HomeMy WebLinkAbout3062 ~O- #3~62 .......
R.O.W. North Side Main Rd., OJient~l/13/83
rights,of-way.
13-2-4
7/8/85 #3381 Permissi.on to construct a accy.
building in front yard. ~,~ ~s ~~/~S~
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD ~S SOUTHOLD, L.I., N.Y. 11g'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3062
Application Dated December 13,
TO: J. Hayes Kavanagh, Esq.
Attorney for OTTO ZAPF
666 Fifth Avenue
New York, NY 10103
1982 (Public Hearing held
1/13/83)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on February 4¢ 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
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[X] Request for Alternative Access Route per 280-a Town Law
The public hearing on this request for alternative access was held on
January 13, 1983.
Upon application of OTTO ZAPF, by J. Hayes Kavanagh as attorney,
666 Fifth Avenue, New York, NY 10103 for a Variance for approval of alter-
native access over rights-of-way located off the North Side of Main Road,
Orient, NY, over lands now or formerly of Kyrkostas and Demarest. Location
of Parcel in Question: R-O-W off the North Side of Main Road, Orient, NY;
County Tax Map Parcel ID No. 1000-13-2-4.
The board made the following findings and determination:
This is an application for permission to use part of an alterna-
tive right-of-way adjoining the legal right-of-way to the premises in
question along the easterly boundary for a distance of approximately
1200 feet. The original approval of access was given a conditional
approval by this board on October 30, 1982 under Appeal No. 3043 to
Mr. and Mrs. Gus Kyrkostas, predecessors in title, and was filed with
the Town Clerk's Office on November 4, 1982. As shown on plan dated
November 1982 and filed with this application, access to the premises
commences at a point on the northerly side of Main Road (running along
the easterly boundary of a 2.232 acre parcel now or formerly of Kyrkos-
tas) running northerly 424.08 feet, a width of 15 feet, thence running
northeasterly and northerly 1597.22 feet, thence running northwesterly
and northerly 50.09 feet to the driveway area of the parcel in question.
It is noted for the record that this is an alternative choice
of access for the owner of the parcel in question, and in the event
the owner does not choose this alternative access, then the prior
decision of this board filed November 4, 1983 shall be adhered. It
is also noted for the record that similar improvements are required
for this alternative route as that required for the original access.
In considering this appeal, the board determines that the variance
request is not substantial in relation to the requirements of the zoning
code; that the circumstances 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 for appellant
other than a variance; that the relief requested will be in harmony
with and promote the general purposes of zoning; and in view of the
(CONTINUED ON PAGE TWO)
DATED: February 28, 1983.
Form &B4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page~2'- Appeal No.' 3062
Matter of OTTO ZAPF
Decision R'endered February 4, 1983
manner in which the difficulty arose and in consideration of all the
above factors, the interest of justice will be served by allowing the
variance as indicated below.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was ~
RESOLVED, that Appeal No. 3062, application for OTTO ZAPF for
approval of an alternative access route, BE AND HEREBY IS APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That this access road running along the easterly side of
premises now or formerly of Kyrkostas a length of 424.08 feet (from
the northerly side of Main Road), shall:
(a) be improved and cleared a minimum width of 15 feet
[except that the stone wall existing near this right-of-way shall
not be disturbed]; and
(b) be improved with a minimum of 4" of stone blend to
a width of 15 feet.
2. That the remainder of this alternative right-of-way, which
is a length of approximately 1597.22 feet and 50.08 feet, shall have
a clear and unobstructed with of 15 feet and shall
(a) be improved with 2" of three-quarter-inch stone blend
and properly leveled.
3. Where the terrain of the land over which such access road
is to be traversed is such that drainage problems may occur in the
future, the applicant (or subsequent owners) shall be required to
construct such drainage facilities as may be recommended by the town
(road engineer).
4. Ail work required as hereinbefore set forth shall be performed
under the supervision of the town (road) engineer, and no certificate
of occupancy for vacant land or structures shall be issued until these
requirements have been complied with.
5. That this approval of alternative access is subject to
approval by the owner of the alternative access (now of H. Demarest)
giving his written consent therefor.
6. That the Board of Appeals may make any reasonable exception
as in its judgment it deems appropriate under the circumstances con-
cerning the improvements of this right-of-way.
7. That in the event this right-of-way is to service more than
one residence, then this entire right-of-way must be brought up to
the specifications adopted by this board on March 22, 1979.
Location of Parcel in Question: County Tax Map District 1000,
Section 013, Block 02, Lot 004, containing 3.136 acres, at Orient, NY.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was unanimously adopted.
FILED WITH TOWN CLERK'S
OFFICE MARCH 1, 1983 (p.m.)
~nmn Bo~ o!
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Provisions of the Amended Code of the Town of Southold, a
Regular Meeting and the following Public Hearings will be held by
the Southold Town Board of Appeals at the Town Hall, Main Road,
Southold, New York on THURSDAY, JANUARY 13, 1983 commencing a%
7:15 p.m. and as follows:
7:15 p.m. Application of MR. AND MRS. EDWARD PRESSLER, by
Environment East Inc. as agent, 3075 Indian Neck Lane, Peconic, NY
for a Variance to the Zoning Ordinance, Article III, Section 100-31
for permission to construct residential addition with reduction in
frontyard setback, at 110 Grove Drive, Southold, NY; Reydon Shores
Filed Map No. 631, Lots No. 4 and 5; County Tax Map Parcel ID
No. 1000-080-04-024.
7:20 p.m. Application of ANITA M. SAMUELS, Box 89B, Haywaters
Road, Cutchogue, NY for Variances: (1) to the Zoning Ordinance,
Article III, Section 100-30(A) [1] for permission to construct
inground pool on a vacant lot; (2) to New York Town Law, Section
280-a for approval of access. Location of Property: South Side
of Haywaters Road (a/k/a 155 Fisherman's Beach Road), Cutchogue, NY;
Lot No. 2, Map of Peconic Bay Properties, Inc., Filed Map No. 786;
County Tax Map Parcel ID No. 1000-111-1-41.
//~:25 p.m. Application of OTTO ZAPF, by J. Hayes Kavanagh as
attorney, 666 Fifth Avenue, New York, NY 10103, for a Variance for
lapproval of alternative access over rights-of-way located off the
North Side of Main Road, Orient, NY over lands now or formerly of
Kyrkostas and Demarest. Location of Parcel in Question: R-O-W off
the North Side of Main Road, Orient, NY; County Tax Map Parcel ID
No. 1000-13-2-4.
7:30 p.m. Application for CATHY VOLINSKI, by Robert Ketcham,
Box 295, East Marion, NY for a Variance to the Zoning Ordinance,
Article VII, Section 100-70(C) [1] for permission to place wall sign
on existing building at 27980 Main Road, Cutchogue, NY; County Tax
Map Parcel ID No. 1000-102-86-part of 006. Zoning District: B-1.
-over-
Page 2
Legal Notice of Hearings for January 13, 1983 Meeting
Southold Town Board of Appeals
7:35 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive,
Mattituck, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31 for permission to construct enclosed pool and de~k
~reas, which will 'exceed the maxmimum permitted 20'% ~io~ coverage
requirement of the zoning code. Location of Property: 75 Woodcliff
Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028.
7:45 p.m. Application for SAL CAIOLA, by David E. Kapell as
agent, 143 Sixth Street, Greenport, NY for a Special Exception to
the Zoning Ordinance, Article V, Section 100-50(B) [3] and Article VI,
Section 100-51, Bulk Schedule, for permission to construct condominium
units (multiple dwelling units) to be located at the South Side of
C.R. 48, Southold, NY; County Tax Map Parcel ID No. 1000-51-5-2.
Zoning District: M-1.
Ail persons wishing to be heard on the above applications shall
appear at the time and place above specified.
Dated: December 29, 1982.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
(by Linda Kowalski)
Instructions to newspapers:
Please publish once, to wit: Thursday,
one affidavit of publication to: Board
NY 11971, on or before January llth.
January 6, 1983, and forward
of Appeals, Main Road, Southold,
Copies have been mailed to the following on 12/30/82:
L.I. Traveler-Watchman, Inc.
Suffolk Times, Inc. (hand delivery 12/30/82)
Environment East Inc., for Mr. and Mrs. Edward Pressler
Dr. and Mrs. Thomas Samuels
J. Hayes Kavanagh, Esq. for Otto Zapf
Mr. Robert Ketcham, for Cathy Volinski
Mrs. ~ynthia Kaminsky
Mr. David E. Kapell for Sal Caiola
Copies also distributed to the following 12/30/82:
Supervisor and Members of the Town Board
Town Clerk Bulletin Board
Building Department (Mr. Lessard)
ZBA Members
RECEIVED
TOWN OF SOUTHOLD, NEW YORK
'~CATION F. OR MODIFICATION OF
DECISION ON APPEAL NO. 3043
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO.~,','~d~)~ ~-
DATE . ..~./'. ~.. ,~./~.~q,--
I, (~e)..O..C..t..o....Z..a.?.~. ............................................. of .D~,l~.~.h.,1.w.¢g,..:~.:~.~. ............................................
Nr,ne of Appellant Street and Number
................................ HEREBY APPEAL TO
Municipality State
FOR MODIFICATION OF ITS DECISION ON THE APPEAL
THE ZONING BOARD OF APPEALS ~]~IRY. J~.]eR~iQ~~:~:][R-~
FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...S..e.p..t..e..m..b..e.~...2..9.:....]:.9..8..2. ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(X)
( )
Nome of Applicant for permit
of
30-03 72nd Street Jackson Heights, New York 11372
..... ........................ .................... .......................
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY MBjn Rgad, qrient Tax Map District 1000
Street Use District on Zoning Mop
1000-13-2-4
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
( ) 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) (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, 30.43 ........................Doted ...9./..2..9./..8.~...(~-P.p. li.c..a, tion).....tl/.4/82...Decision)_ --- -'" ..............-...........-
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(X) Approval of Alternative Access Pursuant to Sec. 280 A (3)
is requested forthe reason that the alternative access would be over a right-of-way which
is already improved~ whereas the access which has been approved is over a
right-of-way which is unimproved.
Fmzn ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
it would require construction of an access road over an unimproved right-of-way,
most of which is parallel to and contiguous with an existing improved access
road which Applicant could obtain the right to use. The. existing ~ccees road
is 15 feet wide, whereas Applicant's right-of-way is only 10 feet wide over
that section of land which parellels the existing access road which Applicamt
seeks approval to use as access.
2. The hardship created is UNIQUE end is not shared by ali properties alike in the immediate
vicinity of this property and in this use district because
they already have approved and improved access roads or, in the case of the
property immediately west of the subject property, will have improved access
roads if subdivision is approved.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
it would permit use of an existing improved access road and eliminate the need
to construct a new access road along and immediately next to the existing
access road for a distance of approximately 1200 feet, as shown on accompanying
survey map.
JERSEY
STATE OF NEW ~
COUNTY OF MONMOUTI-I
ss .... ......... r.. ..............
~/ /Signature //
J. Hayes Kavanagh*, Attorney for'Otto Zapf
Sworn to this 8th day of December 19 ~2
Notory Public
JULIA E. HARPER
NOTARY PlJgLlC OF NEW JEI~EY
*Address:
666 Fifth Avenue
New York, New York 10103
(212) 974-8840
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR,
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
March 1, 1983
J. Hayes Kavanagh, Esq.
666 Fifth Avenue
New York, NY 10103
Re: Appeal No. 3062 - Otto Zapf
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
Mr. David Horton
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
:- - LEGAL NOTICE
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Sonthold,
a Regular Meeting and the fut.
lowing Public Hearings will be
held by the Southold Town
Board of Appeals at the Town
Hall, Main Road, Southold,
New York on THURSDAy,
.JANUARY 13, 19~3 commenc*
mg at 7:15 p.m. and as
follows:
7:15 p.m. Application of MR.
AND MRS. EDWARD
PRESSLER, by Environment
East Inc. as agent, 3075 Indian ._
Neck Lane, pecenic, NY for a.~-
Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to con-
struct res.idential additior
with reduction in frontyard
setback, at 110 Grove Drive,
Southold, NY; Reydon Shores
Filed Map No. 631, Lots No. 4
and 5; County Tax Map Parcel
ID No. 1000-080~4-024.
7:20 p.m. Application of
ANITA M. SAMUELS, Box
89B, Haywaters Road,
Cutchogue, NY for Variances:
(1) to the Zoning Ordinance,
Article III, Section 100-
30(A)[1] for permission to
construct inground pool on a
vacant lot; (2) to New York
Town Law, Section 260-a for,,
approval of access. Location
of Property: South Side of
Haywaters Road (a/k/a 155
Fisherman's Beach Road),
Cutchogue, NY; Lot No. 2,
Map of Pecunic Bay
Properties, Inc., Filed Map
No. 786; County Tax Map
!cel ID No. 1000-111-1-41. ·
25 p.m. Application of
O ZAPF, by J. Hayes
anagh as attorney, 666
Avenue, New York, NY
3, for a Variance for~
val of alternative access I
rights-of-way located off
~ ~e. North Side of Main Road,
~.Orient, NY over lands now or
Iormerly of Kyrkostas and
[D~r~arest. Location of Paree~
]in Question: R-O-W off the
] North Side of Main Road,
[ _Orient, NY; County Tax Map
~,,ffarcel ID No.
7:30 p.m. Application for
CATHY VOLINSKI, by Robert
Ketcham, Box 295, East
Marion, NY for a Variance to
the Zoning Ordinance, Article
VII, Section 100-70(C)[I] for
permission to place wall sign
on existing building at 27980
Main Road, Cutchegue, NY;
County Tax MaD Parcel ID
No. louo-102-86.part of 006.
Zoning District: B.I.
7:35 p.m. Application of
CYNTHIA KAMINsKY, 75
Woodcliff Drive, Mattituck, ~
_NY for a Variance to the,P
· ,oning Ordinance, Article III,
Section 100-31 for permission
to construct enck~md pool and
deck areas, which will exceed
the maximum permitted 20%
lot coverage requirement of
the zoning code. Location of
Property: 75 Woodcliff Drive,
Mattituck, NY; County Tax
0~.P Parcel ID No. 1000-107-07.
7:45 p.m. Application for
SAL CAIOLA. by David E.
Kapell as agent, 143 Sixth
Street, Grecnport, NY for a
Special Exception to the
Zoning Ordinance, Article V,
Section 100-B0(B)[3] and
SA~c~icl.e VI, Section 100-51, Bulk ~[
cnenule, for permission to./ I
construct condominium un/ts
(m~ultiple dweHing-units~ to be -,
COUNTY OF SUFFOLK,
STATE OF NEW YORK. ~ ss:
~l'o~f GUB~avson bein~l duly Sworn,
says that he ..... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county; and that the noti~, of which the ,-nnoxed is a p~inted
copy, has been published in t~e said Suffolk Weekly Times
once in each week, for . one weeks
successively commencing on rite ..........................
day of J.anua~v _.19
ii ...................
Swol'n
I
ot ...... '
H'iLEN K. DE VOE
NOIAR¥ PUBLIC. Sta;e of New )'otk
No 4707878. Sut)olk Cou~)ty..
Tem) Expires Ma~ch 30. l_,_,_,_,_q,~_~
located at the South Side of
._ Lp suna winhi. to he
the Town f~w and the ProvJ.
sions of the Amended Code of
the Town of Southold, a Regn-,
lar Meeting and the following
Public Hearings will be held
by the Southold Town Board of
Appeals at the Town Hall,
Mnic Road, Southold, New
York on THURSDAY, JAN-
UARY 13, 1983 commencing at
7:15 p.m. and as follows:
7:15 p.m. Application of
MR. AND MRS. EDWARD
PILF-SSt-I:R, by Environment
East Inc. a~ agent, 3075 Indian
Neck Lane, Puconic, N.Y. for
Yarinnce to the Zoning Ordin.
ance, Article HI, Section 100-.~
31 for ~t,,ission to construct
residential addition with re.
duction in fruntyard setback,
at 110 Grove l~ive, Southold,
N.Y.; Reydon Shores Filed
Map No. 631, Lots No. 4 and $;
County Tzz Map Parcel ID No.
1000.080.04-024.
7:20 p.m. Application of
ANITA M. SAMUELS, Box
89B, Haywaters Road, Cut-
chogue, N.Y. for Vaz~ances:
(1) to the Zoning Ordinance,
Article HI, Section 100-30(A)
(1) for permission to construct
inground pool on a vacant lot;
(2) to New York Town Law,
Section 280-a for approval of
access. Location of Property:
South Side of Haywaters Road.,~
(a/k/a 155 Fisherman's Beach
Road), Cntchogne, N.Y.; lot
No. 2, Map of Peconic Bay
Properties, Inc., Filed Map
No. 786; County Tax Map
~7:25el ID No. 1000-111-1-41.
p.m. Application of
O~fO ZAPF, by J. Hayes
Kavanagh as attorney, 666
Fifth Avenue, New York, N.Y.
10103, for a Variance for
approval of alternative access
over tights-of-way located off
the North Side of Main Road,
Orient, N.Y. over lands now or
formerly of Kyrkostas and
Demarest. location of Parcel
In Question: R-O-W off the
North Side of Main Road,
Orient, N.Y.; County Tax Map/
~arcel ID No. 1000-13-2-4.
7:30 p.m. Application for
CATHY VOLINSKI, by Robert
Ketcham, Box 295, East Mar-
ion, N.Y. for a Variance to the
Zoning Ordinance, Article VH,
Section 100-70 (C) (1) for
permission to place wall sign
on existing building at 27980
Main Road, Cutchogne, N.Y.;
County Tax Map Parcel ID No.
1000-102-86-part of 006. Zon-
ing District: B-I.
7:35 p.m. ~ppllcation of
CYNTHIA KAMINSKY, 75
Woodcliff Drive, Mattituck,
N.Y. for a Variance to the
Zoning Ordinance, A'rticle II1,
Section 100-31 for permission
to censtruct enclosed pool and~
deck areas, which will exceed
the maximum permitted 20%
lot coverage requirement of
the zoning code. Location of
Property: 75 Woodcllff Drive,
Mattiturk, N.Y.; County Tax
Map Parcel ID No. 1000-107-
07-028.
/:43 p,m. Application for
SAL CAIOLA, by David E.
Kapell as agent, 143 Sixth
Street, Greenpett, N.Y. for a
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being du~y 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 ....................................
day ...... .~..~ .................... 19......45.. ~
Swo~ to before me this ...................... ~. ......... day of
............ ............. ,
JUDITH T. TERRY
~[OWN CLERK
REGISFRAROI VITAL SI \IISFI('S
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
December 13, 1982
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3062 application of Otto Zapf
a variance. Also included is notificiation to adjacent property owners;
Short Environmental Assessment Form; Letter relative to N.Y.S.
Land-Use; Notice of Disapproval from t~e Building.Department;
~udith T. Terry //
Southold Town Clerk
for
Tidal Wetlands
and survey.
TOWN OF SOUTHOLD, NEW YORK
!'~A~ATION FOR MODIFICATION OF
DECISION ON APPEAL NO. 3043
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
], (~e)..0.~.o....z..a.~..~ .............................................. of .f)~lm.u.¢b~.~.cg..3.~.~ .............................................
Name of Appellcmt Street and Number
~.~....K..~..e..n....z.~..s..t..e..i..n~..F..e..d..e..r..a..~.~..R..e..p..u.~..~..~ ................................ HEREBY APPEAL TO
Municipality State
FOR MODIFICATION OF ITS DECISION ON THE APPEAL
THE ZONING BOARD OF APPEALS ~
FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...S..e.P..t..e..m..b..e..r....2..9..,...!?..8..2. ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(X)
Name of Applicant for permit
of 30-03 72nd Street Jackson Heights, New York 11372
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ..~..4n..g.~.a.A,...Q~.%~.n~. ...... %~.x...~.a.p..p.~..s.~.t..q.c....Z..0..O..0. ................
Street Use District on Zoning Map
1000-~3-2-4
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
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
(X) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
(X) request for a variance
and was mode in Appeal No. 30.4_3 ........................ Dated ...9./..2..9./..8..2....(..A.~.~.~.J:.c"a.~.~..~..n..)"...~.~..~../.~../..8..2....(.~.~cisi~n)
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(X) Approval of Alternative Access Pursuant to Sec. 280 A (3)
is requested forthe reason that the alternative access would be over a right-of-way which
is already improved, whereas the access which has been approved is over a
right-of-way which is unimproved.
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
it would require construction of an access road over an unimproved right-of-way,
most of which is parallel to and contiguous with an existing improved access
road which Applicant could obtain the right to use. The existing access road
is 15 feet wide, whereas Applicant's right-of-way is only 10 feet wide over
that section of land which parallels the existing access road which Applicant
seeks approval to use as access.
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
they already have approved and improved access roads or, in the case of the
property immediately west of the subject property, will have improved access
roads if subdivision is approved.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
it would permit use of an existing improved access road and eliminate the need
to construct a new access road along and immediately next to the existing
access road for a distance of approximately 1200 feet, as shown on accompanying
survey map.
JERSEY
STATE OF NEW ~ )
)
COUNTY OF MONMOUTH )
Sworn to this ........ ~.t..h. ................................ day of..P~.e.~.b, fl~' ...................................... 19 ~2
~'~orary ~uo~,c
$[/LIA E. HARPER
NOTARY PIJBLIC OF NEW JERSEY
My Comm~Jo~ Expires Aug. 4, 1996
*Address:
666 Fifth Avenue
New York, New York 10103
(212) 974-8840
BOARD OF APPEALS. TOWN OF SOUTNOLD
In the Matter of the Petition of :
Otto Zapf :
to the Board of Appeals of the Town of Southold :
TO:
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
torequest a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ~
Approval of alternate access (by modification of prior decision ~ranting variance
approving other access) )
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: County Tax Map Parcel 1000-13-2-4
3. That the property which is the subject of such Petition is located in the foUowing zoning district:
"A" Residential
4. That by such Petition, the undersigned will request the following relief: Approval of
alternative access over right-of-way to be acquired over property held by Demarest
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XIV Sectic~ 100-141 B
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southotd, New York and you ma), then and there
examine the same during regular office hours. (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 beheard at such hearing.Dated: December 8, 1982 ~.r/~/~/e,/~../ .~h~/' rm~~~
Per. ncr J. Ha~es Kay;nag , At torn~e~*~ \
Post Office Address
666 Fifth Avenue
New York, New York 10103
(212) 974-8840
*For Otto Zapf, purchaser pursuant to
contract with Mr. and Mrs. Gus Kyrkostas,
dated August 1982, scheduled for closing
December 15, 1982
NAME
1. Louis Demarest
2. Harrison M. Demarest, Jr. Main
3. Mrs. Harrison M. Demarest, Sr. "
4. Harold Reese, Sr. 855 SunriSe:]
5. Mr. & Mrs. Gus Kyrkostas 30-03 72nd
New York 11957
York 11957
New York 11563
New York 11372
E861 'qo~ '008£ m~o~t Sd ~
the
ficeat 4~, New Jersey 07724
(certifi~i~ (~.ile~l) mail.
Sworn to before me this 8th
day of December ,1982
Notary Public
My Comml~lo~ EXplrm Aog, 4, !~
at 78 Park Avenue
~ duly sworn, deposes and says that on the 8th day
mailed a true copy of the Notice set forth on the re-
each of the above-named persons at the addresses set opposite their respective
opposite the names of said persons are the addresses of said persons as shown on
of the Town of Southold; that said Notices were mailed at the United States'Post Of-
; that said Notices were mailed to each of said persons by~_
.~. Hayes K~avanagh d ~-
:f ][ HS TRUCT ]O,'IS:_
S~i3~ EHVI 'L ...... ~'T'~L ASS
(a) In order to ons¥/er the questions in this short EAF it is assumed
that the preparer will use. currently available information concerning the
project and fha likely impacts of the action. It is not expected that
additional studies, research or other investigations ~ill be undertaken.
(b) Ir any question has been answered Yes the project may be
significant tmd a completed Environmental Assessment Form is necessary.
(c) lr all questions have been answered No if is likely'that ibis
project is not signi£iconl. ..
(d) Environmental Assessment '
1. Wlll project result in a large physical change "
5.
6.
7.
8.
10.
11.
12.
13.
14.
15.
to the project site or physically alter more
than 10 acres of land? .................... ~..
~'/ill there be o major change ia any unique
· unusual land form found on the s£tS?.. -. -..
Will pro~ect alier or have a lqrge'effeCtron
existing body of water? .....................
Will prooect have a potentially large impact
on ground~vater.quality? .....................
~'/ill pro3ect szgniriconily effect drainage '
flow on adjacent sites? ..................... ..
%'/ill pro3ect affect any threatened or
endangered plant or animal species? ......
Will project result in o major adverse
on air quality? ............................. .
Will project have o major effect on visual
character of the community or scenic views or
vistas known to:be important to the community?..
%'/ill projeci adversely impact any site or
structure of historic, prehistoric or
paleontological impor±once or any site
designated os a critical environmental area
%'/ill project have a major effect on axis%lng
or future recreational opportunities? .........
%?ill project result in.major traffic problems
or. cause o major effect to exisiing
transportation systems? .......................
%'7ill prooect .regularly cause objectionable '
odors, noise, 91ore, vibration, or electrical
disturbance as o result of the project's
operation? ......... ' ............................
Will project have any impact on public health
or.sorely? ....................................
Wilt p~oject affect the existing community by
directly causing o growlh in permanent
population of more than 5 perccgt over o one
year period or have o major negative effect
on the character or the community or
neighborhood? .................................
Is there public controversy concerning
project? .................
J/hay~ Kav/nagh, Att6~n
Otto Zapf DAlE 12/8/82
. *666 Fifth Avenue
New York, New York 10103
(2t2) 974-8840
PREPARER ' S
REP?.ESEHT]NG
Yes, X No
Yes X No
Y.e . x No
Yes x; No
Yes x NQ
Yes x' 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
........ Yes x No
December 8, 1982
(Tcday's Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re:
Appeal Application of
Location of Property:
Otto Zapf
· Main Road. Orient
Tax Map No. 1000-13-2-4
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 io the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal-wetiands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
conditioQ and at least 100 feet in length.*
[ ] May b~ 'located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, 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.
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
~on the premises.
not
-Ix]
appear to
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items(*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
J. Ha~.es Kavanagh, Attorney for Otto Zapf
666 Fiflh Avenue
New York, New York 10103
(212) 974-8840.
,~ Fx \
CEL NO
Drawing Number
Designed
Drawn /~'/,'!
Approved
Date
Scale
¢
Revl.lons
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