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Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2961 Application Dated March 17, 1982 TO: Irving L. Price, Jr., Esq. 828 Front Street Greenport, NY 11944 [Appellant(s)] At a Meeting of the above on your the Zoning Board of Appeals held on April 14, 1982 appeal was considered, and the action indicated below was taken 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 A public hearing concerning this matter was held on April 14, 1982. Upon application of Ewald Karbiner and Jgseph Tomitz, 39 Edgewood Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Law Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map Parcel No. 1000-54-4-33. The board made the following findings and determination: By this application, applicants seek approval of access over an existing private road with a good base, having a clearance of approxi- mately 12 feet in width, located off the northerly side of Horton's Lane, Southold. The lot to which this access is referred has front- age along this access road of approximately 177.50 feet and is more particularly known as County Tax Map District 1000, Section 54, Block 4, Lot 33, with an acreage of 1.346. The right-of-way in ques- tion is the only viable, practical route to the premises. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was (Continued on Reverse) DATED: May 5, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 2961 Matter of Karbiner & Tomitz Decision Rendered April 14, 1982 RESOLVED, to grant approval of access over the subject right-of-way applied for in Appeal No. 2961, application of Ewald Karbiner and Joseph Tomitz, SUBJECT TO THE FOLLOWING CONDITION: 1. Where the terrain of the land over which such access is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. road Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 1000-54-4-33. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY TIiE sOUTii©LD TOV~N CLERK DATEq~/~ HOUR 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 Southotd Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Wednesday, April 14, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Ewald Karbiner and Joseph Tomit____~z, 39 Edgewood Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Law Art. 16, Sec. 280A. Location of Property:~ 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll~ Association; east by Sunset Path; south by Offenheiser; west~ by L.I. Sound; County Tax Map No. 1000-54-4-33. 7:40 p.m. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Access, Art. 16, Sec. 280A, over a new right-of-way located off the northeasterly side of West- phalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1009-113-9-10.1. 7:45 p.m. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for permission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by Am~tt & ano.; south by Smith & ano.~ west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. 8:05 p.mo Application of Richard Zeidler, 55 Whippoor- will Lane, Patchogue, NY for a Variance to the Zoning Ordi- nance, Article IIi, Sections 100-31 and 100-36 for permission to construct addition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm~ southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12~ 13, 14; CTM No. 1000-145-4-15. 8:10 p.m. Application of Warren A. Sambach, 173 Hill- side Avenue, Williston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New Yo~k Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of-way off Main Road, East Marion, NY; bounded north and so~th by Swick; west by Swick, and Wiglom; east by Swick and Jayne; CTM No. 1000-23-1-7. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Page 2 Legal Notice o~ Hearings Board of Appeals Regular Meeting of April 14, 1982 Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of L. Tuthill, North Side of C.R. 48, Cutchogue, NY; further identified as County Tax Map Parcel No. 1000-101-1-4. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII~ Section 108-70C for permission to erect an off-premises advertising sign in a B-1 Zone, upon property of R. Nine, located at the southeast corner of C.R. 48 and Westphalia Avenue, Mattituck; bounded north by C.R. 48; west by Westphalia Ave.; south by Sidor & ors.; east by Urist, Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141-3-22. 8:t5 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tia~ and Agricultural Zone, upon property of Greenbriar Homes, Inc., located at the north side of Main Road, Mattituck, NY; bounded north by Adel; west by Garrell; south by Main Road; east by Adel and McGuire; County Tax Map No. 1000-108-3-5.5. 8:20 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of R. Reeve, located at the southeast corner of Sound Ave. and Aldrich Lane, Mattituck, NY; further identified as County Tax Map Parcel No. 1000-120-3-8. 8:30 p.m. Application of William J. and Ruth Boythart, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lower floor below the minimum-required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9-1.4. Dated: April 3, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OP APPEALS GEt~ARD P. GOEHRINGER CHAIP4V~tq By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, April 8, 1982 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before April 12, 1982. Copies sent on 3/22.~82 to: Irving L. Price, Jr., Esq., attorney for Karbiner & Tomitz Messrs. Karbiner and Tomitz, 39 Edgewood Drive, New Hyde Park 11040 Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 Mr. Gers~lmos Fioravantes, 265 Fourth Avenue, Brooklyn 11215 Copies sent on 4/3/82 to: Mr. Richard Zeidler, 55 Whippoorwill Lane, Patchogue, NY 11772 Mr. Warren A. Sambach, 173 Hillside Ave, Williston Park 11596 '(for Mr. and Mrs. Aaron Shikler) Mattituck Chamber of Commerce, Box 1056, Mattituck, NY 11952 Mr. William B. Smith, 220 Mechanic Street, Southold, NY 11971 (for Mr. and Mrs. William J. Boylhart) Town Clerk's Bulletin Board Supervisor and Town Board Members Planning Board Individual Files TOWN OF SOUTttOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ................................ ............ · o ...V.!.?. ..... ~.. h.~.b.~7.~.. .qc;.~..%~.~j.u~.~:.~..~.~ t~ .... 1~7 S~ L~ b~ ~h~oHo6u~ NY 1177~ fo to construct ... ~.. ~.E.%%.1.~ .~. ............................. . ....... at ~o~,o~ o~ ~o~ ,. ~ .... ~ ~ ~ ~...~ ......... $~.~.7.~9 %~ ...... House No, Street t Ham/et ~o,,,~ ~ ~ ~o. ~oo0 ~,~o, ...... ~7... ~o~ ........ ~ .... ~o, .~ ......... Subdi~sion ~-- Filed Map No.. ~ ............ Lot NO .................. is returned herewith and disapproved on the follow~g ~o~ds ..... ~ .~ff~ .... ~~.~ . ~.... ~.~..,~ .... ~o.v..~....~..~...~.~...&~.~... ~.~ .... h~ .... ~.~.~.~...~.~T .... ~.~.~..~ ......... t SSu~ RV 1/80 Buitd~ng Inspector ARi? 1982 TOW. OF SOUTHOLD, NE~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APP., NO. fg ) DATE ~.~... ~.6..~.;...]..?..8..~... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~..~..~..~..~....~°..~..~.~k.~ ...... of ...~..~..~?. ....................................... Name of Appella,nt Street and Number .............. .t~...~.,.~y.~..?..~...~. ...................................................... ..~.,'fl,..~._og..~. .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...~..¢~.....~.~..,.177.2. ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO V~J.~o ~o ..~.c...A,...~.~..~..~..~..~,...~.~.. ......................... Name of Applicant for permit of ...~..~..~..~.~.. ~.~..~..~o..~....~Z~ ................................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~) ~'~ '~O LOCATION OF THE PROPERTY 1~.~`~1~.~c$~.A~.~.~..~.~.~%~A~..~..~tt~ Street Use District on Zoning Map Iv~op 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.) Sect. io~ 100-141 Dui~ g ~e,4~ ('g~c~ :[.z~o~ ~c~ belle~) 3. TYPE OF APPEAL Appeal is mode 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 appealS(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 ~XZ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that ~.~g~i.c~t ~,I~,~es ~o c~ a ~11~t~g at 155 ~s~ ~a~h, Doue~ola, New yor~ whi~ has acces~ by a 20 ~oc~ :ight of way. Form ZB1 Continue on oth ~e.~F.~e~ ~;~ ~ ~m ' REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or-~znneces, sory HARDSHIP because ',.~_thout a ~zari~nce pu~suem~t ~o ~ L~%~ Sedan 280~a~ the 2. The qardshiD created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this ~roperty and in this use district oecouse '¢~here can b® no ~1~ w~ch ~ met spoliations ~d adjo~ *~*s s~je~ pro~y, ~ a~ition, ~s pie~ of pro~ is ~t, ~oe~ fo~ ~ ~oh o~a, ~ies ~ t~ ~ ~e i~r~ad. The o~ ~r~ pr~es use ~ ri~t of way in its exi~fng c~on ~ ao~ss a n~ of 3. The ¥or~ance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this is a proposed =on~t.z~ction on an e,~J, st-, ing right of way which has been sufficient to serve the other private dwellings along it. STATE OF NEW YORK ) ) ss COL NTY OF ~u~'O[~. ) Sworn to this .......... ..~.' ................................ day of ....... F~'D/~ ....................................... ]982 ~ ? ..... ~--~' f App $outhold Town Board o eals MAIN ROAD- E~TATE ROAD 25 E~OUTHOLD, L.I., N.Y. 11971 TELEPHONE 1518) 785-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 5, 1982 Irving L. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. 1~: Apgeal No. 2961 Variance of ~ald Karbiner and Joseph Tomitz Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination 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 construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Southold MAIN RI-lAD- STATE Rr'IAD 2S Town Board of Appeals m~OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 15, 1982 Irving L. Price, Jr., Esq. 828 Front Street Greenport, NY 11944 Re: Appeal No. 29~1 Variance of Ewald Karbiner & ano. Dear Sir or Madam: This letter is to confirm that the following action was taken at a Regular Meeting of the Southold Town Board of Appeals held on Wednesday, April 14, 1982: RESOLVED, that approval of access be granted in Appeal No. 2961, application of Ewald Karbiner and Joseph Tomitz, SUBJECT TO THE FOLLOWING CONDITION: Where the terrain of the land over which this access road is traversed is such that drainage problems may occur, the appli' cant and/or owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. If you wish to start construction as early as pos- sible, please return to or call the Building Department for issuance of your building permit at 765-1802. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary cc: Building DepartMent Legal Notices. LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Wednesday, April 14, ~plination of Ewald Karbi~er and Joseph Tomitz. 39 Edgewood Drive, New Hyde Park, NY (by j Irving L. Price, Jr., Esq.) for I a Variance for Approval ofI Access, New York Town I~w Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax MapNou 1000-54-4-33. '~;~o p.m. Application of Arthur M. Schwartz. M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Ac- cess, Art. 16, Soc. 280A, over a new right-of-way located off the northeasterly side of West- phalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and uno.; east.by Munz; County Tax Map Parcel No. 1000-113- 9-10.1. 7:45 p.m. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for permission to use accessory building for habitable, mi.est accessory use. Locatio~ Property: 8220 Math Roa~ast Marion, NY; bounded north by Main Road; east by Amott & ano.; south by Smith & uno.; west by Cotrone & ano.; County Tax Map No. 1000-81-8-1.1. 8:05 p.m. Application of Richard Zeidler, 55 Whippoor- will Lane, Patchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 10o-36 for permission to construct addition to dwelling reduci~ sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12, 13, 14; CTM No. 1000-145-4-15. 0:10 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New York Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of- way off Main Road, East Marion, NY; bounded north and south by Sy/ick; west by Swick, and Woglom; east by Swick and Jayne; CTM No. 1000-23-1-7. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordihance, Article III, Section 100-30C(6) [fl for permission to erect an off-premises advertising sign in an A- Residential and Agricultural Zone, upon property of L, Tuthill, North Side of C.R. 48, Cutchogue, NY; further identified as County Tiaap Parcel No. 1000-101-1-4.~ 8:15 p.m. Application of Mattituek Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70C for permission to erect an off- premises advertising sign in a B-1 Zone, upon property of R. Nine, located at the southeast corner of C.R. 48 and Westphalia Avenue, Mattituck; bounded north by C.R. 48; west by Westphalia Ave.; south by Sidor & ors.; east by Urist, Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141- 8:15 p.m. Application of Mattituck Chamber of Com- merce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) [fl for permission to Mattituck, NY; further ident- ified as County Tax Map Parcel No. 1000-120-3-8. 0:30 p.m. Application of William J. and Ruth Boylhart, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-10A for permission to construct lowest floor below the minimum- required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9- 1.4. Dated: April3, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Socretary 1TA8-3928 eroct an off-premises adver- tising sign in an A-Residential and Agricultural Zone, upon.¥.~. ................ property of Greenbriar Homes, Inc., located at the .. · north side of Main Road, Mattituck, Ny;boundednorth ,....~....~..~.7..~/..g~.. by Adel; west by Garrell; south by Main Road; east by ........... Adel and McGuire; County Tax Map No. 10~0-108-3-5.5. · ........................ 8:20 p.m. Application of Mattituck Chamber of Com- merce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article Ill, Section 100-30C(6) [fl for permission to erect an off-premises adver- tising sign in an A-Residential and Agricultural. Zone, upon property of R. Reeve, located at the southeast corner of Sound Ave. and Aldrich Lane, COUNTY OF SUFFOLK STATE OF NEW YORK ss: NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Wednesday, April 14, 1982 commencing at 7:30 p.m. as follows: _ a-n7d:30 p.m. Application of~ Ewald Karbiner and Joseph ~ Tomitz, 39 Edgewood Drive,/ New Hyde Park, N.Y. (by/ IrvingL. Price, Jr., Esq.) for aI by William B Smith, 220 Variance for Approval of~ '<' ' Mechanic Street, Southold, Access, New York Town Law Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, N.Y.; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. , 1000-54-4-33. 7:40 p.m. Application of Arthur M. Schwartz, M.D. 240-11 Maryland Road, Doug. laston, N.Y. 11363 for a Variance for Approval of Access, Art. 16, Sec. 280A, over a new right-of-way located off the northeasterly side of Westphalia Avenue, Mattituck, N.Y.; bounded north by Howard's Branch; west by Berner; south by Penny and aha.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. 7:45 p.m. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, N.Y. 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for per- mission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, N.Y.; bounded north by Main Road; east by Amott & aha.; south by Smith &ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. 8:0S p.m. Application Richard Zeidler, $5 Whippoor- will Lane, Patchogue, N.Y, for a Variance to the Zoning Ordinance, Article III, Sec- tions 100-31 and 100-36 for permission to construct ad- dition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel. N.Y.; bounded north- east by Chisholm; southeast by Great Pe~onle Bay: Potricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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- man once each week for ~x ........................................ weeks successively, commencing on the <z~ ....... Sworn to before me this ............... .~.....~.. ......... day of Mattituck, N.Y.; further iden- tified as County Tax Map 8:30 p.m. Application. of ....... -William J. and Ruth Boylhart, Notary Public ~ ....... N.Y. for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lowest floor below the minimum- required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, N.Y.; Subdivi- sion of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9-1.4. Dated: April 3, 1982 By Order of the Southold Town Board of Appeals Gerard P. Goehringer Chairman By Linda Kowalskl Secretary "' 1T-4/8/82(lOD Southold Town of Appeals March 19, 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2961. Application of Ewald M. Karbiner and Joseph Tomitz requesting approval of access over Sunset Path, a private right-of-way, Southold, NY. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Ewald M. Karbiner and ano.: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. A variance for approval of of any particular construction, affect upon the environment. access does not include approval and therefore does not have any This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by offenheiser; west by L.I. Sound; 1000-54-4-33. Vote of the Board: Grigonis and Sawicki. Ayes: Messrs. Douglass, Member Doyen was absent. Goehringer, REGISTRAR OI VITAl STA][SII(S SUEFOi K UOUNTY Southold, L. l., N. Y. 11971 March 17, 1982 Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk ,rTT/b~ Enclosures Transmitted herewith is Zoning Appeal No. 2961 .application of Ewald Karbiner & Joseph Tomitz for a variance. Also included is notification to adjoining property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Todal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey of property. Town Clerk RECEIVED MAR 1 ? 1982: TOWN OF SOUTHOLD, NEW YORK Towg O~k IJM~I!I~L FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~ ¢~ / TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Ewald Karbiner & Joseph Tomit~ . 39 Edgewood Drive 1, (We) ................................................................. o~ ............................................................................ Name of Appellant Street and Number ............... ~...H..y..d..e....P..a..r..k. ....................................................... ?..e..w....Y..o..r..k. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED March 8, 1982 WHEREBY THE BUILDING INSPECTOR DENIED TO Vito Randazzo a/c E. Karbiner & J. Tomitz Name of Applicant for permit of 127 Swan Lake Drive, Patchogue, New York ( ) ( ) 11772 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (XX) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY .~:~.~...~?~,.~?:~.~.,..S.~.u,.t..h..o...Z.a. ........ ,A....~..e.,s..i,~,~,.~..t,.i.~:]c..~...A,~.~.L.~ultural Street Use District on Zoning Map 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.) Section 100-141 Building Permits (Upon information and belief) 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 appeai~,k(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 end was made in Appeal No ................................ Dated ...................................................................... (xx) ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that applicant wishes to construct a dwelling at 155 Sunset Path, Southold, New York, which has access by a 20 foot right of way. FmTn (Continue on other side) REASON FOR APPEAL Continued ! STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because without a variance pursuant to Town Law Section 280-a, the applicant cannot build on the subject property even though there is already existing one beach cabana on the property. 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 there can be no public street which would meet specifications and adjoin this subject property. In addition, this piece of property is vacant, except for the beach cabana, and the other properties in the area are improved. The other improved properties use the existing right of way in its existing condition as access and have done so for a number of years. 3 Thc Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C~IARACTER OF THE DISTRICT because this is a proposed construction on an exist- ing right of way which has been sufficient to serve the other private dwellings along it. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this .......... J&...J~.. .........................day of ..... ~a~'.g~ ....................................... 19 82 ~ ~ TIISTRUCT !OHS: $tlORF EHVIP, OFIkU{IqTAL ASStSSM'hl z-----~~ order to answer tile questions in this short EAF it is assumed that the preparer will use_currently available information concerning the pro]oct and the likely ilnpocLs of the action. It ~s not expected that odclZtZonai studies, ~esec~zch o~ other ~nvestigot&ons w~ll be undertaken. (b) If any question has been answered Yes the p~oject may be significant and o completed Environmental As > t Form is necessary. (c) If all questions have been answered No it is likely that this project is,nat slgnificonf. (d) Environmentel Assessment 1. Will project resu~in ~ large physical chmnge fo the project site or physically miter mare then 10 meres of lmnd? ........................ Yes x No 2. ¥/ill there be ~ molar change ia on~ unique or -unusual l~nd fo~m found on the site? ........ Yes x No 3. ¥~ill pro~ect miter or have m large effect on existing body of woler? ..................... 4. Will project hsve o potenfimlly lorge impoct Yes on groundwoler quolity? .................... x 5. Will project significonily effect dro~noGe fl dj t it ? Yes x No 6. %'~ill project effect ony thremtened or cndongered plont or on,mol species? ......... .Yesx No 7. Will project result in o meier o~verse on oir quelify? ............................ __Yesx 8. ¥;ill project hove o meier effect on visuol charocter of the community or scenic views or visios known to,be imporiont to ihe community? Yesx ~. %';ill project odversely impoct ony site or .' structure o~ historic, prchls~oric or polcontoloGicml imporioncc or ony site designetcd os m criticcJl envSronnlentol oreo by m local ogcncy? ............ '.;.."-'~'-;'.'.'-;"~--~'. Yesx No 10. ¥;ill project hove o mm jot effec~ on existing or Future rccrcotionol opportunities? ......... Yesx, No 11. ¥;~11 project result in .meier troffic problems oil couse o meier effect fo existing fronsportotion systems? ....................... Yesx. No 12. ¥/ill project regulmrly couse objectionoble o~ors, noise, glore, viSrofion, or electrlcol disturbance os o result of the project's operotion? Yesx No 13. %'Fill project hc~ve oily impoct on public health Yesx or sofety? .................................... 14. ¥;ill p~oject effect {he existing community directly cousing o growlh in Dermonen% population of more then 5 percc~t over o omc ycor period or hove o meier negotlve effect on thc chmrocter of the co~nmunity or Yes x No nc] ghborhoo~? ................................. . . Is there public controversy concerning ibc projectm ... ~cs x No 15. REPPESEI~TIIqG gwald Karbine~ and ,Joseph T~mitz D/tIE March 16, 1982 March 16, 1982 (Today's Date) To: Re: Southold Town Board of Appeals blain Road Southold, NY 11971 Appeal Application of Ewald Karbiner and Joseph Tomitz Location of Property: 1000-054-04-033 Private Road, east of Hortons Lane, Southold, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] [ ] Mav be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May b'e located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ xx] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* (Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, Irving L. Price, Jr. IRVING L. PRICE, JR. ATTORNEY AT LAW March 16, 1982 Mrs. Judith T. Terry Southold Town Clerk Main Road Southold, New York 11971 Re: Appeal Application of Ewald Karbiner and Joseph Tomitz Dear Mrs. Terry: In connection with the above appeal application, I enclose herewith: 1. Notice of Disapproval 2. Application in triplicate 3. Notice to adjoining property owners 4. Environmental Assessment Form 5. Wetlands letter 6. Four copies of survey 7. My check in the amount of $15.00 in payment of the filing fee If all the Zoning Board time and date of is in order, please place this matter on of Appeals calendar and advise me of the the hearing. If you have any questions, please do not hesitate to contact me. Very truly yours, ILP:kam Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: Edward Offenheiser 43-19 30th Avenue Long Island City, N.Y. Sunset Knoll Association c/o Ronald Reeve 445 North Salem Road Ridgefield, Connecticut YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER Victor R. Cipullo 288 West 238th Street Bronx, New York G.F. Horton M.F. Dow D.L. Fischer 727 First St. Greenport, N.¥ 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)~~~(fqaee~em~(J~a ~'m~gc~dJe~z 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows:Bounded on the North by land of Sunset Knoll Association; Bounded on the ~st by Sunset Path; Bounded on the South by land of Offenheiser; Bounded on the West%by L.I. Sound. Suffolk County Tax Map NO. 1000-054-04-033 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential-Agricultural 4. That by such Petition, the undersigned will request the following relief: Access variance over the existing right of way pursuant to Town Law Section 280-a 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XIV Section 100-141 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 may then and there examine the same during regular office hours. (516) 76'5-1809. 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. Petitiorler/I:~.~,:~ng L. Price,/r. as Attorney for Ewald Karbiner and Joseph Tomitz Post Office Address 828 Front Street Greenport, New York 11944 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Edward Offenheiser Sunset Knoll Association Victor R. Cipullo G.F. Horton, M.F. Dow and D.Lo Fischer 43-19 30th Avenue Long Island City, New York 11103 c/o Ronald Reeve 445 North Salem Road Ridgefield, Connecticut 06877 288 West 238th Street Bronx, New York 727 First Street Greenport, New York 11944 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Kathy Ao Mazzaferro , residing at Chestnut Road, Southold, New York , being duly sworn, deposes and says that on the of March ,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- fice at Southold ; that said Notices were mailed to each of said persons by (certified) J~au, L,i,~al~ mail. Sworn to before me this day of March ,19 82 -Ka%hy A.~Ma~zafer~o 0 0 / Notary Public SEC NO 7G /2*