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HomeMy WebLinkAbout3280 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ]lCJ'T1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3280 Application 'Dated August ]4, ]984 TO: Mr. Peter Paul Muller as Agent for MR. AND MRS. ROB£RI D£1RS¥ 72 Meeting House lane 50uthampt0n, NY ]]968, (Public Hearing 11/15/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November ]5, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-31 [ ] Request for Upon application for ROBERT DETREY, by P. Muller, Meetinghouse Lane, Southampton, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient sideyards; premises known as 62825 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-01-10 and 11. The board made the following findings and determination: This is an appeal from Article III, Section lO0-31, Bulk Schedule of the Zoning Code which requires minimum sideyards of 15 feet and 20 feet, for a total sideyard of not less than 35 feet. The premises in question is located at the nor%h side of County Road 48, Greenport, and contains an area of 1.320 acres, with 80' road frontage. The premises as shown on the August 9, 1984 amended survey prepared by R. Van Tuyl, P.C. is a one-story, one-family frame dwelling, and an accessory garage building in the frontyard area. The property is shown to comprise two deeded parcels identified as District 1000, Section 40, Block 01, Parcels 10 and ll, and it is the understanding of this board that these two parcels will by this proposal become one single buildable lot. Applicants propose a 1½-story addition to the existing dwelling which would leave an easterly sideyard setback of 15 feet, for a variance of five feet. Since the existing setback from the westerly side property line is 13 feet, the total side yards requested would be 28 feet, for a variance of seven feet. In considering this appeal, it is the opinion of the board that: (1) by allowing the variance, no substantial detriment would be created affecting adjoining properties; (2) that no adverse effects will be produced on available governmental facilities of any increased population; (3) the variance will be in harmony with and promote the general purposes of zoning; (4) the relief requested is not substantial, being 20% and 25% of a variance from the requirements; (5) no adverse effects will be produced on available governmental facilities of any increase population; (6) the interests of justice will be served by allowing the variance, as indicated below. (CONTINUED ON PAGE TWO) DATED: November 23, 1984. Form ZB4 (rev. 12/81) OF APPEALS BOARD page 2 Appeal No. 3280 Matter of ROBERT DETREY Decision Rendered November 23, 1984 Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3280 in the Matter of ROBERT DETREY for permission to construct addi- tion to dwelling with an easterly sideyard setback at 15 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: There be no further sideyard reductions (on either side). Location of Property: North Side of C.R. 48, Greenport, NY; County Tax Map Parcel Nos. 1000-040-01-10 and ll. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 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 at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on THURSDAY, NOVEMBER 15, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for ALEXANDER AND ELIZABETH STOLLMEYER, by R. Cron Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, (Al06) for approval of insufficient area of a parcel to be set-off in this division of land identified as County Tax Map and 45.9 (45.7), and located Sea Drive and the North Side NY. Parcel No. 1000-054-05-45.8 on the South Side of North of Soundview Avenue, Southold, N 7:35 p.m. Application for JOHN WICKHAM, Main Road, Cutchogue, NY (by A. Wickham, Esq.) for a Variance to Amend Conditions 3, 7 and 8 of the 6/28/84 decision rendered under Appeal No. 3222 and Article VI, Section 100-60 in a proposal to establish business office for marine contracting with accessory use for storage and repair of contractor's own vehicles and equip- ment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052-05-058. 7:45 p.m. Application for JAMES AND BEULAH RICKETTS, Conklin Road, Mattituck, NY (by G. Olsen, Esq.) for a Variance to the Zoning Ordinance, Articles I and III, Section 100-31, (Al06) for approval of insufficient area and width of two proposed parcels in this division of land located on the West Side of Conklin Road (Grant Boulevard), Mattituck, NY; County Tax Map Parcel No. 1000-139-03-19 and 30 (30.1). 7:55 p.m. Application for JOSEPH A. WANAT, c/o A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located on a private right-of-way at the north side of Bergen Avenue, Mattituck; County Tax Map Parcel No. 1000-112-01-016. 8:05 p.m. Application for ANTONE AND JEAN MILESKA, 16045 Main Road, Mattituck, NY 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 this proposed Page 2 - Legal Notice of Hearings Southold Town Board of Appeals November 15, 1984 Regular Meeting division of land located on the east side of Marratooka Lane, Mattituck, NY; County Tax Map Parcel No. 1000-115-04-009. 8:10 p.m. Application for WINDS WAY BUILDING CORP., c/o R. Bruer, Esq., Main Road, Southold, NY 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 this proposed division of land located along Cedar Point Drive East, Southold; Cedar Beach Park Filed Map No. 90, Lots 82, 83, 94; County Tax Map Parcel No. 1000-90-03-18. 8:15 p.m. Application of MARIE J. PATTERSON, 12 Turnwood Ct., Hempstead, NY 11550 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 this proposed division of land located at the South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17. 8:20 p.m. Application of SOUTHLAND CORP., c/o W. Esseks, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordinance, to construct building with an insufficient side yard at South Side Main Road, Southold (7-11 Store), 1000-62-3-37. 8:2§ p.m. Application for ROBERT DeTREY by P. Muller, Meetinghouse Lane, Southampton, NY for a Variance to the Zoning Ordinance, cle III, Section 100-31 for permission to construct addition to dwelling with insufficient sideyards; premises known as 62825 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-01-10 & 11. 8:35 p.m. Application for COLGATE DESIGN CORP., c/o W. Esseks, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordi- nance to construct building with an insufficient side yard; North Side Main Road, Cutchogue (7-11); 1000-102-05-24. Persons desiring to appear at the hearing may do so. Communica- tions in writing in relation thereto may be filed with our office before or at this hearing. Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice t~--Newspapers: Please publish THURSDAY, NOVEMBER 8, 1984 and forward 10 affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before November 12, 1984. tel. 765-1809~ NO. 3 TOWN OF SOUTflOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE'OF DISAPPROVAL ....... P~SE T,E NOTICE that you, applic,tion dated .~~ ..).~ ......... 19!~.~. for ~mit to comtmct.. ~...~ .~ ............................................... at ~tionof~ope. y ¢~ ~,~T q ~ .~.F.~ Hou~ No. St~t County T~ Map No. I000 Section .... ~ ~ D ~lock J. ~t ~ q.~.t t Subdivision ................. Filed Map No ................. Lot No .................. i~ returned homwith and disapproved on the following g,'ou~ds..~-~...~......~..c, .~.. Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. 3 ~ ~ C~ DATE .,~, ~cj~..s. ~... ~. r....~: 9 8 4 1, (We) .?..e...f~..?...?..a..u...1..~.l.,].,.e..~.,..~...b~...c.,~. ....... of 72 M~tin9 House ~ane Nome of Appellant ................... ~[~;;;["~'t~'~"~l~'; ............. ~'~'~ Southampton N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: August 14FOR: an addition to existing house WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of P.O. Box 6146 Hellam Pennsylvania Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1~ story addition 1. LOCATION OF THE PROPERTY .$..6..2.~.2.,~...-...~..~..~,.c~...~ .4..8.~, .G.~..[~....z~... ................. .A. .-. ?. .0. ...... County Tax Map No. 1,000, Section 040 Street and Hamlet Zone Block 1 10 & 11 OWNER(S): Rg.b~..r~..J.~ DeTrev Mop No. Lot 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 100-31 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 Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) ,s requested for the reason that we would like to encroach into required side yard five feet. Form ZB1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the addition has been designed for enjola~ent of the views towards the sound while still respecting the privacy for neighbors by retaining the natural vegetation. In this way we hope to transfoz~a a summer ~ottage into a year-z~und residence. 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 lot, wiclths tend 'co be wider, Tb~ property in question is a pre-existing substandard lot which does not have the requiz~d lot width of 150 feet. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the design has maintained the original stzucture with minimum changes. STATE OF NEW YORK ) ) ss COUNTY OF ) " Signature ...... ~X Sworn to this ......~..~...~. ............................ day of.~,-,,~-~ ........................... 19 ~...~...~~ ............ tw..~ Notary Public OWNER TOWN OF SOUTHOLD STREET FORMER OWNER RES. S PROPERTY RECORD CARD VILLAGE NOR.M~L COMM. J IND. VL. FARM LAND TOTAL DATE REMARKS AGE BUILDING CONDITION ABOVE NEW BELOW FRONTAGE ON WATER Farm Value Per Acre Value 1 2 Tillable Tilloble Tillable 3 Woodland DiSTRiCT SUB. ACREAGE s TYPE OF BUILDING J MISC. ¢"~,~)land B rushland.~.- ~ House glol' Total '* DOCK LOT ,/v~ - ! ,f',, Est. Mkt. Value FRONTAGE ON ROA_D___~,~_~_ BULKHEAD /_,~aa_ y~ _/_// TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET i VILLAGE DISTRICT SUB. · ' S :~)~ ~-~-~ ~ ,~ J W ~ ., '~ ~E OF BUILDING ,~ND IMP. ~AL ~ DATE ~ ~EMARKS LOT /~ "i h/ AGE BUILDING CONDITION Est. Mkt. Value NEW Tillable 1 Tillable 2 Tillable 3 Woc~lancl -~ --nmoland Brush. land House Plot Total NORNg~L Acre BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHOLD. L.I., N.Y. 11'371 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 13, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E .Q .R.A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATI~ ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3280 PROJECT NAME: ROBERT DeTRE¥ 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: Insuff. $ideyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 62825 C.R. 48, Greenp0rt,.NY; County Tax Map No. 1000-40-1-10,11. REASON(S) SUPPORTING THIS DETEP~MINATION: (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 relief requested is a setback or lot line variance, which does not require further processing under "Type II" Actions of the State Environ- 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. ~.4 ~tci OF DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN December 4, 1984 Town of Southold Board of Appeals Pursuant t~the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the followihg 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 Windsway Building Corp. Joseph A. Wanat Mr. & Mrs. Alexander Stollmeyer Mr. & Mrs. Antone Mileska Academy Printing Services, Inc. Mr. & Mrs. Robert Detrey L-~ Mr. & Mrs. Bernard Dempsey 3207 3217 3257 3266 3273 3280 3283 GGN Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeal MAIN ROAD- E~TATE ROAD 25 5nUTHOLD, L.I,. N.Y. 119'71 TELEPHONE (516) 765-180c.- 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: xxx Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3280 Applicant: MR. & MRS. ROBERT DETREY Location of Affected Land: 62825 County Road 48, Greenport, County Tax Map Item No.: 1000- 40-01-10 & 11 Within 500 feet of: Town or Village Boundary Line xxx 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 COMMENTS: Applicant is ~ permission to with insufficient $ideyards. construct addition Copies of Town file and related documents enclosed herewith for your review. Temp. S~dretary, Board of ~ppeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 - November 23, 1984 Mr. Peter Paul Muller 72 Meeting House Lane Southampton, NY 11968 Re: Appeal No. 3280 - Robert DeTrey 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 Mr. and Mrs. R~bert DeTrey GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 August 17, 1984 TO: FROM: SUBJECT: Jerry Geohringer-Board of Appeals Victor Lessard-Exec. Administrator~L~ Mr. & Mrs. Robert De Trey Addition/insufficent sideyard setback On application to the Building Department for a permit to construct an addition, I pointed out to Mrs. Robert De Trey, that even though the lots were only forty feet wide, she should be aware that they are two separate lots and by doing what she proposes, they would become one. She was aware of this condition and still wished to pursue her ad- dition and was agreeable to the merger. The Town is always agreeable to up-grade property. She of course would have to attain legal document so stating before a Building Permit could be issued. To merge the property both pieces must be in the same name. This is done by deed. Treating (in theory} the property as one lot, she still could not meet the bulk and parking setback requirements for side yard setback and was given a disapproval and sent to your board for a variance. A copy of this memo will be sent to Mr. & Mrs. De Trey for their information. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT .I. DOUGLASS JOSEPH H. SAWlCKI TO: Victor Lessard, FROM: Jerry Goehringer, DATE: August 15, 1984 SUBJECT: Appeal No. 3280 - Property Location: Addition Building Department Administrator Chairman Robert DeTrey by P. Mullen, Architect C.R. 48, Greenport to Dwelling/Insufficient Sideyard Setbacks In reviewing the recent application in the above matter, and in researching the history of this parcel, it appears that the premises in question has been deeded in separate names, and therefore the dwelling addition substantially would encroach on the other lot. Attached are copies of the County Tax Map and the Assessors' Cards reflecting different ownership, to wit: 1000-40-1-10 owned by R. DeTrey and wife; 1000-40-1-11 owned by R. DeTrey solely. We ask that if an amendment to your Notice of Disapproval is made that copies be provided for the applicants' agent in order that they may make adjustments accordingly if they desire. 1,5 t.4 , ® 7.2A{c) 9 17. iA(c) [ 3 .IA(:~ ~ ~ i[2,44§,207.06 MATCH ) TOV,~I OF $OUTHOLD PROPERTY RECORD C_~RD OWNER FOP. MER OWNER RES. LAND AGE NEW Farm Tillable Tillable TOTAL NO~'L~L STREET S ~ FARM DATE BUILDING CONDITION BELOW Value Per Acre Woodland Swampland House Plot Total VILLAGE COMM. REMARKS DISTRICT ACREAGE ~ - , '7,£~ ' '- "' ABOVE Value TYPE OF BUILDING FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK SUB. LOT Est. Mkt. Value ,(~aa_ y,~ _/_:// TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET j VILLAGE/Q DISTRICT I SUB. LOT /'"'1 - ! '1/ FO~ OWNER / ,N ~ % t:' E ACR~GE J ~ LAND IMP. \'~ -- ~-"~TOTAL DATE REMARKS _ ',0 ~ Ct) I,_~_ a , -- / ~// I I NEW Tillable 1 2 Tillable 3 Woodland Swampland Brushland House Plot Total NOILMAL BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD ;BULKHEAD DOCK APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RrlAD- STATE RnAD 25 snimthmLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO: Victor Lessard, Building Department Administrator FROM: Jerry Goehringer, Chairman DATE: August 15, 1984 SUBJECT: Appeal No. 3280 - Robert DeTrey by Property Addition P. Mullen, Architect Location: C.R. 48, Greenport to Dwelling/Insufficient Sideyard Setbacks In reviewing the recent application in the above matter, and in researching the history of this parcel, it appears that the premises in question has been deeded in separate names, and therefore the dwelling addition substantially would encroach on the other lot. Attached are copies of the County Tax Map and the Assessors' Cards reflecting different ownership, to wit: 1000-40-1-10 owned by R. DeTrey and wife; 1000-40-1-11 owned by R. DeTrey solely. We ask that if an amendment to your Notice of Disapproval is made that copies be provided for the applicants' agent in order that they may make adjustments accordingly if they desire. Southold Town Board of Appeals APPEALS BOARD MEMBERS September 13, 198~ GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q o R .A . SERGE DOYEN, JR. ROBERTJ. DOUGEASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3280 PROJECT NA~IE: ROBERT DeTREY 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: EX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Insuff. s~deyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 62825 C.R. 48, Greenp0rt,_ NY; County Tax Map No. 1000-40-1-10,11. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2). The relief requested is a setback or lot line variance, which does not require further processing under "Type II" Actions of the State Environ- mental(~a~--~-- ~e~sA~t from high water mark. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. .Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Prevision~ of the Amended Cede of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main R~d, Southold, NY by the Southold Town Board of Appeals at a Reg. uinr Meetin~ on -~IURSDAY, NOVEMBER 1~, 19~4, com- mencing at 7:30 p.m. and as fol- 7:$0 p.n~ Application for ALE- for a V~rinne~ to ~le Zonln~o Or- 31, Bulk ~ (Al06) for ap. proval of i=~df]~ient area of a pureel to be ~offin thi~ divizion Map' Parcel No. 1000-054-05- 45.8 and 45.9 (45.7), and lo.ted on the ~outh S~de of North ~ D~ve ~md the No~t~ ~de of NY. 7:35 p.m~ Applicat/0n for JOHN WICKHAM, M,d,,, Road, Cutchogns, NY CoF,~ Esq.) for a Vari~ce to Amond Conditions 3, 7 and 8 ofthe 6/28/ 84 decision remiered under Ap- peel No. 3222 and Article VI, Section 100-60 in a propo~l to e~tabliah bnsine~a ofce for aory uns for storage and repair of contra~s own veh/cle~ and equipment, at 67576 Main Boad, Greenport, NY;~mpty Tax Map Parcel No. 1000~i2-05-058. 7:45 p.m. Application for JAMES AND BEULAH RIC- KEITS, Conklin l~ad, Mat- tituck, NY ~oy G: OInsn, Esq.) for a Varionca to the Zoning Ordi. 100~1, (Al06) for approval ofin- aufcient area and width of two of is,,1 located on the We~t ~de of Conldln Road (Grant C~mty Tax Map Parcel No. IOg0-L~9-03-19 and 30 (30.1). . ?:55 p.m. Application for JOSEPH A.-.WANA?, c/o A~ tituck, I~ for a Variance to the Soc~on 100-31, Bulk ~hedule, for approval ofinzufficient width ' of parcel to be set-off located on a private fight-of-way at the north side of Bergen Avenue, eel No. 1000-112-01-016. 8:05 p.m. Application for TONE AND JEAN P~m~KA, 16045 Mni. Ro~i, Mattituck, NY for a Varianc~ to the Zoning 100-31, Bulk Schedule, for ap- azed division of land located on the enst side ~tooka Lone, Parcel No. 1000-115-04-009. 8:10 .p.m. .application for WINDS WAY BUH.nING Beach Park Filed Map No. 90, Lots 82, 83, 94; County Tax Map Parcel No. 1000-90-03-18. 8:15 p.m. Application of MARIE J. PA'rrff/tSON, 12 Turnwood Ct., Hem[=stead, NY 11550 for a Variance to the Zon. tion 100~1, Bulk Schedule, for appreva] ofiosufficient area (and width) of two parcels in this prop- the South Side of Peconic Bay Tax Map parcel No. 1000-128- 8:20' p.m. Application of SOUTIII,AND CORP, c/o 'W. Emeka, Esq., Box 279, Riverhead, NY for a Variance to struct building with an insuffi- cient s/de yard at South Side ll.~.with ~ insufficient sideya~de; pren~ses known as 628~5 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000~.O-01.10 & pplication for COL- GATE DESIGN CORP., do W. Esseks, Esq., Box 279, Riverhead, NY for a Var/ance to struct buildi~ with an insuffi- c/ent side yard; North Side Main Road, Cutcho~ue (7-11); 1000- 102-05-24. Person~ desiring to appear at the hear~ may do so. Com- munications in wrlt/n~ in rela- t/on thereto may be file~ with our office before or at this hear- Dated: November 2, 1984. BY ORDER OF CORP,, cYo R. Bruer, Esq., Main Main Eond Southold Roe . , ~.-.. BOARD OF APPEALS d, SouthoM, IkIY for a Van- Store~ lonn-~9-~-~ GERARD P. GOEHRINGER, to the Zoning Ordinm~ce, ~'25 n m A~licati~- · Articl ' · ~. ., ~ ...... CHAIRMAN .... e,m;so~on ~ .a~..~,S_u~k ~ ~abSea?O~TYa~ybrP.~u]. land ' .... ~., ...... q, ~,~ ...ff~ ce, ~ruae · .. ,u~_~ ~uog ~eaar romt ~ Section 100-31 for permi~ion to 'YORK IFFOLK ~ of GreenporL in ~n9 duly SWorn, says that he/she is )f THE SUFFOLK TIMES, e Weekly )liahed at Greenport, in the TOwn unW of Suffolk and State of New me Notice of Which the annexed ia has been regularly Published in r once each week for ONE 'ely, Commencing on the $ th ~er 84 Principal Clerk ne this ~ r 19 84 NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Luw and the Pre- visions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on THURSDAY~ NO- VEMBER 15~ 1984, commenc- ing at 7:30 p.m, and as follows: 7:30 p.m. Application for ALEXANDER AND ELIZA- BETH STOLLMEYER, by R. Cron Esq.~ Main Road, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, (Al06) for approval of insufficient area of a parcel to be set-off in this division of land identified as County Tax Map Parcel No. 1000-054-05- 45.8 and 45.9 (45.7), and located on the South Side of North Sea Drive and the North Side of Soundview Avenue, Southold, NY 7:35 p.m. 'Application for JOHN WICKHAM., Main Road, Cutchogue, NY (by A. Wickham, Esq.) for a Variance · to Amend Conditions 3, 7 and 8 of the 6/28/84 decision for approval of insufficient .area (and width) of two parcels m this proposed division of land located at the South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02.17. 8:20 p.m. Application of SOUTHLAND CORP., c/o W. Esseks, Esq., Box 279, River. head, NY for a Variance to the Zoning Ordinance, to con- struct building with an insuf- ficient side yard at South Side Main Road, Southold (7-11 Store), 1000-62-3-37. /" 8:25 p.m. Application for i RO_~BERT DeTREY by P. Mul- ! ler, Meetinghouse Lane, Southampton, NY for a Var- lance to the Zoning Ordinance, - Article I/I, Section 100-31 for permission to construct addi- tion to dwelling with insuffi- cient sideyards; premises known as 62825 C.R. 48, i Greenport, NY; County Tax ,Map Parcel No. 1000-40-01.10 & 11. 8:3S p.m. Application for COLGATE DESIGN CORP., c/o W. Esseks, Esq., Bo~ 279, Riverhead, NY for a Variance to the Zoning Ordin- ance to construct building with an insufficient side yard; North Side Main Road, Cut- ehogue (7-11); 1000-102-0S.24. Persons desiring to appear at the hearing may do so. Communications in writing in relation thereto may be filed with our office before or at this hearing. Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN IT-11/8/84(2) L I L 0 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 o 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 ............ .......... , Notary Public BARBARA FORBES Hotary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires Marc. 3~, 19 J*~' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)....P~..~..~t..1...~.!.]:.]:..e..r.,...~..~'~..~ ....... of ..7.~..!~.~n~.~...~..~...~..~e.'.Lar..~.. ............................ Name of Appellant Street and Number Southargptc~~, ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ,~':~cf, u~'L 14FOR: ~, adc/tzon to ~st~ t-~t74se WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (×) Name of Applicant for permit of .P J,. ?~r~ 6146 l~llam P~msylv~nia Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1 LOCATION OF THE PROPERTY ~62~25 - Co~it7 .aX ,~p O. ] ~060~ 7~'tio~ 040 Street and Hamlet Zone Block i lO & 11 OWNER(S): R.c~.~..J.,~ .~.~.~.~..~. ............ Map No Lot 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 ]00-31 3 TYPE OF APPEAL Appeal is made herewith {or (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeol~'~(~) (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ............................... Dated ..................................................................... ( ) (X) ( ) ,s requested for the reason that fi~ f~t. REASON FOR, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to ~cro~-~h in~o req~ ~ire~_3 siJe ~-~'1 (~a6ti~ue or~'%tl~er side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- se.ry HA[~DSHIP. be.~ause tJ~ ~-~it-~on k.-~ ~ ~ ~O~ ~ of v~ ~ ~ ~ ~le s~11 ~' ~ ~ for 2 The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinilv of this Dr. operty opd in this use district because__ ~ D~e r~uim~] lot %~¢1~ of 150 f~t. Variance would observe the spiritt~~ the .Ordinance and xcVOLJLr~ NOT, CHANGE THE C~ ~AC~F~TRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Ne. 4752~52, Su'delk C ~°~t~D ......... Notary Public BOARD OF APPEALS, TOWN OF SOUTNOLD In the Matter of the Petition of : : Mr. & Mrs. Robert DeTrey : to the Board of Appeals of the Town of Southold : TO: Helen V. Mannix 66 Stratford Avenue Garden City, N.Y. 11530 Helen J. Schmit North Road Greenport, N.Y. NOTICE TO ADJACENT PROPERTY OWNER 11944 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 (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: ~62825 - County County Tax Map 1,000, Section 040, Block 1, Lots 10 & 11 3. That the property which is the subject of such Petition is located in the following zoning district: (A) - Agricultural and R~id~n~i~l 4. That by such Petition, the undersigned will request the following relief: To encroach into required side yard five feet. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road $outhold, New York and you ma), then and there examine the same during regular office hours. (516) ?~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the Petitioner Post Office Address 72 Meeting House Lane Southampton, N.Y. '~1968 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 523 662 375 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Str' t-and No ~ PO tare and ZIP Code Certified Fee Special Delivew Fee Restricted D¢ivew Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, P 523 661 284 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO-' FOR INTERNATIONAL MAIL (See Reverse) and o. P.Q, Slate ind ZIP de I~ ~ ~oL, ( ~. ~,1) Certified Fee Special Delive~ Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom Date, and Address of Delivery TOTAL Postage and Fees Postma~r STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says t~:~t on the1 t~~- day of ~ ~ ,19 ~._.~..~, deponent mailed a true copy of the Notice set forth on the re- verse side~ereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at (certified) (registered) mail. Sworn H;Lbefore me this day of Notary Public ; that said Notices ,~iled~h %aid persons by Legal Notice of Hearings November 15, 1984 Regular Meeting Copies of same forwarded to the following on or about 11/2/84: Richard J. Cron, Esq. for Mr. and Mrs..Stollmeye[ Abigail A. Wickham, Esq. for: Mr. John Wickham and Mr. Joseph Wanat Gary Flanner Olsen, Esq. for Mr. and Mrs. James Ricketts Mr. and Mrs. Antone Mileska, Main Road, Mattituck, NY 11952 Rudolph H. Bruer, Esq. for Winds WaS Building Corp~. Mrs. Marie J. Patterson, 12 Turnwood Ct., Hempstead, NY 11550 William W. Esseks, Esq. for: Colgate Design Corp. and Southland Corp. Mr. Peter Paul Muller for Mr. Robert DeTreS Supervisor Town Board Members Building Inspectors Town Clerk Bulletin Board ZBA Members Individual ZBA files Suffolk Times L.I. Traveler JUDITII · TERRY [OWN ('~ IRK RI {;~S~ RAR el VIr\i 51 x~ls~< s OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town lfall, 53095 Main Road P.O. Box 728 Southold, New York 11971 (516) 765 18/)1 August 14, 1984 To: Seuthold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zonin~ Appeal No. 3280 application of Peter Paul Mullen 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 Department; and survey, and plans. ¢i/-Judith T. Terry Southold Town Clerk t~W YOPd~ STATE OV..PAP. T~NT OF EqVI?DN~TAL CONSE,qVATIOYI , $ Regulatory Affairs Uait ....... Bldg. 49, SUN'f--Room 219 ........... Stony ~rook, ~Y 11794 (516) 751-7900 Peter, P~ul Hul ~.eetin~ House .7~ ''~ Southampton, June 21,198~ RE:DeTrey R.-~i ...... ~, o~T,'~ :/ 1)O0-40-1-10&ll Dear Mr. Muller: A review has been made of your proposal to: Jonstruct a o~e story a,iJ~tlon to the exlsti~l and one half Location: North else of ;orrh ~io'-~i, 3r:enoort (vicinity) New York State Department of Environmental Conservation has found I:he -- parcel ~[i()0( project to be: Creater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 109' in length constructed prior ~o September 20, 19~7. Landward of 10' contour elevation above mean sea level on a gradnal, nat- ural slope. XXX Landward nf topographical crest of bluff, cliff or dane in excess of 10 feet in elevation above moan sea level. TBerefore, no hermit under Article 25 (Tidal UetLands of the Environn~ntal Conservation Law) is required at this time since the current proposal ia beyond State m~ndated Jurisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It ia your responsibility to notify this office, in writing, if such additto~al work of modificatio~s are COntemplated, Very truly yours, '[ho ;;.'f.S. J:lv,rl)mileri(,~l (/u;iiOy ,~:v,,:'lt /.ct. i'u'qUli~ts :u~,- mission of Lhis ~rlll, arid dn environ,nenLdl ,view will be made by this boa,d before any action is tak .~. (a) In order to answer the questions in this short £AF is is aa$~¢ed that the preparer will use currently available infcrr~tion ccnce.~nlng the project and the likely Lu~acte of the action, i~ is not ~ec%ed that addl%~onal ~tudi~, r~aemr~h or other Investigations w~i bQ ~dertaKon, (b) If any question has been answered Yes the p~'oJect ~y be aigllificant and a ocmpleted Envircr~ental Assessment Fol'm is necescary. (c) If all questions have been answered No it is likely that this project Cs not significant. (d) F~vircnnent~l As~eeement l. Will project result in a larEe physical cbmnge to the project ~ite or Dhysloal!y alter more t~n 10 acres of land? . , · · · · · , 2. Will there be a major change to any ~uique or unuaual land fo~ found on the alta? Will project alter or have a large effect on an existing body of water? . , , . o Will project have a potentially large lmpac~ on groundwater quality? , , , · , , · , Yea ~'/ No Yes ,~No Yes ~/~ No Yea yea/'Nc Will project significantly effect drainaEe f~c~ 6. Will project affect any threatened or endangered plant or anLr~l species~ . . . . . ° Yea ~ No 7. W~_ll project result in a major adverse effect on air quality? ........ Yea ~ No 8, Will project have a ~mJor cffect on visual char- known to be important to the com..hungry? , , , Yes 9. Will project adversely Lu. pact any site or struct- ure of historic~ pre-~istoric~ or paleontological importance or any site decimated as a critical environmental area by a local agency? , , . Yea ---- No 10. Will project have a major effect on existing or 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, ¢.- 'dill project have any impact on pub].ic health or Will ?.reject ~£fcct the existing com~uniLy by directly causing a ~rcwth in Der~anent popt~a- charact'$~ of the com_~unity ;r nei,411bornood?. . Yes , ~/ No R£?RKSS~iTISG: DATE: QUEST!ONNAIRE 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 tile N.Y.S. Department of Environmental Conse~'vation, Environmental Analysis Unit, Building q0, S.U.N.Y., Stony Brook, NY 1179q, (tel. 516-75~--7900), if you have checked Box #1 and/or Box #6 below. Please either call their office o~ personally visit them at their Stony Bl~ook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ l/]/ 5. 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 waterfror}t or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental [ ] 50' existing road [ ].//~xistin9 structures [~,2/' bluff area mm-e than 10~ in elevation above mean sea level This proposed addition/expansion of an existing building will be more titan 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 alsu 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 processln9 of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processin9 your application(s).