Loading...
HomeMy WebLinkAbout32711225 Nimth St ~ ° 3 Greempor~ NY ..... ~ #327t ~ SC~LI~NB~CH &~ ROJAS ~ILED: 7/2~/8~ Lot coverage/rear & side yard setback CA - 10/11/84 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 327] Application Dated July 24, TO: J0ann Schellenbach Alida Rojas Ninth Street Greenport, NY 11944 1984 (Public Hearing 10/11/84) [Appellant (s) ] Barbara Hlrich: ~s agmnt~ Bn× 353. East Marion~ NY llg~q At a Meeting of the Zoning Board of Appeal~.0¢-t~b~.~--q984, the above appeal was considered, and the ac~~~Dw 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 for J. SCHELLENBACH AND A. ROJAS, 1225 Ninth Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition with insufficient side and rear yard setbacks and exceeding the 20% lot cover- age requirement. Location of Property: 1225 Ninth Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03-028; Greenport Driving Park Subdivi- sion Lot 4. The board made the following findings and determination: By this appeal, applicants seek a Variance to Article III, Section 100-31, Bulk Schedule of the Zoning Code, for permission to construct a deck addition extending 13 feet into the southerly sideyard and deck further extending into the easterly rearyard area with an insufficient setback at 15 feet as sketched on survey of December 20, 1982, and sketch drawn August 12, 1984, received August 14, 1984. The building inspector has also disapproved this project for excessive lot coverage; the total allowable is 1162 square feet (20% of 5,810± lot area). The parcel in question is known as Lot 5, Subdivision of the Greenport Driving Park, Map No. 369, and is located on the east side of Ninth Street, Greenport. The subject premises contains an area of approximately 5,810 sq. ft. with 56.46' frontage along Ninth Street, and is improved with a one-family, 1½-story frame dwelling and accessory garage and shed structures. It is the opinion of the board that the sideyard setback from the south property line should not be less than eight feet to allow access by emergency and fire vehicles, particularly since the accessory garage on the north side is set back two feet from the north property line. This reduction would allow a deck area to be constructed of a total of approximately 283 square feet. When adding this to the dwelling's coverage of 1042 sq. ft. and accessory garage of 276 sq. ft., the total allowable would be 1,601±, for a variance of 439 sq. ft. It should be noted, however, that any additional construction would require further applications for variances as required under Sections 100-32(C) and 100~31. (CONTINUED ON PAGE TWO) DATED: October 17, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3271 Matter of SCHELLENBACH AND ROJAS Decision R~-~-deFed October ll, 1984 In considering this appeal, the board determines: (a) that the relief as conditionally approved is not substantial in relation to the zoning requirements; (b) that by allowing the relief, no substantial detriment to adjoining properties would be created; (c) that no adverse effects will be produced on available govern- mental facilities of any increased population; (d) that the relief will be in harmony with and promote the general purposes of zoning; (e) that the interests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to grant a deck addition to thelsubject dwelling as restricted below: 1. That the deck setback shall not be less than eight feet from the south side property line; 2. That the deck setback shall not be less than 15 feet from the rearyard property line; 3. That the deck not be roofed or enclosed. Location of Property: 1225 Ninth Tax Map Parcel No. 1000-48-3-28; Lot 5, Driving Park. Street, Greenport, NY; County Subdivision Map of Greenport Vote of the Board: Ayes:l Messrs. Douglass and Doyen. This resolution was all the members. Goehringer, Doyen, Grigonis, adopted by unanimous vote of lk THE SC,',. .......;.; ';'... ..... LERK DATE . · .2 :' " ,:~ outhold cE~oA~eDrPi7G, OfgH~NGER ¢CHAIRMAN THE SOUL ..u ZONING BOARD OF ApPEAL~ TO¥1N HALL MA~.N ROAD - S.R. ~5 ~OUTHOLD, NOTZCE 1S HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Neeting and the following matters will be held for public hearings by the Southold Town Board of Appeals on THURSDAY, OCTOBER 11, 1984, commencing at 7:30 o'clock p.m. at the Southold Town Hall, Rain Road, Southold, NY and as follows: ~~ir~ f J CHELLENBACH AND A ROJAS 1225 7:30 p.m. Application or _: S__m__~__ "' __' th Street, Greenport, NY for a Variance to the Zoning Ordinance, icle III, Section 100 31, Bulk Schedule, for permission t°nC°nstructd deck addition with insufficient side and rear yard setbacks a d excee - lng the 20% loticoverage requirement. Location of Property: 1225 Ninth Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03-028; Greenport Driving Park Subdivision Lot 4. 7:35 p.m~ Application of JAMES F. AND ELLEN M. PRESTON, Box 1422, Southold, NY for a Variance to the'Zoning Ordinance, Article III, Sec- tion lO0-31 for approval of the insufficient area and width of this parcel in this proposed set-off of land located along Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000-50-01-18.3 (part of 18.00}. 7:40 p.m. Application for HENRY DOMALESKI (recessed from 9-13-84). For variances: (a) to Article III, Section lO0-31 for approval of width (b) to New York Town Law, Section 280-A for approval of access. R-O-W off the North side of Oregon Road, Cutchogue; lO00-095-Ol-part of ll. 7:45 p.m. Application of PATRICIA AND REINER LOLLOT for variance to Article XI, Section lO0-119.1(A) for permission to erect fence exceeding maximum four-foot height requirement at ll20 Ryder Farm Lane, Orient; 1000-015-05-024.11. (recessed from 9-13-84). 7:50 p.m. Application of RENATE RIEDEL, 161 Brook Road, West- hampton Beach, NY 11978 for a Variance to the Zoning Ordinance, Article III, Section lO0-31, for approval of an insufficient frontyard setback of a one-family dwelling structure to be located at 675 Meadow Lane, Mattituck Estates Lot 42, Mattituck, NY; 1000-115-05-007. 8:05 p.m. Application of EDWARD L. HERRMANN, lO00 Marlene Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, for permission to construct addition with reduction of sideyard setback to less than the required l0 feet. Location of Property: 1000 Marlene Drive, Mattituck, NY; 1000-114-2-40. Page 2 Regular Meeting October Legal Notices of Hearings Southold TOwn Board of Appeals 11, 1984 8:15 p.m. Application for DR. BALA HARI PILLAI, by Gary F. Olsen, Esq., Box 706, Cutchogue, NY 1'1935 for a Variance to-the Zoning Ordinance, Article III, Section lO0-30(C) for permission to establish sleeping quarters in a nonconforming accessory building, Location of Property: 8280 Great Peconic Bay Boulevard, Laurel, NY; lO00-126-11-O19. - Persons desiring to be heard should do so, either in writing or in person, before or during the public hearing. For additional information, please contact our office at 765-1809 (or 1802). Dated: October l, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD'P. ~OEHRINGER, CHAIRMAN Notice to Newspapers: Please publish THURSDAY, OCTOBER 4,. 1984 and forward 7 affidavits .of publication on or before October 9, 1984 to: Board of Appeals, M~in Road, Southold, NY.~l1971. Thank CoPies forwarded to the folloWing abOut 10/1/84: ' ~ Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Ms. Barbara Ulrich, Box 353, East Marion, NY 11939 for SCHELLENBACH & ROJAS Schellenbach and Rojas, Ninth S%reet, Green.port 119~4 -- Mr. and Mrs. James F. Preston, Box 1422, sOUthold, NY 11971;]~i~.~ Abigail A. Wickham,'~E~. for HENRY DOMALESKI a~d RENA~£ RIEDEL' Mr. and Mrs. R. Lollot- Mrs. Renate RiedJi,' 161 Brook Road, Westhampton Beach, NY 11978 Mr. Edward L. Her~m~nn '~ Gary F. Olsen, Esq., Main Road, Cutchogue, NY 11935 for DR. PILLAI ZBA individual files ZBA members Town Clerk Bulletin Board Building Inspector Lessard FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ./~.~...&L/C~ ~. ~. ....... .../_%...~.~..-.f. .... ~: ................ .... ..~.,. PLEASE TAKE NOTICE that your app~cation dated.. ~/~.. ~ ......... , 1~, for pe~it to const~ct..~ ~.~ ........ ~ ......................... at Location of Propc.y ..... Hou~ No. ~ St~t ~ ff _ Ham/et County Tax Map No. 1000 Section ..d.~f .... Block ...~ff ....... Lot . ~.~ ....... Subdi~si . Filed Map No ................. Lot No ............... ..... RV 1/80 YORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~OUTHOLD, N.Y· 11971 TEL.: 76§-1802 ~xamined ................ ,19 ... Approved ;;. .............. 19... Permit No ............ Disapproved a/c .... . ................................ Received ........... ,19... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ;ets of plans, 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 giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- :ation. e. 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 Building Permit to the applicant. Such permit ~hail 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 Occupancy ;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 Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. Yhe applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general' contractor, electrician, plumber or builder. ........ Name of owner of premises '.....~. ~I~) ~r-A~t~,..L~.. e~.~.. /.AI4D~ ~0~ ' (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate offie.~ Builder's License No.. ~. f~..~.....~. ~ .~~--~ Plumber's License No. . ./~....~f~...~. ......... Electrician's License No ...... · .~_~'~ ~ ...... Other Trade's License No ...................... I. Location of land on which proposed work will be done ...................................... , ........... House Number? ' Street Hamlet Poi. 3 County Tax Map No. 1000 Section ..;; .............. Block .................. Lot ........... Subdivision...~...l~..~.OlL. T....9.~.¥[~.?....~..f"~..'. ...... Filed Map No. . '~'~ Lot...~..~. (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: Existing and occupancy a. use ...... ....- .,.... ...... ....................................... ' b. Intended use and occupancy .......................................................... 3. Nature of work (check which app lc): New Building .......... Addi ....... Alteration Repair Removal Demolition Other Work ~ ','~0 O0 ' ~ ~ ~1 ~) (Description) 4 Estimated Cost Fee "- (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage number of cars . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .......... ~.~ ......... 7. Dimensions of existing structures, ifany:Front ..... .~.9' ....... Rear ,...~.' '.. Depth....{~ ......... Height ............... Number of Stories ...... t .~. ............. .. ~ ................. ....... Dimensions of same st)'ucture with alterations or additions."" Front ..... .&.'bt' ......... ~. Rear . · .~.~. · ........... ~1~ Depth ....°~.ltO'v....~. .......... Height ..... I~... ~ ........... Number of Stones ...................... 8. Dimensions of entire new construction: Front . .~ [(e ........ Rear . ~. ~ ....... Depth ~ .~.~. ......... - Height ............... Number of Stories ...................................... ., ................. 9. Size of lot: Front ...... ~'l ........... Rear ...... .~. ............. Depth . [9f~ .................. 10. Date of Purchase .... ,~.M. :,. ~ ..... ......... l~me of Former Owner ..... ~. 1 I. Zone or use district in which premises are situated ..... ~.~!1[~-~..'~.~19~. .................................... l 12. Does proposed construction viola, t~,any zoning law, ordinance or regulation: .............. . ............... 13. Will lot be regraded ......... .~.u. ................ Will excess f'fll be removed from premises: Yes 14. Name of Owner of premises . .-5~/~aA4~qq./i~o.~5... Address .... ~...x~...?.~.~. .... Phone ~o..~.~..'1.'l: .&.~.(... Name of Architect ........... .~,.,.q~... .......... Address ................... Phone 1~o ................ Name of Contractor ..... . .C~..~l.&...~.~. ...... AddreSs ....Cr~.C~,T. ..... Phone ~'~o ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether exisiing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, S S COUNTY OF.~[M.~.C[C .... [' · ch ................... (Name of individual signing contract) above named. being duly sworn, deposes and says that he is the applicant He 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 to make and ~e this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before m~ this Notary Public,~& ;~. ~~ ........ NOTARY PUBLIC, StAa ,,1 I*~cw York N0. r~2.4524771 ' Qualified in Suifolk County Commission Expires March 30& TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ,3~- 7/ To T.E ZON.NG BOARD OF APPEALS, TOWN OF SOUT.O,O, N. Y. ............. ~;;;";f"~;ii;~f ...................... st;.t'Z~"~';;;~ ...................... ................ ......................................................... .......... Municipali~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION WHEREBY THE BUILDING INSPECTOR DENIED TO ~T~A~O~J ~c-~cu.~.g4~A~14 /AL.i~)A r~.TA5 ,. !~.s.....~....~: ............. ~e.~ ........... ~.. ................... Street and Number /~unicipality Stc~te ' of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (V~ PERMIT TO BUILD 1. LOCATION OF THE PROPERTY Street aP. cl Hall~et 7.one ...............................0q~ --. ................................................. t):~- 0~,~' OT~IER (S): ............... Iv'top No. , ~ 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 T~ , Section IO(~ - 31. l~,ul.lc Sc44couL,c. 3. TYPE OF APPEAL Appeal is made herewith for / ( V~ 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) (~as not) been made with of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( I~ request for a variance respect to this decision and was mode in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reoson thor we would like to ~c~J~t VO~,~.~C.( VC~O~4,'~ Form zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus~ 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate s~c~mty of th~s property and ~n th~s use d~stnct because ........ CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE, JA - M STATE OF NEW YORK ) ) ss COUNTY OF'~'~F~':~ ) Signature Notary Public II[tEN K, [~E Ai~I~RY PUBLIC, Slate of New Ne. 4707871~, Suffolk Cmmty ~erm [xt~tres Marcl~ 30, ]9~~ TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER ~.z_~FORMER OWNER RES. '~ la SEAS. VL. LAND AGE Farm Tillable Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot I-cra I IMP. /4/O 0 NORMAL STREET ! N S TOTAL FARM DATE ! / BUILDING CONDITIO~ B E LOW ABOVE Acre Value Per Acre Value VILLAGE W DISTRICT SUB. ACREAGE , I ,.~ d~ TYPE OF BUILDING LO* ~1--r'~¢4. Interior Finish Extension Fire Place )~ ~ Heat~ Porch Affic Porch Rooms 1st Flor ;~ _ ~ Patio ~_R°°ms 2nd Floor O.B. Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SIJUTHDLD, L.I., N,Y, 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A o SERGE DOYEN, .tR. ~. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3271 PROJECT NAME: SCHELLENBACH & ROJAS 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 cant adverse effect on the below. the within project not to have a signifi- environment for the reasons indicated 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 ]0t coverage/rear & sideyard setback: LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1225 Ninth St., Greenp0rt, NY; County Tax Map No. 1000-48-3-28. 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 property in question is not ]0cared within 300 feet of tidal wetlands or other critical environmental area. . (~ !bl~.p~ojec~.is ~ setback variance, not requiring further processing unuer ~ne ~UKA lype l~ rules. FOR FURTHER INFOR/%ATZON, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals~ Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11g71 TELEPHONE (516) 765-1809' APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI October 17, 1984 J. Schellenbach A. Rojas Ninth Street Greenport, NY 11944 Re: Appeal No. 3271 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter~ mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may ~? applicable. If you have any questions, please do. not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board of Appeals MAIN ROAD- BTATE ROAD ~-5 E~OUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (518) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH N. SAWICK! August 21, 1984 Ms. Barbara Ulrich Box 353 East Marion, NY 11939 Re: Schellenbach and Rojas Appeal No. 3271 Variance for Deck Addition Dear Ms. Ulrich: Please be advised that the board members reviewed the recent application filed in behalf of Joann Schellenbach and Alida Rojas and the project was determined not to have an effect on the environment in accordance with the regulations of the N.Y.S. Environmental Quality Review Act (SEQRA). This application has been scheduled for our Regular Meet- ing in~Qctober, of which the day has not yet been decided. The board members will make a field inspection prior to the public hearing. A cory of the legal notice of hearings as published in the Suffomk Times and L.I. Traveler will be forwarded to you in order ~hat someone may appear to answer questions, if any. PleaSe feel free to call at any time if you have any questions. Yours very truly, Enclosure cc: Building Department Ms. J. Schellenbach Ms. A. Rojas GERARD P. CHAIRMAN By Linda GOEHRINGER Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. llCJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E. 0 · R oa. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3271 PROJECT NAME: SCHELLENBACH & ROJAS 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 simil~ project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for 10t coverage/rear & sideyard setback LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1225 Ninth St., Greenport, NY; County Tax Map No. 1000-48-3-28. 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 property in question is not located within 300 feet of tidal wetlands or other critical environmental area. . (~} Ibi~.p:ojec~.is ~ setback variance, not requiring further processing unaer [ne b~uKa LyPe 1! rules. . FOR FURTHER INFORMATION, PLEASE CONTACT. Linda Kowals~i, Secretary, Southold Town Board of Appeals~ Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. ZONING BOARD OF APPEALS Town Hall Main Road, S.R. 25 Southold, N.Y. 11971 NOTICE IS HEREBY GIV- EN, pursuant to Section 276 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular - Meeting and the following matters will be held for public hearings by the Southold Town Board of Ap- peals on THURSDAYt OCTO- BER 11, 1984, commencing at 7:30 o'clock p.m. at the Seuthold Town Hall, Main Road, Southold, NY and as follows: ~..7:30 p.m. Application for SCHELLENBACH AND RAJAS, 1225 Ninth Street Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 Bulk Schedule, for permissior to construct deck addition witI insufficient side and rear yar~ setbacks and exceeding the 20% lot coverage require- ment. Location of Property: 1225 Ninth Street, Greenport, NY; County Tax Map Parcel No. 1000-048.03-028; Green- pert Driving Park Subdivision Lot 4. 7:35 p.m. Application of JAMES F. AND ~I.I.I~N M. PRESTON, Box 1422, South- old, NY for a Variance to' the Zoning Ordinance, Article' III, Section 100-31 for approval of the insufficient area and width of this parcel in this proposed set-off of land located along Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000-05-01-18.3 (part of 18.00). 7:40 p.m. Application for HENRY DOMALESKI (re~ cessed from 9-13-84). For variances: (a) to Article IH, Section 100-31 for approval of width (b) to New York Town Law, Section 280-A for ap- proval of access. R-O-W off the North side of Oregon Road, Cutchogue; 1000-095- 01 -part 'of 11. 7:45 p.m. Application of PATRICIA AND REINER LOLLOT for variance to Article XI, Section 100-119.1(A) for permission to erect fence exceeding maximum four-foot height requirement at 1120 Ryder Farm Lane, Orient; 1000-01S-05-024.11. (recessed from q-13-84L 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 o printed copy, has been published in said Long Island Traveler-Watch- / man once each week for ........................................ weeks successively, commencing on the .................................... day/Of'. ............. · .'~..~.~.~ .'~..?. ................... i" ] 9'"'~ff~" (~ Swam to before me this ................................ day of .............. ............. , Notary Public BARBARA FORBES Notary Public, State of New York No. 480~846 Qualified in Suffolk County Commission Expires March 80, 19 ~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Seuthold, a Regular Meeting and the following matters will be held tot public hearings by the Southold Town Board of Appeals on THURSDAY, OCTOBER 11, 1984, commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Read, Seuthold, NY (a) to Article III, Section 100-31 for approval of width (b) to New York Town Low, Section 280-A for approval of access. R-O-W off the North side of Oregon Read, Cutcbague; 1000-095-01-part of 11. 7:45 p.m. Application of PAT- RICIA AND REINER LOL- LOT for variance to Article XI, Section 100-119.1(A) for permis- sion to erect fence exceeding maximum four-foot height re- . quirement at 1120 Ryder Farm Lane, Orient; 1000-015-05- 024.11. (recessed f~om 9-13-84). 7:50 p.m. Application of RE- NATE RIEDEL, 161 Brook Read, Westhampton Reach, 11978 for a Variance to the Zon- ing Ordinance, Article HI, Sec- tion 100-31, for approval of an insufficient frontyard setback of a one-family dwelling structure to be located at 675 Meadow and as follows: \ t~:30 p.m. Application for J.\ SCHELLENBACH AND A. ~ ROJAS, 1225 Ninth Street, ~ ~Greenpert, NY for a Variance ,to] \the Zoning Ordinance, Article! ~H, Section 100-31, BulkI ~chedule, for permission to con-\ ~ruct deck addition with insuffi- ~ ~ient side and rear yard setbacks /and exceeding the 20% lot cover- /age requirement. Location of x Property: 1225 Ninth Street, ] Greenpert, NY; County Tax Map [Parcel No. 1000-048'03'026; ] Greenport Driving Park Subdivi- sion Lot 4 ~x 7:35 ~.m. Application ~f JAMES F. AND ELLEN M. PRESTON, Box 1422, Seuthold, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for approval of the insuf- ficient area and width of this par- cel in this proposed set-offofland located along Hyatt Road, South- old, NY; County Tax Map Parcel No. 1000-50-01-18.3 (part of 18.00). 7:40 p.m. Application for HENRY DOMALESKI (reces- sed from 9-13-84). For variances: Lane, Mattituck Estates Lot 42, Mattituck, NY; 1000-115-05- 007. 8:05 p.m. Application of ED- WARD L. HEHRMANN, 1000 Martene Drive, Mattituck, Ny for a Variance to the Zoning Or- dinance, Article IH, Section 100- 31, for permission to construct addition with reduction of sideyard setback to less than the required 10 feet. Location of property: 1000 Marlene Drive, Mattituck, NY; 1000414-2-40. 8:15 p.m. Application for DR. BALA HARI PILl,A1, by Gary F. Olsen, Esq., Box 706, Cutch- ogue, NY 11935 for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permis- sion to establish sleeping quar- ters in a nonconforming acces- spry building. Location of Prop- erty: 8280 Great peconic Bay Boulevard, Laurel, NY; 1000- 126-11-019. Persons desiring to be heard should so so, either in writing or in person, before or during the public hearing. For additional in- formation, please contact our of- rice at 765-1809 (or 1802). Dated: October 1, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TO4-4678 ANNA LEKKAS of Greenport, in said County, being duly sworn, says that ha/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 4th day of OCTOBER 19 84 Principal Clerk Sworn to before me this 4 th dayof ©~nh~r 19~1_ JUDITH T TERRY TOWN CLI. RK REGISTRAROI VIrAI. SI,\IIS[ICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: From: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 24, 1984 Southold Town Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 3271 of Barbara Ulrich for a Variance. Also included is Notice to Adjacent Property Owners, Short Environmental Assessment Form, Questionnaire relative to N.Y.S. Tidal Wetlands and Use Regulations, Notice of Disapproval from the Building Department, Application for a Building Permit, and copies of survey of the property. La-/, 13/ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ...... ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ........... ~.....~... ).r.'.'...~.. ...................... of ............ .~... ~..~..~. .............................................. Name of Appellant Street and Number .................. ~?~..~.~.~ ............................................................. ~.~.- ........... .EREBY ^PP~L TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 7~'~$1~ ~/ FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for p'ermit of ............... ).~..s ~,~ ST,. .... .~...~ ~. Street and Nu~;'; ................... 'M;~'i'~ibalit~ .................. ~;~; ....................... ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ) PERMIT TO BUILD 'lj~tC.i(.. /2kOPlT~Oq-~ t. LOCATION OF THE PROPERTY ..................................................................................................... Street and Hamlet Zone ~nO~ r,~ [~ DATE PURC~SED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE ADP~LED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ~ticle ~ , ~on J~6- ~J ~ULK S~O~. 3. TYPE OF APPEAL Appeal is made herewith for ( ~x~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~as n~) 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 Zoning Ordinance is requested for the reason that we would 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 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 3 Ti~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because i,~ t41.l[ ~Oc CO~,~a~C~ N~-L',,'-- ~kc ~ ~ ~[~ STATE OF NEW YORK ) ) ss COUNTY OF .~I~F"F~L~ ) Signature Sworn to this ............... J~l l(lO .................. day of ................................................ 19~. Notary Public 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,s%Lk.i~b~ intention of the undersigned to petition the Board of Appeals of the Town of Southold (to request a(~arianc_c_~(Specia[ Exception)(Special Permit) (Other) [o±r¢1.e cho±¢e] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 12-~5 IOIO'TH ST ; C~i~.,C~'oq?..,T} /o,fl. 3. That the property whido..LS the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ¥~iLiI%LY.-C b~j ~ ~ ~- bt~ ~cT~S~c~. ~o o-r~.n_ 'TO c-o~sn~z4c-~ Dcok.. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~- Section 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. (51.6) ?~5-1.809. 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. Dated: ~/~5 ! g'~ Petitioner Post Office Address 353 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p bP3, ['lb0 :]on RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIOED NOT FOR iNTERNATIONAL MAiL (See Reverse) RECEIPT FoR cERTiFIED MAiL NO iNSUBANCE NOT FOR ~NiERNATIoNAL (see ~everse) P 621 060 924 RECEIPT FOR CERTIFIED MAIL NO JNSURANCE COVERAGE PROVIDED NOT FOR ~NTERNATIONAL MAIL (See Reverse) or ~}U,'-.~. , I~ ~"1 , aeponenT mallea a [rue copy or [ne r~uuce ~c[ mumL~l ulm verse side hereof, directed to each of the above-named persons at the addresses set opposite their respectl~ names; that the addresses set opposite the names of said persons are the addresses of said persons as showll on the current assessment roll of the Town of Sourhold; that said Notices were mailed at the United States rice at ~ MAf~OYJ · ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this d/y of Notary Public The :1.¥.S. [nv,ronnlentai QuaiiC.y i{(:v;ew Act requ~r'~.s sub- mission of this~rm, and an envtron,;~enLal ,iow will be made by this bo~ before any action is ,~NSTRUCTZ¢~ S~ (a) In crd"r to answer the questions in this short gAF is is aasuumed that the preparer will use currently available lnforr, ation concernin~ %he ~roJec~ and %~e l~ely ~c%s of the action· I% is no~ e~ec~ed ~ additional ~u~io~ r~search or other inves~gatlons w~i be ~derta~en. (b) If any 9ue~%ion ha~ b~en answered Yes the proJec~ ~y be si~ifican~ and a completed Envirommen%al Asseszmen% Fo~ i~ necessary. (c) If all questions have been answered No iU is l~ely t~% ~his proJec~ Is ncu significant. (d) Enviror~ental 1. W~-ll project result in a large physical cb~n~e to the project site or physically alter more t~n 10 acres of land? · 2. Will there be a mmJor change to any unique or unusual land form found on the elto? , , , , 6. 7. 10. 11. 12. Will project alter or have a large effect on an existing body of water? , Will project have a potentially large ~mpacl~ on groundwater quality? , , , Will project si~nificantly effect drainage fl~w Will project affect any threatened or endangered plant or animal species? o , Will project result in a major adverse effect on W~/1 project have a ~ajor effect on visual char- acter of the co~munity or scenic views or vistas known to be important to the com.~unity? · · Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site deeig-nated as a environmental area by a local agency? Will project have a major effect on existing Or Will project result in major traffic problems or Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbs- anco as a result of the project's operation? . Will project have any impact on public health or Will project ~ffect the existing community by directly causing a ~rowth ~n permanent popu.la- tLon of more t~an ~ percent over a one--year period ~ have a major negative effect on tZe Is there public controversy concerning the pro~cct? /. Yes / tlc Yes [// No Yes u/ ~o Yes ~/ No Yes ~/ No ¥~s ~,x No ,, Yes V No Yes ~/ No Yes / No Yes u/ t;o Yes, ~/, No Yes U/No QUESTIONNAIRE TO 13E 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, Ouilding 40, S.U.N.Y., Stony [3rook, NY 11794, (tel. 516-75~.-7900), if you have checked Box #1 and/or Box#6 below. Please either c;,ll 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 possibie in order that we may continue processing your Z.B.A. application. [ ] I. [ ] IV]/ 3. [ ] [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good cor,ditio~ [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfrbnt or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates hqy property from this environnmntal 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. 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 photograpi~s of the project and wetland areas, it would help expedite the processing of y~ur applica- tion. This questionnaire is made to explain the requirements of this State t. aw and to prevent any unnecessary delays in processing your application(s). APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RI3AD- STATE ROAD 25 !Sr'lUTHnLD. L.I., N.Y. TELEPHONE (516) 765-1809 July 25, 1984 Mrs. Barbara Ulrich Box 353 East Marion, NY 11939 Re: Appeal No. 3271 - Schellenbach & Alida Rojas Dear Mrs. Ulrich: ~.,~ Please return to our office for signing and appropriate notarization of the papers which were filed yesterday with ~/~[~t.t/he Town Clerk. Also, this will confirm that you will be supplying us with a copy of the building plan of the proposed deck addition. Thank you for your-cooperation. Yours very truly, GERHARD P. GOEHRINGER