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HomeMy WebLinkAbout3050950 Paradise Shores Rd. Southold ~ 11/18/82 approval of access over a pvt. R.O.W. 80-1-27 Southold Town Board o£Appeals IViAIN RI'lAD - -~TATE RrlAD 25 ¢~I3UTHI3LD, L.I., N.Y. 11971 ACTION OF THE ZONING BOARD OF Al Appeal No. 3050 Application Dated October 18, TO: Mr. Robert W. Gillispie, Mr. Howard Hamre North Roa~, Box 1112 Southold, NY 11~71 1982 III as agent for TFI FPHONE (516) 765-1809 k, ld At a Meeting of the Zoning Board of Appeals held on November 18~ 1982 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 , Section [ ] Request for The public hearing on this application was held on November 18, 1982,~ at which time the hearing was declared closed pending a determination. Upon application for HOWARD HAMRE and wife, by Robert W. Gillispie III as agent, North Road, Box 1112, Southold, NY for a Variance for approval of access, New York Town Law, Section 280-a, over a private right-of-way known as "Paradise Shores Road," Southold. Location of Parcel in Question: 950 Paradise Shores Road Southold; County Tax Map Parcel No. 1000-080-01-027. ' The board made the following findings and determination: By this application, appellant seeks approval of access over a private right-of-way located off the north side of North Bayview Road extending northerly 2,888.05 feet and having a width of 20 feet. After investigation and inspection, the board finds that this right-of-way is the only legal access to the parcels adjoining same, which parcels were subdivided prior to the enactment of zoning. Also, the board has found upon inspection that the right-of-way is in very good condition, suit- able for all emergency vehicles. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining proDerties will be created; that thedifficulty cannot beobviatedbya method f~asi~le to appel- lant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; 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. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that access over "Paradise Shores Road" as shown on the May 24, 1940 survey by Otto W. VanTuyl, be and hereby is APPROVED AS APPLIED for the entire length (2888.05 feet). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. DATED: December 6, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD Southold Town Board of'Appeals MAIN I~I'IAD- STATE Rr'IAD 25 5OUTHOLD, L.I., N.Y. llg?l TELEPHONE t516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHArRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 a Town Hall, Main Road, Southold, NY on Thursday, November 18~ 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of AGNES D. McGUNNIGLE, 52A North Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section t00-30A(1) for permission to create additional living unit within one-family residence located in an "A" Zone and mqre parti- cularly identified as 57185 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-2. 7:35 p.m. Application for HOWAR______qD HAMR_____~E & wife, by Rober~t W_~.~ Gillispie III as agent, North Road, Box 1112, Southold, NY for a / IVariance for approval of access, New York Town Law, Section.280-a%~% over a private right-of-way known as "Paradise Shores Road, ~ Southold. Location of Parcel in Question: 950 Paradise Shore % LRoad,Southold; Tax Parcel No. County Map 1000-080-01-027. 7:40 p.m. Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at 2585 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-17. 7:40 p.m. Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at 2705 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-18. 7:50 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70B(4) and 100-71 for permission to construct addition to the existing gas/service station with reduction in frontyard area in Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Meeting to be held November 18, 1982 this B-1 Zoned District. S.R. 25 and Eugene Road, No. 1000-097-02-015. Location of Subject Parcel: Corner of Cutchogue, NY; County Tax Map Parcel 7:55 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Sections 100-~0B(4) an~100-7t, f~r per~ssion~t~-construc~ addition to the existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02-015. 8:00 p.m. Application for ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY (by A.W. Wickham, Esq.) for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31, for approval of the existing pool and deck containing lot coverage in excess of the maximum-permitted 20%. Location of Subject Parcel: 1445 Bayshore Road, Greenport, NY; Subdivision Lots 22, 23 and part of 21 as shown on "Amended Map A of Peconic Bay Estates"; County Tax Map Parcel No. 1000-053-04-004. 8:10 p.m. Application of LEANDER B. GLOVER, JR., Cox's Lane, Cutchogue, NY (by R.F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to set off property leaving a parcel with insufficient area and width in this C-1 Zoned District. Location of Property: Cox's Lane, Cutchogue, NY; County Tax Map Parcels No. 1000-083-03-004 & 004.001. 8:15 p.m. Application of A. BODENSTEIN & wife, by Garrett A. Strang as agent, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct retail store with insufficient sideyard areas on this substandard parcel located in this B-1 Zoned District. Location of Subject Parcel: 31855 S.R. 25, Cutchogue, NY; County Tax Map Parcel No. 1000-97-5-10. 8:20 p.m. Application for EAST END SUPPLY CO., INC. by Irving L. Price, Jr., Esq. as agent, 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for permission to construct warehouse in this "C-Light Industrial" Zoned District with insufficient front, rear and side yards as shown on building plans accompanying the appeal applica- tion. Location of Property: South side of Corwin Street, Greenport, NY; County Tax Map Parcels No. 1000-48-2-2 & 3. Dated: October 30, 1982. BY ORDER OF THE SOUTHOLD TOW~N BOARD OF APPEALS Gerard P. Goehringer Chairman By Linda F. Kowalski, Secretary Page 2 - List of Mailings Legal Notice for November 18, 1982 Southold Town Board of Appeals Copies to the following on or about Monday, November 1, 1982: Mrs. Agnes D. McGunnigle Peter Costigan, Esq. for Mrs. McGunnigle, 105 Main St, Port Jf Sta 11776 r~be~ W. Gil~ispi~, l±I ~s agent for Howard Hamre and wi~ rs. Margery D. Burns Re: Howard HamreeT~ Mr. Jerome Reuter, J & M Const. Corp., 9075 Main Bayview Rd, Sld. Mr. Allen Ovsianik, Main Road, Box 485, Cutchogue, NY 11935 Mr. Lance Larsen, North Road, Southold, NY 11971 Mrs. Annette Golden Carnes, 1445 Bayshore Road, Greenport, NY 11944 Abigail Ao Wickham, Esq. as attorney for Mrs. Carnes Mr. Leander B. Glover, Jr., Cox's Lane, Cutchogue, NY Richard F. Lark, Esq. as attorney Mr. Garrett A. Strang as agent for A. Bodenstein and wife Box 1412, Southold, NY Mr. Walter H. Burden, Jr., Front St., Greenport, NY (East End Supply) Irving L. Price, Jr., Esq., 828 Front St., Greenport, NY 11944 Mr. Victor Lessard (Building Department) Town Clerk Bulletin Board Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal delivery) ZBA board members ZBA individual files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated. .k;_~'..~. Z.c ..... ~' ........ ., 19°°~ ..... for permit to construct .... .I~,T~.*,,.. ~:'~'7,~.~?'.~7'....~. ,~ ././'..~ .~7¢ ................ at Location of Property h~'~o:o~(~. .... .~.~..~77.. ~(.-e..~..,~tn~ .~.*.....~. · ? ...... ,~an~t~c{t//6k~' County Tax Map No. 1000 Section ..__o_,..~..~-~. · ..... Block ...O.~ ....... Lot ....C~.6~.7 .... Subdivision ' Filed Map No. - Lot No .................. / is returned herewith and disapproved on the following grounds ~'~..~'~. ~. ~.. · .~. · ........ ....7. ~..¢... ~..~...(°d'. ......................................................... Building Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................ , 19... Approved ................ , 19... Permit No ............ Disapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, bcildjng co'lc, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary j.sp~tions. _, /;~. · , __ (Signature of ap~_ ~c~_/t~c~n~a/ne_,_if ~a corporation) , t (kMail}nlg address of applicant) ,,~ State wnemer applicant, is owner, lessee, agent, architect, engineer, general contrac~r, electrician, plomt/er or builder. .... 7 a- ..... Sameofownerofpremises ...~...~...~-...~....~--{..~.../~...r~.....~. ~D'..~... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. ~...~....~~. rr Plumber's License No ......................... (, Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done. House Number Street Hamlet County Tax Map No. 1000 Section /57°~{~) Block O/ Lot. ~5:~'t7' Subdivision /t~0/lr~--'~ Filed Map No. Lot (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy S/'~. ~ . .g~... 3. Nature of work (check which ap ble): New Budding .......... Add .......... Alteration ' ' Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost . ~O~ (,20~:~ Fee ...................................... (to be paid on Fding this application) / 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars .... ~ ............................................................ 6. If business, commercial or mixed occupancy, specify nature and extent ofeach type ofuse ..'~-~.. ................. 7. Dimensions of existing structures, if any: Front ............... Rear ....'7~7.. ........ Depth ~ ............ Height . ~ ........... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front . .-:~.. ............. Rear ..7'7. ............... Depth. ~ .................. Height ...--~-. .................. Number of Stories..'..'~. ................. 8. Dimensions of entire new construction: Front .....-~.....~.... Rear .... ~O ....... Depth .. ~...~' ......... Height ............... Number of Stories . . .f .................................................... 9. Size of lot: Front ..... /..O.~>. ............ Rear .... /.~.~. ............. Depth . ./..~..~. ............... I0. Date of Purchase ............................. Name of Former Owner ............................. 11. Zone or use district in which premises are situated...~. .............................................. 12. Does proposed construc[ioja violate any zoning law, ordinance or regulation: ..../?.O?. .................. i.. i . 13. Will lot be regraded . . .~. ¢.,....... ~,..~.,.,. =~:..~ .,..,Wj~xcess f'fll be removed from premises: ~ No 14. Name of Owner of premises .~.../~4~.,..~..~../57~. .... ~ ~dcf~e~s ...~..~.~.t~..~_~...r~...-~.. Phone No...~..~..7.~..~..~.~. Name of Architect . ..~....,~'?...~.t~-..~?...r~-..~. ..... Address ................... Phone No ................ Name of Contractor .~. ~t~ ,~t~Z~'c }'~r-i~ Address ... Phone No. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate ail set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, COUNTY OF ................. S.S .... ~..~.T'....~.: .~fi).t..~. ! . ..~. ! .~....'~.. ............ being duly s~v. lar~ deposes and says that he is the applicant (Name of individual signing contract) above named. :te is the (Contractor, agent, corporate officer, etc.) >f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this lpplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ~ork will be performed in the manner set forth in the application Fried therewith. ¢worn to before me this ........................ day of ...................... 19... qotary Public, ~ County /~/~_ ~, .' x., ~ j/ (Signatur~ of applicant) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE.].0[J~/.8~ ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Robert W. OflUapie Ill aa agent for (We) ao.~d..~e..&..~Cte ..................... of ....~.o¢ih.R~u&,..~utJa~d,..~tew..Y<~¢k .... Name of Appellant Street and Number ............... S. OIXtbOJ~ .................................................................... ]~o..~, ........... HEREBY APPEAL TO 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 ( ) ( ) .................. ~ober**t.W....~,.I. ULapia.,lll ................ Name of Applicant for permit of ......... .~..o~.t..h.. ~..~...d. ........................... .~..o.~.t..~. ~..d. .............................. ~.: .T~: ............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY APPROVAL OF ACCESS 1. LOCATION OF THE PROPERTY .JJJ~.0..~.~.~l~.JJ]J~l('.~.l.~.<~ .................. .~ .......................... Street Use District on Zoning Map .... S.~'~'.oU~..C.e,...~I~..~./,.0.0.O.-..0.~.0..-..0.~..-..0~I.~ ...... 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.) Sectton 280A, Sub section 3 3. TYPE OF APPEAL Appeal is made 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/(/3/3t)/(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 ~s requested for the reason that &e~ell to &ppltcmnt*e pro~rty, for w~eh a ~cant ce~ ~ ~cu~cy ~ been ~e~d~; over ~ld~e S~re R~d ~ ~t ~en app~ved by t~ Town of Sout~ld and ~fer of t~ p~y ~e8 le~ Iccess. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the applicant need~ legal access to thl~ vacant parcel and denial of lpproval of access would effectively prevent the pdndin~ sale of the property and cause undue and un~ccessary hardship. 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 It it not ]mown whether this hardship i~ uniqus~. ~[jp~te oFthef.fact that four properties were sold and title transferred since December of 1980 to the present, there h~ beep no requirement for approval of 280A ACcess even though those properties share access over Paradise Shore Road. Other Sl_mlla~ properties in the Immediate vicinity of this property may also share this hardship. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~evapplical~t's I~ope. T. ty and other oropert i~s in the in, mediate vicinity · ~ ~e ~nore ~a tot a~cess ~or many ye~s, and continu~ ~e for the p~poee of access would not clm~ ~he c~acter of the dis~lct, STATE OF NEW YORK ) COUNTY OFc~/~:~) ss Sworn to this ..... ,..:.../....~..,"'" .................. day ~oa I!l~d~ !n ~ulfolk Co~nt¥ of ............... Oetober ......................... 1982. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR S. E. Q. R.A. October 21, SERGE DOYEN, JR ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance 1982 APPEAL NO.: PROJECT NAME: 3050 Howard Hamre and wife 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. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of access over a 20' right-of-way. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 950 Paradise Shores Road, Southold, NY. 1000-080-01-027. 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. (2) This application is not a direct request for new construc- tion, but rather for approval of access over a right-of-way that has been existing for many years, 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. Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD L I,. N.Y. '11971 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBFRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS, JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H, SAWlCKI December 6, 1982 Mr. Robert W. Gillispie, North Road, Box 1112 Southold, NY 11971 III Re: Appeal No. 3050 - Howard Hamre 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 Mrs. Margery Burns GERARD P. GOEHRINGER CHA~IRMAN / ~ ~By'JLinaa F. Kowalski Secretary .... -~ith-~d ~o~%~e--~he general purposes of zoning; and in view of the ~ December 3, 1982 Dear Linda, Re: Hamre Application me the On November 22, you indicated you would forward official approval in the above matter. I would appreciate having it for my file. TO Southold Town Board of Appeals Southold, New York 11971 Robert W. Glllispie lll ~, THE NORTH FORK AGENCY REAL ESTATE Robert W. Gillispie III, Broker Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLESGRIGONIS, JR S.E.Q.R.A. October 21, 1982 SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: PROJECT NAME: 3050 Howard Hamre and wife 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. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of access over a 20' right-of-way. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 950 Paradise Shores Road, Southold, NY. 1000-080-01-027. 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. (2) This application is not a direct request for new construc- tion, but rather for approval of access over a right-of-way that has been existing for many years. 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. NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Mee{ing and the following public hearings will be held by the Southold Town Board of Appeals at a Town Hall, Main Road, Southold, N.Y. on Thursday, November 18, 1982 commencing at 7:30 p.m. and.as fellows: 7:30 p.m. Application of AGNES D. McGUNNIGLE, 52A North Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-30A (1) for permis- sion to create additional living unit within one-family resi- dence located in an "A" Zone and more particularly identi- fied as 57185 C.R. 48, Green- port, N.Y.; County Tax Map Parcel No. 1000-44-2-2. ~HO7:35 p.m. Application for~ WARD HAMRE & wife, by Robert W. Gillispie III as agent, North Road, Box 1112, Southold N.Y. for a Variance tfor-ap~r0val of access, New York Town Law, Section 280-a over a private right-of-way known as "Paradise Shores Road," Southold. Location of Parcel in Question: 950 Para- dise Shore Road, Southold; County Tax Map Parcel No.~ d~00-C~80-01-027. 7:4(~ p.m. Application of J&M ~REUTER CONSTRUC- TION ~ORP., 9075 Main Bay- view Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct new dwelling with insuf- ficient front and rear yard set- backs at 2585 Gillette Drive, East Marion, N.Y.; County Tax Map Parcel No. 1000-38-3- 17. 7:40 p.m. Application of J&M REUTER CONSTRUC- TION CORP., 9075 Main Bay- view Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct new dwelling with insuf- ficient front and rear yard setbacks at 2705 Gillette Drive, East Marion, N.Y.; County Tax Map Parcel No. 1000-38-3-18. 7:50 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, N.Y. for a Variance to the Zoning Ordin- ance, Article VII, Sections 100-70B(4) and 100-71 for per- mission to construct addition to the existing gas/service station with reduction in front- yard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, N.Y.; County Tax Map Parcel No. 1000-097-02-015. 7:55 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, N.Y/for a Special Exception to the Zon- ing Ordinance, Article VII, Sections 100-70Bf(4) and 100- 71 for eermissian to construct COUNTY OF SUFFOLK ss: STATE GF NEW YORK ?atricio Wood, being duly sworn, says that she is the Editor, of THE LONG IS~ND 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 / m:n once each week for ..........................' .............. weeks :uccessively, commencing on the .................................... Sworn to before me this ........... ~. ................. day of .......... ........... , Notary Pul~gc i..sgal Nod ss I..owa as "Parsdtse Shorcs' Road," Soothold. Location of~ ~ LEGAL NOTICE Parcel in Question: 950] [ NOTICE IS HEREBY Paradise Shore Road,~ (]IVEN, pursuant to Section Southold; County Tax Map~ ~7 of ~e Town ~w and ~e Parcel No. 1~14~. Provisions of the Amended 7:~ p.m. Application of Cede of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at a Town Hall, Main Road, Southold, NY on Thursday, November 18, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of AGNES D. McGUNNIGLE, 52A North Read, Seathold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A(1) for permission to create additional living unit within one-family residence located in an "A" Zone and more particularly identified as 57105 C.R. 48, Greenport, NY; County Tax Map Parcel No. 100044-2-2. ~7:35 p.m. Application for'~ HOWARD HAMRE & wife, by Robert W. GIIlispie III as agent, North Read, Box 1112, Sout~old, NY for a Variance for ~lpproval of access, New Yorhl Town Law, Section 2~0~a ove~] a private right-of-way M REUTER CONSTRUC- TION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at 2585 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-17. 7:40 p.m. Application of J & M REUTER CONSTRUC- TION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at 2705 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-~8-3-1B. 7:50 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70B(4) and 100-71 for permission to construct addition to the existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchngue, NY; County Tax Map Parcel No. 10~0-097- 024)15. 7:55 p.m. Application of ALLEN OVS!AN1K, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Sections 100-70B(4) and 100-71 for permission to construct addition to the existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Loca- tion Of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02- 015. 8:00 p.m. Application for ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY (by A. W. Wickham, Esq.) for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31, for approval of the existing pool and deck c~ntaining lot coverage il maximum- Location of 1445 Baj Greenport, Lots 22, 23 ~ shown on "A Peconic BaYl mid County, ty Tax Mapsg$ o50*o+004. , a weekly 8:1o p.m.a.~.Ala County LEANDER L~u'u Cox's Lane,~0py that has (by R.F. La Variance ~t each week Ordinance, ,~e...~......~.. day 100-~ for per property lear insufficient a ./~ this C-1 Zone4 ~ tion of Prope.xe'.....LT._y.~...-...:..'~'v Cutchogue, } [ I Map Parcels 004 & 004.001. 0:15 p.m. 3 BODENSTE Garrett A. S 54655 Main t Southold, NY the Zoning Ot VII, Sectio permission to~ store witht~ sideyard substandard in this B-1 cation of Subj~ OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town }tall, 53095 Main Road P.O. Box 728 Southold, Ne~v York 11971 I'I~:LEPHONk (516) 765-1801 October 18, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No, 3050 for a variance. Also included is notification Short Environmental Assessment Form; ~ ...... ~ ........ ......... Notice of Disapproval from thQ Building D~Tent; f~Uudil, h T. Terry f/ JTT/bn Southold Town Clerk Enclosures application of Howard Hamre &wf. to adjacent property owners; and survey, TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA, NO. DA'rE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Robert W. Gillispie III as agent for (We) ..................... of ..... .N.~.o..r..t~.h.~.R..o~.a..a.:~~~.s..o.~.q.t~.h..o..i~.d.:~~~N.e...w.~~.Y.~.o..r..k. ..... Name of Appellant Street and Number Southold N.Y. ......................................................................................................................... HEREBY APPEAL TO 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 of North Road Southold N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) APPROVAL OF ACCESS 1. LOCATION OF THE PROPERTY 950 Paradise Shores Road A Street Use District on Zoning Map Suffolk Co. Map #1000-080-01-027 /v~ap 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.) Section 280A, Sub section 3 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X~ 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/ [F/c~' (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 FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that access to applicant's property, for which a vacant land certificate of occupancy has been issued;' over Paradise Shore Road has not been approyed by the Town of Southold and transfer of the property requires legal access. Fol~n ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the applicant needs legal access to this vacant parcel and denial of approval of access would effectively prevent the p~nding sale of the property and cause undue and un~eccessary hardship. 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 It it not known whether this hardship is unique., In spite of the. fact that four properties were sold and title transferred since December of 1980 to the present, there hms been no requirement for approval of'280A Access even though those properties share access over Paradise Shore Road. Other similar properties in the immediate vicinity of this property may also share this hardship. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~he appliqal~t's pj,~omertv and other ~rooert ies in the immediate vicinity ave xrsea t~ara-a~s~-Slibr~Roaa fo~ adcess For many years, and continued use for the purpose of access would not change the character of the district. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Sworn tb t~is .....~,BJ;h....'..;~ ........................ ~ day of ................ O~;ob~,r. ........................ 1982. Notary Public, State of New York Q~glifi~l in Suffolk County N~, ~,2.0~08300 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Robert W. Gillispie Iii to the Board of Appeals of the Town of Southold TO: Ms. Karen Fransen VandePutte 20 Albemarle Westbury, N.Y. 11590 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of th.e undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [c±rcle choice] Other: Approval of Access under Town Law 280-A 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: East side l~aradise Shore Road~ Suffolk County Map # 1000-080-01-027~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Approval of Access 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 2R0-A Section 3 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (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 right to appear and be heard at such hearing. Dated: 10/~8,/82 Petitioner Post Office Address P_C)_ lqox 111~ Southold, New Y~rk NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Viola & Wm. Graham 275 Oak Drive, Southold, N.Y. 11971 l~s. Karen Fransen Vande Putte 20 Albemarle Westbury, N.Y. 11590 Mr. Erasmo Irizzary, & Wf. 615 Main St. Greenport, N.Y. 11944 11971 11971 STATE OF NEW YORK) COUNTY OF SUFFOLK) R. nh~t W Rill~n~ ITT , residing at North Road ~outhold., New'York , being duly sworn, deposes and says that on the 18th day of October ., 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 Notices were mailed at the United States Post Of- rice at Southold. New Ynrk ; that said Notices were mailed to each of said persons by (certified) (~/gls/u~r/~d y mail. Sworn to before me this 1 8th Nek~y Public SloPe of Hew y~ QuaJifted in SuHolk Co~tnty No. ~,~ ¢o answer the questions ~n lhSs sho~¢ EAF ~¢ ~s assumed .x ~ (o) zn o~ac~ cur~on~}Y avon}able ~n~o~ma¢~on concerning lh~ ~ that ~he preparer will use project on~ the likely impacts of the octio'n. I~ is no~ expected that oddilionol studies, research or other investigolions %.;ill be undertaken. (b) If amy question has been answered Yes the project may be 5igmificomt and o complete~ Environmental Assemmmen% ~orm is necessary. I[ oll questions have been answered [qo i% is likely %ho% ~hi5 (c) project is not significant- (d) Ehvir onmental Assessraent 5. 6. 7. 8. 10. 11. 12. 13. 14. 15. PREPAP, ER'S S]GNAIURE_ ~'~ W~.~~',~ REPP, ESEI,JTING Howard t{~mre & ' ' ¥1itl project---~ul~--in o large physical change to the project site or physically oiler more Yes XNo than 10 acres of land? ........................ ' '---- Y/ill there be a major change to any unique or -unusual land form found on the szte? ....... Yes YJill project alter or have a large effect on e×isti g body or , ate ? .............. ¥till project have a potentially large ~_~ on groundwater quality? ...................... Yes o ¥till project significantly effect drainage ' Yes X NQ flow on adjacent sites? ...................... -' ' ¥1ill project affect any threatened or cnc]ongered plant or animal species?- ~ ....... _ Yes XNo ¥/ill project result in o major adverse effect Yes X.No on air quality? ......... ' ' ''''- '" character of the community or scenic views or vistas known to:be important to the community?_ Yes l'lill project adversely impact any site or .' structure of historic, prehistoric or .- paleontological importance or any site . designated os a critical environmental area Yes X No by o local agency? ............ ..~......~-.v.-...v.~..v~ ¥~ill project have a major effect on existing opportunities? , or future recreational ......... Yes_ X No ¥7ill project ~esult in .major traffic problems o~ cause o major effect to exisiing Yes X No systems?. ' ..... '' transportation ................ ¥~ill project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's · Yes X No ~pcro'tion?-- - " '' ' ' Yes X No or.safety? ............................. ¥~ill p~ojeCt affect the existing community by directly causing o growIh in permanent population of more than 5 percent over a one year period o_~r hove o major nedbtive effcc% on the character of the community or Yes neighborhood? ................................. - Is there public controversy concerning fha Yes X No project? DAlE 10/18/8~ 334 - 23 24 Legend t I · t4 LANE COUNTY OF SUFFOLK Properly Tax Service Agency /~/JA P O? OHLO~ ~. VaeTuy/,, PA RAD /$F i~?H 0 R£ $ ~.5'UFFOI. I~ Ca,