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HomeMy WebLinkAbout3048 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11cj'71 ACTION OF THE ZONING BOARD OF APPE; Appeal No. 3048 Application Dated October TO: Mr. Allen Ovsianik Box 485, Main Road Cutchogue, NY 11935 12, 1982 TELEPHONE (516)765-1809 LI ECEIVED AND FILED B' THE SOUTHOLD TOWN CLk'~K D H To~ Cie,k, To~ o~ Southold 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 [ ] 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 IX] Request for Variance to the Zoning Ordinance Article VII , Sections 100-70(B) [4] and 100-71 [ ] Request for The public hearing on this application was also held on November 18, 1982. Upon application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70(B) [4] and 100-71 for permission to construct addition to 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. The board made the following findings and determination: By this application, appellant seeks permission to construct a 16' by 42' addition (exclusive of 2' concrete apron along west side of addition) for use as a shop area for the existing service station. The setback of the new addition at its nearest point with Eugene's Road is 15 feet (southwest corner). The existing service station building is setback at its northwest corner from Eugene's Road at 19.34 feet as indicated on site plan revised 10/2/82 submitted with this application. In considering this appeal, the board determines that the variance reque~st is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant 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 the relief requested in Appeal No. 3048, application by ALLEN OVSIANIK for permission to construct addition with reduced frontyard setback at 15 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: (Cont.i.n.ue.d .on. Pag. e Two) DATED: December 13, Form ZB4 (rev. 12/81) 1982. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3048 Application of ALLEN OVSIANIK Decision Rendered November 18, 1982 1. That the present use (service station functions) be continued for this new addition; 2. That at no time may premises be used for more than one business; 3. That storage of vehicles is limited to the east side and south rear yard areas [and in no event forward of the building into the frontyard); 4. If the rear or side yard areas of premises are used for storage of vehicles, then adequate screening shall be provided as required by the Zoning Board of Appeals for that purpose; 5. That this variance is subject to review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 6. That this variance is subject to Southold Town Planning Board approval and requirements, if any. Location of Property: S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-2-15. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. APPROVED Chairrr~n Board of AphIs APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS NOTICE IS HEREBY GIVE~, 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 100-30A(1) for permission to create additional living unit within one-family residence located in an "A" Zone and more 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 HOWARD HAMRE & 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 Shore Road, Southold; County Tax Map Parcel No. 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. ~~1~ 7:50 p.m. Application of ALLE~N OVSIANI~K, Main Road, Cutchogue,~ for a Variance to the Zoning Ordinance, Article VII, Sections X 0-70B(4) and 100-71 for permission to construct addition to the / "-Lexisting gas/service station with reduction in frontyard area in i Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Meeting to be held November 18, 1982 this B-! Zoned District. S.R~ 25 and Eugene Road, No. 1000-097-02-015. Location of Subject Parcel: Corner of/ Cutchogue, NY; County Tax Map Parce~ 7:55 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue~ NY for a Special Exception to the Zoning Ordinance, Article VII, Sections I0~?~B~'4) and 100-7~ fur pe~ssion uu~H~c~ad~i~ion~ to the existing gas/service station with reduction in frontyard area in this B-t 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 "~mended 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 permissmon 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, Sectzon 100-71 for permission to construct retail store with insufficienm sideyard areas on this substandard parcel located in this B-1 Zoned District. Location of Subjec~ 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 ~o the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for pemission to construct warehouse in this "C-Light Industrial" Zoned District with insufficien~ 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 TO~ BOARD OF APPEALS Gerard P. Goehringer Chairman By Linda F. Kowalski, Secretary FORM NO. 3 TOWN OF'SOUTItOLD BUILDhNG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No ............................... . . ~. x. . . ~ Z .37 ................... PLEASE TAKE NOTICE that your application dated ........ ./f4q..Z~. ~7.~....~..~., 19 .?.~.6. for p e=it To cons~..~..~.o(. ~. ~..&..~ m~. ~. ~~,.. ~ ~mtion of Property ....~(~..c7..~ ~*.. ~.: ....... ~.~ Su~divJfion ..... ~ ....... Pried Map No .... ~ ....... Lot No .................. is returned herewith and disapproved on the follow~g ~ound, ,~Z~¢~..(~.. ~¢~c/. (~ / ~ Build~g Inspector RV 118Q FORM NO. 1 TOWN OF SOUTHOLD BU I LD i NG D£PARTM ENT TOWN HALL SOUTHOLD. N.Y. 11971 TEL.: 765-1803 Examined ................. 19 ... Approved ................. I9 ... Permit No ............ Disapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ....... , 1 INSTRUCTIONS a. Tl-ds application must be completely filled in by typewriter orin 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 th/s 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 parr for any purpose whatever until a Certificate of Occupancy shall have been granted by tl~e Building Inspector. APPLICATION IS HEREBY MADE to thc Build/rig Department for the. issuance of a Bv. ilding Permit pursuant to the Building Zone Ordinance of the Tow~n of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of building, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, buCding code, ho/using code, and regulations, and to admit authorized inspectors on premises anal in building for necessary insl~ctions: [ / . ~ (Signature of applicant, or name, if a corporation) · (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . L?*:,~ (~.~'~ ................................................................................... ~.as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate office~:~ Builder's License No.. Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... House Number Street Hamlet County Tax Map No. t000 Section .. O.V ~ ....... Block .... ~ ......... Lot...~../..~.7 .......... Subdivision ..... .~ . .' ............................ Filed Map No. .. ~K. .......... Lot ...~- ........... (Name) State existing use and occupancy of premises a~d intended use and occupancy of proposed construction: Ex/sting and 3 Nature of work (check which apl cable): New Building .......... Ada, on ~" Alteration Repair .............. Removal .............. Demolition .............. Other Work ............... ~ f (Description) 4. Estimated Cost _~o g'o Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ ~ 6. If business, commermai or m~xed occupancy, specify nature and extent of each type of use . .ct~,~ . .v, 7.Dimensions of'~xisting structures, if any: Front .............. Rear .............. Depth"'~' ............... Height ............... Number of Stories ........................................................ Dimensions of same strncmre with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... ~ 8. Dimensmns of entire new construction: Front ............... Rear ............... Depth ............... Height ......... Number of Stories ................................... ~, .... ~ 9. S~ze of lot: l~ront ...................... Rear ...... ~.? .............. Depth ?~:: ..... ~. .... .~. J ...... 10. Date of Purcaase ..... ~.[~.75. ................. Name of Former Owner . .~d~l.~..~. ~.~t.t;.;~ ........ 11. Zone or use district in which premises are situated .................................................... 12. Does proposed construction violate any zoning law, ordinance or reanlation: ................................ 13. Will lot be regraded ...... '~'~--_ ~ ................... Will be removed from premises: ~ No t4. Name of Owner of premises/~44 .~.~.~.~.q9.~,7,t~,.,:4 . Address .,'d.4~z,c. ~ ..~..'~.4~.fi<c. Phone No.-~. ?~': Name of A~chite¢~ ........................... Address ................... Phone ~o Name o£ Contractor .......................... Address ................... ?hone No PLOT DIAGR/M~ Locate cteariy and distinctly all buildings, whether existing or proposed, and, indicate alt set-back dimensions fror: property lines. Give street and block number or description according to deed, aml show street nmmes and indicate whethe~ Lnterior or corner lot. ~ ~ ~, ( ~ STATE OF NEW YORK, S.S country OF 7 .~...~.~_-~t. .~..~..~/.'~..~./../~.. ............. being duly sworn, deposes and says fhat he is the applica (Name of individuai signing contract) above named. He is the ...................................................................................... (Contractor, agent, corporate o£ficer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and tomake and file tt application; that all statements contained in this application are true to the best of his knowledge and belief;and that work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ......... ~ .... ., ......day of .~ ~ .~)~..~ .~.. bto. 52-4612710 (Signature of applica 1' ~ 1982 APPEAL CROM-:DECI~tON OF BUILDING INSPECTOR TOWN OF SOUTHOLD, NtW YORK TO THE ZONhqG BOARDOF APPEALS, TOWN OF SOUTNOLD, N. Y.' THE ZONING BOARD OF APPEALS FROM T~E' DJ~ZISION OF TILE, --~JILDII~ INSPECTOR ON / WHEREBY THE BUILDING INSPECTOR I:~tED TO State ( ) ( ) Name of At~llcdm for ~rmit of '2' ' - ...... ~.~.~.~....~.9.: ............... ~...'..~:~.~.:..~. ................... Str~ a~ Nu~er M~ici~li~ ~IT TO USE ~MIT FOR ~CUPA~Y 1. LOCATION OF THE PROPERTY ........................ ~..~ .................... ~.~.,z..~....:...~,~. .............................. .Street U~ D~H~ ~ Z~i~ Map Map No. ~ No. I 2. PROVISION (S) OF ~ ZONI~ ORDNANCE A~ED (l~ica~ ~ A~ic~ S~tim, ~b- , ~fion a~ Poragr~h ~ the Z~i~ Ordi~e by numar. ~ not qu~e the ~.) A~ ~,, -,~ /~ - ~ ~ /~J ~ ~/o~ -~/ ~_,,,, :~,,,..~ 3. ~PE OF APPEAL ~al is ~ her~h for ( / A VARIANCE to t~ Zoni~ Ordi~ce ~ Z~ ~ ) · A VARIANCE d~ to lack of acc~s (Sram of N~ York T~n ~ Art. 16 S~. 280A Subs~tion 3 PREVIOUS APPEL A previous ap~ ~ (has ~) ~ ~ wi~ r~t to this d~lsi~ 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 A;ppeol No ................................. Doted ....................................................................... REASON FOR APPEAL ( ) /A Variance to Section 280A Subsection 3 (~/ A Variance to the Zoning'Ordinance ( ) is requested for the rein that (Caetinue ~n o4~er side.