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Home My WebLink About2834 TO~ OF SOUTHOLD, ~EV~ YORK ACTIO~ OF THE ZOI~I~G BOAILD OF APPEAL~ Appeal No. 2834 by application Dated May 15, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Charles Booklet 1295 Robinson Lane Peconic, NY 11958 DATE . ~.. ~..~,..4../..~..~ Appellant at a meeting of the Zoning Board of Appeals on June 11, 19 81 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, ·Sec. ( ) 100--32 the appeal granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Public Hearing: 6/11/81: 9:15 P.M. Application of Charles Bocklet~, 12~5 Robinson Lane, Peconic, NY, (by Peter R. Stoutenburgh as agent) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct swimming pool with fence in front (and/or sideyard) area at 1295 Robinson Lane, Peconic, NY; bounded north by Suskevich; west by Robinson Lane and McQueen; south by the bay; east by.~ Wood; County Tax Map Item No. 1000-98-5-2, 3, 4. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance' (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) The hardship created (is) (is not) unique and (would) (would not) be shared by aH properties (wOUld not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk FORM ZB4 ZONING BOARD OF APPEALS' After investigation and personal inspection, the Board finds and determines as follows: By this appeal, appellant seeks permission to construct a swimmingpool with four-foot high fence in the front and side yard areas, with a minimum setback from the westerly property line of 15 feet. The premises in question is located at the southerly end of Robinson Lane, Peconic and contains an area of approximately 80,000 square feet. The premises are improved with a 1-% story frame house and accessory buildings. The Board does agree with reasoning of the applicant. The Board finds that the relief requested is not substantial in relation to the Code requirements; that the relief would not_ change the character of the neighborhood; that no adverse effect will be produced on available governmental facilities of any in- creased population; that the hardship or practical difficulty is unique and not self-imposed; and that the interests of justice will be served by granting the relief as requested. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Charles Bocklet, 1295 Robinson Lane, Peconic, NY be granted a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct swimmingpool with fence in the front and side yard areas as applied for in Appeal No. 2834 and SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the structures be located not closer than 15 feet from the westerly property line; (2) That this matter be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, PR0vED Chairraa~ Board of A~eals RECEIVED AND FILED BY THF. SOUTHOLD TO%UN DATEe//~/6'/ HOUR / D .'~9~1,4.,~1. 10~ ~lerK, 1o~ oI_ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN~ pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, June 11,,1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Edward P. Bertero, 1240 Inlet Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for a~Pr~v~i~f insufficient area of two proposed parcels known as Capt. Kidd Estates Subd. Lots 97 and 98, Filed Map #1672; also known as 1240 Inlet Drive, Mattituck, NY;L~County Tax Map Item No. 1000-99-2-6. 7:30 p.m. Application of ~na L. Bertero, 955 Inlet Drive, P.O. Box 977, Mattituck, NY for a Variance to' the Zoningi!Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of three proposed parcels known as Capt. Kidd Estates Subd. Lots 74,75 and 76, Filed Map #1672; also known as 955 Inlet Drive, Mattituck, NY; County Tax Map Item No. 1000-99-2-8 and 14. 7:40 p.m. Application of Herbert Hoffman by Mrs. Jules Adriaenssens, Box 76F, R.R.#2, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient fr~t and rear yard setbacks at Smith Drive, Southold, NY; also known as Goose Neck Subd. Lots 106, 107,113 and part of 114, Filed Map #1663; County Tax Map Item No. 1000-76-2-~S~.1.' 7:55 p.m. Application of SUsMn C. Tren~alange, 124 Cherry Valley Avenue, Garden City, NY 11530 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck with insufficient front yard setback at 90 Haywaters Road, Cutchogue, NY; also known as Nassau Point Subd. Filed Map #156 Lot 272; County Tax Map Item No. 1000-111-2-4. Page 2 - Board of Appeals Regular Meeting of June 11, 1981 legal adv. 8:05 p.m. Application of Keith and Arden Scott McCamy, 76375 Main Road~.Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to build garage in sideyard area at 76375 Main Road, Greenport, NY; bounded north by Levine, Mazzaferro and Corwin; west by Union Free School Dist. No. 10 and Mazzaferro; south by Main Road; east by Levine; County Tax Map Item No. 1000-48-1-2. 8:15 p.m. Application of Frank J. Abbadessa, 14 Walden Place, Great Neck, NY 11020 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient sideyard area at 1200 Maple Lane & 55 Snug Harbor Road, Greenport, NY; Cleaves Point Sec. II Subd. Filed Map #3521, Lot 40; County Tax Map Item No. 1000-35-6-1. 8:30 p.m. Application of Mobil Oil Cor~.~ 464 Doughty Boule- vard, Inwood, NY 11696 for a Special Exception to the Zoning Ord- ~inance Art. VII 100,70B & Art. ~I 100-118E for permission to replace existing nonconforming tanks at the S/W oorner of Main Road & Youngs Avenue, Southold; bounded north by S.R. 25; west by Frohnhoefer; south by Sullivan; east by Youngs Avenue;County Tax Map Item No. 1000-61-4-23. 8:45 p.m. Application of Nicholas W. Ippolito, 36 Gehrig Street, Commack, NY 11725 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient front, side and rear yard setbacks at 230 Carol Road, Southold, NY; bounded north by Stachtiaris; west by Carole Road; south by Hass; east by Arshamomaque Pond; County Tax Map Item No. 1000-52-2-7. 8:55 p.m. Application of Peconic Cor~., c/o Norris Grain Co., Box 1058, Ocala, FL 32670 for a Special Exception to the Zoning Ordinance Art. III, Sec. 100-30 for permission to convert barn with existing one-f~mily use to a two-family dwelling use at the ~euth side of New Suffolk Avenue, Mattituck; bounded north by New Suffolk Avenue, Cichanowicz, Dove, Reeve and Brooks; west by Page 3 - Board of Appeals Regular Meeting of June 11, 1981 legal adv. Camp Mineola Road, Reeve, Murphy, Peters, Kirchgessner, Haberman, Smith, Norris and ors.; south by the bay; east by Wickham, Bagshaw and Park Avenue; County Tax Map Item No. 1000-115-9-4, (by A. A. Wickham, Esq. as attorney). 9:15~p.m. Application of Charles Bocklet, 1295 Robinson e, Peconic, NY, (by Peter R. Stout~nburgh as agent) for a ariance to the Zoning Ordinance, Art. III, Sec. 100-32 for per- mission to construct swimming pool with fence in front (and/or sideyard) area at 1295 Robinson Lane, Peconic, NY; bounded north by Suskevich; west by Robinson Lane and McQueen; south by the bay; east by Wood; County Tax Map Item No. 1000-98-5-2, 3, 4. Dated: May 22, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, May 28, 1981 and forward 10 affidavits of publication to: Mrs. L. Kowalski, Secretary, Board of Appeals, Town Hall, Southold, NY 11971, as soon as possible. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ~o~r~... ~.-..~.~ ~~... ./~/~,/,~,. h:.~.. ~.~,~ ....... PLEASE TAKE NOTICE that your application dated ..//~../~..~_..~. ~ .......... , 19 d~.. for permit to construct,. ~.~.~. ~.O..,~. ~/7~'' ./A~.C~~..4~.. ~. ~,~. ~.~,~.'~. ~..~-~z... at Location of Property 'r/b 'u~o'.~' '~' ' ' ' ~O"'~"'t~'L/~'~"~'S'tr~t49/~'~ .... ~"~~' ('C"//'l~i~ County Tax Map No. 1000 Section ....(~..~..~. · .... Block ...(~..~ ...... L~O,a7...:. C~O.~.."Tff40~d: Subdivision -- Filed Map No ....... .--7 ........ Lot No .................. is returned herewith and disapprov~ed on the following grounds ~.~.~~ ./C.~...~../E..C,~--~~ · ,~..~? ?.~,~.. ,.o....~.. ~.~. ~... ~.~....~..,.~... ~~' ·.. ......... (. ..... ~,~.~:....~~..:.~..~.~...;. ..... y ..... ........ RV 1/80 O O TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR . APPEALDATE .... NO..~..~ TO THE ZONING BOARD OF APPEALS,__TOWN OF SOUTHOLD, N. Y. Name of Appellon.t Street and Number .................. Municipality State · THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ~ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1- LOCATION OF THE PROPERTY ...... t...-~.~t...O........~..9....~..:...~t...~..t...~.. ...... ......................... Street Use District on Zoning Map .... 1.0.~.~...r.... ~..~....g....-. .... ..~........-. ..... ~.,...~,...Y Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and PoroaraDh of the Zoning._.Ordinonce by number. Do not quote the Ordinance.) 0 7// %z,/_ - a_ 3. T/YPE 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)~en 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 FOP, APPEAL ( ) ~..V~rionce to Section 280A Subsection (/,~ A Variance to the Zoning Ordinance is requested for the reason that "" ,~" ¥ ~J~' e_ l"orm ~.B! (Continue on other side) O REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2 The hardship created is UNIQUE and is not shared by all properties vicinity of this property and in this use district because alike in the immediate CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY Ob~'~~ ) Sworn to this ............... t...~...¢~'.....~.... ........... doy of.i .............. ~.~ ................... 19 ~ .............................. NOTARY PUBLIC, ~;tt of Hew Y~ No, 52*8125850, ~lk ~ T~ ~pi~ Mar~ ~, DEPARTMENT OF PLANNING Town, of Southold Board of Appeals (516) 360-5513 LEE £. KOPPELMAN DIRECTOR OF PLANNING October 9, 1981 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 N,,mher Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman Susan Trentalange Keith & Arden Sdbtt McCamy Charles Bocklet -/ Peconic Corporation Frank Battel Colonial Corners, Inc. Phebe Bridge Estate Peconic Bay Gardens Inc. Warren Sambach Margaret McGowan Kenneth & Judy McFall Gladys Bayles John Lee Sonny Brown GGN:Jk VII'TERANS MEMORIAL HIGHWAY 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 2834 2835 .2837 2839 2843 2845 2849 2852 2853 2864 2865 2873 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. NeWman Chief Planner HAUPPAOGEo L. I.o N"~W YORK ' 11788 Southold Town Board of Appeals MAIN I~OAD' STATE I~OAD 2..5 SDUTHIDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, ArticleIII , Section100-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 283~ Applicant: Charles Bocklet Location of Affected Land: 1295 Robinson Lane~ Peconic, NY County Tax Map Item No.: 1000-98-5-2~ 5~ 4. Within 500 feet of: Town or Village Boundary Line ~ Body of Water (Bay, Sound or Estuary) Hog Neck Bay State or County Road, Parkway, Highway, Thruway __'Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct swinging ~oo~ w~h fenne ~ front (~d/or sideyard) area. Public hearin~ held 6/11/81. At a meetin~ of 6/11/~1~ applicant was granted a variance subject to conditions. A copy of the decision is enclosed . copies of Town file and related documents enclosed herewith for your review. Dated: October 1, 1981 /~'~Y'-"f-'"~'~ ~'~Appf~ SeC~a~y' Board of C APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY T'JTH!LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph Iq. Sawicki Southold Town Board of Appeals MAIN ROAD'-~TATE ROAD ~-5 E;OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 15, 1981 Dear Sir: Enclosed herewith is a copy of the filed decision of your recent appeal before the Board of Appeals for a variance or special exception. Please be sure to return to the Building Inspector for approval of the building permit and/or certificate of occupancy and that compliance has been met with all applicable conditions of your variance prior to the issuance of same when appropriate. If you have any questions, please do not hesitate to call. Yours very truly, CG:lk Enclosure CHARLES GRIGONIS, JR. CHAIRMAN Tod'ay' s Date: Members Absent, if any: Appeal No. 28~ Agenda Item/Nlatter of: ___D_0C~ET; CHARLES ' Type of Variance or Appeal: swim~l%_~, poo.1., with fencein__f_r__o_nt .(and/.or side yard) area at lJ95 Robinson Lane, Peconic Resol'ution made by: Seconded by: GCrharles I~F1S . ( ) Action: ( ) Approve as applied for ( ) Den), as applied for ) Deny ( ( ( ( ) Deny without prejudice . ) Withdrawn without Prejudice ) O ~.Subject to County Planni'~9 referral ( ) Subject to Planninq Board approval ( ), Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows: ( ( ( ( Not Within the Character of the Neighborhood Variance is Substantial in Relation to Code If so, %. Hardship not sufficient Hardship or Difficulty Not Unique '~ill set a precedent in the neighborhood Area is already very congested ) Interests of justice served by denying Vote of the Board : Ayes: (~/(CG (~SD' (~/ Nay: ( ) () () Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ' )~Granting ' Other: ( the Relief Requested is within ( ( pirit of the zoning code ([/)/Relief is not substantial . -' (~)' Burden of hardship or difficulty Shown and is unique ( ) Variance will not change character of the neighborhood ) Interests of Jastice served by granting RD ) .() () () () () () Notes: LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN pursuant to Section 267 of the Town Law and the Provisions of the' Amended · Code of the Town of Southold, a ~egular Meeting ~and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, June 11, 1981 com- mencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Edward P. Bertero, 1240 Inlet Drive, Mattituck, NY for a Variance to the Zoning Ordin- ance, Art. Ill, Sec. 100-31 for approval of insufficient area of two proposed parcels known as Capt. Kidd Estates Subd. Lots 97 and 98, Filed Map #1672; also known as 1240 Inlet Drive, Mattituck, NY; County Tax Map Item No. 1000-99-2-6. 7:30 p.m. Application of Anna L. Bertero, 955 Inlet Drive, P.O. Box 977, Matti- tuck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of three proposed parcels known as Capt. Kidd Estates Sub& Lots 74, 75 and 76, Filed Map #1672; also known as 955 Inlet Drive, Mattituck, NY; County Tax Map Item No. 1000-99-2-8 and 14. 7:40 p.m. Application of Herbert Hoffman by Mrs. Jules Adriaenssens, Box 76F, R.R.#2, Mattituck, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for permission to construct dwell- lng with insufficient front and rear yard 'setbacks at Smith Drive, Southold, NY; also known as Goose Neck Subd. Lots 106, 107, 113 and part of ll4, Filed Map #1663; County Tax Map Item No. 1000-76- 2-34.1. 7:55 p.m, Application of' Susan C. Trentalange,~ .124 Cherty ValleYlAvenue, Garden City, NY 11530 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission · to construct deck with in- sufficient frOnt yard setback at 90 Haywaters Road, Cutch- ogue, NY; also known as Nassau Point Subd. Filed Map #156 Lot 272; County Tax Map Item No. 1000-111-2-4. 8:05 p.m. Application of Keith and Arden Scott Mc, Camy, 76375 Main Road, bounded .north west by Carnie Road; south by Hass; east by Arshamomaque Pond; County Tax Map Item No. 1000-52-2-7. 8:55 p.m. Application· of Peconic Corp., c/o Norris Grain Co., Box 1058, Ocaia, FL. 32670 for a Special Exception to the Zoning Ordinance Art. III, Sec. 100-30 for permission to convert barn with existing one-family nse to a two-family dwelling use at the south side of New Suffolk Avenue, Mattituck; bounded 'north by New Suffolk Avenue, Cichanowicz, Dove, Reeve and Brooks; west by Camp Mine- ola Road, Reeve, Murphy, Peters, Kirchgessnet, Habet- man, Smith, Norris and ors.; south by the bay; east by Wickham, Bagshaw and Park Avenue; 'County Tax Map Item No. 1000-115-9-4, (by A.A. Wickham, Esq. as attorney). , 9:15 n.m. Anvlication of Charles Bocklet~ 129ff Robin-: son Lane~ Peconio. -Peter R. Strmt~nhnr~h , {iS ~a-~ent) for a Variance to the .~ec, _10~),-32 for permission to construct swimming pnol with -t~ence iq front, (and/or side- ~-~d) atea at 1295 Robinson Lane, Peconic, NY; bounded '~o~th h¥ R-skevich[ west b~ --~obi~son Lane and McOueen; '__south by the bavl east by, £Wood; County Tax Map Item N6. J000-98-~- ~ 3r 4.. -Dated: May 22, 1981.~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, Chairman IT, 5/28/81 (7) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is Editor, of THE LONG ISLAND TRAVELER-WATCH.M,* a public newspaper printed at Southold, in Suffolk Cout and tk, ct the notice of which the annexed is a printed co has been published in said Long Island Traveler-War m~n once each week for .................... ~. ................... we successively, commencing on the ...... ..~.....~.. ................ ~,~..:::':': ........ , ......... ~ ...... ..~,. :..-~......i,i .... Sworn to before me this ....... ~. .................... day .... ~ ................ , 19..'~..1. Notary Public LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the South- old Town Hall, Main Road, Southold, NY on Thursday, June 11, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application~ of Ed~vard P. Bertero, 1240 Inlet Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-31 for approval of insufficient area of two proposed parcels known as Capt. Kidd Estates Subd. 'Lots 97 and 98, Filed Map #1672; also known as 1240 Inlet Drive, Mattituck, NY; County Tax Map Item NO. 1000-99-2-6. 7:30 p.m. Application of Anna L. Bertero, 955 Inlet Drive, P.O. Box 977, Matti- tuck, NY for a Variance to the Zoning Ordinance, Art. Ill, Sec. 100~31 for approval of · insufficient area of three pro- posed parcels known as Capt. Kidd Estates Subd. Lots 74, 75 and 76, Filed Map #1672; also known as 955 Inlet Drive, Mattituck, NY; County Tax Map Item No. 10~0-99-2-6 and 14. 7:40 p.m. Application of· Herbert Hoffman by Mrs. Jules Adriaenssens, Box 76F, R.R.#2, Mattituck, NY for a Variance to the zoning Ordi- nance, Art. III, Sec. 100-31 for permission to construct dwel- ling with insufficient front and rear yard setbacks at Smith Drive, Southold, NY; also~ known as Goose Neck Subd. Lots 106, 107, 113 and part of 114, Filed Map #1663; County Tax Map Item No. 1000-76-2- 34.1. 7:55 p.m. Application of Susan C. Trentalange, 124 Cherry Valley Avenue, Gar- den City, NY 11530 for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-31 for permission to construct deck" with insufficient ,front yard setback at 90 Haywaters Road, Cutchogue, NY; also known as Nassau Point Subd. Filed Map #156 Lot 272; County Tax Map Item No. 1000-111-2-4. 8:05 p.m. Application of Keith and Arden Scott Mc- Camy, 76375 Main Road, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to build garage in sideyard area at 76375 Main Road, Greenport, NY; bounded north by Levine, Mazzaferro and Corwin; west by Union Free School Dist. No. 10 and Mazza- ferro; south by Main Road; east by Levine; County Tax Map Item No. 1000-48-1-2, · . ~5,, ~ north by Staehtiaris; west by Carole Road; south by Hass; east by Arshamomaque Pond; County Tax Map Item No. 1000-52-2-7. 8:55 p.m. Application of Peconic Corp., c/o Norris Grain Co., Box 1058, Ocala, FL 32670 for a Special Exception to the Zoning Ordinance Art. III, Sec. 100-30 for permission to convert barn with existing one-family use to a two-family dwelling use at the south side of New Suffolk Avenue, Matti- tuck; bounded north by New Suffolk Avenue, Cichanowicz, Dove, Reeve and Brooks; west by Camp Mineola Road, Reeve, Murphy, Peters, Kirch- gessner, Haberman, Smith, Norris and ors.; south by the bay; east by Wickham, Bag- shaw and Park Avenue; Coun- ty Tax Map Item No., 1000- 115-9-4, (by A. A. Wickham, Esq. as attorney). Ltion of Item BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TM28-3699 COUNTY OF SUFFOLI~, STATE OF NEW YORK, ~ ss: ....... ?r.o.y. .ay.s. 9.n .............. :_ says that .. ~he... is Printer and Publisher WEEKLY TIMES, a newspaper published at county; and ~hat the notice, of which the copy, .has been published in the said Suffo once in each week, ~or ...o.b.e. ............ successively commencing on t~e ...~..~.~.h..: day of ..... ~4~r., .~-~,~.. ..... Sworn to befor'~ 'r~' ~~~..~, clay of .. l~ay ............ 19..8~. ! HELEN K. DE VO£ NOTARY PUBLIC, State of N No. 4707878, Suffolk Co Term £xl~res March 30, Addendum to Legal Notice 6/11/81 Board of Appeals Regular Meeting On Tuesday, May 26, 1981, copies to: Mr. Edward P. Bertero Anna L. Bertero Mr. Herbert Hoffman Mrs. Jules Adriaenssens (as agent for Mr. Herbert Hoffman) Mrs. Susan C. Trentalange Mr. Arden Scott McCamy Mr. & Mrs. Frank J. Abbadessa Mr. Nicholas W. Ippolito Mr. Charles Bocklet Mr. Peter R. Stoutenburgh (for Mr. Charles Bocklet) Abigail A. Wickham, Esq. for Peconic Corporation Peconic Corporation c/o Norris Grain Co. Mobil Oil Corporation Harold J. Van Brunt (Project Manager, Fenley & Nicol Co., Inc.) Grigg's Service Station Z.B.A. members T.B. members Supervisor Town Attorney Town Clerk Bulletin Board (posted May 26, 1981) Appeal Files Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .IR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No.2834 Application of: Charles Bocklet Location of Property in Question: 1295 Robinson Lane, Peconic County Tax Map Item No. 1000- 98-5-2, 3, 4. ~ ~ Project Prop<~ed by Appeal Application:cOnstruction of swimming Dool with fence in front ( and/or sideyard ) area. 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 datermined that the subject project as proposed herein 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 property in question appears to be located within 300 feet of tidal wetlands but the wetland area is separated by a road or similar type of barrier. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: June 30, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Town Clerk Bulletin Board Applicant ZBA file APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI N1AIN ROAD-STATE ROAD 2.5 E'~OUTHOLD, L,I,, N.Y, ]]9?] TELEPHONE (516) 765-1809 July 15, 1981 Mr. Charles Bocklet 72 Fourth Street Garden City, NY 11530 ~ Dear Mr. Bocklet: This is a Notice of Declaration pursuant to the New York State Environmental Quality Review Act (New York SEQRA). It does not indicate the decision of the Board of Appeals. The official, final copy of the decision of the Zoninq Board of Appeals is not yet ready for mailing. You will receive a copy of the decision as soon as possible. Thank you for your cooperation. Sincerely, Eileen M. Carey, Temporary Secretary Zoning Board of Appeals Enclosure Southold Town Board Appeals -16- December ', 1979 PUBLIC HEARING: Appeal No. 2654. Application of CHARLES R. BOCKLET (by Peter Stoutenburgh), 72 Fourth Street, Garden City, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 100-30A, for permission %o establish second residence dwelling on same lot. Location of property: Robinson Lane, Peconic; bounded north by Suskevich, east by Wood, south by Hog Neck Bay, west by Robinson Lane. The Acting Chairman opened the hearing at 8:36 P.M. by reading the application for a special exception, legal notice of hearing and affidavits attesting to its publication in the local and offi- cial newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining prop- erty owners was given to: Mr. Ken McQueen, W. Suskevich, and P.L. Wood; fee paid $15.00. MR. DOUGLASS: I have a survey showing the 1-1/2-story house and the barn, and they are asking to convert to caretaker quarters -the barn, and showing the lots to the rear that are under their ownership, and the driveway entrance from Robinson Lane into the ~ope~ty. I.also have a section of the County Tax Map showing %heir pieces and the surrounding neighborhood. .This is a subdivision,. filed, called "Peconic Bay Oaks." At this point I will ask if there is anyone desiring to speak for this application? PETER STOUTENBURGH: I would like to say that, during your visit you saw some work had been done on the site that was to replace a floor which had been in there and had been damaged to the point where they were leery of using the first floor. Ih cor- recting this problem and starting to work on the building, Mr. Bocklet thought that he would like to have somebody in there, pretty much as I have stated there. What the situation is, and they would like if they can get this variance to know that at some time they have two lots to the north, and the first lot I believe will have to be, if they get the variance, somehow included with the original one. What I would like to know is if in fact they do get it, can they at some time regardless of what changes need to be done to the new residence, can they subdivide and remove that and sell that lot, like the first lot to the north? As long as -- MR. DOUGLASS: Thank you, that-~ MR. STOUTENBURGH: If that could be done, I think they would want to go ahead with it. I talked with them on the phone. They could not be present themselves. MR. DOUGLASS: Is there anybody else wishing to speak for this application? Is there anybody wishing to speak against this application? (There was no response.) After thorough investiga- tion of it, and going out there and checking it all over, why it appears they have sufficient amount of area there to subdivide to allow them to build on. I would make a motion to this effect that they be allowed to build these quarters in the barn, care- taker's quarters, provided the lot behind this 1.8-acre piece be included in the 1.8 acres so that you have the 80,000 square feet Southold Town Board of Appeals -17- December 27, 1979 that is needed. This would have to be joined and no building be allowed on it. In fact they will still have one remaining lot which is in an established subdivision of "Peconic Bay Oaks" to the back.' We don't need that. We ~eed the one just behind the one on'the waterfront, and to grant this variance why there will ~be a requirement that they tie that to the waterfront piece. MR. STOUTENBURGH: Would this motion that you're making allow them at some other time to remove the status and return it to a garage or an accessory building? In other words, if they are not-- MR. DOUGLASS: That would be upgrading, probably, and they probably-- I can't give you a legal opinion on it, but upgrading is never any problem usually. MR. STOUTENBURGH: Because they really don't want to change the status of the neighborhood. They are just interested in some- body to look after the place- MR. DOUGLASS: Well, they have to have 80,000 square feet in order to have the two dwellings, so they will have to attach that next piece of theirs behind that lot, which measures-- CHARLES GRIGONIS: I was wondering, excuse me, Bob, if Mr. Stoutenburgh meant that in the future they may want to turn this back into a garage and build another house on that same lot and use the garage as an accessory building? MR. STOUTENBURGH: Right. Exactly. MR. GRIGONIS: for it. As long as he maintains the 40,000 square feet MR. DOUGLASS: They would have no problem then. MR. STOUTENBURGH: believe is 18,600. What they already have is a lot, which I MR. DOUGLASS: Yes, 18,000 square feet, the one in back of it, and they'll have to attach that to the front lot. MR. STOUTENBURGH: Right. They are in definite agreement to do that. What they question is, will they have to subdivide the lot even if they remove the status of that building? They will be able to subdivide with two houses since they have more'than two acres. Can they remove the status of the garage? MR. DOUGLASS: I don't see why not. to come back to the 40,000 and 40,000. Then they will be able MR. STOUTENBURGH: Could there be a letter written by the Town Attorney what the Town's position is? MR. DOUGLASS: Well, we'll speak to him. And so that he can give you an official-- That's for sure. Southold Town Board 2 Appeals -18- Decembe~ !7, 1979 MR. STOUTENBURGH: Right. It's a rather technical situation that doesn't come up very often, and there doesn't appear to be any information passed on to %he Town as far as the zoning. MR. DOUGLASS: But my motion will let you go ahead provided that next.piece back is attached to the front piece, and no further dwelling is allowed on that, those two pieces. MR. STOUTENBURGH: They have no inunediate plans. MR. DOUGLASS: Right. After investigation and inspection,' the Board finds that the applicant requests permission to convert the barn on the same premises as the dwelling house into a'yearround caretaker's home. The applicant has agreed to include the adjoining parcel, known as Subdivision Lot 1 of "Peconic Bay Oaks," with the 1.8-acre parcel to allow for the 80,000 square-foot requirement for two dwellings. The Board agrees with the reasoning of the applicant for this project if ~implemented as applied for herein. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance Would produce practical difficulties or unnecessary hardship. The Board believes tha~ the granting of a special exception in this case will not change the character of the neighborhood and will observe the spirit of the zoning ordinance. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that CHARLES R. BOCKLET, 72 Fourth Street, Garden City, New York 11530, (by Peter Stoutenburgh as agent) BE GRANTED permission to establish a second residence on the same lot as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That Subdivision Lot No. 1 of Peconic Bay Oaks" is deemed to be part of the second-dwelling complex and shall not be used for the construction thereon of any further dwellings. (2) That approval and/or recommendations of the Suffolk County Planning Commission be obtained. (3) That the applicant obtain approval of the Site Plan from the Southold Town Planning Board. Location of property: Robinson Lane, Peconic; bounded north by Suskevich, east by Wood, south by Hog Neck Bay, west by Robin- son Lane. County Tax Map Item No. 1000-98-5-2 and 1000-98-5-3. Vote of the Board Ayes: Messrs. Douglass, Grigonis, Doyen. Absent: Messr. Tuthill. TOWN JUDITH T. TERRY TOWN CLERK REGISTRAR Ot WITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 15, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. ~4~3-application o£ Charles Bocklet for a variance. Also included are notification to adjoining property owners, Notice of Disapproval from the Building Inspector, Short Environmental Assessment Form and Wetland Questionnaire. ' // . · ,~_....,,' .~.,...~.. Judith T. Terry Town Clerk JTT/bN Enclosures th£s short EAF it is assumed information concerning the StlORT EHVIRONk{ENTAL ASSESSIJENT FORht iNSTRUCTIONS: ~ order to answer the questions in that the preparer ¥,ill use currently available project and the likely impacts of the action. It is not.expected that. additional stud&es, research or other investigations will be undertaken. (b) If any question has-been ons~ered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been ons¥~ered No it is likely that this project is not significant. .. . '.. (d) E~vironmental Assessment }. Will project resul't"'in o large physical change to the project' site or physically oiler more than 10 acres of' land? .................... - ..... Yes, t o 2. ~'lill there'be o major change to any unique or 3. -unusual land form found on the site? ........... _ _ _YesA~ONo. Wlll project alter or have a large effect'on existing body of water? ....................... __Y~s.~N~ 4. ~Vill project have a potentially large impact , on groundwater quality? ........................ Yes. No 5. %';ill project significantly effect drainage flaY1 on adjacent sites~... ................... ~--. , .Yes.~Nq 6. ~'/ill project affect any threatened or endangered plant or animal species? ........... _ 7. ~'/ill project result in o major adverse effect 'es on air quality? .............. · ................... , Y ( No' 8. ~'/ill project have o major effect on visual character of the community or scenic views or. _.yes~- vistas known to'be imporiant to the community?, No Will project adversely impact any site or structure of historic, prehistoric or .. paleontological.importance or any site designated os a critical environmental area by o local agency? ........... '-=~--'~'~'-;'.".' ~"~''~ Yes~j~No Will project have o major effect on existing 10. Yes or future recreational opportunities? ......... . _ _ _ "11. Will project result in.major traffic problems o~ cause o major effect to existing transportation systems? ........................ . Ye : ~No 12. Will project regularly cause objectionable odors, noise,: glare, vibration, or elec'tricol disturbance os o result of the project's operation? ..... ' .... ' ............................, - _Yes -- ~No 13. ~ill'Pr'oject have any impact on public health or.safety? .................................... . YeseS. No 14. Will project affect the existin9 community by directly causing o graY, th in permanent · population of more than 5 percept over a ode year period or have o major negative effect on tile charo%ter of the community or neighborhood? ................................. .,.~Yes'~N° 15. Is there public controversy concerning the ' REPRESE!JT]NG_. Cf-. 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 in the within appeal application: (p~ea~heck one box) [ (_~"May be located within 300 feet of tidal wetlands; 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 be 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, / BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of South°Id TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. T~ !ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request af(Variance)'~Special Exception) (Special Permit) (the following,relief: 2. That the property which is the s~bject,of the Petition is Iocate~ ildjacen:t to y4~ur propgrt¥ and, is des- cribed as follows: t~ U.~ t~ -~_ ~3 ~, ~ ¢ . (_~,O. ~/eL_~-2.~ 3. That the. rPrOperty~...% .' C~ '~_ ~-~whjch is the~_ubjectc:,.~i of such ap~itio~, is located in the following zoning district: 4. That by such Petition, the undersigned will request the follow~g relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 6. That within five days from the date hereof, a written Petition requesting the relief specified ~bove will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then a~d there examine the same during regular office hours, 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: NAME PROOF OF MAILING OF NOTICE ADDRESS ' L. LU I~ 9L6I.']dv 'OOg[ m-~od Sd 'It ) Sworn tO ~.,fq~e,,me this / ~,~ ' - ~ Notary Pu~ ~ / ELI~B~H ~N N~I~E N~ARY PUBLIO, ~ate ~ N~ Y~ T~ E~ires March -/~J ' '.' ~'~/~ : --_/1/. q /'" --. beifig dUly ~WoFn, dePOses and sa¥~ tl~t On the ~ay of .*-./l/q ~ -- ' , i9'r~/' , deponent mailed a t'rUe coPy of the NOtiCe set forth on the re-' verse side, ~-ere~){, directed to each of the-a~ove.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 as[~en~ent roll of the Town of S,,o~u~h~lld; that said Notices were mailed at the United States Post Of- fice at ' ~--,~~0 ~ J VL. Cz/ ; that said Notices were mailed to each of said persons by (certified) (re~gll~ered) mail. ~t' Peter ~ Stoutenburgh P~onic, New York 11958 ~O~'?'~516_734.7474 lgEONIC 3'07.71 ~ ,,,( TO THIS SURVEY IS /~' VIOLATIOFI Of }- SECTION 7209 OF ,)~E NEW YORK $TA~! EDUC~'rION LAW.. COPI~ OF THIS ,~IRVEY MAP NOT ~ LAND ~RVEYOR'S I~ ~SSED SEAL/SHA~ NOT ~ ~ ~EA VALJ~ tRUE C~. ~A~NTEE$ I~DICATED H~ON ONLY TO ~ ~E~SON ~R WHOM -T .098, T'i-He No. I01 - S - 70c~7 ,-e. ~teg v~m '/-OYL.,/::?. ~. _/fi: .... __ '~. NC. 086 LII:E MATCH SEE SEC. NO. C86 LINE SEE SEC NO ~6 I. 4A (c) 25 1.2A(c) 22 I. 4 405 ' ? 50's