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HomeMy WebLinkAbout3033 FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL County Tax Map No. 1000 Section . .~...~.. ..... Block . .0~./ ........ Lot ...4~./.~. ..... Subdivision...~ ........ Filed Map No ................. Lot No ........ ~ ......... is returned herewith and disapproved on the following grounds .~.~.~.. ~..~O.C~.. ....... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. ~O,_~, DATE. ~..e~..~.~. ~,~I.~'/_.~.. To THE ZONING BOAR~ OF ~EALS, TOWN OF SOUTHOLD, N. Y. s~n~, ~i:~ ~oo~ zc~. of ..... ~79.~.~!~.~...~.~ .................................. 1, (We) ........................ ~ ........................................ Nome of Appelio.nt Street ~nd Number ................. ~4~.~.~. ........................................................ ~2e~..Yo~k ......{REBY APPEL TO ~unicipolity StoLe THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ..................................... ................. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ............. .B..U...r~.....a~.d....~!.~r~.lin.. ~r~. at al .......... Name of Applicant for permit of North ~oad Creepier+ ~,?, v Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY l. LOCATION OF THE PROPERTY ......... ~;[0...--~.b,...?.o~,,]...Qz'~e~.po:,.,.,.,.,.,.,.,.,.~; ............................................ Street Use District on Zoning Mop 0.~O Ol 019 lv~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 Do not quote the Ordinance.) Brticl,~ III ~ec 100-,31 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 ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is ~auested for t. he..reason that ueca~/se o~. =ne nature of' the house lo~ation on the property there is absolutely no o~her place to locate the swimminq pool. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION aP THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because There is no location on the property other than thst requested in which to locate a pool. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate viciniiy of this property and in this use district because The right o~ wav, drive,~ay and neeessarv parking' area o~aup~- ~ what only other ~lace there ,,~o,~!d he +~o l~cate the pool. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CftARACTER OF THE DISTRICT because there are no houses to the east o=. this residence and it ~A!I be secluded by .~ patch of woods. STATE OF NEW YORK ) COUNTY O~ ss / JLtOJTH T. TERRY Nota~ public, State of New Yolk NO. 52-03,~-963 Suffolk ~u~/~ ~mmission ExHms March 30, ~9/.~ TOWN OF SOUTHOLD, NEW YORK ACTION or T.~ zoNneG BOA,m Or ~rE~s E~neot ~. Ra~o~d a/c ~ur L.R. ~clsco Road Hor~ R~d ~on, ~ Yo~k ~r~n~t, H~ York 1967 Appellant at a meeting of the Zoning Board of Appeals on eAwh~y, ~%Jno 8, 19~7 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ]~ ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board l~ was determined that a special e~ception ( ) be granted ( ) be denied pursuant to Arlicle ............... Section ................ Subsection ................ ~graph .............. of the Zoning Ordnance, and the d~ion confirmed b~a~e 8530 P.M, (B.D.S.T), ~ ~plieation of g~eot Ra~ord, ~n R~d. ~ ~on, N~ York. a/c Fr~c~,co Bst.. Green , ~ew York, for a var~nce ~ a~or~ wA~ ~e Zoning ~n~ce, ~t~cle III, Sec~L~ 303, insufficient ~ge ~d nor~ oL~ Ho~ R~d (CR 27)~ west ~ ~C. Pfeffer. 2. VA/fIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this pr(~perty and in the same use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (~ould not) change the character of the district because and thsrefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Ir~pecter ( ) 'be confirmed ( ) be reversed. I~O~tM ZB4 Barbara C. Dittmann, Secretary After investigation and inspection tho Board finds that the applicant requests ~ermission to set off t~o lot~ ~ith inan~ic~ent f~onta~e and obtain approval of access, The Board £~nds that al~ tho lo~ involved hav~ an 8re~ wol~ ~n excess o£ ~hat requ~xed by the Zon~g Ordinance. The l~BEd £~n~s the ~od r~%ght o£ why w~11 ~e 25 ~eet w~o al~d should ~ ~d ~so~ ~ set o~ ~ 1o~ w~ ~suff~C~t ~go nd ~or ap~o~ or a~,, as a~Aed ~r ~ ~ l~a~d on ~e n~ s~ Nor~ R~d, O~rtf N~ ThA8 permiso~on is subJec2 to the ~ollowAng coudAtions, 1. Each pa~el c3caat, ed shall have only one dwelling el~ect, ed thereon. 2. There shall ~e no side yard variances granted any ~welling erected. 3. Tho rAght of way shall be mubJ~c ~o tho f~A~aX AnopoCtio~ of the Sou~hoXd To~n Building ~A~spector. Southo!d Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI July 31, 1984 Mr. Arthur F. Siemerling Skinny Dip Pools and Spas, Main Road Mattituck, NY 11952 Inc. Re: Appeal No. 3033 Bert and Marylin Crystal Location of Property: ROW North Side of C.R. 48, Greenport Dear Art: On November 16, 1983, an updated survey showing all existing and proposed construction be submitted in order that we may pro- ceed with the above application. Please let us know what the applicants' intentions are at this time. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 16, 1983 Mr. Arthur F. Siemerling Skinny Dip Pools and Spas, Main Road Mattituck, NY 11952 Re: Appeal No. 3033 - Bert and Marylin Crystal Dear Mr. Siemerling: This letter will confirm your telephone conversa- tion with our office some time ago concerning the variance application of Mr. and Mrs. Bert Crystal that the applicants plan to proceed with same and that the file is incomplete until an updated survey showing all existing construction and the proposed deck extension and pool is received. Please keep us advised. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Skir n8 qJip 'Pools Inc. A HALLMARK D STRIBUTOR April 10, 1983 Dear Mr. Goehringer: Re: Appeal No. 3033 Bert and Marylin Crystal Thank you for your September 22, 1982 letter. Mr. and Mrs. Crystal were willing to let this project wait till §pring and that time has now come. I have included the reauested Non Jurisdiction letter from "DEC" and an u~odated surve~ of their property showing both the existing decking and as well the location of the pro- posed swimming pool. My th~o~s for your attention to '/ You~ ,truly, / Ar . Siemrling SKINNY DIP POOLS, INC. thls matter. NIW Y0YK ~ PARTMIN'I OI (NV/1.!()NMI Bl'dg. 40, .';i/NY Ru(m~ 219 Shmq I"~',,,vt', NV I I/9,I (~'16} 7SI /900 1 i i i.S-Z A review F~s been made of yow~ proposal to: N~u~ Yo~ ~e De.p~e.~ of Env'Z,tonmen.t~ Co~se.~vc~t~on has ~projeet ~) be: Board of Appeal$ of Southold fourd the __ Great~a than 300' from inventerZed tidaZ we,t£p~ds. /andw~.~d of a subs~l m~n-m~e s~ueture ~ t~n 100' in length const~u~ed p~or .to Scpt~-, 1977. La~d of I0~ eo~o~ ~.ev~on above me. mt se~ lev~ on a g~dua?, slop~. - ~ L~ o~ ~pog~p~ ~t of b~uff, e~ff or dune dn exe.~s of 10 fe~ in ~ev~on above mean ~e~ lev~. Tfl~fcre, ~ p~ ~d~ ~e 25 (Ti~ t~'~m~ of the Env~o~en~l ~v~o~ L~, ~ req~ed since ~e propos~ Z~ beyond S~e m~d~ted DJL:R~T:ez Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, llg?l TELEPHONE (516) 765-1809 GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H, SAWICKI September 23, 1982 Mr. Arthur L. Siemerling Skinny Dip Pools Inc. P.O. Box 108 Mattituck, NY 11952 Re: Appeal No. 3033 Bert and Marylin Crystal Dear Mr. Siemerling: With reference to the above entitled application, this letter will confirm that you have submitted for our file a copy of the N.Y.So Department of Environmental Conservation correspondence indicating that no permit is required by that agency. Also, it is our understanding that you will be submitting three copies of an updated survey for the variance application (and additional copies for the Building Department) showing all existing construction and proposed deck extension and pool. Yours very truly, Linda F. Kowalski Secretary cc: Mr. and Mrs. Bert Cyrstal $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SDUTHOLD, L.I., N.Y. llC:J?l TELEPHONE (516) 765-1809 APPEALS 80ARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 22, 1982 Mr. Arthur L. Siemerling Skinny Dip Pools Inc. P.O. Box 108 Mattituck, NY 11952 Re: Appeal No. 3033 Bert and Marylin Cyrstal Dear Mr. Siemerling: After reviewing the above application and research concerning this property, it has been found that restrictions have been placed in a prior Appeal No. 1104 by the Board of Appeals on June 8, 1967. We are enclosing a copy of the board's decision for your reference. Also, inasmuch as this parcel is waterfront, any and all pro- posed construction falls within the jurisdiction of the N.Y.S. Department of Environmental Conservation. It is requested that approval from the D.E.C. first be obtained before scheduling this matter for a public hearing. Please let us know whether you wish %o proceed with %he current sideyard variance in light of the prior appeal's restrictions. Yours very truly, lk Enclosure cc: Mr. and Mrs. Bert Crystal GERARD P. GOEHRINGER CHAIRMAN a~ ~tAce CO ~e a~llcant. was n~ respor~e. ) x $ouChold Tc~.*n Z~z, ard o~ A.~la -11- .,TUne ~,, of ~e southoZd Town itulldir~ ~m~ctoz. JUDITII T. TERRY 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 September 13, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 3033 application of Skinny Dip Pools, Inc. for B~rt & Marylin Crystal for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter re- lative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. /,/ _ , ~,,,__~ $outhold Town Clerk JTT/bn Enclosures TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~) ~ DATE ~..e,'q.~..e.~.~.~/'~... 82 Skiluly Dip Pools ICc. Westphal;ta Road 1, (We) ................................................................. of ............................................................................ Name of Appella,nt Street and Number Municipality .~ew...Ynrk .......~EREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............ .~./.~../..~...~.. ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ............ ~.~...a~..M~r~.lin.. Cr~ata 1 ........... Name of Applicant for permit of North Road .................................................................... ..C....~....e.~g~ ................. ~.:.~.: .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Swimming Pool Fence and deck LOCATION OF THE PROPERTY ........ Horth...P~a~i..G=eenp~r~ ............................................ Street Use District on Zoning Map 040 01 019 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Sec 100-31 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 appeal 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 (1/~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Because of the nature of the house location on the property there is absolutely no other place to locate the swimming pool. ~orm ZB! (Continue on other side) REASON FOR APPEA~L Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because There i= no location on the property other than that requeste~ in which to locate a pool. 2 The hardshipcreatedis UNIQUE and isnotshared by eli properties alike in the immediate vicindy of this property and in this use district because The right o~ way, driveway an~ necessary parking area o~cupy ~ what only other plaae there woul~ be to locate the pool. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE OIARACTER OF THE DISTRICT because there are no houses to the east o~ this residence ~n~ it.ll be secluded by a patch of woo~s. ~ Notary Public ~/ ~UDiTH T. TERRY Notary public, State of New ¥or~ No. 52.0344963 Suffotk Coun,t~'7/~r/ Commission I~pirel MarCh 30, 3.~.~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southoid : TO: N: Long Island Sound E: Edward J. Bahlke 5 Revillo Rd. S: Marylin Crystal 114 E. 72nd St N.Y. W: Bruce Pringle North Road, Greenport, NOTICE TO ADJACENT PROPERTY OWNER Bayville,N.Y. 11709 10021 N.Y. 11944 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 63415 R.O.W. North Road (C_R 4~Greenport 3. That the property which is the subject of such Petition is located in the following zoning district: XXXXXX 4. That by such Petition, the undersigned will request the following relief: INstall Deck and pool a-tached to existing ~welling as proposed violates set back requirements for side yard $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III ½ Sectic~ 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Tra~mler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the Hght to appear and be heard at such hearing. Dated: August 31,82 Skinny Dip Pools INc. Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P35 2543086 RECEIPT FORC~ERTIFIED MAiL NO INSURANCE C~R~ PI~I~ED-- NOT FOIl INTERItATiONAL MAIL (See Reveree) ' P35 2543005 RECEIPT FOR CERTIFIED MAI NO INSURANCE COVERAGE PROVIDED-- HOT FOR INTERNATIONAL MAIL ISee Reverse) SENTTO P35 2543004 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) STREET A ND~(~ SPECIAL DEUVE~Y RESTRICTED DELIVERY SHOW T0 WHOM AN9 gU~W TO W~OM ANb DATE DELIVERY DELIVERED WITH REST RICTEI / STATE OF NEW YORK ) COU~SUFFOL)~ ), ss.: ~ ~ , residing at -" ~ -- 7 [_ , being duly s~Torn, deposes and says that on ~he.z~e,~._ day of ~.~,~ .19 ~;'~, deponent mailed a true copy of the Notice set forth on the re. verse side'hereof, directed to each of the~bove-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addr~s of said persons as shown on the curren_t q,ss~sszllej3z~eJLof t~e Town of Southold; that said Notices wer,~nuJiled at the United States Post Of- `rice at~ ~r)~ ~ <-- ; that said Notice~er~/ma,led to je~h of/said persons by ~certiTied) ~d) mail. SWorn toi~ef~re me. this ~ day of ~, 19 Notary Public JUDITH T, TL~RRY Notary Public, State of New York .~. NO. 52-0344963 Suffolk Commission E. xgiree Mar~ aO, (Toda~ s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~--~ Location of Property: . Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property 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 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 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 ~f this property is a bulkhead less than 100 feet /in length. Id-"]' 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(*) not appear to fall indicate your property does within the juri~n of the N.Y.S.D.E.C.] (gi~nature p i~a s ~/ SiIO?,T E~ /],,0 ..... I,,,L ASSESSHEh'I INSTRUCT:[OtIS: ~ (o) ~n order to answer the questions in this shor~ EAF i~ is assumed thcL ~he preporc~ ~.~ use. cup,entry ovo$}ob~e Lnforma¢$on concernLng project and the ~ke~y Lmpoc~s off ~he action. ~¢ Ss no~ expected oddL~ona} s~ud~es, research o~ other ~nvestLgo¢&ons s'~$~ be undertaken. (b) ~f any question has been ons~ered Yes ~he p~ojec¢ may be s~gn~f~con~ and a completed Env&~onmen~a} Assessment Fo~m &s necessary., (c) If oll questions have been answered No it is likely thot this projecl is not significant. .. '.. (d) Environmental Assessment -' I. Wii~ projec¢ zesui~ in a large physical change ~ " to the p~oject site ~r physically alta= more Ye than 10 acres of land? ........................ 2. Will there be a major change to any unique -unusual land form found on the site? .......... Yes 3. ¥/ill projec~ alter or hove a large effect on exislin9 body of woler? ....................... Y~. 4. ¥/ill project hove o polenliolly lorDe impact -. - .. om 9roundv;oler quality? ....................... Ye~o ' 5. ¥fill projec~ significantly effect drainage ftov~ on o ocent sties? ..................... ~.j. Yes. 6. ¥,'ill pro3ecl of f ecl any lhreotened or endangered plant or onimot species? ........... _ 7. %'Jill projecl resul¢ in o major adverse e{feci Yes' on air quoliiy? .............. ............. .... · 8. ¥;il! project hove o major elf ecl on visual chorocler of the communily or scenic views or vistas known lo,be imporlonl to the commupity?. ~. %~ill projecl o'dversely impoci any sile or .. . slructure of historic~ prehistoric or poleoniologicot imporlonce or any mite " de~ignolcd os o crilico! environmental area 10. ¥7ill project have o major elf ecl on exlsiing or fulure recreational opporiunilies?. ~ ....... 11. Will projecl resutt in .major lrofF[c problems ' oK cause o major elf ecl to ex-isling lronsporiolion systems? .................. 12. ¥7ill project :regularly cause objeclionoble odozm, noise, glare, vibro[ion, or elec'~ricol . disturbance os o resul~ of %he project's : or.safety? .................................... Yes directly causing o growth in permonen% : population of more than 5 percegt over fl one year period or have o major negative on the chara~er oF th~ community or Yes~o ...... ......... -..: .......... . Yes~ :) ~,..' . ~ GREENPORT 2.7A(c) M~? oF LALJD r C.'l~y5 T~L,, ~1 ~k~l,J pOI2T