HomeMy WebLinkAbout3128~ CA-eonst~ct garage in the frontyard area~
Southold Town Board of Appeals
MAIN ROAD- STATE: RI'lAD 25 5r3UTHt=ILD, L.I., N.Y. 11~'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3128
Application Dated April 26, 1983
TO: Mr. and Mrs. John Flowers
400 Conklin Road
Mattituck, NY 11952
(Public Hearing 5/27/83)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on May 27, 1983
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
~ ] Request for Variance to the Zoning Ordinance
Article III , Section 100-32
[ ] Request for
The public hearing on this application was also held on May 27, 1983.
Upon application of JOHN AND JANET FLOWERS, 400 Conklin Road, Matti-
tuck, NY for a Variance to the Zoning Ordinance, Article III, Section
100-32 for permission to construct garage in the frontyard area, at 400
Conklin Road, Mattituck, NY; Garden Heights Subdivision Map 577, Lots
24 and 25; County Tax Map Parcel No. 1000-139-04-006.
The board made the following findings and determination:
By this appeal, appellants seek permission to construct an 18' by
24' accessory garage structure at the northeasterly portion of the
premises. The premises in question is a corner lot as defined by
Section 100-119A (renumbered from 100-34), fronting along Conklin Road
100' and along Oak Place (a paper street) 125' The total lot area
is 12,500 square feet. Existing on the premises is a one-family
dwelling set back 50' from Conklin Road, 37' from Oak Place, and
49' from the easterly rear property line. The accessory garage
building is proposed to be set back 10' from the northerly property
line (Oak Place) and 10' from the easterly rear property line.
In considering this appeal, the board determines that the
variance request is not substantial under the circumstances; that
the circumstances herein are unique; that by allowing the variance
no substantial detriment to adjoining properties will be created;
that the difficulty cannot be obviated by a method feasible to appel-
lant other than a variance; that no adverse effects will be produced
on available governmental facilities of any increased population;
that the relief requested will be in harmony with and promote the
general purposes of zoning; and that the interests of justice will
be served by allowing the variance as indicated below.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that Appeal No. 3128, application of JOHN AND JANET
FLOWERS, for permission to construct an 18' by 24' accessory garage
10' from Oak Place and 10' from the easterly (rear) property line,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION:
That this accessory garage shall always remain accessory to
the main building, for storage/garage purposes.
(CONTINUED ON PAGE TWO)
DATED: June 15, 1983.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 -Appeal No. 3128
Matter of JOHN AND JANET FLOWERS
Decision Rendered May 27, 1983
Location of Property: 400 Conklin Road, Mattituck, NY; County
Tax Map Parcel No. 1000-139-04-006.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis was absent.) This resolution was
unanimously adopted.
RECE,[VED AND FILED BY
TI-~ S;OUTHOLD TOWN CLERK
Cleric, ~SF ~old
Southold Town Board of Appeals
MAIN ROAD- STATE RI'lAD 2S SE]UTHCiLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Provisions of the Amended Code of the Town of Southold,
a Regular Meeting and the following Public Hearings will be held
by the Southold Town Board of Appeals at the Southold Town Hall,
Main Road, Southold, New York, on FRIDAY, MAY 27, 1983 commencing
at 7:30 p.m. and as follows:
7:30 p.m. Application for REV. WILLIAM J. HILLIARD, by
Irving L. Price, Esq., 828 Front Street, Greenport, NY, for a
Variance to the Zoning Ordinance, Article III, Sections 100-23 and
100-32 for permission to re-locate accessory structure in the
front/side yard areas at Heathulie Avenue, Fishers Island, NY;
Minor Subdivision Map of Smith-Billiard #155, Lot 3; more parti-
cularly known as County Tax Map No. 1000-9-6-5.2.
7Y35 p.m. Application for HILDEGARD MORAND, Dy Irving L.
Price, Esq., 828 Front Street, Greenport, NY for a Variance to
the Zoning Ordinance, Article III, Section 100-34 for permission
to construct addition, attaching nonconforming accessory structure,
leaving an insufficient sideyard setback (as a principal structure),
at 935 Old Shipyard Lane, Southold, NY; Founders Estates Map 834,
Lot 107; County Tax ~dp Parcel No. 1000-~-05-~1.
7:40 p.m. Application of WILHELM & SILKE FRANKEN, 75 Carroll
Street, Brooklyn, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule, for permission to
construct new dwelling with an insufficient frontyard setback,
at Osprey Nest Road, Cleaves Point Section I, Map 2752, Subdivi-
sion Lots 14 and 15, at Greenport; County Tax Map Parcel
No. 1000-35-6-22, 23, 24.
7:45 p.m. Application of BURKE E. LIBURT, 1420 King Street,
Orient, NY, for a Variance to the Zoning Ordinance, Article III,
Section 100-32 for permission to construct accessory horse barn
in the sideyard area, at 1420 King Street, Orient, NY; County
Tax Map Parcel No. 1000-026-02-040.
7:50 p.m. Application of JOHN GRIGONIS, Main Bayview Road,
Southold, NY, for a Variance to the Zoning Ordinance, Article VI,'
Section 100-60 (A) & (B) for permission to construct a~new dwell-
ing in this H-Light Business District at 860 Main Bayview Road,
Southold, NY; County Tax Map Parcel No. 1000-70-7-16.2.
Page 2 - Legal Notice of Regular Meeting and Public Hearings
Southold Town Board of Appeals
May 27, 1983 Regular Meeting
7:55 p.m. Application of ALFRED AND ZINA HULL, 333 Pearl Street,
New York, NY 10038, for a Variance to the Zoning Ordinance, Article
XI, Section 100-118E for permission to reconstruct and alter existing
building which would exceed 50% of the fair market value of this
structure, requiring a variance to continue or reinstate a second-
dwelling unit in this "A-Residential" District, at 3630 Soundview
Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-04-004.
8:05 p.m. Application of SOUTHOLD LUMBER CO-;, INC., Youngs
Avenue, Southold, NY, for a Variance to the Zoning Ordinance,
Article XI~ Section 100-119B for permission to erect fence exceed-
ing 4' in height along the frontyard area of these premises more
particularly known as 675 Boisseau Avenue, Southold, NY; County
Tax Map No. 1000-63-02-030.1.
8:10 p.m. Application of HENRY PIERCE, 2615 Wells Road,
Peconic, NY for a Variance to the Zoning Ordinance, Article 100-32
for permission to construct accessory storage building in the
front and side yard area at 2615 Wells Road, Peconic, NY; County
Tax Map Parcel No. 1000-086-02-1.2
8:15 p.m. Application for ROBERT T. KROEPEL, D.D.S. by
Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-31 for
approval of two proposed parcels having approximately 37,069
square feet in area and 120.85 feet of road
north ~ide of Indian Neck Lane, Peconic, NY;
Parcel No. 1000-86-6-16.
frontage, at the
County Tax Map
p.m. Application JOH____~N AN~D JANE__T FLOWER_______~S, Con-~
8:25
of
400
n Road, Mattituck, NY for a Variance to the Zoning Ordinance,/
icle III, Section 100-32 for permission to construct'garage
/
in the frontyard area, at 400 Conklin Road, Mattituck, NY; ~
~d~r~g~~ ~!~_~.577, Lots 24 and 25; County Ta~
8:30 p.m. Application for RICHARD E. SULLIVAN by David S.
Horton, Kouros Road, New Suffolk, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for per-
mission to construct deck which will exceed the maximum lot
coverage of existing and proposed structures, at 440 Third
Street, New Suffolk, NY; County Tax Map No. 1000-117-09-020.
8:35 p.m. Application of JACK EEVIN, 59670 C.R. 48, Greenport,
NY, for a Variance to the Zoning Ordinance, Article III, Sections
100-30(B) [1] and 100-31 for permission to use the existing dwelling
for two-family use, second-dwelling unit having less than the
required 850 square feet of living area, at 59670 C.R. 48, Greenport,
Page 3 - Legal Notice of Regular Meeting and Public Hearings
Southold Town Board of Appeals
May 27, 1983 Regular Meeting
more particularly identified as County Tax Map No. 1000-44-4-5.
8:40 p.m. Application of JACK LEVIN, North Road, Greenport, NY,
for a Special Exception to the Zoning Ordinance, Article III, Sec-
tion 100-30(B) [1] for permission to convert existing dwelling into
two-family dwelling use on a minimum two-acre parcel located at
the south side of C.R. 48, Greenport, NY; more particularly identi-
fied as County Tax Map Parcel No. 1000-44-4-5.
9:00 p.m. Recessed Hearing: DOROTHY REISE (Owner) and RIAL
REALTY CORP. (Contract Vendee) by Rudolph H. Bruer, Esq. Tennis
court and garage on a vacant parcel. East Hyatt Road, Southold, NY.
Any persons desiring to be heard concerning the above matters
should appear at the times and place above noted. If ~dditional
information is needed, please contact Linda Kowalski, Secretary of
the Board of Appeals, at 765-1809 (or 765-1802).
DATED: April 27, 1983.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
Instructions to newspapers:
Please publish once, to wit, Thursday, May 12/ 1983 and forward
one affidavit of publication to: Board of Appeals, Main Road,
Southold, NY 11971.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To .J~.~../7.....~:....~..~.t~..d~.~..~ .. .......
· .~ .,~.~.~.. ~< .................
... .......
PLEASE TAKE NOTICE that your application dated ../~/r././.. ~. ..... , 19 .?,.,~
for permit to construct....~"~'{.~...~.t~-~, z~...~..~..C~.,~~. .~..~..~. ............... at
Location of Property ~/~s~ N~.o.q.~/....../ . . . . ~ .~k,~t.t.~......~. ..........
County Tax Map No. 1000 Sec,tion .. ~/~..~. ....... Block . .~.~. ........ Lot ~.~ .......
Subdivisio/~.~'/~,. ~.. ~: Filed M/ap No... ~"~'X ........ L~t No....~.~..-. d~.-. ....
is returned herewith and disapproved on the following grounds .~j/:~fe'~/~s¢7-~../~....d~. c~ ......
Building Inspector
RV 1/80
FORM ~qO, 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined ........................................ , 19 ........
~oproved ........................................ , 19 ........ Permit No .....................................
Disapproved a/c ............................................................................................
Application No .................................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date ................ . .~../..~....~... .............. ,
INSTRUCTIONS
a. This application must be completely filled in by typewriter o~ in ink and submitted in triplicate 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 o~
areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application.
c. The work covered by this (3pplication may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit
shall be kept on the premises available f, or 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 oil applicable lows, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in buildings for necessary inspections.
(Sign/c~re of applicant, or nome, if (3 corporation)
...... ~~ ' ~ :~''(A~ ........ ::L~ ..............
(Address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
If applicant is (3 corporate, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No .....................................................
Plumber's License No .................................................
Electrician's License No .............................................
Other Trade's License No ...............................................
Ma o
1. Location of land on which proposed work will be done. p N .: ........................................ Lot No ....... .~ ...............
Street and Number ....~...O../..u/.../k~./..(~........~...~....~..~. ............... .~...~.~..~.../~....~........~...Y...~..~ ............................................
~ ~-c~ ~ Municipality
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
o. Exisiting use and occupancy ......... .~......~..~ ...................................................................................................
b. Intended use and occupancy .......... ~,.~..0~. ........ ..~.J ..~... .............................................................................................
3. Nature of work (check which a ab[e): New Building....... -~.~ ........ Add .................. Alteration ...............
, Repair .................. Removal .................. DemoHtior ..................... Other Work ................................................ . ....
(Description)
4. Estimated Cost ....'~....~.;x ~ ~' c~ ..........................................................................................
.~....~,.~... ................................ Fee (to be paid on filing this application)
5.If dwelling, number of dwelling units ............................ Nurnbcr of dwelling units on each floor ...........................
If garage, number of cars ........ ~!.9. ....... .O,~.J~ ...............................................................................................
6. If business, cornmerciaJ or mixed occupancy, specify nature and extent of each type of use ............................
7. Dimensions of existing structures, if any: Fro~t ............ ~. ............Rear .......... .C~- .................. Depth .....~....~...~ ......
Height ........................ Number of Stories ............. ~.~.."/..~.. ...............................................................
Dimensions of same structure with allerations or c~d Jidons: Front .................................... Rear ............................
Depth ................................ Height ............................~lumb(r of Stories ................................
8. Dimensioas of entire new construction: Front ............... ~..?...~ ........... Rear ........./..-~...~ ........ Depth .....,~..~..c./~.....~. ......
Height .................... Number of Stories .............. ~.~"i ~-~. .....................................
9. Size of lot: Front ....... ./....q.9..~ .............................. P,e~r ......... ~....~ ....................... Depth ...............................
10. Date of Purchase ..... - '~../..~..~,../.~../.. ...................... Name of Former Owner
11. Zone or use district in which premises are situated .....................................................................................................
12. Does proposed construction violate any zoning law, ordinance or regulation: ........................................................
13. Will lot be regraded ........ . .~....~.:.~.5. ....... Will excess fill be removed from premises: ( ) Yes (/~) No
14. Name of Owner of premises ........ .?~.~.....~....~.,.~ .~.~..~..~. Address .~.~.4~.~¢.f~.~ ....... Phon~
Name of Architect ........................................................... 6/ Address ................................Phone No .......................
h.!ome of Contractor ./..~r~.~.~,..~.~/.....~.~.~.:....-'~../~..'~:, Addres(~/..Z.~.~.,5.~.~.r../k..r..~..Phone No~f/.'.~...5~./~..-..7.~.C0
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and 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 1at.
ETATE OF NEW YOP, K~, ,~ . I,,
COUNTY OF ....... ,.~ ~!.tb..~- · .~--~..!-~'..... f b' b ,,---,
................ ~.c?...6...~. ....... /~-). ......... ..~....L..~..~..~='.~...c·~.. being duly sworn, deposes and says that he is the applicon,
(Name of individual signing contracf)
above named.
He is the ......................... .O......r,~.....~...~..~. ..........................................................................................
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to oerform or have performed the said work and to make and file
this application; that all stoternents contained in ti~is 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 filed therewith.
Sworn to before me this _/1 , , '
· -~.. K~. day of ......... ~..~..~T..,,..~, .......
Nota Publ c, . ............ :~.. ~. .... '~C u .......................... ...
~APR ~ 6'1983
TOWN OF $OUTHOLD, NEW YORK
~ ~ ~AL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~,~/~ ~
DATE ......
TO THE ZONING BOARD OF APP, EALS, TOWN OF SOUTHOLD, N. Y.
1, (We)...~.......~.~.~...-~.'. ........... of ....~...~.......C~...~...~'......~../../..,,~,. ...... ..~..Z ....................
". Name of Appella,nt Street and Number
...... ............................................................... .........
HEREBY
APPEAL
TO
Municipality
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ~ DATED .~..~....~..'{..L......~....~...?...,/.~...?...?.
WHEREBY THE BUILDING INSPECTOR DENIED TO
~ ~ome o{ Applicont {or permit
of
Street and Number Municipality State
() PERMIT TO USE
) PERMIT FOR OCCUPANCY
oOCzT~ON OF 7~e ~RO~ERTY ..GcP....C.c~.~....b.~.~.o ...............................
Street Use District on ~oning 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.)
_. ,4 .re /_ !,u-~- .3'e c. /o o- .~ 4
3. TYPE OF APPEAL Appeal is 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. PREVIOUS APPEAL A previous appeal (has)~,~os no, been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
) A VarJance to Section 280A Subsection
A Variance to the Zoning Ordinance
)
~s requested for the reason that (A) C,
(Continue on other side)
REASON FOR APPEAL
Continued
sory HARDSHIP because
STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COUNTY OF~e~'~Z/~ )
Sworn to this .................. ~.. ......................
(/-' Signature
Notary Public
JUDITH T. TERRY
Not~ Public, State of NeW York
N~, ~2~0344'963 Suffolk
{3~wlml~ton Expires March SOt
MAP o~ LAND
SURVEYED
JOHH FLOWERS
"C~AP, DE:kJ ~-'~EiGH~'%I MA~'T~TUa~
LoT Nos. SHOWN ~EFER TO
~P~577r
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE E. KOPPELMAN
Town of Southold
Board of Appeals
July 21, 1983
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant
Mug~cipal File Number
Annette Golden Carnes
Richard E. Sullivan
John Grigonis
Henry Pierce
John & Janet Flowers
3051
3107
3116
3123
3128
GGN:Jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SflUTHE]LD, L.I., N.Y. llg?l
TELEPHONE (518) 765~180g
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 I00-32
Variance from Determination of Southold Town
Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3128
Location of Affected Land:
County Tax Map Item No.:
Within 500 feet of:
xx
400 Conklin Romd,
1000- I39-04-006
Applicant: JOHi~ AND JANET FLOWERS
Mattituck
Town or Village Boundary Line
__ Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway,
__ Boundary of Existing or Proposed County,
Owned Land
Boundary of Existing or Proposed County,
or Other Recreation Area
Thruway
State or Federally-
State or Federal Park
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 i~x~x~ permission to
in the frontyard ~re~.
construct q ~r ~qe
Copies of Tow~ file and related documents enclosed herewith for your
review.
Dated: J~ly '~. I983 ~ ~' ~~
TemD. Secretary, Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 50UTHOLD, L.I.. N.Y. 11cj'71
TEl FPHONE (516) 765-1809
June 15, 1983
Mr. and Mrs. John Flowers
400 Conklin Road
Mattituck, NY 11952
Re: Appeal No. 3128
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
Bui'lding Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
M~,~ o¢ LAND
J,oH~ FLOWERS
5U FFOL½ COtJ INT¥,
LOT Nos. SHOWN a, EFE~ TO
~N~U~L ~ SoN...~..~'.-
L~c~s~a Lan~ Surve~ar$ ':
Greenport, NY, for a Variance 100 60 (A, ~ ,,~, ~-- ·
to the Zoning Ordinance -. . ~ ~ ~o~ .or Pecomc, NY-Couet T
Article III Sections 100- ' permission to construct a new ~ Parcel Nn ~Y,e ax Map Hearing. DOROTgV
100-82 for permission to re- dwe. lhng In this B-Light f u:~5 o m A,~mi,.ot~,.~ e~.,.- (Owner) and RIAL REALTY
locate accessory structure in ; _Bns~rinss.District at 860 Main \JOHN" ~N~"""j'~"I~E°~/
!he .f.ron. t/side yard areas at ~ ~o)~.ew~Rea.d., Sou_thold, NY; ~_F_LOWERS, 400 Coelflin Road, //,' _liuuo. lph H. Bruer, Esq,
riea~nulie Avenue, Fishers umy 'tax rdap l"arcel No. ' I~tattituck, NY for a Variance/' 're~ court and garage on a
norSu , iou t A ... to the Zoning Ordinance, East Hyatt
l~ap ut ~mita-Hilliard #155, : p. · ppl~caiion of /Article III, Secti~on 100-32 for/) ~o~u, oo~theld, NY.
,Lot 3; more particularly ~A~F.,.RED. ~A.ND ZINA HULL. ~ permission to construct [( Any. persons desiring to be
xnown as County Tax Man No .~. rean a~reet, New York, garage in the front nearu concerning the above
7:35 p.m. Application for ?m.ng Ordinance Article XI, ~i/Mattituck, NY; Garde~ ~ p. rn~ .a.n.d place a~ove noted.
HILDEGARD MORAND, by- ' oech,on. .100-11SE for '~ Heighls Subdivision Map 577 [ l..~_a~d_d.,itional information is
Irving L. Price, Es,~ 828 permission m reconstruct and ~ Lois 24 and 25, .,;~.ut.u, please contact Linda
Front Street, Greenp~r't', NY ,, .al_te.r.existing building which ~ Map Parcel N~;Cl~-tlY39~I _Kowa. lski, Secretary of the
for a Variance to the Zonin~ ., wotuu exceed 50% of the fair t. 006. uearu of Appeals, at 765-1~09
Ordinance Article III, Sectio~ mark. et value of this structure, '*~o. m A,~,.',.o.~^-~- (or 765-1~02)
. . . ,-. ~.~. ...... ,,. *or 'DATED:A ri127 1
g nit in this A- ~ ~ Road, N-e(v Suffolk, NY for a ' THE SOUTHOLD TOWN
~ nonconforming accessory · Reside ' ,, ' · ' · .
:: structure, leaving an' -- _ ntial D~stric~ at 3630 , Variance to the Zomng BOARD OF APPEALS
..... GERARD p. GOEHRINGER
~ i~fi~c~,e~t sideyard setback · ~Y~n~ ~A~aexnUl~l"ec°nic' Ordlnnnce Article III, Sectio~
~; ,, p ' cipel structure), at No 1~'~°u~n~I~y''lj~ p Parcel 100-31 Bulk Schedule, for CHAIRMAN
~i~; 935 Old Shipyard Lane, ' - 8' ~. _ _~-~-o~v?... i permission to construct deck 1TM12-4247
~Southold, NY; Founders : - :o~ p.m. application of · which will
~;' Estates Map 834 Lot 107 --- ;~OUTHOLD LUMBER CO, maximu~ ,~. e_x_ceed the.
' County Tax Map Parcel No -- ::, ...~_o_ungs Avenue, existing and propOs~e~{~..
· 100064-05-021. ' oouinolu, l~y, for a Variance structures ata~'v,.~..~o,
....., !.0 p.m. Apphcatlon of . ......... g.,Ordmance, New Suffolk, NY; Count~ Tax
olL{tELM & SILKE a~tlglg Al, ~ec~lon 100-119B MapNo. 1000-117-09-020 --
FRANKEN, 75 CarreH Street, for permissi,on to erect fence 8:35 p.m. Application' of
~~r .-'/n~" o~ exce~nt~:r~narh:iagoh~ ~:nsg JACK LEV[N, 59670 C.R. 48 -
to t~i ' .. , ~Grpenport;,,Ny foraVariance~.
Article III, Section 100-31, ;~ ~ scs more par~lcmarly: f to the Zoning Ordinance,
Bulk Schedule, for permission l~nWuneS~..6.7.5 Boisseau Article III, Sections 100-
~- to construct new dwelling with Ta -- ' o ~?_ld_,NY;County 30(B)[I] and 100-31 for
.i ...~ an insufficient frontyard x ~uapl~o. ~000-63-02-030.1. permission to us~ th,~ ~..i~,' ~
's_e. tback, at Osprey Nnst Road, _8.LI_0 p.m. Application of dwelling for t~-~-~a'~.,~,~,~m,g '
~ _ _ ,~. ~clcevns Point Section I, Man ~.~Y PIERCE, 2615 Wells second-dwellino ,,~?;'{.~ ..,ye,
L ' ..... ~ >.. ~52,.S_ubdivision Lois 14 an~;;s-~.~._°a.~, Pec°nin;'NY for-a~--- ices than the ~..~.,.~a~v~n.g~
..... E_G_ALNOTI~'E lo, a~ C/reenn~rt. Co,,,-~- '~-~ '" ~,anance to the Zonin,"~o ...... · - . .:.:,-~-..~u ooo ~ -./..~
7:4 m A ,cat,on or a .nsory storageY ldentlf, e?:
267 of the Town Law and the P ' PP ' thefrontandsideyardareaat 5; Y MapNo 100~_
Provisions of the Amended.,' BURKE E. LIBURT, 1420
full o. - _. ct~ng dna tae variance to the Zoning County Tax Map Parcel No.
owing ruelic Hearings will : Ordinance, Article III Secti
be heldby the Southold Town· 100-32 for permisSiOn ~
Board of Appeals at the · construct accessory horse
Southold Town Hall, Main barn in the sideyard area, at
Read, Southold, New York, on 1.420 .King Street, Orient, NY;
FRIDAY, MAY 27, 1983 coumy Tax Map Parcel No
commencing at 7:30 p.m. and ~ ~, ~ 1000-026412.040. '
nsfollows: .: 7:50 p.m. Application of
7:30 p.m. Application for JOHN GRIGONIS. Main Bay-
REV. WILLIAM j.
HILLIARD, by Irving L.'
Price, Esq., 82~ Front Street, ·
1000-~6-02-1.2.
8:15 p.m. Application for
ROBERT T. KROEPEL,
D.D.S. by Rudolph H. Bruer,
Esq,, Main Road, Southold,
NY for a Variance to the
view Road, Southold, NY, for
a Variance to the Zoning road frontage, at the north
Ordinance, Article VI, Section ·
side of Indian Neck Lane,
JACK LEVIN, North Road,
Greenport, NY, for a Special~
Exception to the Zoning
Ordinance, Article III, Section
100-30(B)[I] for permission to
convert existing dwelling into
t~,o-.family dwelling use on a
Zoning Ordinance, Article III, minimum two-acre parcel
Section 100-31 for approval of located at the south side of
two proposed parcels having C.R. 48, Greenport, NY; more
approximately 37,069 square particularly identified as
feet in area and 120.85 feet of County Tax Map Parcel No.
100~ ~.~. ~. 5. '
9:00 p.m. Recessed
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK )
....... ~.=z~.~...~.......G.u=.~.a.~.s~ ................. of Greenport, in said County,
says he/she is a representative of THE SUFFOLK TIMES, a weekly
newspaper, published at Greenport, in the Town of Southold, County
of Suffolk, State of New York, and annexed is a printed copy that has
been regularly published in said newspaper once in each week
for.....~. ......... week(s) successively, commencing the..**.~,~,hday
of ............. ................ .............
$~orn to before me this ................. .1...2...~..h.. .............
day of .......... ~.~¥. ........................... 1¢ ............ 8.~ ....................
HELEN K, DE VOE
NOTARY PUBLIC. State of New York
No. 4707878. Sullolk County
Term Expires March 30, 19~'"
' N.Y. 10038, for a Variance tO
' the Zoning Ordinance,~icle
Xl, Se~ion 100-118E J~er.-
mission to reconstruct and
alter existing building which
would exceed 50% of the fair
market value of this structure,
requiring & varinnce to con-
tinue or reinstate a second-
dwelling 'unit in this "A-
Residential" District, at 3630
Soundview Avenue, Peconi¢,
N.Y.; County Tax
No. 1000-68-04-004.
8:05 p.m. Application of
SOUTHOLD LUMBER CO.
INC., Youngs Avenue, South-
old, N.Y., for a Variance to th~
Zoning Ordinance,
Section 100-119B for pennis-
sion to erect fence exceeding
4' in height along the front-
yard area of these premises
more particularly known
675 Roissenu Avenue, South-
old, N.Y.; County Tax Map
HENRY PIERCE, 2615 Wells
Road, Peconic, N.Y. for
Variance to the Zoning Ordin-
ance, A~icie 100-32 for per-
mission to construct accessory, P
storage building in the front
and side yard area at 26~
Wells Road, Peconic, N.Y.;
County Tax Map P~arcel No.
1000-086-02.1.2. ~ ~'
8:15 p.m. Application for
ROBERT. T. KROEPEL,
D.D.S. by Rudolph H. Bruor,
Ezq., Main Road, Southold,.
N.Y. for a Variance to the
Zoning Ordinance, Article 1II,
Section 100-31 for approval of
two proposed parcels having
approximately 37,069 square
feet in area and 120.85 feet of
read frontage, at the north
side of Indian Neck Lane,
Peconic, N.Y.; County Tax
pplication
NET FLOW-
~ ERS, 400 Conldin Road, Matti.
tuck, N.Y. for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 for permission
tto construct garage in the
frontyard area, at 400 Conk~in
Road, biattituck, N.Y.; (}ar-
den Heights Subdivision Map
577, Lots 24 and 25; County
Tax Map Parcel No. 1000.139-
8:30 p.m. Application for
RICHARD E. SULLIVAN by
David S. Horton, Kouro's
Road, New Suffolk, N.Y~ fOr a
Variance to the Zoning Ordin-
ante, Article IH. Section 100-
31, Bulk Schedule, for permis~
sion to construct deck which. JO
will exceed the maximum lot
coverage of existing and pro-
posed structures, at 440 Third
Street, New Suffolk, N.Y.;
County Tax Map No. 1000.1
09-020.
8:35 p.m. Application of
JACK LEVIN. 59670 C.R. 48,
Crreenport, N.Y., for & Var-
iance t~ the Zoning Ordinance,
Article Ill, Sections 100-30(B)
flJ and 100-$1 for permission
to use the existing dwelling for
two-family use, second-dwell-
lng unit having less than the
required 850 square feet of
living area, at 59670 C.R. 48,
Greenport, more particularly
identified as County Tax Mal~
8:40 p.m. Application ~of
JACK LEVIN, North Road,
~Greenp. ort N.Y., for a Special
Copies to the following on or about Wednesday, May 11, 1983:
Personal Delivery:
L.I. Traveler-Watchman 5/10/83
Suffolk Times 5/10/83
Supervisor's Office
Town Clerk Bulletin Board
Chairman, ZBA & members
Town Board members
Vic Lessard
Building Inspectors
By Mail
Irving L. Price, Jr., Esq. for
Rev. Wm. J. Hilliard
Hildegard Morand
Mr. and Mrs. Wilhelm Franken
Mr. and Mrs. Burke E. Liburt
Mr. John Grigonis
Mr. and Mrs. Alfred Hull
Southold Lumber Co., Inc.
Mr. Henry Pierce and Mr. John Geidemann
Mr. and Mrs. John Flowers
Mr. Richard E. Sullivan
Mr. David S. Horton
Mr. Jack Levin
Rudolph H. Bruer, Esq. for
Robert T. Kroepel, D.D.S.
Dorothy Reise/Rial Realty Corp.
and Mr. John Geidemann
JUDITH T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
April 26, 1983
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3128 application of John & Janet
Flowers 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. ~~~
VJudith T. Terry~
Southold Town Clerk-
BOARD OF APPEALS, TOWN OF $OUTHOLD
In the Matter of the Petition of
to the Board ef Appeals of the Town of Southold
TO:
NOTICE
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 requestS(Special Exception) (Special Permit) (the following relief:
).
2. That the p,ro?erty which is the subject of the Petition is located adjacent to your property and is des-
cribed as fotlows: ~z/'~c-'~ C~-~,,~/f'//~) .~R~_z~/ /:~/~c~ ,X~',c~,~j,¢.~ ,,9~_~
That the property which is the subject of such Petition is located in the following zoning district:
/!, - e.
4. That by such Petition, the undersigned will request the following relief:
$. That Cbe provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare: ~-~:~ ~ ~:~_~ /~'~ ~ ~,:Z
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
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 $outhold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Petiti/~/er
Post Office Address
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
GPO: 1979 302-878
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
e/~~ t ~ ~ ./!~ , being duly sworn, deposes and sa~s that On the ~ day
of ~t~ ,19 ~3 , deponent mailed a true copy of the Notice set forth bn the re-
verse si~e ~%reof, directed to each of the above-named persons at the addresses set opposite thHr 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-
fice at ~H~ ; that said Notices were mailed to each of said persons by
~ (registered) mail.
Sworn to before me this
of /~-./~.
day
Notary Public
JUDITI-I T, TERRY
Notary Public, State of New Yo~l~
N ~o ~344963 Suffoll.; County
Commission Expires Ma~ch $0~
(Today s Date)
To: Sou~old Town Board of Appeals
~lain Road
Southold, NY 11971
Re: Appeal Application of ~ +
Location of Property: . ~QO ~-O~
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 iQ the within appeal application:
(please check one box)
[ ] May be located %'ithin 300 feet of tidal wetiands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May be 'located within 300 f-e== ~ of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (m~.o~)
(major) ~ ~ ,
~epaz~s and approximately feet in
length.
[ ]
May be located within 300 = ='
=e_u 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.
-
not appear to
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items'(*) indicate your property does
fall within the jurisdiction of the N.Y.S. D.E.C.]
Sincerely yours,
~lgna tufa please)
NOTE: If proposed project falls witqkin D.E.C. jurisdiction,
approval must be received an.~ submitted to our office before
your application can be. scheduled for a public hearing.
0
,S.HORT ENVIROhq~ENTkL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short gAF 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, research
or other investigations will be undertaken,'
(b) If any question has been answered Yes the project may be significant and a
completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this project is
not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? . . · . · · · · · Yes ~ No
2. Will there be a major change to any unipue 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 impaco on
groundwater quality? ' ' · . · · · Yes ~ No
5. Will project significantly effect drainage flow
on adjacent sites? · o · · · · · · Yes, / No
6. Will project affect any threatened or endangered
plant or animal species? . · · . · , · Yes ~ No
7. Will project result in a major adverse effect on
air
quality?
8. Will project have a mmJor effect on visual char-
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 struck-
ute of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? · · · Yes __~ No
10. Will project have a major effect on existing or
11. Will project result in major traffic problems or
cause a major effect to existing transportation
12. Will project regularly cause Objectionable
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? . ,,, Yes ~ No
13. Will project have any impact on public-health or
safety? .......... ~ · ~Yes ~ No
l&. Will project Affect the existing community by
directly causin~ a growth in oermanent popula-
tion of more than 5 percen~ o~er a one-year
period o__r have a major negative effect Qn the
character of the com.~unity or neighborhood?.-· Yes ~ No
15. Is there public contrcvers~ concerning the Dro4sct~ Yes ~ No
PREPkRER, S SIGNATURE:
REPRESENTING: / -- DATE:
COUNTY OF SUFFOLK [~P~"O~ SOtJTHOLD ~Ec,,o~o