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HomeMy WebLinkAbout3225 "JOS~ V. RODRIGUEZ #3225 ----W~-S'--F-o~--E-a-n-e, F i-s-h-e-r-s--I-s'-l-a-~d-' ,zg~_ ;5 / ~ ....... ~A~c~nstruct dwelling in this B,I' BusinesS .... District ...... Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c::OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 766-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3225 Application Dated March l, 1984 (Public Hearing Ma3 17, TO: Richard F. Lark, Esq., as attorney for JOSE V. RODRIGUEZ Main Road, Box 973 Cutchogue, NY 11935 1984) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MaY 17, ]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 IX] Request for Variance to the Zoning Ordinance Article VII, Sections ]00-70(^) and 100-7l Request for Upon application of JOSE V. RODRIGUEZ, Box ll3, Fishers Island, New York for a Variance to~'he Zoning Ord'inance, Article VII, Sections lO0-70(A) and lO0-71, for permission to construct dwelling in this B-1 Business District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01-001.002. The board made the following findings and determination: This is an application for permission to locate a 64' by 14' prefabricated, modular home with 12' by 7' vestibule/stoop approximately 13 feet from the northeasterly front property line and approximately 30 feet from the northwesterly side property line. This modular home is proposed for one-family use by the applicant/owner. The premises in question is located in the B-1 General Business District, contains an area of approximately 30,000 square feet, and is improved with a 32' by 35' structure presently used as an upholstery business, "Island Interiors," having a setback from the front property line of 35 feet. Since the premises is polygonal in form, the proposed structure technically has less of a distance from the front property line although the building will be set back behind (westerly) the front of the existing building towards the northerly section of this lot, [see sketched plan submitted 3/1/84]. For the record, it is noted that a prior action concerning this property was rendered March 20, 1980 under Appeal No. 2656 for the Fishers Island Development Corp. which denied insufficient area in a proposed subdivision. In considering this application, the board has determined: (1) that the use hereby authorized will not alter the essential character of the immediate vicinity (2) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the granting of this permit; (3) that the use will be in harmony with and promote the general purposes and intent of zoning; (4) that the circumstances are unique and that by allowing the variance, no detriment would be created to adjoining properties; (5) that no adverse effects will be produced on available governmental facilities of any increased (CONTINUED ON PAGE TWO) DATED: June 13, 1984. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 Appeal No. 3225 Matter of JOSE V. RODRIGUEZ Decision Rendered May 17, 1984 population; (5) that the interests of justice will be served by allowing the relief requested. Accordingly, on motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3225, application for JOSE V. RODRIGUEZ for permission to construct and use 64' by 14' prefabricated building with a setback from the front property line of 20 feet, and 13 feet (inclusive of vestibule/stoop area), FOR ONE-FAMILY RESIDENCY BY THE APPLICANT/OWNER OF THIS PREMISES, BE AND HEREBY IS APPROVED AS SHOWN ON THE SKETCH OF 3/1/84. Location of Property: Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01-001.002. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Sawicki. (Member Douglass abstained for additional time for inspection.) This resolution was adopted by majority vote. P..ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of Southo!d GERARD P. GOE'HRINGER, Oq~'AIRMAN June 13, 1984 NOTICE OF PUBLIC HEARINGS NOTICE iS HERESY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold To~n Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursda~[~_?a~ 17, !984, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GRIFFO, 280 Basin Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to constr~ct accessory building in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 1000-081-01-0!9~ 7:40 p.m. Application of JAMES ANDERSON, 16 Waverly Place, New York, NY for a Variance to the Zoning Ordinance, Article X!, Section lO0-118(D) for permission to reinstate nonconforming dwelling use of building in this B-l Business District, 300 Moore's Lane (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel No. 1000-109-03-008. 7:45 p.m~ Application for ,JOHN WICKHAM, by Wickham, Wickham and Sressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100~60 for permission to use premises as a business office for marine contracting, with accessory use for storage and repair of contractor's own vehicles and equipment, at 67576 Main Road, Greenport~ NY; County Tax Map Parcel ~000-052-05-058. ~ 7:50 p.m. Application of JOS~ ~ ~, Box ll3, Fishers_l ~I~and, NY for a Variance to the Zoning Ordinance, Article Vii, ~Sections lO0-70(A)and lO0-71, for permission to construct dwelling lin this B-1 Business District. Location of Property: West Side of Fox Lane, Fishers ~sland, NY; County Tax Map Parcel No. lOQO-OI2-O1 ~_~02. 8:00 p.m. Application of JOSEPH FISCHETTI, Hobart Road, Southold~ NY for a Variance to the Zoning Ordinance, Article V, Section 100-50(C)[1] for permission to erect sign With less than four-foot clearance from ground, at 52800 C.R. 48~ Southold, NY~ County Tax Map Parcel No. 1000-051-05-002. 8:05 p.m. Application of ROSIN E. CARR, 811 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct inground swimmingpool ~n the sideyard area, at 315 Brown Street, Greenport~ NY; County Page 2 - Legal Notice ~f Hearings 'Sou t~hold Town Board of .Appeals Regular Meeting of May 17, 1984 Tax Map Parcel No. 1000-048-03-042.3. 8:10 p.m. Application of ROBERT W. GILLISPIE, III, Box lll2, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) For permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061-02-07 and part of 05. 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to construct office building with an insufficient frontyard setback, at 1515 Youngs Avenue, Southold, NY (?C-l" General Industrial Zone); County Tax Map Parcel No. i000-60-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception co the Zoning Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section lO0-80(B) for permission to construct office and storage building in this "C-l" General Industrial District, at !515 ¥oungs Avenue, Southold, NY; County Tax Map Parcel No. 1000-60-1-6. 8:25 p.m. Application for GERTRUDE M. ALI by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-018~ 8:45 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., 634 First Street, Greenpors, NY for a Variance to the Zoning Ordinances Article VIii, Sections lO0-80(B) and 100-81, for permission to coA~r~ct building for marina office in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. 8:55 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Sections lO0-80[B) and 100-81 for permission to construct building for marina and:brokerage office use in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. 9:00 p.m. Application of KEVIN AND LESLEY MtLOWSKt, Box 134, Cutchogue, NY for a Variance to New York Town Law, Article 16, Section 280A, for approval of access over a private right-of-way at Page 3 - Legal Notice ~ Hearings 'Soot~o~d Town Board of ~pp6als Regular Meeting of May t7, I984 the west side of Cox Neck Road~ Mattituck, NY; (now or formerly W. Chudiak}; County Tax Map Parcel No. lO00-113-7-part of 12. 9:05 p~m. Application for BERTRAM AND MARGERY WALK_E_R, by R.T. Haefeli, Esq., Box 757~ Riverhead, NY for a Variance to the Zonir~g Ordinance, Article I.TI~ Section 100-31, for: (a) an inter- pretation that the existing cottage and garage are valid pr. eexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (d) approval of a redbc- tion of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Premises located at Edgemere Park, MacDonald's Path off Peconic Bay Boulevard, Laurel; County Tax lqap No. lO00-145-z~-O14. Persons ~avin§ an interest in any of the above matters may apoear and be heard at the time and place specified above. For additional information, please contact our office, 765--1509 or 765-1802). Dated: May 4, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR]NGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: May 10, 1984 and forward t4 affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971; (516) 765-1809, on or before May 1~, 1984. Copies to the following May 7, 1984: S.J. Perricone 'For V. Griffo Mr, VD Griffo Mr. James R. Anderson A.A. Wickham, Esq. for John Wickham R.F. Lark, Esq. for JoV, Rodriguez for ~&---T~t h i 11 for ~ Mr. Jo_ s~ Ro~r~uez Mr. Joseph Fischetti Mr. Robin E. Carr Mr. Robert S. S. Corwin: Esq. for Kathrine Farr Mrs. Kathrine Fart Mr. and Mrs. Kevin Milowski R.T. Haefeli, Esq. for Mr. and Mrs. B. Walker Mr. and Mrs° Bertram Wa~ L~I. Traveler-Watchman, Inc. Suffolk Times, Supervisor Town Board Planning Board Town Attorney Building Inspectors FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL File No. To .... .~..o.X:....//S .................... ... ~ ? ~. Ld ~ ~ ~. . ~l~. l~.xc/~. .-. ~ . ~ PLEASE T~E NOTICE that your application dated ... ~'~~.~..~19 .~ ~o~ ~, ,o ~o~,..~/~..~ .......... ~ .................... : ........ Lo~t~on o f ~o~ty . ~ ~~./rr~ .... ~. ~ ..... ~X~/~ .~p House No. Street Hamle~ County ~ax ~a~ No. ~000 SectJo~ ...~/~ ..... ~]oc~ ...~ ....... ~ot .~.'.~ Subdivision. ~ Filed Map No. ' Lot No. is returned herewith and disapproved on the follow/rig grounds ~~ .¢~..../.~..~ .~. ~..~.~.~'~ ~. :.~.... ~~:...,~. :,. ~.~:...:..~,:.,~z:,.~...,.~ .... .~. o:.../~.?~.~. ~.....~.... (.~. '~ n,~o...~.,~..o: ........ . ~ z~...~>~c~ ~..~..~T~ ~.~. $~. ~ , ~,., Bu~d~g ~spector RV 1180 FORI~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-'1803 ~2xamined ................ ,19... ~pproved ................ 19'... Permit No ............ )isapproved a/c ..................................... Received ............ 19... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tins application mt~st be completely filled in by typewriter orin ink and submitted to the Building Inspector, with 3 ets of ptans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ,r areas, and givLug a detailed description of layout of property must be drawn on the diagram which is part of tins appli- atfon. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Bulldog Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occnpancy hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ~uilding Zone Ordinance of the Town of Southold. Suffolk County, New York, and other applicable Laws, Ordinances or '~egu!ations, for the constructio~ of buildings, additions or alterations, or for removal or demolition, as herem described. 'he applicant agrees ro comply with all applicable laws. ordinances, building code, housing code, and regulations, and to dmit authorized inspectors on premkses and in building for necessary inspections. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) ;tare whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. · .................................................................................... ame of o ner of .... .... .................................... (as on the tax roll or latest deed) .f applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade s License No ...................... Location of land on which proposed work will be done.../7.~*.~.1~.., .~. ?..'XQ~r. ............................... ....................................................... ............... House Number Street Hamlet Cou,ty fa× ~p No. ~000 Section ......O.< ?. ......... Block .... 9.( ........... ~ot...O..O~/.: .c.-~..~.... Subdivision .............................. . ....... Filed Map No ............. Lot ............... (Name) Stare existing use aha occupancy of premme-~ and intended use and occupancy of proposed construction: a. Existing use and occupancy ...... .O. ?..J4.<O..(~..~[T.~.~/ ..... ~../~.F..~/,~.~ ........... ' .......... : ......... bo Intended use and occupancy .... /~.q3'.< .~....5~.... ~,9.-~.~..../~.~.~..~.~.-.,~.C.,~ ......................... 3. Nature of work (check which applica .... . "~ilding ...... Addition .......... AJtemdon ......... Repair .............. Removal .............. Demolition .............. Other Work .............. (Desc~dption) 4. Estimated Cost . ~t ~..OO- Fee ................ (to be pa~d on filing this application) 5. If dwelling, number of dwelling units O ~-/~ Number of dwelling urAts on each ~oor tf garage, number of c~s ........................................................... 6. tf business, commercial or mixed occupancv, ~ecffy gature and extent of each type of use .. ¢~g~¢.~-~<~ 7. Dhmenmonsofexmtmgstmc~ures, ffany: Front ..~..~2 ..... Rear .............. Depth .............. Height ............... Number of Stories:...~ ....... ~..i ........ ,~ ........................... Dfimensions of same structure Mir alterations or ad~aons' From .~ ~ ~ ~. .... Rear ................. Dep~ ...................... HeiSt ....................... Num~e~of Stories ............ ~.. ~ ....... 8. Dimensions of entire new construction Front ~¢ '- Rear & ~ ~ . Depth Height ............... Number of Stories ........................................................ Size ofloc Front ..-o~.r ........... Re~ ~ ........ Depth ...J.<~,¢..., ........... Dare of Purchase . ~/[~¢ ~ ................... N~ne of Fomer Owner ~'~ .~5~.¢. Zone or use restrict ~'w~ch premmes are samated ~ ~ /~ ~ ~' ~ a ~es proposed constructlofi violate any zoni!~g law, ordinance or re~lafion:..~ ................. ~.. Will lot be regraded · - ~. :~ .2~- - -' .............. Wffi ex?ss f~ b~rerno~{~ from premises: Yes Nmme of Owner of premises~:/{~)~Zg-:a~7~ .... Addre~ &~[Z~ :.~4~ ~}~. Phone No. N~e of Architect ........................... Address .................... Phone No ............... N~e of Contractor .......................... Address ................... P[one No ............... 10. 11. 12. 13~ 14. PLOT DIAGRA~M Locate clearly and distinctly all buildLngs, whet.her existing or proposed, mad, indicate a!I! set-back dimensions fron property lines. Give street and block number or desc~pfion according to deed, a_nd s~aow street names a~d indicate whethe interior or corner lot, STATE OF NEW YO~.~K, COUNTY OF ..~'?. ~.t:, ~L.% ..... S.S · ~'T..~.~. ~.. ',,7.~..,.~.?JZ.f. ¢. u.&.~':.. ................. (Name of individual signing contract) above named. being duly sworn, deposes and says that he is the applicam is the ............................. ............................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and zo make and file this application;that ail statements contained in this application a~ true to the best of his knowledge and belief;and, tha* ~e work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .............. .... ........ , 1984 TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS,,TOWN OF SOUTHOLD, N Y , ~,~):..~,.~.s.=......V.,....~.,~.Ze/.~of ........ .../~....~......i_Z3 ....................... Name of AppeJlon~ Street and Number . ~..~O~U EREB Y StQte DATE ~/' ...... ,:~.Z..../.~.~ APPEAL TO THE ZONING BOARD.OF APPEALS FROM THE DECISION OF THE APPLICATION DATED: ~../~,~'/]*d FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO BUILDING INSPECTOR ON [ ) Name of Applicant for permit .......... ............... ............ .......... Street and Number Municipality State / PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD f~/:~-_~-~, )'),~C-_.~--- -- ~p,,,/z..~ /-'"'~4.'~7L",,/ ,.-~)~/~.~-.~,~/'~/~-' ] LOCATION OF :I'HE PROPERTY ... ~..f~....~...'~......~..~,~/,~_,,,.......~,./,~.~....z~..~..~.....J~..~..~..,~. ~.~. ............. Street and Hamlet ~Zone Map NO Lot No. ., 1,~ 1~, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectio~ Sub- section and Paragraph of the Zoning Ordinance ~y number. Do not quote the Ordinance.) A VAR]ANC5 due m bck o~ scces~ (Sto~e o~ New York To~n [~ Ch~D. 62 Cons. [s~s A~t ~6 Sec. 280A 5ubsecfio~ 3 ,1 PREVIOUS APPEAL A prevrous' app I g~s"ff(has not) been maae with respect to this decis on of the Building Inspector or wit]" respec~ to this property. Such ~ppeal was ( ) request for c special Dermn ( ~request for a variance ond was made in Appeal No ..... &...~.........'~....~..Doted ..... ..~..l.~.,..t...~......~........~bl~ ' ........ ("~ A Variance to the Zoning Ordinance is requested for the reason that ~'e REASON FOR APPEAL A Variance to Section 280A Subsection 3 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ,-Z~ viclnn-y of this property and in this use district because The hardsh o created is UNIQUE and is not shared Dy all properties alike in the immediate 3 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK- ) COL NTY OF Swam tc this ............... ./ ............................ day of......./."-~,.~...~/J~c 19 ~. h, gTARY PUOLtC, StYe c,~ New Yed[ TOWN OF SOUTHOLD Pi~OPERTY OWNER STREET VILLAGE -- SUB. LOT FORMER OWNER S W LAND IMP. TOT^~. 1- "EATE -'1' R~WRKS Tillable Woodlond Me~dowland ~ouse PIct Total CODE DATE OF CONSTRUCTION FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD M, Bldg. Extension Extension Extension Foundation Basement Ext. WalEs Fire Place Bath FIoors Interior Fin ish Heat Porch Pool Attic Deck Patio Rooms 1st Floor Breezeway D riveway Garage Rooms 2nd Floor OF ~O~OLD P~CORD STREET VILLAGE E FODdViER OWN[R N S W SUB. LOT SEAS. VL. FARM COMM. RE~,RKS TYPE OF BUILDING CB, M[CS. Mkt. Value L~%ND iMP. TOTAL !Total DATE ~;' FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD ~RES. LAND Tillable tTillable Woodlond Br~hlcmd House Plot Total 7 SEAS, VL FARM MISC. Mkt, Value BUILDING re FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD 7'? DOCK COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE [. KOPPEt. MAN 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 Befit Lalli Vincent Griffo Gertrude M. Ali James Anderson Joseph Fischetti Robert W. Gillispie, III Thomas Higgins Vincent Griffo 3184 3200 3203 3211 3221 3223 3224 3225 3228 3229 3235 3238 3239 3241 3255 3258 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board o£Appeals MAIN Rt'tAD- STATE RI]AD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (576) 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: xx Variance from the Zoning Code, Article VII , __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Section I00-70(A)&I00-7I Appeal No.: 3225 Applicant: Location of Affected Land: County Tax Map Item No.: Within 500 feet of: __ Town or Village Boundary Line xx 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 W/S Fox Lane, Fishers 10~0-012-01-001.002 JgSE V, RODRIGUEZ Island 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. ~ was granted COMMENTS: Applicant ~x~~ permission to in this B-I Business District. construct dwelling Copies of review. Dated: Town file and related documents enclosed herewith for your June 26, I984 .~2~ ~. /4//]~ Temp. Secreta~ry, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHANt. ES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southoid Town Board of Appeals MAIN ROAD- BTATE ROAD Z5 SDUTHr'ILD, L,I,, N,Y. 119'71 TELEPHONE (516) 765-1809 June 13, 1984 Richard F. Lark, Esq. Main Road, Box 973 Cutchogue, NY 11935 Re: Appeal No. 3225 - Jose V. Rodriguez Dear .~lr 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 zor other documents as may b~ 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Copy of Decision to Secretary Building Department Planning Board' Suffolk County Planning Commission Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 5, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. $ .E .Q oR.A o SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION 3OSEPH H. SAW~CKI Notice of Determination of Non-Significance APPEAL NO.: 3225 PROJECT NAMe: JOSE RODRIGUEZ 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 ngt 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 to construct dwelling in this B-I Business District. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: West Side of Fox Lane, Fishers Island, NY; 1000-012-01-001.002. 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 project in question is not ]0cated within 300 feet of tidal wetlands or other critical environmental area; (3) The elevation above mean sea level is more than 10 feet. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. SALES RENTALS APPRAISALS PROPERTY MANAGEMENT ~r. Serge Doyen, Fishers Island New York 06390 W. GORDON AHMAN LICENSED REAL ESTATE BROKER P.O. Box 314 Fishers Island, New York 06390 February 29, 1984 (516) 788-7448 Dear Serge: In reply to your question about houses for sale right now on Fishers Island I only know of two houses that I would call local and one large summer house for sale. One house is listed at $ 150,000.00 and the other at $ 175,000.00, both on small lots of land. The large summer house on the East End is on 6 acres and the asking price is $ 1,200,000.00. for. I hope this is the information that you are looking Sincerely Yours. W. Gordon Ahman Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 111971 .. TELEPHONE{516) 7651809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGERr CHA[RMAN CHARLES GRIGONIS, JR, SERGE DOYEN~JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearin9. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- in9 and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN use for storage and reoair of contractor's own vehicles and equipment, at 67576 Main Road, Grecnport, NY; County Tax Map Parcel No 1000-052- j~/7:50 p.m. Application of"" JOSE V, RODRIGUEZ, Box ~ ~1,3, .Fishers Island, NY for a amance to the Zoning Ordinance, Article VII, Sections 100-70(Al and 100-71, for permission to construct dwelling in this B-I Business 'District. Location of 'roperty: West Side of Fox lane, Fishers Island, NY; ounty Tax Map Parcel No. ~ ~.000.012-01.001.002. 8:00 p.m. Application of JOSEPH FISCHETTI. Hobart/~ Road, Southold, NY for a Variance to the Zoning Ordinance, Article V Section 100-50(C)[1] for permission to erect sign with less than four~ foot clearance from ground, at 52800 C.R. 48, Southold, NY; County Tax Map Parcel No. 8:05 p.m. Application of ROBIN E. CARR, 811 Roanoke Avenue, Riverhoad, NY for a Variance to the Zoning Ordinance, Article III, ~ection 100-32 for permission o construct inground swimmingpool in the sideyard area, at 315 Brown Street, Greeaport, NY; County Tax~ Map Parcel No. 1000-048.03~ 042.3. 8:10 p.m. Application of ROBERT W. GILLISPIE, i11, Box 1112, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061-02-07 nun pert of 05. 8:15 p.m. Application for GOLDSMITH & TUTHILL, 1NC. by R.F. Lark, Esq., Main Road, Cutchogun, NY for a Variance to the Zoning v Ordinance, Article IX, Section/~ NOTICEOF 100-93 for permission to PUBLIC HEARINGS coustruct office building wlth~ NOTICE IS HEREBY an insufficient frontyard . GIVEN, pursuant to Section setback, at 1518 Youn,g,s, 267 of the Town Law and the Avenue, Southold, NY ("C-1 Provisions of the Amended General Industrial Zone); Code of the Town of Southold, County Tax Map Parcel No. a Regular Meeting and the 1000-60-1-6. following public hearings will 8:25 p.m. Application for be held by the Southold Town GOLDSMITH & TUTHILL, Board of Appeals at the Town INC. by R.F. Lark, Esq., Main Hall, Main Road, Southold, .Road, Cutchogun, NY for a NYonThursday, MaylT, 1984, special Exception to the commencing at 7:30 p.m. and Zoning Ordinance, Article IX, as follows: Sections 100-90, 100-91, and 7:35 p.m. Application of Article VIII, Section 100.60(B) VINCENT GRIFFO, 280 Basin for permission to construct Road, Southold, NY for a office and storage building in Variance to the Zoning Ordi- this "C-I' General Industrial nance, Article III, tion oung o 32 for permission to construci , tlmld, NY; County accessory building in an area Tax Map Parcel No. 100060-1- other than the rear yard, at 6. 280 Basin Road, Soulbeld, NY; 8:35 p.m. Application for County Tax Map Parcel No. GERTRUDE M. AL! by R.F. 1000-081-01-019. Lark, Esq., Main Road, 7:40 p.m. Application of Cutchogue,NYforaVariance JAMES ANDERSON, 16 to the Zoning Ordinance, Waverly Place, New York, NY Article III, Section 100-32 for for a Variance to the Zoning permission to construct new Ordinance, Article XI, Section dwelling which places 100qlO(D) for permission to accessory storage building in reinstate nonconforming the frnatyard area. Location dwelling use of building in this of Property: South Side of B-1 Business District, 300 East Road, Cutchogue, NY; Moore's Lane la/k/a Linden County Tax Map Parcel No. Ave.), Cutchogne, NY; County 1000-110-07.018. Tax Map Parcel No. 1000-109- 8:48 p.m. Appllc'ation for 03-008. EATHRINE FARR by S.S. ~0 7:45 p.m. Application for Corwtn, Esq.,~4Fir,t Stroot,/i JOHN WICKHAM, by Greenpert, NY for a Variance Wickham, Wickham and to the Zoning Ordinance, Bcessler, P.C., Main Road, Article VIII, ~Jections 100- Mattituck, NY for a Variance 80(B) and 100-81, for to the Zoning Ordinance, permission to construct Article VI, Section 100-60 for building for mariea office in aPe~..m_i:~ion fo..use premises as ~ t,.h. ts..".C.Light Industrial" u~,mess Grace ~or marine/~¥ /21SIrlCI, at 1100 Manhanset County Tax Map Parcel No. 1000-034.0f~-021. 8:55 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Special . Exception to the Zoning Ordinance, Article VIII, Sections 100-80(B) and 100-81 for permission to construct bui{ding for marina and/ '~ brokerage office use in this C-Light Industrial" District, at 1100 Manhanset Avenue, Gceenport, NY; County Tax Map Parcel' No. 1100 Manhanset Avenue, Gceeaport, NY; County Tax Map Parcel No. 1000-034-05- 021. 9:0O p.m. Application of KEVIN AND LESLEY MILOWSKI, Box 134, C~tchogue, NY for a'Variance to New York Town Law, Article 16, Section 280A, for approval of access over a private right-of-way at the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak);/ ~% County Tax Map Parcel No. lO00-113*7-part of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section . 100-31, for: ia) an interpretation that the existing cottage and ~arage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (c) approval of a reduction of livable floor area of a propesed dwelling conversion .to 500 sq. ft. and approval of~~ ?sufficient sideyards.~ rremises located at Edgemere Park MacDonald's Path off Pecnai~ Bay Boulevard, Laurel; County Tax Map No. 1000-145. 4-014, Persons having an interest in any of the above matters · may appear and be heard at Ihe time and place specified above. For additional information, please contact our office, 765-1809 (or 765- Dated: May4, 1984. BY ORDER OF THE SOUTHOLD TOWN 0BOARD OF APPEALS /-~5.~° GERARD p. GOEHRINGER CHAIRMAN 1TM10-4564 STATEOFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN W. ALLAN of Greenport, in said County, being duly sworn, says that ha/she in Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ] 0th dayof May 19 84 Principal Clerk Sworn to before ma this 1 0 th dnyof May 19 84 JUDITH T. TERRY TOWN CLI' RK REGISTRAROI VITALS[ \IISIICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD March 1, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, N~w York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3225 application of Jose V. Rodriguez for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. J~fdtth T. Terry Southold Town Cle~ RECLqVED MAR:O 1 198,"I TOWN OF SOUTHOLD, NEW YORK TQMI IJ[~lll~Bl~ FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (W~') ~J'~..0.~,:~.......V..,....~.~.,~i.~_¢...~.~...of ....... ~.OA ........ //-,~ ............................................ Name of Appellant Street and Number ..... '~'"/'~-~"'~-'"~'~'""~'~$'~-"~'~'~' ............................................... K~/~-~/....~..~.~/~..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:~/,~J'/*~¢ PaR: WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit o, ........ .................... Street and Number Municipality State / ........... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .....~..~?.~L...~,~z'J'a~. ............. .t~,./..~...~...~....~-~..: ...~..~.'.....~....~/.~.......~,. Street a~d Hamlet Zone ................................................................................. O~E~ ~) : .T~.:¢..~. o No. ~! ~ DATE PURCHASED: ............. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Parggraph of the Zoning Ordinance bi number. Do not quote the Ordinance.) 3 TYPE OF APPEAL Appeal is made herewith for ( V0 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) (l~as no.t) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 O~) A Variance to the Zoning Ordinance is requested for the reason that · ~e would like to ~7~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because .S/Tu "Fl vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK COUNTY OF~FF~L/c Sworn to this ........... /.. ................................ day of ............. {..~/.-'~./~. ............................ 19,~. BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or' the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to reque?t a (.Variance) (Special Exception) (Special Permit) (Other) [c±r¢le oho±cci 2. That the property which is the su, bject of the Petition is located ad acent to your property and is des- cribed as follows: 0.)~%~-/-~/~_~ ~.l_h~- .~'Z)~( ~ ~1~ ~ -~ ~ 3. That the property which is the sub)ect/~ s~uc~h Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: I]..~'~_ signed areS' That. z~tic lethe provisions_~.of the Southoldsectio~TOwn~.~, .Z°ning!~P~-7AC°de applicable.,~../t° thL~, relief/~/jsought, ,?/bY the under- 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. (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; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post.,gC)ffice Address ,3,~ NAME OOFOF MAILING OF NOTICF CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ~C'j~./~<~ ~"~,.,q.'.,~/D, /--./.~/. ~6"~qa . being duly sworn, deposes and says that on the /...o/- day of /~3~r~/ ', 1 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 roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~::1<~ #E~ ~' ~"~/-,~,~/~ /'¥', './,- ; that said Notices were mailed to each of said persons by (certified) (registered) mail~ / Sworn to before me this day of -- 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, S.U.N.Y., Stony Brook, 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. Waterfront without bulkheading [ ] 2. Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length 3. Not located within 300' of waterfront or wetlands area [ ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level ! ] 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. [ ] 6. 7. This proposed addition/expansion of an existing buildin9 will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area o 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 Law and to prevent any unnecessary delays in processing your application(s). 10/831k SHORT ENVIRON~NTAL, ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assu~ed that the preparer will use currently available inform~ation concerning the project and :ha likely impacts of the action. It i:~ not ex~ected that additional studies~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this projec% is not significant. (d) Enviror~ental Assessment 2e 3. &. 5. 6. 7. 8. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? .... · . · Will there be a major change to any unique or unusual land form found on the site? Will project alter or have a large effect on an existing body of water? . , , , . Will project have a potentially large impac~ om groundwater quality? o , . . , . Will project significantly effect drainage flow Will project affect any threatened or endangered plant or animal species? . . , , · Will project result in a major adverse effect on Will project have a major effect on visual char- acter of the co~unity or scenic views or vistas known to be important to the community? , . , 9, Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical enviror~en%al area by a local agency? . · , Yes . 10. Will project have a major effect on existing or future recreational opportunities? . · · Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes . Will project have any impact on public health or 1L. Will project ~ffect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of the com. munity or neighborhood?.. Yes . 15. Is there public~/~'//-]~c°ntr°versy concerning the project? , Yes .. Yes Yes Yes Yes Yes Yes Yes -- Yes / No No No No No No -- No No No No No No No No RECEIVED BY ,)