HomeMy WebLinkAbout3107440 ~hird St.., New Suffolk _ ~l~" 5/2~]83
~,66n~tr~O{ ~ec~ which Wiii exc~ m~x~mum
lot cover~e ~ existi~9 ~nd proposed
Southold Town Board of Appeals
MAIN ROAD- 5TATI: ROAD :35 ~OUTHOLD, L.I., N.Y. 11c:J71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No.
Application
TO: Mr.
3107
'Dated March 30, 1983
Richard E. Sullivan
440 Third Street
New Suffolk, NY 11956
Mr. David Horton (Builder)
Kouros Road, New Suffolk, NY 11956
(Public Hearing held 5/27/83)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on June 14, 1983
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
IX] Request for Variance to the Zoning Ordinance
Article III , Section 100-31
[ ] Request for
The public hearing on this application was held and closed on May 27, 1983.
Upon application for RICHARD E. SULLIVAN by David S. Horton, Kouros
Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31, Bulk Schedule, for permission to construct deck which will
exceed the maximum lot coverage of existing and proposed structures, at
440 Third Street, New Suffolk, NY; County Tax Map No. 1000-117-09-020.
The board made the following findings and determination:
By this appeal, appellant seeks to construct a deck addition to
the existing dwelling, extending from the back of the house in a southerly
direction 25' and as shown on penciled-in sketch dated January 21, 1983.
The total square footage of the proposed deck is approximately 654 square
feet, of which 455 square feet is over the 2882 square feet maximum
allowable by the zoning code. The lot in question contains an area of
14,378 square feet, having frontage along Jackson Street of 101.95 feet
and along Third Street of 140.97 feet. The board finds that the relief
requested is reasonable and practical under the circumstances.
In considering this appeal, the board determines that the variance
request is not substantial; that the circumstances herein are unique;
that by allowing the variance no substantial detriment to adjoining
properties will be created; that the difficulty cannot be obviated by
a method feasible to appellant other than a variance; that no adverse
effects will be produced on available governmental facilities of any
increased population; that the relief requested will be in harmony
with and promote the general purposes of zoning; and that the interests
of justice will be served by allowing the variance as indicated below.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3107, application for RICHARD SULLIVAN
for permission to construct deck addition as shown on the January 21,
1983 plan submitted with the subject application, BE AND HEREBY IS
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck never be enclosed;
2. That the deck never extend further than the corners of the
house as exists, or past the side of the garage.
DATED: June 27, 1983.
Form ZB4 (rev. 12/81)
(CONTINUED ON PAGE TWO)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3107
Matter of RICHARD SULLIVAN
Decision Rendered June 14, 1983
Location of Property: 440 Third Street, New Suffolk, NY; County
Tax Map Parcel No. 1000-117-09-020.
Vote of the Board: Ayes: Messrs. Goehringer,
Sawicki. (Members Grigonis and Doyen were absent.)
was unanimously adopted.
Douglass and
This resolution
RECEIVED AND FILED BY
THE sou o D
Town Clez~, Town o~ Soulhold
June 28, ~983
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11c~71
TELEPHONE (516) 765-1809
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Provisions of the Amended Code of the Town of Southold,
a Regular Meeting and the following Public Hearings will be held
by the Southold Town Board of Appeals at the Southold Town Hall,
Main Road, Southold, New York, on FRIDAY, MAY 27, 1983 commencing
at 7:30 p.m. and as follows:
7:30 p.m. Application for REV. WILLIAM J. HILLIARD, by
Irving L. Price, Esq., 828 Front Street, Greenport, NY, for a
Variance to the Zoning Ordinance, Article III, Sections 100-23 and
100-32 for permission to re-locate accessory structure in the
front/side yard areas at Heathulie Avenue, Fishers Island, NY;
Minor Subdivision Map of Smith-~illiard 9155, Lot 3; more parti-
cularly known as County Tax Map No. 1000-9-6-5.2.
7~35 p.m. Application for HILDEGARD MORAND, By Irving L.
Price, Esq., 828 Front Street, Greenport, NY for a Variance to
the Zoning Ordinance, Article III, Section 100-34 for permission
to construct addition, attaching nonconforming accessory structure,
leaving an insufficient sideyard setback (as a principal structure),
at 935 Old Shipyard Lane, Southold, NY; Founders Estates Map 834,
Lot 10'/; County Tax ~p Parcel No. 1000-6~-05-~1.
7:40 p.m. Application of WILHELM & SILKE FRANKEN, 75 Carroll
Street, Brooklyn, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule, for permission to
construct new dwelling with an insufficient frontyard setback,
at Osprey Nest Road, Cleaves Point Section I, Map 2752, Subdivi-
sion Lots 14 and 15, at Greenport; County Tax Map Parcel
No. 1000-35-6-22, 23, 24.
7:45 p.m. Application of BURKE E. LIBURT, 1420 King Street,
Orient, NY, for a Variance to the Zoning Ordinance, Article III,
Section 100-32 for permission to construct accessory horse barn
in the sideyard area, at 1420 King Street, Orient, NY; County
Tax Map Parcel No. 1000-026-02-040.
7:50 p.m. Application of JOHN GRIGONIS, Main Bayview Road,
Southold, NY, for a Variance to the Zoning Ordinance, Article VI,
Section 100-60 (A) & (B) for permission to construct a new dwell-
ing in this B-Light Business District at 860 Main Bayview Road,
Southold, NY; County Tax Map Parcel No. 1000-70-7-16.2.
Page 2 - Legal Notice of Regular Meeting and Public Hearings
Southold Town Board of Appeals
Ma~ 27, 1983 Regular Meeting
7:55 p.m. Application of ALFRED AND ZINA HULL, 333 Pearl Street,
New York, NY 10038, for a Variance to the Zoning Ordinance, Article
XI, Section 100-118E for permission to reconstruct and alter existing
building which would exceed 50% of the fair market value of this
structure, requiring a variance to continue or reinstate a second-
dwelling unit in this "A-Residential" District, at 3630 Soundview
Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-04-004.
8:05 p.m. Application of SOUTHOLD LUMBER CO-;, INC., Youngs
Avenue, Southold, NY, for a Variance to the Zoning Ordinance,
Article XI~ Section 100-119B for permission to erect fence exceed-
ing 4' in height along the frontyard area of these premises more
particularly known as 675 Boisseau Avenue, Southold, NY; County
Tax Map No. 1000-63-02-030.1.
8:10 p.m. Application of HENRY PIERCE, 2615 Wells Road,
Peconic, NY for a Variance to the Zoning Ordinance, Article 100-32
for permission to construct accessory storage building in the
front and side yard area at 2615 Wells Road, Peconic, NY; County
Tax Map Parcel No. 1000-086-02-1.2
8:15 p.m. Application for ROBERT T. KROEPEL, D.D.S. by
Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-31 for
approval of two proposed parcels having approximately 37,069
square feet in area and 120.85 feet of road frontage, at the
north ~ide of Indian Neck Lane, Peconic, NY; County Tax Map
Parcel No. 1000-86-6-16.
8:25 p.m. Application of JOHN AND JANET FLOWERS, 400 Con-
klin Road, Mattituck, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-32 for permission to construct garage
in the frontyard area, at 400 Conklin Road, Mattituck, NY;
Garden Heights Subdivision Map 577, Lots 24 and 25; County Tax
Map Parcel No. 1000-139-04-006.
H~or~ p.m. RICHARD~ SULLIVA________~N by S.~
8:30
Application
for
David
ton, Kouros Road, New Suffolk, NY for a Variance to the Zonin~
~Ordinance, Article III, Section 100-31, Bulk Schedule, for per-~
mission to construct deck which will exceed the maximum lot f
coverage of existing and proposed structures, at 440 Third ~
/ Street, New Suffolk, NY; County Tax Map No. 1000-117-09-020. ~/
8.35 p.m. Application of JACK EEVIN, 59670 C.R. 48, Greenport,
NY, for a Variance to the Zoning Ordinance, Article III, Sections
100-30(B) [1] and 100-31 for permission to use the existing dwelling
for two-family use, second-dwelling unit having less than the
required 850 square feet of living area, at 59670 C.R. 48, Greenport,
Page 3 - Legal Notice of Regular Meeting and Public Hearings
Southold Town Board of Appeals
Mas 27, 1983 Regular Meeting
more particularly identified as County Tax Map No. 1000-44-4-5.
8:40 p.m. Application of JACK LEVIN, North Road, Greenport, NY,
for a Special Exception to the Zoning Ordinance, Article III, Sec-
tion 100-30(B) [1] for permission to convert existing dwelling into
two-family dwelling use on a minimum two-acre parcel located at
the south side of C.R. 48, Greenport, NY; more particularly identi-
fied as County Tax Map Parcel No. 1000-44-4-5.
9:00 p.m. Recessed Hearing: DOROTHY REISE (Owner) and RIAL
REALTY CORP. (Contract Vendee) by Rudolph H. Bruer, Esq. Tennis
court and garage on a vacant parcel. East Hyatt Road, Southold, NY.
Any persons desiring to be heard concerning the above matters
should appear at the times and place above noted. If ~dditional
information is needed, please contact Linda Kowalski, Secretary of
the Board of Appeals, at 765-1809 (or 765-1802).
DATED: April 27, 1983.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
Instructions to newspapers:
Please publish once, to wit, Thursday, May 12, 1983 and forward
one affidavit of publication to: Board of Appeals, Main Road,
Southold, NY 11971.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To ~.~. ~.:.~....-d.'.. h~ .~7~.. ......
PLEASE TAKE NOTICE that your application dated ..... ~x~...../..~. ...... , 19~:~..
for permit to construct .... ~.~-~..~.. ~"~C ~.X'.~.. ~7../.d'~57,~... ~:"~'..'~.c../ ..... ~ ..... at
Location of Property ~t~s~-fffo..~...~....2~.'~.~..~..:....~... '. ......... ,~5'-/(4~. ~/..~7~d/.~..'
Street Ham/et
County Tax Map No. 1000 Section .... '/'/- 7 ..... Block .... O.~. ..... Lot . .(~..~..Cd..' .....
Subdivision ................. Filed Map No. - Lot No...-: .... .". ........
is returned herewith and disapproved on the following grounds ('.~.~.~..~...
.... ....
..... ~U:. ........... ~'~
TOWN OF SOUTHOLD, NEW YORK
APPJ~A_/_F_ROM DECISION OF BUILDING INSPECTOR
WAR
TowII {~dlI~NiNG BOARD OF APPEALS, TOWN O,F SOUTHOLD, N. Y.
APPEAL NO}
DATE .......
Name of Appetla.nt Street an~J Number
Municipality
........ ...~... ............. HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO.~L).I.~..../.L...~:,7~i~II~Qc~ DATED ...;~ilr~}',..[A~...'l,9.~,5 ................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
Street and Number Municipality State
() PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ..~..~..~hil~...;>.~ ...................... ~,o,~i~erz~i~. ......................
Street Use District on Zoning Map
t.. Z ........... ...09... ................ .................................
Mop No. Lot 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.)
3. TYPE OF APPEAL Appeal is made herewith for
ti ) 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
of the Building Inspector o¥ with respect to this property.
Such cppeal 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
~'o~a z~l (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties[c~.~'nile~:eS;. ~
sary HARDSHIP because I;~ ~o ~ ~o~ ~ L ~o~d ~ ~a~e to co~t~
~h~ t~ck ~'h~ch ~ de~ to
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. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because '~'-*]'~ pz'~ll:~l~l:y Ott ray t~'tb.
(2) to t~ eMt a~ I00' 1ora a~ most lots in t~ area do
~ith exiati~ ~ni~ o~inanca ~ t~y a~ not ~,000 ft.
STATE OF NEW YORK ) ~
) ss : .?
COUNTY OF SUFFOLK )
Sworn to this ................. .~ .~...D. ..................... day of...~4,~Q~ ........................................... 19 83
Notary Publ~/~/
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
Town of Southold
Board of Appeals
July 21, 1983
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
Annette Golden Carnes
Richard E. Sullivan
John Grigonis
Henry Pierce
John & Janet Flowers
3051
3107
3116
3123
3128
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 SOUTHOLD, L.I., N.Y. 11g?l
TELEPHONE (516) 765-1809
Pursuant to Article XII/ of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
×x Variance from the Zoning Code, Article III , Section I00-3I
~ Variance from Determination of Southold Town
Building Inspector
__ Special Exception, Article , Section
__ Special Permit
Appeal No.: 3107
Location of Affected Land:
County Tax Map Item No.:
Within 500 feet of:
Applicant:
RICHARD E. SULLIVAN
440 Third Street, New Suffolk
1000-II7-09-020
__ Town or Village Boundary Line
__ Body of Water (Bay, Sound or Estuary)
__ State or County Road, Parkway, Highway,
Boundary of Existing or Proposed County,
Owned Land
__ Boundary of Existing or Proposed County,
or Other Recreation Area
Gre~t Peconic B~y
Thruway
State or Federally-
State or Federal Park
__Existing or Proposed Right-of-Way of Any Stream or Drainage
Channel Owned by the County or for Which The County Has Estab-
lished Channel Lines,
or ~ Within One Mile of a Nuclear Power Plant
__Within One Mile of An Airport.
vas granted
COMMENTS: Applicant ~x~~g permission to construct deck
which will exceed the maximum lot coverage of existing and proposed
structures.
Copies of Town file and related documents enclosed herewith for your
review.
Dated: July ,~, I983 ~~d~. ~~
Temp. S of Appeals
Southold Town Board of Appeals
MAIN RDAD - STATE RI'lAD 25 5rJUTI-IC]LD, I__.1., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKi
June 28, 1983
Mr. Richard Sullivan
440 Third Street
New Suffolk, NY 11956
Re: Appeal No. 3107
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and deter-
mination recently rendered and filed this date with the Office of
the Town Clerk concerning your application.
In the event your application has been approved, please be sure
to return to the Building Department for approval of any new construc-
tion in writing, or for other documents as may Re applicable.
If you have any.questions, please do not hesitate to call either
our office (765-1809) or that of the building inspector (765-1802).
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copy of Decision to
Building Department
Mr. David HortOn
By Linda F. Kowalski
Secretary
POL. A DH,DC
0
N
o
RICNARD 'F, SULLI VAJ',~'
. 1TO~,~f,N OF ~I;~[OLD, I;LY ~
. T ' J ! ' · ;
;~5 SURVEYED ~.~.
VAN TUYL, P.C,
POLA $ Fl OCI(
10230
9
N
J AC I~ 5.4) ~
~UFF'OLI,~ COUNTY TA~ IVt~P
tC~ePert, NY, for a Variance
Zoning Ordinance,. ~'~'0msio(nA~c~cB/a/e~ ' ~ae~r°nic'' NY; Cunnty Tax Map Hnaring:DOROTHYREiSE
Ar~rcle III, Sections 100-23 and d_.we, lhng in "t~s UB.Light ~ 8:25 p m Annlication *~f (Owner) and RIAL REALTY
100-32 for permission to re- '
locate accessory structure in nusmess.District at 860 Main JOHN ' ~NI~- JANE*~ 'CORP. (Contract Veadea) by
the front/side yard areas at ' i Bayview Road, Southold, NY; ~ FLOWERS, 400 Conklln Road, Rudolph H. Bruer, Esq.
Term!. court and garage on a
County Tax Map Parcel No.~ ' Mattituck, NY for a Variance vacant parcel. East Hyatt
Heathulie Avenue, Fishers 1000-70-7-16.2. to the Zoning Ordinance, Road, southold, NY.
Island, NY; Minor Subdivisiea 7:55 p.m. Application of ArUcle III, Soctibn 100-32 for
Map of Smith*Hitiiard #155, ~
ALFRED AND ZINA HULL, · Permission to construct
Lot 3; more particularly . Any. persons desiring to be
known as County Tax Map No. 333 Pearl Street, New York, garage in the frnntyard area, nauru concerning the above
7:35 p.m Application for ' ' ~ - ~ ^~ Article XI, : Mattituck, NY; Garden * times and place above noted.
HILDEGARD MORAND, by ' oecllon lou-llDE for ' Heights Subdivision Map 577, If additional information is
Irving L. Price, Esq, 828 * p~..rmissio~ to .rec.o.?truct and Lots 24 and 25; County Tax needed, please contact IAnda
Front Street, Greanpo~'~, NY ' alter existing building which Map Parcel No~ 1000.139-04- Kowalski, Secretary of the
for a Variance to the Zoning would excced 50% of the fair ~* 0~6. (or 765-18~).
Ore.ncc, ~rticie III, S~.on r"~ainso~"~?~c~, ~ 0:20 p.m. Application ~ Bear~ uf Ap~. at 7~-1~
100-34 for nermission to q.u. 1] g a. variance to ~ RICHARD E. SULLIVAN b~t ~DATED:Apri127,1983.
· construct addison, attaching ' ?n,t,m,.ueorre..mstatoa...~se~c,~,,,d. ~ _David S. Horton, Kouros BYORDEROF
~ nonconforminoaccessor,, uwmimg unit in tnla A- Road New
· ' * ~* R ' . ,, . . - ., Suffolk, NY for a BOARD OF APPF_,ALS
structure, leaving an ~esid.ea. Ual District_rat 3630 ').~/arlance to the Zoni THE SOUTHOLD TOWN
~ ~ insufficient sideyard setback * oounavtew Avenue, Pt*conic, ( Ordinance, Article III SocUea ~,, GERARD p. GOEHRINGER
~ ,, ~ns ap~nci~l strnct~e*, at ~;~ MaP Parcel t 100-~I. Bulk Schedule, ~er t C~I~
~. 935 Old Shipyard Lane, · ~. ~' - ' · ' I P?missiun to construct deck [ 1TM12-4247 '
' a'05 p.m Application of which will excecd~i~I
'* County Tax Ma Parcel INC, ' Youngs Avenue existin
P No. Sou . g and ropnse
100o~1. thoid, NY, for a va.un~, I~ ~ct~ at--~L o
_.~.40 p.m. Application uf ~o~t~e~ ~Z,o~g..Or~.~.~...~ . ~ewsoUolk, ~Y; CountyTax
WILHELM & SILKE ....... , o,=C~lOn ~w-~x~]: ~_MapNo. 1000-117-09-020. ~.
FRANKEN. 75 Carroll Street, for permiss,i,on to erect fence s:~o p.m. ~ppaca-tlon of
~~ ,~af m! Direct, exc~_ed, ing 4 in height along JACK LEVIN, 59670 C.R. 48,
~i~t~s ~ardarea.of t. he.s~reenportrNY, for a Variance ~.~
~rticie III, Section 100-31 ; ~ ¥ more particularly . to-the Zonin Or '
Bulk Schedule, for permission Avenue ·
~toco.nstru. c.t.n, ew dwelling with .... ,~So.u~?!_d, NY, County 30(B)[I] and 100-31 r
an Insufficient frontvard -,*x map ~o. I000-63-02-030. L permission t~ u~.~ m, o,,o,,f°-
~ ~' setback at Osprey Nest ~d 8:10 p.m. Application of dwellin~ fo~.-t~-Z'LY;~'mg
~ ~ =CleavesPomtSecUon! Mana~;~ E RYPIERCE, 2615Wells second-dwel' gllrtlthu**i **
.._.._~_r*GALNOTICE 15, at Grecnport; County Tax ~ ~Va.r.~ance t.o.. t.he Zomng~squnre feet of tivin a ~)'~?*~ - ~-~-
~Nw~OT~ICE IS ~HEREBY ~ Map Parcel No 1000-35-6-22 ~*rmn.ance Arucle 100-32 for 59670C R 48 '~-~--~- ,rea, at
---.*,,w, pursuant to Section ' 23,24. ' aPermission to construct particularly de~ii~i;~n°~se
· ~7~ov°~sitho~sT~the]~ and,th~. ~. .7_:45 p.m. Application o~ ~l~eC~roS~ntrya~t°r.a~ge b~ldingin: County Tax Map No
:..~ menned .' BURKE E. LIBURT 1420 nusmeyarnareaat 5.
.~-'noeof the Town ofSouthald ~ KingStrcet Orient ~rv ~.- 2615 Wells Road Pecenic NY. 8'4 ·
~.~_,, g. - _.eating and the .. Variance to the Zoni-,* County Tax Map Parcel No JACK LEVlm-
C Hearings wi]] Ordinance . 1000-086-02-1 2 ,
be hel~n~v~ the So,,,~,^~,a ,~_ ,. ...... , Article III, Section 8' ~ ........ Green .p..o. rt, NY, for a Special~
Board ,,~ ,~--,,,~_,,,,,~·,v.wn~~uu-oz ior permission to ,,..~.x.m._-~PP.l?arion tot Exception to the Zo * n '-
c~.,~. ,~,-_,-,r, pea,s ar the - construct accessory horse non~,~T T. KROEPEL, Ordinance ArUcl- --, o~-°-n.~.n°
~,,,,~,o,m !'own Hall, Main barn in the sidevard~-,~ -* D.D.S. by Rudolph H Bruer 100-'~r;~ ~-- ~ ~ o~c. uon
~,~?tho. i.d, New York, on 1~ r~ s~ect; ~r~e~L~: Esq., Main Road, Southaidl co.;'~t"~t,.~?lo.n.to
..... ~, mAY 27, 1983 . County Tax Map Parcel No'. NY for a Variance to the t~.o-family dw~l~'gC~g~
commencing at 7:30 p.m. and, ~ 1000-026-02.040.
as follows:
- 7:50 p.m. Application of
7:30 p.m. Application f~r. ~- JOHN GRIGONIS, Main Bay-
REV. WILLIAM
view Road, Southold, NY, for
HILLIARD, by Irving L.' a Variance to the Zoning
Price, Esq., 828 Front Street, Ordinance, Article VI, Section ·
Zoning Ordinance, Article III,
SocUon 100-31 for approval of
two prope~ed parcels having
approximately 37,069 square
feet in area and 120.85 feet of
road frontage, at the north
side of IndianNeck Lane,
mlmmum two-acre parcel
located at the south side of
C.R. 48, Greenpert, NY; more
particularly identified as
County Tax Map Parcel No
100~ ~.~. ~= 5' - .
9:00 p.m. Recessed
STATE OF NEWYORK )
)SS:
COUNTY OF SUFFOLK )
....... ~.c~m..M.._..Gu=.r.~.~.aD.= ................. of Greenport, in said County,
says he/she is a representative of THE SUFFOLK TIMES, a weekly
newspaper, published at Greenport, in the Town of Southold, County
of Suffolk, State of New York, and annexed is a printed copy that has
been regularly published in said newspaper once in each week
for.....Q.q.~. ........ week(s) successively, commencing the.....~,~,d;.hday
~hi- 12 th
Sworn to before me _ = ...........................................
HELEN K. DE VO£
NOIARY PUBLIC. State of New Y0;k
No 4707878. Suffolk County
Term Exmres March 30, lg~ff'*
N.Y. 10038, for a Variance to
the Zoning Ordinance, ,~l~cle
Xl, Section 100-118E t~er-
mission to reconstruct and
alter existing building which
would exceed 50% of the fair
market value of this structure,
requiring a variance to con-
tinue or reinstate a second-
dwelling unit in this "A-
Residential" District, at 3630
Soundview Avenue, Peconi¢,
N.Y.; County Tax Map Parce~
No. 1000-68-04-004.
8:05 p.m. Application of
SOUTHOLD LUMBER CO.,
INC., ¥oungs Avenue, South-
old, N.Y., for a Variance to th6
Zoning Ordinance, Article XI,
Section 100-119B for permis-
sion to erect fence exceeding
4' in height along the front-
yard area of these premises
more particularly known as
675 Boissean Avenue, South-
old, N.Y.; County Tax Map
Fo. 1000-63-02-030.1. : ,
HENRY PIERCE, 2615 Wells
Road, Peconic, N.Y. for
Variance tO the Zoning Ordin-
ance, Article 100-32 for per-
mission to construct accessoty~f~
storage building in the front
and side yard area at 2615
Wells Road, Peconic, N.Y.;
County Tax Map P~arcel
1000-086-02-1.2. '.~. :~
8:15 p.m. Appli~ati0n for
ROBERT T. KROEPEL,
D.D.S. b~ Rudolph H. Bruer,
Esq., Main Road, Southold,.
N.Y. for a Variance to the
Zoning Ordinance, Article
Section 100-J1 for approval of
two proposed parcels having
approximately 37,069 square
feet in area and 120.85 feet of
road frontage, at the north
side of Indian Neck Lane,
Peconic, N.Y.; County Tax
Map Parcel No. 1000-86.6-16.
8:25 p.m. Application
JOHN AND JANET FLOW.
ERS, 400 Conklin Road, Mat-ti-
tuck, N.Y. for a Variance to the
Zoning Ordinance, Article llI,
Section 100-32 for permission
to construct garage in the
frontyard area, at 400 Con,in
Road, Mattituck, N.Y.; Gar.
den Heights Subdivision Map
577, lots 24 and 25; County
Tax Map Parcel No. 1000-139-
~APPlication for
\ _ o on, Ko.ro's
) ?.oa?, New . olk, for a
~ Variance .to~ the Zoning Ordin-
ance, Article HI, Section 100-
3.1, Bulk Schedule, for permis~
si.o.. to =o struct deck which
will exceed_the maximum lot
coverage of existing and pro-
posed structures, at 440 Third
Street, New Suffolk, N.Y.;
County Tax Map No. 1~-~_~
8:35 p.m. Application of
JACK LEVIN, 59670 C.R. 48,
Greenport, N.Y., for a Var-
iance to the Zoning Ordinance
Article Ill, Sections 100-30(B)
[1] and 100-31 for permission
to usc the existing dwelling for
two-family use, second-dwell.
ing unit having less than the
required 850 square feet of
living area, at 59670 C.R. 48,
C, reenpert, more pm'ticularly
identified as County Tax Mal~
No. 1000-44-4-5. i (~ t
8:40 p.m. Application of
JACK LEVlN, North Road,
?eenpor~ N.Y., for a Specla
Copies to the following on or about Wednesday, May 11, 1983:
Personal Delivery:
L.I. Traveler-Watchman 5/10/83
Suffolk Times 5/10/83
Supervisor's Office
Town Clerk Bulletin Board
Chairman, ZBA & members
Town Board members
Vic Lessard
Building Inspectors
By Mail
Irving L. Price, Jr., Esq. for
Rev. Wm. J. Hilliard
Hildegard Morand
Mr. and Mrs. Wilhelm Franken and Mr. John Geidemann
Mr. and Mrs. Burke E. Liburt
Mr. John Grigonis
Mr. and Mrs. Alfred Hull
Southold Lumber Co., Inc.
Mr. Henry Pierce and Mr. John Geidemann
Mr. and Mrs. John Flowers
Mr. Richard E. Sullivan
Mr. David S. Horton
Mr. Jack Levin
Rudolph H. Bruer, Esq. for
Robert T. Kroepel, D.D.S.
Dorothy Reise/Rial Realty Corp.
JUDITH T TERRY
TOWN ('LI. RK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
March 30, 1983
To: Southold Town Zoning Board o£ Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3107 application of Richard E. Sullivan
for a variance. Also included is notification to adjacent property owners;
Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands
Land-Use; Notice of Disapproval from the Building Department; and survey.
~/Judith T. Terry ff
Southold Town Clerkv
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF. SOUTHOLD, N. Y.
APPEAL NO.~,,._~/O '7
DATE...~/..~....~../...~.....
1, (We)...'JLch. a~.r,; ......... au, L].a.v.a~ ................. of ('/~..q...x~h,%rc....,,.t ..................................
Name of Appella,nt Street and Number
Municipality
..... :.'.,..~, .............. HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. 1.,2.,0.~..7..,.;~....~.~.e..,n.F!::~.~DATED ....¥;P,-:,C,c..h.,..~..z.t~....~..~.3. .................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(×)
.......... ~ ,~v. ir.!...;3.,.. I{o~.~: aa ....................................
Name of Applicant for permit
of
......... .~o ~.~oa...?,Q ................... i:~e.~,~.. ~u f.~2 o.lk ...................... l:. ,. Z'. .......................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
~e??mit to Construct
]. LOCATION OF THE PROPERTY ...4AO...2~air. d...G.~ ...................... 3.~±~,n.~ial .....................
Street Use District on Zoning Map
1.],7 ............ .Q9 ................. .0,2.0. ................................
Map No. Lot 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 3 3action ~00-31 ~ullc ~chedut~
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 Seq. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) h~s not~been made with respect to this decision
of the Building Inspector oF 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)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
Foden ZB! (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because ~que to the lot size i would be unable to co~
the Deck ~,~hich I dec,ire to ou~.L~.
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 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because ;i~e prpperty on t~y north line is
a 52' lot with structures exceeding the zoning ordinance~ the properties
~2) to the east ar~ lO0' lots a;:¥i most lots in the area do not conform
with existing zoning ordinance as they are not 40,000 ft.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
Sworn to this ................ ,,2.:3..t..d. ..................... day of ......... ..~...R..G.[~ ..................................... 19 83
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
to the Board of Am~eals of the ~Town of Southotd :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th~he intention of the undersigned to petition the Board of Appeals of the Town of $outhold
to request aL~!Variance~(Special Exception) (Special Permit) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 440 Th~r] R~ m~d ~hm nn~n~_~ of Jam~mnn Ave New Suffnlk: N.Y.
3. That the property which is the subject of such Petition is located in the following zoning district:
P--~ s i~ er.t ia!
4. That by such Petition, the undersigned will request the following relief:
5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under-
signed are Article 5 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. (516) 765-1809.
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.
Dated
Richard E. Sullivan
Petitioner
Post Office Address
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
}frs. Anne kolashock ~Box 86 New Suffolk, N.Y.
11956
NR. & ],irs. ~rnest ~esioso 2nd. St. New g~uffolk, N.Y. 11956
10024
STATE OF NEW YORK)
COUNTY OFSUFFOLK)
SS.:
of' ~-,~ ~ ~ L
verse side h~reof, directed to each of the~ove-named persons at the addresses set opposite thor r~pective
name; that the addresses set opposite the names of said persons are the addresses of said persons as shown
the current~sment roll of the Town of Southold; that said Notic~ere mailed a~h~ited Stat~ Post
rice at ~'~ ,~ ~ ~/ ,~/~/.~ ~., <~ ; that said ~ said persons by
(certified) (registered)
Sworn to~re me thi~
dayof ~ ~ ,19~
No~ry Public /
cLIZASEIH ANN NEVILLE
iOTARY PUBLIC, State 0{ New Yo~k
No. 52-8125850. Suffo" ~
Term Ex~es March 30,
o
o
c~.
o
o
o
o
0
.~ ' ][~STRUCT'~O,'~S:
S,~iO~F EHVi?.OP~h~[~HTAL ASSESS!,tEhl
~ order to answer the questions in this short EAF it is assume(
that the preparer ~',ill use currently available information concerning the
project end tho likely impacts of the octio'n. It is not expected that
additional studies, research or other investigations will be undertake0.
(b) IF any question has been answered Yes the p~ojec¢ may be
significant and o completed Environmental Assessment Form is necessary.
(c) IF all questions have been answered No it is iikely that (his
ct
is not 5ignificon%. -.
pr°jo(d) Environmental As~essrnen' '
~. WiLL project result in o la,ge physical change "
to the project site or physically alter more
than 10 acres of land? .................... Yes,~/No
2. ¥t$1i there be o major change to any uniqu; ;~
-unusual land form found on the sitS? ........ Yes,~N0
3. Y/ill pro~ect alte~ o~ hove a large' effect ~n '
existing body of ~ater? ..................... Y~N~,
4.. ¥1ill projec~ hove a polentially large impact ~
on groundwater quoli~y? ...................... Yes
5. YJill project significantly effect drainage
fl dj ~ i~ ? Yes,~ No
6. ¥/ill pro3ec¢ afFec~ any ~hrea~ened or
endangered plan~ or ?nimal species? .... Yes
on air quality? .............................. Yes,No
8. ¥/ill pro3ec¢ have a major effec~ on visual
character o~ the community or scenic views or
visios known fo:be imporiont fo fhe communifyg. Yes'No
~. %'1ill projecf adversely fmpocf any sire or .,
sfrucfure o~ hisforic, prehistoric or
poleonfological imporionce or any sire
designofed os a critical environmenfol oreo
by 1 1 y? ............. Y
10. ¥/ill projecf have a major elf ecl on exisfing
or fufure recreational opporfunifies? ......... Yes,No
11. ¥/ill projec% result in .major fro~fic problems
aL cause o major elf ecl to exisfing
Yes
12. ¥1ill projecf .regularly cause o
odors, noise, glare, vibrofion, or electrical
disfurbonce os o resuli of fhe projecf's
operoflon? '. Yes ~No'
13. YJilt projecf have any impocf on public healfh
or.safe fy? .................................... Yes'No
14. ¥1ill p~ojec[ o~fect fhe existing communify
dircctly causing o growlh in permonenf
populofion of more than 5 perccgf over o one
year pcrlod or hove o major negofive elf ecl
on the charocfcr o[ the community or
neighborhood? ................................. Yes ~No
15. is ihcre public con[roversy concerning fhe
project? ..................................... ~es~No
PREPARER'S S]GHATURE
REPRESEIIT lNG I ~1~ DATE
To: Southold Town Board of Appeals '.
~lain Road
Southold, NY 11971
Re:
Appeal Application of
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property id the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetiands;
hc~ever, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May b'e 'located within 300 f~e== = of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) ~ '
~epalrs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
not
[ ]
May be located within 300 feet of tidal wetlands;
~and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items'(*) indicate your property does
appear to fall within the jurisdiction of the N.Y.S. D.E.C.]
(S~gna~r~olease)
NOTE: If proposed project falls wit~kin D.E.C. jurisdiction,
approval must be received an~ submitted to our office before
your application can be scheduled for a public hearing.
pECON(C
GREAT
BAY