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HomeMy WebLinkAbout3123........... PI-ERCE', '~' ~HEAI~Y ~I'23 2615 Wells Rd., Peconic 5/27/83 CA-construct accy. storage bldg. in the front and side yard area. 86-2-I. 2 Southold Town Board of Appeals MAIN ROAD- STATI=' ROAD 2,5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 766-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3123 Application 'Dated TO: April 20, 1983 (Public Hearing held 5/27/83) [Appellant(s)] Mr. Henry Pierce 2615 Wells Road Peconic, NY 11958 Mr. John Geidemann P.O. Box 416, East Marion, NY 11939 At a Meeting of the Zoning Board of Appeals held on May 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 Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for Upon application of HENRY PIERCE, 2615 Wells Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permis- sion to construct accessory storage building in the front and side yard area at 2615 Wells Road, Peconic, NY; County Tax Map Parcel No. 1000- 086-02-1.2. The board made the following findings and determination: By this appeal, appellant seeks to construct a 36' by 30' accessory two-car garage structure approximately 160 feet north of the existing one-family dwelling and 35 feet from Wells Road. For the record it is noted that the N.Y.S. Department of Environmental Conservation has restricted the proposed construction to an area a minimum of 75' from tidal wetlands as shown in Permit #10-83-0014 TW issued March 24, 1983. Inasmuch as the land in question is partly meadowland, there is minimal practical building area, and the board does agree with reasoning of appellant. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein 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 to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3123, application for HENRY PIERCE for permission to locate accessory two-car garage structure in an area other than the rearyard, as applied, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That the entrance/exit doors of this proposed accessory building do not face Wells Road. Location of Property: 2615 Wells Road, Peconic, NY; 1000-086-02-1.2. Vote of the Board: Ayes: Sawicki. (Member Grigonis was adopted. DATED: June 27, 1983. Form ZB4 (rev. 12/81) Messrs. Goehringer, Douglass, Doyen and absent.) This resolution was unanimously CH~I~~G' ~/ BOARD RECEIVED AND FILED ~. sou~o~ ~o~ c~: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHIDLD. l.l.. N.Y, 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCK NOTICE IS HEREBY GIVEN, pursuant to Section 267 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 at the Southold Town Hall, Main Road, Southold, New York, on FRIDAY, MAY 27,. 1983 commencing at 7:30 p.m. and as follows: 7:30 Irving L. Variance 100-32 for permission to re-locate accessory structure in front/side yard areas at Heathulie Avenue, Fishers Island, Minor Subdivision Map of Smith-~illiard ~155, Lot 3; more cularly known as County Tax Map No. 1000-9-6-5.2. p.m. Application for REV. WILLIAM J. HILLIARD, by Price, Esq., 828 Front Street, Greenport, NY, for a to the Zoning Ordinance, Article III, Sections 1G0-23 and the NY; partl- 7~35 p.m. Application for HILDEGARD MORAND, Dy Irving L. Price, Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition, attaching nonconforming accessory structure, leaving an insufficient sideyard setback (as a principal structure), at 935 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Lot 107; County Tax ~.~ap Parcel No. 1000-6d-05-~Q1. 7:40 p.m. Application of WILHELM & SILKE FRANKEN, 75 Carroll Street, Brooklyn, NY for a Variance to the Zoning ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with an insufficient frontyard setback, at Osprey Nest Road, Cleaves Point Section I, Map 2752, Subdivi- sion Lots 14 and 15, at Greenport; County Tax Map Parcel No. 1000-35-6-22, 23, 24. 7:45 p.m. Application of BURKE E. LIBURT, 1420 King Street, Orient, NY, for ~ Variance to the Zoning Ordinance, Article III, Section t00-32 for permission to construct accessory horse barn in the sideyard area, au 1420 King Street, Orient, Ny; County Tax Map Parcel No. 1000-026-02-040. 7:50 p.m. Application of JOHN GRIGONIS, Main Bayview Road, Southold, NY, for a Variance to the Zoning Ordinance, Article Section 100-60 (A) & (B) for permission to construct a~new dwell- ing in this B-Light Business District at 860 Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-70-7-16.2. Page 2 - Legal Notice of Regular Meeting and Public Southold Town Board of Appeals May 27, 1983 Regular Meeting Hearings 7:55 p.m. Applicauion of ALFRED AND ZINA HULL, 333 Pearl Street, New York~ NY 10038, for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permission to reconstrucu and alter existing building which would exceed 50% of the fair market value of this structure, requiring a variance to ~ntinue or-reinstate a second- dwelling unit in this "A-Residential" District, at 3630 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-04-004. 8:05 p.m. Application of SOUTHOLD LUMBER C~J, INC., Youngs Avenue, Southold, NY, for a Variance to the Zoning Ordinance, Article XIy Section 100-119B for perm!ssion to erect fence exceed- ing 4' in height along the frontyard area of these premises more particularly known as 675 Boisseau Avenue, Sou~hold, NY; County Tax Map No. 1000-63-02-030.1. / 8:10 p.m. Application of HENRY PIERCE, 2615 Wells Road, Peconic, NY for a Variance to the Zoning Ordinance, Article 100-32 for permission to construct accessory storage building ~n the ~ front and side yard area at 2615 Wells Road, Peconic, NY; CountyI Tax Map Parcel No. 1000-086-02-1.2 8:15 p.m. Application for ROBERT T. KROEPEL, D.D.S. by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two proposed parcels having approximately 37,069 square feet in area and 120.85 feet of road frontage, at the north ~ide of Indian Neck Lane, Peconic, NY; County Tax Map Parcel No. 1000-86-6-16. 8:25 p.m. klin Road, Mattituck, NY for a Variance uo Article III, Section 100-32 for permission in the frontyard area, at 400 Conklin Road, Garden Heights Subdivision Map 577, Lots 24 Map Parcel No. 1000-139-04-006. Application of JOHN AND JANET FLOWERS, 400 Con- the Zoning O~dinance, to construct garage Mattituck, NY; and 25; County Tax 8:30 p.m. Application for RICHARD E. SULLIVAN by David S. Horton, Eouros Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission ~o construct deck which will exceed the maximum lot coverage of existing and proposed surucuures, at 440 Third Street, New Suffolk, NY; Counuy Tax Map No. 1000-117-09-020. 8:35 p.m. Application of JACK EEVIN, 59670 C.R. 48, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Sections 100-30(B) [1] and 100-31 for permission to use the existing dwelling for uwo-family use, second-dwelling unit having less than the required 850 square feet of living area, at 59670 C.R. 48, Greenport, Page 3 - Legal Notice of Regular Meeting and Public Hearings Southold Town Board of Appeals May 27, 1983 Regular Meeting more particularly identified as County Tax Map No. 1000-44-4-5. 8:40 p.m. Application of JACK LEVIN, North Road.. Greenport, NY, for a Special Exception to the Zoning Ordinance, Article III, Sec- tion 100-30('B) [1] for permission to convert existing dwelling into two-family dwelling use on a minimum two-acre parcel located at the south side of C.R. 48, Greenport, NY; more particularly identi- fied as County Tax Map Parcel No. 1000-44-4-5. 9:00 p.m. Recessed Hearing: DOROTHY REISE (Owner) and RIAL REALTY CORP. (Contract Vendee) by Rudolph H. Bruer, Esq. Tennis court and garage on a vacant parcel. East Hyatt Road, Southold, NY. Any persons desiring to be heard concerning the above matters should appear at the t~mes and place above noted. If ~dditional information is needed, please contact Linda Kowalski, Secretary of the Board of Appeals, at 765-1809 (or 765-1802). DATED: April 27, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit, one affidavit of publication Southold, NY 11971. Thursday, May 12, 1983 and forward to: Board of Appeals, Main Road, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ~.,.~.,,~~...~,..c 7~...e..~~ .~...~~ for pe~it t0 const~ct. Location of Proper~y co~,~ ~ ~,~ ~. ~o0o s~tm .0 ~.~ ....... ~o~ .... ~ .... ~ot ...{~. ~ .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .. ~ ........ ·..,~..~...(. :./2t...1. d. P.. ~..~...>~ ...................................... Building Inspector RV 1180 ~APRi,~:O TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. A p p EA L. N O. ~'~/~'"~ -~ DA TE .......~..~:/~ .5. ...... 1, (We) /~, ~...~ .~...~../, ...~'./~. ~ J----- of "'~ '{' ./. ,(.. W~/-'~' '"r ~'f ~'P Name of Appellant Street and Number : ............... ..,?....~...~,..o...'~...(.,C~,. ........................................................... ...,~..:".Y ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD Of: APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ............ ........................... Name of Applicant for permit o~ ..... ,~z~.....'~,. ........ ~ ......... .,?..~.~.~.'.-:.<~..~ .............. ~../.... ................... Street ana Number Municipality State ) PERMIT TO USE ( ) PERM, FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....~..~..../.',~'.....,.....~'..~.~;..4.~ ........ ~.'.~.......-: ........ Street Use District on Zoning Map ,~4- - /,~ ,Poo - D OZ ............ /V~GD No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section anc Paragraph of the Zoning Ordinance by numbe~.Do not quote the Ordi,nance.) TYPE OF APPEAL Appeal is made herewith for ~(' A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE aue to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A Drevious appeal ~-) (has not) been made with respect to this decision of the Building nsoecTor or with respect to this property, Such ~ppeal was ( ) request for a special oermit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) ~L 'S requested for the reason that r'/~'z-¢' ¢"-~r-o'-¢'~'"~C~'~ t~°z'~ ~'~! (Continue an other side) REASON FOR APPEAL Continued I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or ur~6S- sory HARDSHIP because 2 vicinit~ of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3 The \ ariance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) COUNTY ] Sworn ro this .............. C:~ ........... day of ............................. ELIZABETH ~t~N ~OT~RY PUBLIC. ~e of X x\ - 'P£b~o$£b,,. F£~ZSE- VI£1NI T"{ I¢11rlp ?ow ,v IV?c ~' scale Chart COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals July 21, 1983 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 Annette Golden Carnes Richard E. Sullivan John Grigonis Henry Pierce John & Janet Flowers 3051 3107 3116 3123 3128 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals NIAIN RrlAD- STATE RDAD 25 $FIUTHDLD, L.I., N.Y, 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 100-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section -- Special Permit Appeal No.: 3123 Applicant: HENRY PIERCE Location of Affected Land: 2615 Wells Road, Peconic County Tax Map Item No.: 1000-086-02-1.2 Within 500 feet of: __ Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) Richmond Creek __ 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. was Granted COMMENTS: Applicant ~sxx~xc~permission to construct accessory storage building in the front and side yard area. Copies review. Dated: of Town file and related documents enclosed herewith for your Temp. SecretaFry, Board of Appeals Southold Town Board of Appeals I~IAIN ROAD- STATE ROAD 25 50UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONrS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 28, 1983 Mr. Henry Pierce 2615 Wells Road Peconic, NY 11958 Re: Appeal No. 3123 - Henry Pierce 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 ~ 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to Building Department Mr. John Geide~ann By Linda F. Kowalski Secretary NEW STATE DEPARTMENT OF ENVIRONMENTAL CONSEI PERMIT ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT NO. 10-83-0014 TW PERMIT ISSUED TO Henry Pierce ADDRESS OF PERMITTEE 235 Peconic Road, Peconic, NY 11958 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Richmond Creek off Peconic Bay on the east side of Wells Road, 2,100' south of Main Road, Peconic DESCRIPTION OF PROJECT Construct a 36' x 30' two car garage a minimum of 75' from tidal wetland~ in anrnr~ance with survey entitled "Plan showing two garage on lands of H.J. Pierce of Peconic." COMMUNITY NAME (City, Town, Village) TOWN Peconic Southold COUNTYsuffolk FIA COMMUNITY NO. DAM NO. PERMITEXPIRATION DATE March 31, 1984 GENERAL 1. The permittee shall file in the office o[ the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subiect to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. AS a condition of lhe issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or indirect, o[ whatever nature, and by whom- ever suffered, arising out of /he project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shah be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shaft be deposited or dumped at the locality shown on lhe drawing hereto attached, and~ if so p~escribed thereon, within or behind a good and substantial bulkhead or bulkheads~ such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigalion by the work herein authorized. 7. That if future operations'by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasouable obstruction to the free navigation of said waters or flood flows ,or endanger the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- ment lo remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall, withoul expense to the State, and to such extent and in such lime and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such ren~val or alteration. CONDITIONS 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, wilhout expense to the State, and 1o such extent and in such time and manner as the Department of Environmenta~Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site 1o its former condition. No claim shall be made against the State of New York on accounl of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or inlerfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 13. The permittee is responsible for oblaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from floodin§. 15. By acceptance of Ibis permit the permittee agrees that the permit is contingenl upon strict compliance with the special conditions on the reverse side. 95-20-4 i9/75) (SEE REVERSE SLOE) SPECIAL CONDITIONS 1. There is to be no disturbance ~o vegetation or topography within 50' of tidal wetlands. SEE ATTACHED ADDITIONAL CONDITIONS A through J PE~IT ISSUE DATE March 24, 1983 cc: USACE JPER~ITADMIN,STRATm ~.~/__~ ADD"ESSNYS Dept. of Env. Conservation ~aniel J. Larkinf~'w~/TM Bldg. 40, SUNY, Stony Brook, NY 11794 :dx iE \ Z5 VI£1NI TY 141&P Greenport, NY, for a Variance ~.the Zoning Ordinance, ~cle III, Sections 100-23 and 100-32 for permission to re- locate accessory structure in the front/side yard areas at Heathulie Avenue, Fishers ~land, NY; Minor Subdivlsien ap of Smith-Hilliard//155, Lot 3; more particularly known as County Tax Map No. 1000-9-6-5.2. 7:35 p.m. Application for HILDEGARD MORAND. by - Irving L. Price, Esq., 828 Front Street, Gceenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to · construct addition, attaching · ~ nonconforming accessory structure, leaving an · insufficient sideyard setback ~ (as a]principal structure) at ~.~. 935 Old Shipyard Lane, ~ Southold, NY; Founders ] Estates Map 334, Lot 107; ~ County Tax Map Parcel No. Southold, NY, for a Variance to the Zoning Ordinance, 100-60 (A) ~ (B) for Peconic, Ny; CountyTaxMap permission to~truct a new Parcel No. 1000-86-6-16. dwelling in bis B-Light 8:25 p.m. Application of Business .District at 860 Main JOHN AND JANET Bayview Road, Southold, NY;. FLOWERS, 400 Couldin Road, County Tax Map Parcel No. Mattituck, NY for a Variance 1000-70-7-16.2. to the Zoning Ordinance, 7:55 p.m. Application of Article III, SectiOn 100-32 for ALFRED AND ZINA HULL, permission to construct 333 Pearl Street, New York, garage in the fruntyard area, NY 10038, for a Variance te the at 400 Conklin Road, Zoning Ordinance, Article XI, Mattituck, NY; Garden Section 100-11SE for Heights Subdivision Map 577, permission to reconstruct and Lots 24 and 25; County Tax alter existing building which Map Parcel No 1000-139-04. would exceed 50~ of the fair 006. marketvalueofthlsstructure, ~ 8:30 p.m. Application for requiring a variance to RICHARD E. SULLIVAN by continueorreinstateaseeend. David S. Horton, Kourns dwelling unit in this "A- Road, New Suffolk, NY for a Rso~idential" District ~t 3630 · Variance to the Zoning undview Avenue, ~econic Ordinance, Article III, Section NY; County Tax Map Parcel 100-31, Bulk Schedule, for No. 1~. permission to construct deck 8:05 p.m. Application of which will exceed the SOUTHOLD LUMBER CO., ' maximum lot coverage of INC., Youhgs Avenue, existing and pr opna'eli-~, structures, at 44O Third Street, Hearing: DOROTHY REISE (Owner) and RIAL REALTY CORP. (Contract Vendee) by Rudolph H. Bruer, Esq. Tennis court and garage on a vacant parcel. East Hyatt Road, Southold, NY. Any persons desiring to be heard concerning the above ..matters should appear at the times and place above noted. If additional information is needed, please contact Linda Kowalski, Secretary of the Board of Appeals, at 765-1809 (or 765-1802). ~ DATED: April 27, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN 1TM12-4247 7:40 p.m. Application of Article XI, Section 100.119B ?.ewSuffolk, NY; County Tax WILHELM & SILKE ,~lap No. 1000-117-09020. FRANKEN, 75 Carroll Street, for permiss,i,on to erect fence 8:35 p.m. Application of ~/'0b exceeding 4 in hei ht sion kl~, g g JACK LEVIN 5967 to the ~on"~in~~front ard area oft esm.._~ c.,-,~ _, ~;4; , 0 C.R. 48, Article III, Sectmn 100-31 ~)cemlses more partlcularl~to the Zonin .... ce Bulk Schedule, for permissio~ xnown as 675 Boisseau Article II! ~ ~.ruman~ce, ~ to construct new dwelling with ~Avenue, Southold, NY; Count 30(B) { 1 ] and 100-31 for an insufficient frontvard _~ax Map r~,~ !__,y~_ ~_? e_, ~_".L~ permission to use the existing ~ ~: setback, at Osprey Nest ~o~d /'~ 8:10 p.m. Application of dwelling for two-family use, _ ,., ~*~Clcevee Point Section I, Ma~ ~.~HENRY PIERCE, 2615 Wells second-dwelling unit having ~:oVRra°~:~ less than the reuuired 85 , square feet of living area, at - ~ EREBY Map Parcel No 1000-35-6 22 / ' ance, Article 100-32 for 59670 C.R. 48, Greenport, more ~IVEN, pursuant to Section 23,24 ' ' , \ permission to construct particularly identified as ,~_~ . _ eu oRKE E. LIBURT, 1420 / sme yard area at 5~ . ~o~e oi tue Town of Southold, King Street, Orient, NY for a ] 2615 Wells Road, Peeonic, NY; I , ~;~ollRoewgi~lga~u~l~ce~a~ndth.?' ~Va[iance to the Z~)ning /iC0~.n~xMapParcel~.~ 8:40p.m. Application of JACK LEVIN, North Road, ':~ ,.~ ,. ,~ ~, rigs ~ ordinance, Article III Secti^- ~ .-1.2. ~ Greenport,-Ny, for a Special ~:-z~ '~'etooytheSoutholdTown 100-32 for permission ~ 8:15 p.m. Application for Exception to the Zoning Ordinance, Article III, Section construct accessory horse barn in the sideyard area, at 1420 K/rig Street, Orient, NY; County Tax Map Parcel No. 1000.026-02-040. 7:50 p.m. Application of JOHN GRIGONIS, Main Bay- view Road, Southold, NY, for a Variance to the Zoning Ordinance, Article VI, Section ROBERT T. KROEPEL. D.D.S. by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two proposed parcels having approximately 37,069 square feet in area and 120.~5 feet of road frontage, at the north side of Indian Neck Lane, 100-30(B)[I] for permission to convert existing dwelling into t~.o-~amily dwelling use on a mm~mum two-acre parcel located at the south side of C.R. 45, Greenport, Ny; more particularly identified as County Tax Mup Parcel No. 100~ ~A i 5. 9:00 p.m. Recessed Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on FRIDAY, MAY 27, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for REV. WILLIAM j. HILLIARD, by Irving L. Price, Esq., a2~ Front Street, STATE OF NEWYORK ) )SS: COUNTY OF SUFFOLK ) ....... ~Qz~'~...~d.....~.u~.~.a.~.~.~ .................. of Greenpert, in said County, says he/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, published at Greenpert, in the Town of Southold, County of Suffolk, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each weak for.....~.C. ......... weak(s) successively, commencing the.....[~..'c~-day of ............. ~a.y. ................. 19......~.3. ............. Sworn to ~fore me this ................. .]:....2..~..h.. ........... day of ........... ~. ............................ 19 ............ ,g..3. .................... HELEN K. DE V0E NOTARY PUBLIC. State of New York No 4707878, Suffolk County Term Expires Marcll 30, 19~-~' ' N.Y. 10038, for a Variance to the Zoning Ordinance, {~iicle XI, Section 100-118E f~r- mission to reconstruct and alter existing building which would exceed 50% of the fair market value of this structure, requiring a variance to con- tinue or reinstate a second- dwelling unit in this "A- Residential" District, at 3630 Soundview Avenue, Peconic, N.Y.; County Tax Map Parce~d No. 1000-68.04-004. 8:05 p.m. Application of SOUTHOLD LUMBER CO., INC., Youngs Avenue, South. old, N.Y., for a Variance to th& Zoning Ordinance, Article XI, Section 100-119B for permis. sion to erect fence exceedini 4' in height along the fro~t. yard area of these premises more particularly known as 675 Boisseau Avenue, South- old, N.Y.; County Tax Map No. 1000-63-02-030.1. · ~ ~10 p.m. Application HENRY PIERCE, 2615 Wells Road, Peconic, N.Y. for Variance to the Zoning Ordin. ance, Article 100-32 for per- mission to construct accessory~i storage building in the front and side yard area at 2613 Wells Road, Peconic, N.Y.; County Tax Map P~arcel No. 1000-086-02-1.2._, .i. ,~ ~ ~:lb p.m. Application fO~- ROBERT. T. KROEPEL, D.D.S. by Rudolph H. Bruer, Esq., Main Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article llI, Section 100-31 for approval of two proposed parcels having approximately 37,069 square feet in area and 120.85 feet of road frontage, at the north side of Indian Neck Lane, Peconic, N.Y.; County Tax Map Parcel No. 1000-86-6-16. 8:25 p.m. Application o~f/~ JOHN AND JANET FLOW- ERS, 400 Con{din Road, Matti- tuck, N.Y. for a Variance to the Zoning Ordinance, Article llI, Section 100-32 for permission to construct garage in the frontyard area, at 400 Conk~in Road. Mattituck, N.Y.; Gar- den Heights Subdivision Map 577, Lots 24 and 25; County Tax Map Parcel No. 1000-139- 04-006. 8:30 p.m. Application for RICHARD E. SULLIVAN by David S. Horton, Kourds Road, New Suffolk, N.YJ for a Variance to the Zoning Ordin. ance, Article IH, Section 100- 31, Bulk Schedule, for petrols. sion to construct deck which~J~ will exceed the maximum lot coverage of existing and pro- posed structures, at 440 Third Street, New Suffolk, N.Y.; County Tax Map No. 1000-112- 09-020. 8:35 p.m. Application of JACK LEVIN, 59670 C.g. 48, Greenport. N.Y., f~r a Var- iance tO the Zoning Ordinance Article III, Sections 100-30(B) /1] and 100-31 for permission to use the existing dwelling for two-family use, second-dwell- ing unit having less than the required 850 square feet of living area, at 59670 C.R. 48, Greenpori, more particularly identified as County Tax Map So. 1ooo-44.4.5. i 8:40 p.m. Application of [ JACK LEVIN. North Road, I ~Greenport N.Y., for a Special [ Copies to the following on or about Wednesday, Personal Delivery: L.I. Traveler-Watchman 5/10/83 Suffolk Times 5/10/83 Supervisor's Office Town Clerk Bulletin Board Cbairman, ZBA & members Town Board members Vic Lessard Building Inspectors May 11, 1983: By Mai 1 Irving L. Price, Jr., Esq. for Rev. Wm. J. Hilliard Hildegard Morand Mr. and Mrs. Wilhelm Franken and Mr. John Geidemann Mr. and Mrs. Burke E. Liburt Mr. John Grigonis Mr. and Mrs. Alfred Hull Southold Lumber Co., Inc. Mr. Henry Pierce and Mr. John Geidemann Mr. and Mrs. John Flowers Mr. Richard E. Sullivan Mso David S. Horton Mr. Jack Levin Rudolph H. Bruer, Esq. for Robert T. Kroepel, D.D.S. Dorothy Reise/Rial Realty Corp. JUDITII T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 From: April 20, Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk 1983 Transmitted herewith is Zoning Appeal No. 3123 application of Henry Pierce for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Land-Use; Notice of Disapproval from the Building Department; g~Judith T. Terry Southold Town Clerk Tidal Wetlands and survey. TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR APPEAL N O. ~/o~-~ DATE .......................... TO THE ZONING BOARD OF APPF,~LS, TOWN OF SOUTHOLD, N. ~Y. ~ 1, ('W~) ....... ~:~.z..~/.. ...... Z~.'~..X~ ........ of ...~..~...~.../'~:.....~..~/~...~ ............................. .//~, Name 6f Appellant Street and Number ................. /~:~.~ ................................................. ~..~/..: ............. .EREB¥ APPEAL TO Municipality /~tate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .............. ................. Name of/Applicant for permit ,~ ....... ............ .............. ......... Street and Number Municipality State ~ () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street Use District on Zoning Map Z~¢..~:..... ~..~.~,..z... ~...~:.. z....../.,...z.. .................. Iv~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph ofthe~Zoni~ngc~/~,~y Ordinance bynumb~er. Donot~e(~rdinance.)/~.~ ~ 2_. ~/' 3. TYPE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Sach appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................ Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that ~ ~'orm ~. (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unr~eces- sary HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK )  ) ss COUNTY O ) Sworn to this ............. r.~.. ................ day ELIZABETH ANN NEVI£[~ NOTARY PUBLIC, Stste of Nev~ No. 52-8125859, Su{folk ~r~.,/ Term Expires March 30, 1~.~.'7'- / BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the .P~ition of to the Board of Appea~s of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold ,~ to request a V~ance-'J)(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: ~_~.~ /~/?,~? t~ ~- 2 ~c~. 3. That the~perty 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: ~ , , , , ~ /~ /~. - , 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article /~-~ Section ~ ~-- 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travele,~M~ttituck Watc~l~an, newspapers published in the Town of Southold and designated for the publicatiOn of s~fch nl~,tices; th~you or your representative have the right to appear and be heard at such hearing, k~__-~}.~~ ~ Petitioner (,/ Post Office Address2~' NAMI~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P28 7 .3SS3G RECEIPT FOR CERTIFIED MAIL NO INSURANCE C0~ER&GE pROYTOEB-- NOT FOR INTERN~Tt0NAL M~IL (See Rever~e) POSTAGE -- CERTIFIED FEE ~ RESTRICTED DELIVERY SHOW TO WHOM DATE ~ SHOW T0 WHOM AND D~T~ ~ ~ ~ 9ELIVEREDW~T~RESERICTEE 8 ~ s~ow~ ADD STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.; ~--~-- ~r -/ .'/~ ,4 t',~ ,~ / of ~m~;/ ,1 ~ ~ , deponent mailed a true copy of the Notice set forth ~n~he re- verse side h~eof', directed to each of the above-named pe~ons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ~sment rol~f the Town of Southold; that ~id Notic~ were mailed at the United States Post Of- ficeat ~' ~ ~, ~/.~. ; that said Notic~ were ~ ~h ~ said persons by (certified) (regist~red);mai . ' Sworn to before me, this ~ da~of ~/ , 19 NoTary Public ~ ~tZA~H ANN ~TARY pUgLtC, State of NeW Y~ N~ 52-8125~50, Suffolk Cqu~/ Term ~ire~ ¢~rq~ ~0, SHORT ENVIRON?~ENTkL ASSESSMENT FO}tM 0 0 O O INSTRECT=ONS. (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies~ re,,arch or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is no.._~t significant. (d) Enviror. mental Assessment Will project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? ........ Will there be a major change to any unique or unusual land form found on the site? 3. Will project alter or have a large effect on an existing body of water? . . . . . Will project have a potentially large impac~ on groundwater quality? . . . . . . . 5. Will project significantly effect drainage flow on adjacent sites? .... . . . 6. Will project affect any threatened or endangered plant or animal species? . . . . . . 7. Will project result in a major adverse effect on air quality? .... , . . Will project have a =aJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . . e Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunitiesT . . , ll. Will project result in major traffic problems or cause a major effect to existing transportation systems? . . o . . . . . . . . . 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Will project have any impact on public health or safety? Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than ~ percent over a one-year period o__r have a major negative effect on the character Of the com. munity or neighborhood?. . 15. Is ~here pub~ontrcver~oncerning PREPARER' S SIGNATURE: ~ REPRESE:;TING: 9/[/78 Yes t/No Yes f//No Yes ~/No Yes ~'/~o Yes Yes /No Yes /No Yes ~/No Yes_~/__No Yes ~/No Yes Yes / No Yes U//No the project? TITLE: ~ Yes &'/ No Yes &//No DATE: (Today's Date) To: Southo!d Town Board of Appeals ' ~.!ain Road Southotd, NY 11971 Location of Property: ~6/¢//{ ~ ~./ p~,~czO,,)le./' 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 Stane Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please ~e c ...... one box) May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this properuy is a bulkhead in very good conditicn 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. May be located within 300 feet of'tidal wetlands; and there is no bulkhead or ~ con~__~e wall existing on the premises. -[ ] Is not located within 300 feet' o'f tidal wetlands to the best of my knowledge.* not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N~Y.S. D.E.C.] Sincerely yours, NOTE: If proposed proje6t fallS(Wit~kinu~.E-C-ajUrisd~ction' approval must be received an.d submit~6d to our office before your application can be ·scheduled for a public he,ring. · .i ?iAf;. .'~ ' ':'.~ . · .-"'~. " . ., ....... · ,.'~ ..... ' '=~ - ~ ..... ~-' .... '-- ~DL[iVDAT]Atv PLAN ? D/z z tH L. - '"¢ " ~/ .ZECT/£,N J. H. GEIDEMAN NEW YORK 11¢57 N. Y. State LIc. Land Surveyor,