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HomeMy WebLinkAbout3079 HAIN Er'lAD - STATE 1~[3AD / oard of Appeais 25 E~OUTHOLD, L.I., N,Y. llg?l TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3079 Application Dated January 31, 1983 TO: Mr. Walter Gaipa 360 Lakeview Terrace, Box 247 East Marion, NY 11939' {Public Hearing held 2/25/83) [Appellant (s)] At a Meeting of the Zoning Board of Appeals held on February 25, 1983 the above appeal was considered, and the action indicated below was taken on your [X] 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 100-327 Article XIV, Section 100-14lB [ ] Request for The public hearing on this matter was also held on February 25, 1983. Upon application of WALTER GAIPA, 360 Lakeview Terrace, East Marion, NY, for variances to: (a) the Zoning Ordinance, Article XIV, Section 100-141B and Article III, Section 100-32 for permission to construct accessory building in the frontyard area, and (b) New York Town Law, Section 280-a for approval of access. Location of Property: 360 Lake- view Terrace, East Marion~ NY; County Tax Map Parcel No. 1000-31~09-012. By this appeal, appellant seeks permission to replace the existing 12' by 29' accessory storage buflding located approximately one foot from the front property line abutting the private right-of-way with a new 12' by 30' accessory storage building, to be located 18½ feet from the front property line as depicted on survey submitted with the subjecn application. The parcel in question contains an area of approximately 11,120 square fee~ and borders Marion Lake. Existing on the premmses is a one-family 1½-story frame dwelling and the accessory building which is the subject of this application. Access to this parcel ms over a private right-of-way extending from Bay Avenue in an easterly direction 210 feet in length and 24 feet in width, and runs thence in a northerly direction a width of 20 feet 58.0 feet to the premises in question. Applicann is also seeking approval of access over this right-of-way, and the board finds after personal inspection that the right-of-way is in fine, satisfactory condition. For the record it is noted that a prior appeal has been made concerning this property under Appeal No. 2156 in which the appli- can~ was granted permission ~o construct the existing accessory build- ing in the front yard on July 1, 1976. In considering this appeal, the board determines that the variance request ms not substantial in relation to the requirements of the zoning code; that the circumstances are unique; that by allowing the variance no subsnan~ial detriment ~o adjomning properties will be created; that the difficulty cannot be obviated by a method feasible for appellant o~her than a varmance; that the relief requested will be in harmony w~th and promote the general purposes of zonmng; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance as indicated below. (CONTINUED ON PAGE TWO) DATED: March 8, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ~ page 2 - Appeal No. 3079 Matter of WALTER GAIPA Decision Rendered February 25, 1983 On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3079, application of WALTER GAIPA for: (a) permission to replace existing accessory building in the frontyard -area, and (b) approval of-access over a private right-of-way, BE AND HEREBY IS APPROVED SUBJECT-TO THE FOLLOWING CONDITIONS: 1. That the building shall be set back no closer than 20 feet from the westerly (front) line ~nd no less than three feet from the southerly (side) line; 2. That this building shall be used for storage purposes only. Location of Property: 360 Lakeview Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-09-12. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY T~-.'E SOUT~CLD TO%YN CLERK DATE ~/~/73 }~OURo?'~/~. D] To~n Cl~rk, T~x':~ MEMBERS GERARD P. GOEHR'INGER. CHAIRMAN CHARLES GR1GONIS. JR. SERGE DOYEN, JR. ROBERT J. DOOGLA$S JOSEPH H. SAWlCKI $o thold Tow Board of Appeals MAIN ROAD - C;TATE ROAD 25 ~;OUTHOLD. L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 NOTICE tS 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 on FRIDAY, FEBRUARY 25, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of F~ST END SUPPLY CO., INC., 203 Front Street, Greenport, NY for a RE-HEARING (on Appeal No. 3013) for a Variance to the Zoning Ordinance, Article VII!, Section 100-81, Bulk Schedule, for permission to construct warehouse in this "C-Light Industrial Zone" District with insufficient front, rear and side yard setbacks. Location of Property: South Side of Corwin Street, Greenport, NY; County Tax Map Parcels No. 1000-48-02-002 & 003. '7:35 p.m. Application of HAROLD P. SCHWERDT, 2720 Cedar Avenue, Southold, NY for a Variance to the Zoning Ordinance, Artiole III, Section 100-32 for permission to construct accessory building in the northwesterly section of premises located at 2720 Cedar Avenue, $outhold, NY; Goose Bay Estates Map No. 1176, Lots 192 to 195, inclusive; County Tax Map Parcel No. 1000-077-002-001. 7:40 p.m. Application of JANET A. DAVIS, Box 885, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-1lSD for permission to reinstate nonconforming use as an antique shop and residential use (apartment) in this A-Residential Zone. Location of Property: 45395 Main Road, Southold, NY; County Tax Map Parcel No. 1000-075-02-011. / 7:45 p.m. Application of WALTER GAIPA, 360 Lakeview Terrac East Marion, NY for Variances to: (a) the Zoning Ordinance, Article XIV, Section 100-141B, and Article Iii, Section 100-32 for / permission to construct accessory building in the frontyard area, > and (b) New York Town Law, Section 280-a for approval of access. Location of Property: 360 Lake View Terrace, East Marion, NY; County Tax Map Parcel No. 1000-31-09-012. 7:50 p.m. Application of BURKE E. LIBURT, King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 A(2) [c] and C(5) for permission to construct corral and alter use of Page 2 Legal Notice of Hearings Southoid Town Board of Appeals Meeting Date: February 25~ 1983 existing barn to stable a pony on premises having an area of 39,048 square feet and more particularly identified as 1420 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-040. 7:55 p.m. Application of J. ROYAL AND VIRGINIA GIFFORD~ 1515 Minnehaha BouIevard, Southold~ NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to build accessory building in the sideyard area at premises known as 1515 Minnehaha Boulevard (a/k/a 60 Opechee Avenue), Southold~ NY; County Tax Map Parcel No. 1000-087-03-050~ 8:00 p.m. Application of PATNICK REALTY CORP~ by Gary Flanner O!sen, Esq.~ Main Road, Box 38, Mattituck, NY for a Variance ~o the Zoning Ordinance, Article VI, Section 100-60~ permitting two residential dwellings in this B-Zoned District. Location of Property: 69430 Main Road, Greenport~ NY; County Tax Map Parcel No. 1000-45-05-001. Any persons wishing to be heard concerning the above matters should appear at the times and place above specified. For additional informations please contact Linda Kowalski~ Secretary at 765-1809 (or 765-1802). Dated: February 4, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions ~o newspapers: Please publish once~ to wit, Thursday, February 17th and forward affidavits of pu~b- lication to Board of Appeals, Main Road, Southo!d, NY i1971) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ~f~rA~ ~ q ~ To .... . .~. 4f..'~..t~..t .-~. .... .~..~. (~ ..... .... ~ .~.~.. ~.Y.7 .... ~T4~..~/?~ ~/ ......................... ..... PLEASE T~E NOTICE that your application dated ................ ~ ~ ~..~ 19 ~.~. for pe~it to construct..~.~ ~.~.. ~,~,(. ~ ~. ~) ................. at Location of Property ... ~ ~Q ...... ~-.,.. ~(~{~..~.~f.gC .... ~.~..~ ~(O House No. Street Hamlet County T~ Map No. 1000 Section ....~t ....... Block ....... ~. .... Lot ...(,~ ..... Subdi~sion ................. Filed Map No ................. Lot No ..... ~ ............ is returned herewith and disapproved on the follow~g grounds .... /) ....T ..................... .qP7. h ~ ~ i~.h...~...(~...~... F~q~ F... ?(~ ~... ~.~.~.~ ..... /oo ~ B~ ..... ~..~K~.~...~..~.~ ~ ~...~ .... ~ ~..~ .... ~..~ Building Inspector ^t FORM NO. 1 TOWN OF SOUTHOLD BUI LD~NG DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 1'~971 TEL,: 765~ ~S02 xamined ................. 19 ... ,.pproved ................. i9... Permit No ............ ~isapproved a/c ..................................... Application No ................ (Building Inspector) APPL[CATION FOR BUiLDiNG PERMIT INSTRUCTIONS Dare ..... ~... a. Tuts apphcation must be completely filled in by wpewritar or in ink and submitted to the BuildL, zg Inspector, wit,h 3 ts of p!ea'~s: accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premxses, relations,h/p to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram wtdc_h is parf of this appli- ;tion. c. The work covered by tttis appl/cation may not be commenced before issuance of Bu~tding Permit. d. Upon approval of h~Ss application, the Bugding Inspector w~l issued a Buiidhng Permit to the appticant. Such permit .all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in p~ for any purpose whatever until a Certi~cate of Occupancy ~all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to *,.he Building Department for the zssuance of a Building Permit pu~uant to ~filding Zone Ordinance of the Town of Southotd, Suffolk County, New York, m~.d other applicable Laws, Ordinances or eguiations, for tb.e construction of buildings, add,.'tions or alterations, or for removal or demolition, as herein described. ixe applicant agrees ro comply with all applicable ~aws, ordinances, build/rig code, housing code, and regulations, and to tmit authorized inspectors on premises and in building for necessary inspections. -ff .... ; .... ................... (~ignature of app!icafft, o~ name, if a corporation) ? ....... (Mailing address of applicant) tare whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ................. 0 ,~.W.~ .~. ..................................................................... ofowne,' of?remis s .... ...................................... (as on the tax roll or latest deed) applicant is a corpo~ation, signature of duly authorized officer. (Name and title of corporate off2cer) Builder's License No .......................... Plumber's License No ........................ Electrician's License No ....................... Other Trade's License No ...................... S~-j~t.~.~J....~.~¢..~. Location of land on which proposed work will be done... ~.~.~... / " t ~ ............. ~. ';~ ~ ~. ~ .......................................... House Number Street Hamlet Counw Tax Map No. 1000 Section .................. Block ................. Lot ................... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premmes and intended use and occupancy of proposed construction: a. Existing use and occupancy ............. k,l'7~.O.~.~/fi~d.~.~.~.~ff...~.~.%. 7~.~ .... }...~6r/.~.~...~'~,.~.ct.~.~.rO.¢'- b. Intended Use and occupancy .................................................... 3.~ Nature of Work (check which ap~r' 'bio): New Building .. ~ ..... Addi ............ Alteration ..... ':... Repair .............. Removal .............. Demolition .............. Ot.~er Work ...... .~. 4. Estimated Cost .................................. Fee ...................................... ¢o be paid on filing this application) 5. If dwellLng, number of dwelling units ............... Number of dwe~ng units on each floor ........ ~ ...... if g~zage~ number of cars ....................................................................... 6. if business, commercial or mixed occupancy, specify nature a~d extent o£ each type of u~e 7. Dinrens~ons of existing structures, if any: Front ............... Rear .............. Depth .............. Height ............... Number of Stories ....................................................... Dimensions of same snx~cture with alterations or additions: Front ................. Rear ................. Depth ...................... Height ...................... Number of Stories .................... 8. Dimensions of entire new construction: Front ..... /.~2.. ~'.. Rear .... x%2. ........ Depth . ;~.O ......... Height X ~W ? Number of Sto:des ........ /. ~. .................... 9. S~ze o~ lot' Front ~ Rear & / De" ........ . ................................ pm ...Z .~. ............. I0. Date of Purchase .... ~/./~.~T'. .................. Name of Former Owner .... ~-~...~g'~.4/~-. ...... i 1. Zone or use district in which premises are situated ............................................... 12. Does proposed constructinn vinlate any zoning law, ordinance or reFalation: ............................... 13. ¢/m 1or ~e reoraded ...... z~.~ ................... V~l ~xcess fill b,~ ~emoved ~rom premises. Yes 14. Name ofOwner ofpremises .~.,g~....~.~. ...... Address (~.~e~'~.~...-'.~e~ ~?.~?.Phone No.~7?r~.~.g.~:. ~'.*.~ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRgh~4 Locate clearly and distinctly ~tl budding, whether existing or proposed, and. Ladicate al! set-b~ck dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whetham inte~or or corner tot. STATE OF NEB~'IL-K, / ~'~ ~ ,, ~. COUNtrY' O_F ~ ~''~),-- ~---~--- ~, ~ , -/-~ ~'~ ........ ~~....~~ ........... beLng duty sworn, (Name of individual si~ing cdntracO above nme& deposes ~nd says that he ~s the applicant He is the ..................... c5~-,~_~ ..................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, mhd is duly authorized to perform or have performed the said work and to make and file this application; ~at ~ii statements contained hn this applJ.ca+don are true to the best of his knowledge and belief; and that the work wilt be performed in the manner set forth in the application filed therewith. Sworn to before me this Noteay Pubiie, .: ............... ~,~4-4~/'w~.~'. .. County term [xp~es March 19.2_/ (Signature of applicant) TOWN OF SOUTHOLD, NEW YORK ~ ~83 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO ~ ~) 7 ~ DATE..~ .~.-~ ......... TO THE ZONING BOARD OF fi, PPEALS, TOWN OF SOUTHOLD, N. Y. ,, ~ ...... ~,~r..~.....~..m~.: ............... o~ ..~..~.....~,.'~......~.~.....' ........... Name o~ Appell(~ ;~ Street and Number ........ ....................................... ........... . R BY APPEL Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR APPLICATION FOR PERMIT NO. DATED WHEREBY THE BUILDING INSPECTOR DENIED TO ................ ........................ Name of Applicant for pa rmit o, e.~c....&~.~..,.,~....~.~...~ .............. ~-~.....L.~:.~...,.~!:.'/ .............. Street ona Number Municipality ~ate" ~ ) PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~..~...Q....(,~)~,~"DI~.,.,.'~./~,(~... ,,~.~:17....~/)~.&~/~ .................. Street Use District on Zoning Map .i:i..~.¥~.o.. ...... ~er..~.?.)(....:..:..c. ....... co..~...~. -r~ t~t,t~ ~o~ ~-~ ,~r~r~o~ ~ V~aD . LOT I~10, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectior and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ~.-r. )bY Ina-IV/~> 16~ -~_ 3 TYPE OF APPEAL Appeal is 'nade herewith for ( ~' A VARIANCE to the Zoning Ordinance or Zoning Map t ~ A VARIANCE due to lock of access State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A prewous appeaJ (has) 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 ( /,~d'equest for a variance and wes maae in Appeal No. ~,.~..~.L~.~. ........... Dated REASON FOR APPEAL ( ~ A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( is requested for the reason that Po~ Z~I ~MC (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the [mmedlate 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 COUNW o~-r~ !k SS Sworn to this ................ -,,~.~..~ .............. day of ...... x,~ ,..~.:~T .................. ~3 ~( .... Ic) ~ Notary Public { ~lOTARY PUbLiC, ~_at~ of New ~tA COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE: E. KOPP£LMAN Town of Southold Board of Appeals July 22, 1983 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Walter Gaipa Wilhelm & Silke Franken Hans H. Rieger Peter & Calliope Papantoniou Richard & Donnalee Relyea Kathryn Reeve Mrs. Grace E. Kenney 3079 3108 3134 3135 3136 3140 3142 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAO- STAT£ ROAD 25 SOUTHOLO. 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,~rtlc£e~rt~c~e ~,' ~ec~lon~eC~°n ~88~iB Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 3079 Applicant: WALTER GAIPA Location of Affected Land: 360 Lakeview Terrace, East Marion County Tax Map Item No.: 1000-31-09-0I2 Within 500 feet of: __ Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) Marion Lake __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land -- Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant '~~permission to building in the frontyard area. construct accessory Copies of Town file and related documents enclosed herewith for your review. Dated: July~l, I983 ~ '~-~' ~-~ O~,r~--~ Temp. Secre~ry, 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- ¢:TATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TFI FPNONE (516) 765-1809 March 8, 1983 Mr. Walter Gaipa 360 Lakeview Terrace, Box 247 East Marion, NY 11939 Re: Appeal No. 3079 Decision Rendered February 25, 1983 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 GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary NY for a zoning th~ a RegU will Town be ' ' A " ~BIDAY, BoarOOl ppe, ,,~19J~ FEBRUAB -.~0 nm. and 'O~K, eomme~ing at ,.o ~. ~ORK, ~ SS: - tion of a -- ApPhca · - 7:30 p.m. ~-~LY CO.. R-n0 ~l~ zoning Or~t~ala0.Sl' Bulk ~tion [~ ~.iZS. a neWS~P -~ Scneu~ : ...-.~house in tins o~ned )i~ d t~ u~* -- - t~ District w;~,, a side yard Y2~ ~ re ~'.r - -~e ............ setbacks- qm~th side ~ ~rr co [he~ ~e ..-" .......... Property,, ~ Greenport, ~t~ ~ ~v~euctn~ on u, · tion of premis outhOl~ 2 ' ''" ' " ' ' '" ''2 ~20 c~ar Aven~'.Stes Ma~ ~ 1~174~7 ~ ...................... NY; Goose Bay ~ to'tO~ ~ - / iB ~, l~z~ ' . I NOTARY P,JBLIC, State o{ New 0t~ m Application o~ ~ ~ AUI'. ~erraee, mas ~ lot w~j__ building, m · / frontyara "IL'~ S~tion ~a / York TOWboat' oI acceSS, i ' I for appr · property: 300 OTICE IS HEREBY GIV- '.~..~:~?.,~.~,~,~,:~.~.,.-.~.~.~*;~,.~..,.~.~ ~...~,~,~.,...~:~.~<~,~,,~,:.~, EN, pursuant to ~i~ 267 of ~ / · e Town ~w and ~e ~o~- ~ / sions of the Amended C~e ~ ~ the Town of ~uthold, a Regular Meeting and the following Public Hearings will he held by the Southold Town Board of Appeals on FRIDAY, FEBRUARY 25, 1983 com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application of · EAST END SUPPLY CO., INC., 203 Front Street, Green- pert, N.Y. for a RE-HEARING (on Appeal No. 3013) for a Variance to the Zoning Ordin. Once, Article VIII, Section 100-81, Bulk Schedule, for_ permission to construct ware- house in this "C-Light Indus. trial Zone" District with insuf. ficient front, rear and side yard setbacks. Location of Pro- party: South Side of Corwin Street, Greenpert, N.Y.; County Tax Map Parcels No. 1000-48-02.002 & 003. 7:35 p.m. ~.pplication of HAROLD P. SCHWERDT, 2720 Cedar Avenue, Sonthold, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the northwesterly section of premises located at 2720 Cc- dar Avenue, Southold, N.Y.; Goose Bay Estates Map No... 1176, Lots 192 to 195, inclu- sire; County Tax Map Parcel No. 1000-077.002.001. 7:40 p.m. Application of JANET A. DAVIS, Box 885, Cutchogue, N.Y. for a Vari- ance to the Zoning Ordinance. Article Xl, Section 100-118D for permission to reinstate non-conforming use as an antique shop and residential use (apartment) in this A- Residential Zone. Location of Property: 45395 Main Road, Senthold, N.Y.; County Tax Map Parcel No. 1000-075.02- 0 0 7.~'45 p.m. Application ofN WALTER GAIPA, 360 Lake-~x view Terrace, East Marion,?] ~4.Y. for Variances to: (a) the F. oning Ordinance, Article [XIV, Section 100-14lB, and [Article III, Section 100-32 for permission to construct acces- sory building in the frontyard/ area, and (b) New York Town ~aw, Section 280-a for approv-~ ~ilof access. Location of Pro-~ ~erty: 360 Lake View Terrace,~ ~East Marion, N.Y.; County~ Tax Map Parcel No. 1000-31-~ 09-012. n,~,7:50 p.m. Application of BURKE E. LIBURT, King Street, Orient, N.Y. for a Variance to the Zoning Ordin- ance. Article III, Section 100- 30 A(2)[c] and C(5) for permis- sion to construct corral and. alter use of existing barn to stable a peny on premises having an area of 39,048 square feet and more parti- cularly identified as 1420 King Street, Orient, N.Y.; County Tax Map Parcel No. 1000-026- · 02-040. 7:55 p.m. Application of J. ROYAL AIqD VIRGINIA GIF- FORD, t515 Minnehaha Bou- ~,le~ard~~ S~ilthold, ~.Y. for a COUNTY OF SUFFOLK STATE OF NEM/ YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... (. ............. weeks successively, commencing on the /7 19..?...3.. Sworn to before me this .............. ./..7._.~.~.. ....... day of ............ ............... . CLI~MERq' J, THOMPSON NOTA~ PUSLI:, ~lata of Net York No. 52-9321725 R~ding in Suffolk County Commission Exl~res March 30, I9.~.._:" L Map Parcel No. 1000-087-03- 050. 8:00 p.m. Application of. PATNICK REALTY CORP., by Gary Flanner Olsen, Esq., Main Road, BOx 38, Mattituck, H,Y. for a .Variance to the A~y persons wishing to be! heard concerning the above matters should appear at the times and place above speci- fied. For additional informa¥1 tion. please contact Linda Kowalski, Secretary at 765- Copies Legal Notice of Hearings Mailed to the Following on Monday, February 14, 1983: Mr. Walter H. Burden, Jr. (East End Supply) Irving L. Price, Jr. (East End Supply) Mr. and Mrs. Harold P. Schwerdt Mrs. Florence Lagnese (For Janet Davis), Box 645, North Bellmore 11710 Mrs. Janet A. Davis, Box 885~ Cutchoque Paul Edwin Kast, Esq., 4177 Merrick Road, Massapequa, NY 11758 Mr. Walter Gaipa Mr. and Mrs. Burke E. Liburt Mr. and Mrs. J. Royal Gifford 1515 Minnehaha Boulevard, Southold 203 Manhattan Avenue, Union City, NY 07087 Gary Flanner Olsen, Esq. (For Patnick Realty - Drossos) Copies hand-delivered on February 14th to: Suffolk Times L.I. Traveler-Watchman Mr. Lessard, Building Department Supervisor Pell ZBA Members Posted on Town Clerk Bulletin Board on Thursday, February 10th. JUDITH T. TERRY TOWN CLERK RbGIS IRAR Ol VITAL S I h I IS[I('S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January 31, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3079 application of Walter Gaipa 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. Judith T. Terr Southold Town Clerk RECEIVED TOWN OF SOUTHOLD, NEW YORK TQwn ClQ[I~ ~old TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number .................... ............................................... ........... N REBY APPEL TO Municipality ~tate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........//..~/..~..,~ .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ........... ................................ Name~,~/~.~/l~.o' Applicant~for permit ~'.· ..~..~..~. of ,..~,,~,,(~, ............ [1~.~..~Z ............................. Street and Number Municipality Stat~ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (/,4' pe~tr ?o co~-~ocr' 1. LOCATION OF THE PROPERTY .~..(~)...(,,/~.~(k'~.f.q~....~'~.~,,~ ....... :....: ........................................... Street Use District on Zoning Mop ........ Df~..,..~.&.~.......P.~P.~...ry:.. ............................. lv~op No. ! Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning Map (/,,n~ 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) (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 ...... ~.~..7-1.~'~.~. ........ Dated ....... .~...12.(~y ...... I...;)..[.~..~..~. ................... REASON FOR APPEAL ~" A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ) ~s requested for the reason that ~'oz~ ZB] (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hordship created is UNIQUE ond is not shared by all properties olike 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 Sworn to this ............. ................ day o{................ ~g' '~}~ m[~ ......... I 9 .... 0 NE ~tz;;~FH P~bN ' il,?£ V, L L£ ( NOTARY PUBL[C, State of New Yor~ No. 52 812~0, Suffolk County BOARD OF APPEALS, TOWN OF SOUTHOLD In the Ma'ff~r o~the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Variance~(Special Exception) (Special Permit) (Other) [e±re].e ch°±¢e] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 3. That the property which is the s~ject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5].6) 765-~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 appeal and be h~eard at such hearing. ,:,ated: . / / Petitioner Post Office Address ? p 51_0 1_55 RECEIPT FOR CERTIFIED MAIL NOT F0 PROOF OF MAILING OF NOTICF ..... 'nm?'pT'~..]') MAIL RECEIPTS P 356 510 197 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROV OED~ NOT F~..~,J~RNAT ONAL MAIL CERTIFIED FEE P 510 196 RECErP~ CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) STREET AND NO ~PO, STATE AN D ZIP CO STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS,: ~:~ ~ ~ri ~ r - ~/. ~ . being dUly sworn, depo~ and says that on the ~ day of ~, ~ ' ' ' , 1~ ~ ~ , deponent mailed a true copy of the Notice set fOrth on the fe- ve~e side hereof, dire~ed to each of the above-named persons at the addres~ set opposite thor respective name; that the addres~s set opposite [he names of ~id persons are the addrmses of said persons as shown on the current assmsment roU.of the .Town of Southold; that said Notic~ were mailed at the United Stat~ Post ~- rice at ~ ~ ~ ~.r; D~ ~. ~ · ; that said Noticm were mailed to each of ~id persons by (certified) (registered) mail. SWorn to before me this ~.~ J ,~1-- /-) Notary Publk;._ / ELIZABETH ANN NEVILLE NOTARY PUBLI0, State of NeW N0. 52-8125850, ~uffolk Ceu~.!~b/i Term Fxo[res IVla ch 30. 19~L~..T (Today" s/D~te) To: Re: Southold Town Board of Appeals ~lain Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; 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 b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bul~nead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; .and there is no bulkhead or concrete wall existing on the premises. -£ ] 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, (SiSnature ~ ~'e a~e CD o o o P, OHhlEh'TAL ASSESSMt:FqI ru~h~ F~ 'iI~STRUCT]ON$: · ?' ~ (a) t;; order to answer the questions Sn th~s shoz¢ EAF ~¢ ~s assume{ '~ that the prapora~ wL]~ use. currently avoLZobZe ~nFormat~on concerning the project and the ~ka~y impacts of the act~o'n. ~t ~s not expected that oddZt~ono~ studies, research o~ other ~avast$gat$ons w$~Z be undertaken. (b) ]F any question has been answered Yes the project may be significant and a completed Environmental Assessment Fo~m ~s necessary. (c) IF all questions have been answered No i¢ is likely %ha% %his ct is not significant. -. Pr°JO(d) Environmental Assassrnent '' .. 5. 7. 8. PREPARER ' S REPRE SEIIT ] I,,~G_ W±±I project result Sn a large physical change to the project sSte or physically alter more than 10 acres of land? .................... ~., Y/ill there be o major change to any unique -unusual land form found on the s£te? ...... ¥till project alter or have a large'effect2~'I existing body of water? ...................... . Yes,/No Yes K'N0 Y,es ~,'~ ¥till project have o potentially large impact on groundwater quality? .......... ~; .... . Will project significantly dro e flow on adjacent sites? ...................... ,. ¥?ill project affect any threatened or endangered plant or animal species?. .. wilz projeot reso:t ina major adverse on air ¢{uo:ity? ............................... ¥/ill pro3ect hove o major effect on visual character of the community or scenic views or vistas known to,be important to the community?. 9. %';ill project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo by o local agency? ............ ~..-==.v.-...v~..v... 10. ¥/ill project }lave o major effect on existing or Future recreational opportunities? ......... 11. ¥;ill project result in .major traffic problems aL cause a major effect to existing transportation systems? ....................... 12. Will project .regularly cause objectionable ' odors, noise, glare, vibration, or electrical disturbance as o result of the project's operation? ......... ' ............................ 13. %Vill project hove an>' impact on public health ' or.safety? .................................... . 14. Will p~oject affect the existing community by ' directly causing o growth in permanent population of more ~hon 5 perccgt over o one year period or hove o major ncaa{ire effect on tile character of the community or neighborhood? ................................. 15. Is there public con[rovers¥ concerning the project? ...................................... DATE Yes,/Nq Yes] Yes,/~o Yes,/No __Yes' I jo