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HomeMy WebLinkAbout2974 $outhold Town t o rd of Appeals MAIN I~E}AD- ~TATE ~OAD 25 Sr~UTHF1LD. L.I., N,Y, 11971 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 29~ Application Dated April 2, 1982, TO: Mrs. Lucy E. Michaels 3570 Minnehaha Boulevard Southold, NY 11971 Filed April 9, 1982 [Appellant (s) ] At a Meating of the above appeal on your [ [ ~x] the Zoning Board of Appeals held on May 7, 1982 was considered, and the action indicated below was taken ] Request for Varlance 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 100-32 [ ] Request for Public Hearing held 5/7/82: Upon application of Lucy E. Michaels, 3570 Minnehaha Boulevard, Southotd, NY for a Variance to the Zoning Ordinance, Article iii, Section 100-32 for permission to construct accessory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, NY; bounded north by Laughing Waters; west by Tschiember; south by Minne- haha Boulevard; east by Young; County Tax Map No. 1000-87-3-7. The board made the following findings and determination: By this appeal, applicants seek permission to construct an 8' by 10' accessory building in the sideyard area for purposes of storage. The premises in question has approximately 60' road frontage and an average depth of approximately 134 feet. Existing on the premises is private one-family dwelling. The entire length of the water-lying edge of this property is a functional bulkhead in very good condition. Upon inspection of the adjoining properties, the board finds that the property ~irectly to the east has con- structed thereon a similar type of structure opposite the requested location. The board agrees w~th the reasoning of applicants. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; that ~he circumstances herein are unlque; 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(s), 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 har- mony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and as specified below. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application of Lucy E. Michaels for per- mission to construct accessory storage building in the side yard (CONTINUED ON REVERSE SIDE) DATED: May 18, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS R%ge 2 - Appeal No. 2~ ~ Matter of Lucy E. Michaels Decision Rendered May 7, 1982 area as applied for in Appeal No. 2974 be and hereby IS GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the accessory storage building be constructed not closer than 55 feet from the front property line; (2) That the accessory storage building be constructed not closer than five feet from the east side property line. 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 and Douglass. (Member Sawicki was absent.) NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, May 7, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of KARL AND HELEN DIMtG, 1015 Bungalow Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permission to reconstruct and enlarge existing garage located in the frontyard area to an extent exceeding 50% of its fair value. Location of Property: 1015 Bungalow Lane, Mattituck, NY; bounded northeast by Deep Hole Creek; northwest by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-123-3-13. (A. Wickham, Esq.) 7:40 p.m. Application of Anthony Macaluso, 1175 Oak Drive, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construc~ deck to dwelling with insufficient side and front yard setbacks at 1175 Oak Drive, Southold, ~Y; also referred to as Reydon Shores Subdivision Filed Map 631, Block C, Lots 16 and 17; Suffolk County Tax Map No. 1000-80-1-39. 7:45 p.m. Application of Eugene and Patric±a Ann Mott, Box 38, RPD ~1, Middle Island Blvd., Middle Island, NY 11953 for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct building in this B-1 Zone with insufficient side and rear yard setbacks, at 31935 Main Road, Cutchogue, NY; bounded north by Imbriano; east by Mos- tupanick; south by Main Road; west by Boyd; County Tax Map No. 1000-97-5-9. / 7:50 p.m. Application o~ Lucy E. Michaels, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Artgicle III, Section 100-32 for permission to construct acces- sory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, NY; bounded north by Laughing Waters; wes~ by Tschiember; south by Minnehaha Blvd.; east by Young; County Tax Map NO. 1000-87-3-7. ~Dated: April 14, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF A~PEALS GERARD P. GOEHRINGER CRAItAWlAN By Linda Kowalski, Secretary INSTRUCTIONS TO NEWSPAPERS: Please publish Thursday, April 22, 1982 and forward one affidavit of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date . . z~..~.(L .... .~. ...... ,19..~..~.~ -£ .~..~.~. ~...~..~...~.. ~....~/.~- .~Y~.~.~.. ~. ~: ..... ,~7 7/ h~s~ ~o7 ...... Street County Tax Map No. 1000 Section ....~ ~... Block ... ;~.~ ..... Lot ...~ 7 .... Subdi~on Filed Map No ................. ~t No .................. is returned herewith and disapproved on the following ~onnds ~~.. ~.dZ~/~ . zJ. ~ ~.& ~ ~. ~...Y~ e..~e. ~~. ~.~..~....~ &. .... ... ~z~ Z~z~.. ~.. ~...~~....: ..................... ............. ~.~. ~...~. ~. '. ........... RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL sOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................. 19... Application No ............... Approved ................ , I9... Permit No ............ Disapproved a/c ...... : ............................. (Building Inspector) ~ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ~. ~ ...... 192 a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Build Inspector. with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stre or areas, and giving a detailed description of layout or' property must be drawn oil the dia~am which is part o:~t~s ap- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon apprc'.'al of tiffs application, the Building Inspector will issue a Building Permit to the applicant. Such per: shall be kept on the premises available for inspection throughout tile work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Oocepar shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for th~ issuance ora Building Permit pursuant to Building Zone Ordinance of the Town 'of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the coustruction of buildings, additions or alterations, or for removal or demolition, as herein descfib The applican! agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and adnlit authorized inspectors on prenlises and in buildings for necessarfinspeotions. ~ (Mailing address m applicant) State whether applicant is owner, lessee, agent, arc!dtect, engineer, general contractor, electrician, plumber or build Name of owner of prclniscs ....... .tn--. ?'...O-.~..././/./..~./y).4k .~..z:,~. ................................ (as on the tax roll or [atest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Plumber's License N,. ......................... Electrician's License No.' ...................... -othe, Trade s License No ............ 1. Location of land on which proposed work will be done ............................................... ...... .... ................ .................. House Number' Street Hamlet County Tax Map No. I000 Section ...i..~.:7. ........ Block ..... 3 ........... Lot..-.~. ........... Su di ,s on .......... ............... ............. (Name) 2. State existing use and ~ccupanc~ ~f premises and intended us~ and ~ccupancy ~f pr~p~sed c~n~tructi~n: a. Existing__u{e and occupancy ............:- __ ~~ .6... ~..: :.~ ~a~~ ~ ..................... Nature of work (cheek whicl, applicable): New BuLiding . . ~ ..... Addition . .'~ ..... Alteration Repair .............. Removal .............. Demolition .............. Other Work ............. ~ (Description) Estimated Cost ......... ~, ....................... ~ Fee .......... < (to be paid on 5ling this application) If dwelling, number of dwelling units .............. Number of dwelling units on each floor If garage, number of cars ...................................................................... If business, commercial or mixed occu=ancy, specify &arure and extent of each thee of use ...... Nrnens~ons or ex,sting smtctures, ffany: Front..~.~.. Roar ~~... Depth .~. Hei,zht~ .ffhT ......... ~ ~. Number o f Stories ..... ~/~ ............ ................................. D~mens~ons of same structure w~tl~ alterations or additions: Front ................. Rear Depth ...................... Height ...................... Number of Stories .................... Hei~tDimensi°ns.~. of entire~ ~new constructiOn:of Front ...~ ~.. Rear . ~~,.. Depth ./~ .~.~N~mb~r Stories . .~ .......... . .......................... ~.. Size of lot: Front ...~. ~.. ......... Rear..¢~.~ee~ ........ ~ Depth .... ~ Date 6rPorcltase ...... ~ q.q~... ................ Name of Fom~er Own~g~g~. Zone or usa district in which prom:scs are situated .... .~ ~ ~i~-~W~ ~ ............ : Does proposed construction violate any zoning law, ordi,~ance or reanlation: . .~ Will lot be regraded ...... ~ .................. Will e~cesffill be removed from premises: Yes Name of Owner of premises~.C~..~, ~.C~&~Addres~O.~/W~'~ ~hone No.~m Nam~ o, Arctut~ct ................ ~ ..... ~ ....xAadress ................... P~one No ............... N~e oI Contractor ...... ~ ~~ Address .... ~ ....... P~one No.. ~.~.~ .... PLOT DIAG RtM'vi Locate clearly ~d distinctly ail buildings, whether exis'ring or proposed, and, indicate all set-back dimensions fro: roperry lines. Give street and block number or description according to deed, and show street names and indicate wheth~ ret/or or corner lot. 'rATE OF N OUNWY ( S.S contract) }OYO nalned. .... being duly sworn, deposes and says t.hat he is the app!ic=n is the ............ ~~'..~'.. ................................................................ (Contractor, a~nr, corporate officer, crc.) said owner or owners, ea~d is dul.v authorized re perform or Mve performed th~ said work and to m~e and file ¢~i )plication; that all statements contained in tliN application are true to the bcst of his knowledge and betief; and that th 'ork will be performed in the manner set forth ~ the application filed therewith. worn to before me this ........ .... o, .... ...... ~blic .... > .... ~ ~ .~~'.. County ~ . TOWN OF SOUTHOLD, ~NEW YORK ~A~ 9198~ ~PPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. APP~.'L ~O. o~9 7 f~ ' Name of Appellont Street and Number ~.~.~.~ .................................... ~:..,Y.., ........... .EREB¥ APPEL 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 ....L..u..cz.......[., ........... ~Z~..~ ...... / Name of Applicant for permit of ... ~....~.. Z~......~../.~4~.~_~,~..~,~... ~.///~.~.....~.~... _~...~.....~... ......../...~..,..~... ............ Street and Number Municipalib/ State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .3~.?a../?Z.~,~.~Z.~,4~...../~.Z~..~ .................................. Street Use District on Zoning Map Z~.-.~....:~,~..~.,c.......~.2 ........... 7.. ................. 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 not auote 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 Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A Drewous appeal ~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special oermit ( ) request for a varmnce and was made in 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 /F~ /~- ~ts~ ~ ~ ~ ~ ~~~ [~onfinue on other sloe) REASON FOR APPEAL Continued 2. The hordsh p created is UNIQUE and is not shared b¥~ pro~l~ies 3 'Fine Variance would observe the spirit ZUIA~ACT. EB OF THE~STB~T b~cause~ STATE OF NEW YORK ) >= COUNTY OF ) / Signature Sworn to this ............. ~-~.....~:~'~'-,~ .......... day of. ............ ~ ................ ~ ~J Notary Public { ~ , / ELZ~B~ ~N NEVi~E M / ~ ~ 52-8t25850, ~*ffo~ > Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT Of PLANNING (516) 360-5513 LEE E. KOPPELMAN July 8, 1982 Purs~ant 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 Anthony 5~caluso Eugene & Patricia Mott Lucy E. >Kchaels Karl & Helen Dimig 2972 2973 2974 2976 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SC]UTHI-]LD, L.I,, N,Y. 119"71 TELEPHONE (516) 765-1809 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: X Variance from the Zoning Code, Article III. , Section 100-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No.: 2974 Applicant:Mrs. Lucy E. Michaels Location of Affected Land: 3570 Minnehaha Blvd. 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) Laughing Waters 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 i~L~CU~£~g permission to storage building in the side yard Copies of Town review. Dated:July 6, file and related documents enclosed herewith for your 1982 ~"f~/ Secr~ry, Board/of ~ppeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW[CKI $outhold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 =:OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 May 18, 1982 Mrs. Lucy E. Michaels 3570 Minnehaha Bou&evard Southold~ NY 11971 Re: Appeal No. 2974 Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Southold Town Board of Appeals MAIN RrlAD- r~TATE RI'lAD 25 SrlUTHnLD, L.I., N.Y. llg'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 13, 1982 Mrs. Lucy E. Michaels 3570 Minnehaha Boulevard Southold, NY 11971 Re: Appeal No. 2974 Dear Mrs. Michaels: This letter will confirm that the following action was taken at a Regular Meeting of the Board of Appeals held last Friday, May 7, 1982 concerning your appeal application: RESOLVED, that the application of Lucy E. Michaels for permission to construct accessory storage building in the side yard area as applied for in Appeal No. 2974 be and hereby IS GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 0 P Y (1) That the accessory storage building be constructed not closer than 55 feet from the front property lin~; (2) That the accessory storage building be constructed not closer than five feet from the east side property line. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk in the near future and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call. If you wish to start construction, please return to or call the Building Department for issuance of your building permit at 765-1802. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Building Department By Linda F. Kowalski Secretary 1t garage, number of cars i. lf. ousmess, cm.lm,~rc~al or mql~occupancy, specify hart,re and extentl~each tw~e of use. .--.- . . ................. ~- si~.)ff e}~n~s,m St. ~fa~y: Front..~.~.~¢~.. Rca~e~... Depth ,= .... ~-a ~ .-. ~/.. l~umour oI Stories .... ~/Z~ ......................................... D~mens~ons of same structure witli alterations or additions: Front ..... . Rear .... Depth ...................... ltei~t Number of Stories ~t. Dimensions of entire new construction: Front .. ~ ~.. Rear . ~~... Depth . Height -7-.~.~e~N~,m~r orSto~=,..~e ............ · ........... ~ ......... ). Sis= or,or: F~ont ...~:~e~.. ........ Rear..f~ ~ee~ .......... Depth ....~.~. ). Data o'rPurc~a,= ...... ~g. qg .................. Nam= or Fom~=r O,vn~/~ ~/.C~O.. I. Zon= or us: dish,c= in which premises are situated...: .~e~/~/~.~ ~ ..... [:. .............. ~ Does propozod construction violate any zoning law, ordinance or regulation: . .~ ........... ~¥ilI lot be regraded ...... ~ ........ Will excess fill be remoyed from premises: Yea · ( ~. aa,ne or o,..'ncr of prom i,:, ~.c7. .g. ~/~~dr=s~Pv.~,~Xv~. ~hon= No.WO~ . on So. PLOT DIAG RAM "~ Locate clearly ~d distinctly all buildings, whether existing or proposed, and. indicate all set-back dim:nsions fr roperty lines. Give street and block number or description acccrding to deed, and show street names and indicate wh=tl ;terior or corner lot. rATE OF OUNTY $.S '1 (Nan{e of indivi, contract) J o;'-.- nan~ed. ·. being duly sworn, deposes and say~ that he is the applica e is the ............ ~.C.~<,.~/t_..-~. (Contr~-ctor, agent, corporate officer, etc.) .............. .r said owner or owa~rs, m~d is chtl.v authorized to perform or have performed th,: said work and to make and file ~ )plication; ~-~at ail stat,.'mt'~ts contained in this application are true to the best of isis knowledge and belief; and that tt 'ork ;viii be performed in the manner set forth hi tlie application filefl t!~erewitb. worn to before me this THURSDAY, APRIL 22, 1982 NOTICE NOTICE IS HEREBY EN. pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and thn following public hearings will be held by the Southold Town Board of Appeals at the Town Hall. Main Road. Southold, N.Y. on Friday, May 7, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of KARL AND HELEN DIMIG, · 1015 Bungalow Lane, Matri- tuck, N.Y. for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permis- sion to reconstruct and enlarger existing garage located in the frontyard area to an extent exceeding 50% of its fair value. Location of Property: 1015 Bungalow Lane, Matti- tuck, N.Y.; bounded northeast by Deep Hole Creek; north- west by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-123-3-13. (A. Wick- ham, Esq.) 7:40 p.m. Application of Anthony Macaluso, 1175 Oak Drive, Southold, N.Y. for a Variance to the Zoning Ordin- ance, Article lIl, Section 100- 31 for permission to construct deck to dwelling with insuf- ficient side and front yard~,~ setbacks at 1175 Oak Drive~" Southold, N.Y.; also referred' Subdivi-' to as Reydon Shores sion Filed Map 631, Block C, Lots 16 and 17; Suffolk County Tax Map No. 1000.80-1-39. 7:45 p.m. Application of Eugene and Patricia Ann Mort, Box 38, RFD #1, Middle Island Blvd.. Middle Island, N.Y. 11953, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct building in this B-1 Zone with insufficient side and rear yard setbacks, at 31935 Main Road, Cutchogue, N.Y.; bounded north by Imbri- ano; east by Mostupanick; south by Main Road; Boyd; County Tax Map 10~0-97-5-9. · 7:50 p.m. Application Lucy E. Michaels. 3570 Min- nehaha Boulevard, Southold. N.Y. for a Variance to the Zoning Ordinanco, Article Section 100-32 for permission building in the Southold, N.Y.; by Laughing Waters; west by Tschiember; south by Minne- haha Blvd.; east by Young; County Tax Map No. 1000-87. 3-7. ,Dated: April 14. 1982. BY ORDER OF THE SOUTHOLD TOWi~ BOARD O~F APPEALS~ GERARD P. GOEHRINGER CHAIRMAN · By Linda Kowalski, Secretary Patricia Wood, being 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 ....... ..~,.'...~./.. .................. I ......... ............. , Sworn to before me this ..... ._...f[~..:. .............. day of TJ LEGAL .NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section ~ of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Begular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, May 7, 1982 commencing at 7::10 p.m. and as follows: 7:30 p.m. Application of Karl and Helen Dirnig, 1015 Bungalow Lane, Mattituck, NY for a Variance to the Zon- ing Ordinance, Article XI, . Section 100-11SE for - permission to reconstruct and enlarge existing garage locaiea in ~he frontyard area to an extent exceeding 50% ol its fair value. Location of Property: 1015 Bungalow Lane, Mattituck, NY; bound- ed northeast by Deep Hole Creek; northwest by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-133- 3-13. (l. Wickham, Esq.) 7:40 p.m. Application of 'Anthony Macaluso. 1175 Oak Drive, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct deck to dwelling with insufficient side and front yard setbacks at 1175 Oak Drive, Southold, NY; also referred to as Reydon Shores Subdivision Filed .',lau ~131, Block C, Lots I6 aha 17; Suffolk County Tax Map No. 1000-30-1-39. 7:45 p.m. Application of ..Eugene and Patricia Ann Mutt, Box 38, RFD #1, Middle Island Blvd., Middle Island, NY 11953 for a Variance to the Zoning Ordinance, Article VII, ' Section 100-71 for permission to construct building in this B- I Zone with insufficient side and rear yard setbacks, at 31935 Main Road, Cutchogue, NY; bounded north by Imbriano; east by Mostupanick; south by Main Road; west by Boyd; County Tax Map No. 1000-97-5-9. · 7:50 p.m. Application ILucy E. Michaels,r 3570 Min-) ~nehaha Boulevard, Sou.a ;~: NY for a Variance to the Zca lng Ordinance, Article III,/ Section 100-32 for permissionl to construct accessory stor. age building in the sideyard area at 3570 Miunehaha Boule- vard, Southuld, NY; bounded north by Laughing Waters; west by Tschiember; south by · Minnehaha Blvd.; east by I Young; County Tax Map No. 1000-87-3-7. ~ Dated: April 14,1982. ~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER . CHAIRMAN By Linda Kowalski, Secretary 1TAZL3937 Sworn to before me t~iS~, .2.2.n..c). ..... I ~ I ....................... ......... HELEN K DE V0E NOIARY PUBLIC, Sta!e ol Ne,,',' York No ,1707878. Suflotk CountL_ Term Ezp,es March 30, 19~_- ) 631, p No. on of 4iddie to the [e VII, ission ;his B- t side ks, at n by by Main -'ounty ion of :) Min- nehaha Boulevard, Southold, NY for a Variance to the Zon- 'lng Ordinance, Article III, Section 100-32 for permission to construct accessory stor- age building in the sideyard area at 3570 Minnehaha Boule- vard, Southold. NY; bounded north by Laughing Waters; west by Tschiember; south by Minnehaha Blvd.; east by Young; County Tax Map No. 1000-87-3-7. Dated: April 14, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1TAm-aga7 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~' ss: Troy~ Gustavson ..................................... being duly Sworn. says that .......,he is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~xt Greenport, in said county: and thnt the notice, of which the annexed is a printed copy. has been published in the said Suffolk Weekly Times once in each week, ~or one ........................... weeks successively commencing on the .~d .................... day of ...Ap.re_i '~ Sworn to before me t is, ..2.2.19..d ..... HELEN K DE V0E NOTARY PUBLIC, Slate ut New York No 4707878, Suffolk County Term B~p~res Match 30. 19~-~ Legal Notice of H~ings Copies on April 16, 1982 Abigail A. Wickham, Esq., Mr. and Mrs. Karl Dimig, 1015 Bungalow Lane, Mattituck, NY 11952 for M~y 7, 1982 to the following: attorney for Mr. and Mrs. Karl Dimig 11953 Mr. Anthony Macaluso, 1175 Oak Drive, Southold, NY 11971 Mr. Robert L. Hyatt, Horton's Pt., Southold, NY (builder) Mr. and Mrs. Eugene Mott, Box 38, Middle Island Blvd, M.I., NY Mrs. Lucy E. Michaels, 3570 Minnehaha Blvd., Southold, NY 11971 Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Members of the Zoning Board Individual Files Southold Town of Appeals 14, 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2974. LUCY E. MICHAELS. Variance to construct accessory building for storage in the sideyard area at 3570 Minnehaha Boulevard, Southold, NY near Laughing Waters Subdivision area. On motion by Mr. Goehringer, seconded by Mr. Douglass, 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 Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located any closer to tidal wetlands area than the existing dwelling house. N.Y.S. DEC generally does not require a permit therefore. 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: NY; CTM No. 1000-87-3-7. 3570 Minnehaha Boulevard, Southold, Vote of the Board: Ayes: Grigonis, Doyen and Sawick-i. M~ssrs. Douglass, Goehringer, JUDITH T. TERRY TOWN CLERK REGISTRAR O]' VITAL STATISTICS Southold, L. I., N. Y. 11971 April 9, 1982 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Trasnmitted herewith is Zoning Appeal No. 2974 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 Didapproval from the Building Department; and survey. JTT/bn ~ ~ie~rr~ Enclosures TOWN OF $OUTHOLD, NEW YORK ~APR ~ ~98;~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAl.. NO. ~_979 ,^,, ..... .... Name of Appellant Street and Number .......................... .................................... ~wunicipo ity 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 of Applicant for permit o, ................ Street and Number Municipality State ( ) PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY ,. LOCATION OF THE PROPERTY ,.~.,2-~?.O..//'./l..~.N...e..,.//-~..,~.......~.,~.~.:. ....................................... Street Use District on Zoning Map .l~--~....~.~..*.~...~.~. ............... .?.. ................ 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. TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning Ordin.ance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 6:2 Cons. Laws 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 appeal 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 r)equested for the reason that ~' ~_~-~ ~om ~i ~ (Conhnue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE oRDINANCE would produce practical difficulties or~ unneces- sary HARDSH,P becou,e I1= ~pL~J D~ bo~ L~I, ~ ,,~ 7Xe ~ 7~ 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 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE /N O~ ) ss ~ ...................... COUNTY ) / Signature Sworn to this .......... ~ ......... day of ........... ~-~ ..................... 19~:2~-- \ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intenrion of the undersigned to petition the Board of Appeals of the Town of S~outhold to request a (Variance) (~--! £~'~.l:~m,),(Bpeci~i ~ (the following relief: / ~/ -,,/ - / - That the property which is the subject of the Petition is Io~;ated adjacent to, your property and is des- cribed as follows: 3~.'~ /'~/~b'~,.~,~/.~ /~ZI/.-/ ~__~_~:::7~'/a~'c7 ~'/,-~ae ..... ~ ,-,/ -.,/ - ...,, 3. That thej~roperty which is the subject of such Petition is located in the following zoning district: 1' 4. lhat by such Petition, the undersigned will request the following relief: "~'~' f ~ - / .. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A:tJ.cle _~ ~tJ. on /~,Tn:~ --,~ ,2, 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (516) 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: r / Petitioner Post Office Address a W. Y. wqw PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS //771 D FOR DOMESTIC AND I FOR INSURANCE -- POSTMASTER MAIL, DOES NOT PROVIDE PS FORM MAY1976 3817 U.S. GOVERNMENT PRINTING OFFICE: 1979-752-524 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: ~c-~'~a ~. ~C)/~q/~ /~/ · /1/ ' ~/ ' being duly sworn, ~lepos~s and says that on the~.~Y~' day of - ' ,.~. ~ ? ~ ~ ' , ~ ~ c~;~c:~- , deponent mailed a true copy of tl~e Notice set forth on'-~'-~-I~e re- verse side he'of, ~lirected 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~.sessmerlt roll of the Towrk of.S. outhold; that said Notices were mailed at the United States Post Of- fice at (('---~ ~ C,L,~"~'L ~' /~ /~,~ that said Notices were mailed to each of said persons by (certified)"ff~gistered) mail. ~ t~ Sworn to be,~r'c~e me this day of ~.~,~~'~ 9 -- 0 Not;r;Pubiic {LI~EI'H ANN ~1~ ~BLIC, ~ To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of 3~ ~/~//~/~t~ ~V~ Location of Property: ~v~Z~d/ ~/,-~. ~7/ 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 please be advised that the application: State Environmental Conservation Law, subject property iQ the within appeal (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; ho%.;ever, 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 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, (Signature please) ;.~ INSTRUCTIONS: SHO?,T EHVI RONN{ENTAL ASSESStA~:N I --------~) I'~ order to 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 action. It is not expected that additional studies, research or other investigations v~ill be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No it is likely that project is not significant. ..' (dj Environmental Assessment . 1. W±$1 project result-in o large physical change to the project site or physically alter mote Yes)~No than 10 acres of land? ....................... 2. Y/ill there be a major change to any unique or Yes.~No -unusual land form found on the sit&? ......... , , 3. ¥1ill pro3ect alter or have a large effect on existing body of water? ...................... YDS X 4.. Will pro3ect have a potentially large impact on groundwater, quality? ...................... Yes.~ 5. Will project szgnificontly effect drainage flow on adjacent sites? ....................... Yes, ~ NO 6. ¥1ill pro3ect affect any threatened or endangered plant or animal species? .......... ,Yes ~ No 7. ¥1ill pro3ect result in o major adverse on air quality? .............. ................., , Yes.~ No 8. YJill pro3ect have a major effect on visual character of the community or scenic views or vistas known to:be important to the community?. Yes~ ~o ~. ¥;ill project adversely ~mpoct any site or structure of historic, prehistoric or o° paleontological importance or any site designated es e critical environmental area by o local agency? ............ ~:..'~'~'-~"'"'~'~''L Yes,~ No 10. ¥;ill project have a major effect on existing or future recreational opportunitiqs? ......... Yes, 11. Will project result in.major trafific problems o~ cause a major effect to existing transportation systems? ....................... , Yes, ~ No 12. Will project .regularly cause objectionable odors, noise, glare, vibration, or elec'~rlcal disturbance es a result of the project's · [ion? ' Yes ~ No opera ..................................... 13. Will project have any impact on public health or.safety? .................................... Yes, X No 14. Will p~oject effect the existin~ community by directly causing a growth in permanent population of more than 5 percegt over o year period o~r hove e major negative e~[ect on the character of the community or neighborhood? ................................. Yes. 15. ls there public controversy concerning the project? ...................................... Yes~ No PREPARER'S S IGNAIURE ,_~ ~ TOWN OF SOU I0 98.0 a (c) 2o 44. SEE SEC. NO. 133 HOG