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HomeMy WebLinkAbout328410~0 5omes%e~d WsS Greenport~ NY #3284 SLEDJESKI, RICHARD W. 6 ft. high £ence CA - 11/29/84 Southold Town Board of Appeals MAIN ROAD- STATE; ROAD 35 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3284 Application Dated August 24, ]984 TO: Irving L. Price, Jr., Esq. as Attorney for RICHARD W. SLEDJESKI 828 Front Street Greenport, NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 29, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.1(A) [ ] Request for Upon application for RICHARD SLEDJESKI, c/o I. Price, Esq., 828 Front Street, Greenport, NY for a 'Variance to the Zoning Ordinance, Article XI, Section 100-119.1, for permission to construct fence exceeding the maximum four-foot height requirement, at premises identified as County Tax Map Parcel No. 1000-40-02-21; 1040 Home- stead Way, Greenport, NY. The board made the following findings and determination: This is an appeal from the August 8, 1984 Notice of Disapproval of the Building Inspector for approval to erect fencing six feet in height along the front property lines to the south of the existing one-family dwelling. The premises in question contains an area of 20,000 sq. ft. with frontage along two streets, 100 feet in length. The lot in question technically has two frontyard areas: (1) north of the existing dwelling a depth of 49.8 feet, and (2) south of the existing dwelling a depth of 63± feet from the deck of the pool, as shown on survey prepared May 25, 1983 by Donack Associates. The fencing is proposed to extend along the southerly property line along County Road and northerly 48 to the front of the dwelling for a length of 150± feet. It is the opinion of this board that the unique this parcel's frontage along two streets lends itself difficulties; and for practical purposes and privacy, tion of the applicant to shield the property from the preserving its residential character. character of to the practical it is the inten- County Road, In considering this appeal, the board finds, for the reasons mentioned above, that: (a) the circumstances of this appeal are unique, (b) no adverse effects will be created affecting adjoining properties since no access is requested onto the County Road; (c) the variance will be in harmony with and promote the general pur- poses of zoning since the houses and driveway accesses face Homestead Way; and (d) the interests of justice will be served, by allowing the variance, as noted below. (CONTINUED ON PAGE TWO) DATED: December ll, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3284 Matter of RICHARD W. SLEDJESKI Decision Rendered November 29, 1984 Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goeh- ringer, it was RESOLVED, that the relief requested under Appeal No. 3284, in the matter of RICHARD W. SLEDJESKI for permission to erect fencing six feet in height along the property lines in the frontyard area along C.R. 48, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The fencing be maintained in good condition at all times; 2. The fencing not be relocated to encroach further within the frontyard area off Homestead Way. Location of Property: N/S C.R. 48 and S/s Homestead Way, Greenport, NY; County Tax Map Parcel No. 1000-40-02-21. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk AND FILED BY ln~ SOUTilOLD TOWN CLEitK ;~To~ of Southold December 12, 1984 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on THURSDAY, NOVEMBER 29, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ERNEST GUETTINGER, 950 Oak Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition to accessory garage located in the frontyard area with a reduced sideyard setback, premises identified as County Tax Map Parcel No. 1000-136-01-37; 950 Oak Street, Cutchogue, NY. 7:35 p.m. Application for JOHN AND MARILYN FLYNN, c/o G. Strang, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to retain existing frontyard location of a concrete black structure~as a storage building, accessory to a proposed single-family residence, premises identified as County Tax Map Parcel No. lO00-111-12-1; 2250 Little Peconic Bay Boulevard (a/k/a 5650 Nasau Pt. Rd.), Nassau Point Subdivision Part of Lot 142 and 143, Cutchogue, NY. 7:40 p.m. Application of ALFRED AND BARBARA DiNUNZIO, 6 Glenn Road, Southold, NY for a Variance for approval of access., New York Town Law, Section 280-A concerning right-of-way located-off the east side of Wells Road, County Tax Map Parcel No. 7:50 p.m. Aquebogue, Peconic, NY; to premises identified as 1000-75-06-001.' Application for JOSEPH GRASSO, C/O D. Denis, Route 25, NY for a Variance to ~he Zoning Ordin~nc~ Article III, Section lO0-31, Bulk Schedule, for pe~mi§sion to c6nstruct new one-family dwelling with an insufficient fronty~rd setback at premises identified as County Tax Map Parcel No. 1000-59-064003, located on the North Side of Sound View Avenue, Southold, NY; (current owner: A. Milne). -" 8:00 p.m. Application for JOSEPH GRASSO, c/o D. Denis, Route 25, Aquebogue, NY for a Variance to thE Flood Damage Prevention Law, Ch. 46, for permission to utilize area below the minimum required flood elevation for mechanical equipment, at premises identified as County Tax Map Parcel No. 1000-59-06-003, North Side of Sound View Avenue, Southold, NY (current owner: A. Milne). 8:05 p.m. Application for RIC___._H_~AR~D W. SLEDJESKI, C/o I. Price, Esq.,~ 828 Front Street, Greenport, NY for a Variance to the zoning Ordi- nance, Article XI, Section 100-119.1, for permission to construct Page 2 - Legal Notice of Hearings November 29, 1984 Regular Meeting Southold Town Board of Appeals fence exceeding the maximum four-foot height requirement, at premises identified as County Tax Map Parcel No. 1000-40-02-21; 1040 Homestead Way, Greenport, NY. 8:10 p.m. Application of GENERAL WAYNE INN, Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(C)[6](f) for permission to erect directional sign at premises identified as County Tax Map Parcel No. 1000-69-02-003; corner of C.R. 48 and Ackerly Pond Lane~ Southold, NY (current owner: S. Doroski). -~ 8:20 p.m. Application for ANTHONY PAGOTO, c/o Swim King Pools, Route 25A, Rocky Point, NY 11778 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate inground pool in an area other than the required rearyard, at premises identified as County Tax Map Parcel No. lO00-111-15- part of 1.6 (part of 1.3). - Persons desiring to appear at the hearing may do in writing in relation thereto may be filed with or at this hearing. so; communications our office before Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to newspapers: Please publish THURSDAY, NOVEMBER 8, 1984 and forward 8 affidavits of publication to: Board of Appeals, Main Road., Southold, NY 11971, before NQvember 19~1984. te1.'765-1809. Copies forwarded to the following on or about 11/2/84: Mr. Ernest Guettinger Mr. Garrett A. Strang, for John and Marilyn__Flynn Mr. and Mrs. Alfred DiNunzio Mr. Roger Cullen, Box 302, Shelter Island, NY 11965 Mr. Donald A. Denis, for Joseph Grasso Harold King, Esq., for Joseph Grasso Irving L. Price, Jr., Esq. for Richard W. Sledjeski General Wayne Inn Swim King Pools, Route 25A, Rocky Point, NY for Anthony Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Building Inspectors Plagoto FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To /~.,,~. hO~-.~-~C~..~'..~.. ~,,~ ~C --" · .~©.,...'.~.~...~.~.~ .......... PLEASE TAKE NOTICE that your application dated ~' · ~ ......... ,19 ..... ~ / ~ ~ · ... forpe~it to construct . .~..~... ~~. ~ ................... at Location of Property...~.~. .o~= ~o. ' Co..tx ~,~ ~ ~o. ~000 s~.o~ .. ~ ~ ..... ~o~k ...~ ....... ~ot .~ ...... Subdivi~on. - Filed Map No ................. Lot No. ~ ....... . . . .~ .... ~t · .. v.-.~.~..~.~ ....... _. ~ ' .... /. .... ~~., ~...~ Bu~d~g Inspector RV 1/80 ,lication No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. This application must bt completely filled in by typewriter or in ink and submitted in triplicate to tho Building Inspector, with 3 sets 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 or areas, and giving a detailed d~scription of layout of property must be drawn on the diagram which is part of this appli- cation. ¢. 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 issue a Building Permit to the applicant. Such permit shall 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 Occupahcy shall 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. The applicant agrees to comply with ail applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) 9, ft' 77'27 . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Nmneofownerofpremises .~~,, ~..-~.r,~,', ,~/,-~,,.,~,,~"~:~ .... · u (as on the tax roll or latest deed) If appli~nt is a corporation, signature of duly authorized officer. . _~..c.-c~.-. j.,~_~.c.,.~.~.-.r.. .......... ~..~. ................ (Name and title of corporate officer) Builder's License No....~...~. ................. Plumber's License No ......................... Electrician's License No ....................... Othei' Trade's ~cense No ...................... 1. Location of land on which proposed work will be done ................................................. House Number Street Hamlet C0i~nty Tax Map No. 1~0 Section .. ~. ~. Block ....~. ' Lot..~ ~ ............ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) ~. State existing u~ and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .................................................................... b. Intended use and occupancy ............................... ' ' '" ...... ~': ".,;6.'7';' ~.'~ ............... · .,*Il ,'o. ,~ ' .. ;~'2~" v .,. ~ Nature of work (check which applicable): New Building .......... Addition .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... ' -'- (Description) · Estimated Cost .................................. 0 Fee ....... /~.: ~ ........................ .~.y O. d) (to be paid on f'ding this application) · If dwelling, number of dwelling units ............... Number o f dwelling units on each floor ................ If garage, number of cars ....................................................................... ,. If business, commercial or mixed occupancy, specify nature and extent of each type of use .................... '. Dimensions of existing structures, if any: Front ............... Rear .............. Depth .............. Height ............... Number of Stories '. ...................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................ Depth ...................... Height ...................... Number of Stories .................... I. Dimensions of entire new construction: Front ............... Rear ...............Depth ............. Height .............. NuZzler of Stories .................................. ~. ~ ~ ............. ~. Sizeoflot:Front .... i.../ ............. Rear...~...../.~. . ... Dep/h .. , ............. ). Date of Purchase ............................. Name of Former Owner ........... : ~ ............... 1. Zone or use district in which premises are situated .................................... ' ................ L Does proposed construction violate any zoning law, ordinance or regnlation: ................................ 3. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No ~. Name of Owner of premises ~q.~6~c4'..~../f~..}~..~. kF... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... AddresS ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all ~et-baek dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether iterior or corner lot. STATEOFNEW~OR.~,.~.~/.~jSS tg'14,~ ~ ~,J- (-- 1~-~- 4~____~ ' , ...... g ./~ .~.4'... ~-~...~. -'~..~..C'Z't.. C! ?. ............. being duly sworn, deposes and says that he is the applican (Name of individual signing contract) above named. 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 f'fle thi: application; that all statements contained in this application are true to the best of his knowledge and belief; and that tht work will be performed in the manner set forth in the application filed therewith. (Signature of applieantl TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~o~, DATE ..~ .,.....~...~.,../. ~. 'P'~' TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)....~..~...W.,.....i~.~.I~......I~.....~..~...~. ............... of ...~O..~.,,O...~.~....t~....~..~...~,~.X ............................. Name of Appellant Street and Number GZ'~n~x)Z'~. N&~ Yo~"k Idl:l~l:RV 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 ( ) ( ) ~9ZN FOI~. ~ltC~ CO. OF SUFFOLK ZNC. Nome of Applicant for permit af .......................... ................... ............ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 61 0" hJ. gh tltook&de Fence 1, LOCATION OF THE PROPERTY1040 HJl~&d Way, Slaffo~k Co~ T~ ~p ~i ....................................................................................... Street ~d ~et ~'~~ 1000 - 040 - 02 - 021 O~ER (S): ~. ~t. ~. ~%~9. ~,~gdJesk~ Map No. Lot No. . ~ 22, 1984 DATE PURCHASED. ' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Donut quote the Ordinance.) ~ticle ~ , ~tion ~00--~9.~ A 3. TYPE 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) It~"~1$ 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 X) A Variance to the Zoning Ordinance ) ,s requested for the reason that we would like to ~ tl~ J~LmtmJmJ ~ mm:latJ,.mm~ Form ZB1 (Continue on other side) REASON FOR APPEAL Con t inued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ ~f,£.~, ~ ~J~t .~ ~ ~ ~ ~.0 ~ 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 llc:moU~ ~, a zu.tdent, t~ Rzee'c, m~d Caun~ RCMM 48, 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CftARACTER OF THE DISTRICT because ~ ~ ¢:~ ~ ~ ~ ~ STATE OF NEW YORK ) ) ss COUNTY OF ~ ) ......... ~' Signat~ ................... Sworn to this '~' ~j' day of ........ ~ ................................... 19 84 OWNER FORMER OWNER LAND AGE RES. NEW FARM Tillable W'oodland Meadowland House P~ot~.~ TOWN OF $OUTHOLD PROPERTY RECORD CARD STREET SEAS. IMP. VL. 3 l/ TOTAL FARM DATE BUILDING CONDITION J VILLAG[E ~--' ~-- j DIST.i SUB. (/ ,. j- W ~PE OF BUILDING COMM. CB. MICS. Mkt. Value , ,, t,j LOT NCRMAL BELOW ABOVE Acre Value Per V~lue Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH DOCK BULKHEAD Total 0 ,lO"~. N.69~0~ lO0.DO %. ~00.0 MA P OF DESCRIBED PROPERTY A T GREENPORT TOWN OF SOUTHO£ D SUFFOI_ K CO, NY, AREA : ~0,000 = ' 0.459 ACRES UPDATE SEPT ~4 ,1984 JUNE $ ~ 19~$ i00.O0 , I0 9~ 0~' CERTIFIED TO: USLIFE TITLE INSURANCE CO. HED Wl~ ZER¥O$ CONS~ANTINOS I donack a.ssociates 3.[3 west mmn street r~verhead, new york 11901 (516) $69-1717 (212) 746-5020 May 25,1985 Job N~ 8:5-267 1000'040-02-21 Scale: I"= 30' mission of thiS~jl~rlil, arid an envtr'om:~er~Lal~Jview will be made by this bow before any action Js tal~li. SHORT ENV~h~.O~,:ETIT.~L ASSESCMENT FePJ4 (a) In crd"'r to answer the questions in this short gAF is is assumed that the preparer will use currently available ir. formation concerning the project and the !~kely i~pacts of the action. It is not exT. ected that additional studio-', research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Envlror~ental Assessment Fo~m is neces~ar/. (c) If all questions have been answered No nc~ s~gnificant. (d) F_nviror~ent al 1. Will project result in a~ ,1, ar~e physical to the project site or ~hysically alter more than 10 acres of land? · Yea ~ No 2. Will there be a m, aJor change to any unique or unusual land form found on tho site? , , , Yes , , No 3. Will project alter or have a large effect on an existing body of water? · , · , · , · · Yes &. Will project have a potentially large impact on groundwater quality? · , · · · · · · · · Yes No ~. Will project significantly effect drain, a~e flow on adjacent sites? · · · · · · · · · · Yes No 6. Will project affect any threatened or endangered _~_ plant or animal species? . · · · . . · . . . Yes No 7. Will project result in a major adverse effect on air quality? . . · o · . . · , · Yes No 8. Will proJe~t have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the communAty? , . . Yes 9. Will project adversely i~..pact any site or struct- ure of historic, pre-historic, or paleontological importance or an7 site designated as a critical environmental area by a local agency? · · · Yes No 10. Will project have a major effect on existing or 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance a.~ a result of the project's operation? . Yes ~ No 13. Will project have an7 impact on public health or · 1i. Will project Affect the existing community by directly causing a ~.rowch xn permanent popula- period er have a major ne~atxve effect on t~,e charact%~ of the com.~unit7 or neA~%bor~oco?. . , Yes , , , ,~o ~5. I~ there publ~c~ contrsver~ concernln~ the project? . Yes ~,. No U~ichar~ Sled~ski COUNTY DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals December 18, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number ~Richard W. Sledjeski John & Marilyn Flynn 3284/ 3285 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 5OUTHOLD,~-.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 Co~ission: ×X Variance from the Zoning Code, Article XI , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section -- Special Permit lO0-119.l(A) Appeal No.: 3284 Applicant: Location of Affected Land: C.R. 48 and Homestead County Tax Map Item No.: 1000- 40-02-21. Within 500 feet of: XX RICHARD W. SLEDJESKI Way, Greenport Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, OwnedLand Boundary of Existing or Proposed County, or Other Recreation Area Existing or Proposed Right-of-Way of Any Channel Owned by the County or lished Channel Lines, Thruway State or Federally- State or Federal Park Stream or Drainage for Which The County Has Estab- or Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. COMMENTS: Applicant ~~ permission to high which exceeds 4' height requirement along Erect f~ncA at 6' frontyard areas. Copies of Town file and related documents enclosed herewith for your review. Dated: December ]2, 1984. ~/c~,t/~ ~.~~ SeCretary, Boar~ of Appeals JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 24, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3284 application of Richard W. Sledjeski for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; letter relative to N.¥.S. Tidal Wetlands Land-Use; copy of the Application for Building Permit; Notice of Disapproval from the Building Department; and survey. Sou~hold Town CTerk 0 1~.69#0~' IO''g' i0o. 0° Od~I pOO~ 6.~' 5000 ~0gfH 9~ 0~' I0 ( C.[~. ~0~° MA P OF DESCRIBED PROPERTY A T GREENPORT TOWN OF SOUTHOI D SUFFOI_ K CO. N.Y. ,~R~ A : 50,000 .' O. 459 ACRES uPaArE SEPI~ JUNE / i00.oO CER T/F/ED TO: USLIFE TITLE INSURANCE CO. ~ 85-55-389/8 NED WIG ZER VOS CONSTA N T/NOS ZER VOS donock ossociote s :5~5 west moin street riverheod,new york 11901 516) :569-1717 (212) Muy 25,198 :~ ,l~bN 1000-04~-02- 2' ~cc~e APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SBOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 September 14, 1984 Irving L. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. 3284 - Richard W. Sledjeski Fence Height Variance', C.R. 48, Southold Dear Mr. Price: The above application which was filed on August 24, 1984, was reviewed by the board at its Regular Meeting last evening, and the following information has been requested: Plan/Survey depicting the area of the proposed fencing, existing fencing if any, and the setback distances from all property lines. The survey submitted with the application did not show the proposed fencing under consideration. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN RnAD- BTATE RnAD 25 ~nUTHOLD, L.I., N.Y. llg?l TELEPHONE (516)765-1809 September 13, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3284 PROJECT NAME: RICHARD W. SLEDJESKI 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 simit~r project. TYPE OF ACTION: [ ] Type II [I] Unlisted [ ] DESCRIPTION OF ACTION: 6' high fence LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Corner of48 & Moores Lane~ Greenport, NY County tax Map #1000-40-2-21 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) ~he property in question is not located Within 300 feet of tidal wetlands or other critical environmental area. 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. Legal' L~GAL NOTI~ NOTICE i~ HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of ~outhold, the following public hearings will be held at the S~uthold Town Hall, ~ Road, Southold. NY by the ~outheld Town Bo~rd of Ap~ala at a P~g- ulmr Meeting on THURSDAY, NOVEMBER 29, 19~4, com- mencing at 7:30 p.m. and a~ fol- Iow~: 7:30 p.m. Application of N~ffr GUETFINGER, 950 Oak Street, Cutchegue, NY for a Variance to the Zoning Ordi- nonce, Article ~I, ~m~,ion 100-32 for permim~ion to commtruct oddi- tton to aece~ory g~ located in the f~ontya~l a~a with a du~d alde~ard ~th~k, Pnr~l No. 1000-136-01.37, 9~) 7:M p~ Application for JOHN AND MARILYN ~ NY for · Ver{e.,..~. to tion of a conc~ block sttu~,tm~ County Tax Ma~ Pate~! No. P~onie Bay Bonlovord ~ Nasuu Pt~ IM,), Nassau Poin~ Subdiv~ion Par~ of~ !42 7:40. p.m. Application of NUN~O, 60l~nn Rcad, ~o~th. old, NY for a ya:~anco for I~oval of atoM, N~v York Town Law, ~.~i&n 2~0-A consorning right, of-way located off th~ cant stdo of Wells Road, P~eonie, NY; to pcemiaco ld~ntifl~l aa County Tax Map Parcol No, 1000-78-06. 7:~0 p.m, Application for JOSEPH GRA880, e/o D. l~nt~, Routo ~, Aquebe~u~, NY for a Variance to ti~ ~oning Or. dinanco, Article IH, ~e~ion 100. ~1, Bulk ~chedule, for petmis. sion to construct nsw Ons-fMnily dwolling with nn insuffl¢iont fcontyard ~ethack at premi~ identified M County T~ ~p (c~nt o~ A. Mil~). 8:~ p.m. ApplicOn for JO~PH G~. ~o D. ~, ~u~ ~, Aqua, for aV~ ~ ~ ~ D~. W~on ~ u~ ~ ~1~ ment, at p~ i~n~ ~ty T~ Map P~l No. 1~-59~3, No~ St~ of ~d View Avenue, ~u~old, NY (c~nt ~r: A. Mil~). :05 p.m. Applimtion for~ IC~ W. S~ES~, L ~, ~., 828 ~nt ~n~, ~ For a Ve~ · ~ ~n~, ~cle J, ~ion 100-119.1 for ~ion ~ ~ hn~ ~ ~e m~im~ ~t ~nt, at p~m~ i~n~ ~ ~ T~ Map P~I No. 1~2-21; 8:10 p,m. Appli~tion ~ WA~ ~, ~ ~u~ld, ~ for a ~e ~, ~on ~C~6~ for ~n ~ ~ ~ ~ty T~ ~p P~l u~old, ~ (~t ~: S.. ~). 8:~ p.m..A~li~ ~r ~O~ PA~, ~o ~mt, ~ 11778 ~r a V~ ~ ~e ~ni~ ~i~, ~cle ~, ~on 1~2 for ~on ~ I~ i~d ~l in ~ ~a o~er ~ ~e ~, at p~ identifl~ ~ Co~ty T~ Map Pa~l No. 1~111.15.~ of 1.6 (~ .3). P~ ~i~n{ ~ ap~ar at ~e ~ my do ~; ~i- ca~o~ in ~n~ in ~la~on · e~ may ~ fll~ wi~ o~ of- fl~ ~fo~ or at ~is ~a~. Da~: Novem~r 2, 19~. BY O~ER OF THE ~O~ ~ BO~ OF GERARD F. GOEHRING]~, 1TN8-4700 CHAIRMAN toeing duly sworn k of THE SUFFOLK ~ lubllohed at Graenport, In tho ' County of Suffolk and State of New t the Notice of which the annexed )y, has been regularly published In ~per once each week for Rn~ mlvely, commencing on the raber 19 84 PrinciPal ~'lark ore me thio 8 th ~mber 1984 foll~ public 12aringS will be h~ ~ the ~ Town ~ 'J~J.t~. Road, ,.~old, ~ ~u~d ' T~n ~ApP~ et a R~ ~ ~DAY~ ~NO 7~ for s ~to ~e ~n~g ~, ,~de' ~, ~on 1~ ;~ ~ to mn-' S~, ~c~, 7:~ p.m~ '~n for JOHN ~ c/o 6.~S~g, ~x 1412, ~u~, ~ ~ a V~ to ~e ~ 'Ord~- 32 storage ~g, ~ to a ~d s~-~m~y~i. den~. p~mises id~ed .~ Nnsmm t~. t~d,)~ Mamsdu Point Subdiv/si~n part, of ~ 142 and 1~, ~ch~ue, ~. 7:~ P-m~fion ~ ~ A~B~ ~. 'N~O, .6~ ~ R~d, Sou~old, ~.~ a ~n~ for app~ ~ a~, N~ York T°wn~, ~o~ ~-A ~n~m~g ~ht-d-way l~t- ~d off ~ee~t side ~ Wells R~, P~, ~ m p~mis- es ,id~,~ ~ Tax Map P~I ~ 1~-75~. ~1. 7:50 p.m. Appl~afion for JOSEPH G~SO. c/o D. ~ds, ~ute ~; Aque~gue, ~ f~ a V~ce to ~e ~ning ~, ~e IH, Se~on 1~-31, Bu~ ~edule, for p~sion 4o ~ns~ n~ one-fa~y dwel~ wi~ ~ ~u~nt ~n~d ~t- ba~ at p~s i~n~ed ~ C~ T~ ~P P~I No~ t~-Sg-~,.~ on the No~ Side 0f Sound View · - Avenue, ~u~old, ~; (~r- ~nt 5wner: A. M~ne). 8:~ p.m, Appli~on ~ ~ c/o D. ~nis, Route ~, Aquebogue, NY for a Va~n~ to ~e ~ Da~ge ~vention ~w, Ch. 46, for permission to utH~e a~a below ~e m~um ~- qui~d fl~d eleva~on for mech~i~l equipment, at p~- raises iden~ed ~ Coun~ T~ Map Pa~l No. 1~-59-~. ~3, No~ Side of ~und View Avenue, Somhold, NY (~r- ~nt owner: A, MHne). ~8:05 p.m. Application for C~ ~, S~J~KI, c/o 1. ~, ~q., 8~ ~nt St~et, ~en~, NY for a V~n~ to ~e ~ning ~. an~, ~icle M, ~n 1~- 119.1, for pe~ission m ~n- stoa fen~ ex.edgE ~e m~um four-f~t heist ~- qu~ement at p~mi~s identi- fied ~ ~ T~ Map P~el No. 1~2-21; 1~ Homestead Way, ~n~, ,NY. 8:10 p.m. Appli~on '~ ~Bay- ~ew R~d, ~u~old, ~ for a Vad~ to ~e ~ning ~in- ~[6](~ f~ ~ion m ~ d~ s~at ~- ~ iden~ ~ ~ T~ ~ P~el No~ 1~- ~; wm~ d C.R. 48 and A~y ~d ~ne, ~u~old, o~)~ 8:20 p.m. Appli~on for ~O~ PAGO~, e/o S~ K~g P~Is, Route ~A, R~ PO~t, ~ 11~8 for a V~ to ~e ~n~g O~- ~e, ~cle ~, S~on 1~- 32 f~ ~s~n to ~te COUNTY OF SUFFOLK 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 .................................... doy ........... .......... Sworn to before me this ................................ day of .......... .'~...~ ......... , 19....~..~/ Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Coml~,issk,n Expires March 30, 19 J~ IRVING L. PltI6E, JR. ATTORNEY AT LAW September 27, 1984 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Att: Ms. Linda Kowalski Re: Application of Richard W. Sledjeski for a variance as to stockade fence. Gentlemen: ~,aPursuant to your request, enclosed please find ~copies of updated survey of September 24th showing location of the stockade fence, the approval for which has been requested. Very truly yours, ILP/dg Enc. TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ,~7, DATE 7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)...R_I..C..H..A...R..D.....W..:....S...L.E.D...J~....S..K...I. ............... of ....1..9..4...0..,H...°..m.e..s...t..e..a...d.....W..a.Y. ............................. Nome of Appellant Street and Number Greenport New York HEREBY APPEAL TO Municipalit,/ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) TWIN FORK FENCE CO. OF SUFFOLK INC. Name of Applicant for permit of P.O. Box 476 Mattituck New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PEKMIT TO BUILD 6' 0" high Stockade Fence PROPERTy1040 Homestead Wa , Greenport A-Residential 1. LOCATION OF THE ......................................... .~. .......................................................... / Suffolk County Tax Map No. Street and Hamlet Zone Agricultural 1000 - 040 - 02 - 021 OWNER(S): R.i.c.h.a.r.~..W....~..C.~.~,$~djeski Map No. Lot No. DATE PURCHASED:.........~.June 22 .1.~.4 ..... 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 XI , Sect/on 100-119.1 A 3. TYPE OF APPEAL Appeal is mode 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)K-I~-r,~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 ...................................................................... ( ) (X) ( ) 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 continue the existence and maintenance of the six foot high fence between our swir~ming pool and county Rt. 48. Foz~ ZSl (Continue on other side) REASON FOR APPEAL Continue~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- Sary HARDSHIP because practical difficulty would result if we were required to r~move the fence which was erected by a contractor in violation of the zc~ing chapter without our knowledge of the violation until it was constructed. In addition, with cut a fence of that height wa could not adequately screen our pool fr~ County Route 48, a busy tkro%tghfere. 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 according to the zoning ordinance, our property has two front yards which does not automatically obtain a rear yard as is the case with corner lots (~100-19). The property has one front yard on Homestead Way, a residential street, and County Route 48, a major thoroughfare. It se~ms that the appropriate place to have'a frout yard would be facing Hc~estead Way where the rest of the residences in this area are located. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the maintenance of the fence shields the property from Rout~ 48, preserving its residential character. The fence is not an obstruction which would constitute a traffic hazard and does not block the vzew of adjoining property owners. STATE OF NEW YORK ) ) COUNTY OF SOFFOLK ) ss Sworn to this ~ ~'~/' day of .........~cj~. ................................... 19 84 .................. No,~6 ry Public Southoid Town Board of Appeals h4AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 31g71 APPEALS BOARD MEMBERS TELEPHONE (516) 765-1809 September 13, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. $ . E . Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRON~LENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 328~ PROJECT NJ~V~E: RICHARD W. SLEDJESKI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION: 6' high fence LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Corner o£ 48 & Mo0res Lane~ Greenport~ NY County tax Map #1000-~0-2-21 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. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~' the Petition of RICHARD W. SLEDJESKI to the Board of Appeals of the Town of Southold TO: BERNARD J. REILLY MARIAM VACARRO 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 request a (Variance) +~p~e~l-E--xa:~,l~-h~-)-~.f~eial-la~m&-)--~(~L-h-~-~)---~,-i-~-~-~-e--o~o&~ ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: Des±gnated on the SuEfolk County Tax Map as Distr±ct 1000, Section 040, Block 02, Lot 021; and Bounded on the North by Homestead Way; Bounded on the East by land of Reilly; South by County Route 48; and West by land of Mariam Vaccaro 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A-Residential-Agricultural 4. Thatbysuch Petition, theundersignedwillrequestthefoilowingrelief: Permit to construct a stockade fence 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Xi Section 100-119.1 A 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7(~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the Dated: August ~ , 1984 Petitioner- RICHARD W.,~'~EDJESKI by IRVING L. PRICE, JR. Attorney/Agent Post Office Address 828 FRONT STREET GREENPORTr NEW YORK 11944 pROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS BERNARD J. REILLY MARIAMVACCARO 107 Ryder Avenue Dix Hills, New York 11746 5 Dartmouth Street Forest Hills, New York 11375 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: _Doxis M. Gannon . , residing at Bayview Road, Southold, New York 11971 , being duly sworn, deposes and says that on the .~-T' day of Auqust ,19 84 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses 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 $outhold ; that said Notices were mailed to each of said persons by (certified) (~'egi~'ere:~) mail. Sworn to before me this ~:~ day ~ Auqust / Notary Public /' Doris M. Gannon IRVING L. PRICE, JF'L ~IOTARY PUBLIC, STATE OF ;~£'.'/ YORK ~esiding in Sdfllk (;0. ~t time 0t sl~p~intmen~ MY Commission Exptres March 30, P28 ,. ~_ , RECEIPT FOR CERT!FIED MAIL TOTAL POSTAGE AND FEES POSTMARK OR C)ATE Ms. Mariam Vaccaro 5 Dartmouth Street i Forest Hills, NY 113 ; =~ ~5 8/z..,~ /84 P18 " 107 Ryder Avenue Di~ Hilis,: ~. NY 11746 ~i~z .. , 8/2-L~/84 QUEST!ONNAIRE TO I3E 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 J3rook, NY 11794, (tel. 516-75]--7900), if you have checked Box #1 and/or Box#6 below. Please either call their office or personally visit them at their Stony B,-ook 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. [ ] 2. 3. [ ] 4. [ } 7. Waterfront without bulkheading Waterfront with bulkheading in good cor:dition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfrbr~t or wetlands area May be located within 300' of waterfront or wetlands area; however° the following structure separates ray property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more titan 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 far their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State [.aw and to prewnt any unnecessary delays in processing your application(s).