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HomeMy WebLinkAbout3095~,P-ENNYr GEORGE, ,-& -.$¥BIL .............................. ~ ......... ~3~095 9305 Soundview Ave., Southold 3/23/83 A-construct swimmingpool and fence in front and side yard areas. 59-6-21. Southold Town Bo ppe. ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3095 Application Dated March 7, 1983 (Public Hearing held TO: Mr. and Mrs. George L. Penny IV Soundview Avenue Southold, NY 11971 3/23/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held the above appeal was on your on March 23, 1983 considered, and the action indicated below was taken 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 100-32 [ ] Request for The public hearing on this application was also held on March 23, 1983. Upon application for GEORGE AND SYBIL PENNY, by Skinny Dip Pools Inc., Box 108, Mattituck, NY for a Variance ~o 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. The board made the following findings and determination: By this appeal, applicants seek permission to conssruc~ a 20' by 40' ~nground swimmingpool in an area easterly of applicants' existing dwelling structure deemed to be front and side yards. The pool struc- ture will be set back from the easterly property line a minimum of 45 feet and approximately 50 feet from the residence. Upon viewing the property in question, the board finds there is minimal rearyard area available for new construction and therefore the rearyard would no~ be practical. The premises contains an area of 1.78 acres with 200' frontage along Soundview Avenue and approximately 399' frontage along Great Pond. Under the circumstances, the board agrees with the reasoning of applicants. 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 canno~ 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 in~eres~ of justice will be served by allowing the variance, as indicated below. On motion by Mr. Sawicki, .seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3095, application for GEORGE AND (CONTINUED ON PAGE TWO) DATED: March 30, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3095 Matter of GEORGE AND SYBIL PENNY Decision Rendered. March 23, 1983 SYBIL PENNY for permission to locate inground swlmmingpool and fence in the front and side yard areas, BE AND HEREBY IS APPROVED AS APPLIED FOR. Location of Property: 9305 Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-59-06-021. Vote of the Board: Ayes: Messrs. Douglass and Sawicki. (Member Doyen of This resolution was unanimously adopted. Goehringer, Grigonis, Fishers Island was absent.) RECEIVED AND FILED BY Tt~ SOUTHOLD TO%%rN CL ~PJ~ ~ Town Cl~¢k, To'wn APPROVED ,~- ?~'-~m./ _.. Chairman Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-5 SOU'J'HOLD, L.I., N.Y. 11cj'71 TELEPHONE 516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONI$. JR. SERGE DOYEN. JR. ROBERT J, DOUGLASS 30SEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 27~ of-the ToWn Law and the Provisions of the ~mended 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 ~o 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, Greenpor~, 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 ~o construct one-f~mily dwelling ~n this "C-Light Industrial"'~one. 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 ~ Variance to the Zoning Ordinance, Article III, Section 100-31 for ~ermission ~o 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 ~he 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. PRUS~ER, 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. /~.'05 p.m. Application for GEORGE AND SYBIL PENNY, By Skinny ~ip~.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 Parcel ID No. 1000- Map 8:10 p.m. Application of FRANE 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. 8:15 p.m. Rehearing in the matter of ANN O'SULLIVAN, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Var£ance for approval of ~ccess pursuant to New York Town Law, Section 280A. Location of Parcel in Question: 5692 Maid Bayview Road, Southold, County Tax Map Parcel ID No. 1000-78-4-41.2. NY; 8:25 p.m. Application for PO~T OF EGYPT ENTERPRISES, IN~., Paga 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 Ordinancev Article VIII, Section 100-80A for permission to construct addition with an insufficient ~rontyard setback and to use p~oposed addition for retail sales,in this'"C-Light Industrial" Zone. Location of Property: 625~0 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 Secret~ry at 765-1809 (or 1802), Dated: March 1t, 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, affidavits of publication to: Board of Appeals, NY 11971 on or before March 22, 1983. 1983 and forward Main Road, Southold, TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFF~E SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date PLEASE TAKE NOTICE that your application dated .............................. for permit to construct...~ ./2~...~d..~.. ~ .......................... ~. ....... at ' ' Hous~ No. Street I:t~r~let County Tax Map No. 1000 Section ..... .~...7... Block .... ..~. ....... Lot ¢..~. ....... Subdivision ................. Filed Map No ................. Lot No ................. is return]d herewith and disapproved on the following grounds.:;...~.~, c ~ .~.. ,~2~ Building Inspector RV 1180 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 ~xamined ................. 19... Application No .......... ' ........ a, pproved ................. 19 ... Permit No ............ (Building. Inspector) APPLICATION FOR BUILDING PERMIT D&te .M.~.r. 9.h. .9. .......... 19.87. INSTRUt~TIONS a. This application must be completely filled in by typewriter or in ink and submitted tothe Building Inspector, with 3 :ts of plans, accurate plot plan to scale. Fee according to Schedule. b. Plot plan showing location of lot and of buildings 0~ premises, relationship to adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn an the diagram which is part of this appli- ation. c. Tbe work covered by this application may not be 'conimenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the work. e. No building slmll be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy hall 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 ..uilding Zone Ordinance of the Town of Southold~ Suffolk County, New Yj~, and other applicable Laws, Ordinances or .egulations, for the construction .of buildings, additions or alterations, or/for ~emoval or de,,molition, as herein described. he applicant agrees to comply wuth all applicable laws, ordinances, building ~ode, housingr}ode~ and regulatio, ns, and to Jmit authorized inspectors on premises and in building for necessary inst~cti~fcs..~_- ~,/ ,4r ,~ S/x,,~,~I 0~?', ...... ............ !¥ (Signature of applicant, or name, if a corporation) (Mailing address of applicant) rate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..... c..<ny~r. ~..c.t.o.r/..ff. 7~..~... .................................................................. ~me of owner ^~,rem~ses .... .G?.0.~..G.~..~.. ?.~?. ¥...I.V. ................................................ ~'~'~ /-fl / (as on the tax roll or latest deed f applicai~(is a c~Vation,_~,fiature/flf duly authorized officer. Builder's License No .... .~ .a .................... Plumber's License No. ' Electrician's License No.. ~.r.~d..1 y..t. ? .7 ......... Other Trade's License No ...................... · Location of land On which proposed work will be done .... ,50..kI.[I.D..V.; .~.~..~. y.~.~.u.~.....s, qu. 7.~.qu. 9 .......... ..... i ......... i ........ House Number Street county Tax Map No. 1000 Section ...5.? ............. Block . ~....6... ....... Lot ..... 2..1 ............ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of Premises and intended USe and occupancy of proposed construction: a. Existing Use and occupancy R e $ ~ d e n c e b. Intended Use and ocCUpancy .., .S.~. i..m.m.i.n.g..P.qq .1..a.n.d...F.e.n.c..e ............................... 3. Nature of work (check which app,_~/ble): New Building .......... Addk a .......... Alteration ......... Repair .............. Removal .............. Demolition .............. Other Work ............. S~DdMING POOL AND FEqCE (Description) ;4.' Estimated Cost...8.9.0.0.'. ............................. Fee .... .$.1.5.: ............................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ............... If garage, numbe~ of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each_tNpe of use .................... ?. Dimensions of existing structures, if any: Front.. ,7.0 ........... Rear ............../U Depth ....5.0 .......... Height ............... Number of Stories ...1 .................................................... 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 ........................................................ 9. Size of lot: Front ..... 625 ............. Rear...~. ............... Depth . .2.7..2 ................ 10. Date of Purchase ...... 19 ?.2 .................. Name of Former Owner ............................. 11 Zone or use district in which premtses are situated ..... .R .e.s.J:. d..e.n.t.~, a..1 ................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: .Y..E.S ............................ 13. Will lot be regraded .N.O. ........... -...'..: ....... Will excess fill be removed from premises! _ 14. Name of Owner of premises .G.~) .R.G.E..L.:. ?.E.N...Ny.:. Addres~ 0..U.N.D...V .t.E.~..fiy.E..... Phone No. a. 7../~././.? ....... Nmne of Architect .......................... Address ................... Ptmne No ............... Name of Contractor .S.K.I..N.N.Y.. D..I ?..?...0.0.L.S.....`. Address . .M.g.T.T..I .T.U.E.K.: ...... Phone No. ~9. .8 7.5.0. 1. .0 ...... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all sot-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. SEE ATTACHED ..... STATE OF NEW Y.O R K.,r /. /2 // SS COUNTY ' ...... aK I NN.Y.. D 2[~. ]P. DOLS./..g .R f.H.U..R..F.....S.I.E.~.E..~ .L.X.N. Gbeing duly sworn, deposes and says that heis the applicant (Name of individual signing contract) above named. /~-~/~ He is the ............................ )~;~;r~;;~'-~,,~;;a't; 'o'f}i~;;,'e't~J) ............................ of said owner or ownem, and is duly authorized to perform or have performed the said work and to make and file this application; that ail statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ...... .............. ............ /':? [~Ot*r~ Ptlblic: S~afe cf Now Yor~ ................ ~'' ' ' '~-' ~0~'~'~,'' ' ~'' ' ':~*': ' '~[' ' '.~ t~gnarure o~ appncmnD No. 52-0344963 Cuf:o'.k Count,]~ Or, mm'~-'~.- D,n'r~ ~'~rch 30, 19t~O TOWN OF SOUTHOLD, NEW YORK APPEAL EROM DECISION OF BUILDING INSPECTOR Tayto Cleft( Sou~o!~ TO THE ZONING BOARD,OF APPEALS, TOWN OF SOUTHOLD, N. Y. (we) ~.~.~,~..,~:~..,~O:L~.,,~.~ ................ of ~&3:.T..T..T/J, CK..,~....~D,~ ..................... Name of AppeJlo,nt Street and Number ................ .~AT,.T.T. ~.~.L .~.,: .............................. ,~,~ ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BU LDING INSPECTOR ON APPLICATION FOR PE~IT NO ..................................... DATED ..~4,~.~......~.~ ..................... WHEREBY TH[~'BUILDING INSPECTOR DENIED TO Name of Applicant for permit ..... ....... ................................................. Municipality State of Street and Number ¢ ) .'PERMIT TO USE ( )' PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ,..;..Sg~.~.~V&~I~,~.E .......................... ~.S.~.g.~.~.T..~.~.~. .......... Street Use District on Zoning Mop :~ .............................................. ~.~. .................... ~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. TYPE OF APPEAL Appeal is mode herewitk for (~ A VARIANCE to the Zoning Ordinance or Zoning Mop A VARIANCE oue to lock of access 5tote of New York Tow.n Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 z~ PRE¥1OUS APPEAL A prewous appeal (,~ (has not) been made with respect to this aecision of the Building Inspector or with respect ro 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 ro the Zoning Ordinance ) ~s requestec for the reason thot~ ~ . ? (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary NARDSHIPbecause 2. The hardship created is UNIQUE and is not shared by all properties alike in the ~mmediate vicinity of this property and in this use district because 3 The ~anance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DiSTRiCT because ) SS Signature Sworn to this ...... .?.~.~ ............................... day o~ ,t~R~..~ ....................................... 19 8i¢ \ --- ~/ Notary Public / COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE I:'. KOPPE/MAN July 15, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Allen Ovsianik John & Frances DiVello George & Sybil Penny Roger L. Munz & Victor Catalano Roger L. Munz & Victor Catalano Charles & Sylvia DeLuca 3049 3088 3095 3100 3101 3105 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- ¢~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III, Section I00-32 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Appeal No.: 3095 Applicant: GEORGE AND SYBIL PENNY Location of Affected Land: 9305 Soundview Avenue, Southold County Tax Map Item No.: 1000- 59-6-2I Within 500 feet of: -- Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) Gre~t Pond __ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or __ Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant ~x~%r~ permission to pool mnd fence in the front ~nd side y~rd ~re~s. construct swimminq Copies of Town file and related documents enclosed herewith for your review. Dated: /4, I983 Temp. Se of AppealS' July APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TEl FPHONE (516) 765-1809 March 30, 1983 Mr. and Mrs. George L. Soundview Avenue Southold, NY 11971 Penny IV Skinny Dip Pools, Inc. P.O. Box 108 Mattituck, NY 11952 Re: Appeal No. 3095 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~ Flood Plain l, SERVIC~cIIIc Law, Chapter ii I OUNTY OF SUFFOLI( for permission t l · be.l o.w the.] DAYSMAN MOR AlS. pre,. I Il ':il~ .... t~a.~e~ J'ean ..~.~..sko . . ~ of Greenpert, in said County, m~mmum-requi I 31 Years of Prompt & $1d ........................................................ for placement | Dependable Service" I II Su~saYs~fn~/she is a representative of THE SUFFOLK TIMES, a weekly utitities and equ ! 27eo YENNECOTT DRIVE A-7 Pinod Zone I SOUT.OLO, ~.,.. ,.v. ,O?, I It B°x~ newspaper, published at Greenport, in the Town of Southold, County Property: 1010 ] East Marion. :| S'3300 StateD, a.. an..ed ,sa...ted tha has Point Filed Mai ~ ~ been regularly published in said newspaper once in each week Lot 60; Counl P~..~_l?:.O.l~.Contrs~tor~ ~ for..._..9..n...e.. ...... week(s) successively, commencing the..~.-7,,~-h day : p. , a: " of March. ,19......8....}. ............ JOHN ANI ..................................... Avenue Groonll ~II~IN~ ~ 100-31 for a ( Occupancy of 29~-4777 ' before me this-.~.~..~ ..................... King, Map No A~uminum & Vinyl $1dlng day o .............................................. ~c~.....9~. .............. ~ ......... · %ots 3 and Gutters. Remodellns, Home ,o o, o,. · °* oo o,.* ° * i~sufficient ro; fmpro~ement#, Blown ~Lot No. 3 an Insulation. . ..~'" insufficient si~ from the exisU ~ FREEESlTMATEB. ,:. ~ Lot No. 4; ' ' L: :? ~ . : NOTARy PUBLIC, State OtNew York contains an a-- one acre. ADDITIONS Igle% ~o. 4707878. Suffolk Countv~ Property: w~RENOVATIONS ~f :? ~a & ul Term £xp*res March 30', ~ule Lane M. ROOFING 765-3120 ~ounty Tax a No.t 11 .. BOB 7:40 p.m. ~ JOHN ANI: - LEGAL NOTICE · : NOTICE IS HEREBY GIVEN, pursuant to Section 276 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, l~83'commencing at 7:30 p.m/ andasfollows: · i~;~7:50 p.m. Application of Drive and 4135 Skunk Lane 7:30 p.m..Application of ~CHESTER M. MAYER, 2265 Cutchogue, NY; Hickory JAMES AND DORIS IDLER, .~King Street, Orient,.NY for i .~Acres Map 3325, Subd. Lots 1 27 Anoatok Drive, Huntington, ~ .,l:Variance to the Zoning ' and 2; County Tax Map Parcel NY 11743 for a Variance to the '~i Ordinance, Article III, Section ID Nos. 1000-97-9-15 and 16. Flood Plain Management i::i~;100-35Aforn~rmiesiontoerect . 8:15 p,m. Reh,e~ring in the Law, Ch~.Pter 46, ,,~..~ion 46-7 i:~.Ience e~ceeding .: the :; matter of ANN O SULLIVAN, for perrmsslon to utihze area,, :,~:maximum height requirement ;by Rudolph H. Bruer, Esq., below the eight-foot .~.0f four feet within the ~]ylainRuad, Southold, NYfora minimum-required elevation ~frontyard area at 2265 King p/f Variance for approval of for placement of electrical :~8treet, Orient, NY County : access pursuant to New York utilities and equipment in this i'i? Tax Map Parcel ID No. I000- '. Town Law, Section 280A. A-7 Flood Zone. Location of :.' 016-02-043.2. :.~. ~,,~ ~ ·, / Location of Parcel in 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 KOWALSK1, 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 an.,. ~ adjustment of lot line betwee6 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; County Tax Map Parcel ID No. 1000-140-02-032. 7:45 p.m. Applicatfon 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 roaryard s&tback at 2015 Bay- Avenue, East Marion, .NY; County Tax Map Parcel ID/ NO. 1000-31-174'~ , ~ 7,.55 p.m. APplication of :[Question: 5692 Main Bayview ERNEST H. PRUSSNER, 910 ;~ Road, Southold, NY; County Old Shipyard Lane, Southold, :~!Tax Map Parcel ID No; · NY for a Variance to the ~ ! ~1.2. ~.' .Zoning Ordinance, Article III, ~:!;. ~:25 p.m. Application for ~Section 100-21, Bulk Schedule~0 PORT OF EGYPT ENTER- · fer permission to construct /PRISES..INC., 62500 Main -extension ,,reducing the Road, S0uthold, NY (by ,'rearyard setback ~ and i,George A_ Cottral) for a . exceeding the 20% maximum ~{.Variance to the Zoning i allowable lot coverage at 910 i~ Ordinance, · Article VIII ! Old Shipyard Lane Southold,. ~ii~Sectionl00-80Aforpermission NY; Founders Estates Map ~to construct addition with an 834, Subd. Lot 91; County Tax ;~insufficieat':, frontyard setback Map Parcel ID No. 1000-064.04. ~.~and to use proposed addition · 00~2. ~. t~ forrotailsalesinthis"C-Light 8:00 p.m. Application of ~ '*'Industrial" Zone. Location of NORTH FORK BAPTIST ~iProperty: 62500 Main Road, : CHURCH, C.R. 48, Matiituck, - :/Southold, NY County Tax ' NY (by Gerry L. Hort0n) for a Map Parce! ID No. 1000-056-06- , Variance to the ,*Zoning 006. , ~::~;~*~.~:i~ . Ordinance, Article III~ Section ~ Any person Wishing to be 100-31 for approval ~of lot heard concerning the above having insufficient area and matters should appear at the frontage along WeStphalia times and place- above Road. Location of Entiret~., specified, or he may cOntact . Premises: C.R. 48 and the Secretary at 765-1809 (or · :Westphalia Road, Mattituck, 1802). ~ ;:.:: · .. NY; County Tax Map Parcel :.~:Dated: March 11,1983. ' ~ ::'~ :: BY ORDER OF ' i THE SOUTHOLD TOWN GEORGE AND '$YBIL PENNY, by Skinny Dip Pools ;Inc., Box 108, Mattiluck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpeol and fence in the front and side yard areas at 9305 Soundview Avenue, Southold Tax Map Parcel ID No. BOARD OF APPEALS GERARD P. GOEHRINGER .;:' CHAIRMAN Application of -FRANK AND- BRENDA and Skunk Lane NY for a Variance to Zoning Ordinahce, Article III, S~ctioes 10o-32 and 100-35, for permission to construct accessory swimmingpool, -detached garage, and fence. -.exceeding the maximu~n- ~rmztted four feet within the NOTICE 1S HEREBY GIV- EN, pursuant to Section 276 o~ the Town Law and the Provi- sions of the Amended Code the Town of Southold, · Regular Meeting and the following public hearings Will be held by the seuthold T°wn Board of Appeals on WED- NESDAY, MARCH 23, 1983 commencing at 7:30 p.m. aad 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 for permission t° utilize ~ below the eight-foot minimum.~/' required elevation for Place- merit of'electrical utilities ~ equiP~nent in _~hiz A:7 Flood, i Zone. Location of Property:' 1010 Maple Lane, East Mar- ion, N.Y.; Cleaves Point F'ded Map 4650, Subd. Lot..60 J~unty Tax Map Parcel ID SKI, 404 At'eric Avenue, C,~npo~, N.Y. ~m · V~ io the Zoning Ordinance, Ar- licle, Ill, Section 100-31 for a Certificate of Occupancy of Lot No. 3 of Minor Subdivizio· of Christine King, Map No. 117, with an adjustment of lot line .00 p.m. Application of NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck. N.Y. (by Gerry L. Horton) for a Variance to the Zoning Ordin- ance, Article III, Section 100. 31 for approval of lot having insuffiCient area and f~ontage along Westphalia Road, Malti. tuck, N.Y.; County Tax Map Parcel ID No. 1000-121-02. p.m.' APplication AND SYBIL .NY, by Skinny Dip Pools Box 108, Maltiturk, N.¥. for a Variance to the Zoning Ordin- ance, Article 1~, Section 32 for permission } ~ie'~t~TgPool and fence t and side yard areas 930~ ~oundview Avenue, Seutho!d, N.Y.; County Tax Map Parcel ID No. 1000-59. 6-21. -~, p.m. Application of FRANK AND BRENDA C{- CHANOWlcz, Lupin Drive and Skunk lane, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article I~, Sections 100-32 and 100-3~, for permission to COnstruct acces'- sory swimminipool' garage, and fence, the, ms'~num-permittod four-:, feet within the fronty~rd area- at 255 Lupin ~md 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 thor the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ../. ............ weeks successively, commencing on the ........... ../.~ ................... day ~..~C<)...~.. .................... , 19 ........ ~ Sworn to before rrm ~ CLEMF. NT J. THOMPSON NOTARY PURLIC, State of New !;o. 52-9321725 R,esidin~ in S~folk ~.uaty ~ Commission Exl~ires ~r~ :?~L l!~--.~ Legal Notice of HeOngs for March 23, 1983 ~opies to the following on or about March 14, 1983: Mr. and Mrs. James Idler, 27 Anoatok Drive, Huntington, NY'11743 Mr. and Mrs. John Kowalski, Jr., 404 Atlantic Ave, Greenport, NY 11944 Mr. and Mrs. John DiVello, Drawer 1402, WEstphalia Rd, Mattituck 11952 Ann Wyden and Peggy Heller, One Harris Court, Great Neck, NY 11021 Ann Wyden and Peggy Heller, .2015 Bay Avenue, East Marion, NY 11939 Mr. Walter Gaipa (builder), Box 247, East Marion, NY 11939 Rudolph H. Bruer, Esq., attorney for 3hester 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 JUDITH T. TERRY TOWN CLIRK 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 7, 1983 To; Southold Town Zoning Board of Appeals From; Judith T, Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3095 application of Skinny Dijp Pools,Inc for George L. Penny ~¥ 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. JTT/bn Enclosures RECEIVED TOWN OF SOUTHOLD, NEW YORK MAR 0 7 19o3 APPEAL FROM DECISION OF BUILDING INSPECTOR Town Clerk Southold TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (We) S..K..~..N...N..Y.....D.~..P.~..P..O...O..L..S........Z..N...C ................ of ...... ~.T..T...~..T..U...C..K..,.....N.,E..~....Y...O..R...K. ........................ Name of Appellant Street and Number .............. HI~.T.I.TIJJ. C~ ...................................................... i .... J~EJ~._.~.QRJ~ ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED MARCH 7 83 A/HEREBY THE BUILDING INSPECTOR DENIED TO GEORGE L. PENNY TV Name of Applicant for permit .... ~D)J~.[~..,V.~,£.~.. A.~F_ NLI. E...S OJJ.T. AO LB ............ N.E W....Y.D.R~ ............................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT FOR CONSTRUCTION OF SWIMMING POOL /~ND FENCE ]. LOCATION OF THE PROPERTY ..S.O..U..N..D.y..I.E.,.W..A..V..E...N~.U..E......~.-~.~.I.~(.......R..E...S..~..D..E...N..T.T..~.8..L... Street Use District on Zoning Map 21 Iv%ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section arc Paragraph of t~ng Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (/~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARLANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Lows 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 Gppeol was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (b/)~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~' l~m~n ZB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because There Ls LnsufficLent back yard area and access to same is nearly impossible. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because THEY HAVE A LARGER AREA IN THE REAR YARD WITH 'GREATER ACCESS. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There Ls adeauate brush and woodland between where the pool will be located to seclude it from both neighbors and the street. STATE OF NEW YORK COUNTY~ SS Signature Sworn to this .......-.7.~!) ................................. day of..l~.'~.~.¥' .................................... : ...... 19 83 '" Not~ry Public / BOARD OF APPEALS, TOWN OF SOUTHOLD ~ ' In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~!ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request~ (Var'lance~Special Exception) (Special Permit) (Other) ). cribed as2'follows:That the pr Ol~e.r tyT_/~ xwhich~-/gis the subject~ ~.. ¢~-'7~'~?c°f the Petition ~is located adjacent~/O/~'t°'y°ur' pro~rty and is des- 3. T~h~ ~,he 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: TNSTALI SWIMMTNC~ POOL AND FENCF IN FRONT Y~RD signed areS' ThatArticlethe provisions~of the SouthOldsec,r~.c~Town Zon~C~e applicable..~ ~t° ~the ~relief sought by the under- 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (53.6) 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 le:],st'l~ days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattitu~Watc~man, newspapers published in the Town of Southold and designated for the publication of sUch noti,g~s; that/~ou or your representative have the right to appear and be heard at such hearing.Dated. March 7 1983~/~1 ,~f/-~/(~ ~~ Petitioner Post Office Address SKINNY DIP POOLS BOX 108 MRTTITUFCK, NEW YORK NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 270 196 340 RECEIPT FOR CERTIFIED MAIL ND INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) POSTAGE P 270 i96 341 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ARTHUR F. SIEMERLING , residing at WESTPHALIA ROAD MATTITUCK , being duly sworn, deposes and says that on the 7t.h day of M/4KUH ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the abOve-wam~d'persons at the a~ names; that the addresses set opposite the names of said persons are the the current assessment roll of the Town of Southold; that said Notices ~ ~States Post Of- ficeat SOUTHOLD. NEW YORK (certified) (registered) mail. SwOrn to before me this 7t, h day of MARCH ,19 83 - Nob;;.uh,,c ELIZABETH ANN NEV~LLB ~OTARY PUBLIC, Rtate of New Yort~ No. 52.8lL~850, Suffolk Count1/ r~m ~ires / :ldress/es"~pposite their respective e ad.~tfesse~of said persons as shown on ~e ma.,~d at the U,,l~e~ States Post C \ March 3 1983 (Today's Date) To: Southo!d Town Board of Appeals blain Road Southold, NY 11971 Re: Appeal Application of GEORGE h. PENNY IV Location of Property: SOUND VIEW AVENUE SOUTHOLD 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 subjecu property id 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 of this property is a bulkhead less than 100 feet in length. [ ] bIay be located '~' ' wz~nmn 300 feet of tidal wetlands; and there is no bulkhead or ~=* __ con .... e wail existing on tko premises. -[ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisd~tio~h of the N.Y.S. D.E.C.] ~(~ly yours, NOTE: If proposed projoot falls witch,in D.E.C. jurisdiction, approval must be received an.d suBmit~c&d to our office before your application can be scheduled for a public hearing. .~.,~{{S.. '_-TUE.~.~ON.$-TRUO3~O~'-OF. THE PROPOSED SWZMM'INQ .POOL IS IN E~X_ -. .: :~, ' jI~STRUCT]O,'IS: ~ha~ ~e p~opo~o~ w~ use. cu~on[~ ovo~ob~e ~n~o~ma~Lon concerning project on~ ~he likely impact5 o~ the octio'n, l~ i5 no~ expected oddi[ionol sludies, research or other invesligolions will be under~a~eo. (b) If any question has been ans'.~ered Yes the project may be significant and o completed [nvironmmnial Asscmmmen% Form is necessary. (c) If all queslion5 have been answered ~o i% i5 likely %hal this is not significant. pr°JO(d) Environmental Assessment ' 1. t/ill project result in a large physical change ' to the project site or physically alter more than 10 acres of land? ........................ Yes,~ No 2. ~'/ill there be a major change ~o any unique or -unusual land form found on the siC&?. .......... Yes, 3. %'/ill project alter or have a large effect on ' existing body of water? ........................ Yes. 4. Will project have a potentially large impocf , / on groundwater quality? ....................... Yes~o 5. %'Jill project significonlly effect drainage / flow on adjacent sites? ....................... Yes 6. %'/ill pro3eci effect any threatened or endangered plant or animal species? ........... Yes ~ ' 7. Will pro3ect result in o major adverse effec't on air quality? ............................... Ye 8. %';ill pro3ect hove o major elf cci on visual character of the communily or scenic views or vistas known to'be imporion~ ia the community?., yes~,~o 9. %7ill project adversely impact any site or .. s~ruciure of historic, prehistoric or paleontological impatience or any slte designated os o critico! environmental area by o local agency? ............ ~,,.~-;-,v,-,.v.~,,~- Yes~ No 10. %'1ill projec~ hove o mo jot effect on exis~in9 . / or future recreo~ionol opportunities? ......... Yes 11. %'1ill projec% result in .mojor {roff[c problems o~% couse o mo jot effec~ ~o existing _ / . ~ronspor~o~ion systems9 ....................... Yes 12. %'1ill projec~ .regulorly couse objectionoble odors, noise~ ~lore, vibro~ion, or electricol dis~urbonce os o resul~ of ~he project's Yes ~' operolion? .... ' ......... or.sofe~? ..................................... Yes//No 14. Will p~ojec~ offec~ ~he existing community by ~" directly cousin~ o ~rowlh in permonen~ populo[ion of more thon 5 perccnL over o one yeor period or have o mojor negative effec~ on the cha~er of the communit/ ~r nelghborh ,odrt ........ ~ ........ / .............. Ye~" No