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HomeMy WebLinkAbout2989 Southo!d Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2989 Application Dated May 17, 1982 TO: Mrs. Lucy E. Michaels 3570 Minnehaha Boulevard Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals the above on your held on June 17, 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 III , Section 100-31 [ ] Request for The public hearing on this matter was held on June 17, 1982. Upon application of LUCY E. MICH~ELS, 3570 Minnehaha Boulevard, South- old, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Minnehaha Boulevard, Southold, NY; bounded north by Laughing Waters; west by Tschiember; south by Minnehaha Boulevard; east by Young; County Tax Map Parcel No. 1000-87-3-7. The board made the following findings and determination: By this appeal, applicant seeks permission to construct a 20' by 16' deck addition to the existing dwelling, leaving an insufficient rearyard setback at 30 feet from the existing bulkhead. The premises in question has approximately 60' road frontage and an average depth of approximately 134 feet. Existing on the premises is a private one-family dwelling. Along the entire length of the water-lying edge of this property is a functional bulkhead in very good condition. Correspondence has been furnished by the applicant from the N.Y.S. Department of Environmental Conservation indicating that no permit for this project is required. 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 pur- poses of zoning; and that the interests of justice will be served by allowing the variance as indicated below. ' On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the application of LUCY E. MICHAELS.for permission to construct deck with an insufficient rearyard setback, .be and hereby IS APPROVED AS APPLIED FOR in Appeal No. 2989. Location of Property: 3570 Minnehaha Boulevard, Southold, NY; County Tax Map Parcel No. 1000-87-3-7. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. DATED: July 8, 1982 Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD RECEIVED AND FILED BY T~ SOUTHO~ TOW~ cnca~ D~T~ 7/t~l~~ ~ou~to.. ~.~.,~ MAIN ~I~AD- ~TAT~' Rr1AD 25 ~rlUTME]LD, L.I., N.Y. l~9?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR, ROSERT J. DOUGLASS JOSEPH H. SAWtCKI NOTICE IS HEREBY GIVEN, ~ursuant to Section 267 of the Town Law and the Provisions of the ~ended Code of the Town of Southold, the following matters will be held for public hearings by the Southotd Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, June 17, 1982 commencing at 7:00 p.m. and as follow: 7:00 p.m. Application of Bouton Services Inc., for JOHN J. BOGERT, Fox and Crescent Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article Iil, Section 100-32 for permission to erect antenna tower exceeding the height limitation for accessory structures. Location of Property: Private Road, Isa- bella Beach, Fishers Island, NY; County Tax MaD Parcel No. 1000-10-6-3. //-- 7:05 p.m. Application of LUC~ Et MICHA~L~, 3570 Minnehaha~ Boulevard, Southold, NY for a Variance to ~%e Zoning Ordinance,/ Article III, Section 100-31 for permission to construct deck ~ I) addition to dwelling with an insufficient rearyard setback at < 3570 Minnehaha Boulevard, Southold; bounded north by Laughing south by Minnehaha Boulevard; east~ 1000-87-3-7. Waters; west by Tschiember; by Young; County Tax Map No. 7:10 p.m. Application of VINCENT W. _ANNABEL, Stitlwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two-lot division of property located at Stiltwater Avenue, Cutchogue, NY; bounded north by Stillwater Ave., Kiernan, Annabel; west by Stillwater ~ south by Stillwater Road; east by East Creek; County Tax Map Parcel No. 1000-137-3-8. 7:15 p.m. Application of JOSEPH W. HAWKINS, 7085 Horton Lane, Southold, NY for a Variance to the Zoning Ordinance, Article II!, Section 100-32A for permission to construct windmill exceeding the height limitations for accessory structures. Location of Property: 7085 Horton Lane, Southold, NY; bounded north by Horton Lane; east by Sheffield; south by Kramer & Kempner; west by Booth and others; C~unty Tax Map Parcel No. -1000-54-7-1.004. ~Page 2 Legal Notice of HearL~s Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:20 p.m. Application of MIRI~ BATSON, 443 Main Street, Greenpors, NY for a Vari~nce to the Zoning Ordinance, Article III, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayview Drive, East Marion; more particularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124; County Tax Map Parcel No. 1000-37-4-3. 7:30 p.m. Application of SERPENTINE REAL ESTATE CORP., 695 DiEllen Lane, Elmont, NY (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article Iii, Section 100-31 for permission to have dwelling (converted from a barn) with an insufficient sideyard setback at 45300 Main Road, Peconic (near Southold); bounded north by Main Road, Cappa and Terry; west by Gradowski; south and east by Lappe; County Tax Map Parcel No. 1000-75-6-9.2. 7:35 p.m. Street, NY, NY ing Ordinance, construct accessory building Jule Lane, Mattituck; bounded south by Kim~ins; eas~ by Ole No. 1000-122-4-20. Application of ESTELLE L. WEiNRIB, 27 West 86th 10024 (by Norman Addy) for a Variance to the Zon- Article III, Section 100-32 for permission to in the sideyard area at 3400 Ole north by Wood; west by Canal; Jule Lane; County Tax Map Parcel 7:40 p.m. Application of GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permzssion to in the frontyard area at 2125 Pine Tree Road, Nassau Farms Subdivision, Filed Map No. 1179, County Tax Map Parcel No. 1000-98-1-13. construct garage Cutchogue; Lot No. 19; 7:45 p.m. Application of HENRY S. KOZEN, 1520 Donna Drive, Mattituck, NY for a Variance To the Zoning Ordinance, Article III, Section 100-35 for permission to construct 6'-high fence in the frontyard (which would exceed the 4' height limita- tion) at 1520 Donna Drive, Mattituck; Deep Hole Creek Estates Subdivision, Piled Map No. 4256, Lot No. 33; County Tax Map Parcel No. 1000-115-15-14. 7:50 p.m. Application of STANLEY AND MARY MOISA, 46 Sunset Lane, Greenport, NY for a Varmance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback au Lane, Greenport; bounded north by Mellas and Ahaesy; Romei; south by Dinizio; west by Sunset Lane; County Parcel No. 1000-33-4-63. 46 Sunset eas5 by Tax Map -~Page 3 Legal Nc~ice of Hearihgs Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:55 p.m. Application of PETER KUJAWSKI, by Stanley C. Corwin, Esq., 634 F~rst Street, Greenport, NY for a Variance: (1) to the Zoning ordinance, Article III, Section 100-31 for approval of the insufficient yard setbacks due to location of new lot line, and (2) to New York Town Law, Section 280a for Approval of Access. Location of Property: 3275 Skunk Lane, Cutchogue; bounded north by Bay Homes Subdivision, and Kujawski; east by Pontino &ano.; south by Marco; west by Skunk Lane; County Tax Map Parcel No. 1000- 97-9-10.1. 8:10 p.m. Application of ELWOOD AND CAROL HUGHES, 1711 Meadow Lane~ East Meadow, NY 11554, for a Variance to the Zoning Ordinance, Article Iii, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard at 6125 Skunk Lane, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Part of Lot 130; County Tax Map Parcel No. 1000-104-4-1. 8:15 p.m. Application of RAYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article iii, Section 100-31 for approval of insufficient area and width of two proposed parcels at the corner of Horton Avenue and Shirley Road, Mattituck; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141-1-37. 8:30 p.m. Application of GERTRUDE K. REEVES, by Richard F. Lark, Esqo, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuffi- cient depth of parcel(s) located off Cedar Birch Road, Orient; bounded north by Main Road; west by Brawner and Cedar Birch Road; south by Gardiner's Bay; east by Cedar Birch Road; County Tax Map Parcels No. 1000-15-8-20, 21, 23, 26. 8:45 p.m. Application of JAMES MANOS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for Approval of Access, New York Town Law, Section 280a. Location of Property: 400 feet easterly of Mill Road, Mattituck; bounded north by Bungalow Lane; west by Private Right-of-Way, Janis and others; south by Private Right-of-way, Wick and others; east by Boechman and others; County Tax Map Parcel No. 1000-113-6-14. 9:00 p.m. Application of NORTH PORK 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 permis- sion to construct drive-in banking facility with canopy extending into the frontyard area. Location: Mas~ituck Shopping Center, Main Road, Mattituck; County Tax Map ~arcel No. 1000-142-1-26. 9:05 p.m. Application of SOLWIN iNDUSTRIES, INC., c/o Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance, · ~age 4 Legal Notice of Hearings Regular Meeting for June 17, 1982 Southold Town Board of Appeals Article IX, Section i00-90A for a windmill farm %o be located on premises zoned C-I~ Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora and Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. 9:30 p.m. Application of SOLWIN INDUSTRIES, INC., c/o Esskes, Hefter, Cuddy and Angelt Esqs., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-90 and Article VIIi, Section 100-80 for: (a) permission to construct towers exceeding the height limitation of the zoning code and (b) an interpretation of Section 100-90A ~o the effec5 that a "windmill farm" is a permitted industrial use in this zone. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Mar!on War Memorial Association; west by Koch and others; south by Begora, Ketcha~ and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. Dated: June 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER - CHAIRMAN By Linda Kowa!ski, Secretary Instructions ~o newspapers: Please publish once, Thursday, June 10, 1982 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY on or before June 16, 1982. FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To .....~..~ ~.~..-~...~.~. k.~7 .... ~]q.~..W. a-- ..... ~57.R...~(~ fY ~t ~. ~&.. .............. ~q~ Td~.k ~ ..... for pe~it to construct... ~.~.C[~ .... .~~.~ .... ~ .... ~.¢(~ ~... at LocationofPrope~y ~ ~/~l ~B~ ~ ~LV 'D House .............................. No. ~;t ......... 7 .................. Hamlet ~o.n,~x~ ~o. ~000 ~,~t,o. ..... .~Z .... ~o~ ....... ~ .... ~o, ..X .......... Subdivision ................. F~ed Map No ................. Lot No ............. is returned herewith and disapproved on the fo~ow~g grounds ................ /~...~>4 ............ ~~. .... ~.~:.~2 ......................... Building Inspector RV 1180 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N,Y. 11971 TEL,: 765-1802 Examined ................. t9. Approved ................. 19.. - Permit No ............ Application No ................ (Building Inspector) APPLICATION FOR BUILDING PERM IT INSTRUCTIONS Date' .~. ?. 2 ..... a. This application must be completely filled in by typewriter or in ink and submitted.-i,,.-l,~i:--:~- to the Buildin~ Inspector, with 3 sets of plans, accurate plot plan to scaJe. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship ro adjoirdng premises or public streets or areas, and giving a detailed description of layout of property must be drown on the diagram which is part of th/s appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such perml~ shall be kept on the premises available for inspection throughout the work, e. No building shall be occupied or used in whole or in parr for any purpose whatever until a Certificate of Occupanc.x shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursua-nt to the Building Zone Ordinance of the Town of Southotd. Suffolk County, New York, and other applicable Laws. Ordinances oJ Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as here~n descffhed. The applicant agrees ro comply with all applicable laws, ordinances, building code, housing code, and regulations, ~nd rc admit authorized inspectors on premises and in buildings for necessary inspections. ................ (Signature of applicant, or name, if a corvoration) (Mailing address of applicant) State whether applicant ~s owner, lessee, agent, architect, end, Q-neet, general contractor, electrician, plumber or builder. ..~.~. A/.~. ~ ................................................................................... Nmne of owneT of premises ...... ZL4.C: .)/...~. .... ,f~../. C~ .~, ~?. Z~r' ................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ........ .-~..~. ~ ~.. ........ Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ..................... i. Location of land on which proposed work will be done .................................................. itou se Number Street Hamlet Conmy Tax Map No. t000 Section ....... . .~. ~. ...... Block ...... ~ ......... Lot ..... .~. ............ v 'x/ (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: b. Intended 3. Nature of work (check which appucable): New Building ... ~.. .... Addinon ........... Alteration Repair .............. Removal .............. Demolition .............. Other Work ............... ~i (Description) 4. Estimated Cost ....... ~ ....... Fee (to be paid on filing this application) $. If dwelling, number of dwelling units ............... Number of dweliing units on each floor If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify~narure and extent of each type of use ..................... 7. Dimensions of ex~st~ng structures, ~r any: Front.. '-~g~c.< .Z~.. Rear ~ ~.~ .fUT.. Depth ~. 17~.~..f~-~.. Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Heig~h/ ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front .. ~z~- ,~--e¢e.'/... Rear ............... Depth ~.zf..~.&-'-o ~7'T.. Height . D.~.~U. ..... Number of Stories ........................................................ 9. Size of lot: Front .... ~.t2..c~.e .......... Rear ...~D-7 .,~..~..~. ...... .~Dept, h ,Z ~.~.. 0~0~0~0~0~0~0~0~0~0~. ,~-..Z7 ........ 10. Date of Purchase ...l ~.z~.~. .................... ~Name of Former Owner ~'~d~[/C..~../~.,(~ ~c ~... 1 t. Zone gr use district in which premises are situated...~-.~i .~c=:.,~.~-~.~. ................................ 12. Does proposed construction vioiate any zoning !aw, ordinance or regulation: .... .~.~. ........................ 13. Will tot be re~raded ,.~.~ WiP excess fill be removed from premises: Yes No 14. Name of Owner of premises~-4kC.'/v. ~.,...,~./.~.~ Address~,~..~, .ff/.,vWc~x~f~ACZ~a?hone No. 7~:--- Name of Architect ........................... Address ................... Phone No .............. Name of Contractor ...-~..~..2 .~= .~.~'~-.~z~c/)... Address .... -~'~'¢.~:> ....... Phone No. i~7~ ..... PLOT DIAGRAM Locate clearly and distinctly ail bufld[ngs, whether existing or proposed, and, indicate all set-back d~mensions from property lines. Give street and block number or description according ro deed. and show street names and indicate whe~er interior or corner lot. STATE OF NEW YORK, S.S COUNTY OF ................. ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ......................................................................................... (Contractor, agenT, corporate officer, etc.) of said owner or owners, and is duly author/zed to perform or have performed the said work and to make and f'fle this application: that all statements contained in this application are true to the best of his knowledge and belief; and that ire work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of ...................... 19... Notary Public .................................. County (Signature of applicant) ~ TOWN OF SOUTHOLD, NEW YORK M~'~,~OM DECISION OF BUILDING INSPECTOR T~ ~ ~'~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~ DAT£ ~,,,/..~/.~.../'..~..~. 2 N~'me of Appellanrt Street and Number ............ .~.~..~..~Z~,~Z~. ....... ,¢~...:...~.~ ....................................... ~.-.....~.,~ ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ( ( ) (><3 WHEREBY THE BUILDING INSPECTOR DENIED TO ...... .............. Name of Applicant for permit ...... .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ..~.~...~..~....'~.,~./~.,~.~..,~,Z~,.....~...~ .~.., .............................. Street Use District on Zoning Map ../.~.. ~...c.~...~.....~2.-:..~ :: .2. Map No. Lot No~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section aha Peragraph of the Zoning Ordinance by number. Do not 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 tState of New York Town Law Chap. 62 Cons, Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building lnsDector or with respect to this property. Such appeal was ~ / reauest for a special oermit ( ) request for a variance ana was made m 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 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would proouce practico~ difficulties or unneces- serv HARDSHtP because '~A~ O,.~.z¥,c,'~ /,,.~ce. P---C%~/-.~,'~.~ ~ ~ 2 The nordship created is UNIQUE and is not shored oy ali properties alike ~n the immediate vicinit, of this property and n this use district becouse 3 The vor~once would observe the spirit of the Oramance and WOULD NOT CHANGE THE C~iARACTER OF THE DISTRICT because 7'~,/~_~ ¢,_~ ¢~'~,~ /¢¢-.¢~:].~'¢-~ /1¢' ) ss COUNTY O~ ) Sworn '* this .................... ./'..,~.,.,~.J .......... / Signature day of .................... ~...L..~..7 ................... 19~L DEPARTMENT OF PLANNING (516) '360-5513 LEE E. KOPPELMAN Town of Southold Board of Appeals August 23, 1982 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. ~pplicant M,,n~cipal File Number Vincent W. Annabel Peter Kujawski Raymond & Joan Young Lucy E. Michaels Henry S. Kozen Gerard Galliano Estelle L. Weinrib Elwood & Carol Hughes Annette Golden Carnes Warren E. & Ellen Hufe John E. & Patricia A. Clark 2805 2946 2964 2989 2990 2993 2994 2995 2997 3009 3010 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning 7.! by +'d-'~:" ~' Gerald G. Newman Chief Planner V[TEF~AN$ MEMORIAL HIGHWAY HAUPPAUGE' L' I" NEW YORK 11788 $outhold Town Board of Appea s MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-]809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section ~ Special Permit Appeal No.: 2989 Applicant: LUC~ E. MICHAELS Location of Affected Land: 3570 Minnehaha Boulevard, Southold County Tax Map Item No.: 1000- 87-3-7 Within 500 feet of: __ Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) COREY 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 is requesting permission to insuff, rearyard setback. construct deck with Copies of Town file and related documents enclosed herewith for your review. Dated: July 8, 1982 I~ ~'~f??! d~,'~[/]~'(,"(© /~ Sec~tary, SoardJ 6f Appeals Southold Tow~oard of Appeals July 12, 1982 ENVIROMENTAL DECLARATION: of LUCY E. MICHAELS. Variance with reduced rearyard. Appeal No. 2989. Application for deck addition to dwelling On motion by Mr. it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Lucy E. Michaels: 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 $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: 3570 Minnehaha Blvd, Southold, NY. Vote of the Board: Ayes: M~ssrs. DouuiSsz, Ccc.hri.-.ga~-, $outhold MAIN ROAD- STATI:' APPEALS BOARD MEMi~ERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Town Board o£ Appeals ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-180g June 23, 1982 Mrs. Lucy E. Michaels 3570 Minnehaha Boulevard Southold, NY 11971 Re: Appeal No. 2989 Application Dated May 17, 1982 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 June 17, 1982: RESOLVED, that the application of LUCY E. MICHAELS for permission to construct deck with an insufficient rearyard set- back, be and hereby is APPROVED AS APPLIED POR in Appeal No. 2989. 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 made o~ ~tou, t p.,wpo~a~ ~o: ?~14e,,sect~o,~. o£ O~s$~ ~e t..o,~ /1,t,.an~k~/~,~' Conae~ua,t,~on La~ d~ requlre~/ 6Znce the p¢opo.aa~ Z6 beyortd $~a~e mandated Regiona~ Permit Ad~taa~or D./L:RNT:cz ' ' BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town uf Southold, the following matters will be held for public hearings by the Southold Town Board of. Appeals at the Town Hall, Main Road, Southold, N.Y.on · Thursday, June 17, 1982 commencing at 7:00 p.m. and as follows: 7:00 p.m. Application of Bouton Services, Inc., for John J. Bogert, Fox and Crescent Avenue, Fishers Island, NY for a Variance to the Zoning/ Ordinance, Article III, Section '100-32 for permission to erect antenna tower exceeding the height limitation for accessory structures. Location of Proper. ty: Private Road, Isabella Beach, Fishers Island, NY; County Tax Map Parcel No, 1000-10.6-3. , ~ /t~LLu~c:05 p.m. Application y E. Michaels 3570 Min- , nehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to dwel ng with an insufficient rearyard setback at 3570 Minnehaha Boulevard, South-__ae old; bounded north by Laugh-~ lng Waters; west by Tschiem- ber; south by Minnehaha Boulevardb_¢ast _by Young; -C~'~a~"Tax Map No. 1000-87- 3-7. ~ 7:10 p.m. Application of' Vincent W. Annabel, Still- water Avenue, Cutchogue, NY for a Variance to the Zoning -Ordinance, Article II1, Section 100-31 for approval of insuffi- cient road frontage of one parcel proposed in a two-lot division of property located at Srillwater Avenue, Cutchogue, NY; bounded north by Still- water Ave., Kiernan. Anna- bel; west by Stillwater Rd.; south by Stillwater Road; east t by East Creek; County Tar~ Map Parcel No. 1000-137-3-8. 7:15 p.m. Application of Joseph W. Hawkins, 7085 Horton Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to construct windmill exceeding the height limitations for accessory structures. Location of Property: 7085 Horton Lane, So~thold, NY; bounded north by Horton Lane; east by Sheffield; south by Kramer and Kempner; west by Booth and others; County Tax Map Parcel No. 100-84-7.1,004. · 7:20 p.m. Application of Miriam Batson, e/o David E. Kapell, 443 Main .Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayview Drive, East Marion; more particularly ~knOwii~'~s' Gardiners Bay Estates Filed Map No. 275,.~ :n~, Lots 123 and 124; County Tax ~i~(:~ Map Parcel No. 1000-37-4-3. g:~,%~..'~'' ,?~7:30 p.m. Application of ~:"'i~i ~2 Serpentine Real Estate Corpu ' ..~95 DiEIlen Lane, Elmont, NY COUNTY OF SUFFOLK ss: STATE OF NE'vV YORK Patricia 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, ~:as been published in said Long Island Traveler-Watch- man once each week for ........................ ./.. ............. weeks . . successwely, commencing on the .................................... k,.._~\~,..: .................... ;......t.~.,.~..... ~...'~.. ............... Sworn toA~.fore me this ............ : ...................day of ................... ~:.7...-~... ........ ,t9 ........ ~ ~- CLEMENT ,J.; HOE'iI~SON NOTARY P08LI~, Slat~ iff {~w ¥o~ ;~ 52.-~21725 Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Pr°vision' of the Amended 'g:,ff I ° Code of the Town of Southold, the following matters will be ~ held for public hearings by the F SUFFOLR, Southold Town Board of Ap- I'{'EW YORK, peals at the Town Hall, Main ~ -mm Road, Southuld, NY on Thurs- d~y, June 17, 1982 commenc- ing at 7:00 p.m. and as follow: 7:00 p.m. Application o'f Bouton Services Inc., for JOIIN J. BOGERT, Fox and Crescent Avenue, Fishers Is- land, NY for a Variance to the Zoning Ordinance, Article III Section 100-32 to erect antenna lng the height limitation for accessory structures· Location of Property: Private Road, Isabella Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-106-3. 7:05 p.m. Application LUCY E. MICHAELS, 357~ Minnehaha Boulevard, South- old, NY for a Variance to the Zoning Ordinance, Article III Section 100-31 for permissinr to construct deck addition t( dwelling with an rearyard setback at: nehaha Boulevard, Southold bounded north b, Waters; west by south by Minnehaha Boule yard; east by Young; Count~ Tax Map No. 1000-87-3-7. 7:10 p.m. Application o VINCENT W. ANNABE,ars BOUC Stillwater Avenue, Cutchogue NY for a Variance to the Zor lng Ordinance, Article II] Blanc Section 100-31 for approval c insufficient road frontage ¢ $3 7q one ]parcel proposed in a tw(/$2 Drive, East ~r~}~. ~,,,~- ....... two propdge~ pa.:~,~-~ .... particularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124; County Tax Map Parcel No. 1000-37-4-3. 7:30 p.m. Applicaton of SERPENTINE REAL ES- TATE CORP., 695 DiEllen Lane, Elmont, NY (by Gary Flanner Olsen, Esq.) for a ..... ~-~ Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for permission to have dwelling (cdnverted from a barn) with an ~nsuf- ficient sideyard setback at. 45300 Main Road, Peconic (near Southold); bounded north by Main Road, Cappa and Terry; west by Gradowski; south and east by Lappe; County Tax Map Parcel No. 1000-75-6-9.2. 7:35 p.m. Application of ESTELLE L. WEINRIB, 27 West 86th Street, NY, NY 10024 (by Norman Addy) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory bulldin{~ in the frdnt yard and/or side yard area at 3400 Ole Jule Lane, Mattituck; bounded north by Wood; west by Canal; south by Kimmins; east by Ole Jule Lane; County ...... Tax Map Parcel No. 1000-122- ?:~:i 4-2o. corner of Horton Avenue and Shirley Road, Mattituck; bounded north by Young and others; west by Shirley Road; south by Horthn Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141- 1-37. 8:30 p.m. Application of GERTRUDE K. REEVES, by . Richard F. Lark, Esq., Main/ Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article'III, Section 100-31 for approval of insufficient depth of parcel(s) located off Cedar Birch Road, Orient; bounded north by Main Road; west by Brawner and Cedar Birch Road; south by Gardiner's Bay; east by Cedar Birch Road; County Tax Map Parcels No. 1000-15- 8-20, 21, 23, 26. 8:45 p.m. Application of JAMES MANOS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for Approval of Access, New York Town Law, Section 2o0a. Location of Property: 400 feet,, easterly of Mill Road, Mattituck; bounded north by Bungalow Lane; west by Private Right-of-Way, Janis and others; south by Private Right-of-Way, Wick and others; east by Boechman and' I ~ ss: Oustavson being duly Sworn, ·.. h~ · is Printer and Publisher of the SUFFOLK TIMES. a newspaper published at Greenport, in said and that the notice, of which the onnexed is a printed been published in the said Suffolk Weekb/ Times one weeks w~ek. ~or ........................... 10th commencing on the .......................... . . .qu..n. '; 'm'~e' ~,: 'J~ lOt~ 2'I to befor his ........... ! ...Jg~ .......... 19..8.2 J /,."h // HELEN K DE 90E NOTARY PUBLIC, State o~ New Yoik No 4707878. Suffolk Count~ Term Expires March 30. 19~> Copies to the foll~ng on or about June 8, Suffolk Times, Inc. L.I. Traveler, Inc. Hand Deliveries 6/8/82. Bouton Services,.Inc. (for John J. Bogert), Box 506, F.I. 06390 Mrs. Lucy E. Michaels, 3570 Minnehaha Blvd, Southold Mr. Vincent W. Annabel, Stillwater Ave., Cutchogue Mr. Joseph W. Hawkins, 7085 Horton Lane, Southold Mrs. Miriam Batso~°443 Main St., Greenport Mr. David E. Kapell as agent for Ms. Batson. Gary Flanner Olsen, Esq. for Serpentine Real Estate Corp. Main Road, Mattituck Serpentine Real Estate Corp., 695 DiEllen La., Elmont, NY NORMAN ADDY as agent for Estelle L. Weinrib, New Suff. Ave., Mattituck Ms. Estelle L. Weinrib, 27 West 86th Street, New York City 10024 MR. GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue Mr. Norman Addy as agent, New Suffolk Avenue, Mattituck Mr. Henry S. Kozen, 1520 Donna Drive, Mattituck Mr. and Mrs. Stanley Moisa, 46 Sunset Lane, Greenport Stanley S. Corwin, Esq. for Peter Kujawski, 634 First St., Greenport Mr. Peter Kujawski, Bay Avenue, Peconic Mr. and Mrs. Elwood Hughes 1711 Meadow Lane, East Meadow, NY 11554 Richard F. Lark, Esq. for Raymond & Joan Young Richard F. Lark, Esq. for Gertrude K. Reeves Mr. Tug Wilson (Gertrude Reeves file), Main Road, Orient 11957 Rudolph H. Bruer, Esq. for James Manos, Main Road, Southold Abigail A. Wickham, Esq. for NFBTC, Main Road, Mattituck Esseks, Hefter, Cuddy and Angel, Esqs., (for Solwin Industries) 108 East Main St., Riverhead 11901 -- Town Board Town Clerk Bulletin Board Individual ZBA Files ZBA Members JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS Southold, L. 1., N. Y. 11971 TELEPHONF~ (516) 765-18{}1 May 17, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No.2989 application of Lucy E. Michaels 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 th~Building Department; and survey. JTT/bnEnclosures ~~Town Ci~;~ TOWN OF SOUTHOLD, NEW YORK M AY~,lt71982 - APPEAL FROM DECISION OF BUILDING INSPECTOR tom ~ ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ............ .~.4~,~..~'~,~,/-~f ........ ~,..:...Y.~ ....................................... ~.,.;..~.. ........ HEREBY APPEAL TO Municipality State 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 ~f' X'l~'l~'li'~c~"'~;"~;e;mi~' '" of ...... .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY ..~...~..2~....1~.~./~./~.~../~./~.......~...~/Z ............................... Street Use District on Zoning Map .(.~... ~.~.~..~... ~. Z:. 2=.~?...::..7. ................. 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.) ,~,~?, 3 .~c.7~_~,/w /,~ - ~/ 3 TYPE OF APPEAL Appeal is made herewith for ~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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 (has) (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 mode in Appeal No ................................. Doted ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason ~orm (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sowHARDSHIPbecause ~e Ol~O/~x'~4rc~: p--o. ZL~ ~ ~o ~e~ 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 Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CflAr~ACTER OF THE DISTRICT because 7~/e~/'~.e ~./O._~ ~'7'~'~O,~ ,/~'u-~'o~' /Ilk/ .............. '~ignat;5 re .............. COUNTY 0'~:,~~- ) Sworn tr, this ................... /'"7"~ ........... day of .................. ~./.~ ................... 19~ t ry Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: ~? _i NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th, a~-i~--------------~!ntention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a~Variance)](Special Exception) (Special Permit) (the following relief: 2. That the property which !s the subject of the Petition is located adiacent to your cribedasfollows: .~T..~ /~]I4,'A~,,~'/..~ ./..~ /~'/- ~'//~ ~ / "~ property and is des- J 3. That the pro~rty which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A~ticle 3 ~ctLo~._ //~- ~/ 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) 7o~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. Petitioner / Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~,61 '~av 'oo8~ ~o~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: .~~ ~, ~ /lq 71 , being duly sworn, deposes and says that on the /~ day of ~ ,19 ~& , deponent mailed a true copy of the Notice set forth on the re- verse side he'of, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~o~/~ ~ , ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before nRe~this / ~C~ day ot / . -/ .[.f, . SI-iO?,T EI, IVIRO~ ,,E~,TAL ASS,.:'SSHEiql ruxm ~ IHSTRUCTIOHS: ------ (a) In order to answer the questions in this short EAF it is assumed thaf the preparer will use. currently available information concerning fha project and the likely impacfs of fha acfion. It is not expected thai additional sfudias, research or other ~nvesfigafions will be underfaken. (b) If any quesiion has been answered Yes fha projacf may be significanf and a complefed Environmental Assessment Form is necessary. (c) If all quesiions hove been answered No if is likely fhaf %his p~ojcci is not significant " (d) Environmental Assessment Will projecf result in a large physical change to the project site br physically alter more than 10 acres of land? ........................ 5. 7. 8. la. 11. 12. 13. 15. Will there be o major change to any unique or -unusual land form found on ~he site? .......... ¥/ill projec~ alter or have o large effec~'on exisling body of water? ....................... ¥/ill projec~ hove o potentially large impact on groundwater quality? ....................... Will project significantly effect drainage flow. on ad, scent sites? ' ¥;ill project affect any threatened or endangered plant or animal species? ........... Will project result in o major adverse effECt Yes.~No yes. X Yes, ~ ~o · Yes.~ N~ _.. Yes.~ No air quality? ' Yes ~No ¥/ill projecl hove o major effect on visual character of the community or scenic views or. vistas known to:be important to the community?. ¥/ill project o'dversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated os a critical environmeatol area by o local agency? ........... .-.'. '. ....~.... ;..~ Will project hove o major effect on exlslihg or future recreational opportunities?.........' ¥;ill project result in.major trafific problems ' oK cause o major effect to ex-isling lronsportolion systems? .......... W ll pro ec ..re ulorly cause ggjggUgAg ig ' odors, noise, glare, vibration, or elec%rica! disturbance os o result of the project's opero~ion? ~ Yes )~No ¥~ill project hove any impact on public health or.safety? .................................... Yes %~;ill pPoject affect the exlsting community by ' - ' directly causing o ~rowih in permanent population of more thom 5 percept over o one ycor period or have o major neDotive effect on the character of the community or neighborhood? ................................. Yes ls there public controversy concerning lhe project? ...................................... PREPARER'S SIGHATURE REPRESEHTING Yes.~ No Yes.~ No Yam. No 14 A~c/ ~0 Z.BA(c~  ~ 22 32 A HOG