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HomeMy WebLinkAbout3140 Southold Town Board of Appeals HAIN ROAD- CtTATE ROAD 25 SrlUTHDLD, L.I., N.Y. llg'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3140 Application Dated May 26, 1983 (Public Hearing 6/23/83) TO: Mr. Scott Albrecht as agent for Ms. Kathryn Reeve Box 166B, RFD Mattituck, NY 11952 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on June 30, 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for The public hearing on this matter was held on June 23, 1983, at which time the hearing was declared closed pending deliberations. Application for KATHRYN REEVE~ by Scott R. Albrecht, West View Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the side yard area, at 855 West View Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a 16' width by 20' deep accessory garage structure to be located east of the existing dwelling and to be set back from the property line three feet. There is a proposed distance between the dwelling and the subject garage of 10 feet. The premises in question is located on the south side of West View Drive and contains an area of approximately 25,000 square feet. The lot is narrow along the road with a frontage of 50 feet and gradually widens to 140 feet along Mattituck Creek. The dwelling on the premises is a legal one-family dwelling, and is approxi- mately 45' wide by 39' deep. It is the opinion of the board that an eight-foot setback from the easterly side property line should be the minimum to allow for egress and ingress by emergency vehicles and that the structure shall not be used for sleeping or living quarters at any time. 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. Douglass, seconded by Mr. Goehringer, it was (CONTINUED ON PAGE TWO) DATED: July 5, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3140 Matter of KATHRYN REEVE Decision Rendered June 30, 1983 RESOLVED, that Appeal No. 3140, application for KATHRYN REEVE for permission to construct 16' by 20' garage structure in the side- yard area (east side), BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be a minimum setback from the east side line of eight feet; 2. That this structure shall be used only for storage and garage purposes, never to be used as sleeping or living quarters. Location of Property: 855 West View Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki. (Members Grigonis and Doyen were absent.) tion was unanimously adopted. Douglass and This resolu- CEIVED AND FILED BY T}~E SOUTHOLD TOWN G RAR P. GO~RINGE~ CHAIRMAN July 5, 1983 / APPEALSBOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT. DouGm-ASS .JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Prcvisions 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 THURSDAY, JUNE 23, 1983 commencing a~ 7:30 p.m. and as follows: 7:30 p.m. Recessed Hearings: Appeals No. 3126 and 3125. JACK LEVIN. Variance for two-family dwelling status. South Side of C.R. 48, Greenport. 7:35 p.m. Application of HANS H. RIEGER, 370 Harbor Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to cons~ruc~ln ~ne ~rontyaro area at 370 Harbor Ro~d~- Orient, NY; County Tax Map Parcel No. 1000-027-C4-006. 7:40 p.m. Application of BRUCE AND PATRICIA STEWART, School- house Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to dwelling with an insufficient sideyard setback at 870 Schoolhouse Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-014. 7:45 p.m. Application of PETER AND CALLIOPE PAPANTONIOU, 55370 C.R. 48, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to increase size of existing garage which is located in the sideyard area, at 55370 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-052-03-026. 7:50 p.m. Application of RICHARD AND DONNALEE RELYEA, 1060 Foxbollow Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission co construct accessory building (horse barn) in the frontyard area of premises known as 1060 Foxhotlow Road, Mattituck, NY; County Tax Map Parcel No. 1000- 113-006-023. 7:55 p.m. Application of ALFRED J. TERP, 1435 Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Page 2-Legal Notice of Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23, 1983 Sections 100-31, 100-34, for permission to construct bathroom addi- tion to dwelling leaving an insufficient sideyard setback, at 1435 Hobart Road, Sou~hold, NY; County Tax Map Parcel No. 1000-064-002-012. 8:00 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [1] to establish library use in the existing building in this B-t District, at 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022. 8:10 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-112(H) for permission to use accessory, off-street park- ing area adjoining this premises for this proposed library. Loca- tion of Properties: North side Main Road, Cutchogue, NY; County Tax Map Parcels No. 1000-102-05-22 and 23. f 8:15 p.m. Application for KATHRYN_ REEVE, by Scott R. Albrecbt,~ West View Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III,.Section 100-32 for permission to construct accessory building (garage) in the side yard area, at 855 West View ]rive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. - 8:20 p.m. Application of DOUG AND KARIN CONSTANT, 555 Village Lane, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback, at 555 Village Lane, Orient, NY; County Tax Map Parcel No. 1000-25-2-5.1. 8:25 p.m. Application of MRS. GRACE E. KENNEY. 2020 East Gillette Drive, East Marion, NY for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-34 for permission to construct addition (two-car garage) with variation to the previous appeal, No. 3067, in the front and/or sideyard areas at 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000- 038-03-020. 8:35 p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct sw~mmingpool in the frontyard area, at 4355 Wunneweta Road, Cutchogue, NY; Nassau Point F~led Map, Lot 222; County Tax Map Parcel No. 1000-111-012-006 & 007. (William B. Smith, agent) 8:45 p.m. Application for DAYSMAN MORRIS, by Rudolph H. Bruer, Esq., Main Road, Southold~ NY for a Variance to the Zoning Ordinance Article VI, Section 100-60 (A) & (B) to store materials in the open P~ge 3 Legal Notic~of Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23, 1S83 area upon this parcel, 405 Kirwin Boulevard, 1000-53-02-006. zoned B-Light Business. Location of Proper~y: Greenport, NY; County Tax Map Parcel No. 9:00 p.m. Recessed Hearing; Appeal No. 3099. Application for DOROTHY REISE/RIAL REALTY CORP., By Rudolph H. Bruer, Esq., Main Road, Southold, NY - garage and tennis court on vacant parcel. East Hyatt Road, Southold, NY. 9:15 p.m. Application for IRENE PAPADAKIS, by Michael J. Hall as attorney, Front Street, Greenport, NY for an Interpretation of "~k-in care clinic" as a home occupation under Article I, Section 100-13, Definitions. Location of Property: 26165 Main Road, Orient, NY; County Tax Map Parcel No. 1000-018-03-23. Dated: June 10, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS BY GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above hearings, please contact Linda Kowalski, Secretary of the Zoning Board of Appeals, at 765-1809 (or 1802). INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit, Thursday, June 16., 1983, and forward one affidavit of publication to Board of Appeals, Main Road, Southold, NY. ............ ~ ............ ~ ............................................. X Copies to the following on or about June 13, 1983: Mr. Jack Levln, C.R. 48, Greenport, NY Mr. Hans H. Rieger, 15 Harbour Road, Orient Mr. and Mrs. Bruce Stewart, Schoolhouse Road, Cutchogue Mr. and Mrs. Peter Papantoniou, 55370 C.R. 48, Southold Mr. and Mrs. Richard Relyea, 1060 Foxhollow Road, Mattituck Mr. Alfred J. Terp, 1435 Hobart Road (Box 64), Southold Mr. William Peters, Chairman Cutchogue-New Suffolk Library, Box 935, Cutchegue Mr. Scott R. Albrecht, West View Drive, Mattituck Mr. Kenneth Strachan, Builder for Karin and Doug Constant, Hog Pond Mr. and Mrs. Doug Constant, 555 Village Lane, Orient Mr. and Mrs. Robert Kenney, P.O. Box 392, East Marion, NY 11939 Mr. William B. Smith, as agent for Frank Messina, 220 Mechanic St, Mr. Frank Messina, P.O. Box 368, Ronkonkoma, NY 11779 Rudolph H. Bruer, Esq., as attorney for Mr. Daysman Morris and Rial Realty Corp. Anthony B. Tohill, Esq., 6 East Main Street, Riverhead, NY (Re: Reise) Ha~ 1 and Hall, Esas., Rd, Orie Southold FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To..~..~..~.Z: .... : .... . ~. ~.'~.~ /~.~....q.'..~:.. ~- Loca~on of Property h3~s~ ~o~ ..................... co~.~a~o.~000~,~o. .... :: .... ~o~ ......... ( .... ~o~ ..(~ ......... Subdivision ................. F~ed Map No ................. Lot No .................. :~:::..(.~ ..... ~.-.~...?...: ~..~..~.~ .................. RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN H ALL SOUTHOLD, N,Y. 11971 TEL.: 765-180;3 Examined ................. 19... Approved ................. 19... Permit No ............ Disapproved a/c ..... Application No..~. .............. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tins application must be :ompletely filled in by wpewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship ro adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram winch is parr of tins appli- cation· c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE ro the Building Department for the ~ssuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ,~* ~ - ~ .q ..... · :" .............. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is/owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ... ........ .(. ................ .............................................. N me of owner ,f,,remises ..................................................... (as on the tax roll or Iaresr deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... I Location of land on which proposed work will be done.. /f?..tr)~ "~' ' t' '.' ~ .... ,........................'/7/.O. C-. I?,2, .... (:..:.. .... : ......... ................ .................... House Number Street Hamlet County TaxMap No. 1000 Section . ./.37J. ......... Block ....~. ............. Lot../~. .............. 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 ...................................................................... b. Intended use and occupancy .... ff.~,2F~.~ .~. ~tL .~. J.o.t'~.~ {. 3. Nature of work (check which applicable): New Building . Addition. ......... Alteration .......... Repair ....... ~t ...... Removal .............. Demohtion .............. Other Work ............... (Description) 4. Estimates Cost~!. ?..? .~..~. ': ?."~ ....................... Fee ...................................... (to be paid on Filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars .. -d~/f~..('~q'('. ............................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...... : ............. Height ...... , ................ Number of Stories ...................... 8. Dimensions of entire new construction: Front../.~...~.'~.~-, ....... Rear . ..~../.~. ........ Depth ..~.Q ........... Height/.~ ............. Number of Stones ...... ~/.~ ............................................... 9. Size of lot: Front ........... Rear .................... D~epth ...................... t0. Date of Purchase '~.~. hl i~j .[.cji..5.~ .......... Name of Forrrier Owner .~'~)tll ~..Ii: ~.~.~..~..~.~..~ rll~s.~r: 11.. Zone or use district in which premises are situated ..................... g .............................. 12. Does proposed construction violate any zoning law, ordinance or regulation: .~..q-~. ............................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises ................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions f_r~om properly lines. Give street and block number or description acco?~Jing~ to deed, and show street names and indicate whether interior or corner lot. ~ ~'~ STATE OF NEg~'ORK,~. ~ ~ -- .~ ~ .,~,~ ~ ~ COUNTY OF .~..~ .... -- ..... . .~.... ~.~.~..-~ c ~/~ '~... ~.'-...~.{.; .( .~ ~.~ .... being aulj sworn, deposes and says ~at he is the applic~t (Name o~ individu~ signing con~act) above nmed. He is the .................. ~~.' .... ~...~~ .......................... (Contractor, ~nt, co,orate officer, etc.) of said owner or owne~, ~d is duly authored tu perform or have perfo~ed ~e said work and to m~e ~d application: that all s~aremen~s confined ~ this application are true ro the best offs ~owledge and belief; ~d that work will be perfo~ed in ~e m~ner set for~ ~ the application filed therewith. Sworn to before me this ........... ..... Not--Public, . ................ ~~ ty ~ ~ ~ ~o 52-8125850, Suffolk TOWN OF SOUTHOLD, NEW YORK APP~ROM DECISION OF BUILDING INSPECTOR APPEAL TO THE ZONING BQAR~ OF APPEALS, TOWN OE SOUTklOLD N. ~.~ ], (We; :....i.~ ~.~..."~'"~...i/~":,..~'~.~..~..~.~..:...::.i....,.o; .~..~.:'.':.&.;i:~.'..0f,~..~.:~i-..~.~;.'~'~.... ~ ~ Name of ~ppella.nt Street and Number ........ ............................................................ Municipality State THE ZONING BOARD Or APPBALS ~ROM THB DBC,S,ON Or THE BU,'D,~G 'NSP~CTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ......... Name of Applicant for permit of c ,.t~C .................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY ~ j .................. ;;. ....... ~ ............ ......................... ~;~'~E .............. 1. LOCATrON Map No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALiZD (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 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. Lows Art. 16 Sec. 280A Subsection 3~ prev,ous appea! (has)bhas# not~been'mode"~:- with respect to this decision PREVIOUS APPEAL 4. of the Building respecter or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated .................................................................... requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoniqg Ordinance (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce procticoldifficulties pr unneces- sar~ HARDSHIP because 2 The hardship created is UNIQUE and is not shared by all properties alike in the immedlote vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE .CHARACTER OF THE DISTRICT because THE STATE OF NEW YORK ) ) COUNTY OF ._~b~OL~ ) Signature Notary Public ~ ~[LIZAB~] ANN ~,~V~LL£ ~ M~, 52-8125850, SuffoJk C~u~ / APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- I~TATE ROAD 25 ~CIUTHI3LD, L.I., N.Y. 13971 TELEPHONE (516) 765-1809 April 30, 1984 Mr. Scott R. Albrecht Box 166B, RFD Mattituck, NY 11952 Re: Appeal No. 3140 - Kathryn Reeve Your Letter Dated March 29, 1984 Dear Mr. Albrecht: The board reviewed your recent letter at our Regular Meeting held on Thursday, April 19, 1984, and it was the consensus of the board that they had no objection to the attachment of the subject one-car garage to the house on the easterly side, rather than a detachment, provided that the conditions of this board's decision rendered June 30, 1983, are met. Please note that this letter should not be considered an amendment, waiver, change, alteration, etc. of this board's June 30, 1983 decision and accordingly the time period for which an appealed would be allowed is not there- fore extended. Yours very truly, GERARD P. GOE~RINGE~ CHAIRMAN lk CC' Building Department Board of Appeals Southold Town Southold NY 11971 March 29, 1984 Gentlemen: With your permission, I would like to amend my proposed garage from a detached one car garage to an attached one car garage within my eight foot variance. West View Drive Matlituek, New York 11952 S~neerely yours, ~,.~.~ : ' Scott Albrecht COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEI[ E. KOPP£LMAN Town of Southold Board of Appeals July 22, 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 Walter Gaipa Wilhelm & Silke Franken Hans H. Rieger Peter & Calliope Papantoniou Richard & Donnalee Relyea Kathryn Reeve Mrs. Grace E. Kenney 3079 3108 3134 3135 3136 3140 3142 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ]1971 TELEPHONE 1516) 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.: 3140 Applicant: KATHRYN REEVE Location of Affected Land: 855 West View Drive, Mattituck County Tax Map Item No.: 1000- 139-01-019 Within 500 feet of: __ Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) Mattituck 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. COMMENTS: Applicant ~~~ permission to construct accessory building (garage) in the sideyard area. Copies of Town file and related documents enclosed herewith for your review. Dated: July ~t, 1983 ~, ~. ~~%---' Temp. Secretary, Board of Appeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 6, 1983 Mr. Scott R. Albrecht Box 166B, RFD Mattituck, NY 11952 Re: Appeal No. 3140 - Kathryn Reeve 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 Ne 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 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 11 Highland Place Great Neck, N.Y. 11020 Boara-o ppeal/ :town ol SouLbold Zoning Board of Appeals Southold Town Hall Main Road, P.O. Box 728 Southold, New York 11971 Dear Sir: In respect of the variance requested by Scott R. Albrecht (copy enclosed), I must state that ~ am opposed to such variance. To build a garage only 3 feet off the property line, adjacent to my property, is not in conformity with the community standards. Furthermore, my property is approximately 75 feet wide and by allowing Katherine Reeve to build such garage only 3 feet in from the property line would harm the character and nature of my property. I strongly urge you to deny such variance. Very truly yours, EBY etion J the nded hold, :i the s ~11 ToWn : tile ,'vialn The Suffolk Times Road, Southold, New York,,on THURSDAY. JUNE 23. I~S2 commencing at 7:30 p.m. and :20 p.m. Application Of DOUG AND KARIN CON- .~sfollows: ., STANT, 555 Village Lane,, ~.. 7:30 p.m. Recessed Hear-~p Orient, NY for a Variance ~.j. ngs: Appeals No. 3126 and ~'~ the Zoning Ordinance, Artiele l ~'3125. JACK LEVIN. VarianceS" III, Section 100-31 . fori ~_.[,l.or two-family dwelling"]l~ permission to construct~ '---~tus. South Side of C.R. 48,~ addition to dwelling with .~Greenpert. ~ insufficient rearyard setback, ~ ,'~.,:35 p.m. Application of at 555 Village Lane, Orient,! HANS H. RIEGER. 370 NY; County Tax Map Parcel HarborRnad, Orient, NYfora ~ No. 1000-25-2-5.1. ' Variance to the Zoning 0:25 p.m. Application of Ordinance Article III, Section ''~ MRS. GRACE E. KENNEY, 100-32 for permission to ~g~ 2020 East Gillette Drive, East construct accessory garage in .~L Marion, NY for a Variance to the frontyard area at 370 ' the Zoning Ordinance, Article Harbor 'Road, Orient, NY; III, Sections 100-31 and 100-34 STATE OF NEW YORK ) ) SS: County Tax Map Parcel No. 1000-0~-04-006. ~ 7:40 p,m. Application of BRUCE AND PATRICIA STEWART, Schoolhouse Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to dwelling with an insufficien} sideyard setback at 870 Schoolhouse Road, Cutchogue, NY; County Tax Map Parcel No. 1000-1024}5-014. 7:45 p.m. Application of PETER AND CALLIOPE PA- PANTONIOU, 55370 C.R. 48, for permission to construct ,~add~tion (two-car garage) '" with variation to the previous ' appeal, No. 3067, in the front · and/or sideyard areas at 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 10~0-038-03-020. 8:35 p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma, NY for a Variance to the Zoning Ordin- ance, Article 1II, Section 100- 32 for permission to construct swimmingpool in the frontyard area, at 4355 Wunnaweta Road, Cutcbague, NY; Nassau Point Filed Map, Southold, NY for a Variance to Lot 222; County Tax Map the Zoning Ordinance, Article Parcel No. 1000-111-012-006 & 11I, Section 100-32 for ' 007. (William B. Smith, agent) permission to increase size of ~/~ 0:45 p.m. Application for existing garage which is DAYSMAN MORRIS. by . . lish library use in the exmting CRAIRMAN building in this B-1 District, at 2~735 Main Road, Cutchogue, For further information NY; County Tax Map Parcel - concerning the above No. 1000-102-054)22. i~ hearings, please contact 0:10 p.m. Application of 0 Linda Kowalski, Secretary of CUTCHOGUE FREE L'-'/~ (oBrO~2)o.f Ap~ Cutchogue, NY for a Variance t~ _. - ~- to the Zoning Ordinance,/ ,(g , Article XI, Section 100-112(H) for permission to use accessory off-street parking area adjoining this premises for this proposed library. Location of Properties: North side Main Road. Cutchogue, NY; County Tax M~aaP23Parcels ' ' N~_1000-102-05-22 aha . 1~"~:15 p.m. Application for ~ ~KATHRYN REEVE, by Scott R. Albrecht, West View Drive, . Mattituck, NY for a Variance -~ to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) ~ in the side yard area, at 555 West View Drive, Mattituck, NY; County Tax Map Parcel COUNTY OF SUFFOLK ) Kamen Jea~ ~$ko of Greenport, in said County. being duly sworn, says that kJ/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk end State of New York, and that the Notice of which the annexed ia a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 16th dayof June 19 8~ HELEN K. DE VOE PUBLIC, State et New York lo,res March 30, 19~ Sworn to before ma this 16th day of June 19 83 LEGAL NOTICE NOTICE IS HERESy GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meet ng and the following Public Hearings will be helcl by the Southold Town Board of Appeals at the Southold Town Hall, Main NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of ,~ the Town Law and the Pro-. visions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY~ JUNE 23t 1983 commencing at 7:30 P.M. and as follows: ~ ~,~7~5 Main Road, Cutchogue, N.Y.; County Tax Map Parce! No. 1000-102.05-022., 8:10 p.m. Application: of CUTCHOGUE FREE lr.I. BRARY, Main Road, Cut. chogue, N.Y. ~or a Variance to the Zoning Ordinance, Article /il, Section 100-112(H) for per-, mission to use accessory off- street parking area adjoinin~/w this premises for this propose~ library. Location of Properties:. North side Main Road, Cut- chogue, N.Y.; County Tax Map Parcels No. 1000-102.05. 22 and 2.3 ..... p.m. Applicati;n 'f~r~ KATHRYN REEVE, by Scott R. Albrecht, West View Drive, Ma~tuck, N.Y. for a Variance to the Zoning Ordinance, Article Ill, Section 100-32 for permission to construct ac- cessory building (garage) in the side yard area, at 8~$ West View Drive, Mattituck, N.Y.; County Tax Map Parcel No, 1000-139-01-019. : . 8:20 p.m. Application of ovo ANo ST-aNT, SSS Villagn,'~Lane, Orient, N.Y. for a Variance the Zoning Ordinance, Article RI, Section 100-31 for per- mission to construct addition to dwelling with an insuf- ficient rearyard setback, ~t 555 Village Lane, Orient, N.Y.; County Tax Map Parcel No. 1000-25-2-5.I. ~ 8:25 p.m. Application of MRS. GRACE E. KENNEY, 2020 East Gillette Drive, East Marion, N.Y. for a Variance to ' the Zoning Ordinance, Article III, Sections 100.31 and 100-34 for permission to construct addition (two-~ar garage) with variation to the previous ap- peal, No. 3067, in the front and/or sideyard areas at 2020/~ East Gillette Drive, East Mar- ion, N.Y.; County Tax Map Parcel No. 1000z038-03r020~ . 8:35.~ 'p:~' A~'plicaii~n" of ' FRANK MESSINA, Box 368, Ronkonkoma, N.Y. for a Var- iance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swim- mingp?ol in the frontyard area, at 4355 Wunneweta Road, Cutchogue, N.Y.; Nas- sau Point Filed Map, Lot 222; County Tax Map Parcel No. 1000-111-012-006 & 007. (Wil- linm B. Smith, agen0. ' 8:45 p.m. Application for DAYSMAN MORRIS, by Ru- dolph H. Bruer, Esq., Main Road, Southold, N.Y. for Variance to the Zoning Ordin- ance Article VI, Section 100. 60(A) & (B) to store materials in the open area upon this parcel, zoned B.Light Busi- ness. Location of Property: 405 Kb-win Boulevard, Oreenpert, N.Y.: County Tax Man Parcel J COUNTY OF SUFFOLK O STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man c~hce each week for ........................... ./. ........... weeks c~ successively, commencing on the /~ day~ .......... ~ ................. , 19...~ Swam to before me this '/g day of ........... ................. , JUDITH T. TERRY TOWN CLERK REGISTRAROI VII'ALS1 \IISII(S 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 May 26, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3140 applicat%on oY Scott R. Albre0ht for Kathryn Reeve 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 Disap/~roval from the Building Department; and survey. . _,._,~ ~ ~~Te rr~y ~'' Southold Town Clerk~ I ElVm TOWN OF SOUTHOLD, NEW YORK MAY26 1983 'APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE ~O'-Y ~at~3 1, (We)...~....c~C...!.:l.....~...'.....tZI~J~.~9...'... .............. of ........ J~).~.~.~...V../~..~......~.~!..l~'.....~...~...?... ............. Name of ,Appella,nt Street and Number ............. ..~.-.,..'~...'~./-t..~..Cr:..~.. ...................................................... ~4{..~./'..~.....Y..'~.P.,ZG~IEREBY 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 of jc/p.9/j/,¢ # ~,.j::/~.~..~.,..1L..~..~ ....... ~_..~.,~.. ............. ~ ....... .~.....~...~/...~..~...~lt.{ .~.. ...................... Street and Number Municipality State ( ) PERMIT TO USE ) P[RMIT FOR OCCLL,.)PANCY 1. LOCATION OV THE PROPERTY ................................. i'. ..................................................... ~...7..~..-O,d~.-.~ Street Use District on Zoning Map /ooo-..-/57- f - /, /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 herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock 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~6een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that po~ ~,~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~5~'~ ~0~)1~4+ b~ o~,bJ'e ~ ~1~")L ~q ~ 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 ~/O 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW, YORK ) COUNTY ) Signature ELIZABETH ANN I, IEVILLE NOTARY PUBLIO, State of New YOI~ No. 52-8125850, Suffolk Coun~ Term Expires March 30, / BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of : tO the Board of Appeals of the lown of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~.L%~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~arianc~ (Special Exception) (Special Permit) (Other) [¢±r¢le choice] I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follow~,- , 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petitign, the undersigned will request the following relief: $. That the provisio.,~ of the Southold Town. Zoning Code applicable to the relief sought by the under* signed are A:tL¢le _/LL.~ ~ct&o~ /g7~7- ~'~ 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. (5].6) 76'5-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the T/own of Southold and designated for the publication of such notices; that you or your representative have the ri~bt:,tg:al;~Pear and be heard at such hearing. Petitioner Post Office Addr,~ss NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 443 644 016 ~ECEIPT FOR CERTIFIED MAIL NU INSURANCE COVERAGE PROVIO~D - NOT F:OR iNTERNATIONAL MAIL (~ee Reverse) Certified Fee 3,~ )at ~l~ddr, s of Dehvery P 443 644 015 [{ EC[:IPT fOR CERTIFIED MAIL NO I F ()R IN] ERNATIONAE MAIL (See Rever~e) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ +Q t~ , being duly sworn, deposes and says that on the ~ day of , ~ ~ , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- ve~ side hereof,directed to each of the above-named persons at the addresses set opposite thor respective namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ~) (resis~r~d) mail. - ; that said Notices were mailed to each of said persons by 5worn to before m~ this ~ Notary Public ' - ~IZAB~ ANN N~I~E ~ARY PUBLIC, ~ate ~ New NO. ~-8125850, Suffolk T~ ExCres Mar~ 30, SHORT ENVIRON~NTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available in£orm.~ation concerning the project and the likely impacts of the action. It is not exoected that additional studies~ research 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 tbmt this project is no.._~t significant. (d) Enviror_mental Assessment me Will project result in a large physical cbmnge to the project site or physically alter more than t0 acres of land? ...... 2. 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 zajor adverse effect on 8, Will project have a rmJor effect on visual char- 9. 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 opportunities9 · · · 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or 1L. Will project ~ffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of %he com. munity or neighborhood?. , 15. Is there publiq~bontroversy concerning the project? REPRESENTI?;G: Yes Yes /No ., Yes Yes /No Yes ~No Yes ~No Yes ~No Yes Yes /No Yes To: Southo!d Town Boara of Hain Road Southo!d, NY 11971 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 La~.;, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] ~!ay be ~ ~o' *~' * ~oc~=~c wz=nzn 300 feet of tidal wetiands; however, constructed along the water-lying edge of this properny is a bulkhead in very good condition and at least 100 feet in length.* [ ] ~av_ b'e 'located within 300 ~ee~ = ~ of tidal wetlands; bo%.;ever, constructed along the water-lying edge of tkis 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 concrete wall existing on the premises. -[ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, (oignasu~= please) NOTE: If proposed project falls wiCh3, n D.E.C. jurisdiction, approval must be received an~ submitted to our office before your application can be.scheduled for a public hearing. ! //I