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HomeMy WebLinkAbout3047Pvt. Rd., Fishers Island 10/21/82 construct accy. storage shed in the sideyard- ~r~ !0-60~3.1 & 14.1 _ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ACTION OF THE ZONING BOARD OF AP] Appeal No. 3047 Application Dated October 8, 1982 TO: Rudolph H. Bruer, Esq. as attorney for Alexander GastoD Main Road Southold, NY 11971 E CEIVED AND FILED 'l'~ SOUTHOLD TOWN CLERK DATE///~/~ ~ HOUR iD.'D.$1~..'. Town Clerk, Town of St~thold At a Meeting of the Zoning Board of Appeals held on October 21, 1982 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for The public hearing on this appeal application was held on October 21, 1982. Upon application of ALEXANDER GASTON by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage shed in the sideyard area. Location: Minor Subdivision of Sturges, Map No. 144, Subd. Lots 1 and 2; Private Road, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-13.1 and 14.1. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a 12' by 12' accessory storage shed for the purposes of storing garden implements in the sideyard area as shown on the April 20, 1982 plan prepared by Chand- ler, Palmer & King. The premises in question has an area of 5.14 acres, more or less slightly and is located in the A-Residential and Agricultural District. Existing on the premises is a large dwelling with its face towards Block Island Sound. The board agrees that the relief as re- quested will be in conformity with the area. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, 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. Doyen, seconded by Messrs. Grigonis and Douglass, it was RESOLVED, that Appeal No. 3047, application for ALEXANDER GASTON for an accessory storage building in the sideyard area, be and hereby IS APPROVED AS APPLIED FOR. Location of Property: Minor Subdivision of "Sturges," Lots 1 and 2; County Tax Map Parcels No. 1000-10-6-13.1 and 14.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. DATED: November 6, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONIN3~ BOARD 0r APPsALS / APPEALS BOARD MEMBERS GERARD P. GOENRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAt,¥!CK) $outhold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a 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 Thursday, October 21, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for MARTIN AND ALMA SUTER by Garrett A. Strang, Box 1412, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Right-of-way off the south side of New Suffolk Avenue, Mattituck; bounded north, east and west by H. Alvin Smith & Co. and south by the Bay; County Tax Map Parcel No. 1000-115-17-18. ~'~7:35 p.m. Application for ALEXANDER GASTON by Rudolph H. Bruer,--~ Esq., Main Road, Southold, NY for a Variance to the Zoning 0rdinance%/ Article III, Section 100-32 for permission to construct accessory storage shed in the sideyard area. Location: M~nor Subdivision of ~ Sturges, Map No. 144, Subd. Lots 1 and 2; Private Road, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-13.1 and 14.1. 7:40 p.m. Application of RALPH L. AND JANE M. ARMBRUST, 840 Manor Hill Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct additional stable(s) and to add additional horses on this four-acre parcel. Location: 840 Manor Hill Lane, Cutchogue; bounded northwest by Schwarz; west by Cross Right-of-way; south by Sheehan; northeast by Cross; more particularly known as County Tax Map Parcel No. 1000-108-3-13.11. 7:45 p.m. Application for MICHAEL AND ANNETTE COLLINS by William J. Jacobs, Builder, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct deck addition to dwelling reducing the rearyard setback. Location: 515 Orchard Street, New Suffolk, NY; bounded north by Urbanowski; west by Cusumano; south by Orchard Street; east by Tuthill; County Tax Map Parcel No. 1000-117-5-33. 7:50 p.m. Application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre, NY 11570 for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Ford's Road (Private Road No. 9), Southold, NY; subject parcel bounded on the nort~ east and south by Lavinia; southwest by Wittmer; west by Leoa] Notice - P~e 2 Southold Town Board of Appeals Public Hearings for October 21, 1982 Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. 1000-87-1-13. 7:55 p.m. Application for ANDREW PAFITIS by Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 1800 Gillette Drive East, East Marion, NY; bounded north by Manor Grove Corp.; west by J & M Reuter; south by Ruggiero; east by Gillette Drive East; No. 1000-38-3-22. 8:00 as agent, County Tax Map Parcel p.m. Application for GUS KYRKOSTAS by William B. Smith Mechanic Street, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location Right-of-Way off the north side of Main Road, Orient, NY; subject parcel being bounded on the north by the Bay; west by Wilsberg; south by Reese; east by Demarest; County Tax Map Parcel No. 1000- 13-2-4. 8:05 p.m. Application for NICHOLAS W. IPPOLITO by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct addition with reduced rearyard setback at 235 Carol Road, Southold, NY; bounded north by Stachtiaris; west by VIP Inns; south by Hass; east by Arshamomaque Pond; County Tax Map Parcel No. 1000-52-2-7. 8:10 p.m. Application of BRIGITTE GIBBONS, 3475 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard area at 3475 Ole Jule Lane, Mattituck, NY; bounded north by Ole Jule Lane; east by Wilsberg; 122-5-20. Schiller; west by Battersby; south County Tax Map Parcel No. 1000- 8:15 p.m. Application for NORTH FORK BANK & TRUST COMPANY by Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Legal Notice - Page 3 Southold Town Board of Appeals Public Hearings for October 21, 1982 Variance to the Zoning Ordinance, Bulk Schedule, Article VII, Sec- tion 100-71 for permission to construct drive-in banking facility with canopy extending into the ~frontyard area at the Mattituck Shopping Center, North Side of Route 25, Mattituck, NY; bounded north by Bethany Cemetery Assoc.; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by New Bethany Cemetery; County Tax Map Parcel No. 1000-142-1-26. 8:25 p.m. Application for MR. AND MRS. DONALD SHAW by .. Environment East Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location: Rights-of-Way located off the east side of Jackson's Landing Road (referred to as Miller's, Young's and Wick's Rights-of-Way), Mattituck, NY; subject parcel known as 1080 Private Road #15 [Wick's Road]; bounded on the north by Manos; east by Manos, R-O-W, and Roundtree; south by Howard's Branch of Mattituck Creek; east by Schipani, Davis and McCarthy; and Rohren; County Tax Map Parcel No. 1000-113-6-15. Any persons desiring to be heard on any of the above applica- tions should appear at the time and place indicated. Dated: October 9, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary x FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ......... /..~. /~' 19 .~. · .'~. File No ................................ .. ~. ~~./..~4...~m'.. PLEASE TAKE NOTICE that your application Sated ................ ,J~..~. ~. ~., 19 ~.~.-- for pe~it to construct..(~. ~ {X.. ~*~..~~. ~ .... ~ .......... at Location of Property .............................. ._ ......~ ~ ............ , ....j.,.: .'/. Hou~ No. b' treot ~amtet County Tax Map No. 1000 Section ....... (.~ .... Block ...... ~ ...... ~t .t%.l. ~. (~t [ Subdivision .~. . No ................. Lot No ..... is returned herewith and disapproved on the follow~g ~ds ..... ~(4j~.. ~~.. .~.~.~...~ .... ~..ff~g(~?zee.r.).&) ................ Building Inspector flV 1/8o CU~INGS ~c LOCKWOOD ATTOI~NEYS AT LAW GREI~N~ICH, CT 0(~830 July 2, 1982 Mr. George Fisher Building Inspector Town of Southold Southold, New York 11971-0728 Re: Alexander Gaston - Fishers Island Dear Mr. Fisher: This office represents Mr. Alexander Gaston who owns property on Fishers Island. Mr. Gaston desires to construct a 12 ft. x 12 ft. shed for the storage of garden tools and implements to be located as shown on the attached survey dated April 20, 1982 and prepared by Chandler, Palmer & King. Please advise as to whether it will be permissible to construct the shed at the location indicated. Please do not hesitate to contact me if you have any questions. CKC:jj Encl. Sincerely, Charles K. Campbe11,~-3r; cc: Alexander Gaston RECEIVED TOWN OF SOUTHOLD, NEW YORK 0CT 0 8 195 APPEAL PROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~ DATE ' ' ~t'/ 3'/82 TO {IdE ZC, I',HP, IG BOARD OF APpEA, LS, TOWN OF SOUTHOLD, N Y. I, (We~ .&L~.~/~F.~'._~5..s..T_°_.N. ......................... of ...~/.9.,..E..c]..a.9..n....&,...,B.~He...r./,....E.~..qL.~.,-. .............. Name of Appellant St.r~' and Number .M; .L~.. ,R..~.~.L._D....,0..C...~--,-,, '~ 04? .................. uthold, . ...... .... ..N.....~.t .............. HEREBY APPEAL TO Mum.,~utity St~'e . THE ZONING BOARD OF APPEALS FROM THE DECISION OF TNE BUILDING INSPEdTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .J.,.u,.1.~..,.,1..5..¢....1...9..8..,2. ................ WHEREBY THE BUILDING INSPECT'2 DENIED TO ALEXANDER GASTON Nome of Applicant for permit of ...... . .q .~..°.....C...u_ .n~...~ .n..g..s....~....L. ~..q~..WQ.o..~ t.... ~....~7.~.§ ~.~...~.~.~ ~.~ ~..~ ~.~ B.~&.~h, Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT Ct. I LOCATION OF THE PROPERTY ..~.~Y~.~...5~x.¢...~...~.t.!.~.~t......i~A~..~.~:/~gri. Minor Sub. of Sturges Street Use District on Zoning Map Map ~144 1 a 2 Map No Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Im:licate the Article ~ction, Sub- section and Paragraph of the Zoning Ordinance by number. Do r~ot quote the Ordinance.) Article III, Section 100-32 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 (IJ~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made ,n Appeal No ................................. Dated ...................................................................... ( ) (X) ( REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested tar the reason that Appellant desires to construct a 12' X 12' accessory building (shed) in side yard area of his property, as shown on survey submitted herewith. FOrTh ZBI (Continue on other side) REASON FOR APPEAL Continued I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnec~s- ~,ary HARD£HiP because to ldc~te the proposed building in that area of the subject proper~y which the zoning ordinance defines as the "rcar yard", would actually F!ace it in wh~t is visually and aesthetically tMe front yard of the property. The subject property consists of 5.14 acres, more than ample area to contusion th~ 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate v,c~n,~ofthis property and in this use district because the subject property is located directly on Block Island Sound. The existing dwelling thereon is situated so that it faces Block Island Sound, rather than the road, in order to take full advantage'of the Water. view. Aesthetically, and for all practical purposes, the f~ont yard of the premises is on the water side of the dwelling and the rear yard is on the road. 3 The Vor,ance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE c~l IAPACTER OF THE DISTRICT because the placement of the existin~ dwelling visually demands that the Northwesterly portion of the property (as shown on survey submitted herewith) be considered its rear yard, and the granting of a variance to construct an accessory building in the "visual rear yard" will maintain, and be in conformity with, the character of the neighborhood. ) SS ...... this (3C~c~ aHn r, ttor ey for ..................................... day of ;L~lllI]ll~lllllt..~ 19 82 /_,,~ot a r y Public MARY DIANA FOSTER NOTARY PUBLIC. St~te at New No. 52-4655242, SuN~lk Canary Commi.~on I~D~# Mireb COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LE:E E. KOPP£LMAN Town of Southold Board of Appeals July 8, 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 A. Bodenstein & Wife Augustine J. Gillen Charles & Beatrice Ward Alexander Gaston Douglas E. Murphy Cathy Wilinski 3019 3032 3039 3047 3058 3064 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning .! Gerald G. Newman Chief Planner 11788 bo°. Southold Town Board of Appeals MAIN I~OAD- STATE I~OAD 25 SOUTHOLD, 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: Variance from the Zoning Code, Article III , Section 100-32 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No.: 3047 Applicant: ALEXANDER GASTON Location of Affected Land: Private Road, Fishers Island County Tax Map Item No.: 1000-10-6-13 Within 500 feet of: __ Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. was Qranted COMMENTS: Applicant~sX~~permission to construct accessory storage shed in the sideyard area. Copies of Town file and related documents enclosed herewith for your review. ard of Appeals APPEALS ROARD MEMRFRS 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 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 November 10, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3047 - Alexander Gaston 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 Rudu£ph Ho Bruer q ~uth~3, N. Y. 11971 NE~] ¥OP.K TE PEPARTUE,~I' OF ENV~ROI~ENTA ~. 40, 3~Y--~om ~19 8~n~ ~o1~, ~V 11794 (516) 751-7900 September 8.~1982 R~ Letter of Inquiry dated August 26, D~z~ S~r: ^ ~eu~e~ ha~ bee~ mcc~e o~ ~oua p~opo~aZ construct ~ ~2 L.~. by ~2 L.F. 198~ for A. G~sto~ Lor. a.~o,; ,m 1.1~ ?,.~..,~,'ux. 1000 L.F.e.~se of East End Rd.(Orlental Av~)between land~, n.o.f. Btu5 on sou~h ~nd Flsherls Corp. ~ north, J, ishe~'s lsd,nd, Town of Southold, Suff.~ ~o., ~.Y. . p~c~ x ~Je~ ~ be landward of toP0craphic~l __ cre S~.of ~!uff l~x~es~ of 10 ft. in el~w-~tlon:*~bove se~ level Southold Town Board of Appeals ~AIN RE]AD- ~TATE RI'lAD 25 S~UTHI3LD, L.I., N.Y. 11~J71 TELEPHONE (516) 766-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR S . E . Q . R.A. October SERGE DOYEN, JR ROBERT J, DOUGLASS NEGATIVE DECLARATION JOSEPHH. SAWlCKI Notice of Determination of Non-Significance 9, 1982 APPEAL NO.: 3047 PROJECT NAME: Variance Application for Alexander Gaston This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. the TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: sideyard area. To construct accessory storage shed in LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Subdivision Lots 1 and 2 of "Minor Subdivi- sion Entitled, 'Sturges', Map No. 144" at Private Road, Fishers Island, CTM #1000-10-6-13.1 and 14.1. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. LEGAL NOTICE 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 Thursday, October 21, Legal Notices 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Applicstion for MARTIN AND ALMA SUTER by Garrett A. Strang, Box 1412, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Right-of-way off the south side of New Suffolk Avenue, Mattituck; bounded north, east and west by H. Alvin Smith & Co. and south by the Bay; County Tax Map ~'f:35 p.m. AppTtcatfd~-forTM ALEXANDER GASTON by Rudolph H. Bruer, Esq., Main I Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- in the sideyard area. Loca- tion: Minor Subdivision of Sturges, Map No. 144, Subd. Lots 1 and 2; Private Road, Fishers Island, NY; County Tax Map Parcel No. -J~;::O~d~!~. Application of ARMBRUST, 340 Manor Hill Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission lo construct additional stable(s) and to add additional horses on this four-acre parcel. Location: 040 Manor Hill COUNTY OF SUFFOLK, Lane, Cutchogue; bounded northwest by Schwarz; west by Cross Right-of-way; south by Sheehan; northeast by Cross; more particularly known as County Tax Map Parcel No. 1000-108-3-13.11. 7:45 p.m. Application for MICHAEL AND ANNETTE COLLINS by Willliam J. Jacobs, Builder, Depot Lane, Cutcbegue, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct deck addition to dwelling reducing the rearyar~l setback. Location: 515 Orchard Street, New Suffolk, NY; bounded north by Urbanowski; west by Cusumano; south by Orchard Street; east by Tuthill; County Tax Map Parcel No. 1000-117- 5-33. 7:50 p.m. Application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre, NY 11570 for a Variance for approval of access pursuant to New York Town Law, Section 200-a. Location: Ford's Road (Private Road No. 9), Southold, NY; subject parcel bounded on the north, east and south by Lavinia; southwest by Wittmer; west by Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. 1000-87-1-13. 7:55 p.m. Application for ANDREW PAFITI~ Dy Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 1000 Gillette Drive East, East Marion, NY; bounded north by Manor Grove Corp.; west by J & M Reuter; south by Ruggiero; east by Gillette Drive East; County Tax Map Parcel No. 1000-38-3-22. 8:00 p.m. Application for GUS KYRKOSTAS by William B. Smith as agent, Mechanic Street, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 200-a. Location Right-of-Way off the north side of Main Road, Orient, NY; subject parcel being bounded on the north by the Bay; west by Wilsberg; south by Reese; east by Demarest; County Tax Map Parcel No. 1000-13-24. 8:05 p.m. Applicat:.on for NICHOLAS W. IPPOLITO by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct addition with reduced rearyard setback at 235 Carol Road, Southold, NY; bounded north by Stachtiaris; west by VIP Inns; south by Hass; east by Arshamomaque Pond; County Tax Map Parcel No. 100~52-2-7. 3:10 p.m. Application of BRIGITTE GIBBONS, 3475 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard area at 3475 Ole Jule Lane, Mattituck, NY; bounded north by Schiller; west by BaRersby; south Ole Jule Lane; east by Wilsberg; County Tax Map Parcel No. ] 000-122-5-20. 8:15 p.m. Application for NORTH FORK BANK & TRUST COMPANY by Wick- ham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article VII, Section 100-71 for permission to construct drive-in banking facility with canopy extending into the frontyard area at the Mattituck Shopping Center, North Side of Route 25, Mattituck, NY; bounded north by Bethany Cemetery Assoc ; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by New Bethany _Cemetery; County Tax Map Parcel No. 1000-142- 1-26. 8:25 p.m. Application for MR. AND MRS. DONAI,D SHAW by Environment East Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location: Rights-of-Way located off the east side of Jackson's Landing Road (referred to as Miller's, Young's and Wick's Rights-of- Way), Mattituck, NY; subject parcel known as 1080 Private Road #15 [Wick's Road]; bounded on the north by Manos; east by Manos, R-O- W, and Roundtree; south by Howard's Branch of Mattituck Creek; east by Schipani, Davis and McCarthy; and Rohren; County Tax Map Parcel No. 1000-ii~;-6-15. Any persons desiring to be heard on ,~ny of the above applications should appear at the time and place indicated. Dated: October 9, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary 1TO14-4075 ~ ~ NOTICE IS Hb~REBY GIV. EN, pursuant to Section 267 of the Town Law and the Provi. siGns 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 Thursday, October 21, 1982 COmmencing at 7:30 p.m. and as follows: 7:30 p.m. Application for MARTIN AND ALMA SUTER by Garrett A. Strand, Box 1412, Southold, N.Y. for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Right-of-way offthe south side of New Suffolk Avenue. Matti. tuck; bounded north, east and west by H. Alvin Smith & Co. and south by the Bay; County Tax Map Parcel No. I000-115- 17-18. 7:35 p.m. Application for~ ALEXANDER GASTON by Rudolph H. Bluer, Esq., Main Road, Southold, N.Y. for a Variance to the Zoning Ordin. ance, Article Ill, Section 100. 32 for permission to construct accessory storage shed in the sideyard area. Location: Minor Subdivision of Sturges, Map No. 144, Subd. Lots I and 2; Private Road, Fishers Island, County Ta~ Map Parcel No. 1000-87.1.13. 7:55 p.m. Application for ANDREW PAFITI$ by Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, N.Y. for a Variance to the Zoning Ordinance, B u I k Schedule, Article Ill, Section 100-31 for permission to con.- struct one-family dwelling with an insufficient rearyard setba~ at 1800 Gillette Drive East, East Marion, N.Y.; bounded north by Manor Grove Carp,; west by J&M Reuter; south by Ruggiero; east by Gillette ])five ~e. ast; County Tax Map Parcel No. 1000-38.3.22. 8:00 p.m. Application for GUS KYRKOSTAS by William B. Smith as agent. Mechanic Street, Southold, N.Y. for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location Right-of-Way off the north side of Main Road, Orient, N.Y.; subject parcel being bounded on the north by the Bay; west by Wilsberg; south by Reese; east by Demarest: County Tax Map Parcel No. 1000-13-2.4. 8:05 p.m. Application for NICHOLAS W. IPPOLITO by Gary Flannel Olsen, Esq., Main Road, Martituck, N.Y. for a Variance to the Zoning Ordinance, Bulk Schedule. Ar- ticle 111, Section 100-31 for permission to COnstruct addi- 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 Zroveler-Watch- m~n once each week for ..................... ./.. ................ weeks successiveJy, commencing on the ............ ../..(....z~'. ............. Sworn to before me this ................................ day of ........ .................. , tion with reduced rearyard setback at 235 Carol Road. Southold, N.Y.; bounded north by Stachtiaris; west by VIP Inns; south by Haas; east by Arshamomaque Pond; County Tax Map Parcel No. 1000-52. ', ~ 2-7. 8.10 p.m. Apphcat~on of ~ BRIGITTE GIBBONS 3475 ~]e.J.ule Lane, Ma~ltuck N.Y Copies of Legal Notice for 10/21/82 to the following on or about 10/13/82: Mr. and Mrs. Martin Surer Mr. Garrett A. Strang as agent Rudolph H. Bruer, Esq. for Alexander Gaston Mr. and Mrs. Ralph L. Armbrust Mr. William J. Jacobs, Builder for Michael and Annette Collins Joseph D. Burrano, Esq. Mr. Robert Hiltz, Pres., Inland Homes, Mr. William B. Smith as agent for Gus Gary Flanner Olsen, Esq. as attorney for N. Mrs. Brigitte Gibbons Wickham, Wickham & Bressler for NFBTC Mr. Garrett A. Strang for NFBTC Mr. Peter Stoutenburgh as contractor for Mr. Mr. and Mrs. Charles Ward Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Supervisor and Town Board members ZBA Members Individual ZBA files Inc., for Andrew Pafitis Kyrkostas Ippolito and Mrs. Donald Shaw RECEIVED TOWN OF SOUTHOLD, NEW YORK tOOTi 0 APPEAL PROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ..A....L~...~.O.~.~..,gA..S.?.-O.~ ......................... of ....c..,/..°....E-c]..s.9,.n....a....~.~,u.A~,.:...~..s..cL.s.... ............... Name of Appellant Street and Number ..M...a.~:.n....R..o..a..d..:.....P.....O.........B..o.x....1...0..4..7.:.....S..o...u_t.~.~f ............ ..N.:.~.,. .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ~..q.~..y.....1..5./....]:.9.8...2. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ALEXANDER GASTON Nome of Applicant for permit of ...... ~./...~.~.C..u.".n~...~.n.~g~.s.~.&.~L..~c...k..w..~.9~.d.~.G..~9.~W~~.~h~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT Ct. 1. LOCATION OF THE PROPERTY ..~.~.~3~.~a.~e..~.~.~:~.~.s~e...~s.~s~:~:~.~'~'~'~A'~'~'~.~/.~gr~ Minor Sub. of Sturges Street Use District on Zoning Map Map ~144 1 & 2 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.) Article 'rTz, Section 100-32 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 (1~3~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat Appellant desires to construct a 12' X 12' accessory building (shed) in side yard area of his property, as shown on survey submitted herewith. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPbecause to locate the proposed building in that area of the subject property which the zoning ordinance defines as the "rear yard", would actually place it in what is visually and aesthetically the front yard of the property. The subject property consists of 5.14 acres, more than ample area to cont~i~ the proposed accessory building. 2. The hardshipcreated is UNIQUE and isnotshared by all properties alike in the immediate vicinity ofthisproperty and inthis use district because the subject property is located direct%y on Block Island Sound. The existing dwelling thereon is situated so that it faces Block Island Sound, rather than the road, in order to take full advantage of the water view. Aesthetically, and for all practical purposes, the front yard of the premises is on the water side of the dwelling and the rear yard is on the road. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the placement of the existing dwelling visually demands that the Northwesterly portion of the property (as shown on survey submitted herewith) be considered its rear yard, and the granting of a variance to construct an accessory building in the "visual rear yard" will maintain, and be in conformity with, the character of the neighborhood. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ~dol~ H. Bruer, Attorney for Appellant Sworn tn this ~ ~ day of .............. t~..~ 19 82 ~'q ot o r y Public MARY DIANA FOSTER NOTARY PUBLIC, State of New York No. 52-4655242 Suffolk County ,~ Comm esion r-aim Margh 30, ]9 6S~ 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 October 8, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3047 application of Alexander Gaston or 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. Southold Town Clerk JTT/bn Enclosures 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. Tha, i.hS.ij~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ariance~(Special Exception) (Special Permit) (Other) [¢±r¢le oho±ce] 2. Thattheproperty whichisthesubjectofthePetitionJslocatedadjacenttoyourpropertyandisdes- cribed ~ follows: North by: Private Road and land of Fishers Island D~elo~ment CorD.: East by: Block Island Sound: South by: land of Blua: and West # Private Road, on Fishers Island, New York 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "A"-Residential/A~ricultural 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: a variance to the Zoning Ordinance allowing the construction of a 12' X 12' shed for the storage of garden implements in the side yard area of his property. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-32 6. That within five days from the date hereof, a written Petitio_n requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in 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 ri ghttoap~eheardatsuchhearing.Dated: ~ ~ 1982 ~/~~/~/L~__ L~"//p~'ti'~'i~nerRU{.~olph"I'I. Bruer, At.to.rney for / ~' .... Petitioner Post Office Address Main Road, P.O. Box 1047 Southold, N.Y. 11971 (516) 765-1222 NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESs Fishers Island Development Corp. c/o Fishers Island Utility Co. Drawer E Fishers Island, N.Y. 06390 Elizabeth F. Blua 8 East 83rd Street Apt. 5D New York, New York 10028 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary Diana Foster , residing at (No 9) McCann Lane Greenport, New York , being duly sworn, deposes and says that on the (:?,c~_ 'day of ~ CZ~ ,19 82 , deponent mailed a true copy of the Notice set forth on'the re- ' verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown On the current assessment roll of the Town of Southold; that said Nofices~T:e_r.e mailed at the United States Post Of- `rice at Southo!d, New York ; that said No.t~ai-~e mailed to each of said persons by tcertified) ~ll~llxl~)mail. //,~.~ Sworn/t6~efore me~t h is mO~;/- day/6'f~ ~m~~, ~ 82 /.,~otary Public RUDOLPH H. BRUER Nata~y Public, State of New Yor~ No. 52-0465530 Oualified in Suffolk Cour~W Commission Expires March 30, ~ ~ SiiORT E~VI,,O ....... I~L ASSESSHEHI -- '-(o) Jn ardor to answer the questions in this short EAF £t is assumed that the preparer will use currently av611able information 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 signi£icont and o completed Environmental Assessment Form is necessary. (c) If all questions hove been onsv~ered Iqo it is likely that %}]is project is not slgnificont.' ' (d) Environmentol Assessment ~'""' ": I. %'Ji±l project result in o large physical chonDe · · . '' to the project site ~r physically alter more than 10 acres of land? ........................ Yes 2. ¥;ill there'be a major chon~e to any unique or · unusual land form found on the site? .......... Yes X 3. Y/ill project alter or have a large effect'on existing body Of water9 Ye~ 4. Y/ill prooect hove a potentially large impact , .. an groundwater quality? ........................ Yes 5. ¥Iil! prooect $igni£icantly .effec.i_dr°~noge.-. r~:. - flow. on adjacent sites? ' Yes'~' No ~. YJill pro~ect a~ect anx threatened o~ endangered p~ont or on~mol species? ........... Yes X No 7. ¥lill pTa]eat result ~n'a ma~oz adverse e~t '" -'] air quality? : ' Yes ~ No' g. ¥/ill pro3ect hove o major effect on visual chorocler of the communily or scenic ¥iews or vistas ~nown to:be important to the community?. 9. %'/ill project o'dverse!>' impact any site or . structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental area lO. ¥7itl project have o major effect on existih9 or fo%ute recreational opportunities?.' ....... Yes 11. Y/ill project result in .major traffic problems ' oK cause o major effect to ex.istin9 transportation systems? ....................... Yes 12. ¥,~ill project .regularly cause objectionable odo~s, noise,' 91ore, vibration, or electrical . disturbance os o result of the project's-~ ' ' opera,ion? ~ Yes K No 13. ¥!ill project have an)' impact on public health .... or.safety? .................................... Yes girectly cousin9 o growth in permanent population of marc than 5 perccgt over a omo year perio~ or have a major negolive effect on ~he character o~ the community or neighborhood? ................................. Yes 15. Is there public con[roversy conccrnin9 the project?~ ................. ~ ...... .........% Yes. PREPARER'S SIGhATUR REPRESEI~T'! ~ f ' ' RG Agg ~ GAS~O DATE /~/ g/82 /,~ ~./.o/82 (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ALEXANDER GASTON Location of Property: .Private Road, Fisher's Surf, Co. Tax Map: 1000 - 10 - 6 - 14.1 & 13.1 Island, N.Y. 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) [ ] ~ay be located within 300 feet of tidal wetiands; hot,ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least t00 feet in length.* [ ] May b~e '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. Ix] 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.] y yours, /~.l~a~[ Bruer, Attorney rom **Attached hereto is a copy o~'our 8/26/82 letter to the D.E.C. requesting a determination in this matter,f~lland D.E.C.D,E,c,reply jurisdiction. '. .. ~.~.-9/8~82 stating that th~S matter does not within of I August 26, 1982 N.Y.S. D]~c R~gion 1~ ....... Isui IdLn~j 40 - Room 219 ~;{Ji>~Y a~ Stony Brook Slony bcook, New York 11790 Regional Permit AdministCator 1{~: Pl'opc~:ty o~ Alexander GalL:on Will you kindly advise thks ol:L"ic,~' whether or not the p~u[,,~,~:d bu/ldtnq (1.2 X 12 sh~d) shown on the enclosed copy o£ burw~.y wlll. ~equire a DEC permit for construe- Lion. Thank you fo~ your considei-at:~on in this matter. t(udolph It. LC[ 113/( ] l 5.6 5,8 ; 8.2A(c) 5,5 4. 1,21 2.9A 83A 1,25 4.0A 25Z' 1,7 6.2A 6. ?A{c) 17A $ 1.7A(c)