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Home My WebLink About3255Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I-.I., N.Y. 11~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3255 Application 9ated June 1, 1984 (Public Hearing July 26, 1984) TO: Mr. Thomas Higgins [Appellant(s)] 48 Kenwood Road Garden City, NY 11530, At a Meeting of the Zoning Board of Appeals held on August ]4, ]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 ]00-3] [ ] Request for Upon application of THOMAS HIGGINS, 48 Kenwood Road, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to dwelling with reduc- tion of frontyard setback from Cedar Point Drive East. Identification of Property: 80 Lakeside Drive (a/k/a 675 Cedar Point Drive East), Southold; Cedar Beach Park Subdivision Lot No. 81; County Tax Map Parcel No. 1000-90-03-014. The board made the following findings and determination: ~~$ ~l~p~p..e_a_l~licant seeks a Variance to Article III, Sec'l~:&l~'~~le of the Zoning Code, for permission to construct walkway ]eck five feet in width, reducing the frontyard setback of the new dwelling structure to 26 feet. The existing frontyard setback is shown to be 31 feet from Cedar Point Drive East on the copy of the survey submitted with this application. The walk- way will lead to the proposed side deck addition which is shown to be set back ll feet from the side property line (which is permitted under the current sideyard requirements of the Code). For the record it is noted that this new one-family dwelling has been authorized by Building Permit #12555Z issued August 27, 1983. The premises in question contains an area of approximately 13,400 sq. ft. with 183.34' frontage along Cedar Point Drive East and 184.18±' frontage along Lakeside Drive. The parcel is of a "triangular" nature with most of the open yard area technically "frontyards." The existing dwelling structure is set back 35' from Lakeside Drive, 31' from Cedar Point Drive East, and 11'3" from the easterly side property line. The parcel in question is known as referred to as Lot 81 of the Subdivision of Cedar Beach Park, Map No. 90, of December 20, 1927. The board members have visited the site in question and are familiar with the neighborhood. Although this parcel is of a shape that frequently requires variances, the hardship does appear self-imposed and the "significant injury" burden has not been shown. The applicant has requested a five-foot walkway, and it is the board's opinion that a three-foot reduction for that purpose, leaving a 28' frontyard setback, would suffice. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was DATED: September 7, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3255 Matter of THOMAS HIGGINS Decision Rendered August 14, 1984 RESOLVED, that Appeal No. 3255, for a reduction of frontyard area for BE AND IS HEREBY APPROVED AS FOLLOWS: application of THOMAS HIGGINS, a walkway/deck as noted below, l. The walkway/deck shall not leaving not less than a 28' frontyard Drive East, and exceed three-feet in width, setback from Cedar Point 2. That the walkway/deck never be roofed or enclosed. Location of Property: Lot 81, "Cedar Beach Park" Map No. 90, 80 Lakeside Drive (a/k/a 675 Cedar Point Drive East), Southold, NY; County Tax Map Parcel No. 1000-90-03-014. Vote of the Grigonis, Douglass unanimous vote of Board: Ayes: Messrs. Goehringer, Doyen, and Sawicki. This resolution was adopted by all the members. RECEIVED AND FILED BY THE SOUTHOLD TOWI CLE? K: DATE 9/~//~/ HOUR ~j :~'-O/°m Town Clerk, Town of Sout?~ot~[___ P. GOEHRINGER, CBAtRMAN 7, 1984 GERARD September GG:lk 'ZONING BOARD OF APPF_ALS, ~, TO~¥N HALL / MAiN ROAD - $.R. 25 $OUTHOLD~ N.Y. _1197.1 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 matters will be held for Public Hearings by the Southold Town Board of Appeals to be held on THURSDAY, JULY 26, 1984 commencing at 7:30 p.m., at the Southold Town Hall, Main Road, Sou~hold, NY, and aslfollows: 7:35 p.m. Appl'ication of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insufficient area of two proposed lots which contain existing buildings, the northerly lot having frontage along Traveler Street, and the southerly lot having frontage along Main Road, in the Hamlet of Southold; County Tax Map Parcel No. 1000-061-I-15.1 (15). Cuddy, (a) :.the.Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcel in this proposed two-lot subdivision (b) New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus~Road. Location of Property: West Side of Camp Mineola Road, Mattituck; County Tax Map Parcel No. 1000-122-05-3.3. - 7:40 p.m. Application of JOHN SIMICICH, by Charles R. ~ Esq., 108 East Main Street, Riverhead, NY for variances to- 7:45 p.m. Application of JOSEPH A. WANAT, by A. A. Wick- ham, 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. ~:50 p.m. Recessed Hearing: HENRY P. SMITH. Variance for approval of two parcels with insufficient area and width in this B-1 Business Zoning District, West Side of Peconic Lane, Pe~on~c. 1000-74-5-2 and 3 (9.2). 7:55 p.m. Application of JOHN GIANNARIS AND OTHERS, by ~ Kape]l, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article XI, Section lO0-112(H) for permission .. easterl~ to use ao2acenc/premqses of the Village of G~eenport of .765 acreage for parking accessory to the snack bar presently owned by the applicants also of Main Road, East Marion; County Tax and No. 1000-35-2-15.1; see Site Plan use existing on the p~rcel located at the north si~e Map Parcel No..1000-35-2-14 revised 5/4/84 and 5/30/84. ~r~'~6ge 2 of 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 26, 1984 8:00 p.m. Application of VINCENT GRIF?O, by I.L. Price, Esq. 828 Front Street, Greenport, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 for permission to construct tennis court and pavillion, both accessory to a proposed one-family dwelling and both accessory buildings to be located in an area other than the required rearyard, at premises known as 2765 Robinson Road (West Side of Bridge or Briar Lane), Paradise Point Subdivision Lot 12 and part of parcel known as County Tax Map 1000-81-1-16.1. 8:05 p.m. Application of NICHOLAS ALIANO, 3800 Duck Pond Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VI, Section lO0-60(B)[1](b), Article V, Section 100-50(B)[4], for permission to es'tablish and build four two-story motel buildings containing 10 motel units for transient use, and an office building of 2,500 sq. ft. in area on this 3.721-acre parcel located on the South Side of Main Road, Greenport, NY. Zoning District: B-Light Business. County Tax' Map Parcel No. 1000-46-01-002.1 8:10 p.m. Application of THOMAS HIGGINS, 48 Kenwood Road, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct deck addition to dwelling with reduction of frontyard setback from Cedar ~oint Drive East. ~Identification of Property: 80 Lakeside Drive (a/k/a 675 Cedar Point Drive East), Southold; Cedar Beach Park SUbdivision Lot No. 81; County Tax Map Parcel No. 1000-90-03-014. 8:35 p.m. RecesS: ARTHUR R. TRUCKENBRODT, ~et al for a reversal of interpretation of Building Inspector.concerning property of D.I. Abbott and J.T. Swanson, Private Road No. 7.(a/k/a Diedericks Road), Orient; 1000-18-03-005.~ Those desiring to be heard may do so in person, or by attorney or other representative. For additional please contact our office, 765-1809 (or 1802). in writing, information, Dated: July 3, 1984. BY ORDER OF THE SOUTHOLD TOWN ~.OARD OF ~pPEALS GERARD P. ~GOEHRINGER ~CHAIRMAN NOTICE TO NEWSPAPERS: Please publish Thursday, July 19, 1984, and~ forward nine affidavits., of publication on or before July 24th to Board of Appeals, Main Road, Southold, NY 11971. Thank you. _ Page 3 - Legal Noti -Public Hearings for~duly 26, 1984. Copies of the Legal Notice to the following 7/16/84: Mrs. Loretta DiMagg.io, Southold EQuities, Southold Charles R. Cuddy, Esq., Esseks, Hefter, Cuddy & Angel for Mr. John Simicich Abigail A. Wickham, Esq. for Philip J. Ofrias, Jr., Esq. Mr. David Kapell for Giannaris Irving L. Price, Jr., Esq. fo~ Mr. Nicholas Aliano, Cutchogue Mr. Thomas Higgins, Garden City Joseph Wanat for Henry J. Smith and others Vincent Griffo Howard E. Pachman, Esq. for Truckenbrodt and others William W. Esseks, Esq. for Abbott and Swanson ZBA board members Town Clerk Bulletin Board Suffolk Times, Inc. for publication July 19th L.I. Traveler-Watchman, Inc." " " " Individual files for reference FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFF~E SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To .......... ....~..~...~. ~...~..~....~..: .......... PLEASE T~E NOTICE that your application dated ....... Location of ~operty ~. ~ %~ ,.~. ~.~. ~¢.~7~ ~' ~,.~ .... Hou~ No, Street Ham/et Co.~t~ ~ ~p ~o. ~ooo s~ct~o~ .... .~ ~ .~... ~ .... ~. ~ ..... ~ot ... ~.~.~ ...... s,~o.~,~.~ ~ ~p ~o ....... ~ ....... ~ot ~ .... ~.~ ........... Building Inspector RV 1/80 ,,JUN 0 ~ 1984 TOWN OF SOUTHOLD, NEW YORK l'~tll (~1~t~Fa~0~ROM DECISION Of BUILDING INSPECTOR APPEAL NO. DATE ~.~'~...~ ..~.../'.!../...¢).. ~...L/- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y 1, ,We) ....~..~..~ ..,~3....~..S. ....... (.~.../...~...~..(....~..."~......of ..~.~......~..~....t~.....~...~....~... ...... ~. .................... Name of Appellant Street and Number .......................... ~'"" "'~;~'~;~;ii~ ............................................................... ................~ame or/~pp ,canr tar perm,t Z;-'"'""%'";" U'l?'"":";"-"'-'"':: ................ Street end Number %JMunicipality 'State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ~'-PERMIT TO BUILD ~4~_ C~_~v ~ ~ -~ C~st~ Street and Hamlet_ ~,~o~e ..~.~..~ ..... ~.~.....q.~ ................ .9..!..~ .......... o~<s~: ~.~..~.~.~...t~.q.q..,..~ /V~aD ~O Lot No, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate ~he Article Section, Sub- section and Paragraph of ~he Zoning Ordinance by number. Do not quote the Ordinance ) Article~qT]-' , Section i~ o - ~> f ~ 3. TYPE OF APPEAL Appee is moae herewith {or ( ~"~A VARIANCE ~o the Zoning Ordinance or Zonin§ Mop A VARIANCE due to lack of access (State o~ New York Town Law Chop. 62 Cans. Laws Art. ]6 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 ( ) A Variance to the Zgning Ordinance is requested for the reason that ~e would like to ~4~ ~ oL~k ouC4ZtzJ~ Form ZB! (Continue on other side) REASON FOR-APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces: 2 The hardship created is UNIQUE and is not shared by all properties olike in the immediate v,cinlt¥ of this property ant in this use district because '~'~.'~ ~¢_~x~. ~1~ ~ ~c 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OFTHED,STR,CTbecause /~-..~.<'~,~ '(~/ ~v~, ~)~,~.~z~o r,~ STATE OF NEW YORK ) ) ss COUNTY OF ) Signature · ' ................ day of .................~/O .................................. OWNER STREET VILLAGE SUB, LOT c,~ I FORMER OWNER N S E ACR, W TYPE OF BUILDING RES. LAND N ~ ~0 RMA L F~R~ Woo~l~n~ Swampland ~n~s~ond House Plot Total ~ COMM. CB. MISC. Mkt. Value SF~qS. VL - I FARM IMP. ,TOTAL i DATE I REMARKS L BUILDING CONDITION BELOW ABOVE Value Per T Value Acre ]. FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHE, qD DOCK Extension Fire Ploce Porch Patio ////'f/: ~'/E. Interior Finish bleat Rooms Rooms 2nd Floc Drivewoy Dinette STATEMEN TH~ WATER SU/PPLY, SYSTEM~ FOR TH CONFORM TO THE SUFFOLK CO~ ~EPT, SUFFOLK COUNTY sERvicEs --~ coNstRuctioN H. S. F,'EF. NO.:__~ APPROVED: HOLE COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E:. KOPPIZLMAN 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 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 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 Hlggins 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 ROAD- STATE RE3AD 25 S~UTHi'ILD, 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 Southold, New York, hereby refers the following to the Suffolk County Planning Commission: 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.: 3255 Applicant: THOMAS HIGGINS Location of Affected Land:SO Lakeside Dr. (a/k/a 6?5 Cedar Pt. Dr. Southold 1000- 90-03-01~. County Tax Map Item No.: Within 500 feet of: Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, __Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, -- or Other Recreation Area Thruway State or Federally- State or Federal Park 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 ~~ permission to construct deck addition to dwelling with reduction of frontyard setback from Cedar Point Dr. E. Copies of Town file and related documents enclosed herewith for your review. Dated: 6/1/84 ~~ /~'~~ i ·emp. Se~etary, Board O'f Appeals ZONING BOARD OF APPEALS /~~ TOWN OF SOUTHOLD In the Matter of the application of THOMAS HIGGINS For a Variance to construct a deck without proper set-back Appeal No: PAUL A. on the PETER ECO, adjacent property owner, by his attorney, CAMINITI, ~ to the granting of the above variance following grounds: 1. APPLICANT HAS ALREADY BEEN GRANTED RELIEF FROM SET-BACK PROVSIONS WHEN HE CONSTRUCTED HIS HOUSE. The board will note from the Map of Property surveyed for Thomas and Anne B. Higgins, previously submitted with the original application, that the set back provisons for the rear of the house are 35 feet whereas the setback for the front of the house is established at only 31 feet. The aplticant was granted this relief to construct the house without the required set-back distance of 35 feet because of the provison in the Code allowing him an exception to the set-back provsions where it can be established that there are other houses within 300 feet with less than the required set-back. Since my house is within 300 feet and has a 31 foot set-back the applicant was therefore allowed to have the same set-back of only 31 feet. To allow him now additional relief and to allow him to expand on an already non-conforming set-back provsion would be an abuse of discretion. It is to be noted that the applicant built an oversized PAULA. CAMINITI ,, ATTORNEYATLAW P O 8OX992 · MAINROAO · SOUTHOLD, N Y 11971 · (516) 765-1401 house of over 1500 sq.feet on the lot taking full advantage of every allowable set-back provision. Every portion of his house just barely meets the requirements.The applicant elected to build a large house on a small lot and purposely built a house with sliding glass doors knowing full well that he would require a deck outside of the windows. The house could just as easily been built with conventional windows which would not require the construction of a deck. The applicant is not a single home builder. He lives in Garden City and has asserted to other neighbors that he has built or is building other houses in Southold. He is an experienced builder and is testing this Board to the Limit. 2. THE APPLICANT HAS DESTROYED THE BALANCE OF NATURE AND HAA SCALPED THE LAND OF ALL TREES AND FOLIAGE. Since acquiring the property the applicant has taken down all the trees belonging to the Cedar Beach Association on Lakeside Drive and Cedar Point Drive and all the saplings and foliage dividing the land between the applicant and Peter Eco. He has completely scalped the land as set forth in the photograph of his house attached to the original application and since doing so he has created a severe drainage problem causing a run-off of water as much as one foot and a foot and a half deep at the lowest point where Lakeside Drive intersects with Cedar Point Drive. When confronted with this problem the applicant replied "the trees will grow back." This is his attitude and the type of person we are dealing with who has absolutely no concern for anyone. PAULA. C~,MINITI ' ATTORNEYATLAW P 0 BOX992 ' MAINROAD · SOUTHOLD, N Y 11971 · (5~6) 765-1401 3. APPLICANT HAS NOT ACTED IN GOOD FAITH AND HAS ABUSED AND UPSET THE ENTIRE COMMUNITY. During the construction of his house the applicant has allowed his workers to use the adjacent land as a latrine. Throughout the adjacent land empty buckets have been found which obviously have been used for toilet facilities. Applicant made no attempt to curtail his workers or to make any provisions for them. Applicant has completely aliented the entire community by his actions and by his attitude. As indicated above, a petition signed by over twenty persons is being submitted by the Cedar Beach Association in opposition to the granting of the variance. An oversized deck with the improper set-back dimensions would destroy the conformity standards of all the other homes. Applicants house is a corner house at the intersection of two major roads and the violation of the set-back provisions would be noticeable to all who passed by. WHEREFORE it is respectfully requested that applicants request for a variance to construct a deck .~hout the proper set-back provisons be denied in all respects. '. -,/" PAU~/C~I N I T I Attorney for Peter Eco Office & P.O. Address P.O. Box. 992 Main Road cor. beckwith Ave. Southold, N.Y. 11971 PAUL A. CAMINITI · ATTORNEY A T LAIA/ P O 8OX992 ' MAINROAD ' SOUTHOLD, N Y. 11971 ~' (516) 765-1401 Sir?Please take notice that the within is a true copy of a duly entered in the office of the clerk of the within named court on 19 PAUL A. CAMINIT! A.orn~ [or Office and Post Office Address MAIN RD. CO~N£R ~a£CKWlTH AVE. P.O. ~x 992 To Attorney(s) for Sir:-Pleale take notice that an order of which the within is a true copy will be presented ~or ~etdement to the Hon. one of the judges of the within named Court, at on PAUL A. CAMINITI A~oraty/or Office and Post Office Address MAiN RD. CORNER B~CKWITH AVE. P.O. BOX 992 Adomey(s) for Index No. Year 19 ZONING BOARD OF: APPEALS TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION of THCMAS HIGGINS For a Variance to construct a deck without proper set-back STATEMENT IN OPPOSITION TO VARIANCE PAUL A. CAMINITI A.o~/or Objectant Office and Post Office Address, Tel~hone MAIN RD. CORNER BECKWITH AVE. P.O. Box 992 ~. N.Y. 11971 To Attorney(s) for Service of a copy of the within Dated, is hereby admitted. Attorney(s) for STATE OF NEW YORK, COUNTY OF ss.: I, the undersigned, an attorney admitted to practice in the courts of New York State, [] CerUfiratio. certify that the within By Attorney ~ has been compared by me with the original and found to be a true and complete copy. i[] Att0rnep'$ state that I am Affirmation the attorney(s) of record for i in the within action; I have read the foregoing and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stiLted to be alleged on informatJ, on and belief, and as to those maRers I believe it to be true. The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing statements are true, under thc penalties of perjury. Dated: The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF ss.: I, being sworn, say: I am ~ [] VerPl~ti0n~ndl'idul in the within action; I have read the foregoing -' and know the contents thereo[; the same is true to my own knowledge, except as to ~ the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. ~ [] Corporate the of Verification u~ a corporation and a party in the within action; I have read the foregoing and know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This verification is made by me because the above party is a corporation and I am an officer thereof. The grounds of my belief as to all roarers not stated upon my own knowledge are as follows: Sworn to before me on 19 The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF I, of age and reside at On By Mail Person,I Service on individual being sworn, say; I am not a party to the action, am over 18 years 19 I served the within by depositing a true copy thereof enclosed in a post-paid wrapper, ~n an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: by delivering a true copy thereof personally to each person named below at the address indicated. I knew each person served to be the person mentioned and described in said papers as a party therein: Sworn to before me on 19 of Appeals Town of Southold Southold Town Board of Appeals MAIN RnAD- ~BTATE RI'lAD 25 Si-iUTHi-ILD, L.I., N.Y. 11~1'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS July 9, I984 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3255 PROJECT NAME: THOMAS HIGGINS 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 insufficient frontysrd setback of deck addition. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Cedar Point Dr., Southold, NY~ Coutnty Tax Map Parcel NO. I000-90-3'I4. 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) A road or structure exists between the activity proposed and tidal wetlands(or other critical environmental FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. i OF APPEALS TOWN HALL MAIN ROAD-S.R.2S SOUTHOLD, N.Y. 11971 COUNTY OF SUFFOLK STATE OF NEW YORK NOTICE IS HEREBY GIV- EN~ pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, the following matters will be held for Public Hoarings by the Southold Town Bo~rd of Ap- peals to be held on THURS- DAY, JULY 26, 1984 cOm- mencing at ?:~0~p;m,* at the Soathold Town Hall, Main Road, Southold, N.Y. and as follows: 7:35 p.m. Application of SOUTHOLD EQUITIES, lINC., in a~ea on this 3.T21-~c~e rcel located on the South pa -- · ~o~d, Greenport, I side of Main ~*tfict' B.Light t Susiness. C°":'l"-~;~[:..,-v parcel I%. i000'~l{oation m .ApP ]]-- I "~'~0 for a V~nCe to · Xi I t~,o-, , -' -nor, Article ~, ing Oram~ · ~l Seato ~ neck addition ~ ~.to constrUcL.~.' .e~uction of ~dwelltng wnn t~ 'ti~.ontyaru. =--t Identifica' 1' point V.ve ~ tiaa of prope~; Drive a/k/acedar ~ Drive F_~sO, Beach park subdivision' if 09 ¥9t, - "d No. 81; Count~ Tax Map parcel No. 1000.90-03-014' 8:3S p.m. ~ BRODT, e~ a~ ,~_; ~u,,Udine In- spector concerning prOpertY of D.I. Abbott and J.T. Swanson, Private Road No. ? (a/k/a Diedertcks Road), Orient; ue 1000.1~03-~05' heard pu Those deaRthS to be ~n r~a?,, ooor b~ attorney at other I!~U~ wt~tm~, .~ ~ . ~ddltinnal ~ -ion, please contact ingo~aX .~ 1809 (or ur BY O~ER OF toqmXs so. HOLD TO~ BOA~ OF AppEALS GEaRD p. ~H~HGER CHA~MAH 1T-~/19/ Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed ot Southold, in Suffolk Count,/; 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 .................................... Sworn to before me this .............. ..~.?.~'..'~. ....... day of .............. ................. , Notary Public BARBARA FORBES Notary Public, State of New York No. ~6 Qualified in S~ffolk County Commission Expires March 30. 19 ~ ~o! ou ,(;SaAe~) s!q) a~o;aq aml)~o ~al;~ · --~'--" · ' '~" '-- :[ "--"'- ~)-A'~'er'a0-W0~l-of'" -- .,~"~'~. - .. Ma~ Road Gr~rt ~. GE~P.~E~GER ~t~ m,~ntto~Uon~' ~y~'~p~]a' . ~M~~ ~'~T~r~ ~ .... a ~.~- R~ e~en~ n0r~eriy ' M~0n' C~v Tax Man *~ ~m~ldTownB~rd uf 1~.3.-% f : -" "'r~'~¥ :- VINCENTGRI~, by IL~ ~~ ~e~,.J of Greenpo~, in ~aSDAY,'JULY 26, 1~ , . .... ~ ~. · ~,- ~"' at 7'~ n m, at ' Wl~am, ~, ~in.R~di; ~ ~,~a ~,,f~td ~ ~ndn~- m me ~n~:~ance;TM ~~~ ~.romz k ~ve -~ ~st.~ =reenpor[, ~n the town f~. ~ - ~- ~ ~ ~ .+~. ~ ~on, ~ [ ...... ~ ~ ffolk and State of New ~ld, ~ ~ a V~ ~:. * ~[~:~ at ~_~ sl~ t~i~n~ ~de ' ' ~AV~~" ~ ~r~ r~-d at'- ~i~x~pFa~l~o.l~. ica week for ~, ~on l~Tt for" ~}!~.~PParcello,', ' ~,s~_~ ~"~ . n~-/~- ~i..;~-~lencingonthe of ~o nr~ Io~ w~ch ' 7 ~ p m ~ecessed B~dge or .,~ , ~ ~ - .~ +~,~ Va~fora~v~two I~-12 nnd ~ of ~reol _ ~ e~ ufinterpre~ono~ ~ / -; .... ;~-r-~'~ . .~ ~ ~trie~'W~t Side ~ ' - ..~ Hamlet of ~u~old; County P~omc ~ne, ~. 1~ NICHOLAS AL1ANO, ~ · ? -(~a ~encks rmc~paf Clerk Tax Map Parcel No. 1000-061- 74-5-2 and 3 (9.2). . Duck Pond Road, Cu~hngue, Road), Orient; 1000-18-03~06. - These desiring to be heard 1-15.1 (151. ?:40 p.m. Application of JOHN SIMICICH, by Charles R. Cuddy, ESq., 108 East Main Street, Riverhead, NY for Variances to (a) the Zoning Ordinance, ArUcle HI, Section 100-31, Bulk Schedule, [or approval of insufficient area and width of parcel in this 7:55 p.m. Application of" JOHN GIANNARIS AND OTHERS, by D. Kapell, 400 Front Street, Greenport, NY. ' for a Variance to the Zoning Ordinance, Article XI. SecUon 100-112(H) for permission to use adjacent easterly premises o! the'Village of Greenpert of 365 acreage for NY for a Sp~ial Exception to the Zoning 0r~in.~uce. Article VI, Section lOO*6~t B)[t](b), Artide V, Sectim~ 150-50(B) [4], [or permission to establish and build four two-story motel buildings containing I0 motel units for transient use, and an office building of 2,500 sq. ft. in area on this 3.721-acre parcel may do so in parson, in 91;h writing, 'or by attorney or 1984 other representative. For additional information, please co~tact our oHice, 765-1809 (or 18~L Dated: July 3, BY ORDER OF THE SOUTHOLD TOWN JUDITH T. TERRY TOWN (LERK 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 June 1, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3255 application of Thomas Higgins for a variance. Alos 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 t~ Building Department; and survey. Southold Town Cle~ BOARD OF APPEALS. TOWN OF SOUTHOLD In ~ Matter o~ the Petition of to the l~:~rd of Aooeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requital) (~p~em~) (Other) [circle choice] cribed as follows:2' That the ~t~ --.~ ~-~pr°perty which is the subc?e~tition is located adjacent to your property and is des- 3. That the ,~ _ ~ _ ~ property which is the subject o.f such Petition is ~ocated in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~c~¢ $. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sectic~ I~ o -.~ ~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be ?led in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the:date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; thaf you or your representative have the right to appear and be heard at such hearing. Dated: ~:~(} I~/~ ! -~ Pet/tioner '-'' ~O Post O~ffjce Address_ NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 565 484 248 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~lal Dellveu Fee ~ ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: (~;~*'~ i:~i~,~ ~//~/_U . being duly sworn, deposes and says that on the /~- day of ~"~h ~ ~ " , ~'9 _~.~, 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat ~{-~_-~ uil~,.~ i~. ; ,_/~,~.L//~ ~- ;thatsaid Notices were mailed to each of said personsby (certified) (registered) mail. ~ Sworn to before me this day of ~'~'t/ ~t L? , ~- ~} Notary Public / ~ ~4~, Suffolk Coun~ ~ ~pk~ March FORM ;~0.3 TOWN OF souTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ . . .~. .~. . . .q.~. . .~. . . . . . .~. . : .......... ~.~. .~. . . . . '. .~,, . ~, ~. ... . .~./. .s. ~.o .... PLEASE TAKE NOTICE that your application dated ....... ~ ~.. ~. ~ ........ 19 .~ ~[.. tbr pemit to ~nstmct .~ ~ ~.. ~~. ~.. ~ .~~ ~:~ ...... at Hou~ No, ~t~t H~mlet County Tax Map No. 1000 Section .... ~ ~ .~... Block .... ~. ~ ..... ~t ... ~).~ ...... Subdivision ~ ..... Filed Map No ....... ~ Q ....... Lot No .... ~.[ ........... is returned herewith and disapproved on the follow~g grounds..~ .~.. ~ .... ~ , ......................... .~...~...'.' ........ .... ~ ...... ~ ............ ~ ... ~ Q . · ............. ........... ..... ................... Building Inspector RV 1/80 The H.Y.S. El~ronmental Quali:y i<eview~I!t refiuires sub- mission of this~'Form, and an envir~m~ental~view will be made by this boa~rd before any action is taken. SHORT. r_NVIRON?~.ENTAL ..ASSESSMENT LgSI'~t~T!CN S~ (a) In order to answer the questions in this short gAF is is aeeum, ed that the preparer will use currently available lr. for?.ation concerning the proJec~ and likely impacts of the action, It is not ex?ected that additional studise~ research or other investigations will be undertaken· (b) If any question has been answered Yes the proJec~ may be significant and a completed Envirommental Assessment Form is necesoar%. (c) If all questions have been answered No iu is likely that this project is significant. (d) Envircrnental Assessment 1. Will project result in ~ large physical cDmnge to the project cite or ~hysically alter more than 10 acres of land? , · · · · · · , , , , 2. Will there be a major change to any unique or unusual land form found on the site? , , · 6. 7. 10. 11. 12. 13. WLll project alter or have a large effect on an existing body of water? · , , , , , , , WLll project have a potentially large lmpac~ on groondwater quality? , , , , , , , , , Will project significantly effect drainage fl~w on adjacent sites? . · . . . . . . . , Will project affect any tkreatened or endangered plant or animal species? , , , W~ll project result in a major adverse effect on air quality? , , , , , , , , · , , Will project have a major effect on visual char- acter of the co~munity or scenic views or vistas know~ to be important ~o ~he com.~unity? , , , Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designate~ aa a critical environmental area by a local agency? . . . Will project have a major effect on existing or future recreational opportunitles~ , · , Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the proJect'~ operation? . Will project have any impact on public health or safety'? · . , , , . , , , , , , Will project Affect the existing communi%y by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one--year period or have a major negative effect on the character Of the com. munity cr neighborhood?, , · , Yes ,~'~No Yes Yea Yes //No ~ Yes Yes /'~No Yes Yes Yes , ,~o Yes 15. Io there public controversy concern'-ng the project? . Yes .~. ~o PREPARER,S S!GNATL,~5:_~ ~ TITEE: ~' 1, /7 QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, $.U.N.Y., Stony ~3rook, NY 11794, (tel. 516-751--7900), if you have checked Box #1 and/or Box#6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. I I I. I ] 3. I I 5. [ I 6. 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 ~.~y property from this environnlental area: 50' existing road existing structures bluff area more than I0' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfro~t area. [ I 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State [_aw and to prevent any unnecessary delays in processing your application(s). 10/831k \ \ ) COUNTY OF SUFFOLK