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HomeMy WebLinkAbout3146Southold Town oard of' pp MAIN I~rlAD- BTATE RI]AD ~5 SOUTHOLD, L... N.Y. 1 cj '~ TELEPHONE ~516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3146 Application ~ated June 13, 1983 (Public Hearing 7/28/83) TO: Mr. Garrett A. Strang as agent for MR. RICHARD DeMARIA Main Road Southold, NY 11971 [Appellant(§)] At a Meeting of the above appeal on your [ [ ] the Zoning Board of Appeals held on August 11, 1983 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 Request for Variance to the Zoning Ordinance Article III , Section S 100-31 and 100-34 [ ] Request for The public hearing concerning this application was held on July 28, 1983, at which time the hearing was declared closed~ pending deliberations. Upon 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 permission 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. The board made the following findings and determination: By this appeal, appellant seeks to construct a 24' by 16' bedroom- bathroom addition at the rear of the existing one-faumily dwelling, which will leave a setback of 34.1' from the rear (westerly) property line. The premises in question ms improved with an one-family dwelling struc- ture and two accessory buildings. The subject premises contains an area of 12,738 square feet, and site plan dated June 13, 1983 depicts a total area covered by structures at 16.90%, which does not exceed the maximum permitted. It is the opznlon of the board that the location of the new addition zs most feasible and reasonable under the circumssances. The board also determines: (1) that the variance request is not substantial; (2) that no substantial detriment to adjoining properties will be created; (3) that the difficulty cannot be obviated by a method feasible to appellant other than a variance; (4) that no adverse effects will be produced on available govern- mental facilities of any increased population; (5) that the relief requested will be in harmony with and promote the general purposes of zoning; and (6) that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehrlnger, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3146, application for RICHARD DeMARIA for permission to construct 24' by 16' addition with a reduction in the rear yard at 34.1', BE AND HEREBY IS APPROVED SUBJECT TO THE (CONTINUED ON PAGE TWO) DATED: August 25, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3146 Matter for RICF~ARD D~MARIA Decision Rendered August 11, 1983 FOLLOWING CONDITIONS: That the accessory storage/garage use only, be removed. 24' by 26' structure revert back to and that all living (habitable) area Location of Property: 900 Minnehaha Boulevard, Southold, near Laughing Waters, NY; County Tax Map Parcel No. 1000-87-02-006. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Me~aber Doyen of Fishers Island was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOL~E©LD TOWN CLERK ~ ~D P. GOEHRINGER~ CHAIP, I~kN August 25, 1983 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of TELEPHONE (516) 765-1809 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 commencing at 7:30 o'clock p.m. and as follows: located at 33260 S.R. Minor Subdivision Map 097-02-016.5. 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 25 and 225 Eugene's Road, Cutchogue; Filla 72, Lot 1; County Tax Map Parcel No. 1000- 7:40 p.m. Application for ORIENT-EAST MARION PARK DISTRICT, by Garrett A. Strang, 54655 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 R~ad, 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. Pa~ge 2 - Legal Notice of Hearings Regular Meeting of July ~F, 1983 Southold Town Zoning Board of Appeals 8:00 Application for RICHARD DeMARIA, by Garrett A. ) p.m. Strang, Main Roadt 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 p.m. 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 carport 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. Christie, ~nd 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. 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 Haarings Regular Meeting of July ~fw 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, Cutchogua, 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 OP 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 Ablgail 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 Rosa FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ . .~.~... z~/.~ .................. .. ~.~Z~xb., .~,~.. PLEASE TAKE NOTICE that your app~cation dated... ~... for pe~it to construct .~~..~ .~~ ..... : ................. at Location of Property ~... ou~ ~o~ .... ~t~et ...... Hamlet County T~ Map No. 1000 Section .... ~ .... Block .... ~ ..... ~t . ~ ...... is returned herewith and alisa ed on the follow~g ~ounds. ~..~~ .;5..~~T/~..= .... ~~.. ~...~. ~..~/~.. ~~z=...~....~.E. ~q~.*.~¢.. ~/~.. ffT~~ .... B~d~g Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHO LD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ............... ,19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .~g~.~.~.,19... INSTRUCTIONS a. This application must be completely filled in by typewriter 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 to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this 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 to the Building Department for the issuance 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 c~ode, and regulations, and to admit authorized inspectors on premises and in building for necessary inspecJiOns, y~~a~--~ _ .... (Signature of applicant, or name, if a corporation) Garrett A. Strang, Architect (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Architect Name of owner of premises ............. Richar.d. De. Fiat i~a. ......................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No.. Not. Se.lected ......... Plumber's License No..N.q~..S.e.l.e.c..t.e.d. ......... Electrician's License NmNO. t...S.e.l.e..c .t.e.d. ......... Other Trade's License NI~gt...S.e.l.e..c.t.e.d. ......... 1. Location of land on which proposed work will be done .................................................. 900 Minnihaha Boulevard, Southold, New York House Number Street Hamlet County Tax Map No. 1000 Section 8 7 Block 2 Lot 6 Subdivision ....L.a.u.g.h.i.n.g. ¢/~%t.e.r..s ................ Filed Map No ........... ~... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Single Family Residence : b. Intended use and occupancy Same 3. Nature of work (check which app. ble): New Building .......... Addit ......... .x.. Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost ....... ..19.,.qq9 ....................... Fee .... .$. ................................ (to be paid on filing this application) 5. If dwelling, number of dwelling units ....o.n.e. ........ Number of dwelling units on each floor ................ _ If garage, number of cars ........................................................................ 6. If business, commerciai or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front....4.0. ......... Rear .... 3..2 ........ Depth . .3..5 ........... Height ....1.2. ......... Number of Stories ..... 1. .................................................. Dimensions of same structure with alterations or additions: Front ........ ~. 0. ....... Rear ..... 3..2 ........... Depth .... .5.~ ............... Height ........ 1.2. ............ Number of Stories ......... .1 ............ 8. Dimensions of entire new construction: Front ............... Rear ............... Depth. .............. Height ............... Number of Stories ........................................................ Size of lot: Front ...... 1~.5. ............ Rear ...1.1.5 ................. Depth . .1.9.8 ................. Date of Purchase .................... ~ ......... Name of Former Owner ............................. Zone or use district in which premises are situated...~...R.e.s.~ .d.e.n.~. J:..a.1..~.q .r.i.c.u. 3: .'¢.u.r.a. 1. ................... Does proposed construction violate any zoning law, ordinance or regulation: ...Y.e.~.-...R.e.a.r. · .Y.a.r.d. ............. Will lot be regraded ..... N.Q .................... Will exc~ fill b~eur~ove~rom premises: Yes No Name of Owner of premises ~i¢.h.&r. cl D.e.~.a.r..i.a.. Address . .~..~.~..~.~..~ .~9 ..... Phone No. -- Name of Architect .~ar r e.~.~...~,..8.~r.aag ...... Address .B 9.x.. ~.4 .1.2.,...S 9.u.~.h. 9[lI~ne No..7. .6 .5..5.4. .5 .5 ..... Name of Contractor .......................... Address ................... Phone No ................ 10. 11. 12. 13. 14. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, an& indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, S.S COUNTY OF . . . SLI. EFOLK ..... .............. Garr. ett. A.. $ ~2r. ang ............... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ............. ArcAitec.t/.Agant .......................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and Js duly authorized to perform or have performed the said work and to make and file hhis application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work Will be performed in the manner set forth in the application fried therewith. Sworn to before me this June ....... 6..~.h .............. day of ..................... ,19..8.3 Notary Public ...... ;k~;~~ County *r^uy .U L,C. . ·. · - - = .... 5:. - - ! · No. 4730095 C~nm~, ~ Suffolk County ~./ (Signature of applicant) ,,,~n ~im, ~h 30, I~..~' P~CEIVF~ !.JUN 1 3~83 TOWN OF SOUTHOI,D, NEW YORK ~_~!~J _CJ[ff~ ~.~L FROM DECISION OF BUILDING INSPECTOR NO. DATE June 13, 1983 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. 1, (Wilt~ ....... G~r.:l:,~i;:.la..~,.,..$.I;r. an.g .................. of ,,.~aJ.n...Ro. ad,,...S.Qu.t, halfl.,, Name of App~lJont Street and Number Southold ..~.e...~....¥..o.~..~. ...... HEREBY APPEAL TO Municipclity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....~.g..g..e....6_,....~.D...8..3. ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) .... .G...a..r.r,~..t. ~,. ~ ,... ~..t.~.~ D.g ~,. ~ p~... A% i.9~7~ d., D e Maria Name of Applicant for permit of .... ,~ ,a.,~ ,q...~ .o_ .a..c! ................................. .s..q~,~.h., .o, L4. ...... .~.e...w...~.p.r..~ ........................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit To Build 1. LOCATION OF THE PROPERTY ...9D.0...~lin/%/-haha..L~Jae ....... A..l{es. id~en.ti~l/Agr, icultura] Street Use District on Zoning Map Map No. 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 III Section 100-31, Section 100-34 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A vARIANCE due to lack of access (State of New York Tow~ Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (l~(has not) b~n 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 ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Va rionce to the Zoning Ordinance ,s requested for the reason that proposed addition rear yard as established by zoning code, infringes on required (Continue on other side) REASON FOR APPEAL ,,~ Con~:inued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it prohibit construction of proposed addition. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vic,n,ty of this property and in this use district because due to the substandard lot and existing minimum rear yard. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because variance sought is minimal in nature STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss Sworn to this ........... ~-,~.~..b .......................... day of ............. J~n~ .................................. 19 83 OWNER FORMER OWNER STREET S LA qD iMP. TOTAL M COND FARM DATE VILLAGE [ DISTRICT SUB. LOT W : . / ~ ;fY~E OF BUILDING ~ 5I' ~- ~ ' ' / ] COMM. INDj L F CB MISC. REMARKS .... ~" ix DRMAL D EL.OW ' LI~.VE L Form Acre Value Per Acre Value 'Ft.ilbt, te 2 ] iHabfe 3 Wcodlanc Brush[an House Plot Tot:l Fire P~ace ~ t ~-He~t- ~- ~ - >:/'~ ~ J " ' Porch i Attic Porch ~ kooms !st r-kxor Patio ~ ~ Rooms 2nd FJoor NXF WICKHAM N. IS'FY. . S. 80"18 '00 "~ O$$EO AVE. --1 .MAP OF D£ S C i~IBED PH OPEt~ T Y A T LAUGHING WAT£H TOWN OF SOUTHOI_D SUFFOLK CO. 1~. Y. 513 west main street riverhead, new york 11901 (516) $69-1717 (212) 746-302~0 lO00' 087-02-06 $c'3_!e: COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN Town of Southold Board of Appeals August 23, 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 Alfred J. Terp Robert W. Gill±spie 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 Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section I00-3I Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit & I00-34 Appeal No.: 3146 Applicant: RICHARD DeMARIA Location of Affected Land:1000 90§ Minnehaha Blvd., Southold County Tax Map Item No.: - 087-02-006 Within 500 feet of: Town or Village Boundary Line xx 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. was granted COMMENTS: Applicant~b~xx~~ permission to reduction in rearyard setback. construct add. with Copies of Town file and related documents enclosed herewith for your review. Dated: August ~, 1983 ~/F~ ~, ~~{-/ Temp. Secretly, 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 August 25, 1983 Mr. Garrett A. Strang Main Road Southold, NY 11971 Re: Appeal No. 3146 - Richard DeMaria 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. Richard DeMaria GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary 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, Regular 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 commencing at 7:30 o'clock p.m. and as follows: 7:30 P.M. Recessed Hear- ing: Appeal No. 3138- AL- FRED J. TERP. 7:3S P.M. Application of THOMAS KENNEDY, 120 Log Road, Patehogue, N.Y. 11772 for a Variance to the Zoning Ordinance, Article IB, Section 100.30(A) Tot permis- sion to use property for business purposes, to wit: Video Tape Rental and Equip- ment Sales, at premises locat- ed at 33260 S.R. ils and 22`5 Eugene's Road, Cutchogue; Fills Minor Subdivision Mal~/~ 72, Lot 1, County Tax Map l Parcel No. 1000-097-02-016.$. 7:40 P.M. Application for ORIENT - EAST MARION PARK DISTRICT, by Garrett A. Strang, 546.5.5 Main Road, Southold, N.Y. for a Variance to the Floodplain Management Law, Chapter 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, N.Y.; 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. Strung, Main Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-112H for permission to develop and use parking on adjacent (leas- ed) property identified as County Tax Map Parcel No. 1000-12.5-01-19.1; 1000-122-6-/ 36. 7:50 P.M. Application of ROBERT W. GILLISPIE II1, Main Road, East Marion, N.Y. for a Variance to the Zoning Ordinance, Article VlI, Section 100-71, and Bulk Schedule, for approval of insufficient area, width and sideyard sethaeks of building in this proposed two-lot division of property located at the northeast corner of Beekwith Avenue and Main Road, Southold, N.Y.; County Tax Map Parcels No. 1000- 061-02-005, 006, 007. for~ toottB:00 P.M. Applicaton CHARD DeMARIA, by Gar- A. Strung, Main Road, uthold, N,Y. for a Variance the zoning Ordinance, Article ILl, Sections 100:31 and .100-3~. struct addition with t~du~ion in rearyard setback at 900 Minnehaha Boulevard, South- old, near Laughing Waters; County Tax Map Parcel No.~ 10004187-02-006. '; 8:05 P.M. Application ~0 COUNTY OF SUFFOLK 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 ti~at 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,"cornmencing on the ............. ./...~....~,. ............. Sworn to before me this ............... ./...~.....-~.. ...... day of .......... ................... , Notar~ Public ~ CLEMENT j. THOMPsOn,! NOTAry PUBLIC, State ot4Jev~ York R ' ~o. 52'932~125 ' ~mJ~n ~res March 30. ]9~ Southo~l~Y for a Variance t6 the Fltlain Management Low, c]~rptar 46, Sections 46-7 and 40.18B 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 O07; 1000-023-2-part of 001 and 003. 7:45 p~m. Application for RVSS, lac. (Razmataz)~ by Garrett A. Strang, Main Road, Southold, NY for a Variance to County Tax Map P/l~ No. 8:30 p.m. 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/long the south side of the Zoning Ordinance, Article Sound ' Beach Drive, iii, Section 100-112H for . Mattituck, Cpt. Kidd's Estates permission to develop and i!~ Part of Lot 11 County Tax use parking on a.d)aceut ~ ,; Map Parcel No 1000-106-01- (leased) property identified ~s ~ ~ ~ ~ · iC0~:2~.~9.1M:~lp( Parcel No. ~ ~"~'~5 p.m. Application of - . ; 000-122-6-36. ~ JOHN ANTONIOU, 155 East :7:50 p.m. Application of '~', Road, Mattituck, NY for a ROBERT W. GILLISPIE III, ~"! Variance to the Zoning Main Road, East Marion, NY ,. Ordinance, Article III, Section for a Variance to the Zoning 100-34 for permission to Ordinance, Article VII, ~ construct dock addition with Section 100-71, and Bulk an insufficient frontyard Schedule, for approval of insufficient area, width and sideyard setbacks of builc~ing in this proposed two-lot division of property located at the northeast corner of Bockwith Avenue and Main Road~ Soulhold, NY; County setback, at 155 East Road, Mattituck, NY; Cpl. Kidd's Estates Map 1672, Lot 111; County Tax Map Parcel No. 8:45 p.m. Application of HENRY AND VIRGINIA. STEINBRECHER, !525 Hay- Tax Map Parcels No. 1000.061- ~ waters Road, Cutchogue, NY 02-005, 006, 007. ' ~,i~ .iora Variance to the Zoning ~8:00 p.m. Application for'~ ~"Ordinance, Article III, Section ~RICHARD DeMARIA, by 100-31 for permission to GarrettA. Strang, MainRoad, ~'Zconstruct addition with an Southeld, NY for a Variance to Cutchogue; Nassau Point Properties Map 763, Lot 11; .- C~ounty Tax Map Parcel No. 1000-111-03-06. . 8:15 p.m. ApPlication for ROKE'S MARINA, INC., by LEGAL NOTICE NOTICE IS HEREBg GIVEN, pursuant to sectin~ 267 of the Town Law and the Provisions of the Amende~ Code of the Town of Southold, a Regular Meeting and the fellowing Public Hearings will be held by the So~thold Town~ Zoning Board of Appeals a~ the Southeld Town Hail, Mai~ Read, Southold, New York, on:: THURSDAY, JULY 28, 19~3 ~ A A Wickham, Esq., Main commencing at 7:30 o'c!~ . ' Road, Mattituck, NY, p.m. andas fellows: ~:~,~it~ appealing a'decision of the 7:30 p.m. ' RecesSe~ building inspector to vacate Hearing: Appeal No. 3!.~,~.~~ Order to Remedy Violation, ALFREDJ. TERP. 4;~,~ pursuant to Article XII, 7:35 p.m. Application ~g Soclion100-121A. Provisionsuf THOMAS KENNEDY, 120 Lo~ the Zoning Ordinance Road, Patchogue, NY I177~ Appealed: Articles I, 100-13; for a Variance to the Zonin~ II, 100.23A~ VIII, . 100. the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard, Southold, near Laughing Waters; County Tax Map Parcel No. 1000087-02-006. 8:05 p.m. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southeld, 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 BOlqNIE PASCOE, 900 Haywaters Road, Cutchogue, NY for a Variance to the Zoning .Ordinance, Article III, Section 100.119B for permission to erect 8' fence which would exceed the maximum-height requirement along the front yard, at premises known as 900 Haywaters Road, Ordinance, Article III, Soctio~ 100-30(A) for permission use property for business purposes, lo wit: Video Tape Rental and Equipment Salezl at premises located at 332~ S.R. 25 and 225 Eugene s ~Road, Cutchogue; Filla Minor bubdivision Map 72, Lot 1; County Tax Map Parcel No. 1000-097-02-016.5. 7:40 p.m. Application f6r ORIENT-EAST MARION PARK DISTRICT, by Garrett A. Strang. 54655 Main · 80(B)[14] & [15]; XIV, 100. 144(A)[2](B); Xl, 100.118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000-117-5-2~ & 29. 8:25 p.m. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordin-'~ ncc, Article Ill, Section 100-32 ~for permission to construct carport in the frontyard area, at 3~25 Stars .; insufficient frontyard setback, at 1525 Haywaters Road, ~r~ .Cutchogue NY Nassau Point Subdivision, Section D, Map , ,. 806, Lot 333; County Tax Map Parcel No. 10/}0-111-4-12. : DATED: JUNE 30, 1~3. BYOP. OER 0 BOARD OF APPEALS ~ ~ERARD P. GOEHRINGER Fo~' further information, please contact Linde Kowalski at the Southold Town Hall 765- I~09 (0r 1~02). - 1TJy14-4297 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Jot. n W. Gustavzon of Greenport, in said County, being duly sworn, says that I~/she is Principal Clerk of THE SUFFOLK TIMES, n 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 is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the l~t~ day of July 19 83 HELEN g DE :~Y PUBLIC, State o New York - 4107878, SuffOlk ~ £~,res March 30, 1~ incipol Clerk Sworn to before me this 1 4th dayof .T~I ~r 19 83 JUDITIt T. TERRY TOWN CLFRK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 13, 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 Transmitted herewith is Zoning Appeal No. 3146 application of Garrett A. Strang for Richard DeMaria for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. ~~ .~_~ ~~. Terry~ Southold Town Cler~4 · II¢IIvI ,JUN ! 3 1~ TOWN OF $OUTHOLD, NEW YORK ~ ~ ~i~L FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATI= June 13, 1983 1, (~V~ ....... Gar. r.aL.~..~,...$.kr.an.% .................. of ...~ain,.l{oad.,..,S.au.t,hp.l~,...~ew...~.ark.. Nome of Appellant Street and Number Southold New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .. _d~..q.g.?. .. ..6. /.. , ..]:.9. ..8..3. ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) PERMIT FOR OCCUPANCY .... .G...a..r.r.~..t..~...}k,...$..~,AD.~...[p;f...iqicl~.d...De Mar ia Name of Applicant for permit of Main Road ................................ Southo~.d New York Street and Number Municipality State PERMIT TO USE (x) Permit TO Build 1. LOCATION OF THE PROPERTY ..... 9.0.0..,Fli~nJJaaha..La~e ....... A..t~es, i~en.~i~l/Agr, icultural Street Use District on Zoning Mop · .............................. Iv~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.) Article III Section 100-31, Section 100-34 3, TYPE OF APPEAL Appeal is made 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 Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (l~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a 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 is requested for the reason that proposed addition infringes on required rear yard as established by zoning code. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it prohibit construction of proposed addition. 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 due to the substandard Zot and existing minimum rear yard. 3 Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because variance sought is minimal in nature. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss Sworn to this ~..t.b ..... day of .............June .................................. 19 83 Notorv Public BARBARAA. STRANG B^eBARA A. NOTARY PUBLIC, State et New N~, 4730095 ~1~ ~m ~ ~, ~.2. BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of to the Bo~d of Ao~als of The Town of S0uthold TO: ZONING BOARD OF APPEALS SOUTHOLD TOWN 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 (~Sl~Jq:~eA) (Special Exception) (.~erx~t~cP~eAR~;~) (the following relief: ~F~Y i ~nc~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed ~ follows: 900 Minnihaha Lane, Southold ~7-2-6 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: R~=ot~-i~n ~f r~ar yard ~tb~kR ~tablish~d b_v ~oninq. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Secti~ 100-31 Bulk Schedule, 100-34 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) 765-].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 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. Petitioni~r Garrett A. Strang, R.A. for Richard DeMaria Post Office Address Rn~ 1412 $outhold, New York 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Aubrey Mealy, Jr. M. Rios Lillian Krause Southold, New York 11971 11 Country Drive, Farmingdale, NY 11735 Route 1, Box 95, Leesburg, FLA 32748 CERTIFICATE OF MAILING G. Stranq Bo× 1412 Aubrev Mealy. Jr, NED FOR DOM~TIC AND INTERNATIONAL MAIL, ~ NOT PROVIDE U.S. GOVERNHENT PRINTING OFFICE: 1979-752-$2k STATE OF NEW YORK ) COUNTY OF SUFFOLK) . ss.: James Riehte~ , residing at Front Street, Greenport. New York , being duly sworn, deposes and says that on the /:~/-& 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 Southold; that said Notices were mailed at the United States Post Of- rice at Southold. New york (certified) ~ mail. Sworn to before me this /~ day of June ,19 83 Notary Public ; that said Notices were mailed to each of said persons by /~ JAMES 0 03 0 o3 0 0 0 0 0 0 SHORT ENVIRON~4~[IT.~L ASSESSMENT FOP~M INSTRt~T!ONS: (a) In order to answer the questions in this short sar is is assumed that the preparer will use currently available infor~..ation concerning the project and the likely impacts of the action. It is not expected that additional studies, rssaarch or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be si~nificant and a completed Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no._.~'~ significant· (d) Envirormental Assessment 1. Will project result in a large physical change to the oroJect site or physically alter more than lO'acres of land? , · o · · · · · · · Yes X No 2, Will there be a major change to any unique or unusual land form found on the site? · · · . Yes ~ No 3- Will project alter or have a large effect on an existing body of water? . . . . . · · · Yes ~ No &. Will project have a potentially large impac~ on EJ*oundwatsr quality? · ' · · · · · · · · Yes ~ No 5. Will pro,ac: si~nificantly effect draimage flow on adjacent sites? · · , · · · · · · · Yes. X Nc 6. Will project affect any threatened or endangered plant or animal species? . . . , · . · . · Yes ~ No 7. Will project result in a major adverse effect on 8. Will project have a major effect on visual cha~- acter of the community or scenic views or vistas known to be important to the community? · · · Yes . ~ No 9. Will project adversely impact any site or struct. ure of his=oric~ pre-historic, or paleontological importance or any site designated as a critical environmenDal area by a local agency? · * · -- Yes ~ No 10. Will project have a major effect on existing or future recreational opportunitiesT · · . Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause Objectionable odors, noise, ~lare~ vibration~ or electrical disturb- ance as a result of the project's operation? . Yes X No 13. Will project have any impact on public health or l&. Will project ~ffect the existing community by directly causin~ a ~rcwth in oermanent popt~la- tion of more than 5 percent o%er a one-year period o__~ have a major negative effect on the character of the com.~uni%¥ ~r neighborhood?. , Yes X NO 15. Is there publi~/ontrcversy cgncernlng the pro,eot? Yes ~ No PRE?~ER' $ $IGtlAT~E: i TITLE: Architect REPRESE:;TI~G: Richard DeMaria DATE: June 6, 1983 June 6, 1983 (Today's Data) To: Southold Town Board of Appeals " ~ain Road Southold, NY 11971 Re: Appeal Application of Location of Property: Garrett A. Stran9 for R. DeMaria 900 Minnihaha Blvd. Southold~ New York 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; hc~vever, 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; ho%vever, constructed alone the water-lying edge of this property is a bul~head in need of (m_~.o_) (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. -Ix] 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, NOTE: If proposed project falls wi~n D.E.C. jurisdiction, approval must be received an~ submit{~d to our office before your application can be.scheduled for a public hearing. APPLICATION FOR PUBLIC ACCESS TO RECORDS TOWN OF SOUTHOLD SECTION I. TO BE COMPLETED BY APPLICANT INSTRUCTIONS TO APPLICANT: Please complete Section I of this form. Give the form to the Agency Freedom of Information Officer. The Freedom of Information Officer will return one copy to you as a response to your request, or as an interim response. TO: FREEDOM OF INFORMAT~;)N OFFLCER ~ . AGENCY NAME: AGENCY ADDRESS: ~_~~/~ I sought. If possible, supply a date, a file title and number, tion that will help locate the record desired): HEREBY APPLY TO INSPECT THE FOLLOWING RECORD (Please describe the record and any other informa- RECEIVED JUN 23 Sou~kold Signature of Applicant and Printed Name:~~ Applicant Represents: ~j~,.~ ~,~, ~ Applicant's Mailing Address: ~.~ i~ Date of Application: ~?~ ~ ~ ~ SECTION II. FOR USE BY AGENCY FREEDOM OF INFORMATION OFFICER ONLY [ ] Approved [ ] Denied: (for the reason(s) checked below) Confidential Disclosure Part of Investigatory Files Unwarranted Invasion of Privacy Record of Which This Agency is Legal Custodian Cannot be Found Record is Not Maintained by This Agency Exempted by Statute Other Than the Freedom of Information Act Other (specify): [ ~'~eceipt of this request is acknowledged. There will be a delay in supplying the requested record until for the following reason: Title: .--T--ot,~n~._~ ~0~ Date: ~_~/~z.~ /~- ~ Freedom of Information Offi~ ~ '"cer SECTION III. NOTICE TO APPLICANT YOU HAVE A RIGHT TO APPEAL A DENIAL OF THIS APPLICATION IN WRITING WITH- IN 30 DAYS OF THE DENIAL. INFORMATION AS TO THE PERSON TO CONTACT IS SHOWN BELOW. THE CONTACTED PERSON MUST RESPOND TO YOU IN WRITING WITHIN SEVEN BUSINESS DAYS OF RECEIPT OF YOUR APPEAL. Name: Southold Town Board Business Address: 53095 Main Road Telephone: Southold, New York 516 765-1800 Southold Town Board of Appeals -14- July 28, 1983 Regular Meetin~ ' PUBLIC HEARING: Appeal No. 3146. 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 permission to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard, Southold, near Laugh- ing Waters; County Tax Map Parcel No. 1000-087-02-006. The Chairman opened the hearing at 8:10 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey dated June 13, 1983 indicating the new addition approximately 384 feet, reducing the rearyard existing setback from 50' to 34.1', and I have a copy of the Suffolk County Tax Map indicating this property and the surround- ing properties in the area. Mr. Strang, would you again like to be heard, in behalf of this application? GARRETT A. STRANG: Yes. As can be seen from the site plan that has been presented, the existing residence is relatively small in size. It's only 960 square feet. It's a two-bedroom house as it exists. The owner, Mr. DeMaria, is presently going to move into his residence on a fulltime basis. It was a summer home for a while, but he has in fact sold his full-time residence and is moving out here on a permanent basis. Consequently, he has a need for a third bed- room, which will be a master bedroom and bath, actually, which is what constitutes the addition. As also can be seen from the site plan, the lot in a substandard lot and by the zoning code, a sub- standard lot requires a 37½' rearyard. What we propose, the addition encroaches on that somewhat, and that we only have a 34.1' rearyard. The reason we had filed for the variance, if one were to look at the partial floor plan that was developed, the bedroom that is proposed is 13' by 14', which is not all that large, and if we were to have to shave 3½' off that, it would bring it down to less than 10' --one dimension that certainly would not be adequate for a master bedroom. So, consequently, we have filed for the variance with the rearyard being minimal--keeping the addition as small as possible, so that the needed variance would be minimal. MR. CHAIRMAN: Can you tell me, Mr. Strang, the nature of the existing garage which appears to be a cottage at this time? Are there any permits that were granted on that at all? MR. STRANG: The existing garage as I understand it goes back many years, and at one point in time I believe there--I'm not exactly certain on this--but I believe there was a permit issued to construct that. I'm not certain if there's a Certificate of Occupancy that exists on it. As far as the use of it goes, I think for, I believe that the property of the garage and the house has been in existence for 25+ years, or something like that, and I think many years ago the garage had been used as an overflow guest facility at one point. I understand that this is not in fact the case presently, and it will not be the case. Southold Town Board of Appeals -15- July 28, 1983 Regular Meeting (Appeal No. 3146 - RICHARD DeMARIA, continued:) MR. CHAIRMAN: It will not be the case? MR. STRANG: As I have been given to understand, it's not going to be the case, no. MR. CHAIRMAN: Thank you very much. Is there anybody else that would like to speak in favor of this application? Anyone wishing to speak against the application? Questions from board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3146, for RICHARD DeMARIA. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3145. 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. The Chairman opened the hearing at 8:15 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey dated July 18, 1978 (amended August 17, 1978) indicating the placement of this struc- ture on Traveler Street of approximately 41' from Traveler Street and approximately 28' from the easterly property line. And I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Would somebody like to be heard in behalf of this application? LORETTA DeMAGGIO: I'm Loretta DeMaggio, the President of Southold Equities, Inc. And I think it's explanatory, and if you have any questions, please feel free. The gentleman (tenant) could not be present tonight, and we have some square footage you may be interested in. The area to be used as a residence is approximately 1,800 sq. ft. The balance would be used for a studio--the art would be sculpture. And we had some questions which I raised as to whether there would be customers--yes, there will, of course, it is commercial property. That's not the question. It's the residency that we're concerned with. Thank you. MR. CHAIRMAN: Thank you, Mrs. DeMaggio. Is there anybody else 9outh61d Town Board of Appeals -7- August 11, 1983 Special Meeting RESERVED DECISION: Appeal No. 3146. Upon 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 permission 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. The public hearing concerning this application was held on July 28, 1983. The board made the following findings and determination: By this appeal, appellant seeks to construct a 24' by 16' bedroom- bathroom addition at the rear of the existing one-family dwelling, which will leave a setback of 34.1' from the rear (westerly) property line. The premises in question is improved with an one-family dwelling struc- ture and two accessory buildings. The subject premises contains an area of 12,738 square feet, and site plan dated June 13, 1983 depicts a total area covered by structures at 16.90%, which does not exceed the maximum permitted. It is the opinion of the board that the location of the new addition is most feasible and reasonable under the circumstances. The board also determines: (1) that the variance request is not substantial; (2) that no substantial detriment to adjoining properties will be created; (3) that the difficulty cannot be obviated by a method feasible to appellant other than a variance; (4) that no adverse effects will be produced on available govern- mental facilities of any increased population; (5) that the relief requested will be in harmony with and promote the general purposes of zoning; and (6) that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3146, application for RICHARD DeMARIA for permission to construct 24' by 16' addition with a reduction in the rear yard at 34.1', BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: That the accessory storage/garage use only, be removed. 24' by 26' structure revert back to and that all living (habitable) area Location of Property: 900 Minnehaha Boulevard, Southold, near Laughing Waters, NY; County Tax Map Parcel No. 1000-87-02-006. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. Southold Town Board of Appeals -8- August 11, 1983 Special Meeting RESERVED DECISION: Appeal No. 3154. Upon application of HENRY AND VIRGINIA STEINBRECHER, 1525 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordinance, 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. The public hearing concerning this application was held on July 28, 1983. The board made the following findings and determination: By this appeal, applicants seek permission to construct a 21' by 16' bedroom-bath addition at the westerly corner of the existing one- family dwelling structure. The proposed addition would leave a setback from Haywaters Road at approximately 19 feet at from a tie line along Ole Cove Road approximately 66 feet. The present frontyard setback of the existing dwelling is approximately 35' from Haywaters Road. For the record it is noted that the setback of the house from the easterly property line is 44 feet and from the southerly property line approxi- mately 61 feet. The lot in question contains an area of approximately 27,000 square feet and is a corner lot as defined by Article III, Section 100-13 and Article XI, Section 100-119. The board members have visited the site in question and are familiar with the land, improvements and immediate surroundings. In considering this appeal, the board determines: (1) that the variance request is substantial in relation to the requirements of the zoning code (more than 53%); (2) that the circumstances are not unique; (3) that by allowing the variance, as applied, detriment to other properties may be created; (4) that the difficulty can be obviated by a method feasible other than a variance; (5) that the relief requested will not be in harmony with or promote the general purposes of zoning as applied; and (6) that the interests of justice will not be served by allowing the variance, as applied-- (see notation below). On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3154, application for HENRY AND VIR- GINIA STEINBRECHER by Beachwood Contractors, be and HEREBY IS APPROVED, PROVIDED THAT THERE BE A MINIMUM SETBACK OF 30 FEET FROM THE FRONT (WESTERLY) PROPERTY LINE. Location of Property: 1525 Haywaters Road, Cutchogue, NY; Nassau Point Subdivision, Section D, Map 806, Lot 333; County Tax Map Parcel No. 1000-111-4-12. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was unanimously adopted. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEI:' I~. KOPP~'LMAN Town of Southold Board of Appeals August 23, 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 a~ either an approval or a disapproval. Applicant M,3~cipal 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. Keppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals NAIN ROAD- STATE ROAD 2.5 SnUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section I00-3I & I00-34 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3146 Applicant: RICHARD DeMARIA Location of Affected Land:1000908 Minnehaha Blvd., Southold County Tax Map Item No.: - 087-02-006 Within 500 feet of: Town or Village Boundary Line xx 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. was granted COMMENTS: Applicant Z~x~ permission to reduction in rearyard setback. construct add. with Copies of Town file and related documents enclosed herewith for your review. ~~ Dated: August ~, I983 ~-~/~/~ ~/~. ~-~ Temp. Secre~ry, Board of Appeals N~CK N/F WICKHAM S. 80~19 '00 114. 09' BIOS 055E0 AVE. MAP OF DESCRIBED PROPERTY A T LAUGHING WATER TOWN OF SOUTH OL D SUFFOLK CO. N Y. ,12,7'$8 0.292 ACRES :~i$ west main street riverhead, new york 11901 (516) $69-1717 (212) 746-:5020 June 10)1985 dob Ns 8~- 1o00-08'r-02-06 Stole: I" = 20' GARRETT A. STRANG architect Main Road RO. Box 1412 Southotd N.Y. 11971 516- 765 - 5455