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HomeMy WebLinkAbout3152 Southold Town Board of Appeals MAIN ROAD-STATE I~OAD 25 gOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3152 Application Dated June 29, 1983 TO: Mr. John Antoniou 155 East Road Mattituck, NY 11952 (Public Hearing held 7/28/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on August 17, 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-34 Request for The public hearing on this application was held on July 28, 1983. Upon application of JOHN ANTONIOU, 155 East Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for per- mission to construct deck addition with an insufficient frontyard setback, at 155 East Road, Mattituck, NY; Cpt. Kidd's Estates Map 1672, Lot 111; County Tax Map Parcel No. 1000-106-03-009. The board made the following findings and determination: By this appeal, appellant seeks approval of a 21' deep by 37.3' in width deck (which includes an existing 8' by 12' wide deck), leaving an insufficient frontyard setback from the northerly property line along East Road at approximately 22.9'. The setback of the existing one-family dwelling without the deck area is 34.9' as shown on survey dated Septem- ber 23, 1974 prepared by Young & Young. Upon investigation and inspection, it has been found that the dwelling on the east of the subject premises has a setback from the East Road northerly property line of approximately 32½ feet. The average setback of dwellings along this road is not closer than 34.2 feet. The relief requested is approximately 11.4 feet, or 31% of a variance. The board members have visited the site in question and are familiar with the land, improvements and immediate surroundings. In considering this appeal, the board determines: (1) that the variance request is not substantial in relation to the require- ments of the zoning code [31%]; (2) that the circumstances are not unique; (3) that by allowing the variance as applied, other properties may be affected; (4) that the difficulty can be obvi- ated by a method feasible other than a variance; (5) that the relief requested will not be in harmony with or promote the general purposes of zoning as applied; and (6) that the interests of jus- tice will not be served by allowing the variance as applied. On motion by Mr. Doyen, seconded by Mr. Goehringer, it was (CONTINUED ON PAGE TWO) DATED: Form ZB4 September 7, (rev. 12/81) 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3152 - JOHN ANTONIOU Decision Rendered August 17, 1983 RESOLVED, that Appeal No. 3152, application of JOHN ANTONIOU, BE AND HEREBY IS DENIED AS APPLIED FOR. Location of Property: 155 East Road, Mattituck, NY; Captain Kidd's Estates Lot 111 of Map 1672; County Tax Map Parcel No. 1000- 106-03-009. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. ~ ~ · GERARD P. GOEHRINGER~× CHAIRMAN / September 7, 1983 ·/ RECEIVED AND ~/LED BY sou o To vN oM Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, 3R. 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 Regula~ Meeting and the following Public Hearings will be held Appeals at the San~h~l~ Town by the Southold Town Zoning Board of _ Hall, Main Road, Southold, New York, on THURSDA~JULY 28, 198~ ) commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed Hearing: Appeal No. 3138 - ALFRED J. TERP. 7:35 p.m. Application of THOMAS KENNEDY, 120 Log Road, Pat- chogue, NY 11772 for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to use property for business pur- poses, to wit: Video Tape Rental and Equipment Sales, at premises located at 33260 S.R. 25 and 225 Eugene's Road, Cutchogue; Filla Minor Subdivision Map 72, Lot 1; County Tax Map Parcel No. 1000- 097-02-016.5. 7:40 p.m. Application for ORIENT-EAST MARION PARK DISTRICT, by Garrett A. Strang, 54635 Main Road, Southold, NY for a Variance to the Floodplain Management Law,.Chapter 46, Sections 46-7 and 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of main R~ad, East Marion, NY; County Tax Map Parcels No. 1000-017-05-006 and part of 007; 1000-023-2-part of 001 and 003. 7:45 p.m. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-112H for permission to develop and use parking on adjacent (leased) property identified as County Tax Map Parcel No. 1000-125-01-19.1; 1000-122-6-36. 7:50 p.m. Application of ROBERT W. GILLISPIE III, Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for approval of insufficient area, width and sideyard setbacks of building in this proposed two-lot division of property located at the northeast corner of Beckwith Avenue and Main Road, Southold, NY; County Tax Map Parcels No. 1000-061-02-005, 006, 007. Pa~e 2 - Legal Notice of Hearings Regular Meeting of July ~F, 1983 Southold Town Zoning Board of Appeals 8:00 p.m. Application for RICHARD DeMARIA, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permis- sion to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard, Southold, near Laughing Waters; County Tax Map Parcel No. 1000-087-02-006. 8:05 p.m. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to establish residential and studio use of an existing building in this "B-1 General Business" District, located along the south side of Traveler Street, Soutnold, NY; County Tax Map Parcel No. 1000-61-01-015. 8:10 p.m. Application of DAVID AND BONNIE PASCOE, 900 ~aywaters Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119B for permission to erect 6' fence which would exceed the maximum-height requirement along the front yard, at premises known as 900 Haywaters Road, Cutchogue; Nassau Point Properties Map 763, Lot 11; County Tax Map Parcel No. 1000-111-03-06. 8:15 p.m. Application for ROKE'S MARINA, INC., by A.A. Wickham, Esq., Main Road, Mattituck, NY, appealing a decision of the building inspector to vacate Order to Remedy Violation, pursuant to Article XII, Section 100-12iA. Provisions of the Zoning Ordinance Appealed: Articles I, 100-13; II, 100-23A; VIII, 100-80(B) [14] & [15]; XIV, 100-144~A) I2] (B); XI, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000- 117-5-28 & 29. 8:25 p.m. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct carport in the frontyard area, at 3825 Stars Road, East Marion, NY; County Tax Map Parcel No. 1000-022-06-026. 8:30 p.m. Application of JACK AND LEE LEFKOWITZ, (F.J. Christie, ~nd wife, owners), 25 Downing Avenue, Sea Cliff, NY 11579 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient frontyard setback, at premises located on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side of Sound Beach Drive, Mattituck, Cpt. Kidd's Estates Part of Lot 11; County Tax Map Parcel No. 1000-106-01-042.1.  8:35 p.m. Application of JOHN ANTONIOU, 155 East Road, Matti- ) , NY for a Variance the Zoning Ordinance, Article III, Section ( Page 3 - Legal Notice of Hearings R~gular Meeting of July ~f, 1983 Southold Town Zoning Board of Appeals 100-34 for permission to construct deck addition with &n insufficient frontyard setback, at 155 East Road, Mattituck, NY; Cpt. Kidd's Estates Map 1672, Lot 111; County Tax Map Parcel No. 1000-106-03-009. ~'' 8:45 p.m. Application of HENRY AND VIRGINIA STEINBRECHER, 1525 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct addition with an insufficient frontyard setback, at 1525 Haywaters Road, Cutchogue, NY; Nassau Point Subdivision, Section D, Map 806, Lot 333; County Tax Map Parcel No. 1000-111-4-12. DATED: JUNE 30, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information, please contact Linda Kowalski at the Southold Town Hall 765-1809 (or 1802). Copies to the following on or about July 11, 1983: Mr. Alfred J. Terp Mr. Thomas Kennedy Mr. Garrett A. Strang Mr. Robert W. Gillispie, III Southold Equities, Inc. - Loretta DiMaggio, President, Street, Massapequa Park, NY 11762 Mr. and Mrs. David Pascoe Ablgail A. Wickham, Esq. for Rok~'s Marina Mr. Philip Frumenti Mr. and Mrs. Jack Lefkowitz Mr. John Antoniou Mr. and Mrs. Henry Steinbrecher Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Supervisor Town Board Members Z.B.A. Members Building Department Planning Board Town Clerk Bulletin Board 390 Rose FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . ~ ~0..-...L~.~.../~7. ............... ~,, ~ . ~.../Y..~Z. ~. ~..~,..~. :~,. ...... PLEASE TAKE NOTICE that your application dated .... . .~...c~..~;~' .... ./..~. ....... 19 Pd for permit to construct...d~'c~.. ~.c~.cz/./.~./...~gA~...: ............................... at Location of Property . /.-~.-S~- ~--~--~.-~ d~..~.~., ~.c~.~.~.~..~ H;6s; do: ....................... ~;rbi .......... / County Tax Map No. 1000 Section .. ~.a~' ....... Block ...O~ ....... ~t .. ~ ~ .~ ..... ~u~iv~~...~. ~ap~o ..... ~.*.~ .... ~o,~o .... ~. ......... is returned herewith and disapproved on the follow~g ~ounds .~~ ~.. ~.. . ~.. ~ .... ~ ~.~ .~ :~..~... ~~.,~. ~. ~....~.~ Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK 'APPEAL FROM DECISION OF BUILDING INSPECTOR APPF-~,L NO. "3 DATE ....~.. ~ .(~':1, T !..~.~ 3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We ........................ o, ...................................... Name of Appella, nt Street and Number ..... .!.'~. ~'~..~..~...(' ..~'.. .................................................................. ..~...'..~.:. .......... HEREBY APPEAL TO Municipality Stdte THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............................... WHEREBY THE BUILJ~ING INSPECTOR DENIED TO ...................................... Name of Applicant for permit .........................................................st,~.~ o~d N~r '~'3'~'~;~i;~; .................... ~ ....................... () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY ~.~...~CJ~.....'~L~ .............................. I~ .................................. Street Use District on Zoning Map .................................... ............. /v~op 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. /YPE OF APPEAL Appeal is made herewith for (~,4 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal -llll~) (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 ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL JA Variance to Section 280A,Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that Poma ZB1 (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 STATE OF NEW YORK ) ss COUNTY OF ~A'a/-/(~ Signature Sworn to this <z~2~ day,of ........... ..~..."..~..../~....~.~. ............................ 19 ~?-~. ELIZABI:-I'H ANI~I NEVJJ.[£ NOTARY PUBLIC, State of New YOr~ No. 52-8125850, Suffolk Count( / Term Expires March 30, / PUBLIC V/A~'ER 1Al STR~'ET lot III N.e ooo lot 115 lot 112 . ~ lot I15 NOTE: · -' MONUMeNt SUBDIVISION ,WAP F/LED/At THE OFF/CE UNAUTHORIZED ALTERATION OR ADOITION TO THIS SURVEy IS A V~OLATION OF SECTION SURVEY FOR: THOMAS CONSTANTINE ~HARRY CONSTANTINE LOT I II"CAPTAIN KIDD ESTATES, BLOCK 8" AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK CO., N.Y. "¥ ,.~~Cf'/'~.~_ ,_~- SCALE: J" = 40' DATE: SEPT. 23,1974 NO. 74-683 GUARANTEED TO: SHOWN HEREIN ARE }'ROM FELD OBSENVAT/ONS / /~ ~,~%D W ~'0,~ JAN. 19, 1949 AS FILE ;lO. I$F2. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RnAD- STATE RrlAD 2=, E~rlUTHI~LD, L.I., N.Y. llcJ?l TELEPHONE (516) 765-1809 September 7, 1983 Mr. John Antoniou 155 East Road Mattituck, NY 11952 Re: Appeal No. 3152 Dear Sir or Madam: Attached herewith is a copy of th~ 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. Frank Polistena d/b/a American Exteriors GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kow~lski Secretary 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, Regular Meeting and ,~e PHILIP FRUMENTI, 3825 Stars Road, East Marion, N.Y. for a Variance to the Zoning Ordinance, Article 111, Section 100-32 for permission to con- struct carport in the frontyard area, at 382.5 Stars Road, East Marion, N.Y.; County Tax Map Parcel No. 1000.022-06- 026. 8:30 P.M. Application of JACK AND LEE LEFKO- WITZ, (P.J. Christie, and wife, owners), ~ Avenue, Sea Cliff, N.Y. 11579 for a Variance to the 'Zoning _O~rd._in_a_nce,.A~icle ~I~ Section 100-31 for permission to stract one-family with an insufficient frontyasd setback, at premises located on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side of Sound Beach Drive Cpt. Kidd's Estates Part of Lot 11; County Tax Map Parcel No. 1000.106-01-042.1. /~ 8:35 P.M. Application of JOHN ANTONIOU, 1SS East Road, Mattituck, N.Y. for a Variance to the Zoning'Ordin- ance, Article III, Section 100- 34 for permission to construct ~ deck addition with an insuf- · ficient frontyard setback, at · 1~5 East Road, Mattituck, N.Y.; Cpt. Kidd's Estates Map 1672, Lot 111, County Tax Map Parcel No. 1000-106-03- ~'~00~145 P.M. ApplicatiOn' of HENRY AND VIRGINIA~i STEINBRECHER, 1525 Hay- waters Road, Cutehogue, N.Y. for a Variance to tho Zoning Ordinance. Article III, Section 100-31 for permission to con- struct addition with an in- sufficient frontyard setback, at 1525 Haywaters Road, Cut- chogue, N.Y.; Nassau Point Subdivision, Section D, Map 806, Lot 333; County Tag Map Parcel No. 1000-111-4-12. DATED: JUNE 30, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CH/ 1T-7/14/83(30) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, soys 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 //'/cc. ...................... .... Swam to before me this /~/'q~ day of .......... .................. , CLEMENT j. THO~,.ffp.c Of, t~o. 52.9321725 R~iding in Suffolk County mmmn ~res March 30, 19 LEGAL NOTICE NOTICE IS GIVEN, pursuant to 267 of the Town Law ~ Provisions of the Code of the Town of ~ a Regular following be held by Zoning Board of Appeals the Southold Town Road, Southold, New York, THURSDAY. JULY ~'8, 1981 commencing at 7:30 p.m. und as follows: 7:30 p.m. ' Recesse~ Hearing: Appeal No. 3138 ALFRED J. TERP. 7:55 .p.m. Applicatioff'~ THOMAS KENNEDY, 120 Road, Patchogue, NY 1177~ for a Variance to the Zoning Ordinance, Article IH, Section 100-30(A) for permission to use property for businesl purposes, to wit: Video Tape Rental and Equipment Sales, at premises located at 33260 ~ 25 and 225 Eugene's , Cutchngue; Filla Minor Subdivision Map 72, Lot 1; County Tax Map Parcel No. 1000097-02.016.5. 7:40 p.m. Application for ORIENT-EAST MARION PARK DISTRICT. by Garrett A. Strana. 54~55 Malw 1~nnd Southo.l,~ for a Variance t5 the FI/~qain Management Law, Ch~tar 46, Sections 46-7 and 40.18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of Main - County Tax Map Pq~l~ No. 8:30 p.m. Applicauon of · JACK 'AND LEE LEFKOWITZ, (F. J. Christie, and wife, owners), 25 Downing Avenue, Sea Cliff, NY 11579 for a Variance to the Zoning Ordinance, Article III, Section Road, East Marion, NY; 100.31 for permission to County Tax Map Parcels No. consiruct one-family dwelling~ 1000-017.05~06 and part of 007; with an insufficient frontyard 1000.023-2-part of 001 and003, setback, at premises located 7:45 p~m. Application for on a private right-of-way off RVSS, Inc, (Razmataz); by .~ the ~orth side of Summit Garrett A. Strang, Main Road, Drive, which premises also Southold, NY for a Variance to fronts '/long the south side of the Zoning Ordinance, Article Sound" Beach Drive, ili Section 100.112H for .Mattitnck, Cot Kidd'sEstatns permms~on to develoo and . ,i,; Part of Lot 11; County Tax ?e p~rking on adjacent ~!,? Map Parcel No. 1000-100.01- (masco) property identified as :i' 042.1 : . County Tax Map Parcel No. :~ ~: 8:35 p.m. Application of ;JOHN ANTONIOU, 155 East 1000.125.01-19.1; 1000-122-6-36. '7:50 p.m. Application of ROBERT W. GILLISPIE !I1, Math Road, East Marion, NY for a Variance to the Zoning Ordinance, Article VII, ',: Road, Mattituck, NY for a 'Variance to the Zoning ~ '. Ordinance, Article III, Section ~ 100.34 for permission to. . construct deck addition with Section 100-71, and Bulk ~an insufficient frontyard ~ Schedule, for approval of '.~ setbacki at 155 East Road, insufficient area, width and ~ MattitUck, NY; Cpt. Kidd's sideyard setbacks of building ~' Estates Map i672, L~t 111; in this proposed two-lot · County Tax Map Parcel No. division of property located at ~ 1000-106-03-009. the northeast corner of ~. 8:45 p.m. Application of Beckwith Avenue and Main HENRY AND VIRGINIA. Road, SoUthold, NY; County ' ~ STEINBRECHER, !525 Hay- Tax Map Parcels No. 1000-061- .~ .Watdrs Road, Cutchngue, NY 02-005, 00~, 007. "~ :, ' .fOr a Variance to the Zoning 8:00 p.m. Application for : ?' Ordinance, Article III, Section RICHARD DeMARIA by i 100-31 for permission to Garrett A. Strang, Main Road, ~ ~: constrUct addition with an .S. ou~ol.d, ~ f?.r a Variance to ~i ::insufficient fruntyard setback, me ~enmg Oralnance, Article . 'at 1525 Haywaters Road, III, Sactioas 100-31 and 100-34 ~ Cutc..hol~.e, NY; N~u Point for permission to construct . ,' Subdiwsion, Section D, Map addition with reduction in :.~'806, Lot 333; County Ta~ Map rearyard setback at 900 ~ PareolNo. 1000.111.4.12. Minnehaha Boulevard, *' DATED: JUNE 30,1~83. Southold, near Laughi.ng ~...,~.~ .~: ~aBYORDEROF Waters; County Tax Map ; . ~' ::THESOUTHOLDTOWN Parcel No. 10004)87-02-006. i' BOARD OFAPPEALS 8:05 p.m. Application of /}ERARDP.~EHRiNGER SOUTHOLD EQUITIES, INC., '/: :: :~' ? ~'~CHAIR~ 195 Youngs Avenue, Southold For further 'information, ~NY. for a Variance to the -~ plenseeantactLindaKowalski ~omng Ordinance, Article VII, at the Sauthold Town Hall 765- Section 100.70 for permission 1809 (dr 1802) to establish residential and 1TJy14-4297 ' studio use of an existing · building in this "B-1 General Business" District, located along the south side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000.61.01.015. 8:10 p.m. Application of DAVID AND BOi~NIE PASCOE, 900 Haywaters Road, Cutchogue, NY for a - Variance to the Zoning .Ordinance, Article III, Section ~'~00-119B for permission to erect 6~ fence which would exceed the maximum-height requirement alohg the front yard, at premises known as 900 ~ Haywaters Road, Cutchogue; Nassau Point Properties Map 763, Lot 11; County Tax Map Parcel No. 1000-111-03-06. * 8:15 p.m. Application for ROKE'S MARINA. INC , by A. A. Wickham, Esq., Main ,: Road, Mattituck, NY, appealing a'decisiun of the bmlding inspector to vacate Order to Remedy Violation, ,~rtisuant to Article XII, on 100-12IA. Provisions of the Zoning Ordinance Appealed: Articles I, 100-13; II, 100.23A] VIII, ·100. 80(B)[14] & [15]: XIV, 100. 144(A)[2](B); XI, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000-117-5-28 & 29. 8:25 p.m. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct carport in the frontyard area, at 3825 Stars STATEOF NEWYORK ) ) SS: COUNTY OF SUFFOLK ) Joan W. Gustavson of Greenport, in said County, being duly sworn, says that lll~/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 14th day of July 19 83 ~ PrincipalCierk Sworn to before me this 1 4th dayof .T~'I ~ 19 ~3 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 29, 1983 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. 3152 application of John Antoniou 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 ~tment; and survey. Southold Town Clerk WILLIAM JOHN ATHOS. M.D., P.C. June 21, 1983 To Whom It May Concern: Mr. John Antoniou is under my care for coronary artery disease with anginal syndrome on minimal exertion and a Diaphragmatic myocardial infarction. It is recommended that he limit his activity to periods of sitting and only walking short distances on level ground. WJA/paf William ~. Athos, M.D. R~"iV~I)~ T~N OF SOUTHOLD, NEW YORK JUN ~ 9 1983 APP'E^L FRO~ DECISION OF BUiLDiNG INSPECTOR APPEAL NO, DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, Nm Y. 1, (We) .~... ~ ~ ........................ °f ~ ~ ~S ~ Name of Appella.nt Street and Number ..... ~i~.~.).~ .......................................................... i ......... HEREBY APPELTO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .................. APPLICATION FOR PERMIT NO WHEREBY THE BUILDING INSP[CTOR DENIED. ~O - ~ , Name of Applicant for permit - .......................... of ,.t[5....~5.L.~o~d ..................... .;.;;.~;~ ................. s~ Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY A ........................ 1. LOCATION OF THE PROPERTY .......................... ~' 0[e Distr ct on Zoning Map Street Map No. 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote themOrdinon~e.) 3(~) YPE OF APPEAL Appeal is mode herewith (or A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (l~,,),(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 ( ) request for a variance and was made in Appeal No. Dated REASON FOR APPEAL ( ) /Variance to Section 280A Subsection 3 ( ,~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ]~orm zB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical diffcultes or unneces- 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 STATE OF NEW YORK ) ) COUNTY OF ~,~-o~-/( ) SS S~gnature Sworn to this .............. ~. ............................. day Notary Public ELIZABETI~ ANN NEVILLE HOTANY PUBLIC, State of New York I~o. 52-8[25850, Suffolk Term Expires March 30, tg..~:7 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: 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) (Special Exception) (Special Permit) (the following relief: ~RI ~,~ c~- 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~q ~.~',~ a~ ~0c~,~,-¥.~ ,~ il '~ ~ ~ ~ ~o~e ~ ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ornnn~e~, ,~e~ That the provisions of the SouthOld Town Zoning Code applicable to the relief sought by the under- signedare: 0,~--~, ~ ~/. ~O,-~q 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. 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: PetitionL~er / ....... /~.cj~/~ Po¥ ?ffice Address NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ' /~ ~ /-~/¢ ~[ }/ ,,: : : ~ being du!y :sw~rn, deposes,and says that bn 'the ~.~l ~ day of .-~l~ a ~ ~-~'- ,19 L deponent maded 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- ficeat L. T~. (' ~ m~ ; that said Notices were mailed to each of said persons by ~) (registered) I. ' , Sworn to before me this' ~ day of ~'ct~/z- , lg ~ No~w Public N~A~ ~BLIC, ~ ~ N~ N0. ~-812~, ~k ~ Te~ ~i~ Mar~ ~, II~D OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : NOTICE Board of Appeals of the Town of Southotd : YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of~.~outhold to request a (Variance) (Special Exception) (Special Permit) (the following relief: ~. R~tR. lt~ [J~ot 2. That the ~property which is the subject of the Petition is located adjacent to your property and is des- 3. That the property which is the s~bkct of such Petition is 4. That by suohPetitioe, l~e um:lersi~,ra~d roll request the folllo~dn~ tMief: Zoning Code applicable to the relief sought by tf~e under- 6. That within five days from the date hereof, a written Petition requesting'the relief specified above will he filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. '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 ~md designated for the publication of such notices; that you or your representative have the tight to appear and be heard at such hearing. Por~t ~Office Address PROOF OF MAILING OF NOTICE NAM~ ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ibelngdulysworn, deposes and says that on the ~.~. ' day 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-  L-~. C~'TL~ ;that said Notices were mailed to each of said persons by (registered) mail.! · ~ Sworn t° before me this c~C/ day of , 0~ ~/&~ ,19 ~_~ ~ ~/ Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York rio. 52-8125850, Suffolk Count,/ Term Expires March 30, 1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of So,ut. hold to request a (Variance) (Special Exception) (Special Permit) (the following relief: '~/A~.~R.U_L~ ~ ~ ~\~ 2- That the property which is the subject of the Petition is located adiacent to your property and is des- I That the prope~'ty which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned witl request the following relief: 5. That the provisions of the Southold Town Zoni~ Code applicable to the relief sought by the under- signedare: ~e.'z~ ~' ~ I~oo-:&q 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 atMain Road, Southold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearir~ must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least f'we days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler ~-~.'.k Watchman, newspapers published in the Town of Southold and designated for the publication of such ~; that you or your representative have the right to appear and be heard at such hearing. Dated: ~'O~. ~..~, iq '-~ :~ Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ,~IcLf~r;~U-C~ ~ f'l~C:{, ~ ~ , being duly sworn, deposes and says that on the ~ day of ~n-~ ne. ,19 J'~ , 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- rice a~ L., ~. C.~ +~H ; that said Notices were mailed to each of said persons by ~c~ (registered) mai~. Sworn to before me this ~:~C/ day of ~'c~ N C- ,19 (~ Notary Public £LIZABEI'H ANN NEVIU. E NOTARY PUBLIC, State of New YO~ No. 52-8125850, Suffolk Count~ Term Expires March 30, 19.~ Z 0 0 o3 0 4~ 0 SHORT ENVIROh-MENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information 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. (c) If all questions have been answered No it is likely that this project is no.._~% significant. (d) Environmental Assessment me 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 to 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 project have a potentially large impac~ on groundwater quality? · . . . . . . 5. Will project significantly effect drainage flow 6. Will project affect any t~ureatened or endangered plant or animal species? . . . . . . 7. Will project result in a major adverse effect on air quality? .... . . Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . 9. Will project adversely impact 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? . . . 11. Will project result in major traffic problems or cause a major effect to existing t~ansportation 12. Will project regularly cause objectionable noise, glare, vibration, or eledtrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on Public-health or safety? l&. Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major ne-gative effect Qn the character of the com. munit¥ or neighborhood?. . 15. Is there public controversy concerning the project? PREPARER' S SIGNATURE: TITLE: Yes '/No Yes /No Yes l/~o Yes Yes Yes /No Yes ~ Yes ~ Yes ..~__~No. __%Yes ~ Yes Yes ~ Date) To: S~u=no!d To:vn Boara of ~_~ls ~.!ain Road Southo!d, NY 11971 Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 N¥CRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ 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 prcperuy is a bulkhead in very good condition and at least 100 feet in length.* [ ] Nay b~ ·located within 300 feet of tidal wetlands; ho%¢ever, 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 %~ithin 300 feet of tidal wetlands; .and there is nc bulkhead or concrete wall existing on *~=~,,~ premises. Is not located within 300 feet of tidal wetlands to the best of my kno%.;ledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, (Signauura please) NOTE: If proposed project falls witkh/n D.E.C. jurisdiction, approval must be received an~ submit{Sd to our office before your application can be scheduled for a public hearing. · .i '~.'.~'~ .' .'~ ' . "~ · .. ' . - ~'-' .... ~' "~"~" ' ' ' '~" ' :" ' '' "~' .'.,. ~ i'.. - ~"" . ~UFFOT,K COUNTY HEAI,%H DEP~RTI~E}~? /41 StREEt Tho sevzage di:~:,?: ':l ~ r, 1 :,",t':' e./.. ~.°. fa~ilitio~ i~..: ~ = MONUM~N~ '" 'x~ LOf//~ ~ OF ~HE CLERK O~ SUFFOLK COUNTY ON ' JAN. 19, 1949 AS ?209 OF THE NEW YORK ST&TE £0UCATION F~B. 10,197'~ 400 OSTRANDER AVENUE, ALDEN W, YOUNG SURVEY FOR: THOMAS CONSTANTINE ~HARRY C~STANTiNE LOT Ill"CAPTAIN KIDD ESTATES, BLOCK 8" AT MATTITUCK GUARANTEED TO: TOW. OF SOUTHOLD SCALE: I" = 40' IOATE: SEPT. 23,1074 j.o. 74-683 Na~*OO'30"W. Lot 113