was built overlooking Great Peconlc Bay. .Traditionally, property owners who live on Great Peconic Bay have located their houses toward the Bay and accessory structures such as garages and sheds were built closer to the street. Many properties in this area have similar situ- ations; in fact the property immediately adjacent to the west owned by Henry Wickham contains a garage close to the road and the house near Great Peconic Bay. Considering the adjacent properties in this established neighborhood the request to build this residence and leave the existing wood frame garage in what would be the front yard area, is not a substantial deviation from zoning requirements. Further, the granting of the vari- ance will have no affect on any increase in population density as only a one family dwelling can be located on this property. There will be no substantial change, or for that matter any change, in the character of the neighborhood with the granting of the variance; and certainly no detriment to any surrounding property as the garage in its present position is located some 105 feet from the front property line. Other than destroying the garage, your Petitioner has no other feasible method of utilizing tke garage. Petitioner cannot move it closer than 50 feet from the top of the bank so it would be in a "rear ~ard are~" which would then require the Petitioner's'house to be moved in a northerly direction forward and would not be a suitable place to locate a residence con- sidering the topographical features and the view of the water afforded by the proposed location. Considering all of the above factors and the practical difficulties in relocating the garage, substantial justice will be served by granting the variance. /Gertrude M. Ali \ SUR~ FOR GERTRUDE ~ ~1 ~CH dAN. ~8,1984 J~ I~ 1984 SUFFO~ COUNTY, NEW ~RK NO. SURVEY ~ A VI~ATIO~ ~SECTION 720~ ~ THE GER~BUDE M. ALI RIVER~AD, NE~' YORK I = MONU~ ALDEN W. YOUNG, P~eSI~NAL AND LAND SURVEYO~%S UCENS~. 12845 RICHARD F. LARK May 22, 1984 Southold Town Board of Appeals 53095 Main Road - Town Hall Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Gertrude M. Ali - Appeal No. 3235 Dear Mr. Goehringer: Pursuant to your request at the hearing on May 17, 1984, I am enclosing a photocopy of the survey prepared by Roderick Van Tuyl, P.C. for the minor subdivision map for Moebius Associates, Section Two. You will note Mr. Van Tuyl's map shows Lot No. 1 now owned by Gertrude M. Ali contains 42,708 square feet. I have compared this this with the survey of Young & Young dated January 28, 1984 which you have as part of Mrs. Ali's application, and it appears to me Mr. Young measured from the bulkhead back in computing his area. I do not understand this as Mrs Ali owns to the high water mark and the bulkhead was put in many years ago for erosion purposes only and is a dry bulkhead. Very truly yours, Richard F. Lark RFL:bc Enclosure /l COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN November 1, 1984 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications whieh 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 Peter & Patricia Lenz Robert Entenmann D. J. Clause Enterprises Mary Grigonis Robert Brown Thomas & Barbara Mercier George & Natalie Wieser Jose V. Rodriguez Berit Lalli Vincent Griffo Gertrude M. Ali James Anderson Joseph Fischetti Robert W. Gillispie, III Thomas Higgins Vincent Griffo 3184 3200 3203 3211 3221 3223 3224 3225 3228 3229 3235 3238 3239 3241 3255 3258 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN I~0AD- STATE I~OAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of $outhold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section I00-32 Variance from Determination of $outhold Town Building Inspactor ~ Special Exception, Article , Section -- Special Permit Appeal No.: 3235 Applicant: G_ERTRUDE M. ALI Location of Affected Land: S/S East Road, Cutchogue County Tax Map Item No.: 1000- II0-07-018. 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. -- was granted COMMENTS: Applicant~l~x~~ permission to construct new dwelling which ~lases accy..storaqe bldg. in fronty~rd are~. Copies of To~ file and related documents enclosed herewith for your review. Temp. S~creta~y, Board of Appeals APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPPl PI. SAWlCKI Southold Town Board of Appeals HAIN ROAD- STATE ROAD 2S SDUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 June 19, 1984 Richard F. Lark, Esq. Main Road, P.O. Box 973 Cutchogue, NY 11935 Re: Appeal No. 3235 - Gertrude M. Ali 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 ~riting, or for other documents as may Ne 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 GERARD P. GOEHRINGER Secretary SU~Y FOR GE~T~U~ ~ ~1 AT C~HO~ SUFFOLK COUNTY, NEW ~RK NO. N~ARANT[E~ INDICTED HEREON ~ALL RUN ~LY m HEALTH DEPART ME~T- OATA F~ APPRO~ TO C~STRUC T AND~ ~R~ HIS ~LFFOR WHOMm THETHE TtT~ESU~[Yc~P~Y,IS PR[PAREDGov~N. ~',, ~ ~ ~ ~ ~NOER AVE~E YOUNG YOUNG ALDEN WYOUNG, PROFESSIONAL ENGINEER ANO LAND SURVEYOR N Y.S UCENS[ NO HOWARO W. YOUNG~ LAND SURVEYOR EXHIBIT Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 5, 1 984 April S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK[ Notice of Determination of Non-Significance APPEAL NO.: 3235 PROJECT NAME: GERTRUDE M. ALI by R.F. Lark, Esq. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for permission to construct new dwelling which places accessory storage building in the front- yard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: S/s East Road, Cutchogue; ]000-]]0-7-]8. 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 bu]kheaded seaward of the proposed dwelling ]ocati0n and is at an e]evati0n ]0 feet and more above mean sea level. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals~ Town HalL, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 7651809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 $outhold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, May 17, 1984, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GRIFFO. 280 Basin Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100- 32 for permission to construct accessory building in an area other than the rear 280B yard, at asin Road, Southold, NY; County Tax Map Parcel No. 1000081-01.019. 7:40 p.m. Application of JAMES ANDERSON, 16 Waveriy Place, New York, NY for a Variance to the Zoning Ordinance, Article XI, Section t00.118(D) for permission to reinstate nonconforming dwelling use of building in this B-1 Business District, 300 Moore's Lane (a/k/a Linden Ave.), Cutchogne, NY; County Tax Map Parcel No. 1000.100- 03.0~. 7:45 p.m. Application for JOHN WICKHAM. by Wickham, Wickham and Bressior, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section IO0-60 for permission to use premises as a business office for marine use for storage and reoair of cent. factor's own vehicles and eqmpment, at 67576 Main Road, Grcenport, NY; County Tax Map Parcel No. 1000.052- 7:50 p.m. Application of JOSE V. RODRIGUEZ, Box 113, Fishers Island, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100.70(A) and 100-71, for permission to construct dwelling in this B-1 Business District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000~012.01.001.O02. 6:00 p.m. Application of JOSEPH FISCHETTI. Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article V, Section 100-.50(C)[1] for permission to erect sign with less than four' foot clearance from ground, at 52800 C.R. 48, Southnid, NY; County Tax Map Parcel No. 1000.061.05.O02. 6:05 p.m. Application of ROBIN E. CARR. 611 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinunco, Article III, Section 100-32 for permission to construct inliround swimmingpeol in the sldeyard area, at 315 Brown Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03. 042.3. 5:10 p.m. Application of ROBERT W. GILLISPIE, Ill, Box 1112, Southnid, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061-02-07 ann part of 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchngue, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to construct office building with an insufficient frontyard . setback, at 1515 Youngs Avenue, Southuid, NY ("C-1" General Industrial Zone); County Tax Map Parcel No. 1000-60-1.0. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section 100.80(B) for permission to construct office and storage building in this "C-1' General Industrial District, at 1515 Youngs Avenue, Southold, NY; County Tax Map Parcel No. 1000.00.1. 6. G~GE:35 p.m. Application for RTRUDE M. ALI by R.F. Lark, Esq., Main Road, Cutchogne, Ny for a Variance [ to the Zoning Ordinance, Article III, Section 100.32 for permission to construct new dwelling which pieces accessory storage building in the fruntyard area. Location of Property: South Side of East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110.07-018. 8:45 p.m. Applidation for KATHRINE FARR by S.S. Corwtn, Esq., 654 First Street, Grcenpert, NY for a Variance to the Zoning Ordinance, Article VIII, ~Jections 100- 80(B) and 100-81, for ~ermtsslon to construct uilding for marina office in this "C-Light Industrial" District, at Il00 Manhanset County Tax Map Parcel No. 1000.034.0~021. 8:55 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Greanport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Sections 100-80(B) and 100-81 for permission to construct building for marina and brokerage office use in this "C-Light Industrial" District, at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel' No. 1100 Manhanset Avenue, Green~ort, NY; County Tax Map Parcel No. 1000-034-05- 021. 9:0O p.m. Application of KEVIN AND LESLEY MILOWSKI, Box 134, Cutchngue, NY for a'Variance to New York Town Law, Article 16, Section 280A, for approval of access over a private right-of-way at the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak); County Tax Map Parcel No. 1000.115.7-part of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section - 100-31, for: (a) an interpretation that the existing cottage and I{arage are valid preexmting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the si~leyard; (c) approval of a reduction of livable floor area of a propoaed dwelling conversion to 500 sq. It, and approval of insufficient sideyards. Premises located at Edgemere Park, MacDonald's Path off Peconid Bay Boulevard, Laurel; County Tax Map No. 1000-145- 4-014. Persons having an interest in any of the above matters may appear and be heard at ,the time and place specified above. For additional information, please contact our office, 765-1809 (or 765- Dated: May 4, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P, GOEHRINGER CHAIRMAN 1TM10.4564 STATE OF NEW YORK } ) SS: COUNTY OF SUFFOLK ) ~UR~,N ~7. ALLAN of Groenport, 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 one weeks successively, commencing on the 10th day of May 198 4 Principal Clerk Sworn to before me this l0 f~h day of Hay 19 84 NOTICE OF PUBLIC HEARING NOTICE lS HEREBY GIV- EN, pursuant to Section 267 uf the Town Law and the Pro- visiOnS of the Amended Code of the Town of Southold, a Regular Meeting and th~ following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Thursday, May 17, 1984~ commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT~ 280 Basin Road, Southold, NY fo~:~a Variance to the Zoning Ordin- ance, Article m, Section 100- 32 for permission to construct accessory building in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 1000.081-01-019. 7:40 p.m. Application of JAMES ANDERSON, 16 Wav- erlyPlace, NewYork, NY fora Variance to the Zoning Ordin- ance, Article X1, Section 100- llS(D) for permission to rein- state nonconforming dwelling use of building in this B-1 · Business District, 300 Moore's Lane (a/k/a L~nden Ave.), CUtchoRue, NY;. County Tax ficient frontyard setback, at 1515 Youngs Avenue, South- old, NY ("C-I" General Indus- trial Zone); County Tax Map Parcel No. 1000-60-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHlll INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception to the Zon- ing Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section 100-80 (B) for permission to construct office and storage building in this "C-I' General Industrial District, at 1515 Youngs Av- enue, Southold, NY; County Tax Map Parcel No. 1000-60- 1-6. ~'~8:35 p.m. Application f~r GERTRUDE M. ALI by R.F. Lark, Esq., Main Road, Cut- chogue, NY for a Variance tot the Zoning Ordinance, Article HI, Section 100-32 for permis- sion to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South side of East Road, Cutchogue, NY; County Tax Map Parcel.l Nm 1000-110-07-018. 8:45 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., 634 First Sreet, Greenport, NY for a Variance to the Zoning Ordinance, cOUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk CountY; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ./.. ...... weeks successively, commencing on the .................................... Swam to before me this ..................... day of ............. ..................... , JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 26, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southotd, 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. 3235 application of Gertrude M. Ali for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Inspector; and survey. ~~~ Judith T. Terry Southold Town Clerk RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD- P. O. BOX R73 CUTChOGUE, NEW YORK 1193~ March 19, 1984 Hon. Judith T. Terry Southold Town Clerk 53095 Main Road - Town Hall Southold, New York 11971 RE: Gertrude M. Ali - Property on East Road, Cutchogue, New York - Variance Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: 1. Application for a variance in triplicate dated March 15, 1984, executed by Gertrude M. Ali. 2. Exhibit A: Survey of Young & Young dated March 15, 1984. 3. Notice of Disapproval from the Building Inspector dated February 7, 1984. Notice to Adjoining Property Owners dated March 15, 1984, with Affidavit of Service and Certified Mailing Receipts. 5. Short Environmental Assessment Form dated March 15, 1984. Letter to Board of Appeals dated March 15, 1984, concerning tidal wetlands. 7. Three (3) additional copies of the survey. 8. My check payable to the Town of Southold in the amount of $50.00 representing the filing fee. If all is in order, would you please present this application to the Board so it may be scheduled on the next available agenda. If you have any questions regarding this application, please contact me. RFL:bc Enclosures Very ~rgly yours/ mchard cc: Gertrude M. Ali APPEAL FROM DECISION OF THE BUILDING INSPECTOR TOT HE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. BY GERTRUDE M. ALI REASON FOR THE APPEAL (continued) (continued) 70 feet as there is a 20 foot right of way ~or ingress and egress for the adjoining property. The wood frame garage presently located on the property was built in 1915 by your Petitioner~s grandfather when this parcel was part of a larger tract of land. The garage was closer to the road and the main house was built overlooking Great Peconic Bay. Traditionally, property owners who live on Great Peconio Bay have located their houses toward the Bay and accessory structures such as gaFages and sheds were built closer to the street. Many properties in this area have similar situ- ations~ in fact the property immediately adjacent to the west owned by Henry Wickham contains a garage close to the road and the ho~se near Great Peconic Bay. Considering the adjacent properties in this established neighborhood the request to build this residence and leave the existing wood frame garage in what would be the front yard area, is not a substantial deviation from zoning requirements. Further, the granting of the vari- ance will have no affect on any increase in population density as only a one family dwelling can be located on this property. There will be no substantial change, or for that matter any change, in the character of the neighborhood with the granting of the variance~ and certainly no detriment to any surrounding property as the garage in its present position is located some 105 feet from the front property line. Other than destroying the garage, your Petitioner has no other feasible method of utilizing the garage. Petitioner cannot move it closer than 50 feet from the top of the bank so it would be in a "rear yard area" which would then require the Petitioner~s house to be moved in a northerly direction forward and would not be a suitable place to locate a residence con- sidering the topographical features and the view of the water afforded by the proposed location. Considering all of the above factors and the practical difficulties in relocating the garage, substantial Justice will be served by granting the variance. Gertrude M. Ali RECBVED TOWN OF SOUTHOLD, NE~ YORK MAR g 61984, APPEAL FROM DECISIQbl OF BUILDING INSPECTOR APPE~,L NO. ~ DATE March 15 1984 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, J~t~.....D~.~,RUD~..~C.....~J~I ........................ of ..],5...g]~ap. el...Gata..T..n~t~ ............................ Name of Appellant Street and Number ..U.]~..e...~....B..~.o...o..k.~.]:..Z..e. ....................................................... ]~.~.W...Y.Q;C,I~ ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD Of APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~.e.,b.~.a.r..~....?.!....~.9...8.~ ............. WHEREBY THE BUILDING INSPECTOR DENIED TO GERTRUDE M. AL1 Name of Applicant for permit of ..... ~,.$... ~ap.~ ,1,...gat ~... Lan.e,...Upgez.. Rzomk.~.il2.e.,...]~w...¥oz:]~ ........... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Pen~ission to build new dwelling with existing garage in front yard area s/s East ~Dad "A" ...... 1. LOCATION OF THE PROPERTY .D~.~e~..N'Z ............ ..~..~g...e~...~..~...a~.....&...?.-g~...$~.a...1....D.~-ic~ Street Use District on Zoning Mop 1000-110-7-18.003 ~X~ Suffolk County Tax~Q~ Map Number 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~Jl:~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Petitioner is de$'irous o~ constructing a one family dwelling on the southerly portion of her property as shown on a survey of Young & Young dated March 15, 1984, which is attached hereto as Exhibit A. Presently located on the northwesterly part of the property is a 20' x 22' wood frame garage which will be in the front yard area under the zoning ordinance after the construction of the house; thereby requiring a variance. form z~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficulti~ orunneces- sory HARDSHIP becau~ Petitioner's property is slightly irregular in shape being approximately 300 feet deep from East Road to Great Peconic Bay containing a width of 90 feet along East Road and 150 feet of width along the top of the bank facing Great Peconic Bay. The propertly slopes generally from an east to west direction, the slope being steeper in the front yard area. When the Southold Town Planning Board approved this as a building lot on a minor subdivision dated November 29, 1982, it was con- templated the construction of any dwelling on this parcel would be on the southerly portion facing Great Peconic Bay. In fact, there are Covenants and Restrictions on the property which were recorded in the Suffolk County Clerk's Office in Liber 9317 page 396 requiring "No residential structure shall be constructed or otherwise located within 50 feet of the top edge of the bank along the shoreline of the Great Peconic Bay." As seen from Exhibit A, the proposed location of the house will be 50 feet from the top of the bank. Taking into consideration the terrain features and the irregular size of the parcel, the proper place to locate a home is where Petitioner has indicated. To locate a home closer towards the road is not practical in the sense the slope is steeper and the lot has a building width of only (continued on Rider attached hereto under #1) 2. The hardshipcreotedis UNIQUEand isnotshared by afl properties alike in the immediate vicinity ofthisproperty andinthis use district because the existing frame garage has been located in its present position since 1915 and due to the size and shape of the lot and location of the proposed residence it is not practical to move the existing garage. To destroy the garage would serve no useful purpose in that it is in an inconspicuous position on the Petitioner's parcel. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the frame garage in question was built in its present location long before the enactment of the zoning ordinance. The granting of the variance leaving the garage in it's present position and allowing the construction of a residence at a location 50 feet from the top of the bank on Great Peconic Bay will enhance the area and will be in conformity with the character and development of this neighborhood. COUNTY OF SUFFOLK ) ...................... ~i~ ................................. Gertrude M. Ali Sworn tothis .~.~ ............... day of ............ ~a~ck ............................... 19 84 / Notary Public BABETTE CORNINE NOTARY PUBLIC, State of Flew Yerk 52-5792800 ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : GERTRUDE M. ALI : to the Board of Appeals of the Town of Southold : TO:Henry Wickham 100 Wolver Hollow Road Glen Head, N.Y. 11545 NOTICE TO ADJACENT PROPERTY OWNER Charlotte Lynn Nicholas Neubauer 49 Musconetcong Avenue 146 Central Park West Hopatcong, N.J. 07843 New York, N.Y. 10023 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold; to request a (Variance) (~Xbi~C~:~l:e]ll~00~)~l~:2~l:~ (the following relief: Permission to ~_ build new dwelling with existing garage in front yard area 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by East Road; East b~; Lynn and Neubauer; South by Great Peconic Bay; West by H. Wickham /,A% .Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Residential and Agricultural District 4. ThatbysuchPetition, theundersigned willrequestthe ~llowingrelief: Permission to build a new dwelling with existing garage in front yard area. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 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: March 15, 1984 Petitioner Gertrude M. Ali Post Office Addr~s 15 Chapel Gate Lane Upper Brookville, New York NAME Henry Wickham Charlotte Lynn Nicholas Neubauer PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 100 Wolver Hollow Road, Glen Head, NY 1154~~ 49 Musconetcong Avenue, Hopatcong, N.Y. 078~ 146 Central Park West, New York, N.Y. 10023 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: 9£61 udv 'O08E mJod Sd P 306 753 034 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO Henry Wickham STREET AND NO 100.~Wo~lver Hol__low Rd P.O, STATE AND ZIP CODE Glen Head, NY 11545 POSTAGE $ ~ SPECIAL DELIVERY ~ ~ESTRiCTED D ~IIV E RY-~ ~:~i SHOW TO WHOM AND 1 ~ ~ ~ D[LIVEREB wi f H R[STRICTEB DEL]VSRY ~ ~ SHOW~O WHO~:OAT[ ~ND ADDRESS OF DEUVERY W~TH TOTAL POSTA S ~ ~ Barbara Diachun , residing at School House Road, Cutchogue, New York , being duly sworn, deposes and says that on the 19th day of March ,19 8 4 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchoque ; that said Notices were mailed to each of said persons by (certified) ~If~T. sv~t']~ mail. Sworn to before me this l~th day of March ,19 84 Notary Public Barbara Diachun BABETTE COIININE NOTABY PUBLIC, ~ate of New York S~ffotk County No. 52-5792800 Cornmillian Expires March 30, 19.~~ SHO~,T ~'~ ' INSTRUCT IONS: ' order to EHVIRONk{[~NTAL ASSESSlJ~:NI ruKm ans¥~er tile questions in this short EAF it is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations ¥1ill be undertaken. (b) ]f any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. . ' (d) E'nvironmental Assessment . 1. Will project resul{--in a large physical change to the project site or physically alter more Yes X No than 10 acres of land? ........................ ___ , 2, ~'t111 there be a major change to any unlque or -unusual land form found on the slt~? .........., Yes X NO 3. %'till project alter or have o large' effect on . existing body of water? ................. Y~s X No 4. ~'/ill project have a potentially large i~' on groundwater quality? ....................... __Yes X' No 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes X NQ 6. %'Fill project affect any threatened or endengered plant or animal species? ..........., Yes X No 7. Will project result in o raajor adverse effect on air quality? .............. ................. Yes X No 8. %'Fill project have a major effect on visual character of the community or scenic views or vistas known to,be important to the community?. Yes x No 9. %'Fill project adversely impact any site or .' structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? ............ ~;,-';~'.;'-'.'.~"~'"~. Yes x No 10. 1'/ill project hove o major effect on exlstin9 or future recreational opportunities?. ......... Yes..x No 11. 1¢ill project result in.major traffic problems o~ cause a major effect to existing transportation systems? ....................... . Yes X No 12. Will project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? ' Yes X No 13. Will project hove any impact on public health or.safety? .................................... Yes X No 14. Will p~oject affect the existing community by directly cousin9 o growth in permanent population of more than 5 percept over a one year period or hove o major negative effect on ibe chara'ct'er of the community or neighborhood? ................................. Yes X No 15. Is there public controversy concerning the project? ............ /,~ ....................... . . Yes~X .Ne PREPARER'S SIGHATUR~/'' REPRESEHTING Ger e M. Ali DATE March 15, 1984 March 15, 1984 (Today's Date) To: Re: Southold Town Main Road Southold, NY Board of Appeals 11971 Appeal Application of Gertrude M. Ali Location of Property: s~s East Road, Cutcho~ue, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 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 one box) [ X] May be located within 300 feet of tidal wetlands; ho~ever, constructed along the water-lying edge of this property 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, ~Signature please) Ge~t~ude M. Ali