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HomeMy WebLinkAbout2992 IvlAIN J~EiAD- STAT~ ~aAD 25 ACTION OF THE ZONING BOARD OF Appeal No. 2992 Application Rated May 20, 1982 TO: Mr. and Rs. Stanlsy Moisa 46 Sunset Lane Greenport, NY 11944 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE(516 765-i809 APPEALS [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 17, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance ~ticle , Section [X] Request for Variance to the Zoning Ordinance Article III, Section 100-32 [ ] Request for The public hearing on this matter was held on June 17, 1982. Upon application of STANLEY AND ~ARY MOISA, 46 Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article IIi, Section 109-32 for permission to construct addition to dwelling with an insufficient rearyard setback a~ 46 Sunset Lane, Greenport; bounded north by Mellas and Ahaesy; east by Romei; south by Dinizio; west by Sunset Lane; County Tax Map Parcel No. 1000-33-4-63. The board made the following findings and determination: By this appeal, appellants seek permission to construct an 8' by 21'5" addition attached ~o the rear of the existing dwelling, leaving a rearyard setback at 32'6", The premises in question is a parcel of land zoned "A" Residential and Agricultural, with road frontage of 75 feet and a depth of 105 feet. The total area of this parcel is 7,875 square feet. Due to the character and size of the lot and the location of the dwelling, applicant is not able to obtain this relief without a variance. The board agrees with the reasoning of the applicants. in considering this appeal, the board determines that the varlance 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 ~he interests of justice will be served by allowing the variance as indicated below. On mo~ion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the application of STANLEY AND MARY MOISA, for per- mission to construcn an 8' by 21'5" addition with an insufficient setback in the rearyard, be and hereby IS APPROVED AS APPLIED FOR. Location of Property: 46 Sunet Lane, Greenport, NY; Parcel No. 1000-33-4-63. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. DATED: July 8, 1982. Form ZB4 (rev. 12/81) County Tax Map Grigonis, CHAIRMAN, SOU~HOLD TOTM ZONING BOARD RECEIVED AND FILED BY .T~ SOUT~iOLD TO~,~;N Clerk, Town Ti, APPEALS BOARD MEMBERS GERARD P. GOEHEINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH N. SAWlCKI Southold Town Board of Appealz HAIN RDAD- ~=TATE: RDAD 25 SDUTHIDLD, L.I.. N.Y. 11971 TELEPHONE (5t6) 765-1809 NOTICE IS HEREBY GIVEN, ~ursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold 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 iii, 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 Map Parcel No. 1000-10-6-3. 7:05 p.m. Application of LUCY E. MICHAELS, 3570 Minnehaha Boulevard, Southold, 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; bounded north by Laughing Waters; west by Tschiember~ south by Minnehaha Boulevard; east by Young; County Tax Map NO. 1000-87-3-7. 7:10 p.m. Application of VINCENT W. ANNABEL, Sti!lwater Avenue, Cutchogue, NY for a Variance ~o 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 Stillwater 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 III, 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 ~egal Notice of Hear~s Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:20 p.m. Application of MIRIAM BATSON, 443 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article iii, Section 100-31 for permiss!on to construct an addition to existing dwelling with a reduction zn 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 F!anner 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 MaD 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 Varmance to the Zon- ing Ordinance, Article III, Section 100-32 for permission to construct accessory building in the sideyard area a~ 3400 Ole Jute Lane, Mattituck; bounded north by Wood; west by Canal; south by Ki~mins; east by Ole Jute Lane; County Tax Map Parcel No. 1000-122-4-20. 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 permission to construct garage in the frontyard area at 2125 Pine Tree Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19; County Tax Map Parcel No. 1000-98-1-13. 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, Filed Map No. 4256, Lot No. 33; County Tax Map Parcel No. 1000-115-15-14. J 7:50 p.m. Application of STANLEY AND MARY MOISA, 46 Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback at 46 Sunset Ahaesy; County Lane, Greenport; bounded north by Mellas and east by { / Romei; south by Dinizio; west by Sunset Lane; Tax Map ~ Parcel No. 1000-33-4-63. ~age 3 Legal Notice of Hearings Reaular Meeting for June 17, 1982 Southo!d Town Board of Appeals 7:55 p.m. Application of PETER KUJAWSKI, by Stanley C. Corwin, Esq., 634 First Street, Graenport, 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 Proper~y: 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- 9~-9-!0o!. 8:10 p.m. Application of ELWOOD AND CAROL HUGHES, 1711 Meadow Lanes East Meadow~ NY 11554, for a Variance to the Zoning Ordinance~ Article iii, Section 109-31 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 insufficien~ area and width of two proposed parcels a~ the corner of Horton Avenue and Shirley Road, Mattituck; bounded north by Young and others; wes5 by Shirley Road; south by Horton Avenue; eas~ 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 II!, 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 MaD ~arcels No. 1000-15-8-20, 21, 23, 26. 8:45 p.m. Application of J~ES MANOS, bv 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; wes~ 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 FORK BANK & TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct drive-in banking facility with canopy extending into the frontyard area. Location: Mattituck 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 ~ain Street~ Riverhead, NY for a Special Exception to the Zoning Ordinance, Page 4 Legal Notice of Hearing,s Regular Meeting for June 17, 1982 Southold Town Board of Appeals Article IX, Section 100-90A for a windmill farm to be located on premises zoned C-l. 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. · 3 _ c/o 9. 0 p.m. APplication of SOLWIN INDUSTRIES, INC., Esskes, Hefter, Cuddy and Angels Esqs., 108 East Maih 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 to the effect tha{ 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 Marion War Memorial Association; west by Koch and others; south by Begora, Ketch~m 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. GOEHRINGER2 - CHAIP~N By Linda Kowalski, Secretary Instructions to 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 File No ................................ Date ............. .... .................... .~.~. ~>.,, .~. / ~ ~ v ~or pe=it to eo==t... ~.Z...~., .~... ~..~. ~: .......................... at Location of Property .... .~.~. f.~. ....... .~/..~.~. fi..~... :..G~... ......... .~...,.,"t~... ~., House No, ~ Street -- ~ Ham/et County Tax Map No. 1000 Section ........... -?.~.. Btock ...... 7' ..... Lot . .~..'.~. ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .....~..'...~.. ~ ........... .?.~ .... ,~. ~ .... .~.~..h~... ......... ..:.~~ .... .~..~.~.:..~z... RVI/80 FORM NO. 1 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 785-1802 :?roved ................. 19 . .Permit No ............ 0isapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT ate .................. , INSTRUCTIONS a. Th~ application must be completely filled in by' typewriter or in ink and submitted in triplicate to the Building nspcctor, with 3 sets o!plans, accurate plot plan to scale. Fee.according to schedule. b- Plot plan showing location of lot and of building on premises, relationship to adjoining premises or public streets ~r areas, and ~ving a detailed description of layout of property must be drown on the diagrmm which is part of t-his app!i- :orion. c. The work covered by this application may not be cowwnenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the appEcant. Such permit hail be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupa~qcy, 5~i have been ~anted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Penuit pursuant to the ~uilding Zone Ordinance of ti~e Town of Sout~hotd, SuffoEr County, New York, and other applicable Laws, Ordinances or ~.egs!ations, for the construction of building, additions or alterations, or for removal or demolition, as herein described. ['he applicant a~ees to comply with ali applicable laws:, ordnances, building code, housing code, and regulations, and to Jmit authorized inspecto~ on premises a~nd in buildings for necessaD~ inspections. · ....... .............. (Signature of/applicant, or name, if a corporation) ..- ......... ""~'"'-"'"''"';¢5 '"/--¥;7"' (Marling address of app!ic~£ut) ~ ~tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .......... ,~:), ~.,o. ~; ~. ~ ._~--. ~ ........................................................................ gane of owner of promises ..... ~,~ ........ .,, ......... ..................................... . ..... (as on the tax roll or latest deed) applicant is a corporation, signature of duty author/zed officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... 0~lter Trade a License N? ..... ; ......... ' "onofl d hihp dwokwiilb do boca~l an on w c rooose r e ne .................................. ............................. ' .......... .. .... ~;-~.. ;~ ............ ~47~-~.,~¢~."~.¥ ........... House Number Street Hamlet / County TaX Map No. 1000 Section .............. Block ........... Lot .... ~ ~ ........... Subdivision ..................................... F~ed Map No ............... ~t ............... (N~me) State existing use and occupm~cy of premiss and intende4 use and occupan~ of pro~d construction: Nature of work (check which a~p.~oable}: New Building ........... Ac~d~on Repair , .~ ........... R~movM ........ Demou~o~ .............. O~her lVo~k ~.[ dwdnns, number of dwelling units ...... ~ ......... Number m awehm~ units on e~cn If gara~e, number of c~s 6. [f 5usiness, commercial or mixed occupancy, specify nature ~qd extent of each type o~y. se .. ' ~....; ........ Depth ~ DSmensions of ~xisting~metures, if any: front.. ~ .... : ,- ...... Rear Height '~' }~5}.. ...... ~ ~.. Number of Stories ........ , .............. , ......, ................... mm~ a~rd .... ~*Ah aI.~,~.zun~ or add~fions: Front :;, ....~ ....... . , , ' f 8. DLmensions of entke new construction: Fron~ . ~,., '..;. 7 ...... ~ Re~ 4,.' .... ........ D~pth H~:ght .. ..... ~, ....t... Number o~ Stones .............. .~...a I0. DateofPurchase q~--, c ~ ~ / F~ ~ , , ~;~ ' ..... ~ .......... .... ............ Name ~., o~er Ow..~r ..~ -~.~ .......... t I. Zone ~r use district in which premises are situated ~ . · : -' / t2. Does proposed construction vfolat~any zoning law, erdLn~ce or regulation: 13. W~i 1¢~ be regmde~ ........... . [~Zh ............. Wfi! exce~ fi!! be removed from premises: .I~..Nmme of Owner of premises .4.c.e:.5~ ~/..~i 2 2';: ;e; Address~/;;.. ~ ..... i .z',.....:~.:5/Phone No. N~e of Architect ............... f ........... Addre~ ................... Phone No Ne~e of Contractor .. . Addre~ Phone PLOT DIAG ~42v~ Locate clearly ~nd disthnctly a/1 building, whe~er existing or proposed, ~nd. indicate ~1 set-back dimensh n~ prope~y lines. Gx.~ str~e[ ~d No..k n~mb~, o~ desc~pdo~ according to deed, mhd show street names mhd ~dfcare ~ ~' fnte~or or corner lot. STATE O~ NEW YORK, COb~TY OF ,~,,¢~....,, S.S ................................................. berg duly sworn., deposes ~d says tt-~ he is the app!, (Name of individual signing contract) above named. He is the ...................................... [ ............................................. (Contractor, agent, corporate officer, etc.) Of said owner or owners, and is duly aut~hm42ed to perfoFa or have perfomaed the said work z~nd to make and file application; that alt statements contained Ln this application are t-ne to the best of h~s knowledge and belief; and tho,. work w~ll be perfcx~-~.ed in the manner set foNh Ln the application filed t~kerewith. Sworn to before me this ........................ day of ...................... i9... Notary Public .................................. County ~.~, : ? ;. (; P~r~/~.J) TOWN OF SOUTHOLD, NEW YORK 'M~Y~A~P~ FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~i~.~ ' 1, (We)%~X~..~. ~S~.of ~ .%~%~ ~m~ .................... Nam~ of Appelia~ Street and Numar ............. ~.~.~:~ ................................................ ~.~k ........... ~RE~Y A~L TO Municipali~ 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 of .......r~- ~ , .~.~.~.~_~.~.. ~..~ .......... .~..~: ................... Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ...................... , .~..~..-....,,.~....~.¥%.:.~ Street Use D~strict on Zoning Map \.~..a ...... ~.~...%..%.........%.~....~...L ...... .~.~....~.~'~ l~ap No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~-'~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. i6 Sec. 280A Sub~ection 3 4. PREVIOUS APPEAL A previous appeal (has~een mace with respect to this decision of the Building Inspector or with respect to this property. Sblch appeal was ( / request for c special germit [ ; 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 ( ) is requested for the reason that \~%~ ~z'x~,~ Form ZB1 (Continue on other side} REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE woutd produce proctico~ difficulties or unneces- sary HARDSHIP because 2 The hordshia created is UNIQUE and is not shored bv oll aroperties alike in the immediate vicm~z, of this ~roperty and in this use district because ~.~.~sti~.~ st~2~.~.~. ~ 3 The .or,once would o~serve the spirit of the Ordinance and WOULD NOT CHANGE THE C dARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF s%'r~0 .L-~ SS Sworn to this ............... ,~..~.~ .................. da, of ....... )~ ....................................... 19 8~ Notar. Public Southold Town Board of Appeals JuIy 12, 1982 ENVIROMENTAL DECLARATION: Appeal No. 2992. Application of STANLEY AND MARY MOISA. Variance to Construct addition to dwelling with reduced rearyard. On motion by Mr. it was RESOLVED, to declare the folloWing Negative Environmental Declaration concerning the matter of Stanley and Mary Moisa: E-~VIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the 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. 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: 46 Sunset Lane, Greenport~ NY. Vote of the Board: Ayes: Messrs. Dcu~l~ss, Cc%hringe~~, II IGu O.C,. '~OP--TN ~ LEVA"TION 'Post 4--' // 14AU-E.~ Meq~randum from.... BUILDING INSPF_CrOR~ OFFICE TOWN OF SOUTHOLD Tow~ HALL, So~rr~oLo, N. Y. 11971 765-1802 ~oo - APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: DATE: SUBJECT: Southold Town Board of Appeals MAIN RrlAD- STATE ROAD 25 SOIJTHOLD, L.h, N.Y. llg?l TELEPHONE (516) 765-1809 Mr. George H. Fisher, Sr. Building Inspector May 28, 1982 Appeal No. 2992 - Stanley & Mary Moisa Your Disapproval Dated May 18, 1982 Dear George: The board reviewed the application of Stanley and Mary Moisa and related documents at our Regular Meeting held May 26th. The board has requested that you again review this matter and indicate on your Disapproval your interpretation as to the lot coverage requirements. This application has not yet been scheduled for a public hear- ing because there appears to be more involved than rearyard setback and the application should re~lect all reasons in order that the legal notice is published correctly in the newspapers. Please reply as soon as possible. SOUTHOLD TOWN 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 of 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~ Lots 123 and 124; County Tax Map Parcel No. 1000-37-4-3. 7:30 p.m. Application ot Serpentine Real Estate Corp., ~- 695 DiEilen Lane, Elmont, NY (by Gary Finnner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to have dwelling (converted from a barn) with an insuff~cient sideyard setback at 45300 Main Road, Peconic (near So~thold); bounded north by Main Road, Cappa and Terry; west by Gradowski; south and east by Lappe; County Tax Map Parcel blo. 1000-75-6-9.2. 7:35 p.m. Application of ,~ Estelle L. Weinrib, 27 Wes~/ 86th Street, NY, NY 10024 (by Norman Addy) for a Variance to the Zoning Ordinance; · Article HI, Section 100-32 for nermission to construct acces- sory building in the front and/or sideyard area at 3400 Oie Jule Lane~. Matt~tuck;, . bou.ndod north by Wood; west by Canal; __ southby Kimmins; east by Ole Jule Lane; County Tax Map 1o' Parcel No. 1000-122-4-20. 7:40 p.m. Application of Gerard Oalliano, 2125 Pine Tree Road, Cutchoguc, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-32 for permission to construct garage in the front- yard area at 2125 Pine Tree~ ] Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19, County Tax Map Parcel No. 1000-98-1- 7:45 p.m. Application of Henry S. Kozen, 1520 Donna Drive, Mattituck, NY for a' Variance to the Zoning Ordi- nance, Article IH, Section 100-35 for permission to construct 6'-high fence in the frontyard (which would exceed the 4' height limitation) at 1520 Donna Drive, Mattituck; Deep Hole Creek Estates Subdivision, Filed Map 4256, Lot No. 33; County Tax Map parcel No. 1000-115-1~,~0 p.m. Application Stanley and Mary Moisa, 46 Sunset Lane, Greenport, Ny for a Variance to the Zoning Article Ill, Section for permission construct additio~ with an insufficient setback at 46 Sunset Lane, bounded north by COUNTY OF SUFFOLK ss: STATE OF NEW YORK Pctricia 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 thor 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 success ve y comrnenc na on the /~ ~'-~kz' da o~. ~ ~-,~ ~b , ........... : .............. ........ =. ... .. Sworn to ..ore me this ................................ day of /' ~'-~ ~o ~ r Diuizio; west Sunset Lane; County Ta~ Map Parcel No. 7:55 p.m. Application of Peter Kujawski, by Stanley C; · Corwin~ Esq., 6.34 First Street; Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Soothold, the following matters will be held for public hearings by the Southold Town Board of peals at the Town Hall, IMam Road, Suntbald, NY on Thues- day, June 17, 19~2 commenc- ing 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 Is- land, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect antenna tower exceed- ing the height limitation for accessory structures. Location of Property: Private Road, Isabella Beach, Fishers Island, NY; County Tax Map Parcel No. 1009-10-6-3. 7:05 p.m. Application of LUCY E. MICHAELS, 3570 Miunehaba 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 Min- nehaba Boulevard, Southold; hounded north by Laughing Waters; west by Tschiember; south by Miunebaha Boule- vard; east by Young; County Tax Map No. 1000-87-3-7. 7:10 p.m. Application of VINCENT W. ANNABEL, Stillwater Avenue, Cutchngee, NY for a Variance to the Zon- ing Ordinance, Article II1, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two- lot division of property located at Stillwater Avenue, Cut- cbegue, NY; bounded north by Stillwator Ave., Kiernan, An- nnbel; west by StiHwator Rd.; south by Stillwater Read; east by East Creek; County Tax Map Parcel No. 1000-137-3.8. 7:15 p.m. Application of JOSEPH W. HAWKINS, 7085 Hortea Lane, Sunthold, NYfor a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to cen- struct windmill exceeding the height limitations for ac- ceesory structures. Location of Property: 7085 Horton Lane, Soothold, NY; bounded north by Horton Lone; east by Sheffield; sooth by Kramer & Kempner; west by Booth and 7:40/1~. Ap~)lication of GERAI~GALLIANO. 2125 Pine Tr/~ Read, Cutchogue, NY for a Variance to the Zoning Ordinance, Art/cie III, Section 100-32 for permission to construct garage in the frontyard area at 2125 B/ne Tree Road, Cutchngue; Nassau Farms Subdivision, Fi]ed Map No. 1179, Lot No. 19; Cotmt~ Tax Map Parcel No. 1~00-9~-13. 7:45 p.m. Application of HENRY S. KOZEN, 1520 Donna Drive, Mattitnck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to con- struct 6'-high fence in the frontyard (which would exceed the 4' height limitation) at 1520 Donna Drive, Mattituck; Deep Hole Creek Estates Subdivision. Fried Map No. 4256, Lot No. 33; County Tax Map Parcel No. 1000-115-15-14. ~' 7:50 p.m. Application o~''~ ~ STANLEY AND MARY ~MOISA. 46 Sunset Lane, Groenport, NY for a Variance to the Zonin~ Ordinance, Art- icle III, Section 100-31 for '~permission to construct /additiun to dwelling with an ! insufficient rearyard sethack~ ! at 46 Sunset Lane, Groenpert; I ]bounded north by Mellas and t [ Ahaesy; east by Romei; south [by Dinizio; west by Sunset [Lane; County Tax Map Parcel k.~No. 1000-33-4-63. 7:55 p.m. Application df PETER KUJAWSKI, by Stanley C. Corwin, Esq., 634 First 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 200a for Approval of Access. Location of Property: 3275 Skunk Lane, Cutchogue; bounded north by Bay Homes Subdivision, and Kujawski; east by Pontino & ann.; south by Marco; west by Skunk Lane; County Tax Map -Parcel No. 1000-97-9-10.1. 8:10 p.m. Application of EL- WOOD AND CAROL HUGHES, 1711 Meadow Lone, 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, Cut- chogue; Nassau Farms others; County Ta/]~lap Parcel No. 1000-113-6-1~ 9:00 p.m. Applica~n of NORTH FORK BANK & TRUST CO., by Abigail A. Winkham, Esq., Box 1424, Mattituck, NY for a Variance icie VII, Section 100-71 for in banking facility with canopy extending into the frontyard area. Location: Mattituck Shopping Center, Main Read, Mattituck; Coun- . .... being duly Sworn, ty Tax Map Parcel No. 1009- 142-i-26. blisher of ~he SUFFOLK 9:05 p.m. Application of SOLWIN INDUSTRIES. INC., heal at Greenport, in said c/o Esseks, Hefter, Cuddy and Angel, Esqs., 10~ East Main ~the mmex~d is a printed Street, Riverhead, NY for a Special Exception to the ~ Suffolk Weekly Times Zoning Ordinance, Article IX, Section 100-90A for a windmill ! ................ weeks farm to be located on premises zoned C-1. Location . .'~Q.~I~ ................ 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 Esseks, Hefter, Cuddy and Angel, Esqs., 10~ East Main Street, Riverhead, NY for a. Variance to the Zoning Ordi- nance, Article IX, Section 100- 90 and Article VIII, Section 100-80 for: (a) permission to construct towers exceeding i9 the height limitation of the zoning code and (b) an interpretation of Section 100- 90A to the effect 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 Marion War Memorial Association; west by Koch and others; south by Begora, Ketcham 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 Kowalski, Secretary 1TJ19-3960 others; County Tax Map Subdivision, Filed Map No. P~r~l~lo 1/'='g~--~-7-1 fl04. 1179, Part of Lo_t_l_30; Coun_t_y $outhold Town Board of Appeals MAIN ~0AD- E~TATE IROAD 25 ~0UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALSBOARD MEMaERS GERARD P. GOEHRINGER, CHArRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ. OOUGLASS JOSEPH H. SAWICKI June 23, 1982 Mr. and Mrs. Stanley Moisa 46 Sunset Lane Greenport, NY 11944 Re: Appeal No. 2992 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 STANLEY AND MARY MOZSA, for permission to construct an 8' by 21'5" addition with an insufficient setback in the rearyard, be and hereby is APPROVED AS APPLIED FOR. 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 'Copies to the fol F 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 K JUDITH T. TERRY TOWN C~EERK REGISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 May 20, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk owners, Wetlands survey. Transmitted herewith is Zoning Appeal No. 2992 application of Stanley & Mary Moisa for a variance. Also included is notification to adjacent property Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Land-Use; Notice of Disapproval from the Building Department; and JTT/bn Enclosures Judith T. Terry~ Town Clerk ~ TOWN OF $OUTHOLD, NEW YORK MA~'!~J~'FROM DECISION OF BUILDING INSPECTOR TC~THE ZONING'BOARD OF APPEALS; TOWN OF SOUTHOLD, N. APPEAL NO. ~?..~'c~ DATE ...c.~.~,.~..-~... 1, (We) ~fx~,%.~.~..~...%..~...<~'t..~.....k.}.~.~1%.~%....of ....~...~......:~,,~'m:~.~.~....~...<~.~.~ ...................... Name of Appell(~nt Street and Number x~ E ............ ..~...y:..~..~.¥,~r~.,~;~;.-~. ....................................................... "~'"'k' .......... H REBY APPEAL TO Municipality Stat~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .... 'fl "V' l APPLICATION FOR PERMIT NO ............... ~. ..................... DATED ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ........... : .............. ...................................... Name of Applicant for permit of ,~..%~ .~.~.~...~..~.~.~ ....... .~.~.~.~..~..~ .............. ...~.......~ ................... Street and Number Municipality State ' ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (pr' exddi't-;o~ 4-~ el,u.~lli~/~j 1. LOCATION OF THE PROPERTY i~ ..~:91~.~...~{'~-% '; ~ 4~-.i~...O~ Street I~se District on Zoning Map \~.~.........~¢........%i%.......~.Irk .......... .%~..~.3 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 ( I"O'"'~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A MARIAN~[-'due to lack ~ ~cess (State of New York Town Law Chap. 62 Cons. Laws Art. '~6 S~c, 280)~ Subsection 3 , ~. s , o 4. PREVIOUS APPEAL A previous appeal (h~,k_(has not_.~een 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 ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 I,,I,,/"A Variance to the Zoning Ordinance ) requested for the reason that 's~-'~%'o~-~'~c-~'<?~'- Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the p~,esent stz-~ctn~e is to close to the bA¢~ line and the structure was e~eoted p~io~ to the adoption of the p~esent code. ~he lot otherwise confox-ms to the oode. 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 F.-,x~stin~ strv, otul~e wa-~ e~eoted p~lo~ to the enactment and amen~aents to the present oode. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~;be ph~'sloa], chaD. ge l¢~J. ll not change the character of the district and generally conforms With the p~ope~t7 in the su~rounding a~ea. SFATE OF NEW YORK ) ) COUNTY OF ~U~'~'OT,W ) ss (//Signature Sworn to this ................ 1~..$~ .................... day of ......~[EL~ ........................................ 19 82 Notary Public UTHOLD the Petition of i?, ~: ~4 MARY MOI~A the Town of $outhold : JAMES Mw.~,A.S Mi%S. VINCENT ROMEI ALBERT DINIZIO NOTICE ' TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. lhat it is the intention of the undersigned to petition the Board of Appeals of the lown of Southold request a (Variance) ( ~ -J_ -' - '_: -.~ - _ ' _~ :- ~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 46 Eunset Lane.. O~eanpo~t: N.Y. Rn,,na.a n. the NoPth by Mellas~ on the East by Romel~ on t~ South b~ ~zio ~d on ~e West by ~set ~e 3. That the property which is the subject of such Petition is located in the following zoning district: A - Residential 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article __~__ Secti~ 100-31 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 must be published at least five days prior to the date of such hearing in the Suffolk Tim.es and in t_he Long Island Traveler-Mattituck Watchman, newspapers published in the Town of_Southold and designated for the publication of such notices; that you or'your ~'e?r. esentative have the righ~ to appear and be heard at such hearing. Dated: May 18, 1982 Petitioner / Post Office Address 46 Sunset Lane G~ee~po~t: N.Y. NAME PROOF OF MAILING OF NOTICF ATTAC~ CERTIFIED MAIL RECEIPTS ADDRESS JAMES MELLAS Broad Street Greenport, New York MRS. VINCEIP1 RONRX 49 Sound Road Greenport, New York ALBERT DINIZIO 4801 Sunset Lane New York STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: PATi~IaIA A. aLA.R,K , residing at 800 Albo Dz~ve Me~:t:it:u~k_. N.Y. , being duly sworn, deposes and says that on the lC/th day of Mawr ,19 8~. . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opp~ite~ their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at P~ve~a®ad; New Yoz'k ; that said Notices were mailed to each of said persons by (certified) (aegilalellxl) mail. Sworn to before me this lqth day of Ma~ ,19 J32 Notary Public (Patriola A. Clark ) SHOP, T EI,IV~RONHEIqTAL ASSESSh~EIit pui~,~ INSTRUCTIOHS: -- "-(o) In order to answer tile questions in this short EAF it is assumed that the preparer will use currently available information concerning the project end the likely impacts of the action. It &s not expected that odd±tional studies, research or other investigations wLi1 be undertaken. (b) If any question has been ons~ered Yes the project may be s±gnif~cont and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not ' (dj __ significant. Environmental Assessment 1. Will project result in a large physical change to the project site Or physically alter more than 10 acres of land? ........................ 2. ¥Iill there be a major change to any unique or · unusual land form found on the site? .......... 3. ~ill project alter or heve a large'effect on existing body of water? ....................... 4. ¥/ill project have a potentially large impact , on groundwater quality? ....................... 5. ¥/ill project significantly effect drainage £1ow on od~acent sites? ..................... ~.o 6. %7ill project affect any threatened or Yes _ . Yes ~o endangered plant or animal species? ........... Yes~/~o 7 %'1ill p j ~t Iti j dv ff ~t ~ '' · i rOq elity?resu . o mo or e erse e e, ' 8. Will project have a major effect on visual character of the community or scenic views or vistas known to:be important to the community?. ?. Will project a'dversely impact any site or .. structure of historic, prehistoric or paleontological imporlonce or any site designated as o critical environmental area 10. Will project hove a major effect on existimg f ti 1 ? ' or uture recreo eno opportunities ......... il. Will project result in.major treffic problems o~ cause a major effect to ex-isting transportation systems? ....................... _ 12. Will project ,regularly cause objectionable odor5t noiset glare~ vibratlon~ or electrical disturbance cs a result of the project's opera,ion? ' 13. Will project have an>' impact on public health" or.safety? ................................... 1~. Will p~oject affect the existing community by -- directly causing o growth in permanent populetion of more than 5 percept over o one year period or hove o major negative effect on the character of the ???T ?ttf or neighborhood? ........................ Yes 15. Is there public controversy concerning the '' project? ...................................... Yes ~d~o. PREPARER'S SIGNAIURE REPRESEHTING Yes. ~o Yes ~No Ye~ ~No' Yes ~No' DATE (Today's bate) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i~ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; 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. 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, (Signature/~ease) II IG" O.C,. ~ 0 P-_'FF~ ~ L. EVA'T~O ~ ~oST' ~-' L~ OOU~LED Ig