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HomeMy WebLinkAbout2952 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~IG BOA~.D OF APPEALS Appeal No. 2952 by application Dated February 17, ACTION OF THE ZONING BOARD OF APPEJ~LS OF THE TOV~N OF SOUTHOLD To Mr. and Mrs. Daniel N. Baird 625 Congress Street Neenah, Wisconsin 54956 1982 Appellant at a meeting of the Zoning Board of Appeals on March 19, 19 8 2 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. VII, Sec. ( ) 100-71 the appeal 1. Sl~X~ZaXX.X.K~lX(3~:~.~X~ffaX~~F~X3g~~X~I~iIK~7S~n ( ) be graded ( ) be denied pursuant ~ ~ticle .................... ~etion .................... Subsection .................... paragra~ .................... of the Zoning ~dinanee and the dec.on of the Building I~pector ( ) be revers~ ( ) be 0~w~w~ 7:30 p.m. Application of Daniel N. and Carolyn K Baird, 61 Wellsweep Drive, Madison, CT 06443 for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct deck addition to dwelling with an insufficient rear- yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) umque and (would) (would not) be shared by ail properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be eenfirmed ( ) be reversed, lfk FORM ZB4 Gerard P ·~- h ~ ~oe..r~n~er, ZONING BOARD OF APPEALS Chairman By this appeal, applicants seek permission to construct 12' by 34' deck to existing dwelling leaving an insufficient rearyard setback of 16 feet. The premises in question contains an area of approximately 8,928 square feet, with 93' frontage on Green- wood Road and an average depth of 96 feet. The board finds that the premises has minimal practical building area, and the loca- tion requested is most feasible under the circumstances. In considering this appeal, the board determines that the variance request in not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a vari- ance; 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. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to approve the application of Daniel N. and Carolyn K. Baird, Appeal No. 2952 for a variance to the zoning ordinance for permission to construct a deck in the rearyard area as applied for, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck not protrude forward of the decks on the neighboring parcels; 2. That the deck not be enclosed or roofed (to remain as open deck area); 3. That the deck not be used as habitable living area. Location of Property: 11 Greenwood Road, Fishers Island, NY; County Tax Map Parcel No. 1000-12-1-13.1. Vote of the Board: Ayes: Goehringer, Grigonis, Douglass and Sawicki. Messr. Doyen was absent. APPROVED Chairman Board of Appeals RECEIVED AND FILED BY T}~ SOUIHOLD TOWN CI.RRK DATE Southold Town Board of Appeals HAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI MINUTES REGULAR MEETING MARCH 19, 1982 A Regular Meeting of the Southold Town Board of Appeals was held on Friday, March 19, 1982 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Robert J. Douglass; Joseph H. Sawicki. Absent was: Serge Doyen. Also present were: Mrs. Ruth Oliva (NFEC); Mrs. Shirley Bachrach (LWV). The Chairman called the meeting to order at 7:30 o'clock p.m. PUBLIC HEARING: Appeal No. 2952. Application of Daniel N. d Carolyn K. Baird, 61 Wellsweep Drive, Madison, CT 0~o~-- Variance to the Zoning Ordinance, Article VII, Section 100-71 r permission to construct deck addition to dwelling with an insufficient rearyard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; eas~ by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. The Chairman opened the hearing at 7:32 p.m. and read the legal notice of hearing in its entirety and appeal application. CHAIRMAN: We have a sketch indicating the size of the property and the type of improvement to be made, and a copy of the County Tax Map indicating this particular property and properties in this district. Is there anyone to speak in be- half of this application? Anyone against this application? Anyone to speak at all? (None) On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in matter of Daniel N. and Carolyn K. Baird, Appeal No. 2952. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyeh was absent. the ~TAWD~,~-.~ FOl~ 'F'I TLE SUICV'E'i"'5 OF: TH~ NI~W ¥eF_.~ ~I'~,TF-- T~TLE AS$OCI~,rlOM. P~gulatory Affairs Bldg. 40 ~ SL~_~Z - R0c~_ 219 Stony Brook, .~,~ York 11794 (516) 751-7900 ~DmL~' F. FLACKE C~i,~dssioner As a result of your i~B~..~ccn.cerning.the a~ove referenced parcel, this De~nt has conducted ~ ' _lnspectiono We have foumd the ~arcel ~ Therefore, pursuant to Part 661, Official C~ilation of Oodes, _Rules and Regulations of the State of N~,; York~ Section 661o4(b), no permit under Article 25 (Tida~ ~tlands) of th~ Environm~tal Conservation Law is z~ Very truly yours, ~m~. ional Pennit Adm/n/stz~atDr NOTICE IS HEREBY G EH, pursuant to Section 267 of the Town Law and the Provi- sions 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 Town Hall, Main Road, Southold, N.Y. on Friday, March 19, 1982 commencing at 7:30 p.m. and as follows: ~' 7:30 n.m. Application of~ [Daniel N. and Carolyn K.~ ~aird, 61 Wellsweep Drive, N '~4p<hson,-~t.,?o'~'~-~ ~..or a ~ Variance ~ the ZOninR Ordin- ~ance,-Article VII, Section- / ~00-7! for ~ermissio~-{o-~'~'~ :' y~/d s~tb~.k atl. l Greenwood east by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1- -.13.1. 7:35 p.m. Application of Fishers Island Development Corp., Fishers Island, N.Y. 06390 (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance. Article IV, Section 100-41, Bulk Area and Parking Schedule for permis- sion to divide existing house and lot with insufficient aroa~- and sideyards into two, single- family dwellings and parcels at the north side of Whistler Avenue, Fishers Island. N.Y.; bounded north by Gallagher; east by Homing; south by Whistler Avenue; west by Seat-t; County Tax Map Parcel No. 1000-9-10-port of 11. 7:40 p.m. Appllcatiou of Walter N. Pharr, Jr.. 360 South Harbor Road, Southold, N.Y. (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article VI. ~ection 100-60 for permission to use premises zoned B-Light for wholesale sales (in addition to retail sales, a permitted use). Location of Property:. Notth side of C.R. 48, South- old. N.Y.; bounded north by Morris and ors.; east by Charoews and ors.; south by C.R. 48; west by Mudd and ano.; County Tax Map Parcel No. 1000-59-9.part of 30.2; also referred to as Subdivision Lot 2 c~f'N. Aliano Subdivision Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road. Greenport, N.Y. for a Special Exception to the Zoning Ordinance. Article IlL Sectio~ 100-30C(6) (f) and Article VII. Section 100-70 for permission to erecl an off- premises directional/advertis- ing sign upon property of Murphy. 8700 Main Road.' Laurel. H.Y,; County Tax Map Parcel No. 1000;122-07-006.2. 8:00 p.m. Application of Paul and Margaret Radich. 420 West Fourth Avenue. R. oselle, N.J. 07203 for perm,s- sion to convert existing dwell- lng use to two-family dwelling use at S1170 Main Road, 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 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 ........ }.x.. ....................... d a y ..~'r-~ ~. ~--c-,.'~. ~.. · · ............... 19..~..~ r~ ....... Sworn to before me this .................... day of Cornmissioa Ex;,[r~ :Azrch ~.0, i',2 Southold, N.Y.; bounded north LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Secti°n 267 of the Town LaW and the Provisions of the Amended e ~ the Town of Southold, a mar Meeting and the owing public hearit~s will i~b~ the SeathoMTown ~ Appeals at the Town on Friday, March 19, 1992, comm~ at 7:30 p.m~ and os fofl~..~ ..- ~ _t~.0_ p_.m~. Application Daniel 'lq. an~ *Carolyn K. Baird. 61 WeliSWeap Drive MadiSon, CT 06443 for ~ Variance to tho Zonin~ ordinance, Article Section 100-71 for permission construct .deck addition to dwelling with an insufficient rear-yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north b Righter; east by F.I. Ferr'* District; South by Gilman' west by Greenwood Road County Tax Map Parcel Fishers Island Development corP., Fishers island, Ny 06390 (bY Richard F.'Lark, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for Permission to divide existing (continued on next pageI COUNTY OF SUFFOLK, STATE OF NEW YORK° ~ ss: ~o,y. Gus~;a¥~ being duly Sworn, says that .h..e ..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper p~ht~s~d ~rt Green~ort, in ~d ~d~ un~ b~ Mo~ and to tw~fami]~ dwe~ing ~ at Laurel; C0~bt~- Tax MHp ors.; east by Charnews and ors.; south by C.R. 48; west by Mudd and anO.; County Tax Map Parcel No. 1000-59-9*part of 30.2; also referred to as ~ul~ division Lot 2 of N. Aliano Sub- divisien Filed Mal~ No. 250. 7:55 p.m. Apphcatina of St. Peter's Lutheran Church. Main Road, Grecnport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6)(f) and Article VII, Section 100-70 for permission to erect an off- tPisremises directional/adver* lag sign UpOn property of F. Murphy, 8700 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-12207-006.2. 6: 00 p.m. Application of Paul and Margaret Radich. 420 West Fourth Avenue, Reselie, NJ 07203 for permission to convert existing al)veiling use 51170 Main Road, Southold, NY; bounded north by Jankowski; east by SOuthold School District; south by Kahrs; west by Main Road; County Tax Map Parcel No. 1000-70-2-6. 8:10 p.m. Application of Thomas H. Witschi, M.D. by Swim King Pools, Route 25A, Rocky Point, NY 11778 for permission to construct inground swimmingpcel in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000.116~1-031. 8:15 p.m. Recessed Hearing of Auastasios and Anna Pariauos for permission to reconstruct andlocate second dwelling as existed prior to de- struc,tion by fire. Peconic Bay Boulevard and SigSbce Road, Parcel No. 1000-126-5-13. 8:25 p.m. Application of Harvey Bagshaw toe, in care of Philip J. OfriaS; Jr.~RS~L; 737 Roanol~e Avent~, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the constructieaiof additions at the east and w~st sides of the existing bnildihg with insufficient setbacks and insufficient total yard areas at 7255 Main Read, Laurel, NY; County Tax Map Parcel No. 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Read, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on p~emises zonal "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west bY Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County T~x Map Parcel No. 1000-70-5-4. Dated: Febrnary 26,19~2.' BYORDEROF THE SOUTHOLD TOWN BOARD OFAPPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary 1TMll-3899 Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 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 Clara Prout Barney Monticello Mr. & Mrs. James Mullins ~a~el & Carolyn Baird Thomas H. Witschi, M.D. St. Peters Lutheran Church Walter N. Pharr, Jr. 2724 2949 2950 2954 2955 2957 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN Er'lAD- STATE I~nAD 25 $OUTHI3LD, L.I., N.Y. 11cj71 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 VII , Section 100-71 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2952 Applicant: Daniel N. and Carolyn K. Baird Location of Affected Land: ll Greenwood Road, Fishers Island County Tax Map Item No.: 1000-12-1-13.1. Within 500 feet of: __ Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Silver Eel Cove 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: ApplicantW'~~ permission to conduct 12' by 34' deck addition with a rearyard setback of 16 feet, provided same does comply with the conditions, shown on the attached decision. Copies of Town file and related documents enclosed herewith for your review. Dated: March 26, 1982 Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SOUTHC)LD, L.I., N.Y. 11~J71 TELEPHONE (516) 765-1809 March 25, 1982 Mr. and Mrs. D&niel N. Baird 625 Congress Street Neenah, Wisconsin 54956 61 Wellsweep Drive Madison, CT 06443 Ret Appeal No. 2952 Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination 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 construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)~...~...~/~./-.../l~,.,.....~¢~.~......~..'...~./.~-~f ...../../.....~.~-~..~...~.......~- ............... Name of Appellant Street and Number ..~../..~...../~....Z~..~..../..¢~...~....,~..~ ...................................................... ...~,.....HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ../..4....~,~~ .............. ~:~:... ~:.: ............. .~.~ ........... Street and Number Municipali~ State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE ................................................................................................ Street Use District on Zoning ~:..~ ........ e~ .................. ~:.Z ............... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by n, um, ber. ~Do not quote the Or~[Lnance.) /)r/-,~/~,-,~.,_,-_,,,,,? ~' ,~-,~- Aw~ too--// 3. TYPE OF APPEAL Appeal is mode herewith for ~ 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) (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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~'h~ ~'orm ~.]]! (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 immediate vicinity of this property and in this use district because ' 3 Tl~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because -/~ ~ ~¢~/~ i ~ , ~ ~_f, ; ~4~ /~cD',~'/'~ / COUNTY 0F ss Sworn to this ................................. .,~...~..... day of ............... ~ ' ./.,~_/'i~otar~/ Public ~Y Do~misslon Expires April 1, 198~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of 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. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (the following relief: 2. That the property~ which is the subiect of the Petition is located a4iacent to your property and is des- cribed as follows: // ~/'¢¢~ ~/~-~ ~/ ~_~ - ,~r-r~./Y/~ ~/~,C~ 3. That the property which is the subiect of such Petition is located in the following zoning district: 4. /hat by such Petition, the undersigned will request the following relief: z~o ~-//~ ~ ~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article .~- __ Section 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, $outhold, New York and you ma)/then and there examine the same during regular office hours. (516) %5-[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. Dated: '-'/~/? ~ ~ ~ J?~4' Petitioner Post Office Address NAME P10 3471902 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) STREET AND NO  RESTRICTED DELIVERY = i ~ SHOWTOWHOM TOTAL POSTAG~ ~E~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P10 34719C4 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOEO-- NOT FOR INTERNATIONAL MAiL (See Reverse) RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAiL (See Reverse) h~A D i~o~1 (~,<~/~ , residing at // ¢/C)~Z:-~--~L~)~-~-~)~ /~-~ ' , being duly sworn, deposes and says that on the _ day of .,,,7~,,-),~,,4~'~--'-,,,' ,1 9~z-~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereo~ 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of- ~q/~/_r'~.¢~ C Z- ~c/~'_~ ;that said Notices were mailed to each of said persons by registered) mail. Sworn to before me this ~? day of ~T'A~I~A~z.¥ , ,19 ~ My~ission Exp!res Ap%U ~1~ 1_98~ (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Propeuty:~ 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 bulkhead 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.] (Signa~{~/~ease) SHORT EF.i~IRONMENTAL ASSESSMENT FORI4 iNSTRUCTIONS: ~ [n order to answer the questions in this short EAF it is assumed that the preparer will use. currently available information concerning the project and the likety 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 ~hls project is not signifiicont. (dj Environmental Assessment .. 1. Will project result in a large physical change : . to the project site or physically alter more than 10 acres of lan ........................ o 2. ¥1ill there'be a major change to any unique or -unusual land form found on ~he site? .......... Yes, 3. ¥1ill projecl alter or hove a large' effect'on . existing body of water? ....................... , Yes 4. ¥1ill project have a potentially large impact , on groundwater quality? ....................... 5. ¥till project significantly effect drainage . flow on adjacent sites?. . ; ...... ;%. Yes ~' Nq ' win project affect any endangered plant or animal species? ........... Yes,~. No 7. ¥/i11 project result in o major adverse elf eat . . on air quoli~y? .............. ................. , 8. %'/ill project have a major effect on visual character of the community or scenic views or vistas known to:he important to the community?. '¥es,~'No ~. %'~ill project a-dversety impact any site or .- structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental oreo .. by o local agency?. ........... .... Yes No 10. ¥;ill project hove o major effect on exlstibg or future recreational opportuniti~s?.~ ........ Yes, ~ No 11. Will project result in.major traffic problems ' aL cause a major effect to ex-isting transportation systems? ........................ Yes Y No 12. %'fill project .regularly cause objectionable odozs/ noise/' 91are, vibration, or electrical disturbance as a result of %he project's opera, ion? ......... : ............................ .Yes_ ~ No 13. %'/ill'project have any impact on public health' or.safety? .................................... _Yes: ~ No 1~. 1'1ill pPoject affect the existing community by ', directly causing a growth in permanent population of more than 5 percept over a one year period or hove o major negative effect on the choroc--~er o[ the community or neighborhood? ................................. Yes, ~ No 15. Is there public controversy concernln9 the project? ..................... ~ ................ Yes ~No PREPARER'S SIGNATURE REPRESENTING_ ~ DATE To~n of Southold Zoning Board of Appeals Southold, New York January 28, 1952 Gentlemen: Enclosed is construct a Island. our petition for a variance to deck on our home on Fisher's In speaking ~ith your office they told us that you could supply the notice of disap- proval, as ~e ha~e misplaced ito I hope this is not an inconvenience. If there are any questions please call Mr. Ba~rd's office at 203-~45-0339 or our home at 203-245- 0?34. Thank you for your time and consideration. ~1 Wellsweep Dr. Madison, Cto06443 Sincerely,// ~d ' ~arolyn K. B~ Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONt$, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS GERARD P, GOEBR[NGER JOSEPH H. SAWlCKI Chairman February 9, 1982 Mr. and Mrs. Daniel N. 61 Wellsweep Drive Madison, CT 06443 Baird ll Greenwood Road Fishers Island, NY 06390 Re: Variance Application and Related Documents Dear Mr. and Mrs. Baird: Today our office received your papers concerning a variance to construct a deck addition to your home on Fishers Island. The board is not able to schedule your application for a public hearing at this time, but will be happy to do so upon receipt of the following documents: (1) $15.00 check made payable to the Southold Town Clerk for filing; (2) Survey or sketch indicating the proposed deck together with the distance from the deck to the property lines. If possible, please send the above no later than February 26th, at which time the board will be scheduling all new applications for public hearing to be held, tentatively, the third week in March. Please call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lfk Enclosure (survey) By Linda Kowalski, Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR Ol VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 February 17, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk JTT/bn Enclosures Transmitted herewith is Zoning Appeal No. 2952 application of Daniel Baird 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. 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 Town Hall, Main Road, Southold, NY on~iday, March 19, 1982~com- mencing at 7:30 p.m. and as follows: i 7:30 p.m. Application of Daniel N. and Carolyn K. Baird, ~ 1 Wellsweep Drive, Madison, CT 06443 for a Variance to the ning Ordinance, Article VII, Section 100-71 for permission to nstruct deck addition to dwelling with an insufficient rear- rd setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.I. Ferry District; south by Gilman;. ~ west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1J 7:35 p.m. Application of Fishers Island Development Corp., Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for permission to divide existing house and lot with insufficient area and sideyards into two, single-family dwellings and parcels at.the north side of Whistler Avenue, Fishers Island, NY; bounded north by Gallaher; east by Horning; south by Whistler Ave.; west by Scott; County Tax Map Parcel No. 1000-9-10-part of 11. 7:40 p.m. Application of Walter N. Pharr, Jr., 360 South Harbor Road, Southold, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises zoned B-Light for wholesale sales (in addition to retail sales, a permitted use). Location of Property: North side of C.R. 48, Southold, NY; bounded north by Morris and ors.; east by Charnews and ors.; south by C.R. 48; west by Mudd and ano.; County Tax Map Parcel No. 1000-59-9-part of 30.2; also referred to as Subdivision Lot 2 of N. Aliano Subdivision Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) (f) and Article VII, Section 100-70 for permission to erect an off-premises directional/ advertising sign upon property of F. Murphy, 8700 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-07-006.2. 8:0~ p.m. Application of Paul and M~az~aret Radich, 420 West F~urth Avenue, Ro~lle, ~ @?203 ~©~ ~e,r~i~sion to c~ver~ ~xistim~ d~ell~ng ~ to tw~-f~ 51178i ~i~ Road, Sout~old, ~; bounded no~. eas~ by Southold School District; ~outhbF~rsz ~s[ by M~im Road; County Tax Map Parcel No. 1000-78-~--~. 8:10 p.m. Application of Thomas H. ~itschi, M.D. by Swim King Pools, Route 25A, Rocky Point, NY 11778 for permission Page 2 Legal Notice - Board of Appeals Regular Meeting for March 19, 1982 ,! to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Parianos for permission to reconstruct and locate second dwelling as existed prior to destruction by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County Tax Map Parcel No. 1000-126-5-13. 8:25 p.m. Application of Harvey Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of the existing building with insufficient set- backs and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkiq~ by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal NO. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. Dated: February 26, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRM~N By Linda Kowalski, Secretary Page 2 · Legal Notice - Board of Appeals Regular Meeting for March 19, 1982 to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Parianos for permission to reconstruct and locate second dwelling as existed prior to destruction by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County Tax Map Parcel No. 1000-126-5-13. 8:25 p.m. Application of Harv~.y .Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of the existing building with insufficient set- backs and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. Dated: February 26, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers to print Thursday, March 11, 1982 and forward 8 affidavits of publication (ST) and one by L.I. Traveler. Copies of this Notice forwarded on Monday, March 8 to: Mr. and Mrs. Daniel N. Baird at CT & FI addresses. Richard F. Lark, Esq. for FIDCO and Walter N. Pharr, Jr. Mrs. Pamela Schineller for St. Peter's Lutheran Church Mr. and Mrs. Paul Radich at NJ and Southold addresses. Mrs. Helen Cochran at Mt. Sinai address for M/M Radich. Thomas H. Witschi, M.D. Swim King Pools as agent for Dr. Witschi Mr. and Mrs. A. Parianos Gary Flanner Olsen, Esq. for M/M Parianos Philip J. Ofrias, Jr., Esq. for Harvey Bagshaw, Inc. Dr. and Mrs. Jay Slotkin Abigail A. Wickham, Esq. for D/M Slotkin Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board posted 3/6/82. Supervisor Town Board members Planning Board Secretary 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 Town Hall, Main Road, Southold, NY on Friday, March 19, 1982 com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Daniel N. and Carolyn K. Baird, 61 Wellsweep Drive, Madison, CT 06443 for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct deck addition to dwelling with an insufficient rear- yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. 7:35 p.m. Application of Fishers Island Development Corp., Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for permission to divide existing house and lot with insufficient area and sideyards into two, single-family dwellings and parcels at the north side of Whistler Avenue, Fishers Island, NY; bounded north by Gallaher; east by Horning; south by Whistler Ave.; west by Scott; County Tax Map Parcel No. 1000-9-10-part of 11. 7:40 p.m. Application of Walter N. Pharr, Jr., 360 South Harbor Road, Southold, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises zoned B-Light for wholesale sales (in addition to retail sales, a permitted use). Location of Property: North side of C.R. 48, Southold, NY; bounded north by Morris and ors.; east by Charnews and ors.; south by C.R. 48; west by Mudd and ano.; County Tax Map Parcel No. 1000-59-9-part of 30.2; also referred to as Subdivision Lot 2 of N. Atiano Subdivision Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) (f) and Article VII, Section 100-70 for permission to erect an off-premises directional/ advertising sign upon property of F. Murphy, 8700 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-07-006.2. 8:00 p.m. Application of Paul and Margaret Radich, 420 West Fourth Avenue, Roselle, NJ 07203 for permission to convert existing dwelling use to two-family dwelling use at 51170 Main Road, Southold, NY; bounded north by Jankowski; east by Southold School District; south by Kahrs; west by Main Road; County Tax Map Parcel No. 1000-70-2-6. 8:10 p.m. Application of Thomas H. Witschi, M.D. by Swim King Pools, Route 25A, Rocky Point, NY 11778 for permission FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL for permit to construct Z~P~CI¥ ~'L:¥;I'--~ 0.~ ...... at ~cation of ~ope~y ......................................... ~ ..................... HOUM No. St~t H~et co.~t~ T~ m~ ~o. ]ooo s,=tio~ ........ ~,~.. mo~ ........ / ..... ~t . ./. ~-./.. ...... Subdi~on... 3. Y~' ~'. ? ....... ~ Map No. { ~ ~ ~t No. is ~etumed he.with and disapproved on the fo~ow~g ~ounds .... /~'..~ ~'. f. (.~ C.~ ~.~ ....... Building Inspector TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ....~./...~./.~...~... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y. 1, (We)~...~...~.../..~..~...g;..~.,,-~l~..~...~....4~.'.....~..:..,,.~./...~./.of ..../../.....,,~,.....~..:..~....'~...~..~,.,.....~Z ............... Name of Appellant S~r~et and Number ...................................................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE ......................................................... ........... :....: ................. : ............ Street Use D,str,ct on Zomng M~p Map 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 ~c~ 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) (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 ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~Jo~ /~'z~fp~'~c~ ~or'm ~,~! (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 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 COUNTY Sworn to this ............................... ,~,.~.. ..... day of ............. 5.4A(c~ 17.1 G.4 A(C) UNION FREE SCHOOL DISTRICT 2 8A(c} o~ ~NSERT A SEE INSERT I.I 9 SA(c)