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HomeMy WebLinkAbout3213.--.~4~L~¥--& DOROTHY -S~-(~c~---- #3213 300 Marion Place, E.M. ~ ~c.3/17/84 CA--const~uCt- add. to.dwelqing--redu-cing rear- yard setback, and accy. garage bldg. in frontY~rd afea; Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11~J71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3213 Application Dated 0anuary. 30, 1984 TO: Irving L. Price, Jr., Esq. 828 Front Street Greenport, NY 11944 (Public Hearing March 2, 1 984) [Appellant(s)] As attorney for HENRY AND DOROTHY ST. GEORGE At a Meeting of the Zoning Board of Appeals held on March ]?,. ]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 , Sections 100-31 and 100-32 [ ] Request for The public hearing on this matter was held on March 2, 1984. Upon application for HENRY AND DOROTHY ST. GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard setback, (b) accessory garage building in the frontyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. lO00-31-8-part of 12.5. The board made the following findings and determination: By this application, appellants seek to construct: (a) 20' by 30' addition leaving an insufficient setback from the southerly end of the dwelling at 41 feet, and (b) 24' by 30' accessory storage building at the most northeasterly corner of the premises. The premises in question contains an area of 41,344 sq. ft. and has a "flag-lot" configuration, with frontage of a 25' right-of-way along the northwesterly portion of the premises. Existing on the premises is a one-family dwelling structure situated approximately 51 feet from the northerly front property line and approximately 50.5 feet from the easterly side property line. Under the circumstances, as noted, the board is agreement with the applicants. In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that the circumstances are unique; (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 w311 be in harmony with and promote the general purposes of the zoning code; (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3213, application for HENRY AND DOROTHY ST. GEORGE for permission to construct 24' by 30' accessory storage building and to construct 20' by 30' addition to dwelling, BE'AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: DATED: April 18, 1984. Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3213 Matter of HENRY AND DOROTHY ST. GEORGE Decision Rendered March 17, 1984 1. That the accessory garage be constructed not closer than eight feet to the north property line and not closer than l0 feet to the east property line; 2. That the addition to the dwelling shall not protrude into the westerly area (past the established deck-building line); 3. That the accessory garage building be used only for storage purposes (not for sleeping or living quarters). Location of Property: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. lO00-31-8-part of 12.5. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Member Doyen of Fishers Island was absent. This resolu- tion was unanimously adopted. GERARD P. GOEHRINGER, ~AIRMAN April 18, 1984 MAIN ROAD STATE ~OAD 2~5 SOU L , L I , N Y. 11c:J'71 So.thold Town TELEPHONE (516) 765~1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, 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 I. leeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on FRIDAY, MARCH 2~ 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN. Accessory garage .in frontyard area. 3955 Stars Road, East Marion, NY. 7.35 p.~. Application for HENR___~YAN___D. DOROTHY ST. GEORGE, by Irving L frice, Jr., Esq., 8~8 Front Street, Greenport, NY for a Variance to the Zoning ~Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard oetback, (b) accessory garage building in the frontyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. lO00-31-8-part of 12.5. - J 7:40 p.m. Application of JAMES F. DRUCK III, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Article XI, Section lO0-118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. lO~fl-126-10-O13. 7:45 p.m. Application for PAUL D. VARTANIAN and'th~-TOUN-~--F-'~-U~-~6~'~or a Variance to the Zoning Ordinance, Article V, Section lO0-51 and Article III, Section lO0-31, Bulk & Parking Schedule, for approval of insufficient area and width of two proposed parcels, and for permission to continue use of multiple- dwelling residence on proposed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. 7:50 p.m. Application for PATRICIA STEGNER, by Rudolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, and for approval of access, New York Town Law Article 16, Section 280(A)[3], concerning premises having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-6-5 and 10.2. 8:00 p.m. Application of HARRY AND MARIE FAGAN, 52 East Lincoln Avenue, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, for permission to construct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 1000-110-6-9. Legal Notice - Page 2 March 2, 1984 Regular Meeting South~ld Town Board of Appeals 8:05 p.m. Application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area in the proposed set-off of lot located at the corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. 1000-54-9- part of 18. 8:10 p.m. Application for DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Box 38, Mattituck, NY for a Variance for approval of access, New York Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article III, Section lO0~31 for approval of insufficient area of one parcel in this proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-4. 8:20p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to relocate a nonconforming one-family dwelling which was the subject of Appeal No. 3197, conditionally approved on January 25, 1984, at premises located on the west side of Westphalia Road and the north side of C.R. 48, Mattituck, NY; County Tax Map Parcel No. lO00-101-02-21.1. For information concerning the above 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 the above matters may appea~ at the time and place specified herein. Dated: February ll, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: Thursdaj/, February 23, 1984 and forward nine affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before February 29th. (516) 765-1809. Copies have been forwarded Irving L. Price, Jr., Esq. to the following 2/16/84: for Simon and Sanborn for Henry and D. St. George Mr. James F. Druck III Robert W. Tasker, Esq. Rudolph H. Bruer, Esq. Mr. and Mrs. Harry Fagan Mr. C. Cochran for Mrs. Epp Mrs. Frances D. Epp Gary Flanner Olsen, Esq. for Mr. G. Horton for North Fork North Fork Baptist Church Suffolk Times [.I. Traveler-Watchman Supervisor and Town Board Members · Planning Board Chairman Z.B.A. Members Individual files Posted on Town Clerk Bu( btin Board for Town of Southold/Vartanian for Patricia Stegner Daniel ShellJy Baptist Church 2/16/84 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ .. J/6Y. 1 .~. ~. ~ .~..,q.. ,,~0 ..... -- · ..,c/~.z-~z~.c~.-. ~:~ .... /./. ~.o~ PLEASE TAKE NOTICE that your application dated . ..~..~--d~....~: ~.... g. ~. .... , 19 .~.~. for permit to const~ct. ~,~Z ~ ~. ~q..~[[~l..~/~ff~j..~.. at / Location of Property.~.. ~/~ ~: ............ ~/~~..~'.~' House No. St~t Hamlet co~y tax ~ ~o. ~000 S~io... O. ZZ ...... ~o~ ...~ Z ...... Subdivi~on -- Filed Map No ................. Lot No. is returned he.with and disapproved on the follow~g grounds ~Y~'~. ~.~. ~. ~, .~. J~~..~ ~.., ~ ~v o. ~..ff~~.. ~ ~.~.c~c~.~. ~' . ~. .~ . . ~ ~. . ~ ~Z . ~, 2 d~ . , . . .~, ~ ~ ~. . ~ . Building Inspector FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765.1802 Examined ................ ,19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Application No .................. (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. c. The work covered by this application may not be commenced before issuance of Building Permit. x..d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such.permit hall be kept on the premises available for inspection throughout the work. ] e.~, No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Ocqupancy 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 milding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or [egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to dmit authorized inspectors on premises and in building for necessary inspections. INLAND HONES, INC. (Signature of applicant, or name, if a corporation) .... s. 7. ,. y.... ..... (Mailing address of applicant) ;tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. General Contractor qame of owner of premises Henry b Dorothy St .George (as on the tax roll or latest deed) f applicant is a corporation, signature of duly authorized officer. ~Robert g. Hiltz, Pres. ~ (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No. 2816 Other Trade's License No ...................... · Location of land on whicli proposed work will be done .................................................. 300 Mar/on Place, East Marion, N. Y. }louse Number Street Hamlet County Tax Map No. 1000 Section ..... .3.1 ........... Block ..... 8 ............ Lot...P/.Q..1.2...5. ....... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 1-Family Dwelling b. lntended useand occupancy ame ¥~..~..£-%(P/-~0"~ ................................ ..... .................. 3. Nature of work (check which applic ): New Building~ff~.~.//. Add~tio ........ Alteration .......... Repair .............. Removal .............. Demolitigfi .............. Other Work ............... (Descript!on) 4. Estimated Cost..$.1.2.: .O?.O...O.9 ......................... Fee ...................................... (to be paid on f'ding this application) 5. If dwelling, number of dwelling units..1 ............. Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions f xisting structures, if any: Front ..... .2.8 ........ Rear .... .2.8.- .......Depth .... 5.3. ......... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front 30 Rear 30 Depth ........................................... 20 . Height 16 Number of Stories ................. 1 ..... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ 9. Size of lot: Front .... ~e~..sur.v.ey. ...... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded .... .n.o. ..................... Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .M.r....&.M.r.s....S.t.:G..ep.r.g~ddress .E.a. sfi;..l?l.a.r.i.o.n.,~ ,Y,Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .I..NI~5..N~..Hg~l.F-e$, ~IN.f~, ..... Address BOX. 1 J.7.,~at.t.itucltllone No.. 29tt,969fi. .... t PLOT DIAGRAM 234;09 ~:"'" z Robe~f~gf'' Mil tz being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the Contractor (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 file 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 me this [~;~ dace)0'..~..~..f ~?j ~, 19~'/ ' Notary Public,. .... · ................. . ...... Co tV ~ ~ ~ t:W', //f'/~x~ l<ODOrt H., H'II1ZZ 1984 TOWN OF SOUTHOLD, NEW YORK ?0'~ ~ ~III~I~AL FROM DECISION OF BUILDING INSPECTOR DATE January 24, 1984 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. We Henry & Dorothy St. George 300 Marion Place 1, ( ) ................................................................. of ............................................................................ Name of Appellant Street and Number East Marion New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 1/17/84FOR: Building Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ) PERMIT FOR OCCUPANCY Name of Applicant for permit of 315 Westphalia Road Mattituck New York Street and Number Municipality State ) PERMIT TO USE (x) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY .9.u..V..~..~f".+.M{~..~*~?~.~.~.~..~.~.~:~.~.~.u.~.~..~.~.~.~.~.~...~`..~.~.~.~L~~t=~~'' "--:-- "'--- '"--~- "~-;~- ~-'~^~;'=~-'~;~"~--~ Street ~d ~let Zo~ .../~.~.~I~.C.~.:~.~.~...Oi~..~ ............................... O~ER (S): ~..~..........D°r°thy .~t:. . ~eorge. Map No. Lot No. July .8~ 1982 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 100-31 and 100-32 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 .9:~)-(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to Fomn ZB1 (Continue on other side) REASON FOR APPEAL Continued ,.~d i~. 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ~ sory HARDSHIP because in its proposed location it will "back up" to other garages in the area. This is the logical place to locate the garage at the end of the existing private driveway. If the garage was at the side of the house, it would reduce ventilation of the back bed- rooms. The extension of the house is requested because this "second home" is to be the only residence of the applicant beginning April 1, 1984. The present house is small for a permanent residence, and the addition will be a family and dining room. 2 The hardshipcreatedis UNIQUEond isnotshared by oil properties alike in the immediate vicinity of this property and in this use district because of its shape and location. The house is located in the only logical place. Much of the westerly part of the lot is separated from the remainder by a right of way 25 feet in width. Therefore, the garage location is as near being the backyard as is possible. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the other residences in the area have garages with which this will appear to be on similar locations of other parcels. The extension will be 41 feet from the side line of the premises which is technically a "front yard" under the ordinance. COUNTY OF SUFFOLK) / Signature /~,~ Sworn to this ............ ~..~1..~ ................day of ............... .J.~t..n..u..~:'A-y, ........................ 19 84 I(ATHY M. I~LING£ NOTARY PUBLIC, State of New York No. 52-4657592. Suffolk County~,~-'-' Commission Expires March 30. MAP " ~K ~, ~, ~ ~TN ~V~ DOROTHY GEO~E t S~ ', ..... ,,,,,-,~ WFP2K C~TY ~. M ~T~ TOwN or - .' ~ ~T[: ..... , .... ...~ ~, / , , .... ~ ~,',,' // , ¢" ~ // -b.~ ~ - ~ A ~ ~ ro THE ~.S OF TH~ ~ ~, ',~ k~ ~ ~n~Y~s t~ " "'- COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE e. KOPPELMAN Town of Southold Board of Appeals July 24, 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 Co-mission are considered to be a matter for local determination. A decision of local determination should hoc be construed as either an approval or a disapproval. Applicant Municipal File Number Patricia Stegner Paul D. Vartanian & The Town of Southold Henry & Dorothy St. George 3174 3212 3213 Very truly yours, Lee E. Koppelma~ Director of Planning Gerald G. Newman Chief Planner HIGHWAY HAUPPAUG[. L. I., NEW YORK 11788 Southold Town Board of Appeals MAIN RC3AD-STATE RnAD 25 BrlUTHDLD, L.I., N.Y. 119'71 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: xx Variance from the Zoning Code, Article III , Section I00-3I & I00-32 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section -- Special Permit Appeal No.: 3213 Applicant: ~ENRY & DOROTHY ST~ GEORGE Location of Affected Land: 300 Marion Place, East Marion County Tax Map Item No.: 1000-3I-8-part of I2.5 Within 500 feet of: __ Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, 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, State or Federal Park Or __ Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. w~s gr~nted COMMENTS: Applicant ~x~~ permission to construct ~dd. to dwelling reducing re~ry~rd setb~ck,&construct ~ccy. g~r~ge bldg. in frontyard ~re~. Copies of Town file and related documents enclosed herewith for your review. Dated: July 20, I984 Temp. Secretary, Board of Appeals 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 RnAD- STATE RI~AD 25 5t'tUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 April 18, 1984 Irving L. Price, Jr., 828 Front Street Greenport, NY ll944 Esq. Re: Appeal No. 3213 - Henry and Dorothy St. George 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 be 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 ~a~. '~ow~a~ ki Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STA ['ISTICS OFFICEOFTHETOWN CLERK TOWN OFSOUTHOLD January 30, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3213 application of Henry & Dorothy St. George for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and Judith T. Terry Southold Town Clerk NOTICE NOTICE IS HEREBY GIV~ EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Reguler Meeting and the · following public hearings will be held by the Seuthold Town Zoning Board of Appeals nt the Town Hall, Main Road, Southold, NY on FRIDAY~ ..MARCH 2, 1984, commencing at 7:~0 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of 'RANK S ON an GEORGE SANBORN. Acces- ~.~garage in ~f~l~tyard area. NY. DOROTHY ST. GEORGE. by Irving L~ Price, Jr., Esq., 828 Front Street, Oreanport, HY for a Variance to the Zoning Ordinance, Al~icle IH, Sections 100-31 and 100-32 for permission to con- struct: (a) addition to dwelling reducin~ ~earyerd setback, Co) accessory garage building in the frentyard eren at premises: ion, NY; County Tax Map Parcel No. 1000-31-8-part ]2.S. · ~.;,~0 p,m. Application of -~-~__~ e ~UTTr~' ~ zor approval of insufficient area in the Proposed set-off of lot located at the corner of Maple and Pine Roads, South. old, NY; County Tax Map Parcel ID No. 1000-54.9. part of 18. -8:10 p.m. Application for rlanner Oisen, Esq., Box 38, Mattituck, NY for a Variance for approvaI of access, New York Town Law, Article 16, Section 280(A), end Variance to the Zoning Ordinance, Article ~I, Section 100-31 for approval of insuffiCient area of one parcel n this Proposed i ' two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; COunty Tax Map Parcel No. 1000-83-2.4. 8:20 p.m. Application for NORTH FORK BAPTIST --- - .... ~, Ma_~jt~ ~¥. by G.L. Horto~or a variance to the Zoning Ordin. ence, Article ~I, Section 100- 31 for permission to relocate a ) nonconforming one - family dwelling which was the subject of Appeal No. 3197, condition, e.lou ally approved on January 25, 1984, at premises located on the west side of Westphalia Road and the north side of C.R. 48, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000. 141-02.21.I. For information cenceroing the above matters, please contact linda Kowalski at the Office of the Roard of Appeals, Town Hall; $outhold, NY; tel. 765-1809 or 1802. Those per- Sons having an interest in the above matters may appear at the time a~d place spec/fled her~ln. Dated: Febriiary 11, 1984. BY ORDER OF THE $OUTHOLD TOWN .... ROARD OF APpI~ a T c 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 .................................... of ......... ........... ..... day ~ Swam to before me this ........... ? ....................day of ........... .............. , 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 Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on FRIDAY, MARCH 2, 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN. Accessory garage in frontyard area. 3955 Stars Road, East Marion, NY. f 7:35 p.m. Application for] ~ HENRY AND DOROTHY ST.~ J GEORGE. by Irving L. Price,[ ,Jr., Esq., 328 Front Street,~ ~Greenper~t, NY for a Variance ~ f Ito the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard setback, (b) accessory garage building in the frontyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No.~ JAMES F. DRUCK III, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Article XI, Section 100- 113, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000q26q0~013. 7:45 p.m. Application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD for a Variance to the Zoning Ordinance, Article V, Section 100-51 and Article III, Section 100-31, Bulk & Parking Schedule, for approval of sufficient area and width of two proposed parcels, and for permission to continue use of multiple-dwelling residence on proposed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 10004)09q0-9. 7:50 p.m. Application for PATRICIA STEGNER, by Rudolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, and for approval of access, New York Town Law Article 16, Section 280(A)[3], concerning premmes having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-6-5 and 10.2. 3:00 p.m. Application of HARRY AND MARIE FAGAN, 52 East Lincoln Avenue, Valley Stream, NY 11530, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 1000q104~9. 3:05 p.ml Application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuffici~ area in the proposed set-off of lot located at the corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. 1000-54-9-part of 13. 0:10 p.m. Application for DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Box 38, Mattitack, NY for a Variance for approval of access, New York Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of one parcel in this proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; County Tax map Parcel No. 1000-83-2-4. 8:20 p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattitack, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to relocate a nonconforming one- family dwelling which was the subject of Appeal No. 3197, conditionally approved on January 25, 19~4, at premises located on the west side of Westphalia Road and the north side of C.R. 48, Mattituck, NY; County Tax Map Parcel NO. 1000-141-02- 21.1. For information concerning the above 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 the above matters may appear at the time and place specified herein. Dated: February 11, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TF23-4494 STATEOF NEWYORK ) ) SS: COUNTY OF SUFFOLK ) ~USAN W ALL~N ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, e 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 ~e weeks successively, commencing on the 2 ~ rd day of February 19 ~4 Principal Clerk Sworn to before me this 23rd day of February 1984 Town ol Souii oid February 6, 1984 Board of Appeals Town of Southold Main Road Southold, N. Y. 11971 Gentlemen: I have received a Notice dated January 24, 1984, that Mr. and Mrs. Henry St. George have applied for a variance to construct an addition to an existing dwelling and to construct a two-car garage on their property at 300 Marion Place in East Marion. After reviewing their application at your office, I find I have no objection to their proposal. In fact, I find it quite reasonable and I encourage you to grant them the variance. In particular, it seems to me that the need for this variance was created not by the applicants but by the Building Department through what I find to be an arbitrary determination of the front of the dwelling. If the front of the dwelling were designated to be that side facing Marion Place, as extended, then I believe no variance would be required. In which case, granting this variance simply will serve to correct an administrative error. It was my intent when developing this property that no improvements be erected west of the set-back line now established along the east side of Marion Place and this property is subject to a covenant to that effect. The proposal of this application is consistent with my plan and both appear to be consistent with a determination that the front yard lies to the west of the dwelling. In granting this variance, ! ask that you state that it shall be determined that the front yard lies to the west of the dwellin~ in all future aDDlications received by the Building Department concerning the development of this property. Otherwise your action now may very well be interpreted in the future as an affirmation to the contrary, in which case the applicants will be repeatedly caught up in a conflict between the restrictions of the convenant and those of the Zoning Code. S~n?rely, i lam W. ~chriever, Executor Estate of Walter W. Washburn Box 128 Orient, N, Y, 11957 {J N 3'il 1984 TOWN OF $OUTHOLD, NEW YORK t~Ng (~lll~,~[Iqll~ FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ,~ ~/3 DATE .~..~.......~.......2.~.e... '1984 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .~,.~,*..*~.....~t..*,,,D~.,,*,~,,,.,~,,~.,..~,.,~..~.,..~,.~,.l~.?.l .of .....~,.0,.0...~.~,9.,~,..,~*.,~,,~,.,~,,~, .................................. Name of Appellant Street and Number Eamt Marion New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 1/l?/84FOR: Buildinq Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Inland Homem~ Ina. Name of Applicant for permit of 315 Westphel~a Road Mattituok New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (lt) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ....'~.....~...r..'z~L....~.....~..~........~...~Z.~r~''~'~ Street and Hamlet Zone OWNER(S): .H.?..~.. & Dorothy Si:, ~or~ lv~ap No. Lot No. ~Uly ~ 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 Ill , Section 100-31 and 100-32 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 .('h~eJ.,(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Sach appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because tn t~ proposed location it will 'back up' to other garages in the area. ~hts is the logical place to locate the garage at the end of the existing private drlve~ay. If the garage was at the side of the house, it would reduce ventilation of the back bed- The extension of the house is requested because this "second home" is to be the only residence of the applicant beginning April 1, 1984. The present house is small for a permanent residence, and the addition will be a family and dining roou. 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 Of i~ shape and lo~ation. The house is locatod in the only logical place. Much of the westerly part of the lot is separated from the remainder by a right of way 15 feet la width. Therefore, the garage location is as near being the beokyerd as il possible. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER.OE TH.E,DI,STI~I.C]' becq~s.e the other residences in the area have gerages w~n wnxon ~n~s VXAA appea~ to be on similar locations of other parcels. The extension will be 41 feet £rou the side line of the pr_~-~ses which is toohnioally a 'front yard' under the ordinance. STATE OF NEW YORK ) ss COUNTY OF ~ Jant~'y Sworn to this .......... .(~..~.. ......................... day of ........................................................ 19 KATHY M. KLING£ #OTARY PUBLIC, State of New York No. 52-4657592, Suffolk County ~Z: {lilfllngssio. ~pires Ma~'~h 30~ 1~.~ BOA In the ~ : HENRY ~ ST. GEORGE : .. to ~ Board of ADbeals of the Town of Southold : TO: EDWARD F. POHLIG & wife ARTHUR W. MYLES & wife VICTOR NOVAK & wife NOTICE TO ADJACENT PROPERTY OWNER STUART P. ANDERSON & wife ESTATE OF WALTER W. WASHBURN ERNEST G. RADFORD 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)-(~Jpe~4-4~'~"'p~ioe-)-(~peoia4-,eer4wit--)-~-O~l.t~-)---[-~~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 300 Marion Place, East Marion, NY - Suffolk County Tax Map No. District 1000, Section 031, Block 08, Lot P/O 012.005 3. That the property which is the subject of such Petition is located in the following zoning district: A - Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: Permission to construct an addition to existing dwelling; and permission to construct a two car garage 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 and 100-32 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 right to appear and be heard at such hearing. Petiti0n;;/Ir4i~g L. PrinCe, Jr. Attorney/ Agent for Henry & Dorothy St. George Post Office Address 828 Front Street Greenport, New York 11944 NAME EDWARD F. ARTHURW. POHLIG & wife MYLES & wife PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 275 Marion Place, Box 733 East Marion, New York 11939 VICTOR NOVAK & wife STUART P. ANDERSON & wife ESTATE O~ WALTER W. WASHBURN ERNEST G. RADFORD 1110 Bay Avenue East Marion, New York 11939 44-11 30th Avenue Long Island City, New York 11100 22 Sea Cliff Avenue Sea Cliff, New York 11579 c/o William W. Schriever Main Road Orient, New York 11957 2435 M arlene Lane Mattituok, New York 11952 I I' l l l l l o I STATE OF NE~ORK COUNTY OF SUFFOLK KATHY M. KLINGE . residing at (No #) County Route 48, Southold, New Yo~ , being duly sworn, deposes and says that on thec-~7(,,~day of January; ,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 Southold ; that said Notices were mailed to each of said persons by (certified) Sworn to before me this ,.~ ~ /'t- Notary Public ~ &. ~NNON PUBLIC. $1mle ~t N Y Co. Ne. 47015~4 £xl~res March 30, ]9 ~ SHORT ENVIRONMENTAL ASSESSMENT FOP~ INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available inforr, ation concerning the project and the likely impacts of the action· It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (o) If all questions have been answered No it is likely that this project is no__~ significant. (d) Enviror~ental Assessment 1, Will project result in a large physical change to the project site or physically alter more than 10 acres of land? , , , · ..... 2, Will there be a major change ~o 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 p. roJect have a potentially large impac~ on groundwater quality? , · , · , · , · 5, Will project significantly effect drainage flow on adjacent sites? · . . . , . 6. Will project affect any threatened or endangered plant or animal species? , , , , , , 7, Will project result in a major adverse effect on 8. 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? . 9. Will project adversely Lmpact any site or struct- ure 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? . . . ll. 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? . 13. Will project have any impact on public health or safety? 1L. Will project Affect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on character of %he com. munity or neighborhood?. . 15. Is there publi~,cont.roversy_~ the project? PREParER' S S IGNATb'RE: k~F~.' ,~~.f TITLE: REPRESENTI.~G: Henry ~ Dorothy St~. DATE: George Yes x No Yes No Yes x No Yes x No Yes x No Yes x No Yes x No Yes x No Yes x No Yes X No X Yes . No Yes x No Yes x No Yes x No Yes X No Attorney at Law January 24, 1984 QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in 'order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. [xx] 3. [ ] 4. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental a rea: [ ] 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 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/waterfront 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 photographs of the project and wetland areas, it would help expedite the processing of your applica-- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k IRVING L. PRIGE, JR. ATTORNEY AT LAW 8i~8 FRONT STREET GREENPORT, L. I., N. Y, 11944 January 26, 1984 Southold Town Clerk Main Road Southold, New York 11971 Re: Application of Henry & Dorothy St. GeOrge Dear Madam: Enclosed herewith please find: (1) Notice of Disapproval (2) Application in triplicate (3) Notice to Adjoining Property Owners (4) Short Environmental Assessment Form (5) Wetlands Letter (6) Four copies of survey (7) My check in the amount of $50.00 Please advise me of the date and time of the hearing of the subject application. If you have any questions, please do not hesitate to contact me. Ve~yol/rs, ILP:kk Enclosures