Loading...
HomeMy WebLinkAbout2985 LEVIEN~ ALICE G. ~0Beebe Dr. , Cutchogue ~8/17/82 struCt tor~ge bldg. on a vacant lot. 97-7-9 MAIN EOAD- ~TATE ROAD 2,5 ~rlUTHDLD. L.I., N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2985 Application Sated May 6, 1982 TO: M~. and Mrs. Charles Levien Box 992 Cutchoguo, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 26, 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 ~ ] Request for Variance to the Zoning Ordinance Article IIi , Section 100-30A [ ] Request for The public hearing on this matter was held on May 26, 1982. Upon application of ALICE G. LEVIEN, Box 992, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for per- mission to construct storage building on a vacant.lot. Location of Property: 990 Beobe Drive, Cutchogue, NY; Moose Cove Filed Subdivision Map 3230, Lot 25; further identified as County Tax Map Parcel No. 1000- 97-7-9. The board made the following findings and determination: By this appeal, appellants seek a variance to Article III, Section 100-30(A) of the zoning code to permit a storage building on a vacant parcel (Subdivision Lot 25) i~ediately adjacent to appellants' dwelling parcel (Subdivision Lot 26). An inspection of the promises discloses that each of the parcels ownod by appellants contains an area of 40,000 square feet with 100' road frontage. Existing on the northerly parcel (Lot 26) is a private one-family dwelling; the southerly parcel (Lot 25) Ks vacant. Both parcels are paru of the Subdivision entitled, "Moose Cove" which is contained within the list of excepted subdivisions a~ Section 100-12 of the zoning code. After inspection the board found there are no other storage structures solely located on a parcel Of land in the immediate neighborhood without a principal building for which it would be required to be accessory to. Section 100-32 permits accessory buildings and structures which may be located in the rearyard. A principal building is permitted pursuant to the bulk and parking schedule of tho cod~ with a minimum livable floor area of 850 square feet, and with front and rear yard setbacks of 50 feet or more, et cetera. Appellants in this appeal assert that this structure will be for the purposes of storage, and that practical difficulties have been demonstrated in that to locate this storage building upon the dwelling parcel (Lot 26) would cause removal or changes in the landscaping° Ib is the board's opinzon that the appellants have failed to demon- strate that there are no viable alternatives available for the location of this storage building accessory to ~he dwelling on the northerly DATED: June 16, 1982 CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 2985 - Alice G. Levien Appeal No. Decision Rendered May 26, 1982 parcel (Lot 26), that strict compliance with the zoning ordinance will not result in practical difficulties, and that a storage building accessory to appellants' dwelling is more feasible and practical under the circumstances. In considering this appeal, the board determines that the variance request in relation to the code requirements is substantial (100% of a variance); that the grant of this variance would produce a substantial change in the character of the neighborhood; that the difficulty can be obviated by some method feasible to appellants without substantial relief; and that in view of the manner in which the difficulty arose, the inter- ests of justice will be served by denying the variance applied for. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2985, application of ALICE G. LEVIEN, be and hereby is denied without prejudice. Location of Property: 990 Beebe Drive, Cutchogue, NY; Moose Cove Filed Subdivision Map 3230, Lot 25; further identified as County Tax Map Parcel No. 1000-97-7-9. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY TtlE SOUT~[OLD TO¥~N APPROV.ED D - Chairman'Boa,rd/of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEn JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI MAIN ROAD- STAT~' RDAD 2[5 of Appeals SOUTHOLD. L.I.. N,Y. 119"'71 TELEPHONE (5t6 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be scheduled for public hearings to be held at the Southold Town Hall, Main Road, Southold, NY on Wednesday, _May 2~6__,__~1982, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ROBERT AND EILEEN WALL, Montauk Avenue, Fishers Island, NY 06390 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached two-car garage in the sideyard area. Location of Property: Southwest Side of Montauk Avenue, Fishers Island; bounded north by Strunk and Montauk Ave.; east by Kernan & Montauk Ave.; south and west by Kernan; County Tax MaD Parcel No. 1000-10-8-13. 7:35 p.m. Application of ROBERT W. GILLISP!E, JR., 15345 Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article Iii, Section 100-35 for permission to increase fenced area around frontyard pool to a height exceeding the maximum-permitted four feet. Location of Proper~y: 15345 Main Road, East Marion; bounded north by L.I. Sound; east by Swick & Woglom; south by Main Road; west by Gi!lispie; County Tax Map Parcel No. 1000-23-1-5. 7:40 p.m. Application of ERNEST E. WILSBERG, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and road frontage of two parcels located at Ole Jule Lane, Mattituck; bounded north by OleJule Lane; west by Hunt and others; south by OleJule Lane; east by Wilsberg; County Tax Map Parcels NO. 1000-122-5-12 and 13. 7:45 p.m. Application of the ESTATE OF ANN DONAHUE, by Madeline J. Heinisch, 86 Beverly Drive. Albertson. ~Y 11507. for a Variance 5o the Zoning Ordinance, Article III, Section 100-31 for permission to construc~ addition 5o dwelling with an insufficient frontyard setback at 41575 C.R. 48, Southold; bounded north by Spyropoulos; east by Hobson; south by C.R. 48; west by Larsen; County Tax Map Parcel No. 1000-59-3-21. 7:50 p.m. Application Street, M~tituck, NY for a Article III, Section 100-31 of JOHN H. & KATHRYN ROSE, 1710 Pike Variance to the Zoning Ordinance, for permission to construct addition Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 26, 1982 to existing garage reducing the rearyard setback. Location of Property: 1710 Pike Street, Mattituck, NY; bounded north by Pike St.; west by Eckert; south by Verme and Pike; east by Zahra; County Tax Map Parcel NO. 1000-140-3-19. 7:55 p.m. Application of Environment East Inc., 3075 Indian Neck Lane, Pecontc, NY as aqent for LEIGHTON WIGLEY, for -'a Variance to New York Town Law, Section 280-a for approval of access over a private right-of-way located off the north side of Grand Avenue, Mattituck, NY. Location of Property: 3325 Grand Avenue, Mattituck, NY; bounded north by Black; west by Mat- tituck Cr~; south by Ely; east by Black & Ely; County Tax Map Parcel No. 1000-107-1-12. 8:05 p.m. Application of PETER So TERRAINOVA, Box 77, Peconic, NY for a Variance no the Zoning Ordinance~ Article III, Sections 100-31 and 100-34 for permission to consnrucu deck with insufficient yard setbacks and exceeding the maxim~-permitted lot coverage requirement an 565 Sound Avenue (a/k/a 1170 Huntington Boulevard), Pecon~c, NY; Peconic Shores Subdivision Filed ~ap Nos. 117 and 654, Park of Lot ~12; and further identified as County Tax Map Parcel No. 1000-67-2-1. 8:15 p.m. Court, Albertson, NY Article III, Section to existing dwelling Properny: 370 Sunset Application of ANTHONY & CARMELA PRISCO, 93 Croyden 11507 for a Variance to the Zoning Ordinance, 100-31 for permission no construct extension reducing the rearyard setback. Location of Way, Southold; Cedar Beach Park Filed Subdi- vision Map 90, Lot 161; further identified as County Tax Map Parcel No. 1000-91-1-7. 8:20 p.m. Application of ALICE G. LEVIEN, Box 992, Cutchogue NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to construct storage building on a vacant lot Location of Property: 990 Beebe Drive, Cutchogue; Moose Cove Filed Subdivision Map 3230, Lot 25; further identified as County Tax Map Parcel No. 1000-97-7-9. ~ 8:30 p.m. Application of NORTH FORK BANK & TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance the Zoning Ordinance, Article VII, Section 100-71 for permission construct a drive-in banking facility with canopy entending into the frontyard area. Location of Property: Mattituck Shopping Center, to Main Road, Mattituck; bounded north by New Bethany Cemetery Page 3 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 26, 1982 Association; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by Main Road; County Tax Map Parcel No. 1000-142-1-26. 8:35 p.m. Application of JEROME E. & M. DOROTHY BLOOM, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of'insufficient width of two proposed parcels located on the north side of Main Road, East Marion; bounded north by Jayne & L.i. Sound; west by Swick & Shikler; south by Nodine and Main Road; east by Hicks and Williams; County Tax Map Parcels No. 1000-23-1-10 and lI. 8:40 p.m. Application of NORMgtN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq. for a Variance ~o the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing premises into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue; bounded north by Bay Avenue; west by Cutchogue-New Suffolk Park District and Nassau Point Causeway Association; south by Groff; east by Lehmann and Broadwaters Cove; County Tax Map Parcel No. 1000-104-8-2.1. Dated: May 15, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAI~LAN By Linda Kowalski, Sect. Copies have been furnished to the following on or about May 15, 1982: Mr. and M_rs. Robert Wall Mr. Robert W. Gillispie, Jr. Richard J. Cron, Esq. as attorney for Mr. Ernest E. Wilsberg Mr. and Mrs. Jerome E. Bloom Mrs. Madeline J. Heinisch for the Estate of Ann Donahue Mr. and Mrs. John H. Rose Environment East Inc. for Leighton Wigley Mr. Peter S. Terranova Mr. and Mrs. Anthony Prisco Mrs. Alice G. Levien Abigail A. Wickham, Esq. as attorney for NFBTC Stephen F. GriffLng, Jr., Esq. as attorney for Mr. Norman C. Boos Town Clerk Bulletin Board Supervisor and Members of the Town Board ZBA individual files INSTRUCTIONS TO L.I. TRAVELER-WATCHM3tN and SUFFOLK TIMES, INC.: Please publish Thursday, May 20~ 1982 and forward 12 affidavit(s) of publication to: Board of Appeals, Main Road, Southo!d, NY 11971 on or before May 25, 1982. RECEIVED TOWN OF SOUTFIOLD, NEW YORK ~P~L FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD. N. Y. ~, (We~ ..:~..Zz.c..~.....~ ...Z...~..~,:~..o~ ............ zS'....~..~.~ ......... .,O....~ ................ Name of Appellant Street and Number d~, Ze,f'o o. c ?/?- ,~ERE~Y APPEAL TO .................................. o./~-~i~ii~ii~,f .............................................. ~i; .......... 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 .......... ~.~..~.~...:~....../..3..~ ............ ~.~ ............. ~.!~...L.¢.. ..................... : ...... Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Municipality State LOCATION OF THE PROPERTY ...... ..~..~...0.........~...~../,?..........~...{..~... ........ ~....~.....,~,...~...j.~,..ff.:~ Street Use District on Zoning Mop ~ s ~ d~- .~.~.c.~..~.:.~.~ 1~: '~g:'~: .................................. Lo~ ~o. 2. PROVISION (Si OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (J,~ A vARIANCE tc 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 ~k~ (has not) been mode with respect to this decision of the Building Inspector or with ~espec~ to this ~roperty. Such appeal was ~ i request for a special permit ~ ) request for a variance and was made n Appeal No ................................ Dated ................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~')~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued sarv HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would proauce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by al ~)rooerties alike in the immediate of this property and Jn this use district because 3 CHARA, CTER OF THE DISTRICT because The .anance would obxserve the sairit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss ~-~COUNTY OF .~.,~f.~'d~' ) Signature Sworn t~ this ............ otarv ub ic / 7 FORM NO, 3 ~ ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ......... ~.....q..q..~ ............. ~=.ono~o~ .... ?t~ ........ ~...~ ........ Houso No. ~ St~et ~ Hamlot County T~ Map No. 1000 Section ..... '..,. ~.. moc~ ........ ~... Lot .... / ......... ~ / ~.on..~.. d~ ~o..3...~ ....... ~o~o..~ ............ is returned herewith and disapproved on the follow~ ~o~as .... Building Inspector COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE £. KOPPELMAN DIRECTOR OF PLANNING July 15, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning. Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Ernest E. Wilsberg Jerome E. & M. Dorothy Bloom Robert W. Gillispie, Jr. Madeline J. Heinisch Peter S. Terranova Anthony & Carmela Prisco Alice G. Levien Peter D. Pizzarelli Marguerite R. Wasson Alice G. Levien Mary Sayegh William Keinath Thomas & Jacqueline Occhiogrosso Michael & Annette Collins Andrew Pafitis Nicholas W. Ippolito Allen Ovsianik Theodore & Mel Metalios George & Natalie Weiser Harold P. Schwerdt J. Royal & Virginia Gifford Patnick Realty Corp. Ann Wyden & Peggy Heller John F. & Mary McF~ely GGN:jk Very truly yours, Lee E. Koppelman Director of Planning ! Gerald G. Newman Chief Planner 2811 2977 2978 2979 2983 2984 2985 2986 3015 3020 3021 3023 3031 3038 3042 3044 3048 3059 3071 3076 3083 3084 3089 3102 Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SDUTHr1LD, L.I., N,Y. 11cj71 TELEPHONE (516) 765-'~809 ? Pursuant to Article XIII of the Suffolk Count~ Charter, the Board of Appeals of the Town of Southotd, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article III , Section 100-30A Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Appeal No.: 2985 Applicant:M/M Charles Levein Location of Affected Land: 990 Beebe Drive, Cutchogue County Tax Map Item No.: 1000-97-7-9 Within 500 feet of: __ Tow~n or Village Boundary Line X Body of Water (Bay, Sound or Estuary) East Creek __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. was granted COMMENTS: Applicant ~ permission to storage building on vancant lot. Den ~ ~ ) Copies of Town file and related documents enclosed herewith for your review. Dated: July '/ I983 Temp. Secret~ry, board of ppe~ls Today' s Date: 5Iembers Absent, if any: Appeal No. Agenda Item/>Iatter o£: T)-pe o£ Variance or Appeal: Resolution made by: Seconded by: Action: GCharles +%erae ~Robert ~ G~rard ose . rlgonls ~o~-en lJougtass t~oenrlnger ~awl~t ( )/' ( ( ~ ( ) ( ) (p¥ ( ( ) ( ) ( ) Approve as applied for Deny as applied for Deny ~'"~e.y without prejudice %v'ithdr awn without Prejudice ( ) Approve with the following conditions: ( ) Subject to County Planning referral ( ) Subject to Planninq Board approval ( ) Subiect to D.E.C. reaulations ( ) Other: Findings of the Board are as follows: Other: ( ) Not W'ithin the Character of the Neighborhood ( Granting the Relief Requested is within spirit of the zoning code ( Relief is not substantial ( Burden of hardship or difficulty shown ( Circumstances are unique ( Variance will not change character of the neighborhood ( ) Interests of Justice served by granting ( ) Othe]; fo~ Special Exceptions ( ) () () () () ( ) () () () () ( ) .() () () () ( ( ( ( ( ( Variance is Substantial in Relation to Code Not .i~ ~_ .~ ?it~h purposes of the Code Hardship not sufiicient Circtlmstances are Not Unique : Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Vote of the Board: Ayes: Nay: Abstain: Absent: 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, the following matters will be ,;cheduled for public hearings l~) be held by the Southold ; own Board of Appeals, at th~ Southold Town Hall, Main Road, Southold, N.Y. on We4- nesday, May 26, 1982, com- mencing nt 7:30 p.m. and as. follows: 7:30 p.m. Application of ROBERT A N D EILEEN WALL. Montauk Avenue, Fishers Island, NY 06390 for a Variance to the Zoning Ordlr~L ance, Article IlL Section 100- 32 for permission to construct detached two-car garage in the sideyard area. Location of Pro- pety: Southwest Side of Mon- tauk Avenue, Fishers Island; bounded north by Strunk and Montauk Avenue; east by Kernan & Montauk Ave.; south and west by Kernan; County TaX Map Parcel No. 1000-10-8-13. 7:35 p.m. Application of ROBERT W. GILLISPIE, JR., 15345 Main Road. East Mar- ion, NY for n Variance to the Zoning Ordinance, Article Ill. Sec'lion 100-35 for permission to increase fenced area around frontyard pool to a heighL._ exceeding the maximum- permitted four feet. Location of Property: 15345 Main Road, East Marion; bounded north by L.I. Sound; east by Swick & Woglom; south by Main Road; west by Gillispie: County Tax Map Parcel No. 1000-23-1,5., 7:40 p.m. Applieariun ~ l~hard J. Cron, Esq, Main Rced, Cutehogue, NY for Variance to the Zoning Or. dinance, Article m, Seedon 100-31 for approval of insuf- ficient area and road frontage of two parcels located at Ole Jule Lane, Matfituck; bounded north by OleJule Lane; west by Hunt and others; south OleJule Lane; east by berg; County Tax Map Parcels No. 1000-122-5.12 and 13. 7:45 p.m. Application of the ESTATE OF ANN DONA- HUE, by Madelin~ J. Hein- iseh, 86 Beverly Drive, Albert- son, NY 11507, for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for permission to construct addi- tion to dwellin~ with an insuf- ficient fruntyard setback st 41575 C,R. 48, Sunthold, bounded north by Spyropo~- los; east by 4a~n; south by C.R. 48; west by Larsen; County Tax M&p Parcel 1000-59.3-21. 7:50 p.m. Application ~ JOHN H. & KATHRYN ROSE 1710 Pike Street, Mattituck, NY for a Variance to the Zon- ing Ordinance, Article I11, Section 100-31 for permission to construct addition to exist- ing garage reducing the re~r- yard setback. Location of Pro- pe~y: 1710 Pike Street, Mntfl- tuek, NY; bounded north by Pike St.; west by Eckert; south by Verme and Pike; easy by Zebra; County Tax Map Parc~ No. 1000-140-3-19. 7:55 p.m. Application of' Environment East Inc., 3075 Indian Neck L~ne, Peconic, NY as agent for LEIGHTON W1G- LEY; for a Variance to New York Town Law, S~un 280-a~ for approval of aceess over a private right-of-way located off the north side 0f Grnd Avenue, Mattituck, NY. Location of Property: 3325 Grand Avenue; Mnttltuck, NY; bounded north by Black; west by Mslfituck 'Creek; south by Ely; east by Black & Ely; Cou/tty Tax Map Parcel No. 1000-107.1;12. 8:05 p.m. Application PETER S. TERRANOVA. 77, Peconic, NY for a Variance to the Zoning Ordinance, Article IlL Sections 100-31 and 100-34 for permission to con- struct deck with insufficient. yard setbacks and exceeding the maximum-permitted coverage requirement at 565~. Sound Avenue (a/k/a 1170 Huntington Boulevard), Pe- conic, NY: Peconic Shores Subdivision Filed Map Nos. 117 und 6.54, Park of Lot #12~ and further identified as County Tax Map Parcel No. 1000.6772-1. 8:15 p.m. Applirmtion of ANTHONY & CARMELA PRISCO. 93 Croydon Court, Albertson, NY 11507 for a Variance to the Zoning Ordin- ance, Article IlL Section I00- , 31 for permission to construct I e~tension to existing dwelling reducing the rearyard setback. ' Location of Property: 370 Sunset Way, Southold; Cedar Beach Park Filed Subdivision Map 90, Lot 161; further identified as County Tax Map Parcel No. 1000-91-1.7. G. LEVIEN, Box 992. Cutchogue NY for u VarianCe to the Zoning Ordinance, Article IIL Section 100-30A for permission to construct stor- age building on a vacant lot. ] Location of Property: 990 Beebe Drive, Cutchogue~ Moose Cove Filed Subdivision Map 3230, Lot 2S; further, identified as County Tax Map .' Parcel No. 1000-97-7-9. ~ 8:30 p.m. Application of NORTH FORK BANK & TRUST CO., by Abigail 'A~ Wickham, Esq., Box 1424...e Mattituck, NY for a Variance to the Zoning Ordinance Article VII, Sec'lion 100-71 for permission to construct a drive-in banking facility with canopy entending into the frontyard area. Location of Property: Mattitack Shopping Center. Main Road. Mattituck; bounded north by New Beth- any Cemetery Association; west by Fa~ory Avenue; south by Ardprop Inc. and Main Road; east by Main Road; County Tax Map Parcel No. 100-142-1-2{). 8:35 p.m. Application of JEROME E. & M. DOROTHY BLOOM, by Richard J. Cron, Esq., Main Road, Cutcbogue,....... NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for upprovsi of insufficient width of two pro- pored'parcels lo.ted on thn north side of Main Road, East Murionl bounded north by Ju~ne & L.I, Sound; west by. Swick & Shilder; south by, Nodine and Main Road; east by Hicks and Wilhms; County Tax Map parcels No. 1000-23- 1-10 ~nd. 11. 8:40 p.m. Application of NORMAN C.BOOS, One Ced. ar Stree4, Massapeqan, NY. 11758, by Stephen F. Griffins, Jr., F. aq.'for a Variance to tho Zoning Ordinance, Article m', Section 100-31 and Aflicle Section 100-51 for pe.mlssion to reduce land area for extstin8 marina by dividin~ premises into two parcels, each with insuficient upland area. Lbca- tion of Propen'y: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue; bounded north by Bay Ave- nue; west by Cutchogue-New Suffolk Park District and Nas- sau Point Causeway Associa- tion; south by Gruff; east by Lehmann and Broadwaters Cove; County Tax Map Parcel No. 1000.104.8.2.1. Dated: May 15, 1982 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS../' GERARD P. GOEHR1N~ER CHAIRMAN COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND 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- man once each week for / ........................................ weeks successively, commencing on the ............ ~ .................. day o~r:z..:::.~. ........... ~ ...................... 19 ......... Sworn to before me this ................................ day of .............. ................. , CI~MEh~T J, ~t"IOMP$ON NOTARY PLI~IC, State of New York ,~. 52-9321725 tie,din9 in S~olk ~ ~c~ ~mm~ion ~r~ M~b ~, ~ Southold Tow~oard of Appeals ENVIROMENTAL DECkARATION: Appeal No. 2985. Application of ALICE G. LEVIEN. Storage building on vacant lot. On motion by Mr. it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Alice G. Levien: E}~VIRONMENTAL 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 $outhold 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. 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: Beebe Drive, Cutchogue, NY. Vote of the Board: Ayes: Messrs. Douglass, -~ -'-- LEGAL NOTICE NOTICE IS HEREBY GI-VEN, pursuant to Section 267 of the Town Law and the ProVisions of the Amended CodI~ of the Town of Soothold, the ~.ollowing matters will be sch~unled for public hearings ta be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Wednesday, May 26, 1932, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ROBERT AND EILEEN WALL, Montauk Avenue, Fishers Island, NY 06390 for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct detached two-car garage in the sideyard area. Location of Property: Southwest Side of Montauk Avenue, Fishers Island; bounded north by Strunk and Montauk Ave.; east by Kernan & Montauk Ave.; south and west by Kernan; County Tax Map Parcel No. 1000-10-8-13. 7:35 p.m. Application of ROBERT W. GILLISPIE, JR., 15345 Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to increase fenced area around frontyard pool to a height exceeding the maximum-permitted four feet. Location of Property: 15345 Main Read, East Marion; bounded north by L.I. Sound; east by Swick & Woglom; sooth by Main Road; west by Gillispie; County Tax Map Parcel No. 1000-23-1-5. 7:40 p.m. Application of ERNEST E. W1LSBERG, by Richard J. Cron~ Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuf- ficient area and road frontage of two parcels located at Ole Jule Lane, Mattituck; bounded north by Otc Jule Lane; west by Hunt and others; south by Otc Jule Lane; east by Wilsbe/'g; County Tax Map Parcels No. 1000-122-5-12 and 13. 7:45 p.m Application of the ESTATE OF ANN DONA- HUE, by Madeline J. Heinisch, 36 Beverly Drive, Albertson, NY 11507, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient fruntyard ~J-t-t/~at 41575 C.R. 48, Southold; bounded north by Spyropoulos; east by Hobson; south by C.R. 43; west by Larsen; County Tax Map Parcel No. 1000-59-3-21. 7:50 p.m. Application of JOHN H. & KATHRYN ROSE, 1710 Pike Street, Mattituck, Ny for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing garage reducing the rearyard setback. Location of Property: 1710 Pike Street, Mattituck, NY; bounded north by Pike St.; west by Eckert; south by Verme and Pike; east by Zahru; County Tax Map Parcel No. 10~0-140-3-19. 7:55 p.m. Application of Environment East Inc., 3075 Indian Neck Lone, Pecente, NY as agent for LEIGHTON WIGLEY, for a Variance to New York Town Law, Section 200-a for approval of access over a private right-of-way located off the north side of Grand Avenue, Mattituck, NY. Location of Property: 33~5 Grand Avenue~ Mattituck, NY; bounded north by Black; west by Mattituck Creek; south by Ely; east by Black & Ely; County Tax Map Parcel No. 1000-107-1-12. 8:05 p.m. Application of PETER S. TERRANOVA, Box 77, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct deck with insufficient yard setbacks and exceeding the maximum-permitted lot coverage requirement at 565 Sound Avenue (a/k/a 1170 Huntington Boulevard), Peconic, NY; Peconic Shores Subdivision Filed Map Nos. 117 and 654, Park of Lot #12; and further identified as County Tax Map Parcel No. 10~0-67-2-1. 0:15 p.m. Application of ANTHONY & CARMELA PRISCO, 93 Croyden Court, Albertson, NY 11507 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct extension to existing 'dwelling reducing the rearyard setback. Location of Property: 370 Sunset Way, Soothold; Cedar Beach Park Filed Subdivision Map 90, Lot 161; further identified as County Tax Map Parcel No. 80~0'91-1-7- :20 p.m. Application ofTM LICE G. LEVIEN, Box 992, ufchngue, NY for a Variance the Zoning Ordinance, rticle III, Section 100-30A for rmission to Construct orage building on a vacant] t. Location of Property: eebe Drive, Cutchogu. e;l ooze Cove Filed Subdivision ap 3230, Lot 25; further entitled as County Tax Map rcel No. 1000-97-7-9. :30 p.m. Application of NORTH FORK BANK & TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct a drive-in banking facility with canopy extending into the frontyard area. Location of Property: Mattithck Shopping Center, Main Road, Mattituck; bounded north by New Bethany Cemetery Association; west by Factory Avenue; south by Ardprop Inc. and Main Read; east by Main Road; County Tax Map Parcel No. 1000-142-1-26. 8:35 p.m. Application of JEROME E. & M. DOROTHY BLOOM, by Richard J. Cron, Esq., Main Road, Cutehogue, NY for a Variance to the Zna- lng Ordinance, Article III, Section 100-31 for approval of insufficient width of two proposed parcels located on the north side of Main Road, East Marion; bounded north by Jayne & L.I. Sound; west by Swick & Shikler; south by Nedine and Main Road; east by Hicks and Williams; County Tax Map Parcels No. 1000-23-1-10 and 11. S:40 p.m. Application of NORMAN C. BOOS, One Cedar St e~Le~, Massapequa, NY l1758~]~'~tephen F. Griffing, Jr., Esq. for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing promises into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogne; bounded north by Bay Avenue; west by Cutchogue-New Suffolk Park District and Nassau Point Causeway Association; south by Gruff; east by Lehmann and Broadwaters Cove; County Tax Map Parcel No. 1000-104-8-2.L Dated: May 15, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Sect. 1TMy20-3967 ~' OF SUFFOLK, ] OF NEW YORK, ~ ss: ~l?.oy....G.~.~. ~.~.y.~.Qn .............. being duly Sworn, t ... Re.. is Printer and Publisher of the SUFFOLK ~' TII~gES, a newspaper published ~t Greenport, in said znd thot tbe notice, of which the annexed is a printed :s been published in the said Suffolk Weekly/ Times ~och week, ~or . . o.n..e. ..................... weeks rely commencing on the ... ~.Q~ ~ May o,~-~ ~ ................. ........... . . .-~-~-.. / 19.?r.. .......... ~ ...... ~ ...... ~ ........ ~ ............ ~ before me this .2..0.~..h ..... .~.a.y ...~ A9.~2.. ~ ... .'..'.'.'.' ...... .... HELEN K. DE VO£ NOTARy PUBLIC, State of New York No 4707878, Suffolk Term Expires March 30, 19~-~ PROFESSIONAL LAND SURVEYOR ( LIN[}£NHURST} NEW YORK CITY (WILLIAMSBURG) TITLE No. /- ¥1TLE SURVEY OF PROPERTY AT CU._TC~[ 0 G U~' CERTIFIED COPIES ARE ON FILE WITH AND GUARANTEED TO: G t,l og , N. Y. 5/lO/82 Mr. Dan J. Larkin # N.Y.S. Dept of Envir~mental Building 40 SUNY Stony Brook, N.Y. 11794 Conservation Dear Mr. Larkin: I have an application before the Zoning Board of Appeals, town of Southold, for a permit to construct a 12' x 16' accessory structure for storage of garden equipment. Having spoken on the phone with Mr. Dave DeRidder, I understand that in accordance with your land use # 50 in the TWLUR part 661 pursuant to article 25 which says an accessory structure more than 75' landward of the edge of tidal wetlands (my shed will be 190') does not need a tidal wetlands permit. I would be most appreciative of your verification of this by letter to me or to the Southold Board of Zoning Appeals. Their hearing on this matter is scheduled for Wednesday, Nay 26, 1982 so your prompt attention would be greatly appreciated by me. (can't walk through my garage without barking a shin) I have enclosed a few photos of the land, and a copy of survey showing project location. Again, thanks for your prompt attention, Very truly yours cc/Southold Board of Zoning Appeals Charles S. Levien K JUDITH T. TERRY TOWN CLERK R~GISTRAR OI VITAL STATISTICS Southold, L. I., N. Y. 11971 May 6, 1982 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning.~2~2&~_~ application of Alice G. Levien for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. JTT/bn Enclosures Town Clerk~ RECEIVED TOWN OF $OUTHOLD, NEW YORK ~MA¥, 0 ~ 1982 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We ............ .......... ................ Name of Appello,nt Street and Number _, __/....~/...~....Z..~...~....~.~''~''-~'' ........................................ ........... /~//...... ........... .HEREBY APPEAL TO .......... Municipolity .... Stote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ~....,i....~ ........... ~.."'r'" ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ./Lc ............... Name of Applicont for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street Use District on Zoning Map ...... Mop 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 nat quote the Ordinance.) 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 Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal 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 ~/ ~ ~.~ ~S L ~ Form ZB! (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces? vicinity of this property and in this use district because The hardship created is UNIQUE and is not shored by ali properties alike in the immediate CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) COUNTY OF ~'~4 pFo~4( ) SS Signature Sworn t~ this ............... ~. ............................ day of ....... /~..,~c.~/ .................................... 19~0~'. ~ /~/ Notary Public ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : /f/ic?o (~. /'~o~,,~,/y : NOTICE : TO to the Board of Appeals of the Town of Southotd : ADJACENT YOU ARE HEREBY GIVEN NOTICE: - 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (_~. ..... c .........~ ~--v ...... cf..at) (the following relief: 2. That the property whicJR is the subiect of the P~titionis located adjacent to your property and is des-~ cribed as follows: ~ ~ o ~ ~ ~ [~j'O.. ( /o~ 3. That the p, foperty which ~he subject of such Petition is located in the following zoning district: 4. That by such Petition, th.e undersigned will request the following relief: 5. That the provisions. R.q~ the Southold Town Zoning Code applicable to th,,e relief sought by the under- signed are Article /~ Sectic~. ~ ~' ~ -- ~' O,/T' / 6. That within five days frbm the date hereof, a written Petition requesting the r~lief 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. (5'16) 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: Petitioner Post Office Address~ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS CC) 9/6[ 'ad'q OOgftuJo:tSd ~ % STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS,: , being duly sworn, deposes and says thai on the ~ 7~ day of ,~ ~' ~ ,19 ~ ~ , 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 a't the United States Post Of- rice at '-~0L~/-J~ O icj ; that said Notices were mailed to each of said persons by ~(registered) mail. Sworn to before me this ~ '~ dayof /~/:) L./ ,19 FT_ ~' ' I ~ ~ Notary Pub~'~ic " / . Ne. 52-8~25850, ~ ~/ SHO!,)[ EI,IVIRO~,,,,E~,TAL ASSESSL~kNI pu~<u !~NsTRUCT IOHS: ~ I,f order thai the preparer %',ill use. currcntly available projec% and the likely impacts of the action. [% is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes ~he project may be significonf end o complefed Environmenf°l Assessmenf Form is necessary, (c) If oll ques%ions have been answered No if is likely %haf %his project answer the questions in this short EAF it is assumed information concerning the 10. 11. 12. 13. 15. signi£icont. Environmen{al Assessment }. V/iii project resul% in o large physical change to the project site Or physically al{er more than 10 acres of land? ........................ 2. Will there be a major change to any unique or · unusual land form found on the site? .......... 3. ¥/ill project alter or hove o large: effect'on existing body of water? ....................... 4. ¥/ill project have o potentially large impact on groundv/ater quality? ....................... 5. Will project significantly effect drainage flaY! on od~acen{ sites? ..................... ~-- 6. %~ill project affect any threatened or endangered plant or animal species? ........... . 7. ¥/ill project result in o major adverse effe~ on air quality? .............. ................. 8. Will project hove o major effect on visual character of ~he community or scenic views or vistas ~nown to:be important to the community?, 9. Will project Odversely impact any site or · structure of historic, prehistoric or poleon{ologicol impor{once or any site designated os c critical environmental oreo by o local agency? .......... i.-.~...v~-.v.-.-.~"~..v. ¥/ill project have a major effect on existing or fa{are recreational opportunities? ......... %~itl project result in.major traffic problems aL cause o major effect {o ex-isting transportation systems? ....................... %~ill project ·regularly cause objectionable odors, noise, glare, vi~ratlon, or electrical disturbance as a result o£ fha project's operalion? ......... ' .......... ~ ................. Will project have an)' impact on public health or.safety? .................................... %~ill p~oject affect the existing community by direc{ly causing o growth in permanent population of more than 5 percegt over o one year period pr have o major negative effect on the character of the communi{y or neighborhood? ................................. ]s there public con{roversy concerning the project? ..................... ~ ................ PREPARER'S SIGNAIU'R REPRESENTING_ Yes.NJ Yes/No Yes,~ Yes/No Yes Yes Yes ''No Yes ,""No Yes ~No Yes No Yes ~'No (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: 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) [ ] May be located within 300 feet of tidal wetiands; 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 ~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. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing ~on the premises. -[ ] not appear to Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, ~0 ". g*lA(c) ?8¸ ~3 17.6A(c) 16.0 20 7,lA(c) Creek SEE S~C NO 133 10.6A(c) ./ 7 % J KEY MAP Re(