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HomeMy WebLinkAbout3150 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 50LJTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3150 Application Dated June 23, 1983 TO: Mr. and Mrs. Jack Lefkowitz 25 Downing Avenue Sea Cliff, NY 11579 (Public Hearing July 28, 1983) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on August 11, 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 100-31 [ ] Request for The public hearing concerning this matter was held on July 28, 1983, at which time the hearing was declared closed pending deliberations. Upon application of JACK AND LEE LEFKOWITZ, (F.J. Christie and wife, owners), 25 Downing Avenue, Sea Cliff, NY 11579, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient frontyard setback, at premises located on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side of Sound Beach Drive, Mattituck, Cpt. Kidd's Estates, Part of Lot 11; County Tax Map Parcel No. 1000-106-01-042.1. The board made the following findings and determination: By this appeal, appellants seek permission to locate a proposed new one-family dwelling structure with an insufficient (frontyard) setback from the westerly property line at 20 feet and 29' setback from the easterly property line. The parcel in question is vacant and contains an area of 25,620 sq. fro with 100' frontage along the south end of the parcel along a private right-of-way, and with 47.43' frontage along the subject right-of-way along the westerly property line. The buildable area of this parcel is approximately 75' by 100', at an elevation of approximately 100' above mean sea level. The board agrees with the reasoning of the applicants due to these unique circumstances. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that the circumstances are unique and that by allowing the variance no substantial detri- ment to adjoining properties will be created; (3) that the diffi- culty cannot be obviated by a method, feasible to appellant other than a variance; (4) that no adverse effects will be pro- duced on available governmental facilities of any increased popu- lation; (5) 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. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3150, application of JACK AND LEE (CONTINUED ON PAGE TWO) DATED: August 25, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3150 Matter of JACK & LEE LEFKOWITZ Decision Rendered August 11, 1983 LEFKOWITZ for permission to locate the proposed one-family dwell- ing with an insufficient (frontyard) setback from the westerly property line at 20 feet and setback from the easterly property line at approximately 29 feet, BE AND HEREBY IS APPROVED AS APPLIED. Location of Property: Cpt. Kidd's Estates Part of Lot 11; S/s Sound Beach Drive, and N/s Summit Drive, Mattituck, NY; County Tax Map Parcel No. 1000-106-01-042.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY - __ DATE ~ ab ~ HOUR ,, G ,RARD P. GOE~INGER, HAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£ Appeals MAIN ROAD- STATE RrlAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 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 Regula~ Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JULY 28, 1983 commenclng at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed Hearing: Appeal No. 3138 - ALFRED J. TERP. 7:35 p.m. Application of THOMAS KENNEDY, 120 Log Road, Pat- chogue, NY 11772 for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to use property for business pur- poses, to wit: Video Tape Rental and Equipment Sales, at premises located at 33260 S.R. 25 and 225 Minor Subdivision Map 72, Lot 1; 097-02-016.5. Eugene's Road, Cutchogue; Filla County Tax Map Parcel No. 1000- 7:40 p.m. Application for ORIENT-EAST MARION PARK DISTRICT, by Garrett A. Strang, 54635 Main Road, Southold, NY for a Variance to the Floodplain Management Law,:Chapter 46, Sections 46-7 ~nd 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of Main ROad, East Marion, NY; County Tax Map Parcels No. 1000-017-05-006 and part of 007; 1000-023-2-part of 001 and 003. 7:45 p.m. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-112H for permission to develop and use parking on adjacent (leased) property identified as County Tax Map Parcel No. 1000-125-01-19.1; 1000-122-6-36. 7:50 p.m. Application of ROBERT W. GILLISPIE III, Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for approval of insufficient area, width and sideyard setbacks of building in this proposed two-lot division of property located at the northeast corner of Beckwith Avenue and Main Road, Southold, NY; County Tax Map Parcels No. 1000-061-02-005, 006, 007. Page 2 - Legal Notice of Hearings Regular Meeting of July ~F~ 1983 Southold Town Zoning Board of Appeals 8:00 p.m. Application for RICHARD DeMARIA, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permis- sion to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard, Southold; near Laughing Waters; County Tax Map Parcel No. 1000-087-02-006. 8:05 pom. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to establish residential and studio use of an existing building in this "B-1 General Business" District, located along the south side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-01-015. 8:10 p.m. Application of DAVID AND BONNIE PASCOE, 900 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119B for permission to erect 6' fence which would exceed the maximum-height requirement along the front yard, at premises known as 900 Haywaters Road, Cutchogue; Nassau Point Properties Map 763, Lot 11; County Tax Map Parcel No. 1000-111-03-06. 8:15 p.m. Application for ROKE'S MARINA, INC., by A.A. Wickham, Esq., Main Road, Mattituck, NY, appealing a decision of the building inspector to vacate Order to Remedy Violation, pursuant to Article XII, Section 100-121A. Provisions of the Zoning Ordinance Appealed: Articles I, 100-13; II, 100-23A; VIII, 100-80(B) [14] & [15]; XIV, 100-144~A) I2] (B); XI, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000- 117-5-28 & 29. 8:25 p.m. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct ca~port in the frontyard area, at 3825 Stars Road, East Marion, NY; County Tax Map Parcel No. 1000-022-06-026. 8:30 p.m. Application of JACK AND LEE LEFKOWITZ, (F.J. ~nd wife, owners), 25 Downing Avenue, Sea Cliff, NY 11579 for a Tariance to the Zoning Ordinance, Article III, Section 100-31 for to construct one-family dwelling with an insufficient frontyard setback, at premises located on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side, of Sound Beach Drive, Mattituck, Cpt. Kidd's Estates Part of Lot 11; County Tax Map Parcel No. 1000-106-01-042.1. 8:35 p.m. Application of JOHN ANTONIOU, 155 East Road, Matti- tuck, NY for a Variance the Zoning Ordinance, Article III, Section Pa. ge 3 - Legal Notice of Hearings Regular Meeting of July ~f, 1983 Southold Town Zoning Board of Appeals 100-34 for permission to construct deck addition with ~n insufficient frontyard setback, at 155 East Road, MattituCk, NY; Cpt. Kidd's Estates Map 1672, Lot 111; County Tax Map Parcel No. 1000-106-03-009. 8:45 p.m. Application of HENRY AND VIRGINIA STEINBRECHER, 1525 Haywaters Road, Cutchogue, NY fo~ a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct addition with an insufficient frontyard setback, at 1525 Haywaters Road, Cutchogue, NY; Nassau Point Subdivision, Section D, Map 806, Lot 333; County Tax Map Parcel No. 1000-111-4-12. DATED: JUNE 30, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information, please contact Linda Kowalski at the Sou~hold Town Hall 765-1809 (or 1802). Copies to the following on or about July 11; 1983: Mr. Alfred J. Terp Mr. Thomas Kennedy Mr. Garrett A. Strang Mr. Robert W. Gillispie, III Southold Equities, Inc. - Loretta DiMaggio, President, Street, Massapequa Park, NY 11762 Mr. and Mrs. David Pascoe Abigail A. Wickham, Esq. for Rok~'s Marina Mr. Philip Frumenti Mr. and Mrs. Jack Lefkowitz Mr. John Antoniou Mr. and Mrs. Henry Steinbrecher Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Supervisor Town Board Members Z.B.A. Members Building Department Planning Board Town Clerk Bulletin Board 390 Rose FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Building Inspector File No ................................ ...~...z-)..a..~.z~..9 W.,~ ........ · .~. C~.~.. ~ ~...z/~.. for pemit to construct.. ~..~r(~.. ~Z/r~ .....................at Lo~fion of ~ope~y ~0- ~ ~ ~ ~.~ (~. ~.. ...... Hou~ No, St~t Ham/et Co.~t~ T~ ~ ~o. ~000 S~tio... ZQ ~ ...... moc~ .. ~.~ ........ ~t . .Q ~/.... s.~.~io~Z~. ~%- ~ ~a. ~o ................. ~ot.o.~ZQ..~Z. ~ ~ / is returned herewith and disapproved on t~e fo~w~g ~o~ds .~..~~ .~z~ ~ ~z~ .?. ~. ~.. ~..~,~.. ~z./~..~. ~i~~% ..... RECEIVED ~JUN 3 3 TOWN OF SOUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR APPEAL NO. x~ DATE ....... .J...u~..e ;~f' 1983 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,,contract vendees (We)~..~..e.~..~.e.~.o.~..~..~.e..e...~.e.~.o.~.~., of .?~...~...~..~.*.?.: .............................................. Name o{ Appellan} Street and Number Sea Cliff .....~..e..~....~..o.~.k.: ....... 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 of 2~..~.~..~z.~..~. .................. ..s..e..~....q .z..t.~ ................................ ~.e.~..~.o..r.~......j j.~?~ Street and N umber Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Per~it to loca~e house on property as indicated on p~t plan 1. LOCATION OF THE PROPERTY ,S~tmct,B.e,~ch.,Dr,,.....~s.~.~.~C~ .............................................. ,Street Use District on Zoning Mop ...... ........ .......... Mop 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.) Article # 3 Section # 100-31 3 TYPE OF APPEAL Appeal's made herewith for (x) 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. ~REV[OUS APPEAL A previous appeal (~_~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special oermit ( ) request for c variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that I believe that the strict adherence to the Zoning requirement would not, in this ease, serve the intent of the ordinance. I have listed under parts 1,2 and 3 my reasons. ~onn z~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the:HealthDept, approval to install the sanitary system and water to the dwelling is based on the proposed location. Moving She structure to the East would mean that the sanitary would have to be located on the West and would then be to close to the water supply for the house to theSouth. A copy of the Nalth Dept. approval is attached. In addition to the above, because of the topography of the property, the land slopes sharply West to East, moving the house to th East would reqaire a larger (deeper) excavation on the West and pro~ably retaining walls. ?his would not be needed if the house is built in its present locat&on. 2. The hardship created is UNIQUE and is not shared by oil prope~ies alike in the immediate vicinity of this prope~y and in this use district because the right of way as layed out creates an interior lot ~rIth three (3) front yards ie: Sound Beach Dr., the South lot line on the right of way and the West lo~ line on the right of way. As far as-~ can tell only lot # 10 wilt. have the same problem. It should be noted that because of the shape of the structure the setback infraction on the West occurs at a very small point. If it were not for the unusual condition created by the right of way all set back requirements are met with the structure in its propsed location. 3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because if the house is erected in its proposed location there would be the max~ space between the adjacent houses and therefore not infringe on any ones privacy and in no way detract from the character of the area. STATE OF NEW YORK ) ) ss COUNTY OF /~r£J~gd ) Sworn to this ........... .~....~.. ......................... day TITLE NO. T 1285- 148 SOUND B£A CH Dt?I VE ..~-- A/ 57°$0'6. I00.46'---~. ~ ~ LOT II NOW O~ ~O~ME~LY ' ~= ~5,6~0 ~' ~ NIC~ cHARLES NOW OR FORMERLY LOT 10 / - LOT i~ LOT , Il SU~/T DRIVE SUFFOLK COUNTY DEPARTMENT OF H~LTH SERVICES HAR~AVES C~STRUCTION, JACKLEFKOWITZ~ LEE LEFKOWITZ ~RT ~ LOT I I, "CAPTAIN KIDD ESTATES" FO~ APPgOV.~.L 'OF .'"'%T~UCT~ON ONLY ~T ~TTITUCK DATE: APR. 6, ~N ~ SOUTHOLD SC~[: I'% 40' ~V~ ................. ff ~UTH~tZED ALTE~TI~ OR ADDITION m ~lJ ~ARANTEED HEW ~ ETATE E~CATt~ LAW T~ TITLE G~R~TEE C~NY HE~ ~RTMENT-DATA F~ ~R~ ~ C~STRUC T aao ~ ms ~F ~ Tat ~TLE C~Y. aOV~N- ~ ~/~ ' 'O.%'. ~ ~ t~ ~ ~ ~o~o s~ct~ ¢o~ ~ oI Lot ~-~ ,mt~, *.o TO mE ~ss,eN~s o~ ~,~ LE,m~ ~ ~/~ ~ '~5~ o~ N~E~ ~ ~ ~ELL~S WITHIN I00 FE~ OF T~S ~O~ffTY mSTITUTI~, GUARANTE~ ARE ~T T~ERABLE ~ = / ~ ~ ~ ~. NTHE~TER~U~Y~S~ ~AL SYST~I~R~IOE~ flDI~ANCES S~N HEREON FROM P~ERTY ONES ~ ~ R~.~"'~ ~'~' J ~LTH iiCI. PURPLE AND ARE NOT TO BE ~ED TO ESTABLISH ~ ~ ~ ~,~'- ~'-~) '2' ~1~, 'J ~ J IUUI~ ~ /gUI~ mVER~,~W~RK ~lVll~ ~ FILED tN TW ~ OF THE CLERK OF 8UF~LK COU~Y ~DEN W. YOUNG, PROFE~IONAL ENGINE ER ~ le, t~ ~ ~E ~.mT~. ~ J nNO ~NO S~VEYOR N.Y.S. UC/NSE NO. IZ845 ~ ~ ~ ~wAeo w. YOUNS, ~ND S~VEYOR ~L~L(WI,~ICTA~I~aCE~S(~)~N~E~ ~ ~) N.Y.S. LICENSE NO. 45893 TITLE NO. T 1285- SOUND BEACH DRIVE LOT ~ ' t ~ ~LOT I,,, LOT ' ~ , ~- ~- ~ - ~'~ r~' / , ~ ~-- ~ -~.oo , ~l. '.~L~ ~P - / ~~~ i~'l°z~ I ' i ~c,~~ t ' ~. ~.<~ /oo. oo' / ~ w~ ~ 3~ { ' ,101' ' ,,... . ,..~,, ~, ..,;. '?~" '" I HA~RAVES C~STRUCTION, JACK LEF~ITZI LEE LEFKOWITZ ~ ~T ~ LOT II, "CAPT&~ KIDD ESTATES' ~,, ',~ ~, '.~ co~s~uO~o~ oN[~ ~ AT MATTITUCK D&TE: APR, 6, 1~ ~ ~ ~ s~[ ~c~ L~ TNE TITLE 6~E~TEE CO~NY ] N~A~II ~l~l[O HI~ON ~k RUN ~Y ~ ~RTMENT'~A~C~STRUCT I ANDre mS K~LF ~ ~TLE C~Y, GO~N- J H~, ~O TO ~[ AIIIIN~S OF THE LENDIN ; ' ] YOUNG · YOUNG BRANDIS & SONS, INC. 1618 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 1197] TELEPHONE (516) 765-1809 August 25, 1983 Mr. and Mrs. Jack Lefkowitz 25 Downing Avenue Sea Cliff, NY 11579 Re: Appeal No. 3150 · --D~ar Sir 6r Madam: .... ~tached herewith is a copy of th~ formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE £. KOPPELMAN Town of Southold Board of Appeals August 23, 1983 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter3 the following applications which have been referred to the Suffolk County Planning. Comm~sslon 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 Alfred J. Terp Robert W. Gillispie III Southold Equities, Inc. Richard DeMaria Jack & Lee Lefkowitz Razmataz 3138 3139 3145 3146 3150 3151 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. llg?l TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section I00-3I Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section -- Special Permit Appeal No.: 3150 Applicant: JACK AND LEE LEFKOWITZ Location of Affected Land: Sound Beach Dr., Mattituck County Tax Map Item No.: 1000-I06-01-042.I Within 500 feet of: __ Town or Village Boundary Line ~y Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant ~x~x~-~ permission to dwelling with an insuff, frontyard setback. construct one-family Copies of Town file and related documents enclosed herewith for your review. I~ , 1983 Temp. rd of Appeals Dated: August I..e,v ° ot' ~o ~o o o o o NOTICE NOTICE IS HEREBY GIV- EN pursuant to Section 267 of. the Town Law and the Provi- sions of the Amended Code of the Town of Southold, PHILIP FRUMENT1, 3825 Stars Road, East Marion, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct carport in the frontyard area, at 3825 Stars Road, East Marion, N.Y.; County Tax Map Parcel No. 1000.022-06- 026. .. 8:30 P.M. Application JACK AND LEE LEFKO- W1TZ, (F.J. Christie, and wife, owners), 2~ Downing Avenue, Sea Cliff, N.Y. 11579 for a Variance to the Zoning Ordinance, Article ~I~ Section fo; pZ%sion strUct one-family dwelling f with an insufficient frontyard setback, at premises located '* on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side of Sound Beach Drive, Cpt. Kidd's Estates Part of Lot 11; County Tax Map Parcel No. 1000-106-01-042.1. 8:35 P.M. Application of JOHN ANTONIOU, 155 East Road, Mattituck, N.Y. for a Variance to the Zoning'Ordin- ance, Article lli, Section 100- 34 for permission to construct deck addition with an insuf- ficient frontyard setback, at 155 East Road, N.Y.; Cpt. Kidd's Estates Map 1672, Lot 111, County Tax Map Parcel No. 1000-106-03- 009. 8:45 P.M. Applicatibn HENRY AND VIRGINIA~ STEINBRECHER, 1525 Hay- waters Road, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article 111, Section 100-31 for permission to con- struct addition with an in- sufficient frontyard setback, at 1525 Haywaters Road, Cut- chogue, N.Y.; Nassau Point Subdivision. Section D, Map 806, Lot 333; County Tax Map Parcel No. 1000-111-4-12. DATED: JUNE 30, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN' IT-7/14/83(30) COUNTY OF SUFFOLK ss: STATE OF NEW 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 /'ff ~ Sworn to before me this /~ -q~ day of .......... ................... , Notar~ Public ~ CLEMENT j. THO~jtp,C, ON NOTARy PUBLIC, State ot flew York t~/o. 52-g321725 R~di~g in Suffolk ~niy ~m~n ~res March 30, 19~ : LEG LNO CE G~OTICE IS HERE~B,,~ VEN, pursuant to Section~ 267 of the Town Law and the~ Provisions of the Amended Code of the Town of Sonthold, a Regular Meeting and th..~ following Public Hearings will~ be held by the Southold Tow~. Zoning Board of Appeals a the Southold Town Hall, M~ Road, Soathold, New York, off' THURSDAY, JULY 28, commencing at 7:30 o'clocl p.m. and as follows: 7:30 p.m. Recesse~ Hearing: Appeal No. 313~,~ ALFRED J. TERP. 7:35 .p.m. Application o. THOMAS KENNEDY, 120 Lo Road, Patchogue, NY 1177J for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to use property for business purposes, to wit: Video Tape Rental and Equipment SaleS~ at premises lOCated at 33260 S.R. 25 and 225 Eugene's Road, Cutchogue; Filla Minor Subdivision Map 72, Lot 1; County Tax Map Parcel No. 1000-09/-02-016.5. 7:40 p.m. Application for ORIENT-EAST MARION PARK DISTRICT, by Garrett Sontho, lg~ for a Variance t~ the Fl~lain Management Law, Cl~rpter 46, Sections 46-7 and 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of Main Road, East Marion, NY; County Tax Map Parcels No. 1000-017-fl6.006 and part of 007; 1000-023-2-part of 001 and 003. 7:45 p.m. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Read, Sonthold, NY for a Variance in the Zoning Ordinance, Article III, Section 100-112H for County Tax Map P/~il No. 8:30 p.m. Applica~fion of JACK AND LEE LEFKOWITZ, (F. J. Christie and wife, owners), Avenue, Sea Cliff, NY 11579 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family setback, at premises on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side of Sound Beach Drive, Mattitock, Cpt. Kidd's Estates Part of Lot 11; County Tax permission to develop and use parking on adjacent. Map Parcel No. 1000-106-01- (leasod) proper ty idontified es s 042.1. County Tax Map Parcel No. i~i~ ~ 8:35 p.m. Application of 1000-125-01-19.1; 1000-122-6-36. ?~ JOHN ANTONIOU, 155 East 7:50 p.m. Application of "! Road, Mattituck NY for a ROBERT W. GILLISPIE III, i:, Variance to the Zoning Main Road, East Marion, NY ~ Ordinance, Article III, Section for a Variance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for approval of insufficient area, width and sideyard setbacks of building in this proposed two-lot division of property located at the northeast corner of Beckwith Avenue and Main Road, Southold, NY; County 100-34 for permission to construct deck addition with an insufficient frontyard setback, at 155 East Road, Mattituck, NY; Cpt. Kidd's Estates Map 1672, Lot 111; County Tax Map Parcel No. 1000-106-03-009. : 8:45 p.m. Application of HENRY AND VIRGINIA STEINBRECHER, !525 Hay- Tax Map Parcels No. 1000.061- Waters Road, Cutchngue, NY 024106, 006, 007. for a Variance to the Zoning 0: 00 p.m. Application fo~ . Ordinance, Article III, Section RICHARD DeMARIA, by 100.31 for permission to GarrettA. Strang, Main Road, ~-'i Construct addition with an Southold, NY for a Variance to .: insufficientfrontyardsetback, the Zoning Ordinance, Article :at 1525 Haywaters Road, III, Sections 100-31 and 100-34 : .Cutchngue, NY; Nassau Point for permission to construct . Subdivision, Section D, Map addition with reduction in .806, Lot 333; County Tax Map rearyard setback at 900 Parcel No. 1000-111-4-12. Minnehaha Boulevard, Southold, near Laughi~lg Waters; County Tax Map Parcel No. 1000-087-024X16. 8:05 p.m. Application of SOUTHOLD EQUITIES, INC., DATED: JUNE 30, 19~3. ; BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER 195 Youngs Avenue, Southold, Fo~' further information, NY for a Variance to the pleasecontactLindaKowalski Zoning Ordinance, Article VII, at the Southold Town Hall 765- Section 100-70 for permission I~09 (or 1~02). to establish residential and 1TJy14-4297 - . studio use of an existing building in this "B-I General Business" District, located along the south side of. Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-01.015. 8:10 p.m. Application of DAVID AND BONNIE PASCOE, 900 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119B for permission to erect 6' fence which would exceed the maximum-height requirement along the front yard, at premises known as 900 Haywaters Road, Cutchogue; Nassau Point Properties Map 763, Lot 11; County Tax Map Parcel No. 1000-1114)3-06. 8:15 p.m. ApPlication for ROKE'S MARINA, INC., by A. Wickham, Esq., Main , Road, Mattituck, NY, appealing a'decision of the building inspector to vacate Order to Remedy Violation, pursuant to Article XII, Section 100-121A. Provisions of the Zoning Ordinance Appealed: ArticleS I, 100-13; II, 100-23A~, VIII, 100- · 80(B)[14] & [15]; XIV, 100- 144(A)[2](B); XI, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000-117-5-28 & 29. 0:25 p.m. Application of PHILIP FRUMENTI, 2825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 (or permission to construct carport in the frontyard area, at 3825 Stars STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Jo~ ~. Gustavson of Greenport, in said County, being duly sworn, says that I~/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed in a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 1 4~cb. day of ~Tv'I ~ 19 ® HELEN g. DE VOE '. 4707878, $~ifolk rn Expires M,~rch 30, 19~ Principal Clerk Sworn to before methis ~ 4~h dayof .T~=~ ~ 19 ~ JUDITIt T. TERRY TOWN CLERK REGISTRAR OI. VII'Al SI 5l ISIICS To: Southold From: Judith T. OFFICE OFTHETOWN CLERK TOWN OF SOUTHOLD June 23, t983 Town Zoning Board o£ Appeals Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. 3150 application of Jack & Lee Lefkowitz for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and · Terry Southold Town Cler~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Jack & Lee Lefkowitz to the Board of Appeals of the Town of Southoid 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 a ~(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: 3uff. Co. tax mad dist. # 1OOO R.,._ ,,~ ~r'~ u~w. ?, O~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Change West side yard ( technicaly a front yard ~ set back f~om 3_%f~. to ?oft $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~ticle 3 Sectic~ 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 She Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notice'~4-~l~t you or your representative have the ~ishttoappearan~dbeheardatsuchhearing.Oated: Jtm. ~'~_ t(~R3 · ~/ ~~~ ~a Cliff, N.Y. 115~ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr, N. Charles 11 Edith St. Old Tappan, N.J. 07675 PS Form ~J800, Feb. 1982 Jack Lefkowit z N.Y. 11103 z r, e, N.Y. 11~61 ~O , N.Y. 11952 sland, N.Y. 101D1 ~-~CD Trq 0 o~ .r, O0 ~:<o nl 1:3 r- Downing Ave. Sea Cliff, N.Y. 11579 , being duly sworn, deposes and says that on the 22 day of June ,19 83 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-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 assessment roll of the Town of Soulhold; that said Notices wer~n~iled at the United States Post Of- fice at Sea Cliff( Olen Head ) N.Y. that said Not ces ~re r~ajled 1o e.a~h o.f said persons by (certified) (registered)mail. ///~;~ ///~/~/ / Sworn to before me this r"~--~'~'~'~-~ / ~ dayof ,~, ~ '~ ~JP_ ,19 ~ Notary Public NOTARy :~ :.l , $ ~-, ,f ~,'e'~ York ,ado"7'- ]'IISTRUCTIO:IS ---- (a) that the preparer ¥~itl usa. currently available information concerning the project and the likely impacts of the actio'n. It is not expected that additional studies, research or other iaves{igations ¥;ill be undertaken. (b} IF any question has been ans;~ered Yes {he projec{ may be significant and a complaied Environmen~ol Assessment Form is necessary. (c) If all questions have been answered No i~ is lil<ely'¢ha¢ this project is no~ signiFican~. (d) Environmental Assassmen~ .. l. Will projec~ resul~ in a large physical change ~o the projec~ site or physically alter more Yes, -unusua~ ~and Fo~m ~ound on ~he s~e2 .......... xi %i g b dy o~ ~e ? Ye~ 4. %'Jill projec~ have a potentially large impoc~ on ground%,iater quell%y? ...................... , 5. %'Jill projec~ significantly effect drainage flo%'~ on adjacen~ sties? ....................... Yes o 6. %'1ill projeci affect any ~hrea~ened or endangered plon~ or animal species? ..... Yes'No 7. YJill project result in o major adverse e es~N~ on air quality? .............. ................. , Y o 8. %'1ill project have o major elf ecl on visual character of ~he community or scenic views or vistas known ~o:be important ¢o¢he communi¢y? 'yes~'.No ~. %';ill project adversely ~mpac¢ a~y site or .- 5~ructure of historic, prehistoric or paleontological imporionce or any si~e designated as a critical environmental area by a local agency? .~- .....-- ~ .......... 10. %'Jill projec~ have a major effect on existing or fulure recrcafional opportunities? ......... Yes. No. 11. %';ill projec~ result in .major ~ra~fic problems or. cause a major elf ecl %o existing ~rol~sporta~ion systems? ....................... YeS. No'~ 12. Will project .regularly cause objectionable odors, noise,' glare, vibration, or elec{rical disturbance as o result of %he projec%'s or .safety? .................................... ye s~ No 14. %'/ill p~ojec~ affec~ ~he existing community by direc[ly causing o groYrth in permanen¢ population of marc than 5 percc9% over o one year period pr hove o mo~or negative on the character of ~he community or neighborhood? .................................. , 15. Is there public contrcvers7 concernin9 the · ~ order to answer {he questions in ~his shor~ EAF it is assumed (Today's Date~ - To: Scutho!d Town Board of Appeals '. ~ain Road Southold, NY 11971 Re: Appeal Application of _ J~K ~l~O~,,/;-~ Location of Property: ~O ~/~--/-~6// -- ~,/,~d /~ D~'~ 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 i0 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 conditio~ 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. [ ] [ ] ~iay 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.] Sincg~ly yours, ,./ TITLE HO. T R85-148 SOUND DR/VE .-- N. 5P30'£ NOV/ OR FORMERLY NICK CMJRLES 100.46 ' --.% LOT II AREA=25,6$O S.F.. NOW OR FORMERLY LOT i0 A~ $~eO LOT 12 ~ w oR OR RLY ~ LOY ~ NO ~ LO~ ~0 ~W OR F~MERLY NICK CYPRESS ~.~ NIC~ CYPRESS LO 7' I$ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICE5 FGI~ A?IROV~L '5 ~ -"~TRt. ICTION ONLY I~,ATE ...... ,? :: , HEALTH DEPARTME#T-DATA F(~ APPROM~. TO CONSTRUCT i # ~ L~CATIm QI' V~.L(W)tlEPTIC MNK(ST~I CE.I'OOLS(~) IHQW# H~E~ Mr/ L SUMIIIT DRIVE HARGRAVES CONSTRUCTION, dACK LEFKOWITZ & LEE LEFKOWITZ PART OF LOT II, "CAPTAIN KIDD ESTATES" AT M&TTITUCK TOWN OF SOUTHOLD suIrIro4.K COUNTY, MEW #ERJQH, AND TO THE AISII#~ES OF THE LENDIN~ DATE: APR. 6, IS83 SCALE: I"t40° IIO. 83- 20J GUARANTEED TO: TM TITLE GUARANTEE COilli#Y YOUNG & YOUNG ALDEN W. YOUNG, PROFESSIONAL ENGII4E ER AND LAND SU~VEYOIII N.Y.S. UCE#SE MO. 11~45 HOWARO W. YOUNG~ LAND SU~VEYOJ~ NXS. LICENSE N0.458S3 NEW YORK EIRANDIS & SONS, INC. ARCHITECT ~? /2',, -f '! P .!