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HomeMy WebLinkAbout2980 Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. '11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2980 Application Dated May 3, 1982 TO: Mr. and Mrs. Robert E. Wall Montauk Avenue Fishers Island, NY 06390 [Appellant(s)] At a Meeting of the above on your the Zoning Board of Appeals held on May 26, 1982 appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Reauest for A public hearing concerning this appeal was held on May 26, 1982. Upon application of Robert E. and Eileen G. Wall, Montauk Avenue, Fishers Island, NY 06390 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached two-car garage in the sideyard area. Location of Property: Southwest Side of Montauk Avenue, Fishers Island; bounded north by Strunk and Montauk Avenue; east by Kernan and Montauk Ave.; south and west by Kernan (and Alpine Avenue); County Tax Map Parcel No. 1000-10-8-13. The board made the following findings and determination: By this appeal, appellants seek permission to locate an acces- sory 20' by 30' two-car garage in the sideyard area with a setback distance of five feet from the side property line and located partly in the frontyard area as indicated on the map submitted with the appeal application. The board agrees with the reasoning of appellants, and the proposed location does appear to be the most feasible and practical under the circumstances herein. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on avail- able 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 applied for. On motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2980, application of Robert E. and Eileen G. Wall for permission to construct accessory garage structure in the side and front yard area be and hereby IS APPROVED AS APPLIED FOR. Location of Property: Southwest side of Montauk Avenue, F.I.; County Tax Map Parcel No. 1000-10-8-13. Vote of the Board: Ayes: Messrs." Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. DATED: June 4, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPE AL~~ ..... RECEIVED AND FILED BY Town C'~.erk, To~ of ~uthold THE SOUTHOLD TOWN CLERK OAT~ ~;/,~/s~ I~Otmla:/s~..,,!... ,..~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J~ DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llC:J?l 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 scheduled for public hearings to be held at the Southold Town Hall, Main Road, Southold, NY on Wednesday, May 26, 1982, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Montauk ROBER__T AN~D EILEE_____~N WAL__L, Avenue, Fishers Island, NY 06390 for a Variance to the Zoning Ordinance, ~ Article III, Section 100-32 for permission to construct detached _ two-car garage in the sideyard area. Location of Property. _ Southwest Side of Monta~k Avenue, Fishers Island, boun~ed north by I Strunk and Montauk Ave., east by Kernan & Montauk Ave., south and est by Kernan; County Tax Map Parcel No. 1000-10-8-13. 7:35 p.m. Application of ROBERT W. GILLISPIE, JR., 15345 Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to increase fenced area around frontyard pool to a height exceeding the maximum-permitted four feet. Location of Property: 15345 Main Road, East Marion; bounded north by L.I. Sound; east by Swick & Woglom; south by Main Road; west by Gillispie; County Tax Map Parcel No. 1000-23-1-5. 7:40 p.m. Application of ERNEST E. WILSBERG, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient )~1 area and road frontage of two parcels located at Ole Jule Lane, Mattituck; bounded north by OleJule Lane; west by Hunt and others; south by OleJule Lane; east by Wilsberg; County Tax Map Parcels No. ~000-122-5-12 and 13. ~:45 p.m. Application of the ESTATE OF ANN DONAHUE, by Madeline J. Heinisch, 86 Beverly Drive, Albertson, .NY 11507. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback at 41575 C.R. 48, Southold; bounded north by Spyropoulos; east by Hobson; south by C.R. 48; west by Larsen; County Tax Map Parcel No. 1000-59-3-21. 7:50 p.m. Application of JOHN H. & KATHRYN ROSE, 1710 Pike Street, M~tituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition ~°Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 26, 1982 to existing garage reducing the rearyard setback. Location of Property: 1710 Pike Street, Mattituck, NY; bounded north by Pike St.; west by Eckert; south by Verme and Pike; east by Zahra; County Tax Map Parcel No. 1000-140-3-19. 7:55 p.m. Application of Environment East Inc., 3075 Indian Neck Lane, Peconic, NY as agent for LEIGHTON WIGLEY, for a Variance to New York Town Law, Section 280-a for approval of access over a private right-of-way located off the north side of Grand Avenue, Mattituck, NY. Location of Property: 3325 Grand Avenue, Mattituck, NY; bounded north by Black; west by Mat- tituck Cr~; south by Ely; east by Black & Ely; County Tax Map Parcel No. 1000-107-1-12. 8:05 p.m. Application of PETER S. TERRANOVA, Box 77, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct deck with insufficient yard setbacks and exceeding the maximum-permitted lot coverage ~o requirement at 565 Sound Avenue (a/k/a 1170 Huntington Boulevard), Peconic, NY; Peconic Shores Subdivision Filed Map Nos. 117 and 654, Park of Lot #12; and further identified as County Tax Map Parcel No. 1000-67-2-1. 8:15 p.m. Application of ANTHONY & CARMELA PRISCO, 93 Croyden Court, Albertson, NY 11507 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct extension ~ to existing dwelling reducing the rearyard setback. Location of Property: 370 Sunset Way, Southold; Cedar Beach Park Filed Subdi- vision Map 90, Lot 161; further identified as County Tax Map Parcel No. 1000-91-1-7. 8:20 p.m. Application of ALICE G. LEVIEN, Box 992, Cutchogue NY for a Variance to the Zoning Ordinance, Article III, Section ~ 100-30A for permission to construct storage building on a vacant lot. Location of Property: 990 Beebe Drive, Cutchogue; Moose Cove Filed Subdivision Map 3230, Lot 25; further identified as County Tax Map Parcel No. 1000-97-7-9. 8:30 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 permission to construct a drive-in banking facility with canopy entending into the frontyard area. Location of Property: Mattituck Shopping .Center, Main Road, Mattituck; bounded north by New Bethany Cemetery Page 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 26, 1982 Association; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by Main Road; County Tax Map Parcel No. 1000-142-1-26. 8:35 p.m. Application of JEROME E. & M. DOROTHY BLOOM, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance~'~ to the Zoning Ordinance, Article III, Section 100-31 for approval 2! of insufficient width of two proposed parcels located on the north side of Main Road, East Marion; bounded north by Jayne & L.I. Sound; west by Swick & Shikler; south by Nodine and Main Road; east by Hicks and Williams; County Tax Map Parcels No. 1000-23-1-10 and 11. 8:40 p.m. Application of NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing premises into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue; bounded north by Bay Avenue; west by Cutchogue-New Suffolk Park District and Nassau Point Causeway Association; south by Groff; east by Lehmann and Broadwaters Cove; County Tax Map Parcel No. 1000-104-8-2.1. Dated: May 15, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secr. Copies have been furnished to the following on or about May 15, 1982: Mr. and Mrs. Robert Wall Mr. Robert W. Gillispie, Jr. Richard J. Cron, Esq. as attorney for Mr. Ernest E. Wilsberg Mr. and Mrs. Jerome E. Bloom Mrs. Madeline J. Heinisch for the Estate of Ann Donahue Mr. and Mrs. John H. Rose Environment East Inc. for Leighton Wigley Mr. Peter S. Terranova Mr. and Mrs. Anthony Prisco Mrs. Alice G. Levien Abigail A. Wickham, Esq. as attorney for NFBTC Stephen F. Griffing, Jr., Esq. as attorney for Mr. Norman C. Boos Town Clerk Bulletin Board Supervisor and Members of the Town Board ZBA individual files INSTRUCTIONS TO L.I. TRAVELER-WATCHMAN and SUFFOLK TIMES, INC.: Please publish Thursday, May 20, 1982 and forward 12 affidavit(s) of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before May 25, 1982. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ... ~.~. l.~.,. . ~S~. ~ ~/. . .e.l~ q~~ ......... ~.~. ....... .o.~ ~.?. ~ .~.~ ~s~ T~ ~o~Ic~ ~a, ~o~r a~i~a~' n ~ ~ 3, ~9 ~ for pe~it to construct, , .~ ~ , . 7~..~ ..~~. ,d ~...~ ........ at Location of Property S~- ' '~~ d~_ ~S r ~ ~o]' ' 'c ............................................ Street ~mlet ~ou.,,~ax~, ~o. 1000~,io~ ...... /.~ .... .,oc~ ....... E .... ~ot ..(5. ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds....~.~...~~ RV 1/80 TOWN OF $OUTHOLD, NEW YORK MAY, 0 3 1987. APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~ ~, ~.~, ~' ' ?t' ~ ~ ~,~',' ,~- ~.:~;. ~, ~-'~ '~'. ...... ~ ................. ~ ........ TO ~HE ~t~G ~OAR~ O~PPE~"~?~D:'~. ~,' ~;~"~"' 2~ "~"~g~'c';~" "~'$.~'~ "~'~'~'"~'~;~'~ ' .......................................... ..... No~ at, ~oeno~t[. t , ' , ~ ,. '_...~}~ ~ Number ........................................ '.LL~:.~._..' ~t.x~.iZ ......... HEREBY 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 (') ( ( Name of Applicant for permit at ........ .......................... Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY Street Use District on Zoning Mop ........... ....................... L,3. ................... 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 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. 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 ( ) is requested for the reason that /4)¢. ~.4)~.a.(4~ a~; ~'~ ~ ~D/~'~2J4~_~' ~ d~l.(~l,,~ ~ ~ 0__~ l~orm W.~l (Continue on other side) REASON FOR APPEAL Continued · , .1, ~S][RI,(~T, APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ~a~ HAR~P because ~¢ ~ ~AS~ ~ O~6~ 2. The hardship created is ,.,U~.Ua.E cmd,,ij,.ng},s~afed ,by.ag J)roperties 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 .S'rA ~1~',~ .~. ,.,~:.~v~/` ~ ~?~:~)~'~",~ ~,',.~. ~.~...~.,~.~ COUNTY OF ~U~°~K ) Signature ~o~. ,o ,~,~ ................ ~..~.c~ ............... ,~ o, ............. ~ ...................... 19 ff Notary Public M~Y B. PANKIEWtOZ ~y ~. ~A~ M .N~ South°Id Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, Jr. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWICKI June 8, 1982 'Mr. and Mrs. Robert E. Wall Monta~k Avenue Fishers Island, NY 06390 Re= Appeal No. 2980 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 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 QI the Town Law and the Pro~isions of the Amended Cod/k of the Town of Southold, the//following matters will be schC~duled for public hearings to be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Wednesday, May 26, 1982, commencing at 7:30 p.m. and as follows: ,7:30 Application o~ AND EILEEN WALL, Montauk Avenue, Fishers Island, NY 06390 for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct detached two-car garage in the sideyard area. Location of Property: Southwest Side of Montauk Avenue, Fishers Island; bounded north by Strunk and Montauk Ave.; east by Kernan & Montauk Ave.; south and west by Kernan; County Tax Map Parcel No. 1000-108-13. 7:35 p.m. Application o] ROBERT W. GILLISPIE, JR., 15345 Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to increase fenced area around frentyard pool to a height exceeding the maximum-permitted four feet. Location of Property: 15345 Main Road, East Marion; bounded north by L.I. Sound; east by Swick & Woglom; south by Main Road; west by Gillispie; County Tax Map Parcel No. 1000-23-1-5. 7:40 p.m. Application of ERNEST E. WILSBERG, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for approval of insuf- ficient area and road frontage of two parcels located at Ole Jule Lane, Mattitack; bounded north by Pie Jule Lane; west by Hunt and others; south by Pie Jale Lane; east by Wilsberg; County Tax Map Parcels No. 1000-122-5-12 and 13. 7:45 p.m Application of the ESTATE OF ANN DONA- HUE, by Madeline J. Heinisch, 66 Beverly Drive, Albertson, NY 11507, for a Variance to the Zoning Ordinance, Article IIL Section 100-31 for permission to construct addition to dwelling with an ' ~ficient frontyard setback _, 41575 C.R. 48, So'~oundad north by Spy~openios; east by Hobson; south by C.R. 48; west by Larsen; County Tax Map Parcel No. 1000-59-3-21. 7:50 p.m. Application of JOHN H. & KATHRYN ROSE, 1710 Pike Street, Mattituck, N.Y for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing garage reducing the rearyard setback. Location of Property: 1710 Pike Street, Matti~uck, NY; bounded north by Pike St.; west by Eckert; south by Verme and Pike; east by Zahra; County Tax Map Parcel No. 1000-140-3-19. 7:55 p.m. Application of Environment East Inc., 3075 Indian Neck Lane, Peconic, NY as agent for LEIGHTON W1GLEY, for a Variance to New York Town Law, Section 280-a for approval of access over a private right-of-way located off the north side of Grand Avenue, Mattituck, NY. Location of Property: 3325 Grand Avenue. Mattituck, NY; bounded north by Black; west by Mattituck Crock; south by Ely; east by Black & Ely; County Tax Map Parcel No. 1009.107-1-12. 8:05 p.m. Application of PETER S. TERRANOVA, Box 77, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct deck with insufficient yard setbacks and exceeding the maximum-permitted lot coverage require am~n~aa ~ ~~ Sound Avenue ( Huntington Boulevard), Peconic, NY; Peconic Shores Subdivision Filed Map Nos. 117 and 654, Park of Lot #12; and further identified as County Tax Map Parcel No. 1000-67-2-1. 8:15 p.m. Application of ANTHONY & CARMELA PRISCO, 93 Croyden Court, Albertson, NY 11507 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct extension t° existing dwelling reducing the roaryard setback. Location of Property: 370 Sunset Way, Southold; Cedar Beach Park Filed Subdivision Map 90, Lot 161; further identified as County Tax Map Parcel No. 1000-91-1-7. 8:20 p.m. Application of ALICE G. LEVIEN, Box 992, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to construct storage building on a vacant lot. Location of Property: 990 Beebe Drive, Cutchogue; Moose Cove Filed Subdivision Map 3230, Lot 25; further identified as County Tax Map Parcel No. 1000-97-7-9. 8:30 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 permission to construct a drive-in banking facility with canopy extending into the frontyard area. Location of Property: Mattituck Shopping Center, Main Road, Mattituck; bounded north by New Bethany Cemetery Association; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by Main Read; County Tax Map Parcel No. 1000~142-1-26. 8:35 p.m. Application of JEROME E. & M. DOROTHY BLOOM, by Richard J. Cron, Esq., Main Road, Cutchngue, NY for a Variance to the Zon- ing Ordinance, Article III, Section 100-31 for approval of insufficient width of two proposed parcels located on the north side of Main Read, East Marion; bounded north by Jayne & L.I. Sound; west by Swick & Shikler; south by Nodine and Main Road; east by Hicks and Williams; County Tax Map Parcels No. 1000-23-1-10 and 11. a:40 p.m. Application of NORMAN C. BO~ ' One Ce "' dar Street, lvias, equa, NY 11758, by Stepl{en F. Griffing, Jr., Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing premises into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue; hounded north by Bay Avenue; west by Cutchogue-New Suffolk Park District and Nassau Point Causeway Association; south by Gruff; east by Lehmann and Broadwaters Cove; County Tax Map Parcel No. 1000-104-8-2.1. Dated: May 15, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowaiski, Secr. 1TMy20-3967 rY OF SUFFOLK, OF NEW YORK, } ss: Ir..~.u.e.t..ay.s..o.n. .................. being duly Sworn, lat ...h.e..., is Printer and Publisher of the SUFFOLK LY TIMES, a newspaper published ~rt Greenport, in said and ~hat the notice, ol which the annexed is a printed ~s been published in the said Suffolk Weekly Times each week, for ...... .o.~.e ................. weeks iv~ly commencing on the .... .2.0.~..h. ................ ·. May... ~ :~ '.-.. ~ "?. to before me this ... ~.0..~1... · ...... H£t ~N K DE ~erm £~pl~s ~arc[1 ~(]~ i~ Southold Town Oard of Appeals -12- y 7,'1982 ENVIRONMENTAL DECLARATION: Appeal No. 2980~ Application of Robert E. and Eileen G. WALL. Variance to place accessory garage in the sideyard area. Montauk Avenue, F.I. On motion by Mr. Grigonis, it was seconded by Mr. Goe~ringer, RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of ROBERT & EILEEN WALL: 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 within 300 feet of tidal wetlands. 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: Montauk Avenue, Fishers Island, NY; CTM #1000-10-8-13. Vote of the Board: Ayes: M~ssrs. Douglass, Goehringer, Doyen and Grigonis. Absent was: Member Sawicki. JUDITH T. TERRY TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 May 3, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2980 application of Robert E. Wall & Eileen G. Wall 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. JTT/bn Enclosures Town Clerk Today' s Date: Members Absent~ if any: Appeal No. Agenda Item/,Matter of: Type of Variance or Appeal: Resolution made by: Seco n ded by: Action: ( CApprove as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) %qithdrawn without Prejudice ( ) GCharles er e rlgonts ~o~n Robert ~ Gerard ~IoseDh. Dougraiss uoenrmger ~awlcK~ (') ('v~)'( ) ( ) ( (~/Y ( ) ( ) ( ) ( ) ( ) Approve with the followmg conditions: ( ) Subject to County Plannin9 referral ( ) Subject to Plannin9 Board approval ( ).,Subiect to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other: Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is within Variance is Substantial in Relation to Code spirit of the zoning code Not .in ha~gny .with purposes of the Code ( ) Relief is not substmntial Hardship not sufiicient ( ) Burden of hardship or difficulty shown Circumstances are. Not Unique : ( ) Circumstances are unique Will set a precedent in the neighborhood ( ) Variance will not change character of Area is already very congested the neighborhood Interests of justice served by denying ( ) Interests of Justice served by granting ( ) Othe~ for Special Exceptions Vote of the Board: Ayes: (/j'CG ( ) SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) .( ) ( ( ( RD (.)Ga (~- () () () () () () NOTICE NOTICE IS HEREBY' GIV- EN, pursuant to Section 267 of the Town law and the Provi- sions of the Amended Code of the Town of Southold, the following matters will be scheduled for public hearings to be held by the $outhold Town Board of Appeasls, at thd Southold Town Hall, Main Road, Southold, N.Y. on We4- nesday, May 26, 1982, com- mencing at 7:30 p.m. and as follows: !7:30 p.m. Appiic:ati°n of~k OBERT A N D EILEEN ALL, Montauk Avenue, ishers Island, NY 06390 for art&nee to the Zoning OrdillL.. nee, Article 111, Section 100- 32 for permission to construct detached two-car garage in the sideyard area. Location of Pro- pety: Southwest Side of Mon-f tauk Avenue, Fishers Island; bounded north by Strunk and~ Montauk Avenue; east by~ Kernan & Montauk Ave.; south and west by Kern&n; County Tax Map Parcel No. 1000-10.8.13. ~ 7:35 p.m. Application of ROBERT W. GILLISPIE, JR., 15345 Main Road, East Mar- ion, NY for a Variance to the Zoning Ordinance,' Article IH. Section 100-35 for permissio.n to increase fenced area around frontyard pool to a helghL~. exceeding the mssimum- permitted four feet. LocatiOn of Property: 15345 Main Road East Marion; bounded north by L.I. Sound; east by Swick & Woglom; south by Main Road; west by Gillispie; County Tax Map Parcel No. 1000-23-1,5. 7:40 p.m. Application ERNEST E. WILSEERG, 'Richard J. Cron, Esq. Main Road, Cuteho~un, NY for Variance to the Zoning Or- dinance, Anlde IH, Sectfoa 100-31 for approval of insuf- ficient area and road frontage of two parcels located at Ole Jule Lane, MattRuek; bounded north by OleJule Lane; west by Hunt and others; south OleJule Lane; east by Wils- berg; County Tax Map Parcels No. 1000-122-$-12 and 13. 7:45 p.m. Application of the ESTATE OF ANN DONA- HUE, by Madeline. J. Hein- isch, 86 Beverly Drive, Albert- son, NY 11507, for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for permission to construct ~idi, tion to dwelling with an insuf- ficient frontyard setbs~'.k 41575 C.R. 48, Soutbold, bounded north by Spyropou- los; eas~ by t~nnon; south by C.R. 48; west by Larsen; County Tax M&p Paroel 1000-59-3-21. 7:50 p.m. Application JOHN H. & KATHRYN ROSE 1710 Pike Street, M&t~ituck, NY for a Variance to the Zon- ing Ordinance. Article I11, S~tion 100-31 for permission to construct addition to exist- lng garage reducing the re,r- yard setback. Location of Pro- -- perry: 1710 Pike Street, Matti- tuck, NY; bounded north by, Pike St.; weal by Eckert; south by Verme and Pike; e~Sy by Znhra; County Tax Map P~trc~4 No. 1000-140-3-19. 7:S5 p.m. ApplJcaglon of', Environment Ea~t inc., 3075 Indian Neck I~ne, Peconic, NY as agent for LEIGHTON WIG- LEY, for a Variance to New York Town Law, Section for approval of access over a private right-of, way located off the north side of Grnd Avenue, M~lituck, NY. Location of Property: 3325 Grand Ave&uni Mattttuck, NY; bounded north by Bla~; west by Mattitnek 'Creek; south by Ely; e~t Black & Ely; Couhty Tax M&p P~rcel No. 1000-107.1:12. PETER S. TERRANOVA ?7, Peconie, NY ~or a Variance to the Zoning Ordinance, Artiole HI; Sections 100-31.and 100-34 for:'lmmlssfon to mn. s~uct deck' witli,iinsufficient .' yard s~tb~.ks 'and '~Xceed~ng the maxlmu~n;permi?ed lot COVerage ~quiremunt at Sound Avenue (a/k/a 1170 Huntington Boulevard), Pe- comc, NY: Peconic Shores' Subdivision Filed Map Nos. 117 and 654, Park of Lot and further identified as. County Tax Map Parcel No. 1000-67.2-1. 8:15 p.m. Application of ANTHONY & CARMELA PRISCO, 9~t Ctoyden Court, Albertson, NY 11~07 for a Variance to the Zoning Ordin- ance. Article HI, Section 100- 31 for permission to conctmct extension to .existing dwelling reducing ~he ~earyard setback. Location of Property: 370 Sunset Way, Southold: Cedar Beach Park Filed Subdivision Map 90~ Lot 161: furthe~ identified as ~County Tax Map Parcel No. 1000-91-1-7; 8:20 p.m. Application' of ALICE G. LEV[EN, Box 992, { Cutchogue NY for a Vartan/'e to the Zoning Ordinaece~ Article IlL Section IO0-30A for permission .lo Construct sto~ age building on a vacant lot; Location of Property: 990 Beebe Drive, Cutchogue~. Moose Cove Wried Subdivisiofl , Map 3230. Lot 25: furthei,~ identified as County Tar Map ,. Parcel No. 1000.97.7.9. 8:30 p.m. Application of NORTH FORK BANK & TRUST CO., by Abigail 'Ac Wickham, Esq., Box 1~24,..e-'" Mattituck, NY for a Variance to the Zoning Ordinance; Article VII, SectiOn 100-71 for permission to construct a. drive-in banking facility witli canopy entending into the frontyard area. Location of Pwpeny: Mattituck Shopping Center, Main Road, Mut~ituck: bounded north by New Beth- any Cemetery Association: west by Faaory Avenue; south by Ardprop inc. and Main Road; east by Main Road; County Tax Map parcel No. 8:35 p,m. Application of JEROME E. & M. DOROTHY BLOOM, by Richard J. Cron, Esq,, Main Road, Cutchogue,.~ NY for a Variance to the Zoning Ordinance. Article III. Section 100-31 for approval of tnani~eient width of two pro- posod 'parcels located un the Marion; bounded north by Jayne & L.L Sound; west by. Swick & Shlkler; south by Nodine and Main Road; east by Hlchs and Williams; County Tax Map parcels No. 1-10 and. 11. 8:40 p.m. Application of NORMAN C.BOOS, One Ced- ar Street, Massepequa, NY 11758, by Stephen F. Jr., Esq.'for a Variance to tho Zoning Ordinance. Article In, Soetiun 100-31 and A~icle Sec~un 100-51 for permission to ceduee land a~ea for exf~ marina by dividing ptemisos into two parcel~, each insufldent upland a~ea. Lbca- tion of Pmpe~y: South Stale of Bay Avenue (a/k/a 8000 Skunk Lane), Cutehogu~ bounded no~h by Bay Ave. hue; west by Cu~clm~ue-New Suffolk Patk,Distflet and Nan- san F,,:-.i Causeway Assoda- tlon; south'by Gruff; eaa~ by Lehmunn and Broadwateta Cove; County Tan Map Parcel No. 1000-104-8-~d. Dated: May 15, 1982 BY ORDER OF TItE SOUTHOLD TOWN son ov GERARD P. GOEHRINGL~R CHAIRMAN COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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 TraveJer-Watch- men once each week for ..... ~.. ............................... week/ successively, commencing on the ~ day zo~Z..., .......... .~...~..r...~. ........... ~ ............. 19 ........ ....... Sworn to before me this ~ day of ................. Z~.~ ................ , ~9.....r.~ CLEMENT J, THOMPSON NOTARY PUBLIC, State of New York ~!a. 52-g321725 ~osiding iff Suffolk County ~0mmissi0~ Expires M~r~h 3A, )~ TOWN OF $OUTHOLD, NEW YORK ~AY 0 3 lC~ APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEL No. ~ ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We) ~?~.~.~..~;'.~..~..¢.~. .............. of ~;~..~i.~...~..k....~ ....................... Name of Appellant Street and Number .~.£..(~.I~....L~.(..C~...~...~ .......................................................... ~...~..'. ................. HEREBY APPEAL TO Municipality State THE ZONING BOARD Of APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.....~..Q .,9...q.. ...................... DATED .~..~!'..C.....~...~..!.~..~...~.. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ~.e~.....c....~i.~.~..~..n...~ .................... Name of Applicant for permit o, ~ m~.e.~.~..~..~.L~....,.~.~.~...~.(.~...o..~ ....... ~..y..: .......................... Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY'N~ZI~......~...~.~...~ ..................... ..~...'....! ................................... Street Use District on Zoning Map ...a~......-....L~...:.....~. ........ .-. .............. ,/..~. ...................... 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.) 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 previous appeal (~ms) (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 ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection '~ ) A Variance to the Zoning Ordinance ( ) is requested for the reason that /4)~ c4)O~J-C<~' Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because-~ ~(~ik) ~ ,' f~-" ' ' '' ~ ":% ~ ' 2. The hardship created is UNIQUE and is not shared by ail 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 STATE OF NEW YORK ) ) COUNTY OF ~UFz~Dck) SS Sworn to this ................. .?.....~.~ ............ day of ..............'/~ ¢n' 'i~) L~_."%.....'-:-r:~... ...................... 19 ~ MARY B, PANKIEWlCZ ~I~Y ~UBUC. S~T~ ~ NEW Y~ N0. 52~ - ~ ~ 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. Thee intention of the undersigned to petition the Board of Appeals of ~he Town of Southold to request a ~) (Special Exception) (Special Permit) (the following relief: 2. That the property~which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~,f'-~t~ L~ ~-~L)~C_ ~tin '~Fk~,~'ac(~ ~ ' ~ ~ ~/_.~(~_' 3. That the property which is t.he subject of such Petition is located in the following zoning district: 4. That by such Petition, thc undersigned will request the following .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A:T_L¢le ~ E~ct~o~. / 0-~ - --~ 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 ma), then and there examine the same during regular office hours. (516) 765-].809. 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: ~/Ol~t (- c~'~.(~ ~ Petitioner Post Office Addres~ r.o. PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~L~, ~.~ b~ '~?O ' . deposes and says that on the ..~ day , being duly sworn, of; ~ ~' ,19 ~'7.~ , 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 cur~.~merl~ roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at :, ~0.~..-~, /~.y Ob'~ ~'a ;that said Notices were mailed to each of said persons by (certified) (re~eee~) mail. ' Sworn to be. fjT. re me.this c~ 3,,~ day of ~ ,19 ~ ~otary Public c:~ MARY B. P~KI~ ~. s2~ _ ~ ~ SuffolE Counfy License No. 232-P AMERICAN STANDARD PRODUCTS U.S. CARLIN OIL FIRED WATER HEATERS ROBERT E. WALL PLUMBING AND HEATING CONTRACTOR BOX 595 FISHERS ISLAND, NEW YORK 06390 ~/~9,, P.~4' c ........ '3 ~ INSTRUCTTONS: // SHORT EHVIP, ONk~ENTAL ASSESSM~:N~ ruF,~a (a) In 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 will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If oll questions have been ans¥/ered No it is likely %hat this project is not significant. -. (d) Environmental Assessment ' 1. Will project result in o large physical change '' to the project site or physically alter more than 10 acres of land? Yes ~ No 2. ¥/ill there be a major change to any unique or -unusual land form found on the sit&?. Yes ~ No 3. ¥1ill project alter or have a large'effect on existing body of water? ...................... Y~s~ NQ 4.. Will project have a potentially large impact on groundwater.quality? .................... ... Yes%, No 5. Will project szgnificontly effect drainage flow on adjacent si~es? Yes ~ NQ 6. %'1ill project affect any threatened or endangered plant or ~nimal species? .......... Yes ~ No 7. Will project result ino major adverse effedt ' ' on air quality? .............. ................. Yes ~ No 8. ¥;ill project have o major effect on visual character of the community or scenic views or vistas known to:be imporlont to the community? Yes % No 9. Will project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental oreo by o local agency? ................... . Yes % No 10. Will project have o major effect on existing or future recreational opportunities? ......... Yes~' No ll. Will project result in.major traffic problems ' '' o~ cause o major effect to existing transportation systems? ....................... Yes~. No 12. Will project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's [ion? ' Yes ~ No opera' 13. Will project have any impact on public health or.safety? .................................... Yes ~ No 14. Will p~oject affect the existing community by directly causing a growth in permanent population of more than 5 percegt over a one year period or have o major negative effect on the character al the community or Yes% No neighborhood? ............ project? ...................................... Yes ~ No REPRESENTING DATE _~ LZ! (T~day' s ~ate) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of~';L~e~4 ~ L~ Location of Property: ~--;~ l~[.~i~.~ 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 i9 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. not [ ] appear to 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 fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please) 7{~3 3.7A(c) W£ST (Gt~T GOOSE ISLAND H.~RSOR) '/ H