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HomeMy WebLinkAbout3005S tholdToWnBard lApp HAIN ROAD-' STATE ROil:)'. 25 SOUTHOLD, L.I.. N,Y. 11971 TELEPHONE (516) 765-'~809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3005 Application Dated June 14, 1982 TO: Mr. and Mrs. William E. Tuite 1777 Harvard Avenue Merrick, NY 11566 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 8, 1982 C the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property ~ New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Sectio~ 100-31 and 100-36 [ ] Request for The public hearing on this matter was held on July 8, 1982. 'Upon application of WILLIAM E. AND PAULA TUITE, 1777 Harvard Avenue, Merrick, NY 11566 for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct addition to exist- ing dwelling with reduction in sideyard at the south side of Midway Road, Southold, NY; Cedar Beach Pa~k Filed Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2-6. The board made the following findings and determination: By this appeal, appellants seek permission to construct a small addi- tion to dwelling reducing the sideyard setback by approximately 14 feet, leaving a setback at 8.42 feet. The addition is proposed to enlarge the kitchen area. The premises in question contains an area of approximately 21,500 square feet, with frontage of 99.85 feet along Midway Road and having an average depth of 216 feet. Existing on the premises are a 1½-story, one-family private dwelling with an enclosed 7' by 13½' porch and an accessory one-story frame garage situated in the frontyard area approximately 6'7" from the existing dwelling structure and which leaves a sideyard setback at 7'7". Upon the premises westerly of the subject premises is an accessory one-story frame garage situated in their frontyard 2'3½" from their east side line. Under these circum- stances, the board is of the opinion that the insufficient setback has been established and that the reasoning of appellant is practical and reasonable. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and-.~ practical difficulties have been shown; 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 purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3005, application of WILLIAM E. AND PAULA TUITE, requesting permission to construct addition to existing dwelling, (CONTINUED ON PAGE TWO) DATED: August 13, 1982 CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3005 Matter of William and Paula Tuite Decision Rendered July 8, 1982 be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the east side yard setback be no closer than 8'6" requested, and 2. That the west side yard area be not reduced less than 18 fe~. as presently exists. ~ Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Filed Map No. 90, Lot 113; County Tax Map Parcel No. 1000-90-2-6. Vote of the Board: Douglass and Sawicki. Ayes: Messrs. Goehringer, Doyen, Grigonis,...~u This resolution was unanimously adopted. · RECEIVED AND FILED BY THE SOUT~iOLD TOV~N CLEP2f APPROVED Chairman Board of Appeal~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.$AWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 qOUTHOLD, I_.l., N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearing by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 8, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for approval of the construction of swimmingpool and deck with insufficient side and rear yard setbacks at 1445 Bayshore Road, Greenport, NY; bounded north by Pipes Cove; west by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map Parcel No. 1000-53-4-4. 7:35 p.m. Application of MARGARET DELLANNO, by Rensselaer G. Terry, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A & B for permission to use preexisting touris~home altered to a three-apartment building for use as~ three-dwelling apartments in this A-Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold; bounded north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map Parcel No. 1000- 135-2-7.1. 7:45 p.m. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for approval of suitable screening around the periphery of the existing junkyard located at 400 Nokomis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. 7:50 p.m. Application of GEORGE H. AND BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for approval of insufficient area and depth of two parcels located at Westview, Mayflower and Woodcliff Drives, Mattituck; bounded north by Westview Drive; west by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by Hayflower Road; County Tax Map Nos. 1000-107-8-24 and 11. Agenda - Page 2 Southold Town Board of Appeals Regular Meeting of July 8, 1982 7:55 p.m. Application of PAUL AND BARBARA LEARY, 165 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition with an insufficient sideyard setback (and rebuild existing steps) at 165 Second Street, New Suffolk, NY; bounded north by Pugsley; west by Martin; south by Brophy; east by Second Street; County Tax Map Parcel No. 1000-117-10-20.5. 8:00 p.m. Application of WILLIAM E. AND PAUL A. TUITE, 1777 Harvard Avenue, Merrick, NY 11566 for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-36 for permission to construct addition to existing dwelling with reduction in sideyard at the South side of Midway Road, Southold; Cedar Beach Park, Filed Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2-6. 8:05 p.m. Application of VERA GRETCHyN MARINO, One Denton Road, Kings Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located off Soundview Avenue and referred to as "Hyatt Road - Private Road No. 18", Southold. Location of Property: 1925 Private Road #18, Southold; bounded north by Neslage and Private Road; west by Lind- meyer; south by L.I. Sound; east by Reise; County Tax Map Parcel No. 1000-50-1-20. 8:15 p.m. Recessed Hearing: Application of VINCENT W. ANNABEL, Appeal No. 2805. 8:20 p.m. Recessed Hearing: Application of NORTH FORK BANK AND TRUST CO., Appeal No. 2987. Dated: June 17, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary Instructions to newspapers: Please publish once, to wit, Thursday, July 1, 1982 and forward one affidavit of publication to: Board of Appeals, Town Hall, Southold, NY 11971 on or before July 7, 1982. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ is returned herewith and disapproved on the follow~g ~oundsff~q. ~.¢. ~. ~([~( ~ RECEIVED. TOWN OF SOUTHOLD, NEW YORK :J'UN ! ~. ]98Z APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~)'~ DATE .~.nn,..:]..~. ].9~2 ..... TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. 1, (We).~.]:.]:.~F.m...~.:...~...~...u.~...k..:..?..q~..~.e. .......... of ....z.?.?.7..~..~..~...~.~...A..v..e.9,u..e. ................................... Name of Appellant Street end Number ...N..e...:~..~.c..k. ............................................................................. .N..e~..~.g.?..k ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....n.9....n...t~...b..e..~...~.s..s...u.e..8.... DATED ....J.,u.~e....~.~..8..2. ............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of ,.:Z?.?.. ~..~.y~..~..~..~.y..e..q.u..e. ...................... ~.e.:~.t..e..k. .................. ~.e.......:..o.~.k.. .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY permit to construct 1. LOCATION OF THE PROPERTY ~..8..O....~.~,..~,¥,~[,.~,,o~.,.d..~...S..o..u..C_h...o.1..d. ........ C..e.~.~...~...3..,e.~..,c..h...~?~..k. .......... Street Use District on Zoning Mop 90 ll3 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.) Article TTT sec. 100-~l Bulk Schedule and sec, 100-36 3. TYPE OF APPEAL Appeal is made herewith for ( x ) 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 previous appeal (has~a_s~noD___~: been made with of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance respect to this decision and was mode in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that 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 because the addition we would like to add is 10'4" wide.This would reduce the side yard setback to 8.42'. An addition reaching to 11' 3" of the boundary only would be 7' 6" wide with a usable space of no more than ?'. The l~esent kitchen is too small to eat in an~ the layout is such that a 7' addition would be barely adequate. Considering the level of construction costs it would be poor economics to construct a small addition that conforms and we would be left with a home without adeq~l~ate eating facilities. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicimty of this property and in this use district because 3 Ti~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there is already a nearby garage on the property within ?'7" of the same boundary line. There is no building on the adjacent property close to the proposed addition. Also an unattractive,high stockade fence would be removed, actually improving the appearance of the area. There is also a garage on the property on the opposite side within 2'3" of the boundary llne. STATE OF NEW YORK ) ) ss COUNTY OF /u'44,~4u ) Sworn t. this /~ day of x]-~ ~ ~ 19 ~>Q. l¢O'l'AB¥ PUBLIC, State of New No, 8225221 (~ualified in Nassau Count' Commission Expizes Mc~ch 30, RE£ ONLY' t000-090-02-006 Jo5 S'HD SURVEY OF PROPERTY $/tu~t~d at BAYVIEW TOi41N OF $OUTHOLD SUFFOLK COUNTY NEIN YORK SCALE: 1" = 2~' 6urv¢~ Certified to: THE TITLE 6UARANTEE CO. T 1£81-Eg63 WILLIAM TUITE PAULA TUITE CITIBAN~ T,e d;~t. /:~¢ DATE5 SURVEYED:' NOVEMBER 24, 1961i BEC /0,19~1 ,Surveyed by 120 MEDFORO AVE. PATCHOOUE~ N.~ Phone Lo/no¢ 6hown hcr¢on rel~tr 1o Mqp of Ccdor ¢eqch £grtf/£/led Dfc. Z0, 1~27 ;: 05 I10. ~0. PrcnT/~¢$ o/5o ohow~ aS Lo q5 # 002. -u/ ~ ~---i COUNTY Of SU DEPARTMENT Of PLANNING (516) 360-5513 LEE E. KOPPELMAN Town of Southold Board of Appeals August 26, 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. Applicant Municipal File Number Reich Brothers Automotive Service Inc. Mr. & Mrs. William E. Tuite Ann O'Sullivan 2856 3005 3018 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Soathdd Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llC:J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRII'~GER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICR[ August 13, 1982 To: Mr. and Mrs. William E. Tuite 1777 Harvard Avenue Merrick, NY 11566 Re: Appeal No. 3005 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, GERARD P. GOEHRINGER LC CHAIRMAN Enclosure Copy of Decision to Building Department By Linda Kowatski, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y. 119'71 TELEPFtONE (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 , Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section -- Special Permit Section 100-31 and 100-36 Appeal No.: 3005 Location of Affected Land: Applicant: Mr. and Mrs. William E. Tuite S/s of Midway Road, Southold, 5Pr 11971 County Tax Map Item No.: Within 500 feet of: X 1000- 90-2-6 Hog Neck Bay Thruway State or Federally- State or Federal Park __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) __ state or County Road, Parkway, Highway, __Boundary of Existing or Proposed County, Owned Land __ Boundary of Existing or Proposed County, 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, addition to existin~ dwellinq with reduction in sideyard. or Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to Copies of Town file review. Dated: August 17, and related documents enclosed herewith for your ~_~Secr~tary, Board of Appeals ! of' Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRrNCER, CHAIRMAN CHARLES GRICDNIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI July 14, 1982 Mr. and Mrs. William E. 1777 Harvard Avenue Merrick, NY 11566 Tuite Re: Appeal No. 3005 Dear Sir or Madam: This letter is to confirm that the following action was taken at a RegularMeeting of the Southold Town Board of Appeals held on Thursday, July 8, 1982: RESOLVED, that Appeal No. 3005, application of WILLIAM E. and PAULA TUITE requesting permission to construct addition to existing dwelling, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the east side yard setback be no closer than 8'6" as requested, and 2. That the west side yard area be not reduced less than 18' as presently exists. 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, GEP~ARD P. GOEHRINGER CHAIRMAN cc: Building Department By Linda Kowalski, Secretary Southold Town of Appeals ~ Jul~ 8,. 1982 ENVIROMENTAL DECLARATION: Appeal No. 3005. Application of WILLIAM & PAULA TUITE. Variance for permission to construct addition to existing dewlling with reduction in sideyard. ' On motion by Mr. it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of William & Paula Tuite: 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. 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: Lot 113, Southold, NY. S/s Midway Road, Cedar Beach Park' Vote of the Board Ayes M ..... ~ .... ~. Southo!d Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKt July 14, 1982 Mr. and Mrs. William E. 1777 Harvard Avenue Merrick, NY 11566 Re: Appeal No. 30~5 Tuite Dear Sir or Madam: This letter is to confirm that the following action was taken at a Reg~larMeeting of the Southold Town Board of Appeals held on Thursday, July 8, 1982: RESOLVED, that Appeal No. 3005, applicationoof WILLIAM E. and P&~.mTUITE requesting permission to construct addi%ioh to ~xi~ting dwelling, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITINN$: 1. That the east side yard setback be no closer than 8'6" as requested, and 2. That the west side yard area be not reduced less than 18' as presently exists. An offiQial 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 ~ave 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 European American Bank RALPH E. SALAMONE Vice President June 18, 1982 Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Request for Variance Adjacent to My Cedar Beach Park Property Gentlemen: I have no reason to contest the variance for William E. Tutte (copy attached) unless it will impact or pre- vent me from building within the legal limits of my property. The Board of Health has indicated that the installation of a cesspool should be in the Southwest corner of my property. Based on my understanding of the proposed variance of Mr. Tuite, his building will be located on the west side of my property, and would be close to the location of my cesspool. Please inform me if there will be any problems with my future building plans. I look forward to hearing from you. Sincerely, One Vautrin Avenue Holtsville, NY 11742 cc: William Price, Esq. 828 Front Street Greenport, NY 11944 w/att. Furopean Ame,ican Bank & Trust Company, 865 Merrick Avenue, Westbury, New York 11590 (516) 683-5569 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the lown of Southold : YOU ARE HEREBY GIVCE~ NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigne.d ~to petition the Board of Appeals of the Town of, Southold to request a (Varian.ce) (~n) 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as folio s: 3..hat the property~,~vhich is the sub~,~t of su;h Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request th.e following relief: .5. That the provisions of the Southold Town Zoning Code ~pp[ic~able to,the relief sough~,by the under- __ signedare R~cicle ._~,,'. Sectic:~ /~'~ 6. That within five days from the date fiereof, 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 Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner -;ovislons of the Amended Code of the Town of Southold; the following matters will be held for public hearing by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 8, 1982 com- mencing at 7:30 p.m. and as follows: 7:30 P.M. Application of .~NNETI'E GOLDEN CAR, nes, 1445 Bay Shore Road; Oreenpoct, NY for a Variance to the Zoning Ordinance, Article HI, Sections 100-31 and 100-36 for approval of the construction of swimmingpool and deck with insufficient side and rear yard setbakcs at 1445 Bayshore Road, Green- port, NY; bounded north by Pipes Cove; West by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map' Parcel No. 1000-53-4-4. 7:35 P.M. Application of MARGARET DELLANNO, by Rensselaer G. Ter~, Esq., Main Road. Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-30A & B for permission to use pre-existing tourist-home altered to a three-apartment building for use as three- dwelling apartments in this A-Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold; bound- e~i north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map parcel No. 1000-135-2- 7.1. 7:45 P.M. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article Xl, Section 100-115 for approval of suit, able screening around the periphery of the existing junkyard located at 400 No- komis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. 7:50 P.M. Application of GEORGE H. AND BEVERLY G. BOEHLE, Woodciiff Drive, Mattituck, NY for a Variance to the Zoning Ordinance; Article 111, Section 100-31 for approval of insufficient area and depth of two parcels located at Wes~view, May-' flower and Woodcliff Drives; Mattituck; bounded north by Westview Drive; west by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by Mayflower Road; ~Cou~y' Tax Map ~'os. 107-8-24 and 11. ' 7:55 P.M. Application of PAUL AND BARBARA LEARY, 165 Second 5treetf Now Suffolk, NY for a Variance to the Zoning Ordi~ nance, Article III, Section r~-100-31 - for ' permission to' construct deck addition with msulHclent sideyarc[ setback (and rebuild existing steps) at 165 Second Street, New Suffolk, NY; bounded north bl/ Pugsley; west by Martin; south by Bmphy; east by ~"L~Secona-Stxmet; County Trot' :'~M~ Parcel No. 1000-11.7-10- Patricia Wood, being dul~worn, says that she is the Editor, of THE LONG ISLAN~[RAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- / week msn once each week for ......................................... s successively, commencing on the / ............. ............... Sworn to before me this 'f~'~ ................................ day of 19...~....>~. WiL8:00 P.M. Application of LIAM E. AND PAUL · TU1TE, 1777 Harvard Avenue; Merrick, NY 11566 for a' Variance to the Zoning Ordi. nance. Article HI, .Sections 100-31 and 100-36 for permis- sion to construct addition to' existing dwelling with reduc- tion in sideyard at the South side of Midway Road, South- old; Cedar Beach Park, Filed. Map No. 90, Lot 113; further ~x identified as County Tax Map Parcol No. 1000-~0.2-6. 8:05 P.M. Application of VERA GRETCHYN MARINa, One Denton Road, Kings Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located off $oundview and referred to as "Hyatt Road - Private Road No. 18", Southold. Location of Proper- ty: 1925 Private Road #18, Southold; bounded north by Neslag~ .and'~ Private :',Road; west by Lindmeyer; south: by L.I. Sound; east by Reise,~ County Tax Map Parcel No. 1000-50-1-20. 8:15 P.M. Recessed Hear- lng: Application of VINCENT W. ANNABEL' Appeal No. 2805. · 8:20 P.M. Recessed Hear- ing: Application of NORTH FORK BANK AND TRUST CO., Appeal No 2987. Dated: June 17, 1982 By Order of the 8outhold Town Board of Appeals Gerard P. Goehringer, Chairman By Linda F. Kowalski, Secretary 1T-7/1/82 (28) CLF. MENT J, THOMPSOK NOTARY PUSLI~, NO, 52-9321725 Reskil~ in ,Su~k Cou~y Comm~ion LEGAL NOTIC~E 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 hearing by the Southold Town Board of Apl~eals at the Town Hall, Mmn Road, Southold, NY on Thursday, July 0, 1952, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY for a Variance to the Zoning Ordi- nance, Article III, Sectinns~ 100-31 and 100-36 for approval of the construction ot swim- mingpool and deck with insufficient side and rear yard setbacks at 1445 Bayshore Road, Greenport, NY; bounded ,n, orth by Pipes Cove; west by 0 Brien; south by Bay Shore Road; east by Koehler; (-~ County Tax Map Parcel No. 1000~53-4-4. ' 7:35 p.m. Application of MARGARET DELLANNO, by Rensselaer G. Terry, Esq., Main Road, Sunthold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A & B for permission to use preexisting tourist-home altered to a three-apartment/ building for use as three- dwelling apartments in this A- Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold; bounded north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County . Tax Map Parcel No. 1000-135- 2-7.L 7:45 p.m. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article XI, Section 100- 115 for approval of suitable screening around the periphery of the existing~, ]unkyard located at 400 Nokomis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. 7:50 p.m. Appliation of GEORGE H. AND BEVER- LY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for approval of insufficient area and depth of two parcels located at Westview, Mayflower and Woodcliff Drives, Mattituck; bounded north by Wnstview Drive; west by Woodcliff Drive; . south by Delisle Inc. and.'~ Orlowski; east by Mayflower Road; County Tax Map No~. 1000-107-8-24 and 11. 7:55 p.m. Application of' PAUL AND BARBARA LEARY, 165 Second Street, New Suffolk, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for permission to construct deck addition with an insuf- ficient sideyard setback (and rebuild existing steps) at 165 Second Street, New Suffolk, NY; bounded north by Pugsley; west by Martin; south by Brophy; east by Second Street; County Tax Map Parcel No. 1000-117-10- 20.5. ~'"0:00 p.m. Application Qf'~ [ WILLIAM E. AND PAUL A. ~ [ TUITE, 1777 Harvard Avenue,I ~ Merrick~NY 11566 for a I ] Variance to the Zoning ~ 4~ Ordinance, Article III, Sec- ) ~ tions 100-31 and 100-36 for [ ~ permission to construct addj-I ~ tion to existing dwelling with ~ ] reduction in sideyard at the \ ] South side of Midway Road, \ Lseuthold; Cedar Beach Par~) 6TFuiled Map No. 90, Lot 113;'~ rther identified as County ~ ax Map Parcel No. 1000-90-2- ) '8:05 p.m. Application ofJ VERA GRETCHYN MARl- NO, One Denton Road, Kings ~. oint, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 200A over a private right-of-way located off Soundview Avenue and referred to as "Hyatt Road - Private Road No. 10", Southold. Location of Property: 1925 Private Road #18, Southold; bounded north by Neslage and Private Road; west by Lindmeyer; south by L.I. Sound; east by Reise; County Tax Map Parcel No. 1000-50-1-20. 5:15 p.m. Recessed Hearing: Application of VINCENT W. ANNABEL, Ap- peal. No. 2805. 8:30 p.m. Recessed fNearing: Application of ORTH FORK BANK AND TRUST CO., Appeal No. 2987. Dated: June 17, 19~2. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary //1TJyl-4O01 COUNTY OF SUFFOLK, STATE OF NEW YORK, 1 t ss: J .~?.O.y... ~u. ?~ .a.V.~.O..1~. ................... being duly Sworn, says that .h..e ..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and titat the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in each week, for ....... or~e ................ weeks successively commencing on tile ..... ~.~.~. ................. day of ....... .J'.xlly ( .~,~%. Sworn to before me this ...~.~.~ ..... I I dny of .... ~T.~I~.Y. ........ 19.~.2.. ! / ,~ /! HELEN K DE VnE NOTARY PUBLIC, State ol New York No. 470787~. Suffolk Ceu~l~ T~rm Expires March 30, 19~_~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS SUFFOLK COUNTY Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 June 14, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk JTT/bn Enclosures Transmitted herewith is Zoning Appeal No. 3005 application of William E. & Paula A. Tuite for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Town Clerk Copies of the Legal Notice for July 8, 1982 to the following on or about June 28, 1982: L.I. Traveler-Watchman Suffolk Times, Inc. Town Clerk Bulletin Board Abigail A. Wickham, Esq. for A. Carnes and NFBTC Ms. Annette G. Carnes Rensselaer G. Terry, Esq. for M. Dellano Ms. M. Dellano Richard J. Cron, Esq. for H. Walters Mr. and Mrs. George H. Boehle Mr. and Mrs. Paul Leary Mr. and Mrs. Wm. E. Tuite at Merrick and Southold Vera G. Marino, Esq. at Kings Point Mr. Vincent W. Annabel, Stillwater Avenue, Cutchogue REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the addition we would like to add is 10z~2' wide. This would reduce the side yard setback to 8.42'. An addition reaching to ll'3~! of the boundary only would be 7' 6" wide with a usable space of no more than 7'. The present kitchen is too small to eat in and the layout is such that a 7' addition would be barely adequate. Considering the level of construction costs it would be poor economics to construct a small addition that conforms and we would be left with a home without adequate eating facilities. 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 CHARACTER OF THE DISTRICT because there is already a nearby garage on the property within 7'~' of the same boundary line. There is no building on the adjacent property close to the proposed addition. Also an unattractive,high stockade fence would be removed, actually improving the appearance of the area. There is also a garage on the property on the opposite side within 2'3" of the boundary line. STATE OF NEW YORK ss . . ~., COUNTY OF zo,~,.~,~ ) Sworn t.q this ................. ~...~...~ ................... day of .......... ~.~).~'~ ............................ 19 ~'~-- HILDL~AItDE OPPEI; PUBLIC, State of N~ Y~ 8225221 Nauru C~ TOWN OF SOUTHOLD, NEW YORK kIUN APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA, NO. TO THE,ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, ,N. Y. 1, .......... of ..................................... Nome of Appellant Street and Number ..... ..M..e..r..r..i.g..k. .......................................................................... .N..~.~r..,~.0~'~ .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD Of APPEALS .FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO...n. 0...r.nU..~..b..e.?.....~.s.~.u.?.~... DATED .~.u.?...~.1.98..2. ............................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) William E. Tuite Name of Applicant for permit of 1777 Harvard Aven~e Merrick New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY permit to construct ]. LOCATION OF THE PROPERTY ,,5..~.O...~.~Z...~...°~...d.~...~.°.~.h.P..i.~ .......... .a..e..8.E~...B..e.~.o..h...~.k. ....... Street Use District on Zoning Map 90 ll3 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 quote the Ordinance.) ~krticle Tl-r sec. 100-31 Bulk Schedule and sec, 100-~6 3. TYPE OF APPEAL Appeal is made herewith for (x) 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 previous appeal ~J~) (has not)~ been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal wes ( ) 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 is requested for the reason that ~'orm zm! (Continue on other side) 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 intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (S~n) (S ~1~::~-: ?~;-;,.,~i~ (the followin~g relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follo~: 3. That the p. roperty whi~ is the %ubject~( such ~°etition is located in the following zoning district:/~ 4. That by such Petition, the undersigned will request the following relief: .t'~f.A~e.~.~- ~ 5. That the provisions of the Southold Town Zoning Code ao~licable to the relief sought by the under- signed are Article ~ Sect~o~ /~,~/~/~' ~.~Z~ ~..~. /~-~ 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. r 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. ated: ,¥ Petitioner Post Office Ad,dress 177'7 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS E'. ~-u,: r~ , residing at / 7 7 7 /¢/;,f~ ~O /3 :;~'-~ u e- /~e-,f~'t ~ ~'. /-;? '4. ,,,r'~'~ , being duly sworn, deposes and says that on the /.~/'~ day of 9'u,~6' ,19 F-L , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at /,~ ~14'? / c ,~ ~J. ~, (certified) (registered) m~il. Sworn to before me this /~/~ day of ,.,-u,v,F ,19 F~ v Notary Public ; that said Notices were mailed to.~id persons by · '~-P. ,~ iNST~,UCT IOH~.: -- -~-o) In order that the preparer will project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sionificomt and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not ..' .~ (d) ' '' EI.IVIRO~,.,E~.TAL AsSESSHENI huxl4 answer the questions in this short EAF it is assumed use. currently available information concerning the Yes V<No Yes, V No Yes/No Yes, ~Nq Yes I~No Yes 'No 'Yes W/No Yes W"No Yes W"No Yes ~'"No yes W'No Yes Yes' /No significant. Environmental Assessment }. Will project resul% 'in o large physical change to the project site Or physically alter more than 10 acres of land? ..................... 2.¥1ilt there be a major change to any unique · unusual land form found on the site? ......... 3. ¥/ill project alter or have a large'effect'on ' existing body of %voter? ................ 4..¥1ill project have a potentially large on groundwater quality? ...................... 5. ¥/ill project significantly effect drainage flow on adjacent sites? ' 6. ¥/ill project affect any threatened or endangered plant or animal species? .......... ... 7. ¥/ill project result in a major adverse quality? ' air 8. ¥/ill project have a major effect on visual character of the community or scenic views or vistas knows 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 environmental area by local oDency? " 10. Will project have a major e~fect on existing ? ' or future recreational opportunities. ........ 11. ¥/ill project result in .major traffic problems o~ cause o major effect to ex.isting transportation systems? ....................... ., , 12. Will project .regularly cause objeciionable odozs, noise, glare, vibration, or electricol disturbance os o result of the project's operoiion? ' 13. %'/ill project have any impact on public health or.safety? ............. directly cousin9 o growth in permanent population of more thom 5 percept aver a one year period or have o major negative effect on the chare%'{'er o~ the community or neighborhood? ....................... ~$.;fi~ .... Is there publzc controversy concernz project? ...................................... (Today' s Da~.e) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~ //g~'~ Location of Property: ..~t~O Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ 4 May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] ~[ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or 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 your s~ (Signaturefease~'~ L :;h- }: t :9'-:' : '-'; ,I r~