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.