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HomeMy WebLinkAbout3073ROTH~_A~, ?0wz''r.n .3. #3073~'~'l~j~ ~ Lakeview Ave., Peconic ~g 2/4/83 CA-construct new dwelling with insufficient front (and/or rear) yard setbacks. 67-3-2,3,13 Southold Town Board of Appeals I~AIN 1~I3AD- ~TATE I~r'IAD 25 SnUTHI3LD, L.I., N.Y. llg'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3073 Application Dated January 11, 1983 TO: MR. RONALD J. ROTHMAN Box 878, Southold, NY 11971 MR. VICTOR L'EPPLATENIER, JR. Box 361, Peconic, NY 11958 (Public Hearing held 2/4/83) [Appellant(s)] (owner) At a Meeting of the above on your the Zoning Board of Appeals held on February 4, 1983 appeal was 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 [X] Request for Variance to the Zoning Ordinance Article III, Section 100-31 [ ] Request for The public hearing in this matter was also held on February 4, 1983. Upon application of RONALD J. ROTHMAN, Box 878, Southold, NY (Owner: V. L'Epplatenier) for a Variance to the zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front (and/or rear) yard setbacks at Lakeview Avenue, Peconic, NY; Peconic Shores Section II, Subdivision Lots 52-56 incl.; County Tax Map Parcel ID Nos. 1000-67-03-002, 003 and 013. The board made the following findings and determination: By this appeal, appellant seeks permission to locate a proposed one-family dwelling on a parcel of land containing an area of approxi- mately 34,750 square feet and comprising Subdivision Lots 52, 53, 54, 55 and 56 of "Map No. 2 of Peconic Shores, Map No. 654 as filed in the Suffolk County Clerk's Office." The proposed dwelling is to be located at the southeasterly end of the subject premises with a setback from both Lake View Avenues of 15 feet. The appellant has indicated that the rear yard setback from Autumn Lake will be a minimum of 50 feet as required by the zoning code. Survey amended September 1, 1981 for Victor L'Eplattenier, Jr. by Roderick VanTuyl, P.C. indicates that the parcel in question has a higher elevation at this proposed location in comparison with the remainder of the lot, between 10' and 5'. It is noted'for the record that this property is located in the Flood Zone A-8 which requires a minimum elevation above mean sea level of the lowest floor at or above 11' The board agrees with the reasoning of the applicant and find that this area is the most feasible and practical building area. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance as indicated below. (CONTINUED ON PAGE TWO) DATED: March /, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS page 2 - Appeal No. 3073 Matter of RONALD J. ROTHMAN Decision Rendered February 4, 1983 On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3073, application of RONALD J. ROTH- MAN for permission to construct one-family dwelling with insufficient frontyard setbacks at 15 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the grant of this variance is subject to the conditions of Appeal No. 2897, application of Victor L'Epl.a.ttenier, filed with the Office of the Town Clerk on November 10, 1981, granting approval of access. 2. An updated N.Y.S. Department of Environmental Conservation review concerning this project. 3. Compliance with the Floodplain Management Law of the Town of Southold. Location of Property: 54, 55 and 56, Map No. 654; 2, 3 and 13. Peconic Shores Subdivision Lots 52, 53, County Tax Map Parcel ID Nos. 1000-067-03- Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY 7~ SOOTHOLD TOWN CLERK DATE ~/~3 HOUR ! Town Clerk, Town of ~outhold MAIN I~QAD- STATE EDAD 25 SDUTHE)LD. L.I.. N.Y. 11971 TELEPHONE {516) 765-1809 APPEALS BOARD ~EMBERS GERARD P. GOEHR/NGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS v; JOSEPH H. SAWtCKI NOTICE IS HEREBY GIVEN, Dursuant to Section 267 of the Town Law and the Provisions of the Amended-C~de~:~f the Town of Southold, a Regular Meetino and the followin~ Public Hearings wiI1 be held by the Southold Town Board of Ap~eats at the Town Hall, Main Road, Southold, New York on FRIDAY, FEBRUARY 4, 1983 commencin~ at 7:30 p.m. and as follows: 7:30 p.m. Application of FR~K TARULLI, 1540 North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permisslon to construct accessory horse stable and staff one horse for personal use in this A-Residential District at 1540 No~th Bayv~ew Road, Southold, NY; County Tax Map Parcel ID No. 1000-79-06-002.1. 7:35 p.m. Application of LAST ASSOCIATES, Box 796, Cutchogue, NY for a Variance to the Zoning Ordinance, Article II!, Section 100-31 for permission to construct one-family dwelling with reduced front and rear yard setbacks u~on Darc~i located~on the north side of Birch Avenue, Southold, NY; County Tax MaD Parcel ID No. 1000- 77-01-021. 7:40 p.m. ADolication for GRACE E. KENNEY, 2020 East Gillette Drive, East Marion. NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for oermission to construct additions to e×istin~ dwellin~ increasing the lot coverage over the 20% allowable and reducing the front and rear yard setbacks, at 2020 East Gillette Drive, East Marion, NY; Marion Manor Subdivision MaD #2038, Lot ~47; County Ta~ MaD Parcel ID No. 1000-38-03-920. 7:45 p.m. Application of ~EORGE AND NATALIE WIESE~, Harbor Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article Iii, Section 100-32 for permission to construct accessory garage in the f£ontvard area at 1415 Harbor Lane, Cutchoque, NY; County Tax Map Parcel ID No. 10s0-97-06-010. (continued on page two) '~ ~"~' Pa~e 2 - I~al 'r~tice of HearinGs Re~utar Meetinc of February 4, 1983 Southold Town Board of Appeals 7:50 p.m. Application for ~ST ~D SUPPLY CO., INC, bv Irvina L. Price, Jr., Esq., 828 Front Street, GreenDort, NY for a SQecia! Exception to the ZoniD_q Ordinanee~ Article VIII, Sec- tion 100-80B for ~ermission to construct warehouse-office buitdinq Location of ProPerty: Sou~h NY; County Tax MaD Parcel ID in this C~mqht Industrial" Zone. Side of Comwin Street, Greenoort, No. 100~-48-02-C02 & 003. 8:00 p.m. Recessed Hearing: Appeal No. 3061. _ANITA M. _SAMUELS: (1) Pool on vacant lo%R ~!2). Approval of Access. 8:00 p,m. Recessed Hearinq~ Appeal No. 293D. SAL CAIOLA. TO construct condominium units at C.R. 48, SouthoZd, NY. ~:1{ p.m. Application of RONALD J. ROTHMAN, Box 878, Seutkold, NY {Owner: V. L'Epplattnier] for a Variance 5o the Zoning Ordinance, Article II!, Section 100-31 for permission construct new dwelling with insufficient front and rear yard setbacks a~ Lakeview Avenue, Peconic, NY; Peconic Shores Section Subdivision Lots 52-56 inc!,; County Tax MaD Parcel ID 1000-67-03-002, 003, 012 and 013. Ii, 8:15 o.m. Mattituck. NY Ordinance, greenhouse Mattituck, ADDlicstion of WILLi~24 B. BERLiNEe, JR.. BOX 647. {Owner: B. Norris} for a Variance to the Zonin~ Article VII, Section 100-7! for permission to construcn addition with reduced smdeyard setback a5 105 Love Lane, NY; County Ta~ Map Parcel iD No. 1000-141-04-031. 8:20 p.m. .Application of JOHN & SAEINA BAS!LE, 510 Custer Avenue, So~theld, NY for a Variance to the Zoninq Ordinance, Article !ti, Section 100-31 for Dermisslon ~o construct addition to exis~in~ dwellinc with reduction in frontvard setback am 5!0 Custer Avenue, Southo!d, NY; Fairview Park Subdivision MaD 3388, Lot !i; County Tax Mae Parcel iD No. !000-~0-08-033. 8:25 o.m. ADelication for JOSEPH & ~RY 3NOZZO. by Gary Flanner Olsen, ESG., Main Road, Matt~tuck, NY for a Variance the Zoninc Ordinance, Article VI, Section 100-60 and Article Section 1}0-1tSD for DermAssion to reinstate nonconformin~ dwellin~ use for existin~ building in this B-Zone at 73265 Main Road. Greeneort. NY; County Tax MaD Parcel ID No. 1000-45-03-002. 8:30 p.m. Application of IRENE & POPPI PAPADAK!S, Main Road, Box 28, Orient, NY for a Variance to the Zonina Ordinance, Article III, Section 103-30 for permission to use Dart of residence for a skin care clinic at 26165 Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-18-03-023. Dated: January 13, i983. BY ORDER O~ THE SOUTHOLE TO~WN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAiP_~AN (BV Li ,,da Kowalski) Instructions to newspapers: PLEASE PUBLISH THURSDAY, JANUARY 27, 1983 and fo~ard 10 affidavits of publication to: Board of Appeals[~ ' . Main Road, Southold, NY 1197~ on or before ~ - P~qe 3 - Leqal Notick~of Hearings Regular Meeting Of February ~ 1983 Southold Town ~oard of Appeal§ Copies to the followina on Suffolk Times L.I. Traveler Town Clerk Bulletin Board Mr. Frank Tarulli~ 1540 N. Last Associates, Box 796, Mro and Mrs. Robert Kenney, Mr. and Mrs. Georqe Wieser, Irvinq L. Price, Jr., Esq. or'about Mondav, January 24, 1983: Bayview Road, Southold, NY 11971 Cutchoque~ NY 11935 2020 East Gillette Drive, East Marion, NY 11939 Harbor Lane, Cutchogue, NY 11935 for East End Supply Co.~ InCo Mr. Ronald J. Rothman, Box 878, Southold~ NY 11971 Victor L'Epplattenier, Jr.~ 2 Dorothy Gate, Massapequa, NY 11758 P.O. Box 361, Peconic, NY 11958 Mr. William B. Berlinert Jr., Box 647, Mattituck, NY 11952 Mr. and Mrs. John Basile, 510 Custer Avenue, Southold,~NY 11971 ~ary Flanner Olsen, Esq. for Joseph and Mary Gnozzo, Main Rd~ Irene & Poppi Papadakis, Box 28, Main Road~ Orient~ NY 11957 Mattituck Z.B.Ao Members Mr. Lessard Town Board Members Sumerv~sor.W. Pell Town Attorney FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To /~..~..~7..c~./C2/ '~' dC-/.~.~.. "/~''~" .... ~o. ~...~Z~ ................... .. ~.~.~h~/~,. PLEASE TAKE NOTICE that your application dated . ~.~-~ .... ~ ......... 19 .~ for pemit to construct .~...~ ~.. ~t ~..~~ ~ ..... k ............ at ~ / / -- ~ ~~ ,~ ~ ,- . ~cat,on of Property ha&;(~.. Co.nt~ Tax ~= ~o. ~000 S~otioa . is returned herewith and disapproved on the follow~g Tow, oF JA]p 8A L FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~'~4~) 73 DATE ... ~ ......... TO THE ZONING BOARD OF APPEALS, TO'WN OF SOUTHOLD~ N. Y. 1, (We).~.,~..~ ............. .6f ........ ,i~l~.:l}_~.:,; ............................................ Name of-Appella.nt . Street and Number .............. 2...: ....... ; ......................................................... .~.,..~..~...HEREBY APPEAL TO Municipality State - THE ZONING BOARD ~OF;APPEALS FROM `TH E, DECISION QF ,THE BUILDING INSPECT~)R QN APPLICATION FOR"PERM1T NO ............................. : ....... DATED ..i~.,..',~l~'~.L.~ ......................... WHEREBY THE.B'UILDING iNSPECTOR DENIED TO - Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1 L~OCATION OF THE PROPERTY ..... lt/¢$:~i,a~,..-~tJ~l~...' ....... ~f~tttiJ~li~,~.~ ....... ~" ~ · Street Use District an Zoning Map .a6 .......... ......... ,a .al3 ....... MaD No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraah of the Zoning Ordinance by number. Do not quote the Ordi.nance.) 3. TYPE OF APPEAL Appeal is maae herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to ack df access (State of New York Town Law Chap. 62 Cons Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A grev~ous appeal (has) (JilJ~*llJ~ been made with respect to this decision of the Bu'ildihg Inspector or with respect to this property· Such appeal was ~ I request for a special Permit (~) request For a ,ariance and was made n Appea No .... .~..~..~. ................ Dated ............ ~.~,..~I~_:~..,.~.:~ ....................... REASON FOR APPEAL ) A Variance to Section 280A Subsection (X,) A Variance to the Zoning Ordinance ¢ ) is requested for the reason that ~ (Continue on other side) REASON FOR APPEAL Continued 1. SzI-t~ICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar~ HARDSHIP because ~ ~.~ ,~>~ ~~ ~ ~- ~ ~ t~ ~' ~' ~ ~ '~" ~ 2 The hardship created is UNIQUE and is not shared by oil properties alike in the ~mmediate vicinity of this property and in this use district because 3. The Variance wou~d observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ ~t~;z,~; ~,~i ~ ~..~ ~ r~. -i ~ COUNTY o ) 19~..~ -- ~J Notary Public . / NOT~ PUBLIC; ~ate of ~w r'X  ONFORM TO THE STAND'ARi~S OF T~ (S), ~LICANT SUFFOLK COUNTY DE~Y-, OF SERVICES FOR APPROVAL 6ONSTR UCT ION ONLY DATE: H, S. REF. NO.: --= APPi~Ow r OF ), TAX SECT. BLOCffi PCL. DEED: ~~O ~O~ STATEMENT OF INTENT ViC TO~ / ,~p/ ..... ~ ~.~ w~.~. ~.~, ~.o ~w~o~ ~,~ __ .~T~NIE~L~ sysTeMs FOR THIS .ESlDENC[ WILL PECONIC ~FFOLK CO. DEPT. I . (S) TO~N OF ~T~, ~.~ APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL OF SUFFOLK DIST. CO.~c,.TAX MAPBL~K DEsIGNATION:~L. ~x ~t ~ ~ A VALID TRUE COPY. .... ... RODERICK VAN TU~, P.C. LIC~ LA~O ~VEfOES N017B0 HES'KEL M. HADDAD. M.D. 427-1246 NINE EAST NINETY-SIXTH STREET, NEW YORK, N.Y. 10028 May 2, 1983 Board o! Appeals Town of $outhold Board of Appealls Town of Southold Main Road Southold, New York 11971 Re: Mr. Ronald J. Rothman's Petition Dear Sir or Madam: After having visited the grounds on which Mr. Ronald J. Rothman wishes to build a house, I object to such a building because I believe it will interfere with the ecology of the area especially that flooding, which is not uncommon, may destroy the whole structure of the pond on which my property borders. Before permission is granted, the Enviromental Protection Agency should be consulted to determine whether building a house with cess pools and everything else connected with it would not disturb that environment. Sincerely yours, Heskel M. Haddad, M.D. HMH:cs APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE RI3AD 25 S[3UTHE]LD, L.I., N.Y. llS?l TELEPHONE (516) 765-1809 March 2, 1983 Mr. Ronald J. Rothman P.O. Box 878 Southold, NY 11971 Re: Appeal No. 3073 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office 765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Mr. V. L'Ep!attenier, Jr. GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Jan 19, 1983 Heskel M. Hadda$, M.D. 9 East 96th Street' New.York City $0028 Dear Dr. Haddad, I am in reoe~P~'ef your request for copies of the maps for review o~ Ronald*s request for a variance. PIe&~ he~a~vieed that~Ron is sn vacation and out of the country at this time. He is expested to return the first week of Feb. When he r~turns I will advise him of your request and am sure he will reply promptly, I a m herewith sending a copy of this letter to the Zoning B~ard sfAppeale and po~sibly, t~ey .will delay his hearing until he gets backand has a chance to reply. ~9~y new Year and best of reguards. c.c.: Sout~eld KBA Town Hall Southold HESKEL M. HADDAD, M.D. 427-1246 NINE EAST NINETY-SIXTH STREET, NEW YORK. N,Yo 10028 January 13, 1983 Board of Appeals Town of Southold Main Road Southold, New York 11971 Dear Sir or Madam: Re: Mr. Ronald J. Rothman's Petition I object to the Variance as submitted by the notice dated January 8, 1983 which was received today, January 13, 1983, at my Manhattan residence, 1200 Fifth Avenue, on the grounds that I have not been given the opportunity to examine the maps and the Variance. If Mr. Rothman wishes to send me copies of the maps for review I may change my position. Sincerely yours, HMH: cs Heskel M. Haddad, M.D. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Ronald J. Rothman to the Board of Appeals of the Town of Southold TO: l)r. Heskel M. Itaddad Lakeview Dr. ?econic, N. Y. 11958 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER ' 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(Special Exception) (Special Permit) (other) [ci:¢Le cho±ce] 2. Thattheproperty whichisthesubjectofthePetitionislo?tedadjacenttoyourpropertyandisdes- cribed ~follows: Peconic shores subdivision i~'~p # 654 Lots ~2-58 incl. ' !~ 002, 003, 0012, 013 Suffolk County Tax ~p ~/ 1000-067-003 Lot::; 3,~That the~p~pRrtywbicb is the subject of such Petition is located in the following zoning district: "A" ~one, ~e o laen~la± 4. That by such Petition, the undersigned will request the following relief: ~-1 variance to allow ?or construction of a one family dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-~1 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 Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 1-8-83 Ronald J. Rothman Petitioner Post Office Address Box 878 Southold, N, Y, 11~71 (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~~T'~~ Location of Property: ¢. Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i~ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; ho~ever, 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. [ ] not appear to 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 of tidal wetlands to the best of my knowledge.* [Starred items~(*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, ,'---7----~o) In order to answer the questions in this shor~: EAF it is assumed t~ot the preporar will project end thL: likely impacts of the octio'n. It is not expected tho~ additional studies, research or other investigations will be undertaken. Lb) If ~ny quemlion has been answered Yes lhe project may be significant end o compleled Environmeniol Assessment Form is necessary. Lc) If all questions have been answered [qo il is likely~%hat lhis projccl is not significant. .. ' ': (d) ~nvironmeniol Assessment 1. PREPARER ' S REPP. ESEIIT ING use currently available information concerning the %'/ill project result in a large physical change . to the project site or physically alter more X than 10 acres of land? ................ : ........ Yes.. No 2. Will there be a major change to any unique or -unusual land form found on the sit&? .......... Yes 3. ~'/ill project alter or have o large effect on ' YesP< exist';ng body of water? ....................... , 4. ~'/ill project have o potentially large impact , on groundwater quality? ....................... , ,Yes No_ 5. Will project significantly effect drainage · flow on adjacent sites? ........................ Yes. . q 6. %Vill project affect any threatened or endangered plant or onlmal species? ............ Yes.x No 7 Will j It j d ff ~-t · pro ecl resu in o rna or a verse e e ~N on air quality? ............................... . . Yes o 8. Will project have o major effect on visual character of the community or scenic views or · vistas known to:be important to the community?. Yes.~_No ~. %';ill project adversely impact any site or .. structure of historic, prehistoric or .. paleontological imporlonce or any site designated os a critical environmental area X by a local agency? ............ :~,."-'~'-;','.'-:"~--~', Yes No 10. ~'Jill project hove a major effect on existing or future recreational opportunities? ......... Yes XNo 11. %'7ill project result in .major traffic problems or. cousa o mo joterfact to a×isting S ' transportation systems? ....................... Ye, o 12. Will project'.regularly couse objectionable odors, noise, glare, vibration, or electrical disturbance os o result of the Pr°jectIs ~._ operation? ........ ' .... ,/ o Will project hova or.salary? .................................... Yes 14. %'/ill p~oject effect the existing community by directly causing o growlh in permanent population of more then 5 perccot over o one year period or hove o major negetive effect on the character of the community or X neighborhood? ..................... ..... . . . .... Yes. 1.5. Is there public controversy concerning the .XN project? ..................... Yes o Stony Brook, I.~ York 11794 (516) 751-7909 ~qD~q~T F. FLACKE C~/..~ssic~er Auguet 12, 1981 Mr. Victor L'Eplattenier Bcx 361 Peconic, N. Y. 11958 ~: S.C,T.M. 1OOO - 67 - 3 - 12 & 13 -"MAP OF PECOh/C SHORES"- Dear Sirs No~, No File As a rem~lt of your inquiry ~,.cerning the abov~ referenced parcel, this Dapa~h~znt has oond~ an on-sit. ' .Inspection. ~,~ have found f~he parcel or (p~ject) to be_ beyond the Jurisdiction of this Department, Since there are no Inv,:+ntoried Fresh or Tidal Wetlands present. ~erefore, pursuant to Part 661~ Official C~.~,ilation of Codes, Rules and F?c~?],~tions of the State of I.~; York~ Section 661.4 (b), no permit under Article 25 (Tidal ~'~tlands) of the t!~viron~mtal Conservation Law is required. Neither is -,~ Article 22 (FRESPMATER WETLANDS PEEF2[T) required. c. c.FILE Very truly _vour~, ./7 R~ional P~-mit Administr-~tor ' NOTICE IS HEREBY GIV- EN, pursuant to Section 257 of the town Law and the Provi- sions of the Amended Code of the town of ~outhold, a Regu- lar Meeting and the following Public Hearings will he held by the Southold Town Board of appeals at the Town~ HaH, Main read, Southold, New York on FRIDAY, FEBRUARY 4, 1983 commencing at 7:30 p.m. end ax follows: 7:30 p.m. Application of FRANK TARULH, 1540 North Bayview Road, Southold, NY for a Varience to the Zoning en~ece' Article m, Section permiseion to con- ssory hor~e stable and staffone horse for person- al axe in this A-Residential District at 1540 North Bayview Road, Southold, NY; ~'-0~022.f. -- _ ........ ~'-7~5 p.m. Application of LAST ASSOCIATES, Box 796, Cutohogue, NY for n Variance to the Zoning Ordinance, Ar- ticle HI, Section 100-31 for permission t.o construct one- family dwelling with rednced front and rear yard setbacks upon parcel located on the north side of Birch Avenue, Southold, NY; Conty Tax Map Parcel ID No. 1000-77-01-021. 7:40 p.m. Application for East Gillette Drive, E~st ldar- ion, NY for a Variance to the Zoning Ordinenee, Article m, Sections 100.31 end 100-34 for permission to censtruet addi- tions to existing dwelling in- creasing the lot coverage over the 20% allowable end redn- cing the front and teas yard Drive, East Marion, NY; Mar- ion Manor Subdivision Map ~030aP Parcel T:45 p.m. Application of GEORGE AND NATALIE WIESER, Harbor Lene, Cut- ebogue, NY for n Varhmce to the Zoning Ordinance, Ar6ele / Hl,.Section 100-32 for permis- sio6 to cong~uct a~essory ~ garage in the frentyard area at · 1415 Harbor Lane, Cutohegue, NY; County Map Tax Parcel No. 1000.97-06-010. 7:50 p.m. Appliceton for EAST END SUPPLY CO., INC. by Irving L. Price, Jr., F.~i., 828 Frent Street, Green- pon NY for a Special Eacep- tion to the Zoning Ordinance, Article VIII, Section 100-80B for po~issinn to construct wareboaxe-office building this "C-Light Industrial" Zone. Location of Property: Senth Side of Corwin Street, Greenport, NY; County Tax Map Parcel ID No. 1000-48-02- 002 & 003. COUNTY OF SUFFOLK STATE OF NE-M/ YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG iSLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................ /. .............. weeks successively, commencing on the ....... .?..~ ....................... day~ ..... .j~......o~....%:?~... '", ...... 19....~.~. Sworn to before me this ................................ day of "..?~...~..K~.fXk~ ............. , 19...~. ~:-'u p.m. Appli~ ...........~ J~ & S~INA ~AS~ 510 Cu~ Avenue, ~old, r~otary--rublic 8:00 p.m. Recessed Hear- ing: Appeal No. 3061. ANITA M SAMUELS: (1) Pool on vacant lot; (2) Appreval of Access. 5:00 p.m. Recessed Hear- ing; Appeal No. 2930. SAL CAIOLA. To centruct condo- minium units at C.R. 48, Southold, NY. / "B:10 p.m. Application of RCNALD J. ROTHMAN, Box 87& Southold, NY (Owner: V. L'Epplattnier) for a Variance to the zoning Ordinance, Art- cie m, Section 100.31 for emission to construct new dwelling with insuffident front end tend yard setl~,ks a~ Lakevtew Avenue, Peconic, NY; l~enic, NY; ~ Shores Section 1I, subdtvtsien Lots 52-56 incl.; County Tax Map Parcel ID Nos. 1000-67- ~03-002, 003, 012 end 013. ~ 8:15 p.m. Application of WILLIAM B. BERLINER, JR., Box 647, Mattituck, NY :Owner: B. Norris) for a Vari-. nnce to the Zoning Ordinence~ Article Vii, Section 100-71 for permission to construct green- house addition with reduced sideyard setback at 105 Love Lane, Mattituck, NY; County Tax Map ParCel ID No. 1000- ' 4' -04-031. NY for a Variance to the Zoning Ordinance, Article ID, Section 100-31 for pe~ission to construct addition to exist- ing dwelling with reduction in frentyard setback at 510 Cus- ret Avenue, Southold, NY; Puirview Park Subdivision Map 3388, Lot 11; County Tax Map Parcel ID No. 1000-70-08- 033. 8:25 p.m. Application for JOSEPH & MARY GNOZZO, by Gary Finnner Olsan, Esq., Main road, Mattituck, NY for a Variance to the Zoning ordin- ance, Article VI, Section 100- 60 and Article XI, Section 100-1lSD for permission to~ reinstate nonconforming- dweli'mg use for existing build- ing in this B-Zone at 73265 Main Road, Greenport, NY; County Tax Map Parcel ID bio. 1000-45-03-002. 8:30 p.m. Application of IRENE & IN)PPI PAPADA- KIS, Main KRoad, Box 28, Orient, NY/bt a Variance tO t~e Zoning Ordinance, Article HI, Section 100-30 for permis- sion to use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; Coun- ti' Map Parcel ID No. 1000-18- 03-023. Dated: January 13, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER* (By Linde Kowal~ki) IT-1/27/83(10) ~6t../ NOTICE IS HEREBY GIV- EH, pursuant to Section 257 of the town Law and the Provi- sions of the Amended Code of the town of Southold, · Regu- lar Meetin~ and the following Public Hearings will be held by the Southold Town Board of appeals at the Town Hall, Main road, Southold, Hew York on FRIDAY, FEBRUARY 4, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of FRANK TARULLI, 1540 North Ha}view Road, Southold, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-03 for permission to con- struct acceszory horse stable and statfone horse for person- al use in this A-Residential District at 1540 North Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000. 06-022.L 7:35 p.m. Application of LAST ASSOCIATES, Box 796, Cotchogee, NY for a Variance to the Zoning Ordinance, Ar- ~ to. construct .on~, family dwelling with reduced frent and rear yard setbacks upon pereel located on the north side of Birch Avenue, Soothold, NY; Conty Tax Map Parcel ID No. 1000-77-01-021. 7:40 p.m. Application for GRACE E. KENNEY, 2020 East Gillette Drive, East Mar- ion, NY for a Variance to the Zoning Ordinance, Article HI, Sections 100-31 and 100-34 for permission to construct addi- tions to existing dwelling in- creasing the lot coverage over the 20% allowable end redu- cing the front and rear yard setbaeks~ at 2020 East Gillette Drive, East Marion, NY; Mar- ion Manor Subdivision Map #47; County Tax Map Parcel ID Nol 1000-38-03-030. 7:45 p.m. Application of GEORGE AND NATALIE WIESER, Harbor Lane, COt- chogee, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-32 for permis- sion to construct accessory garage in the frontyard area at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel HI No. 1000-97-06-010. 7:50 p.m. Applicaton for EAST END SUPPLY CO., INC. by Irving L. Price, Jr., Esq., 828 Front Street, Green- port, NY for a Special Excep- tion to the Zoning Ordinance, Article VIII, Section 100-80B for pe~ission to construct warehouse-office building in this "C-Light Industrial" Zone. Location of Property: South Side of Cotwin Street, Greenport, NY; County Tax Map Parcel ID No. 1000-48-02- 002 & 003. 8:00 p.m. Recessed Hear- ing: Appeal No. 3061. ANITA M. SAMUELS: (1) Pool on vacant lot; (2) Approval of Access. 8:00 p.m. Recessed Hear- ing; Appeal No. 2930. SAL CAIOLA. To contruct condo- minium units at C.R. 48, ~:.10old, NY. p.m. Application of~ :ONALD J. ROTHMAN, Bog ~78, Southold, NY (Owner: L'Epplattnier) for a Variance/ to the zoning Ordinance, Art-, le Ill, Section 100-31 faf\ ~--rmission to construct newl IweHing with insufficient front md rend yard setbacks at .akeview Avenue, Peconic~)/ COUNTY OF SUFFOLK STATE OF NEW YORK t.ht; Peconic, NY; Peconi~ Wood, being du'.y sworn, soys Patricia that she is the ores Section H, sebdivis_io~ tar, af THE LONG ISLAND TRAVELER-WATCHMAN, s 52-56 incl.; County Ta~ ap Parcel ID Nos. 1000-67~ ublic newspaper printed at Southo[d, in= Suffolk County; 034)02, 003, 012 and 013. / . . C~15 I that the notice of which the annexed is a printed copy, of P m Application WILLIAMB. BERLINER, JR.,. been published in soid Long Islond Trave[er-Wotch- Box 647, Matfituck, NY / :Owner: B. Norris) for a Vari- n once eoch week for ........................................ week~ ance to the Zoning Ordinence, Article VII, Section 100-71 for cessively, commencing on the ............ ..~Z..:.'" .............. permission to construct green- ~ ,4 ~ house eddition with reduced~ of~,..~.~. ....... ~....~.. ............... , 19....~.. si ,ard.. hack at 10s K / .... Lane, Mattituck, NY; County ~.~.. ............................ ~,~Z...~_ Tax Map Parcel ID No. 1000- ~ ~ 141-04-031. 8:20 p.m. Application of JOHN & SAB1NA BASIEL, S10 Custer Avenue, Southold, NY for a Variance to the Zon~mg Ordinance, Article HI, Section 100-31 for permission to construct addition to exist- ing dwelling with reduction in frentyard setback at 510 Cus- ter Avenue, Southold, NY; Falrview Park Subdivision Map 3388, Lot 11; County Tax Map Parcel ID No. 1000-70-08- 033. 8:25 p.m. Application for JOSEPH & MARY GNOZZO, by Gary Flanner Oisen, Esq., Main road, Mattituck, NY for a Variance to the Zoning Ordin- ance, Article VI, Section 100- 60 and Article XI, Section 100-118D for permission to reinstate nonconforming dwelling use for exist'rog build- ing In this B-Zone at 73265 Main Road, Groenpert, NY; County Tax Map Parcel ID No. 1000-45-03-002. 8:30 p.m. Application of IRENE & POPPI PAPADA- lOS, Main KRoad, Box 28, Orient, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-30 for permis- sion to uso part of residence for a skin care clinic at 26165 Main Road, Orient, NY; Coun- ty Map Parcel ID No. 1000-18- 03-023. Dated: January 13, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER* CHAIRMAN GERARD P. GOEHHINGER, CHAIRMAN (By Linde Kowalski) 1T-l/27/83(10) Sworn to before me this ............... ~.?...~.. ....... day of 19...?? JUDITHT. TIRRY To~ ('LURK RIGISFRAROI VIIAI ~1 \]151[('S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 11, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk JTT/bn Enclosures Transmitted herewith is Zoning Appeal No. 3073 application for a variance. Also included is notification to adjacent Short Environmental Assessment Form; Letter relative to N.Y.S. Land-Use; Notice of Disapproval from the Building Department; of Ronald J. Rothman property owners; Tidal Wetlands and survey. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of l~onald J. Rothman to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ai~'g~fi'~L~(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 ~follows: Peconie a~or~s subdivision ~D~p ~ 65~ Lots 52-58 incl. Suf£c!~- Oo-_uty Tax }.E~p ,~ !000-067-005 T_~ ~ 002~ 005~ 00!9~ 0!3 3. That the property which is the sub,ct of such Petition is located in the foJIowine zomng district: 4, That by such Petition, the undersigned will request the following relief: for 15 feet /or construction of a one f~i!y dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article __~L~T~__ Section 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5~6) 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 least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 1-8-83 Ronald J. Rothman Petitioner Post Office Address BOX 875 ~1971 RECEIPT FOF NO INSURANCE NOT FOR INT~ (See PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ....... ADDRESS p o28 RECEIPT FOR CERTIFIED MAIL NOINSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) DAT~ OEtIVEaED SHOW fO WHOM DA~ AND ADDRESS OF ¢ DELIVERY SHOW TO W~OM AN~DAT~ DEUVEREg WITH RESTR~CTEI SHOW TO WHOM: 6~TE ANd CERTIFIED FEE SPECIAL DEl RESTR~CTEE SHOW TO/ OATE DELI' SHOW TO ~ ANO ADDR~ DELIVERY SHOW TO V DEUVERED DELIVERY SHOW TO ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ' ' , being duly sworn, deposes and says that on the /~ ~1: day of ,~J-~r~Vtxd,~_t~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the ~;e- verse Side h~reoti, directed to each of the ~bove-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current_a~essment roil of th.elTown ,of/~out~old; that said Notices were mailed at the United States Post Of- fice at ~. ~'_A ~:)~rt~,~. ~/kJ ~_ u.J k-'l~ t- .~'. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this J j day of x..~ ~ ~.L~-,.,~? ,19 Notary Public ELIZABETH ANN NE'VILLI NOTRRY PUBLIC. Slate o! New No. 52-8125850, SuHolk Term [,xpiE~s March 30, ' ~ Southold. Town BOard Of'Ti::~_EpH~ ~,i~'~B-§.'i;Appeals' ~ . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 17, 1982 MEMORANDUM FOR THE FILE: Re: L'Epplatenier Appeal No. ~2~897~ Request of Ron Rothman 765-3770: 12/15/82 the Chairman reinspected the subject right-of-way, (photos in file), and it is his opinion that the right-of-way has not been suitably improved and that the original condi- tions as adopted 10/15/81 should be complied with. The right-of-way shall be improved to the driveway upon the parcel being built upon, or to the parcel in question in Appeal No. 2897. lk 12/17/82 (confirmed the above with Ron Rothman)  ACTION OF THE zONING BOARD OF APPEALS Appeal by application Dated September 18, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD 1981 To Rudolph H. B. ruer, Esq., attorney for Mr. Victor L'Epplatenier Main Road, Southold, NY 11971 at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ~ Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (XX Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) Appellant 100-31 1. ~IgtiX~'a.x~l~Kgll~X~IHl~Xl~wcXXXil~7~x~XXI~X~.X:lft~'tltllIX~Fi~ion ( ) be ~a~ed ( ) be denied pursuant to Article .................... Sectwn .................... Subsection .................... p~agraph .................... of the Zon~g Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be co~irmed because Public Hearing: 10/15/81: Application of Victor L. L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a, and (2) to the Zoning Ordinance, Article III, Section 100-31 for permission to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded north by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654; County Tax Map Parcel Item No. 1000-67-3-12. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (wOuld not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG.' lk FORM ZB4 ZONING BOARD OF APPEALS ,, i.~%~~ The Board made~e~ following findings and termination: Aupellant has appealed to this Board seeking: (1) approval of access over Lake View Avenue, which Lake View Avenue begins at a point approximately 95 feet easterly from the intersection of Sound View Avenue and Huntington Boulevard, and running generally south and running thence east to the subject premises [more particularly known as Subdivision Lots No. 57 and 58 of Peconic Shores Subdivision], and (2) a variance for permission to construct a new dwelling with an insufficient frontyard setback off Lake View Avenue of approximate- ly 22 feet at its nearest point and an insufficient rearyard setback from the southeasterly property line of approximately 22 feet at its nearest point. The Board finds the access road to be passable but unimproved. The Board also finds that the premises in question is a corner lot with approximately 115 feet road frontage along Lake View Avenue and 95.38 feet along Dickinson Street, both being "paper roads," impassable and unimproved; that the premises contains an area of approximately 11,000 square feet. The topography of the subject parcel lends itself to the granting of this variance and it is the opinion of the Board that the practical difficulties are unique. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested in Appeal No. 2897, appli- cation of Victor L'Eplattenier, be granted, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. That the applicant obtain a legal right to improve the access road (Lake View Avenue adescribed above) in view of the deeded covenants prohibits such road improvements, supra; 2. That such access road (Lake View Avenue described above) shall have a width of not less than 15 feet and shall be cleared of all trees, brush and other obstructions to a width of 15 feet; 3. That such access road shall be improved in EITHER of the following two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b) Shall have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone ~ 'P..ecision Rendered ~ Dber 15, 19~1' Suuthold Town Board of Appeals (Appeal No. ~ Victor L'Eplattenier continued:) blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. 4. No building permit or certificate of occupancy shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the condi- tions set forth herein have been complied with. 5. Where the'terrain of the land over which such access road is traversed is such that drainage problems may occur, the appli- cant shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 6. That the access road be approved by the Board of Appeals, Town Building Inspector, or Town Engineer as to meeting the above requirements. Location of Property: Lake View Avenue and Dickinson Street, Peconic, NY; County Tax Map Parcel Item No. 1000-67-3-12. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. ! RECEIVED AND FILED BY [ TH,v. $OU?;i©LD T©V~'N C ,LERK Town Clerk, Town o~ Southold