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