HomeMy WebLinkAbout3098Southold Town Bo rd of Appeals
MAIN ROAD- ~TATE ROAD 25 SI3UTHI3LD, L,I,, N.Y, 11971
TELEPHONE 1516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3098
Application ~ated March 15, 1983
TO:
Mr. and Mrs. H. John Pavlak
P.O. Box 962
Mattituck, NY 11952
(Public Hearing held
4/20/83)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on April 27, 1983
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
IX] Request for Variance to the Zoning Ordinance
Article III, Section 100-32
[ ] Request for
The public hearing on this matter was held on April 20, 1983.
Upon application of HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck,
NY for a Variance ~o the Zoning Ordinance, Article III, Section 100-32
for permission ~o construct accessory garage structure in the sideyard
area. Location of Property: 3505 Grand Avenue, Mattituck, NY; County
Tax Map Parcel No. 1000-107-01-005.
The board made the following findings and determination:
By this appeal, appellant seeks permission to construct a 22' by
32' accessory garage structure ~o be located in the northeasterly
sideyard area, approximately 65' from the existing l~-story frame
dwelling, and between 10 and 15' from the rear property line. The
parcel in question contains an area of .9265 acre with 228.12' front-
age along Grand Avenue. The depth of this parcel in the area of
the existing dwelling and proposed garage is 94.89 feet; the dwelling
is se~ back 42' from Grand Avenue leaving very minimal rearyard
building area. It is the opinion of the board that the relief,
requested iR reasonable and most feasible under the circumstances.
In considering this appeal, the board determines that the variance
request is not substantial in relation to the requirements of zoning;
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
manner in which the difficulty arose and in consideration of all the
above factors, the interests of justice will be served by allowing the
variance as indicated below.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3098, application of HENRY JOHN PAVLAK
for permission to construct a 22' by 32' accessory structure for
garage purposes in the sideyard area as applied, BE AND HEREBY IS~
APPROVED, SUBJECT TO THE FOLLOWING CONDITION:
(CONTINUED ON PAGE TWO)
DATED: May 6, 1983.
Form ZB4 (rev. 12/81]
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3Q98
Matter of HENRY JOHN PAVLAK
Decision Rendered April 27,
1983
That this accessory structure not exceed 15' from the rear
property line (and be no close~ than 10' as requested).
Location of Property: 3505 Grand Avenue, Mattituck, NY; County
Tax Map Parcel No. 1000-107-01-05.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douqlass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRII~ ,~ER. CHAIRMAN
CHARLES GRIGONIS JR.
SERGE DOYEN; JR.
ROBERT J.'DOUGLASS
JOSEPH'H. SAWICK[
Town Board o£Appeals
MAIN RE}AD- STATE RE3AD 25 S[3UTHOLD. L.I., N.Y, 11971
TELEPHONE (516 765-1809
NOTICE IS HEREBY GIVEN, pursuan~ to Section 267 of the Town
Law and the Provisions of the ~imended 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, APRIL 20, 1983
commencing at 7:30 p.m. and as follows:
7:30 p.m. Application for ROBERT AND JOANNE DEVOE, by Irving L.
Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to
Section 280-A, New York Town Law, for approval of access over a
private right-of-way located off the north side of Main (S.R. 25)
Road, at Terry's Point, Orient, NY; Parcel in Question: Subdivi-
sion Lot 3 of Minor Subdivision of Jonathan D. Stern; County Tax
Map Parcel No. 1000-17-02-001.2.
7:35 p.m. RECESSED HEARING: Application for ERNEST H. PRUSSNER,
by Abigail A. Wickham, Esq., Main Road, Mattituck, NY.
7:45 p.m. Application for ANDREW KRUPSKI and another, by
William B. Smith, 220 Mechanic Street, Southold, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-3t~ for approval
of two lots having insufficient area and width. Location of Property:
Lots 23, 24 and 25 of Subdivision Map of Jonathan T. Overton;
more particularly known as 1460 Town Harbor Lane, Southold, NY;
County Tax Map Parcel No. 1000-064-05-12 and 13.
7:50 p.m. Application for N. CHARLES AND SYLVIA DeLUCA, by
Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to
the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for permission to construct one-family dwelling with deck addition
with an insufficient rearyard setback, at 1235 Wells Road, Peconic,
NY; County Tax Map Parcel No. 1000-86-2-pa~t of 1.
7:55 p.m. Application for LULA MAE LATHAM, by Twomey, Latham
and Shea, Esqs., 33 West Second Street, Riverhead, NY for a Variance
to Section 280-A, New York Town Law, for approval of access over a
private right-of-way located off the south side of Main (S.R. 25)
Road, Orient, NY; Parcel in Question: 1000-019-01-010.
~Fage 2 - Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting for April 20, 1983
8:00 p.m. Application for RO~ER L. MUNZ and VICTOR CATALANQ,
by Philip J. Cardinale, Esq., Main Road, Drawer W, Jamespors, NY
for a Variance to the Zoning Ordinance, Article VII, Sections4100-70
100'71,Article VIII, Sections 100-80 &100-81 for permzssion to estab-
lish retail sales of boats on this 17,193 sq. ft. parcel, in-a
B-I Zone. Location of Parcel: 13175 Main Road, Mattituck, NY;
County Tax Map Parcel No. 100~-140-03-038.
8:05 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO,
by Philip J. Cardinale, Esq., Main Road, Drawer W, Js/nesport, NY
for a Special Exception to the Zonzng Ordinance, Article VIII,
Section 100-80(B) [14] [15] for permission to utilize premises for
boat sales on the premises in question zoned B-1 General Business,
which use is permitted in a C-Industrial District by Special
Exception. Location of Property: 13175 Main Road, Mattituck, NY;
p Parcel No'. 1000-140-03-038. ~
8:10 p.m. Application of HENRY JOHN~PAVLA~ 3505 Grand /
Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, ~
Article III, Section 100-32 for permission to construct accessory~
garage s~ructure in the sideyard.area. Location of Property.'~%~
3505 Grand Avenue, Mattituck, NY, County Tax Map Parcel No. 1000~
107-01-005.---- ~%
8:15 p.m. Applicat±on for JOHN F. AND MARY McFEELY, by
Gandia Associates, Inc., 19 Brookfield Road, Northport, NY for
a Variance to the Zoning Ordinance, Article III, Sections 100-31
and 10.0-32 for permission to locate dwellin? with an insufficient
sideyard setback from the east side line, and establishing front-
yard location of existing garage structure. Location of Property:
South Side of Peconic Bay Boulevard, Laurel; County Tax Map
Parcel No. 1000-128-02-009.1.
8:20 p.m. Application of ANNE POLASHOCK, 570 Third Street,
New Suffolk, NY for a Variance to the Zoning Ordinance, Arti61e
III, Section 100-31 for permission to replace and increase size
of existing porch. Existing and proposed construction will exceed
20% of lot coverage. Location of Property: East Side of Third
Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-021.
8:25 p.m. RECESSED HEARING: Appl~i~ation for .NORTH FORK BAPTIST
CHURCH, C.R. 48~a~d Westphalia Road, Mattituck, NY
~ II! c~ lhh--Q1
~nsufficicnt ...... ~ frontage along .....
~age 3 - Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting for April 20, 1983
8:35 p.m. Application for DOROTHY REISE (Owner) and RI~L REALTY
CORP. (Contract Vendee)~ -by Rudolph H. Bruer, Esq., Main Road,
Southold, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-30(A) and (B) for permission to construct garage and
tennis court with fencing, for principal use on this vacant parcel.
Location of Property: 675 Private Road No. 18A (East*Hyatt Road),
Southold~ NY; County Tax Map Parcel No. 1000-50-3-9.
Any persons wishing to be heard concerning the above matters
should appear at the times and place above specified.. For addi-
tional information, please ~ontact Linda Kowalski, Secretary, at
765-1809 (or 765-1802).
DATED: April 5, 1983.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
Instructions to newspapers:
Please publish once, to wit, Thursday, April 14, 1983 and forward
one affidavit of publication to: Board of Appeals, Main Road,
Southold, NY 11971. (Tel. 765-1809).
................................................................... X
Copies to the following on or about Monday, April tl, 1983:
Suffolk Times, Inc. (personally delivered)
L.I. Traveler-Watchman Inc. (personally delivered)
Town Clerk Bulletin Board
Mr. Victor Lessard (Building Dept.)
Supervisor Pell
Town Board Members
Irving L. Price, Jr., Esq., Attorney for Rober~ and Joanne DeVoe
Abigail A. Wickham, Esq., Attorney for Ernest H. Prussner
Mr. William B. Smith, for Andrew Krupski
Richard F. Lark, Esq., Attcrney for N. Charles and Sylvia DeLuca
Twomey, Latham and Shea, Esqs., for Lula Mae Latham
Philip J. Cardinale, Esq. for Roger L. Munz and Victor Catalano
Mr. Roger L. Munz
Mr. Victor Catalano
Mr. Henry J. Pavlak
Gandia Associates, Inc., for John F. and Mary McFeely
Mrs. Anne P~lashock
Mr. Gerry L. Horton, for Ncrth Fork Baptist Church
~North Fork Baptist Church
Rudolph H. Bruer, Esq. for Rial Realty Corp. (Dorothy Reise)
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y:
NOTICE OF DISAPPROVAL
File No ..............................
........ ~e,...~..{~.. ?~ ;~.
PLEASEXAKENOXICE~atyourapp~cationdated ................. .~..(~ 19~.
fo~ ~ ~o ~o~ ..... ~~..~:~ e*.~ n~, 3 .................. ,.-~
Location of Property ..3&; '~d ~ .......... '~ f:'~ 2~gi ....... g/'~ :~'-':'': ...... ~$~5i
cou~,y Tax ~ ~o. ~000 Sect~o, ...... /.q.Z.. ,lo~k ........ ~ ..... [o~ ~T .......... -
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and d~approved on the foflowing ~ounds ..... ~{ ~:~... ~.~ ~
Building Inspector
RV 1180
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-180:2
Examined ................. 19 ...
Approved ................. 19... Permit No ............
Disapproved a ..
Application No ..................
!
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date.. ~..~. ....... 19 ~.~..
INSTRUCTIONS ~
a. This app~icati~n must be c~mp~etaly ~ed in by typewtiter ~r in ink and submitted t~ the Bui~ding Inspect~r, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule. ,:
b. Plot plan showing location of lo[ and of buildings on premises, relationship [o adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk CounW, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees [o comply with all applicable laws, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in building for necessary inspectT.~... ~o,~L
(Signature of applicant, or name, if a corporation)
..... !! 75 . .........
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, en~neer, general contractor, electrician, plumber or builder.
Name of owner of premises ....~.~..~.~.)/...~.,. ?...OJ~... C~...'.. 4...F....~......~...~.~ ....................... (as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No ...... ~ ...............
Plumber's License No .........................
Electrician's License No. . ~. ~
Other Trade's License No.
1 .~-L-~ ~f l~nd on wh'~zh proposed work w21 bc done ..................... ~.. 7'. .................. [ .....
House Number Street Hamlet
County Tax Map No. 1000 Section .................. Block .... - .............. Lot...-7.. ...............
- Filed M
Subdivision ..................................... ap No .............. Lot ...............
(Name)
State-existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy ................... ~ .. ?., ~: .6. i;*:?: :'. ................
. Intended use and occupancy ........, ., :..'.'._: '~ ........
3. Nature of work (check which ap~,~.zable): New Building . .~. ...... Addition ..... -~. .... Alteration
Repair .. 7. .......... Removal ..... ' ......... Demohtion ...Z ...... ' ....Other Work .~.~... .......
, , ~. (Description)
4. Estimated Cost .~... f..0.07..:..~.~.O..0 ............ Fee ..............................
(to be paid on filing this application)
5. If dwelling, number of dwelling,units ............... Number of dwelling units on each floor ................
If garage, number of cars ....~....?a~h-.. ..............................................................
6. If business, commercial or mixed occupancy, specify natu~ and extent of each type of use ............. .~ ......
7. Dimensions of existing structures, if any: Front .... j?~..5.~. ......Rear ...~..~. .... Depth ...~.
Height ............... Number of Stories .... ~. ?.. ~ .... C...JJ'P~.. ......i i i i ........... ' .........
Dimensions of same structure with alterations or additions: Front ' Rear
Depth ...................... Height ....... : .....- ......... Number of Stories.. :-. ..................
8. Dimensions of entire new construction: Front -~ Rear $ ;~ Depth
Height .../. ~ ....... Number of Stories I
9. Size of lot: Front .... ..4~. ~ ......... Rear ........ ."7. ............ De~th ...', .~. ................
10. Date of Purchase ....... [q.~q ........... Name of Former Owner ...~'.~
.......... ~u.~-_-._'~ .........................
1 1. Zone or use district in which premises are situated .....................................................
12.' Does proposed construction violate any zoning law, ordinance or regulation: ................................
1 3. Will lot be regraded ........ ~ .... ~ ....... Will excess_ fill b_e removed frpm premises: 5zes- No
14. Name of Owner of premis,~s ,./~e6t~ ~..~ ..... Address F.Q[~..~.. ](v~.l.~' Phone No..~.~. ~q$.,.T;b, .....
~ Name of Architect . .17...c~*fi?~.....~.~..G.~ .... Address . ~ .......... Phone .
Name of Contractor ..... ~ ................. Address ......... ~ ......... Phone No... T. ...........
PLO~ DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
STATE OF NEW YORK. S.S
COUNTY OF .................
.............. ~',...~..o?1..~/...~..ff/.a .~..0. C ............. being duly sworn, deposes and says that he is the applicant
(Name of individual signing contract)
above named.
e sthe ................ ..... ....................................... .....
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his knowledge and belief; and that the
work w/il be performed in the manner set forth in the application filed th'erewith.
Sworn to before me this
.q
.da.y of ., 19
~4o. ~71 ~a~ (Signature of applicant
~.~CEtVE~) TOWN OF SOUTHOLD, NEW YORK
}~IARiI~p~3L FROM DECISION OF BUILDING INSPECTOR
Town CJ~r_~
TO THE ZONING BOAR~ OF APPEALS, TOWN OF S~THOLD, N. Y.
NO. D
Name of Appellcmt Street and Number
.~.z&i52~..~.,iT.~,O.~..[~,:~..~.q~...~......~,.Z..~. ......................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ....~:]~Z~.~...i.0..~...~,.9..8.~ ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
H. Joh~ ?avlak
Nome of Applicant for permi[
of
................. . :ork lZ95
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
_ermzsszon to build accessor? garaRe in side yard
1. LOCATION OF THE PROPERTY .........
Street '0se District on Zoning""r '"~"~Map
...i.O.7. ......... , lo~k..! ...................... .5. ...................
MOD No Lot No.
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
~_rtzcle Iii Section 1OO~32
3. TYPE OF APPEAL Appeal is mode herewith for
(~[) A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to [ack of access (State of New York Town Law Chap. 62 Cons. Laws
Art 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A prewous appec (J~.c~:(has not; been made with respect to this decision
o] tnt Building Inspector or with respect ~o this property.
Such appe~] was t ) request for a special permit
¢ ) request for a variance
aha was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
~ A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
)
~s requested for the reason that accessory
as we he~e zzo back y~.rcl.
must be built
side
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary J, ARDSHIP because we ~a~e ~o oac~ ~a~do
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 ~]ac> z~?ope~?~y ~_~me ±s _;2~~
behin~ the ~zouse leavim~ no aiter_,~a~iYe hue to build ~he accessory
garage in ~he side yard.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because 8~.:L~ t:arage wo~i~ be
~z±d~ th~ ~iil _fit i~ well wi~h its
STATE OF NEW YORK )
COUNTY ~I ss '"'~-'~'~'~"~'"'"~"Signature '~'~"'~'"'~'
Sworn tc this ........... .~..%~..~ ................ day of .~.~.-~- .................... 19~__~
OF' PP..O PE P.."FY
~: 0.9Z65
o~.
Southold Town Board of
Appeals
~'~ ~°~' ~ ~°~ ~ ~°~°~/:~"~i~,'/LL
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLAS$
JOSEPH H. SAWICKI
May 10, 1983
Mr. and Mrs. H. John Pavlak
P.O. Box 962
Mattituck, NY 11952
Re: Appeal No. 3098 - Garage in Sideyard
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
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
Memor~tum from . . . .
BUILDING INSPECTORS OFFICE
TOWN OF SOUTHOLD
TOWN HALL, SOUTHOLD, N. Y. 11971
765-1802
Property..: Lots 23, 24 and 25 of
Subdiv~p of Jonathan
T. 0v~l; more particularly'~
known'~[{' 1460 Town Harbor
Lane, Southold, NY; County
Tax Map Parcel No. 1000-064-
05-12 and 13.
7:50 p.m. Application for N.
CHARLES AND SYLVIA
DeLUCA, by Richard F. Lark,
Esq., Main Road, Cutchogue,
NY for a Variance to the~
Zoning Ordinance, Article HI,
Section 100-31, Bulk Schedule,
for permission to construct
one-family dwelling with deck
addition with an insufficient
rearyard setback, at 1235
Wells Road, Peconic, NY;
County Tax Map Parcel No.
1000-86-2-part of 1.
7:55 p.m. Application for'~
LULA MAE LATHAM, by
Twomey, Latham and Shea,
E.sqs., 33 West Second Street,
Rwerhead, NY for a Variance
. to Section 280-A, New York
Town Law, for approval of
access over a private
way located off the south side
of Main (S.R. 25) Road,
Orient, NY; Parcel in Ques-
tion: 1000019-01-010.
8:00 p.m. Application for
ROGER L. MUNZ and
VICTOR CATALANO, by
Philip J. Cardinale, Esq.,
Main Road, Drawer W,
Jamespert, iVY for a Variance
to the Zoning Ordinance,
Article VII, Sections 100-70 &
100-71, Article VIII, Sections
100-80 & 100-81 for permission
to establish retail sales of
boats on this 17,193 sq. ft.
parcel, in a B-1 Zone. Location
of Parcel: 13175 Main Road,
Mattituck, NY; County Tax
. Map Parcel No. 1000-140-03-
038.
8:05 p.m. Application for
ROGER L. MUNZ and
VICTOR CATALANO, by
Philip J. Cardinale, Esq.,
Main Road, Drawer W,
Jamespert, NY for a Special
Exception to the Zoning
Ordinance, Article VIII,
Section 100.00(B)[14][15] for
permission to utilize premises
.for boat sales on the premises
m question zoned B-1 General
Business, which use is
permitted in a C-Industrial
District by Special Exception.
~:~! Location of Property: 13175
LEGAL NOTICE i Main Road, Mattituck, NY;
NOTICE IS HEREBY Co
· . un~y Tax Map Farcel No
GIVEN, pursuant to Sectmn 10O0-1~/~fi~,o3a '
257 of the Town Law and the '~,,,{~t~*''~°-
p m Application of
I}rovisions of the Amended
-, .... /HENRY JOHN PAVLAK, 3505
~£ode of the Town of ~oumola, ! Grand Ave-n-~ '
- i ~.,rana Avenue, Mattituck, NY
~_ Regular Meeting and the Ifur a V~ri~-,~ '
· .- Imf a variance m the Zoning
following Public Hearings wm k)rdinanc~-.~ '
{ora~nance, Article III, Section
be held by the Southold Town ~100-32 ~---~ '
. .~too-oz Ior permission to
Board of Appeals on ~' · -:-
N. construct accessory garage
WEDNESDAY, APRIL ~0, . x ....... -.;- .
I -cructure in me Slaeyard area.
.1.98.3., at t. he Sou,th~old Town 1~UcaC~inu~ft~roperty: 3505I
flail, Mum Roau, oouthold, ~ j~rand Avenue, Mattituck,
~CsO~o~loewnCs~.ng at 7:30 p.m. and /.~]_-~_o_ '.u~_{;'~ax Map Parcel
7 3 ' .. . ' No. 10~0-107-01-005 ~
· ,.'.~or,~.a ntno JO.~O{O{l~ ' JOHN F AND MARY
DEVOE, by Irving L. Price,
Jr., Esq., 828 Front Street,
Greenpert, NY for a Variance
to Section 280-A, New York
Town Law, for approval of ac-
cess over a private right-of-
way located off the north side
or Main (S.R. 25) Road, at
Terry's Point, Orient, NY;
Parcel in Question: Subdivi-
sion Lot 3 of Minor Subdivision
of Jonathan D. Stern; County
Tax Map Parcel No. 1000-17-
02-001.2.
7:35 p.m. RECESSED
HEARING: Application for
ERNEST H. PRUSSNER, by
Abigail A. Wickham, Esq.,
Main Read, Mattituck, NY.
7:45 p.m. Application for
ANDREW KRUPSKI and
anlmther, by William B. Smith,
22~ Mechanic Street, Scuthold,
_N~. for a Variance to the
_Zdping Ordinance, Article III,
S~ction 100-31 for approval of
two lots having insufficient
area and width. Location of
McFEELY, by Gandia
Associates, Inc., 19 Breokfield
Road, Northport, NY for a
Variance to the Zoning
Ordinance, Article III,
Sections 100-31 and 100-32 for
~ permission to locate dwelling
with an insufficient sideyard
setback.from the east side
line, and establishing front-
yard location of existing
garage structure. Location of
Property: South Side of
Peconic Bay Boulevard,
Laurel; County Tax Map
Parcel No. 1000-12~ff2.009.1.
8:20 p.m. Application of
ANNE POLASHOCK, 570
Third Street, New Suffolk, NY
for a Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to
replace and increase size of
existing porch. Existing and
proposed construction will
exceed 20% of lot coverage.
Location of Property: East
Side of Third Street. New
Suffolk, NY; County Tax M_apl
parcel No. 10O0-1 7!Z_-~t. }
8:25 p.m. App]i"d~r~ for
NORTH FORK BAPTIST
CHURCH, C.R. 48, Mattituck,
N.Y. (Recessed from March
23, 19~).
8:35 p.m. Application for
DOROTHY RE1SE (Owner)
and H1AL REALTY CORP.
(Contract Vendee), by
Rudolph H. Bruer, Esq., Main
Road, Southold, NY for a
Variance to the Zoning
Ordinance, Article III, Section
100-30(A) and (B) for
permission to construct
~earage and tennis court with
ricing, for principal use on
this vacant parcel. Location of
Property: 675 Private Road
No. 1SA (East Hyatt Road)~
Southold, NY; County Tax
Map Parcel No. 1000-50-3-9.
Any persons wishing to be
heard concerning the above
matters should appear at the
times and place above
specified. For additional in-
formation, please contact
Linda Kowatski, Secretary at
765-1809 (or 765-1802).
DATED: April 5, 1983.
· ' BY ORDER OF
~ THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
~: CHAIRMAN
1TA14-4220 ' '
OF NEWYORK )
)SS:
¥ OF SUFFOLK )
W. Gustavson -,
.......................................................... m Greenhorn, in said County,
I~she is a representative of THE SUFFOLK TIMES, a weekly
aper, published at Greenport, in the Town of Southold, County
ilk, State of New York, and annexed is a printed copy that has
egularly published in said newspaper once in each week
~:0.~ ......... week(s) successively, commencing the..~**.~..~.~, day
.................... ...............
......
1 4th
o before me this ............................................
...... JL~.I .................... ~9......~.~. ........................
HELEN K. DE VOE
~TARY PUBLIC, Stale ot New York
No 470787~, Suffolk Count_y~.
Term Expires March 30,
NOTICE ,
NOTICE iS HEREBY oIV-
EN, pursuant to Section 267 of
the Town Law and the Provt,
sions of the Amended Code of
the Town of Southold, a Regu-
lar Meeting and the following
Public Hearings will be held
by the Southold Town Board of
Appeals on Wednesday, April
20, 1983 at the Southold Town
Hall, Main Road, Southold,
New York, commencing at
7:30 p.m. and as follows:
7:30 p.m, Application for
ROBERT AND JOANNE De-
VOE, by Irving L. Price, Jr.,
Esq., 828 Front Street, Green.
port, N.Y. for a Variance to
Section 280-A, New York Town
Law, f~r approval Of acces~
over a private right-of-way
located off the north side of
Main (S.R. 25) Road, at
ry's Point, Orient, N.Y.; Per-
cel in Question: Subdivision
Lot 3 of Minor Subdivision of
Jonathan D. Stern; County Tax
Map Pereel No. 1000-17-02.
001.2; ·
7;~s.' p.m. REC~SSb. n
HEARING: Applicatio~ f~
ERNES~ I~I~ PRUSSNER, by~
Main Road, Mattituck, N.Y.
7 45 p.m. Application for
ANDREW KRUPSK1 and an-
other, by William B. Smith,
220 Mechanic Street, South-
old, N.Y. for a Variance to the
r~tall sales of boats un this
17,193 sq. R. parcel, in a B-1
zone. Location of Percel: 13175
Main Road, Mattituck, N.Y.;
County Tax Map Parcel No.
1000-140-03-038.
~ 8:05 p.m. Application for
ROGER L. MUNZ and VIC-
TOR CATALANO, by Philip $.
Cardinale, Esq., Main Road,
Drawer W. Jamesport, N.Y.
for a Special Exception to the
Zoning Ordinance, Article
VHI, Section 100.80(B)
[tS]~for:,permisoion to utilize
premises for boat sal~s on th&
premises in question zoned
B-1 General Business, which
use is permitted in a C-indus-
trial District by Special Excep-
tion. Location of Property:
13175 Main Road, Ma~iturk,
N,Y.; County Tax Map Percel
No.
~"~8~.m. · Application o
HENRY JOHN PAVLAK, 3505
Grand Avenue, Mattituck,
N.Y. for a Variance to the
Zonin~Ordinance, Article HI,
Section 100.32 for permission
to construct accessory garage
structure in the sideyerd area.
Location of Property: 3505
Grand Avenue, Mattituck~'~
N.Y.; County Tax Map parcel'
No. ~000497-0~-00~.,
8:15 p.m. Application for
JOHN F. AND MARY Mc-
FEELY, by Gandia Associates,
Inc., 19 Brenkfield Road,
Nor~hport, N.Y. for a Variance
to the Zoning Ordinance, Ar-
ticie I~, Sections 100-31 end
100-32 for permission to locate
dwelling with an insufficient
sideyard setback from the east
side line, and establishing
frontyard location of existing
gerage structure. Location of
Prope~y: South Side of Pacon-
ic Bay Boulevard, Laurek
County Tax Map Parcel No.
COUNTY OF SUFFOLK
SS:
STATE OF NEW YORK
Patricia Wood, being duly 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 of ......... ~ .................... 19....~.~..
Swam to before me this J ~/~ day of
P~orary rublic ~
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL SI,\] [SIICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
March 15, 1983
To:
Southold Town Zoning Board of Appeals
From Judith T. Terry, Southold Town Clerk
~TT/bn
Transmitted herewith is Zoning Appeal No. 3098 application of Henry John Pavlak
for a variance. Also included is notification to adjacent property owners;
Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands
Land-Use; Notice of Disapproval from the Building Department and survey.
Southold Town Clerk
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
~ John ?avlak :
to the Board of Appeals of the Town of Southold :
TO:
Board of Appeals
Town of Southold
Soutbold, NY 11971
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
torequesta~,~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: .9265 acre at 5505 Grand Ave.
3. That the property which is the subject of such Petition is located in the following zoning district:
Residential - County Tax Tiao loon Section 107 Block 1 Lot 5
4. That by such Petition, the undersigned will request the following relief: Build accessory
~ra~e in s~de y~d. We h~v~ no b~nk v~rd_
.5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-~
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. , n ~)0~~
Dated: March la, 198~
H. John Pavl~k
Petitioner
Post Office Address
P.O. Box q62
Hattituck, NY
11952
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P 44-2 811 362
RECEIPT FOR CERT FlED
NO INSURANCE COV RAGE PROVIDE ~
P 442 811 361
RECr:IPT FOR'""'~',~"~'"~FiED MAIL
NO INSURANCE COVLRAGE PROVIDEO
NOr FOR INTERNATIONAl. MAlE
P 442 811 360
RECEIPT FO~FIED MAIL
,'x~0 INSURANCE COVf RAGE PROVIDED -
NgT FOR I~TERNATIONA[. MAIL
Date, dnd Addres~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
.~ *~ ~¢~. ~t~,.~ . ~ ~ Ck , . being duly sworn, deposes and say; that on the )~h day
of ~ ~ rcK, ' ' ,19'~ , deponent mailed a true copy of the Notice set forth on the re.
verse si~e h~reof, directed to each of the above-named persons at the addresses set opposite thor respective
name; that the addresses set opposite the nam~ of said persons are the addresses of said persons as shown on
the current ~s~e? roll of the To~n of Southold; that said Notic~ were mailed at the United States Post ~-
rice at ~ ~c~ ~ ~m r ~ that said Notices were mailed to each of said persons by
(certified~ (registered) mail. ~ '
Sworn to before me this ~
day of ~ ~ r~ IL~ , 19
Notary Public
ELIZAB~'H ANN NEVILLE
NOTARy PUBLIC, State of New York
riO, 52.8125850, Suffolk County
Term Expires March 30, 19J~'~/
~EIiVI .C ...... T,~L ASSESSbt~N~ Eux~'~
.'? 'iuSTRUCTIONS:
? ~ order to answer the questions in this short EAF it is assumec
that the preparer v/ill use. currently available information concerning the
project and tho likely impacts of the octio'n. It is not expected that
additional studies, research or other investigations will be undertake.n.
(b) If any question has been answered Yes the project may be
significant end a completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely %hat lhis
project is __
(dj
not significant.
Environmental Assessment
}. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? ................ : ....... ,
2. ¥;itl there be o major chonDe to any unzque or
-unusual land form found on the sit&? .........
3. %'/ill project alter or have a targa' effect on '
existing body of water? ......................
4. YJill project hove o potentially large impact
on groundwater quality? .................... --
5. %'/ill project significantly effect drainage
flow on adjacent sites? .......................
6. Will project affect any threatened or
endangered plant or ~nimol species?. ..
7. Will project result zn o raojor adverse ~}~g~"
on olr qaality? ..................... i;;;i .... "
8. Will project hove o major effect on v
character of the communily or scenic views or
vistas known to:be important to the community?
~. Will project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designated as o critical environmental area
by a local agency? ............ =~...~.v.....v.~..v__
10. %'Jill project have a major effect on existing
or future recreational opportunities? .........
11.' %'/ill project result in.major traffic problems
o~ cause a major effect to existing
12. Will project .regularly cause
odors, noise, glare, vibration, or electrical
disturbance os a result oF the project's
operation? ......... ' ............................
13. %?ill project hove an)' impact on public health
or.safety? ....................................
lg. Will p~oject affect the existing community by
directly causing a growth in permanent
population of more then 5 perccgt over o one
year pcrlod or hove o major negative effect
on tile charactcr of the community or
neighborhood? .................................
15. Is there public controversy concerning the
project? ......................................
Yes /No
Yes /NO'
Yes./No
Yes'~_o
,,Yes,/N~
Yes '~No
. Yes ~o
Yes/No
Yes /No
Yes ,"/No
Ye'
Yes V/No
Yes
Yes V~NO
PREPARER'S SIGHATURE
REPRESENTING
(Today's Date)
To:
Re:
Southo!d Town Board of Appeals
~lain Road
Southold, NY 11971
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 iQ the within appeal application:
(please check one box)
[ ] May be located '~' ' 300 feet of tidal wetiands,
however, constructed along the water-lying edge
of this prouerty is a bulkhead in very good
condition and at least 100 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 in need of (minor)
(major) repairs, and approximately feet in
le.~gnn.
[ ]
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,
(Sig,~a t~e please)
NOTE: If proposed project falls wit%kin D.B.C. jurisdiction,
approval must be received an.~ submit{&d to our office before
your application can be scheduled for a public hearing.