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Home My WebLink About3224Southold Town Board of Appeals MAIN RI'tAD- gTATIr RrlAD 2r-, SI'IUTHI~LD. L.I., N.Y, 11C~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3224 Application Dated February 27, ]984 TO: Mr. and Mrs. George Wieser 1415 Harbor Lane Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 5, ]984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III, Section ]00-32 [ ] Request for The public hearing on this matter was also held on April 5, 1984. Upon application of GEORGE AND NATALIE WIESER, 1415 Harbor Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct accessory swimmingpool in an area other than the rear yard, at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-10. The board made the following findings and determination: By this appeal, applicants seek permission to construct an inground swimmingpool with deck of an area totaling approximately 1,600 sq. ft. and approximately 150 feet westerly from the ordinary highwater mark which is shown on the April 24, 1980 survey prepared by Roderick VanTuyl, P.C. The pool will be situated forward of the existing 1½-story frame, one-family dwelling and will have a setback from the north and south side lines approximately 60' and 45', respectively. The premises in question is located at the east side of Harbor Lane, Cutchogue, contains approximately 2.0 acres in area, and has a width of 168 feet (average). For the record, it is noted that the property in question has received conditional variances on February 25, 1983, Appeal No. 3071 for an accessory storage building and on November 25, 1983, Appeal No. 3177 for conditional approval of access over applicants' 15' wide right-of-way. In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that by the granting of the requested relief, a precedent has not been set and therefore will not adversely affect the character of the neighborhood; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; and (f) that the interests of justice will be served by allowing the variance, as indicated below. (CONTINUED ON PAGE TWO) DATED: May 28, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3224 Matter of GEORGE AND NATALIE WIESER Decision Rendered April 5, 1984 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3224, application of GEORGE AND NATALIE WIESER for permission to construct accessory pool struc- ture in the frontyard area, BE AND HEREBY IS APPROVED AS APPLIED AND WITH THE FOLLOWING CONDITION: No lighting shall be permitted that may disturb neighboring premises. Location of Property: 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-10. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote. RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.WRK Southold Town Board of Appeals MAIN ROAD- ~]TATE ROAD 25 c~DUTHOLD. L.I., N.Y. llCJ"71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursdas, April 5, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Recessed Hearing - JAMES F. DRUCK III (from 3/2/84). 7:35 p.m. Application of JAMES A. and EDNA-MAE CHRISTIE, 675 North Oakwood Road, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to re-separate Lots 31 and 32, Map of Laurel Park, Map No. 212, with insufficient area and width and sideyard setback of existing dwelling. County Tax Map No. 1000-127-7-15 and 16. 7:40 p.m. Application of ROBERT A. CAMPBELL, 140 Bay Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate dwelling with an insuffi- cient frontyard setback from Washington Avenue. Location of Property: Southwest corner of Washington Avenue and Middleton Road, Greenport; County Tax Map Parcel No. 1000-041-02-001. 7:45 p.m. Application of LINDA MILLER FAULKNER, Box 787, Cuchogue, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to re-separate two parcels with insufficient area and width. Location of Property: Southwest Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-13-4 and 5. 7:50 p.m. Application of CAROL PLQCK, 10003 North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to re-separate two parcels with insufficient area and width, and a Variance for approval of access, New York Town Law, Section 280-A. Location of Property: 10007 North Bayview Road, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-17 and 21. ~'~8:00 p.m. Application of GEORGE ~N~D NATALI~E WIESE~R, 1415 Har-~ bor Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Ar!icle III, Section 100-32 for permission to construct ? accessory swimmingpool in an area other than the rear yard at 1415 Harbor ane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-10. Pa~ 2 - Legal Notice Hearings Regular Meeting of April 5, 1984 Souqhold Town Board of Appeals 8:05 p.m. Application of ROBERT BROWN, Main Road, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81 for permission to construct addition with an insufficient frontyard setback. Location of Property: 74450 Main Road, Green- port; County Tax Map Parcel No. 1000-45-06-006. 8:10 p.m. Application of BERIT LALLI, 1405 Narrow River Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition with an insufficient rearyard setback. Location of Property: 1405 Narrow River Road, Orient; County Tax Map Parcel No. 1000-027-03-006.3. 8:15 p.m. Application for THOMAS R. AND BARBARA D. MERCIER, New Suffolk Avenue, Mattituck, NY (by Wickham, Wickham & Bressler, P.C.) for a Variance to the Zoning Ordinance, Article III, Sec- tion lO0-30(A) for permission to convert an existing single-family dwelling use into two professional offices. Location of Property: 4905 Middle Road (C.R. 48), Mattituck, NY; County Tax Map Parcel No. lO00-141-O1-21; "Map of Clara W.R. Reeve #212", Part of Lot 5. 8:25 p.m. Application for PETER AND PATRICIA LENZ, Main Road, Peconic, NY (by Wickham, Wickham & 8ressler, P.C.) for Variances to the Zoning Ordinance: width of two proposed parcels and New York Town Law, Section 280-A. off the North Side of Sound Avenue [a] for approval of [b] for approval of Location of Property: known as Private Road insufficient access, Right-of-Way #11, Mattituck; County Tax Map Parcel No. lO00-112-Ol-Oll and 012. 8:30 p.m. Application of CROSS SOUND FERRY SERVICES, INC., Box 33, New London, CT 06730 for a Variance to the Zoning Ordinance, Article VII, Section lO0-70(A) and Section lO0-71 for permission to Ia] construct principal building with an insufficient frontyard setback from the easterly property line and [b] establish a ferry- terminal use in this B-1 Business District. Location of Property: 42175 Main Road, Orient, NY; County Tax Map Parcel Nos. 1000-015-09- ll. 8:45 p.m. Application for MARY GRIGONIS, 550 Wells Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels located at the west side of Wells Avenue, Southold; County Tax Map Parcel No. 1000-061-03-08. For information concerning these matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1809 or 1802. Those persons having an interest in these matters may appear and be heard at the time and place specified above. Dated: March 17, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN (end of legal notice) Pa~e 3 - Legal Notice Hearings Regular Meeting of April 5, 1984 Sou~hold Town Board of Appeals NOTICE TO NEWSPAPERS: Please publish once, to wit: Thursday~ March 29, 1984 and forward ll affidavits of publication to: L. Kowalski, Board of Appeals, Main Road, Southold, NY 11971, before April 3, 1984. Copies have been forwarded to the following 3/26/84: Suffolk Times (personal delivery) L.I. Traveler-Watchman, Inc. (personal Posted on Town Clerk Bulletin Board delivery) Dr. and Mrs. James A. Christie Mr. Robert A. Campbell Mrs. Linda Miller Faulkner Mrs. Carol Plock Mr. and Mrs. George Wieser Mr. Robert Brown Mr. Berit Lalli Dr. and Mrs. Thomas R. Mercier Wickham, Wickham & Bressler, P.C. Mr. and Mrs. Peter Lenz Wickham, Wickham & Bressler, P.C. Mr. Howard W. Young Cross Sound Ferry Services, Mrs. Mary Grigonis Mr. Charles Grigonis Inc. Attn: R. McMurray Supervisor and Town Board Planning Board Individual ZBA files Building Department FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ .. j~-~:....~ .................. .~/~../.-7. ~...~...-...x4 :~ ........... PLEASE TAKE NOTICE that your application dated ....~-~.gY. ~t~ ........... , 19~... for permit to construct.../,/~ .~./~'O.4g/f,~.~. ~/~..~O~ ............... at Location of Property. ~/~.. ~/~~..~ House No. Str~{ ......... ~ - ' Hamlet County Tax Map No. 1000 Section .. ~. ~. .... Block . ~ ......... Lot ~.7.~[.O Subdivision... ~.. ~'. ...... Filed Map No. ' - Lot No. is returned herewith and disapproved on the follow~g ~ound .. ~d~...~ .~...~z .... ~.../~x~.~ .................................... Build~g Inspector RV 1/80 tF~EB ~-? lCjSe,, 'row. o~ sou'r.o.~, .~w ','o~ ~'~lllll ~ FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPE~,LS, TOWN OF SOUTHOLD, N. Y. .~We) ...~...O....~'...~...~.?.~..~ .........--'..~../.~.~...~...'~.. ....... of ...L..~../.~..~_.~...,~..~..~,,~......~...,~... ................................ Name of Appellant Street and Number ................... ~L'"~'"'~'~'~n'i~i~;Ji;~ ...................................... ~ ~State ............... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL,CAT,ON FOR PERM,T NO ..................................... DATED ............ ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ............... ~ ~ ~.~e' ·; ~'. ~,.l~'~.l.i~ ~; ~r' · ~;;.' · ~ ;'; ~ i ~' ................ .............. ............... Street and Number Municipality State () PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... ~,~,~.~....-~.. ........ .~...,(<-.. ................... ~ Street Use District on Zoning Map ....... ~Z.......-..~.~. ........................... .~,/.c? ........ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zonin~ Ordinance by number. Do not quote the Ordinance.) 3. T~PE OF APPEAL Appeal is made herewith for ( ~ 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) (h,~i~6~een made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) ~:~est for a special permit ( v~ request for a variance and was made in Appeal No. f,~ '7_ ~ ............... Dated . ./...~./.~....~...~..~_... REASON FOR APPEAL ) A ~/ariance to Section 280A Subsection 3 ~Variance to the Zoning Ordinance ) ~s requested for the reason that ~'orm ~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- scary HARDSHIP because Placement of swimming pool next to or in back yard area of home would create an economic hardship due to (1) not enough accessible room (2) problems with environmental matters relative to Eugen's Creek (3) would cause astarte problems and space utilization problems due to close proximity of pool to house 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Lot #010 is a 2.2 acre parcel of property, heavily wooded. The home located on this parcel is relatively close within 5Oft of the title wetlands, thus leavinG, from the back yard face of thehome, to the front of Lot #010, approximately 725 lineal foot of front yard. There is obviously adequate room for installation of a swimming pool without creating any adverse effects. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The character would not be disrupted because of the excessive amount of front yard footage on Lot ~010. Construction of a swimming pool in this area will not be seen by the Highway, Harbor Lane o~ adjacent property owners. Sworn to this ............. ,,~...~ .......................... day · ................. .......... ,Not Public COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 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 of Appeals MAIN ROAD- BTATE ROAD 2.5 c:OUTHDLD, 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: X× 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.: 3224 Applicant: GEORGE & NATALIE WIESER Location of Affected Land: 1415 Harbor Lane, Cutchogue County Tax Map Item NO.: 1000-97-6-10 Within 500 feet of: Town or Village Boundary Line ~X Body of Water (Bay, Sound or Estuary) East Creek 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. COMMENTS: Applicant ~~ permission to c~n~tr,,nt ~cry_ swimmingpool in an area other than the rear yard. Copies of Town file and related documents enclosed herewith for your review. Dated: June 1, 1984 ' //]~ Temp. Secre~ry, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town B°ard of Appeals MAIN ROAD- BTATE: ROAD 25 SI'~UTHOLD, L.I., N,Y, llcJ'71 TELEPHONE (516) 765-1809 May 29, 1984 Mr. and Mrs. George Wieser 1415 Harbor Lane Cutchogue, NY 11935 Re: Appeal No. 3224 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc~ tion in writing, or for other documents as may Re applicable. If you have any questions, please do not hesitate to call either our office 765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Mr. Norman Reilly A. Reilly & Sons, Inc. Box 434 Mattituck, NY 11952 GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary LEGAL NOTICE NOTICE IS HEREBY G1V- EH, pursuant to Section 267 of the Town Law and the Pro- visions~ the Amended Code of the Town of Southold, a Regular Meeting and the foll~wing public hearings will be ~leld by the South01d Town Pml~l,. Main ROad,' 'Southold, NY on Thursday, April S, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Recessed Hearing JAMES F. DRUCK IH (from 3/2184). 7:35 p.m. Application of JAMES A. and~DNA-MAE CHRISTIE, 675 North Oak- wood Road, Laurel, NY for a Variance to the Zoning Ordin-' ance, Article IH, Section 100- 31 for permission to re-separ- ate Lots 31 and 32, Map of Laurel Park, Map No, 212, with insufficient area and width and sideyard setback of existing dwelling. County Tax Map No. 1000-127-7-15 and 16. 7:40 p.m. Application of ROBERT A. CAMPBELL, 140 Bay Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article m, Section 100-31 for permission to locate dwelling with an insufficient fi-ontyard setback from Wash- ington Avenue. Location of Property: Southwest corner of Washington Avenue and Mid- dleton Road, Greenport; Coun- ty Tax Map Parcel No. 1000- 041-02-001. 7:45 p.m. AppliCation of LINDA MILLER FAULKNER, Box 787, Cutchogue, NY for a Variance to the Zoning Or- dinance, Article IH, Section 100-31 for permission to re- separate two parcels with insufficient area and width. Location of Property: South- west Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-13-4 and 5. 7:50 p.m. Application of CAROL PLOCK, 10003 North Bayvinw Road, Southold, NY for a Variance to the Zonjag Ordinance, Atfiele m, Seetion 100-31 for permission to re- separate t~vo parcels with it~ufficient area and width, adil a Variance for approval of access, New York T;wn Law, Se{tion 280-A. Location of Property: 10007 North Bay- view Road, Southold, NY,~ County Tax Map Parcel Nos. 1000-79-5-17 and 21. ,-~ rS:00 p.m. Application of[ GEORGE AND NATALIE{, WIESER, 1415 Harbor Lane,/ Cutchogue, NY for a Varianc~ to the Zoning Ordinance~ Article HI, Section 100-32 for~ permission to construct acces- ~ sory swimmingpool in an area [ other than the rear yard at~ 1415 Harbor Lane, Cutchogue, ] NY; County Tax Map Parc,~ .~o. 1000-97-6-10. "~"~ 8:05 p.m. Application of ROBERT BROWN, Main Road, Greenport, NY for a Variance to the Zoning Ordin- ance, Article VIH, Section 100-81 for permission to con- struct addition with an in- sufficient frontyard setback. Location of Property: 74450 Ma_in Road, GreF_nport; Coun- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ....................... ./.. .............. weeks successively, commencing on the ,~2~ z;~/ Swam to before me this ........... I?....?...~.~. ........ day of ...... , 19..:(./.. Notary Public NOTARy Pd~LIC, ~te of Ne~ YOrk t~. 52-9321 Residing in S~o'~ 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 Southuld, a Regular Meeting and the fol- lowing public hearings will be held by the Southold Town Board of Appeals at the Town Hal~, Main Road, Southold, NYJpn Thursday, April 5, 1984, con~!mencing at 7:30 p.m. and as f~llows: 7:30 p.m. Recessed Rearing -- JAMES F. DRUCK 111 (from 3/2/84). 7:35 p.m. Application of JAMES A. and EDNA-MAE CHRISTIE, 675 North Oakwood Road, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re- separate Lots 31 and 32, Map of Laurel Park, Map No. 212, with insufficient area and wi. a~'deyard setback of exis~lling. County Tax Map No. 1000-127-7-15 and 16. 7:40 p.m. Application of ROBERT A. CAMPBELL, 140 Bay Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate dwelling with an insufficient frontyard setback from Wash- ington Avenue. Location of Property: Southwest corner of Washington Avenue and Mid- dleton Road, Greenport; County Tax Map Parcel No. 1000041-02-001. 7:45 p.m. Application of LINDA MILLER FAULKNER, Box 787, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section I00-31 for permission to re-separate two parcels with insufficient area and width. Location of Property: Southwest Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-13-4 ana 5~ 7:50 p.m. Application of CAROL PLOCK 10003 North Bayview l~.oa~l, Soathold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re- separate two parcels with insufficient area and width, and a Variance for approval of access, New York Town Law, Section 200-A. Location of . Property: 10007 North Bayview Road, Southold, NY; County Tax Map Parcel Nos. 1~-79-5-17 and 21. t ~,"q~:00 p.m. Application of~ [ GEORGE and NATALIE ~ WIESER. 1415 Harbor Lane,] ~ Cutchogue, NY for a Variance~ /to the Zoning Ordinance,[ Article III, Section 100-32 for~ permission to construct ~ accessory swimmingpool in ] an area other than the rear ~ y~a.rd, at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-10. "~ 8:05 p.m. Application c~ ROBERT BROWN, Main Road, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81 for permission to construct addition with an insufficient froatyard setback. Location of Property: 74450 Main Road, Greenport; County Tax Map Parcel No. 8:10 p.m. Application of BERIT LALLI, 1405 Narrow River Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition with an insufficient rearyard setback. Location of Property: 1405 Narrow River Road, Orient; County Tax Map Parcel No. 1000-027-03- 006.3. 8:15 p.m. Application for THOMAS R. and.~,~.~RA D. MERCIER, New Suffolk Avenue, Mattituck, NY (by Wickham, Wickham & Bressler, P.C.) for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to convert an existing single-family dwelling use into two professional offices. Location of Property: 4905 Middle Road (C.R. 48), Mattituck, NY; County Tax Map Parcel No. 1000-141-01-21; "Map of Clara W.R. Reeve #212", Part of Lot 5. 8:25 p.m. Application for PETER and PATRICIA LENZ, Main Road, Pecunic, NY (by Wickham, Wickham & Bressler, P.C.) for Variances to the Zoning Ordinance: Ia] for approval of insufficient width of two proposed parcels and [ b] for approval of access, New York Town Law, Section 280-A. Location of Property: Right-of-Way off the North Side of Sound Avenue known as Private Road #11, Mattituck; County Tax Map Parcel No. 1000-112-01.011 and 012. 0:30 p.m. Application of CROSS SOUND FERRY SERVICES, INC., Box 33, New London, CT 06730 for a Variance to the Zoning Ordinance, Article VII, Section 100-70(A) and Section 100-71 for permission to Iai construct principal building with an insufficient frontyard setback from the easterly property line and {b] establish a ferry-terminal use in this B-1 Business District. Location of Property: 42175 Main Road, Orient, NY; County Tax Map Parcel Nos. 1000.015-09-11. 8:45 p.m. Application for MARY GRIGONIS, 550 Wells Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels located at the west side of Wells Avenue, Southold; County Tax Map Parcel No. 1000.061-03.08. For information concerning these matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765- 1809 or 1802. Those persons having an interest in these matters may appear and be heard at the time and place specified above. Dated: March 17, 19~4. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TM29-4528 STATE OFNEWYORK ) ) SS: COUNTY OFSUFFOLK ) SUSAN W. ALLAN of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 29 th dayof_ March 19 84 Principal Clerk Sworn to before me this 29th dayof March 19 84 Southold Town Board Appeals March 2, l! Regular Meeting PEAL NO.: 3224 PROJECT NME: GEORGE AND NATALIE WIESER This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Envirorlmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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. than TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Accessory swimmingpoo] in an the required rearyard area. area other LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ]4]5 Harbor Lane, Cutch0gue; ]000-97-6-]0. REASONIS) SUPPORTING THIS DETErmINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as plann~)-~ Proposed pool is landward of existing principal building. APPEAL NO.: 3226 PROJECT N~4E: ROBERT A. CAMPBELL This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the envirorunent. Also, please take 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 project2 TYPE OF ACTION: IX] Type I! [ ] Unlisted [ ] DESCRIPTION OF ACTION: Fr0ntyard setback of proposed dwelling. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Corner of Midd]et0n Road Extension and Washington Avenue, Greenport; 1000-41-02-00l. REASON(S) SUPPORTING THIS DETE~4INATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as plann~)- Premises is not located near wetlands or other critical environmental area. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STAI ISTICS 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 February 27, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3224 application of George & Natalie Wieser for avariance. 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. Judith T.Terry ~ Southold Town Clerk ~JB. 2 ~ '~984. TOWN OF SOUTHOLD, NEW YORK TO'~ C~el~' FROM DECISION Of BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO.~"~'~ ~_~L/ DATE ......2~.2...0Z,8..ff ......... Nome of Appellon,t Street and Number .................. .C..~...~.,c..h...o.g,,u.,e, ........................................................... ...~ .................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO A. Reilly & Sons Inc., Name of Applicant for permit of Box 434 Nattituck NY Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD SWIPING POOL 1. LOCATION Of THE PROPERTY Harbor Lane A-Res. ~ CutchoR;ue A Street and Hamlet Zone 097-06 010 OWNER(S): , .G.e.o..r~.e..&...N.a.t.a. 1. ~.e..W.i. 9~.e.r Mop No. Lot No. 10/80 DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordin.ance 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) (has not) been made with respect to this decision of the Building Inspector or with respect to this property· Such cppeal was ( ) request for a special permit (X) request for a variance · ' ~'" 3177 Dated 83 ..... and was made in Appeal No. 10/7/ ) x) ) requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we Woutd""like to Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Placement of swimmin~ pool next to or in back yard area of home would create an economic hardship due to (1) not enough accessible room (2) problems with environmental matters relative to Eugene's Creek (3) would cause astatic problems and space utilization problems due to close proximity of pool to house. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Lot #010 is a 2.2 acre parcel of property, heavily wooded. The home located on this parcel is relatively close within 50 ft of the title wetlands, thns leaving, from the back yard face of the home, to the front of Lot #010, approximately 725 lineal foot of front yard. There is obviously adequate room for installation of a swimming pool without creating any adverse effects. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The character would not be disrupted because of the excessive amount of front yard footage on Lot #010. Construction of a swimming pool in this area will not be seen by the Highway, Harbor Lane or adjacent property owners. not're ........................ COUNTY OF(~-~'~'(~)oI~c'') Sworn to this ........... c~.,.[ ............................ day o~.....,~..-.~.'t ............................ 19~/ .......... .................... ':,~ :-;,~n Exp,res March 30, 19 ~'1~ BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of 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. Th~ntention of the undersigned to petition the Board of Appeals of the Town of S~Jthold to request ~L,~Vari~cd)~.~pecial Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ,~'/._ 3. That theoroper, t,v .which is the ~ubject of such Petition is located in the following zoning district: hat by such Petition, the undersigned will re.quest the followi~relief: $. That the provisions of the Southold Town Zo~in~ Code applicable to the relief sought by the under- signed are Article 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, Southotd, 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 )/atchman, new~papers published in the Town of Southol~ and d~ignated for the publication of such notices~4 ~/i//;/l~repr entative have the right to appear and be heard at such hearing.. / t es PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 571 443 978 RECEIPT FOR CERTIFIED MAIL NO INSUR~ ~CE COVERAGE PROVIDED (See Reverse) p.o.,~tate and Zt~ ~ode Postage Ce~ified Fee 443 977 ?-IPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) Street and N~ ~ ! / ~y/./-/~D/,-/_/5/t p.o~tate and ZIP Code Postage $ C~,.~ Special Delive~ Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return ece p showing to whom, Date, and Address o De ve~ ~ P°stmark°r Da~?/~~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ~'St',O~' ; ~0_3.~ ~jC[C_ , being duly sworn, deposes and' Bays that on the _~ day of L-~'~"~Y'~-3L¢~"-~' , , 19~ ~ ~ , deponent mailed a true copy of the Notice set forth once re- verse side hereof, directe~l to each of the above-named persons at the adc set opposite their respective names; that the addresses set opposite the names of said persons are th, the current as~sment roll of the Town of Southold; fice at (certified) (registered) Sworn to bef`ore me this c~t . day of-~L~C>(r~. . , , 19 r MERRY ~1:(. KALOSKI NOT/-,R PUBLIC, Stote of New No. 4730694 Qualified in Suffolk County ~mlss~n Expires March 30, addresses h~e/aJddresses o~ i~d persons a~"shown on that said Notice/w~e maile~a Ihe. JUnited,~tates Post Of- ;that said Noti ' J~h ~lls by SHORT ENVIRONMENTAL ASSESSMENT FOP~M INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not exT. 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 Envirommental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is not significant. (d) Enviror~ental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? · · .... . . . 2. Will ~here be a mmJor change to any unique or unusual land form found on the site? · · 3. Will project alter or have a large effect on an existing body of water? . · · Will ~roJect have a potentially large impac~ on grouncwater quality? · . · · · · · · · 5. Will project significantly effect drainage flow on adjacent sites? . . . . . . . . . 6. Will project affect any threatened or endangered plant or animal species? . . · o · o · . 7. Will project result in a major adverse effect on air quality? · · · · · Will project have a mmJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . . 5 Will project adversely impact any site or struc~- ur° of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? , , · 10. Will project have a major effect on existing or future recreational opportunities? · . . 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? · Will project have any impact on public health or iL. Will project Affect the existing community by directly causing a ~ro}~h J tion of more t.~n 5~p~r~en~ period or have/~ ma j~r ~e~ charact~ of ~/ co~mfu~itYi y 15. Is there pu~jc~ on~rs) PREPARER' S. SIGNAT=E: ~7 / Yes No Yes ~No Yes Yes /c Yes No Yes No Yes /No Yes /No -- Yes Yes Yes, I/No Yes /No ,, Yes ye effect on the · neighborhood?.. Yes ~c°ncerning th~ITLE:project? / /Yes (. (T6dai~'s Date) To: Southo!d Town Board of Appeals ~lain Road Southo!d, NY 11971 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] ~Iay be located within 300 feet of tidal wetiands; hc~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed alone the water-lying edge of this property is a bul~head in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; % . ./howe~er, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length.. [ ¥] May be located within 300 fee~ of tidal wetlands; and there is no bulkhead or concrete wall existing _[~v 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* not appear to NOTE. If proposed project falls/Q approval must be received and su~m [Starred items (*) indic fall within the jurisd~ Si~ te your property does ion ~ the N.Y.S. D.E.C.] .re please) D.E.C. jurisdiction, to our office before your application can be.scheduled for a public hearing. New York State Department of Environmental Conservation 50 Wolf Road, Albany, New York 12233-0001 Division of Re§ulatory Affairs, Room 514 Henry G. Williams Commissioner CERTIFIED MAIL October 14, 1983 Mr. George Wieser Harbor Lane Cutchogue, NY 11935 Re: Application #TW-10-83-0739 Dear Mr. Wieser: I have reviewed the enclosed Decision Conference Report on the subject application dated October 13, 1983 by Administrative Law Judge A. Marshall Irving. I concur with the conclusions of the report. I find that the proposed project conforms to the intent of ECL Article 25 Tidal Wetlands since the proposed pool at the approved location will not have any undue impact upon adjacent tidal wetlands and their values. Accordingly, the subject application is approved. Attached to the Decision Conference Report is your permit. Please read it and all conditions carefully. Any questions you have should be directed to the Regional Permit Administrator listed on the Supplementary Special Conditions sheet. ruly yours, Louis M. Concra, Jr., Director Division of Regulatory Affairs Chief Permit Administrator Attachment LMC/ssf New York State Department of Environmental Conservation The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted on this site. For further informa- tion regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit No. Expiration Date 95-20,1 (11182) TW 10-83-0739 December 31, 1984 NOTE: This notice is not a permit Daniel Larkin NYS Dept. of Environ. Conservation SUNY at Stony Brook Building 40 Stony Brook, NY 11790 JUDITH T. TERRY TOWN CLERK REGISTRAR OI' VITAL $ I \ [ IS I'ICS 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 February 22~ 1984 Mr. &Mrs. George Wieser 1415 Harbor Lane Cutchogue, New York 11935 I)earMr. & M_rs. Wieser: Your application for zoning appeal was received in the mail today. Please be advised that it cannot be processed until the full fee of $50.00 is received. The fee for a zoning appeal is $50.00, effective November 25, 1983 in accordance with Local Law No. 13 of the Town of Southold. I am holding your application and check no. 1815 in the amount of $25.00. Please transmit another $25.00 check to pay the application fee in full. Your application cannot be accepted, receipted, and transmitted to the Appeals Board until such time as the full $50.00 is paid. Very truly yours, Southold Town Clerk