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HomeMy WebLinkAbout3096CICHANOWICZ. FRANK & BRENDA 4135 Skunk Lane, Cutchogue #3096 3/23/83 CA-construct accy. swim~aingpool, detached garage, and fence exceeding the maximUm permitted four feet within frontyard area. 97-9-15,16 Southold Town Board of Appeals HAIN RI-lAD- STATE R{3AD 2=' SnUTHI3LD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3096 Application Dated March 9, 1983 (Public Hearing held 3/23/83) TO: Mr. and Mrs. Frank Cichanowicz [Appellant(s)] Lupin Drive Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on March 23, 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 III , Section 100-30, 100-32 and 100-35 [ ] Request for The public hearing on this application was held on March 23, 1983. Upon application of FRANK AND BRENDA CICHANOWICZ, Lupin Drive and Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100-35, for permission to construct accessory swimmingpool, detached garage, and fence exceeding the maximum permitted four feet within the frontyard area at 255 Lupin Drive and 4135 Skunk Lane, Cutchogue, NY; Hickory Acres Map 3325, Subd. Lots 1 and 2; County Tax Map Parcel ID Nos. 1000-97-9-15 and 16. The board made the following findings and determination: By this appeal, applicants seek permission to construct an inground swimmingpool in an area in front (westerly) of applicants' one-family dwelling and a 20' by 20' garage structure abutting the brick patio of the subject pool at the northeast corner. The proposed pool is 20' by 40', brick patio area 2800 square feet and garage structure 400 square feet. Upon inspecting the property, the board finds that only that area westerly of the existing residence is practical due to the loca- tion of the cesspools and the position of the residence. The premises in question is a corner lot as defined by Section 100-119A, fronting along Bay Avenue (a/k/a Skunk Lane) 125 feet and along Lupin Drive a total of 327.38 feet. The lots in question are part of a major sub- division entitled, "Hickory Acres," Map No. 3325, subdivision lots No. 1 and 2. For the record it is noted that applicants originally proposed a 5' high fence along the frontyard area at the northerly property line; however, it is the understanding of the board members that this proposal is no longer anticipated and applicants will be conforming with the zoning code with a maximum-height requirement for fences of four feet. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zon- ing 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 appellants 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 manner in which the difficulty arose and in considera- tion of all the above factors, the interest of justice will be served (CONTINUED ON PAGE TWO) DATED: March 29, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3096 Matter of FRANK AND BRENDA CICHANOWICZ Decision Rendered. March 23, 1983 by allowing the variance, as indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3096, application of FRANK AND BRENDA CICHANOWICZ, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CON- DITIONS: 1. That the fence shall not exceed the height of four feet; 2. That the pool must meet all setback requirements for a principal use; 3. That the accessory structure be used for "pool use" (not to be used for housing of automobiles or for living quarters, etc.) Location of Property: 255 Lupin Drive, Acres Subdivision Map No. 3325, Lots 1 and 2; ID Nos. 1000-97-09-015 and 016. Cutchogue, NY; Hickory County Tax Map Parcel Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY T~ SOUTHOLD TO?~'].~ CL~,~ APPROVED --~h~rm~fl ~ard of Southold MAIN R~3AD- ~TATE RrlAD 25 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Town Board of Appeals 5OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 278 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 on WEDNESDAY, MARCH 23, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, NY 11743 for a Variance to the Flood Plain Management Law, Chapter 46, Section 46-7 for permission to utilize area below the eight-foot minimum-required elevation for placement of electrical utilities and equipment in this A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map Parcel ID No. 1000-035-05-027. 7:35 p.m. Application of JOHN AND LINDA KOWALSKI, 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for a Certificate of Occupancy of Lot No. 3 6f Minor Subdivision of Christine King, Map No. 117, with an adjustment of lot line between Lots 3 and 4, leaving insufficient road frontage for Lot No. 3 and leaving &n insufficient sideyard setback from the existing dwelling on Lot No. 4. Each parcel contains an area exceeding one acre. Location of Property: West side of Ole Jule Lane, Mattituck, NY; County Tax Map Parcel ID No. 1000-114-12-013.3 and 013.4. 7:40 p.m. Application of JOHN AND FRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct one-family dwelling in this "C-Light Industrial" Zone. Location of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, NY; County Tax Map Parcel ID No. 1000-140-02-032. 7:45 p.m. Application of ANN WYDEN and PEGGY HELLER, One Harris Court, Great Neck, NY 11021 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct screen-porch addition with a reduced rearyard setback at 2015 Bay Avenue, East Marion, NY; County Tax Map Parcel ID No. 1000-31-17~002. Page 2 - Board of Zoning Appeals Legal N~tice of Hearings Meeting to be Held 3/23/83 7:50 p.m. Application of CHESTER M. MAYER, 2265 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to erect fence exceeding the maximum height requirement of four feet within the frontyard area at 2265 King Street, Orient, NY; County Tax Map Parcel ID No. 1000-026-02- 043.2. 7:55 p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct extension reducing the rearyard setback and exceeding the 20% maxi- mum allowable lot coverage at 910 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Subd. Lot 91; County Tax Map Parcel ID No. 1000-064-04-0022. 8:00 p.m. Application of NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY (by Gerry L. Horton) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of lot having insufficient area and frontage along Westphalia Road. Location of Entire Premises: C.R. 48 and Westphalia Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-121-02-021.1. 8:05 p.m. Application for GEORGE AND SYBIL PENNY, By Skinny Dip Pools Inc., Box 108, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool and fence in the front and side yard areas at 9305 Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000- 59-6-21.  Application of FRANK AND BRENDA CICHANOWICZ, Lupin k Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100-35, for permission to construct accessory swimmingpool, detached garage, and fence exceeding the maximum-permitted four feet within the frontyard area at 255 Lupin Drive and 4135 Skunk Lane, Cutchogue, NY; Hickory Acres Map 3325, Subd. Lots 1 and 2; County Tax Map Parcel ID Nos. 1000-97- 9-15 and 16. 8:15 p.m. Rehearing in the matter of ANN O'SULLIVAN, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for approval of ~ccess pursuant to New York Town Law, Section 280A. Location of Parcel in Question: 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel ID NO. 1000-78-4-41.2. 8:25 p.m. Application for PORT OF EGYPT ENTERPRISES, INC., Page 3 - Board of Zoning Appeals Legal Notice of Hearings Meeting to be Held 3/23/83 62500 Main Road, Southold, NY (by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct addition with an insufficient frontyard setback and to use p~oposed addition for retail sales in this'"C-Light Industrial" Zone. Location of Property: 62500 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-056-06-006. Any person wishing to be heard concerning the above matters should appear at the times and place above specified, or he may contact the SecretAry at 765-1809 (or 1802). Dated: March 11, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to Newspapers: Please publish once, to wit, Thursday, March 17, 1983 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before March 22, 1983. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................Date ............. 2~..~.~...'.7..., 19Oc>3 ..... To ~:'..~..~.. ~'... ~5 ......... ..... PLEASE TAKE NOTICE that your application dated .............. co.~y ~ax ~a~ No. ~000 Sec~io~ ...:L.7 ....... ~ock ...... ¢ ...... lot .~?.~ .... Subdivision ................. rea ~ap mo ................. Lot No .............. is returned herewith and disapproved on the following grounds.. ~C(. Building Inspector ltV 1/80 Joco -O~ t((' - 'row. SOUT.O.D. M/~R 0A~i~~ FROM DECISION OF BUILDING INSPECTOR Town Clerk Southold DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .,, ......... ;-~ ......... ~ ......................................... of .............................. J....; ........................................ Name of Appellant Street and Number Municipality .......... /~'~;c~ .......... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................. "~ .................. DATED ..... Z~.~....~...C../i/.......~...,~../...~...~..~. ............ WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Municipality 'State LOCATION OF THE PROPERTY · I ' Street Use District on Zoning Map 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,) TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Mop 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) ~os not. been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (I/~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~o~ ~.3! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored 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 C~IARACTER OF THE DISTRICT because THE STATE OF NEV,J..YORK ,.~ ) ss COUNTY O ) Sworn to this .............................. day of ....................... Notary Public J~OT/iRy PUBLIC, St.~te of New York No 52 8125~50, Suffolk Cou, Ny, Southold Town Board o£ Appeals MAIN ROAD STATE ROAD 25 SDUTHDLD, L I , N Y 11971 TFI FPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 30, 1983 Mr. and Mrs. Frank Cichanowicz Lupin Drive Cutchogue, NY 11935 Re: Appeal No. 3096 Dear Sir or Madam: Attached herewith isa copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office 765-1809) or that of the building inspector (765-1802 Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary and as follows: 7:30 p.m..Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, NY 11743 for a Variance to the Flood Plain Management Law, Chapter 46, Section 46-7 for permission to utilize area... below the .eight-foot minimum-required elevation for placement of electrical utilities and equipment in this A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map Parcel ID No. 1000-035-05-027. 7:35 p.m. Application of JOHN AND LINDA KOWALSKI, 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for a Certificate of Occupancy of Lot No. 3 of Minor Subdivision of Christine King, Map No. 117, with ar~, adjustment of lot line between Lots 3 and 4, leaving insufficient road frontage for Lot No. 3 and leaving an insufficient sideyard setback from the existing dwelling on Lot No. 4. Each parcel contains an area exceeding one acre. Location of Property: West side of Ole Jule Lane Mattituck, NY; County Tax Map Parcel ID No. 1000~114-12-013.3 and 013.4. 7:40 p.m. Application of JOHN AND FRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for.. permission to construct one- family dwelling in this "C- Light Industrial" Zone. Location of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, NY; 7:50 Application of ~ Drive and 4135 Skun' ~ CHESTL M. MAYER, 2265 ~ Cutchogue, NY; h,~ory~ vKing. S~t, Orient, NY for ~ ~ Ac~ Map ~, Su~. ~ 1~ arlance to the Zoning ~ and2; C~tyTaxMapPa~e~ Ordnance, ~tic}e ~II, ~tion ] ~ N~. 1~-~15 and 16. ~ ~Afor~rm~s~ontoe~t ~ o;~o p,m. ben,atonE ~n me xence exceeding the mater of ANN O SULLIVAN, maximum height requirement of four feet within the frontyard area at 2265 King Street, Orient, NY; County Tax Map Parcel 1D No. 1000- O26O2-O43.2. 7:55 p.m. Application of ERNEST H. PRUSSNER. 910 Old Shipyard Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule~d for permission to construct extension reducing the rearyard setback and exceedin~ the 20% maximum allowable lot coverage at 910 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Subd. Lot 91; County Tax 0~ Parcel ID No. 1000q}64-0~ 8:00 p.m. Application of NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY (by Gerry L. Horinn) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of lot having insufficient area and frontage along Westphalia Road. Location of Entire~P Premises: C.R~ 48 and Westphalia Road, Mattituck, NY; County Tax Map Parcel ID No. 1000~121-02-021.1. 8:05 p.m. Application for GEORGE AND SYBIL PENNY, by Skinny Dip Pools Inc., Box 108, Mattituck, NY for a Variance to the Zoning. Ordinance, Article III, Section 100-32 for permission to construct swimmingpoul and fence in the front and side yard areas at 93~ Soundview Avenue, Southold, NY; County by Rudolph H. Bruer, Esq., .~_ ain Road, Southold, NY for a ~,OVariance for approval of access pursuant to New York Town Law, Section 280A. Location of Parcel in Question: 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No; 1000- 78-4-41.2. 8:25 p.m. Application for PORT OF EGYPT ENTER- ... of Greenport, in said County, HE SUFFOLK TIMES, a weekly n the Town of Southold, County ~exed is a printed copy that has ewspaper once in each week ,, commencing the...?..~.~..~) day PRISES, INC., 62500 Main Road, S0uthold, NY (by ~. ~ George A. Cottral) for a ~ Variance to the Zoning ..... Ordinance, Article VIII, Section 100-80A for permission to construct addition with an ................. insufficient frontyard setback ~. ........................... and to use proposed addition for retail sales in this ',C.Light ,...9, , ,~., ,~/~, ~Industrial" Zone. Location of Property: 62500 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-0564)6- March 3~. ~gg~'~ Any person wishing to be heard concerning the above matters should appear at the times and place above ~ e~eesified, or he may contact eccetary at 765-1809 (or 1802). Dated: March 11, 19~3. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER 1TM17 1 2 CHAIRMAN County Tax Map Parcel ID Tax Map Parcel ID No. 1000- No. 1000-140-~. 7 · 59-6-21~ · :45 p.m. Apphcation of ,""'g?l'~.m. Application of~ ANN WYDEN and PEGGY FRANK AND BRENDA HELLER, One Harris Court, CICHANOWICZ, Lupin Driv~ Great Neck, NY 11021 for a and Skunk Lane, Cutchogue~ Var. iance to. the Zoni. ng ~ NY. for a.Variance.to the,~ y swlmmingpool,~ rearyard setback at 2015 Bay ~etached garage, and fenc~ Avenue, East MariOn, NY; ~xceeding the maximumS- County Tax Map Parcel ID~ permitted four feet within the NOTICE IS HERERY GI~/- EH, pursuant to Section 276 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, Regular Meeting and the following public hearings will be held by the Southold Town · BOard of Appeals on WED- NESDAY, MARCH 23, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, N.Y. 11743 for a Variance to the Flood Plain Management Law, Chapter 46, Section 46-7 for permission to utilize are4 below the eight-foot minlmum~ ~qnired elevation for place- ment of electrical utilities and ~"qbip~nent in this A-7 Hood, Zone. Location of Property: !010 Maple Lane, East Mar- ion, N.Y.; Cleaves Point Filed Map 4650, Subd. Lot 60; ~ountY Tax Map Parcel ID 1000-035-05-027. · ~.~ ~?:35 p.m. Application SKI. ~4 Atlantic Avenue, C~ccnport, N.Y. for a yarian~e to tho Zoning Ordinance, Ar- ticle, ~I, Section 100-31 for a Certificate of Occupancy of Lot No. 3 of Minor Subdivision of Christine King, Map No. with an adjustment of lot line ~ . ~u~.Lo. ts~. and~ 4, leaving~7~ 8:00 p.m. Application of NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituek, N.Y. Coy C~rry £. Horton) for u Varianc~ to the Zoning OrdJ~ anco, Article 111, Section 100. ~! for approv~ of lot baying insufficient ama and frontage along Westphalia Road, Matti. tuck, N.Y.; County Tax Map Parcel ID No 1000-121.O2~ 021 1. 8:0~ p.m. Application for Ny,GEORGEby AND SYBILPEN. Skinny Dip Pools lnc~~ Box 108, Mattituck, N.Y. for a Variance to the Zoning Ordio. ante, Article ~/, Section 100. 32 for permission to construct SWimmingpool and fence in the front and side yard areas at 9305 Seondview Avenue, Southold, N.Y.; County Tax Map Parcel ID No. p.m. Application FRANK AND BRENDA CHANOWIcz, Lupin and Skunk Lane, N.Y. for a Variance to Zoning Ordinance, Article III, Sections 100.32 and 100.35, for Permission to construct acces= sory swimmingpool, garage, and fence thc maximum-pertained four feet within the frentyard area at 255 Lupin Drive and 4135 Skunk Lane, Cutchogue, N.Y.; H~ckory Acres Map 332~, Subd. lots I and 2; Tax Map Parcel ID in the COUNTY OF SUFFOLK ss: 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 .....................I Sworn to before me this ............. ./..?....~.. ......... day of Legal Notice of HeOngs for March 23, 1983 Copies to the following on or about March 14, 1983: Mr. Mr. and Mrs. John Kowalski, Mr. and Mrs. John DiVello, Ann Wyden and Peggy Heller, Ann Wyden and Peggy Heller, Mr. Walter Gaipa (builder), and Mrs. James Idler, 27 Anoatok Drive, Huntington, NYql1743 Jr., 404 Atlantic Ave, Greenport, NY 11944 Drawer 1402, WEstphalia Rd, Mattituck 11952 One Harris Court, Great Neck, NY 11021 2015 Bay Avenue, East Marion, NY 11939 Box 247, East Marion, NY 11939 Rudolph H. Bruer, Esq., attorney for Shester M. Mayer Abigail A. Wickham, Esq., attorney for Ernest H. Prussner Mr. Gerry L. Horton, (builder) for North Fork Baptist Church New Suffolk, NY 11956 North Fork Baptist Church, C.R. 48, Mattituck, NY 11952 Mr. and Mrs. George Penny IV, Soundview Ave (#9305), Southold 11971 Skinny Dip Pools, Inc., Box 108, Mattituck, NY 11952 (Hand given 3/14) Mr. and Mrs. Frank Cichanowicz, Lupin Drive, Cutchogue 11935 Rudolph H. Bruer, Esq., attorney for Mrs. Ann O'Sullivan Mr. George A. Cottral (builder), for Port of Egypt Enterprises Greenport, NY 11944 Port of Egypt Enterprises, Inc., Main Road, Southold, NY 11971 Mr. Scott Thomas, 138 Sterling Avenue, Greenport, NY 11944 L.I. Travler-Watchman (personal delivery) Suffolk Times, Inc. (personal delivery) Town Clerk Bulletin Board Supervisor Town Board members Town Attorney Planning Board Victor Lessard, Building Dept. Z.B.A. individual files OFFICE OFTHETOWN CLERK TOWN OF SOUTHOLD March 9, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3096 application of Frank & Brenda Cichanowicz 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 from the Building Department; and survey. //g~dith T. Terry /~ Southold Town Cler~f RECEIVED TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSP_~CTORr APPEAL NO. ~'~' c'/y~- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)~..e~:.~..~..~...,.~,....~..~:~Ci..'.~..~.~.~!.(-~.of ....!...~........L..~..~.~.?.,. ?....~.. ................................ Name of Appellant Street and Number Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED ........................ ~...l ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of qL - Street and Number Municipality ~tate () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY o: .......................... Street Use District on Zoning Map ....................................... Map No . Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicete the Article Section, Sub- section end Per~greph of the Zoning Ordinence by number. Do not quote t~e 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 (ha~),,(has--' n0t)- 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 FOP, APPEAL ) A Variance to Section 280A Subsection 3 v/) A Voric~nce to the Zoning Ordinance ~s requested for the reason that Form ZB] (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because "T'k kc J vicinily of this property and in this use district because The hardship creeted is UNIQUE and is not shared by all properties alike in the immediate 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF TFIE DISTRICT because ~/~./2~' ~-~ ~:"/ 3 2-'/'~C~'' ' e "' ,/ STATE OF NE~_, YORK ,, COUNTY 0 ~'J ~',~ SS Sworn to this ............ /..4..x ........................... :;.-:~.~,,:,.~(iL~. .............. Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1....T.J~-;~-t~intention of the undersigned to petition the Board of Appeals of the Town of Southold to requ~Variance_~Special Exception) (Special Permit) (Other) [¢±rcle cho±ce] ). 2. That the p[operty w~hic_hjis t~_e su~ect of the .Petition is I~c~}t~cl~ad acegZ ?~ygu, gprop/~,t,3/~%n~ is des- cribed as follows: $ ~-r X.l~)c"r-41 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 w request the following relief: 5. That the provisions of the~ Southold Town Zoning ~;o6ec~o~ca~.o the relief sought by the under- Article s~gnea are ~ 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 may 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. Oared: 7- Petitioner Post NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) No. 499190 RECEIPT FOR CERTiFIED MAIL NO INOI~AI~E COVERAOE FRO~DNO-- NOT r~R INTENOA'nONAL IJAIL (See Reverse) PO TATE ND PCODE POSTAGE / $ ~ :4 C u~L~,~ ~ ~) ~ , being duly sworn, deposes and says that on the ~ d~y of ~_~.~L_~ ' ,1 9 ~ . 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 thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren~s~sment roll of the Town of Southold; that said Notices were mailed at the United States Post Or- ,ce at ~.~ ~L~ ~ ~'L~D¢ ~ ;that said Notices were mailed to each of said persons by tcertified) (registered) ~ail. ~ Sworn to b~e[ore me this ~q~l - day of ./[\~r~_~ ,19~ _ ~ - N~tar~ Public t ELIZABEf~{ ANN NEVILLE NOTARY PUBLIC, State of New Yod~ {'iD. 52 8125S59. Suffolk C~ 0 0 0 0 0 E~ 0 0 ., ')uSTRUCTIO)IS: · ~ ~ (o) ~ otdc~ to onswer the questions in this sho~t EAF ~t ~s ossume( " thor the prcporer will use. currently ovoiloble inFormolion concerning project end the likely impccis of the octio'n. It is not expected that additional studies, research or other investigations will be undertakeo. (b) If any question has been answered Yes the project may be significant ¢]nd o completed Environmental Assessment Form is necessary. (c) If all questions have been answered }qo i% is likely %h01 (d Environmental Assessment ' ' 1. Will project result in o large physical change '' ia the project site or physically alter more then 10 acres o~ lend? ....................... Yes o 2. %'[ill there be o major change 1o any unique or . -unusual land form found on lhe sit&?... Yes 3. %'7ill project alter or here o lqrge' effect o . existing body of wader? .................. Yes 4. ~'/ill projec~ hove (] potentially large impoc , · on groundwater quoli~y? ........... Yes ' 5. ~'ti~ p~oject s~gn~Ficont~7 ec o og f~o~'/ on odjocent s~tes? ..................... 6. ~'/~ p~oject o~Fect ony threotened o~ cnclongered p~ont o~ on~o~ species? .... ~es 7. ~'/~ p~oject ~esu~t ~n o mo jot odve~se effe~'- ' Yes on o~ quo~ty? .............................. ~. )'t~ p~oject hove o mojo~ effect on v~suo~ cho~octe~ of the communSt7 o~ scenic v~ews ot vistos known to:be impatient to the community? Yes ~o 9. Will project odversely impoct ony site or .- structure of himioric, prehistoric or ~oleoniologicol imporionce or ony slte desiDnoled os ~ crilicol environmentol ~reo by s locol oDency? .......... ~.;;..--..;-.v.-.-.~..~..v.. Yes 10. %'~ill project hove o mo jot effect on existing or future recreolionol opportunities? ......... Yes 1t. %'7ill project result in .mo jot troffic problems ' ' oK couse o mo jot effect to existing - tronsporlotion systems? ....................... Yes 12. Will project .re~ulorly couse objeclionoble odors, noise, glore, vibrolion, or electrical dislurbonce os o result of the project's operotion? ..... ' or.safely? .................................... Yes. 14. Will p~ojec% elf ecl the existing communi%y by ' directly causing o growth in permonen% populo¢ion of mare Chon 5 perccg~ over o one year period o~ have o major nega¢ive on the charac¢cr of the community or neighborhood? ................................. Yes, ,,~N° 15. Is ~here public controversy concerning lbo . projec¢? ~es ~No PREPARER'S SIGHt, lURE ~ (Today's Da~e) To: Southold Town Board of Appeals ~.!ain Road Southold, NY 11971 Re: AoDeal AoDlication of -~ ~ ~ Location of Property: /o~ ~ 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 i~ the within appeal application: (please check one box) [ ] May be locatad 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~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this proper~y 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. not [ ] appear to 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 fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, NOTE: If proposed project falls wit~kin D.E.C. jurisdiction, approval must be received an.~ submit{~d to our office before your application can be.scheduled for a public hearing. ii'