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Home My WebLink About3285~A~cY® ~± ~ ~ 11/29/84, for storage only Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3285 Application Dated August 3], ]984 TO: Mr. Garrett A. Strang, R~A. for JOHN AND MARILYN FLYNN Main Road Southold, NY 11971 (Public Hearing 11/29/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on N0vember 29, ]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 ]00-32 [ ] Request for Upon application for JOHN AND MARILYN FLYNN, c/o G. Strang, Box 1412, Southold, NY for a VarTance to ~ Zoning 'Ordinance, Article III, Section 100-32 for permission to retain existing frontyard location of a concrete block structure as a storage building, accessory to a proposed single-family residence, premises identified as County Tax Map Parcel No. lO00-111-12-O01; 2250 Little Peconic Bay Boulevard (a/k/a 5650 Nassau Point Road), Nassau Point Subdivision Part of Lot 142 and 143, Cutchogue, NY. The board made the following findings and determination: This is an appeal from a Notice of Disapproval from the Building Inspector dated August 29, 1984 for which the applicants applied for a building permit to construct a one-family dwelling 35 feet from Little Peconic Bay Road. The site plan dated August 29, 1984, prepared by Garrett A. Strang indicates that there is an existing 12' by 16' concrete-block building 7± feet off the northerly boundary line along Little Peconic Bay Road. It is the applicant's request to retain same as a storage building accessory to the proposed one-family dwelling. It is the opinion of this board that it is the unusual character of this parcel, having frontage along three streets, which lends itself to the practical difficulties of this case. Article III, Section 100-32 allows accessory buildings for storage purposes only in the rearyard and having a minimum setback of three feet from all property lines and a maximum height of 18 feet. This parcel technically has three "front" yards. In considering this appeal, the board finds that: (a) the circumstances of this appeal are unique; (b) no adverse effects will be created affecting adjoining properties; (c) the variance will be in harmony with and promote the general purposes of this zoning ordinance; (d) the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief as requested under Appeal No. 3285 for permission to retain an existing 12' by 16' accessory building DATED: (CONTINUED ON PAGE TWO) CHAIP~N, SOUTHOLD TO,tN ZONING BOARD December ]0, ]984. OF APPEALS Form ZB4 (rev. 12/81) Page 2 Appeal No. 3285 Matter of JOHN AND MARILYN FLYNN Decision Rendered Novembe.r 2.~, 1984 for storage purposes in the frontyard, BE AND HEREBY IS APPROVED, provided that same not be used for habitable or sleepin9 quarters (only for storage). Location of Property: 2250 Little Peconic Bay Boulevard, Cutchogue, NY; Nassau Point Subdivision Part of Lot 142 and 143; County Tax Map Parcel No. 1000-111-12-001. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk December 10, 1984 RECEIVED AND FILED BY I THE SOUTHOLD TO~YN CLERIf , Tow~ of ~ou~hclcl 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 Regula. r Meeting on THURSDAy.,. NOVEMBER 29, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ERNEST GUETTINGER, 950 Oak Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sec~tion 100~32 for permission to construct addition to accessory garage located ~n the frontyard area with a reduced sideyard setback, premises identified as County Tax Map Parcel No. 1000-136-01-37; 950 Oak Street, Cutchogue, NY. 7.:35 p.m. Application for JOHN AND MARILYN FLYNN, c/o G. Stra~g, Box 1412, Southold, NY for a Variance to the Zoning Ordinan~e~ Article III, Section 100-32 for permission to retain existin~ frontyard location of 6 concrete b!gck structure,as a storage §u~lding, accessory to a proposed single-family residence, premises identified as County Tax Map Parcel No. lO00-111-12-1; 2250 Little Peconic Bay Boulevard (a/k/a 5650 Nasau Pt. Rd.), Nassau Point Subdivision Part of Lot 142 and 143, Cutchogue, NY. 7:40 p.m. Application of ALFRED AND BARBARA DiNUNZIO, 6 Glenn Road, Southold, ~Y for a Variance for approval of access, New York Town Law, Section 280-A concerning right-of-way located ~ff the east side of Wells Road, County Tax Map Parcel No. 7:50 p.m. Application Peconic, NY; .to-premi-ses identified as 1000-75-06-001. - for JOSEPH GRASSO, C/~ D.'.D6hi~, 'Rdute 25, Aquebogue, NY for a Variance to the Zoning Or'dinanc~ Article III, Section 100-31, Bulk Schedule, for pe~m~§~sion to c6nstruct new one-family dwelling with an insufficient frontyerd setback at premises identified as County Tax Map Parcel No. 1000-59-06-003~ located on the North Side of Sound View Avenue, Southol~, NY; (current owner: A. Milne). ~- 8:00 p.m. Application for JOSEPH_GRASSy, c/o D. Denis, Route 25, Aquebogu.e, NY for a Variance to the Flood. Dam~ge~revent~6n La~ Ch. 46, for permission to utilize area be.low the minimum required flood elevation for mechanical equipment, at premises identifiee as County Tax Map Parcel No. 1000-59-06-003, North Side of Avenue, Southol.d, NY (current owner: A. Milne). Sound View 8:05 p.m. Application for RICHARD W. SLEDJESKI, c/o I. Price, Esq., 828 Front Street, Greenoort, NY for a-Variance to th~ zoni-ng Ordi- nance, Article XI, Section lO0-11'9.l, for permission to co~struct ¢ Page 2 - Legal Notice of Hearings November 29, 1984 Regular Meeting Southold Town Board of Appeals fence exceeding the maximum four-foot premises identified as County Tax Map 1040 Homestead Way, Greenport, NY. height requirement, at Parcel No. 1000-40-02-21; 8:10 p.m. Application of GENERAL WAYNE INN, Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30[C)[6](f) for permission to erect dir~ct~onal~sign at premises identified as County Tax Map Parcel No. 1000-69-02-003; corner of C.R. 48 and Ackerly Pond lane, Southold, NY (current owner: S. Doroski). 8:20 p.m. Application for ANTHONY PAGOTO, c/o Swim King Pools, Route 25A, Rocky Point, NY 11778 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate inground pool in an area other than the required rearyard, at premises identified as County Tax Map Parcel No. lO00-111-15- part of 1~6 (part of 1.3). 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 BOARDiO~ APPEALS GERARD '~. GOEHRINGER, CHAIRMAN Notice to newspapers: Please publish THURSDAY, NOVEMBER 8, 1'984 and forward 8 affidavits of publication to: Board of Appel Main Road~, Southold, NY l1971,.before November 19, 1984. tel. 765-1809 Copies forwarded to the following on or about 11/2/84: Mr. Ernest Guettinger Mr. Garrett A. Strang, for John and Mar~ynn Mr. and Mrs. Alfred DiNunz~o Mr. Roger Cullen, Box ~ Shelter Island, NY 11965 Mr. Donald A. Denis, for Joseph Gr~sso Harold King, Esq., for Josep~ Grasso Irving L. Price, Jr., Esq. for Richard W. Sledjeski General Wayne Inn Swim King Pools, Route 25A, Rocky Point, NY for Anthony Pagoto Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Building Inspectors TO~'N OF ~T~tOLD BULLDING DI~RTMENT T~N CLE~K~ OFFICE $OUTHOLD, N.Y. NOTICE OF DISAEPROVAL File ~ .o ................................ · P~E TAKE NOTICE tha~ your application dated ........................... 19 ..... Co~t~ 't~ ~ ~. ~0~ ~t~o~ .... ~ ~ ~ ....... ~ .... ) ~ ...... rot ... ) .......... Subd~5~don ................. Filed Map No ................. Lot No ................. is retumed.here,vith and disapproved on tb.e following gromnds.....O~..' .q~....~.. ~ . Building inspector RV 1~ RECEIVED tAUG 11984, APPEAL FROM DECISION OF BUILDING INSPECTOR TOWN OF SOUTHOLD, NEW YORK APPEAL NO.x,~o~., ~::~.f tO tHE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We)..G..~,~.~...e,~.,~..,A:....s.~,.~.9.~.,q...f.°.,~....F.~.~..~of ...~.4.6.5..5....~,.~..J:.~.....~..~.., ....................................... Nome of Appellant Street and Number ..... ..S..o..~,nh. old ....................................... ~.:.¥..: .......... HEREBY APPEAL TO Municipa!ity State THE ZONtNG BOARD (DF ARpEALS FROM,THE DECISION OF NE BUILDING INSPECTOR ON APPLICATION DATED.*. 1.8/28/84 FOR:: Building P'ermit WHEREBY 'THE BU~I~.6~NG IiNSPECTOR DENIED TO ( ) { ) (X) Name of Applicant for permit of .... .......... 7.! .......................... Street ano Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Sinqle family dwelling LOCATION OF THE PROPERTY ..2..~.5..~..~..J:.t...~...~..e.~..P..e..c...°.~.~.c.~..~.a.~...`~..~.:....C.~.~.c..~9.~.q.e.~....~-Aes~ Street and Hamlet Zone 156 143 OWNER(S): .JQ~j%.~.~.~%.~i~/~... Meo No. Lot No, 2 PROV SION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectior aha Parograpr of the Zoning Ordinance by number Do not quote the Ordinance.) Article III , Section 100-32 3. TYPE OF APPEAL Appeal is maae herewith for ( ×~ A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE aue to lack of access State of New York Town Law Chop. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (L~,~(has not) been maae with respect to this decisicn of the Building Inspector or with respect to this property. Such ~ppeal was I ' request for a special aermit ( } request for a variance and was made n Appeal No ............................. Dated ................................................................ REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that ~e ~ould l±ke 1. To retain an existing concrete block structure and use same as acessory building 5o new residence. Construct a Single Family Dwelling on this property which meets all of the requirements of the zoning code. ~orzn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STR~T APPLICATION OF THE ORDINANCE would produce practical difficulties or unne_ces- sary HARDSHIP because It mandates that the previously existing concrete block building of approximately 12' x 16' be removed prior to issuance of a Building Permit for the new Residence. It is my clients intentions to make use of this building as an accessory structure inasmuch as it is structurally sound and in good condition. To remove this existing building and build another in the rear yard will present an unnecessary hardship to my client. 2. The narasnlp created is UNIQUE and is not shared Dy all properties alike in the immediate vicinity of this 3roperty and r this use district because This building was existing at the time my client purchased the property and shows on a survey dated March 17, 1954. Its location in the front yard is created by thefact that the property is bounded on three sides by roads. In addition the best location for the principal building establishes the accessory building lie in a front yard. 2 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The existing building ms of little consequence due to its size and intended use. The established Front Yard fronting on Little Peconlc Bay Blvd. which is nothing more than a dirt road acting as a driveway to other residences to the North. STATE OF NEW YORK ) ) ss COUNTY OFSuf£olk ) Sworn to this ..............................................day of ..................................... Examined ................ 19 ... ~pproved ............... TOINN OF SOOT~OLD BUILDING DEPARTMENT TOWN HAL L SOUTHOLD, N~¥. 11971 TEL.: 765-1803 Apphcatlon ............... Disapproved ~/c ....................................· (Bui~i~ :inSPector) b. Plot plan showing l~agion of lot and o r areas, and giving a~on. c. ~ d.~ ~ail be kept on ~e e. No ~il have b~n APPLICATION I~. uilding .egulationa, he applicant agrees~to ~mgly ¥ trait authorized insl~o~ on INSTRUCTIONS ' or in ink and submitted to tl~ Building Inspector, wi~: relationship to adjoining: premises or public street be drawn on the di~j'am ~which is part of this appli i~_~.. Ce of Buildinglpmnnit.. a Building Permit to the ipp;-icant. Such permi the work. or in part for any purpose whatever until a Certificate of Occupanc: for ~he i~usnc~ of a Building Permit pu~uant to th~ New York, and other applicable Laws, Ordinancea o or for removal or demolition, as her~in dor~ribed building code, hollai~g codc, and regulations, and tc g for n~ee~ inspection. (Signa~re ofapp~cant, orname, ifa corporation) P.-0-.~97..~.~.~9~9~.~:~.'._!!~.~! ...... {l~a~ingaddre~ ofapplicanO tare whether applicant ia owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ;nme of owner of pr~mis~ ...... J..o. ~.n..qn..d. ~qr..J.~n...F?.,y.n.n, .......................................... (as on ~he tax roll or latest deed) applicant is a corporation, signatur~ of duly authorized officer. (Name and title of co~porate officer) .e)ec.. e9 Builder's License o ................ Plumber's License No. . . Electricia~fs License No ....... : ............... Other Trade's Licen~ No ...................... Location of land on which proposed work will be done .................................................. .L.i~t.tle.-~Peconic Bay Rd. & Wunneweta Rd:...C. utc.ho~ue., House Number ,... Street H~anlet County Tax Map No. 1000 Section ...! ~. J ............ Block .... ~..2.. ~ ......... Lot ..... ~ .............. Subdivision ,N.a.~.s..a.u..P.~,:..C.174 .b' .P.KQp.e[.~.J:.o..~..X.n.c.: Filed Map No .... ~.5..6 ........ Lot ...1.~..3 ......... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and o ~c~up__a~¢¥ ...... Vacant b. Intended use and occupancy ....... S..~.n.~.l.?. f?:m. 5.i¥..d.¥?.i.Z.~n.~j ................ -:/ ................. 3. Nature of work (check which ~ ,~able): New Bu/lding .......... Ad~-~on .......... Alteration Rep~ .............. Romov~ .............. Demolition .............. O~er Work .............. 4. ~ated ~st ........... ~PAq ~ 9P.q~g9 .............. ~ec ..................................... (to ~ p~d on f~ ~ ~pfi~fion) 5. If dwe~g, number of dw~g ~ ............. ,. N~r of dw~ u~ts on ea~ fl~r .............. If g~e, n~r of ~ ...................................................................... 6. If busine~, eomm~re~ or m~ed ~cy, specify na~r~ ~d extent of each ty~ of u~ ................... 7. D~endons of exht~ s~s, if any: Front ............... Re~ .............. Dep~ ............. HeiSt ............... Numar of Stofi~ ...................................................... D~an~ons of~e s~e~ ~ flte~fions or additions: Front ................. R~ ................ O~pa ...................... He~t ......~{ ............. N~r of Sto~s ......... ~., ........ 8. Dimen~o~ of en~ n~w cons~cflon: Front ... ' Rc~ .... { Y.' ........ ~pth HeiSt .... 32: ........ N~r of Stories ....... ~!q ........................................... .. ~.0. ............ 9, Size of lot: Front ' · 449' ~,th ~50' il .......... ...................... m. o~t~ or~ur~h~ ..... ~.a~P ................ ~ ~ ~o~;r ...Wa~V~P, .......... t 1. Zone or u~ d~ct ~ w~ p~m~ ~ gtuated .... ~z. ,~A~ 9~.~. ~q~gP~ ................. ~ 2. Does pmpo~d comecon ~ola~ ~y zo~ law. o~inance or ~lafion: . ! .... ~P ........................ i3, WHI lot be r~d ........ ~.~ ................ WHl exce~ Cffi ~ ~mov~ from p~mis~: x Yes 14. Nane of Own~ ofp~ ... ~.~Y~P ........... Addre~ ~PP.,. oT~A~... Phone N~ l ~AI Nancof~chi~t G~7~ ~...~P~.~9 .AO~ess Sou~,o~5i N,Y Pho~N~16-7~5-54~5 N~e of Con~t~ .... ~9~. P.q~9~ ....... Mdrc~ ................... Phone ~ ................ PLOT DIAGRA~ Locate clearly and distinctly all building, whether existing or proposed, and, indicate all set.back dimendlms from property lines. Give street ired block number or description a~xolding to deed~ and show street names ,aml,~aie~whethe~ ~nlerior or corner lot. See Attached S'r^T~ oF N~W YO~, 3ouN~Y oF..s..u.f.fRI..k ....... s.s Garre~c ~ Stranq being duly sworn, deposes and says that he is the applicant (Name of individual ~ contract) ~bove named. Architect itc is the ......................................................................................... (Contrictor~ agent, corporate officer, etc.) ~f said owner or owners, and is duly authorized to perform or have performed the said wark lpplication; that ail ~ta~e~nanta contained il~ this applicalion arc work will be performed ha the manner ~t forth in th~ application fded therewiti~ Sworn to I~fore me this ...... .......... ......... , N~'tt~t ~auC ~t~ o~ Ne,, yo~,, (Si~natur~ of applicantI ~'etp, Exp,res March ~0 7Q~?.,~ OWNER RES. ~j/ SFAS. LAND IMP. S VL TOTAL O~ $OUTHOLD PROPERTY VILLAGE E W CArD SUB. ^cR,/,~/o TYpE OF BUILDING FARM COMFY. CB. MICS. DATE REMARKS Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPP[LMAN Town of Southold Board of Appeals December 18, 1984 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. .~pplicant Municipal File Number Richard W. Sledjeski ~/~John & Marilyn Flynn 3284 3285L~ Very truly yours, Lee E. Koppelman Director of Planning by , Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11g71 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. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H, SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3285 PROJECT NAME:jOHN & MARILYN PLYNN 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: ACcy. - front yard LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 2250 LITTLE PECONIC BAY BLVD., CUTCHOGUE~ NY 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) Relief requested is not directly related to new construction. (3) The relief requested is a setback or lot line variance~ which does ~gt~re~ui~e furt~e~ Dro$~si~g ~nde~ ~Type II" Actions of the FOR ~E~%~%~,~k~ ~%~TA.-O~nda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to %he applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals 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.:3285 Applicant: JOHN & MARILYN FLYNN Location of Affected Land: 2250 Little Peconic Bay Blvd., NasSau Pt County Tax Map Item No.: 1000- 111-12-001 Subd., Cutchogue~ Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage ~ Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. granted COMMENTS: Applicant is ~Ca~permission to retain existinq building as a storaqe building~ located in front yard, for. storage purposes only. ~ Copies of Town file and related documents enclosed herewith for your review. Dated: 12/12/84 ~/~t~ ~-~~ Temp. Sec~fetary, Board of A~peals Southoid Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December lO, 1984 Mr. Garrett A. Strang, Main Road Box 1412 Southold, NY 11971 R,Ao Re: Appeal No. 3285 - John and Marilyn Flynn Dear Mr. Strang: Please find enclosed a corrected copy of the official findings and determination in the above matter which has been filed this date with the Office of the Town Clerk. The copy forwarded to you earlier should be discarded. Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk GERARD P. GOEHRINGER County Planning Commission Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11'::371 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGIJt. SS JOSEPH H. SAWICKI December lO, 1984 Mr. Garrett A. Strang, Main Road - Box 1412 Southold, NY 11971 m.no Re: Appeal No. 3285 JQhn and Marilyn Flynn 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 ~? 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 CHAIRMAN inda F."Kowalski Secretary GARRETT A. STRAN(~ ARCHITECT MAIN ROAD, P. O. BOX 1412 SOUTHOLD, NEW YORK 11971 'F~-~ I 3T I N C..~ A CC- F__.- 3'~ c2 P..'Y ESUI bDI N.G 'ff"L'"f I',,.] ~ 1::~1::~,...2 ~'E.-]:~x-'f- "'r' NAf33AU P,.,-~I NT , k~ 'Y. NOTICE IS HEREBY GIV- EN, pursuant to Section 267of the Town Law and the Pro- visions of the Amended Code of the Town of ~outhold, 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 29r 1984~ commenc- ing at 7:30 p.m. and as follows: 7:30 p.m. Application of ERNEST GUETHNGER 950 Oak Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct addition to accessory garage located in the frontyard area with a reduced sideyard setback, premises identified as County Tax Map Parcel No. 1000-136-01-37; 950 Oak Street, Cutchogue, NY. ~'7:35 p.m. Application for JOHN AND MARILYN FLYNN. c/o G. Strang, Box 1412, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to retain existing frontyard location of a concrete block structure as a storage building, accessory to ~a single-family resi- proposed ~dence, premises identified as County Talt Mai) parcel No. 1000-111-12.1~;2250 Little Pe- conic Bay Boulevard (a/k/a L5050 Nassau Pt. Rd.), Nassau Point Subdivision Part of Lot 142 and 143, Cutchogue, NY. 7:40 p.m. Application of ALFRED AND BARBARA DJ- NUNZIQ, 6 Glenn Road, Southold, NY for a Variance for approval of access, New York Town Law, Section 280.A concerning right-of-way locat- ed off the east side of Wells Road, Peconic, NY; to premis- es identified as County Tax Map Parcel No. 1000-75-06- 001. 7:50 p.m. Application for JOSEPH GRASSO~ c/o D. Denis, Route 25, Aquebogue, NY for a Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for permission to construct new one-family dwelling with an insufficient frontyard set- back at premises identified as County Tax Map Parcel No. 1000-59-06-003, located on the North Side of Sound View Avenue, Southold, NY; (cur- rent owner: A. Milne). 8:00 p.m. Application for JOSEPH GRASSO. c/o D. Denis, Route 25, Aquebogue, NY for a Variance to the Flood Damage Prevention Law, Ch. 46, for permission to utilize area below the minimum re- quired flood elevation for mechanical equipment, at pre- mises identified as County Tax Map Parcel No. 1000-59-06- 003, North Side of Sound View Avenue, Southold, NY (cur- rent owner: A. Milne). 8:05 p.m. Application for RICHARD W. SLEDJESKI, c/o L Price, Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordin- ance, Article Xl, Section 100- 119.1, for permission to con- struct fence exceeding the maximum four-foot height re* quirement at premises identi- fied as County Tax Map Parcel No. 1000-40-02-21; 1040 Homestead Way, Greenport, NY. 8:10 p.m. Application of GENERAL WAYNE INN, Bay- view Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article Ill, Section 100- 30(C)[6](0 for permission to erect directional sign at pre- mises identified as County Tax Map Parcel No. 1000-69-02- 003; coruer of C.R. 48 and Ackerly Pond Lane, Southold, NY (current owner: S. Dor- oski). 8:20 p.m. Application for ANTHONY PAGOTO, c/o Swim King Pools, Route 25A, Rocky Point, NY 11778 for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to locate COUNTY OF SUFFOLK ss: STATE OF NEYV YORK Polricia 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 ............... .~..~...~?.. ........... Sworn to before me this ................................ day of ........... ........ , Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19~f-~ Legal-Notices 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 at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Reg- ular Meeting on THURSDAY, NOVEMBER 29, 1984, mencing at 7:30 p.m. and as fol- 7:30 p.m. Application of NEST GUETTINOER, 950 Oak Strut, Cutchogue, NY for a Variance to the Zoning Ordi- hanes, Article I~ Section 100-32 for permission to construct addi- tion to acceaaory garage located in the frontyard area with a m- dueed sideyard setback, premiaea identified aa County Tax Map Parcel No. 1000-136-01.37; 950 Oak Street, Cutchogue, NY. / 7:35 p.m. App cation for\ / J~.O~N AND MARILYN ~ ~ LI~JNN, c/o G. Strang, BOx 1412, ~Oh~UthOM, NY for a Variance to ~ ~e. Zomng Ordinance, Art/cie / ) to, .Se~t. ion ~00-32forpermission / / . retain existing frontyaed loca- ' tmn of a Concrete block structure as a storage building, accessory to a proposed single-family reei- denre, premises identified as County Tax Ma- Par '" ~econic Bay Boulevard (a/k/a 650 Nassau Pt. Rd.), Nassau Point Subdivision Part of Lot 142 and 143, Cutohogue, NY. 7:40 p.m. Application of ALFRED AND BARBARA Di- NUNZIO, 6 Glean Road, South. old, NY for a Variance for ap- proval of access, New York Town Law, Sectibn 280-A concerning right-of~way located off the east ~ide of Wella Road, Peconic, NY; to premiaee identified as County Tax Map Parcel No. 1000-75-06- 001. 7:50 p.m. Application for JOSEPH GRASSO, cio D. Denia, Route 25, Aquebegue, NY i~r a Variance to the Zoning mance, Article III, Section t00- 31, Bulk Schedule, for permis- dwelling with an insufficient frontyard setback at premises identified as County Tax Map Parcel No. 1000-59-06-003, lo- cated on the North Side of Sound View Avenue, Southold, NY; (current owner: A. Milne). 8:00 p.m. Applicatian for JOSEPH GRA~80, c/o D. Denis, Bouto 25, Aquebogns, NY for a Variance to the Flood Dam- age Prevention Law, Ch. 46, for permiasion to utilize area below th~ minimum requir~l flood ele- vation for m~chanical equip- ment, at premises identified a~ County Tax Map Parcel No. 1000-594)6-003, North Side of Sound View Avenue, Southold, NY (current owner: A. Milne). 8:05 p.m. Application for RICHARD W. SLEDJESKI, c/ o I. Pr/ce, Esq., 828 Front Street, Oreenport, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-119.1, for per-. mission to construct fence ex- ceeding the maximum four-foot height requirement, at premises identified a~ County Tax Map Parcel No. 1000-404)2.21; 1040 Homestead Way, Greenpert, NY 8:10 p.m. Application of GEH~ ERAL WAYHE INN, Bayview Road, Southold, NY for a Vari- anee to the Zoning Ordinance, Article III, Section 100- 30(C)[6](19 for permiszion to erect directional sign at premises iden. tiffed as County Tax Map Parcel No. 10004)9-02-003; corner of C.R. 48 and Ackerly Pond Lane, Southold, NY (current owner: S. Doroski). 8:20 p.m. Application for AN- THONY PA~)TO, do Swim King Pools, Routo 25A, Rocky Point, NY 11778 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permiseion to locate inground pool in an area other than the required rearyard, at premises identified as County Tax Map Parcel No. 1000-111-15.pact of 1.6 (part of 1.3). Persons desiring to appear at the hearing may do so; communi. cations in writing in relation thereto may be filed with our of- rice before or at this hearing. Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGI~R, 1TN8-4700 CHAIRMAN of Greenport, in sworn, says that he/she is ;UFFOLK TIMES, a Weekly ~t Greenport, in the Town Suffolk and State of New ce of which the annexed ia mn regularly published in each week for one ,mmencing on the Sth 19 ~ Principal Clark ~is 8 th 19 84 JUDITH T. TERRY TOWN CLERK 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 August 31, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3285 application of Garrett A. Strang on behalf of John & Marilyn Flynn for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; and s~y. Southo~Clerk RECEIVED !AUG '~ ! 1984 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~,~ c~- ~.~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) Garrett A. Strana for FlynnAz 54655 Main Rd. Name of Appellant Street and Number ....................... .$..o.~..t..h...o.):,d. ........................................................... .N..:.¥.... .......... HEREBY APPEAL TO Municipalib/ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 8/28/84 FOR: Building Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of 54655 Main Rd. Southold, New York 11971 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Sinql~ family dwelling 1. LOCATION OF THE PROPERTY ~.2.~.2..5~Q~.L.~.t...t.~.~.e.~..P..e..c...~..n.~.i..c.~.B..a.y.~.B...~..v...d.~:~C..u...t..c.~.h..~..g..u..e.~`-Res. Street and H~let Zone 156 143 OWNER (S): Map No. Lot No. DATE PURCHASED:....2/73/70......... ..... . 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 Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (l:~.~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP, APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that we would like to 1. TO retain an existing concrete block structure and use same as acessory building to new residence. 2. Construct a Single Family Dwelling on this property which meets all of the requirements of the zoning code. FmTn ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because It mandates that the previously existing concrete block building of approximately 12' x 16' be removed prior to issuance of a Building Permit for the new Residence. It is my clients intentions to make use of this building as an accessory structure inasmuch as it is structurally sound and in good condition. To remove this existing building and build another in the rear yard will present an unnecessary hardship to my client. 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 This building was existing at the time my client purchased the property and shows on a survey dated March 17, 1954. Its location in the front yard is created by thefact that the property is bounded on three sides by roads. In addition the best location for the principal building establishes the accessory building lie in a front yard. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE IARACTER OF THE DISTRICT because The existing building is of little consequence due to its size and intended use. The established Front Yard is fronting on Little Peconic Bay Blvd. which is nothing more than a dirt road acting as a driveway to other residences to the North. STATE OF NEW YORK ) ) ss COUNTY OFSuffolk ) Sworn to this ~ day o .............. ~ ....................................... 19~v' BARBARA A, STRANG No. 4730095 ~ulliflld ir. ~ ~ C~nm/ml~e Ex~n~ ~_~,-,.,% 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Garrett A. Stran~ for Flynn : : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER Mr. & Mrs. Arnold M. Behrer P.O.Box 912 Clinton, South Carolina 29325 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) (~8~ ~,~ (~) [circle choice] 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes- cribedasfollows: 2250 Little Peconic Bay Road. Bounded : North by Little Peconic Bay Rd. East by Nassau Pt. Rd. South by West by Wunneweta Road. 3. Thattheproperty whichisthesub)ectofsuchPetitionislocatedinthefollowingzoningdistrict: A- Residential, Aqricultural 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: That existin~ accessory building be permitted to remain in an established front yard. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III 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) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. ~~ Dated: Auqust 30, 1984 Petitioner Garrett A. Strang, R.A. Post Office Address P.O.Box 1412 Southold, N.Y. 11971 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Arnold M. Behrer P.O.Box 912 Clinton , South Carolina 29325 Mr. & Mrs. U.S. POSTAL SERVICE CERTIFICATE OF MAILING Garrett A. Strang, R.A. P.O.Box 1412 Southold, New York 11971~ Arnold M. Behrer P.O.Box 912 Clinton, South Carolina 29325 MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -- ~OSTMASTER PS FORM MAY 1976 3817 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Garrett A. Strang , residing at Main Rd. Mattituck N.Y. ,beingduly sworn, deposes and says that on the 30th day of August , !9 84 , 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 o~' 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 Southold, New York ;that said Notices were mailed to each of said persons by (certified) (.f<q~k~ez~J~ mail. ,~._~w'_ ~' .. -.-- - - . ~ //~ Sworn to before me this day of ~<?~--~< ,19 ~'~' / Notary Public ,SHORT ENVIRON?4ENT.~L ,ASSESSMENT FOP~ ItlST~UCT!O~S~ (a) In order to answer the 9uestions in this short EAF is is assumed that the preparer will use currently available information concsrnin~ the project and the likely impacts of the action. It is not expected that additional studiee~ reaearch Or other investigations will be undertaken. (b) If any question has been answered Yes the project may be si~niflcant and a completed Environmental Assessment Form is nscessa~/. (¢) If all questions have been answered No it is likely that this project is no._~t si~nificant. (d) Enviror~ental Assessment 1. Will project result in a large physical to the project site or physically alter more than 10 acres of land? . . . o . . . · . Yes X No 2. Will there be a major change to any unique or unusual land form found on the site? . . -- Yes X No 3. Will project alter or have a large effect on an existinE body of water? . . . . . · . Yes X No &. Will project have a potentially large impact on ~roundwater quality? · ' · . · · · · · Yes X No 5. Will project si&nificantly effect drainage flow on adjacent sites? · ' · · · · · · · Yes X No 6. Will project affect any threatened or endangered plant or animal species? . . . . . . . · Yes X No 7. Will project result in a major adverse effect on air quality? · . · · · . . · · Yes X No 8. Will project have a =mJor effect on visual char- acter of the co~munity or scenic views or vistas known to be important to the community? · · · Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local a~ency? · · · Yes._X__ No 10. Will project have a major effect on existinK or future recreational opportunities9 · · · Yes X No 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors~ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes X No 13. Will project have any impact on public health or safety? · · · · · · . ..~ · . · Yes X No l&. Will project ~ffect the existin~ community by directly causin~ a ~rowth in oermanent popula- tion of more than ~ percent o%er a one-year period o~ have a major ns6ativs effect on character of the com.~unlt¥ or neighborhood?.. Yes X No 1~. Is there public co.~trcversy con, em=nE the pro~ect? , , Yes X No PREP~ER'S SIGHATb~E~ , , ~ TITLE: Architect REPRESE~;TI~;G: Mr. & Mrs. John F~ynn DATE: Aug. 30, 1984 / COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. OUEST!ONNAIRE TO BE The New York Sta',e 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., Stony ~3rook0 NY 11794, (tel. 516-75~--7900) 0 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.13.^. application. [ ] I. Ixl I I 4. ! 1 S. l ] 6. [ I 7. 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 waterfr/~[,t or wetlands area May be located within 300' of wat,:rfront or wetlands area; Imwever, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structure5 ! ] 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 landward edge of tidal wetlands/waterfront areas, This proposed addition/expansion of an existing building will NOT be more than 75' from the landward cdge of tidal wetland5/waterfro,~t area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Oepartment of Environmental Conservation for their review and approval. If you are able to provide them with recent photograph': of th~ project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain tile requirements of this State Law and to prevent any unnecessary delays in processing your application(s). (~ COUNTY OF SUFFOLK Real Property Tax Service AgencyJ~L~ GARRETT A, STRANG Brchitect Main Road RO. Box 1412 Southold N,Y. 11971 516- 765 - 5455 Z