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HomeMy WebLinkAbout3041 Southold Town Board o['App Is ~AIN EDAD- ~TATE I~AD 25 SrlUTHrlLD, L,t,. N.Y, 11g71 TELEPHONE 1516J 785-180g ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3041 Application Dated September 27, 1982 TO: Mr. and M~s. Peter R. McDonnell RR~t, North Wading River Road Wading River, NY 11792 Mr. William J. Jacobs, Builder [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on October 21, 1982 the above appeal was considered, and the action indicated below was taken on your [X] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for WHEREAS, Appeal No. 3041, filed on September 27, 1982 for right-of-way known as "Miller's application of Peter R. McDonnell was approval of access over a private Road" or "Bungalow Lane," a~ Mattituck; WHEREAS, on October 7, 1982, Appeal No. 3045, Mr. and Mrs. Donald Shaw, was filed for approval of rights-of-way, including the subject right-of-way, "Bungalow Lane," and application of access over several "Miller's Road" or WHEREAS, a not~ce of public hearing was duly advertised in both the official and local newspapers of the town as required by law for the relief requested in both applications, under the name of Mr; and Mrs. Donald Shaw; and WHEREAS, on October 21, 1982 a public hearing was held for the relief requested in the within application; and WHEREAS, on October 21, 1982 approval of access was granted over this right-of-way known as "Miller's Road" or "Bungalow Lane"; NOW, THEREPORE, on motion by Mr. Grigonis, seconded by Mr. Sawicki, BE IT RESOLVED, that Appeal No. 3041, application of Mr. Peter R. McDonnell, be and hereby IS WITHDRAWN for the reason that the relief requested in this application has been approved under the application of Mr. and Mrs. Donald Shaw an Appeal No. 3046. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. AND FILED BY *':~ SOUTii©LD TOWN DA?E /~/¢~ HOUR ~fc%¥n Clerk, Tovm ~-~d DATED: October 26, 1982. Form ZB4 (rev. 12/81) ~AIRMAN, SOUTHOLD T~WN ZONING BOARD FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................Date ..............................~....~/~ 19 d~'Q''' ..... To..~..~.....~.~.... ~¢~...~. ~ ...... ~.~.. ~..~.. ~.~...//r~ PLEASE TAKE NOTICE that your application dated ............... ~.~., 19~. for ~...~.~ .~T~ .................................... at Location ofPrope~y ...~.{ ~ ............ & .~~... ~ ~~ Ho~so tvo. 6'rreet ............ ~/e~ County Tax Map No. 1000 Section .... ~ ~.~ .... Block ....... {. ~:... Lot., ~. ......... Subdi~sion ................. Filed Map No ................. ~t No .................. i~a ~w~t~ ~d d~a~o~ o~ ~ ~o~ow~g ~o~d~. ~ ~ ~ ............. .............. TOWN OF SOUTHOLD, NEW YORK SEP :8 7 APPEAL FROM DECISION OF BUILDING INSPECTOR T~ ~ ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number Wading River New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED 9/16/82 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Peter McDonnell Name of Applicant for permit of .. ~.~.... ~ .:....~.......~ .~..C1:.~..~...~....~..~ .~...e.?....~.t: ...~..c1; ~..~..~....~.3:..~.~.~ ,....~ :..~.....~. ~ .~ ~.~.... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Access approval 1. LOCATION OF THE PROPERTY ~.~.~....~9..~...~...~..~.d:.~-~-'~..~.t.~.~..e.~:.~.:.~;.~..~.e.~...~.~...6.:... Street Use District on Zoning Map .BIQ.Ok .. 10., ...La3...?..,...C.aunt ~...Tax.. t~.at~ .. N.o. 1000 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 numben Do not quote the Ordinance.) Art 16 Sec. 280A Subsection 3 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (3:) 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 (~s]l:(has not) been made with respect to this decision of the Building Inspector or with respect to thi~ property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ....;....; ............................................................ REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is re;quested for the reason that F (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar,~ HARDSHIP because without ~pprov~l of this ~ppe~l I will be unable to build a house on my land 2 The hardsh o created is UNIQUE and is not s narea ov all properties alike m the immediate vicm'ry of this property and in this use district because 3 The Variance would observe the scirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ~ COL xlTY O ) Sworn 1'o this ............... ,~..~. ........ Sig nat.~J.~ day of..~~ .......... 19 ~c~2- ~ Notar~ Pubic~/ ~.OTARY PUBL!~, ~ ~f New Y~rk ~o, 52-~12~5~, Suffolk O~un~y Te~ ~Jr~s ~are~ 30, APPEALS BOARD MEMRFRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN R[3AD- STATE Rr~AD 2S S[3UTMr'ILD, L.I., N.Y. llE~'T1 TELEPHONE (516) 765-1809 October 26, 1982 Mr. Peter R. McDonnell RR #1, North Wading River Road Wading River, NY 11792 Re: Appeal No. 3041 for Approval of Access Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office 765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Mr. William J. Jacobs GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 50UTHOLD, L.)., N.Y. llg?l TELEPH(~NE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 15, 1982 Mr. Peter R. McDonnell RR 91, North Wading River Road Wading River, NY 11792 Re: Appeal No. 3041 Dear Mr. McDonnell: Enclosed please find a copy of our agenda for the next Regular Meeting to be held October 21, 1982. We have tried to contact you by telephone phone but have been told your number is unlisted. Please contact us at your earliest convenience. Yours very truly, Linda F. Kowalski, Secretary Page 2 - Agenda I Regular Meeting - Oc~ber 21, 1982 Southold Town Board of Appeals Public Hearings (continued): 8:05 p.m. 8:10 p.m. 8:15 p.m. 8:25 p.m. 8:30 p.m. Appeal No. 3044. NICHOLAS W. IPPOLITO by G. Olsen, Esq. Variance to construct addition with reduced rearyard at 235 Carol Road, Southold. Appeal No. 3045. BRIGITTE GIBBONS. Variance to construct addition to dwelling with an insufficient sideyard area at 3475 Ole Jule Lane, Mattituck. Appeal No. 3029. NORTH FORK BANK & TRUST CO. by A. Wickham, Esq. Variance to construct drive-in facility with canopy extending into the fron'tyard area at the Mattituck Shopping Center. Appeal No. 3046. MR. AND MRS. DONALD SHAW by P. Stouten- burgh. Variance for approval of access. Location of Right-of-Way: Off the east side of Jackson's Landing Road, Mattituck. Appeal No. 3039. CHARLES AND BEATRICE WARD. Variance for permission to retain present location of accessory storage building in the frontyard area at 2100 Paradise Point Road, Southold. Closed Session for Deliberations on the following: Appeal No. 3037. Appeal No. 3047. Appeal No. 3036. Appeal No. 3038. Appeal No. 3040. Appeal No. 3042. Appeal No. 3043. Appeal No. 3044. Appeal No. 3045. Appeal No. 3029. Appeal No. 3046. Appeal No. 3039. MARTIN & ALMA SUTER. ALEXANDER GASTON. RA/~PH L. & JANE M. ARMBRUST. MICHAEL & ANNETTE COLLINS. JOSEPH D. BURRUANO, ESQ. ANDREW PAFITIS. GUS KYRKOSTAS. NICHOLAS W. IPPOLITO. BRIGITT~ GIBBONS. NORTH FORK BANK & TRUST CO. MR. AND MRS. DONALD SHAW. CHARLES & BEATRICE WARD. Appeal No. 3041. PETER R. McDONNELL. Resolution Reconvening Regular Meeting and Rendering Decisions on above. × / /× / / / M~TTITUC-i,~ JUDITIIT TERRY TOWN CLERK REGISTRAROI VITAL SI xI OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 1982 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 3041 application of Peter R. McDonnell 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 of property. ~ 'Judith T. Terry ~ Southold Town Clgrk JTT/bn Enclosures RECE!VE9 SJzP ~ 7 1~ TOWN OF $OUTHOLD, NEW YORK ~ ~ ~L FROM DECISION OF BUILDING INSPECTOR APPEAL NO ~l~)g~j/ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~ l~.e. tez..R....~c[lo~nell ...................... of .2R...1,...N.,...Wad.Ln~...R.l.v~r....Bd.,.,.~d.Ln~ Name of Appelia,nt Street and Number .......... W..adinE River ........................... ~/,..M,Q~k ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 9/16/82 APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Peter McDonnell Nome of Applicant for permit of RR 1, N. Wading River Rd Wading River New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Access approval 1. LOCATION OF THE PROPERTY 210 Raccoon Rd., Mattituck, N.Y.; Section 106, Street Use District on Zoning Map J ~'0/ ~ Block 10. Lot 7, Count~. Tax .M...a.p..N.p. 1000 ...................................... E;; Mop 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.) Art. 16 Sec. 280A Subsection ~ 3 TYPE OF APPEAL Appeal is mode herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (x) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~Z(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ..................... Dated ...................................................................... (x) ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because without approval of this appeal I will be unable to build a house on my land 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 3 The Vc:riar~ce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CtlARACTER OF THE DISTRICT because ~worr~ t.r. this ..................~..,~. ............. day of.~ .................. 19 o~,~ ~0. 52.8125850, Suffolk Courd~v Term Expires March 30, ]~f./ I~OARD OF APPEALS, TO~WN OF SOUTHOLD In the Matter of the Petition of : Peter R. McDonnell : : to the Board of Aooeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER 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) (~i~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 210 Raccoon Rd., Mattituok. New York.bounded as follows, NORTH by Land of Mark Boeckman and wife; EAST by Raccoon Rd.; SOUTH by Land of R. E. Hiltz and wife; WEST by Land of James Manos and wife. . 3. That the property which is the subject of such Petition is located in the following zoning district: "A" - Residential/Agricultural \ re u s h f I I a royal of / 4. That by such Petition, the undersigned will q e t t e o lowing re ief: Pp ,access to the noted lot for purpose of construction of private dwelltn~ $. That the provisi~Tns of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article 16 Sectic~_ 280a Subsection ~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing mlat be publid~ed at least five days prior to the date of such hearing in the Suffolk Tim~ and in Re Lon~!da.~l Tta~er-Matt. ituck Watchman, newspapers published in the Town of Soutbold ~'~t~. ~ ~al[':~!~l~ ~$tol! of ~ notices; that you or your representative have the Petitioner / River Rd. Wading River, N.Y. 11792 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mark Boeckman and wife James Manos and wife R. Hiltz and wife Box 561, Jamesport, N.Y. 11947 2440 Brigham St., Brooklyn, N.Y. 11235 7 Levon Ln., Miller Place, N.Y. 11764 . ~ ~ , STATE OF NEW YORK COUNTY OF SUFFOLK ss.: [N~ '(/t(~f~ ~ ' ' ', ~"~ dUl~:~wO~~, d~POs~ and ~ys ~hat on the Z ~ day of ' ~ ~ ~ . ,19 ~ ~, deponent mailed a true copy of the Notice set forth on the re- ve~ side hereof, directed to each of the above-na~d ~ons at the addres~s set opposite thor r~pective name; that the addresses set opposite the nam~ of ~id ~rsons are the addresses of said persons as shown on the current ~s~smen%roll of the Town of Southold; that ~id Notic~ were mailed at the United States Post rice at ~/~ ~1U~ ; that said Notic~ were mailed to each of said persons by (certified) ('~d) mail. day ~9 / / Notary Public I~J. AIN ROAD, EOUTE 2..q MATTITUCK, N.Y. liPS?' William ~ickh~m ~in ko~d "'~ Mattituck, N.Y. 119~2 February 18, 1981 ~ .... Re:' Burke with McDonnell Dear }ir. Wickham: Herewith are;'pe~tinent facts in coralection with above p~oposed convey&nco: ', '~; //Property: '~ witi~ othe."n, to the waters of }~ttltucl¢ C~eek. Unimproved building plot, known as Suction 106, Block 10,~ Lot ? on the SuffoLk ComIty Tax Map. Being on tile west side of l%accoon ~oad (a private road) 129' south of ~.~iil~-~s i~it~ht of %'~ay (a p~ivat~ ~oad) Hide-A-U~y E~tatc~, )lattituck, N.Y. It is bo~ded East approximately 133' by ~accoon ~oad; South approx- imately '26i' by lands of Siehert; %'Jest approximately ima%ely 247' by lands now o~ forme~l~ of Dl~tz. .Tol~e~he~, with a p~dostri&n ~i[ht of way,in co--on Sellers: Lawrence L'arke and ;%,~n.~'i Burke, his wife ~norvilie, M.¥. ~' ~..~ (S~6-878-0~3~) (5~6-298-§353) · ~.~ , ] :.~ II___STRUCT ]O~IS: $,qOiCi- EIIVI ,O~,,.t[:IqTAL ASSESSt/h:14~ (a) I~ order td answer the questions in this short EAF it is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the aerie¼. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered I4o it is iikely that this project is not significant. - (d) Environmental Assessment ' 1. %'Jill project result in o large physical change to the project site or physically alter more than 10 acres of land? ................. Yes //No 2. Will there be a major change to any uniq~'~" ' -unusual land form found on the szte ...... . Yes, 3. ~'/ill proDact alter or have a large' effect on . existing body of water? .................... Yes /No 4. Will pro3ect hove a potentially large impact ' ' on ground'.,/ater quality? .............. : .... .. Yes 5. Will pro3ect significantly effect dra%nage ' flow on adjacent sites? .................... Yes /No 6. %'/ill project affect any threatened or endangered plant or on~mal species? ......... ... Yes. v' No 7. ¥/ill project result in o major adverse effe~t air quality? Yes v/ No 8. %'/ill project have a major effect on visual character of the community or scenic views or vistas known to:be important to the community?. Yes./_No 9. %'/ill project adversely ~,.~poct any site or .. structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo 10. Will project have a major effect on existing or future recreational opportunities? ......... Yes v/No 11. %'7ill project result in .major traffic problems' or. cause o major effect to existing transportation systems? ....................... Yes ~ No 12. %'/ill project .regularly cause objectionable odors, noise, glare, vibra%£on, or electrical disturbance os o result of the project's /No' opera,lan? ......... ' ............................ Yes 13. %'~ilt project halve a;1)' impact on public health or .safety? .................................... Yes. o 14. %'1ill p~oject affect the existing community by ' directly causing o growlh in permanent population of more thom 5 perccgt over a one year pcrlod or have o major negaiive effect on the chafe'afar of the community or neighborhood? ................................. Yes No 15. ]s Lhere public controversy concerning the ~o'ect9 . . Yes REPP, ESEHT]NG_ ~------~ (~/ · ' DATE To: £outho!d Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of cation 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 b~ 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 ~=+ wa~ con .... e -- existing on ~h- 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, '~ ( Sign~ ~ure ' ptea~s~- - ~95A(c) 27 77? I 8 ~tcl 13, 5.2 5.1 ,2A(c) FOR PARCEL NO SEE SEC NO 113 --. ~7~06-014 oF 13,