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,