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HomeMy WebLinkAbout2858 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2858 by application Dated July 31, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Harry P. Fagan, Jr. 400 Betts Street Cutchogue, NY 11935 Appellant at a meeting of the Zoning Board of Appeals on September 3, 1981 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. ( ) 100-31 the appeal 1. S:gg~i:K.~;~:~eiq~a'R~~~~~X~~ption ( ) be ~a~ed ( ) be denied pursuant ~ ~ticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be e~K~v~N~X~x Public Hearing 9~3/81: Application of Harry P. Fagan, Jr. and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition with an insufficient rearyard setback at 400 Betts Street, Cutchogue, NY; bounded north by Dunn; west by Betts Street; south by Williams; east by Weiss; County Tax Map Parcel Item No. 1000-110-6-9. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties 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 (would not) (SEE REVERSE SIDE) 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 The Board m~de the following findings and determination: Appellants by this appeal seek a variance to the zoning ordi- nance, Article III, Section 100-31 and Bulk Schedule, for permis- sion to construct an 8' by 16' addition at the southwesterly corner of the existing one-story frame house, leaving an insuffi- cient rearyard setback from the westerly property line of approxi- mately 25 feet. The subject premises is a corner lot as defined by Section 100-34 of the code and the remaining side yard will have maintained a 12 foot setback from the southerly property line. The Board finds that the nature of the location of the existing dwelling lends itself to the practical difficulties of the applicant for expansion of the structure. The Board agrees with the reasoning of the applicants. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be'obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Harry P. Fa~an, Jr. be granted a variance to the zoning ordinance as applied for in Appeal No. 2858. Location of Property: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel Item No. 1000-110-6-9. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and GrigoDis. This resolution was unanimously adopted. APPROVED - Chairman I~o~rd ~ 'Appe~s' ; ECEIVED AND FILED BY I THE SOUTHOLD TOWN Cr. ERK 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, September 3, 1981 commencing at 7:15 p.m., as follows: 7:15 p.m Application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, ~£ 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue. Cutchogue, NY; bounded north by Madzelan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000-136-2-4. 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntington, hq 11743, for a Variance to the Zoning Ordinance, Art. III, Sec lO0-31 for approval of an insufficient rearyard setback for new dwelling at 3145 01e Jule Lane, Mattituck, ~; bounded north by Allsopp, west by 0~eJule Lane,~south by Old Jule Lane, east by Battersby; County Tax Map Item No. 1000-122-5-18. 7:30 p.m Application of ~emetrios and Joanne Joannides, 60 Central Drive~ Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for permission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road) Mattituck, ~; b~unded north by Nolan, west by Tsounis, south by Central Drive, east by Luthers Road; County Tax Map Item No. 1000-106-3-17; (further known as Cpt. Kidd Estates Map Mo. 1672, Subd. Lot No. ll4). 7:40 p.m. ~pplication of Harry P. Fagan, Jr. and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for permission to construct addition with an insufficient rearyard setback at 400 Betts Street, Cutchogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. Page 2 Legal Notice of Hearings Regular Meeting 9/3/81 - Board of Appeals 7:50 pom Application of Thomas and Phyllis Maus, 6 Michele Ter- race, Massapequa Park, k~ 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oakwood Drive, (a~k~a 505 Lake Side Drive North), Southold, NY; bounded north by W~od Drive, west by Clear View Road, south by Lakeside Drive, east b~ Haskins; County Tax Map Item No. 1000-90-4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of James Genovese, 620 Lake Drive, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for permission to construct deck/addition to dwelling known as 620 Lake Drive, Southold, NY; bounded north, west, south by Dechiaro. east by Lake Drive; County Tax Map Item No. 1000-59-1-22. 8:05 p.m. Application of Jon C.-Kerbs~ 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of parcels in a proposed sub division, and for permission to relocate building with insufficient yard setbacks, with yard determination on propose~ lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and wost by Fleet, south by Fleet Neck Road, e~st by Jezek; County Tax Map Items No. 1000-137-2-8, 18~ 19. 8:20 p.m. Application of Mary Ray, 375 Factory Avenue, Mattituck~ NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 and 100-36 for permission to construct carport/addition with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Factory Avenue; County Tax Map Item Mo. 1000-122-6-6. 8:30 p.m. Application of Cladys G. Bayley, c/o Flower Hill Build- ing Corp. as agent, CutchogUe, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-30A for permission to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, NY; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. lO00-119-1-14, (further known as Nassau Point Subdivision Map No. 156, Lot A). '~age 37 Legal Notice of Hearings - Board of Appeals Regular-Meeting 9/3/81 8:50 p.m. Application of ~onald J. Finnerty, 1530 Fleetwood Road, Cutchogue, ~ for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue, NY; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5- ll and 12. 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area.and width of two proposed parcels located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Ave., west by Vallely, south by Lindsay, east by Russell; County Tax Map Item No. 1000-113-7-4.1. 9:15 p.m. Application of Anthony G. and Helen M. Nowachek, P.O. Box 355, Pequash Avenue, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zgning Ordinance: (a) to construct deck/addition to dwelling with an insufficient frontyard setback pursuant to Articl% III, Sec. lO0-31; or (b) determining this improvement not to be an addition to the existing structure under the ordinances. Location of Property: Corner of Pequash Avenue and Fleetwood Road, Cutchogue, ~; bounded north by Fleetwood Road, west by Pequash Avenue, south by Goldsmith, east by Schroder; Ravatone Realty Corp. Subdivision Map No. 539 Sec. I, Lots No. 45 and northerly half of 44; County Tax Map Item No. lO00-110-4-1. 9:30 p.m. Application of John Kowalski~ Jr. and Chester Berry~ Jr., c/o 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-71 for permission to rebuild principal building with %nsufficient yard setbacks at 95 Love Lane, Mattituck; bounded north by North Fork Bank and Barker, west by Protestant-Episcopal Church, south by Sound Avenue, No. 1000-141-4-part of 28. Dated: August 21, 1981. east by Love Lane; County Tax Map Item BY ORDER OF THE SOUTHOLD TOWN B0.~RD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, August 27, 1981 and forward 12 affidavits of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, ~ 11971 on or before September 2, 1981. page 4 - Legal Notice of Hearings Board of Appeals 9/3/81 Meeting Copies mailed on 8/21/81 to: Mr. Michael A. LoGrande" Mr. Richard Posselt Mr. and Mrs. Demetrios Joannides Mr. and Mrs. Harry P. Fagan, Jr. Mr. and Mrs. Thomas Maus Mr. James Genovese Mr. Jon C. Kerbs Ms. Mary Ray William Wickham, Esq. as attorney for Mary Ray Ms. Gladys G. Bayley, c/o Flower Hill Building Corp. Mr. Donald J. Finnerty Mr. and Mrs. William Zoldessy Richard F. Lark, Esq., attorney for Anthony G. Nowachek Messrs. John Kowalski, Jr. and Chester Berry, Jr. Posted on Town Clerk Bulletin Board 8/21/81 Copies to the following on or about 8/2~/81: Supervisor Town Board Members Southold Town Planning Board Secretary Copies in each ZBA file. FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To .... ~ ~ ~. ~. ..... .~. ,....Y.,9~.,9.~ ,. ..... .... ~.4 ~...oC.~..6../....c..y.7.c: ~.a..~..v..~./ /,/X //9,9_5 PLEASE TAKE NOTICE that your application dated ............. .¥ .t./.~..Y .... .'~..,'~19 .~./. for permit to construct... ~. ~..~..t .'7~../..~...&(. ........................................ at Location of Property ¥ O0 .~..~....---~-...-..~.:....~..-~..~.~.l-..7..' ...... .U'.~. ?.U..~.. .......................... Hamlet House No. / / 0 Street ?. County Tax Map No. 1000 Section .............. Block ...... .~. ...... Lot ........... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . .. [.A(..~../~./.~- .~./..~..~./.x(. ~r. ........ · ~.~ ~ ..... ¥..~.~: ........... A?.7.,..~_~... ...... /..c79. :. 3/. ................ RV 1/80 Building Inspector FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ ,19 ........ Approved ........................................ ,19 ........ Permit No ..................................... O,sopproved a,c .................... Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date July 27, 1981 19 ............ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or a[terations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) Main Road, Cutchogue, New York 11935 ' (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ~uilden ...................................................................................... Name of owner of '~ ~ I · premises ..... Ha~..P....Eag~.,..,~: ........................................................................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .................. .4..7. ............................... Plumber's License No ................................................. Electrician's License No ............................................. Other Trade's License No ............................................... 1. Location of land on which proposed work will be done. M~p No.: ........................................ Lot No ......................... · z/-,~ 0 Betts Street Cutcho~ue~ ~ew York Street and r~umoer ........................... .,. ........................................................................................................... / ~ a~ - /' '> ' (- - ~' Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: c. Exisiting use and occupancy ........... dwel:l.£ng .................................................................................................... b. Intended use and occupancy ........... .d..~..e..1..1.~gg ..................................................................................................... / Ncture of ' ' ~ - ' v,c, ~¢ ~chec,< which New Bui!din~ . ............................ .~. ..... Alteration ............ ~epair .................. Removal .................. Demolitiar. ...................Other Work ................................................... / (Description) 4. Estimated Cost ....... ~.~.:..2..0.9.:..0.0. ................................... Fee ! ~2 (to be paid on filing this application) 5. If dwelling, oumber of dwelling units ............. .k ............. Number of dwelling units on each floor ........................... If garaoe, number of cars ............................................................................................................................................ cS. If business, commercial or mixed occupancy, specify nature and extent of each type of use ........................... 7. Dimensions of existing structures, if any: Fron~ ....3..8.]...~..Z'.'. ......... - Rear ..~..8.:....~...~.]] .............. Depth ..3..8..'....~...~.'.... Height ...1.(~. .................. Number of Stories ].~ .................................... ,Dimensions of same structure with alterations or additions: Front ....~..8.....~..Z .................. Rear ....3..8..~....]f...]!] ........ Depth ..... .4.§.:...~..¢.'.'. ........... Height ........... .1..8.] ............ Number of Stories ........... ~-.~ ................. 8 Dimensions of entire new construction: Front 16' × 0" Rear 16' D~ th 8' Height ...... .1.g.l ......... Ngmber of Stories ............ ~. .................................................................. 9. Size of lot: Front 100' Rear 100' Depth 100' I0. Date of Purchase ......... ?_/..1.?./.?.~. ................................. Name of Former Owner A~,f.;.e.~.~,...~.~,l~,tlg ..................... 11. Zone or use district in which premises are situated ..... Sg~J.~b.q,l.ql Z.o.~x~ ...... i2 Does pror~osed construction violate any zoning law, ordinance or regulation: ........... Z.e..8. ....................................... 13. Will let be regraded ....... *~ .............. Will excess fill be removed from premises: ( ) Yes (×) No 52 Lincoln Ave. Nome of A, rchitect ..............................................................Address ................................ Phone No ....................... ~'.!:~;~:~ of Contractor John H. Haurus .................................................... ............................................................ Address Cutcho~ue~ N.Y. Phone No. 734-6866 PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from arc;~-;rty lines. Gi\e street and block number or description according to deed, and show street names and indicate ,~'~zther interior or co:'ncr lot. ............................................................................................... being duly sworn, deposes and scys that he is the oppliccnl (Nome of individual signing contract) above named. ,s the ................... .......".- -- ............................................................................................................. (Contrac,'~,.agent,"--~ corporate officer, etc.) of said owner or owners, and is duty authorized to oerform or hove performed the said work and to make ~nd f~Je ~his application; that clJ statements contained in th'is application are true to the best of his knowledge and belieF; tha~ the work wiJl be performed in the manner set fo~h in the application filed therewith. ......... .................................... JUDITH T. TERRY ~ (Signature of oppl~ant) ~mmJssion Expires ~rch 30, ~TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..........................................~.~...~..~.. P'....~...'~...~...~.....~..,.C~.....~.....~'.,,,'~'.of ....~'...~...~......~,,,,,~..~'_.~'..,~........~.....~...: ........................... Name of Appellant Street and Number ....... · ~..:.~...?...~.,/~,,,~.~...~....~.. ............................................................ ~'.~... .......... HEREBY APPEAL TO Municipality S(ate ( ( THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO of Applicant for r permit Street and Number Municipali~ ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ......'~'...~...~......~......~....~'..~',.,~',....,~...'~..:........~...~...,'~'.,,~, ,/~...~..~'...~...~.. ............. Street Use District on Zoning Map .................. 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 Ordi.nance.) - 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 o special permit ( ) request for o variance and was mode in Appeal No ................................. Doted ...................................................................... ( ) (~) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~'~dr ~'f~a~lT-~'~l~' ~)~' ~>/.,,'~ ~~ ~ 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 STATE OF NEW, YOI~K A) COUNTY O~ ss Sworn to this .............................................. day of ...................... ............... Notary Public, State of New York No, 52-0344963 suffolk County~;~'~ Commission Expires March 30, 19~ APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH R. SAWlCKI Town Board of Appeal MAIN I~nAD- STATE El:lAD 25 SaUTHnLD, L.I., N.Y. 11971 TELEPHONE (518) 785-1809 November 13,1981 Mr. Harry P. Fagan, Jr. 400 Betts Street Cutchogue, NY 11935 Dear Sir: Attached herewith is a copy of the formal determination of the Board of Appeals recently cerning your appeal application. findings and rendered con- In the event your variance request was allowed, please be sure to return to the Building Department for approval of your Building Permit application or Certificate of Occupancy (as may be applicable) prior to any developments. 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, CHARLES GRIGONIS, JR. CHAIRMAN lk Enclosure Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 5, 1981 Mr. Harry P. Fagan, Jr. 400 Betts Street Cutchogue, NY 11935 Re: Appeal No. 2858 Dear Sir: Please be advised that the following action was taken by the Southold Town Board of Appeals at a Regular Meeting held on Thursday, September 3, 1981 concerning the above appeal: BE IT RESOLVED, that Harry P. Fa~an, Jr. be granted a variance to the zoning ordinance as applied for in Appeal No. 2858. An official determination will be filed with the Town Clerk and simultaneously forwarded to you for your records in the near future. CG:lk Yours very truly, CHARLES GRIC~NIS, CHAIRMAN 'oday' ~ Date] Thursday, -Iembe-rs Abse.~t: if any: none September 3, 1981 . ppeal No. 2858 .genda Item/~Xlatter of: H_A~RRY P. FAGAN, JR. }~e of Variance or Appeal: Area variance/deck addition to awel£1ng-zrontyard se~bac] 39Ub Brea~!~qater Koad,-/~a-ttW. GCharles er e S, ra~ Robert Gerard mgoms Doyen -. Dougl-~ss ( ) ( ) ( ) . ( ) ( ) ( ) ( ) esolution made by: 3co n ded by: ction: ~A pprove as applied for Den)' as applied for Deny .:' De~y without prejudice \ffithdrawn without Prejudice Joseph. Approve with the following conditions: Subject to County Plannifl9 referral ) Sub,iect~to Planning Board approval ~) Subject to D.E.C. requlations ( ) Other: ndings of the Board are as follows: Other: Not Witi~in the Clmracter of the Neighborhood Variance is Substantial in Relation to Code If so~ %. Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice.serx..ed by denying ~teofthe Board:' Ayes: (/CG (~SD · ". ~'ay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) Granting the Relief Requested is within spirit 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 Justice served by granting COUNTY OF SUFFOLK STATE OF NEW YORK III, Sec. 100-31 for permission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road) Mattituck, NY; ~ounded north by Nolan, west by Tsounis, south by Central Drive, east by Luthers Road; County Tax Map Item No. 1000-106-3-17; (further known as Cpt. Kidd Estates Map No. 1672, Subd. Lot No. 114). .7:40 p.m. Application of .Har~v P. Fa~an, J~'. and w~t~, ,40OnBetts Street, Cutchogue, .NY~for a Variance to the ,Zoning OrdinanceI Art. 1III .Sec. 100-31 for permission to, construct addition with an ,insufficient rearward setback .at, 400 Betts Street, Cut- chogue, NY; bounded north by ~unn, west by Betts ~treet, south b}' Williams, east vy Weiss; County Tax Map Item ~o. 1000-110-679. ~ ' ' 7:50 p.m. Application of Thomas and Phyllis Maus, 6 Michele Terrace, Massapequa Park, NY 11762, for a Variance for Approval of Access, New York Town Law Sec.. 2,80-a. Location of Property: 480 Oakwood Drive, (a/k/a 505 Lake Side Drive North), Southold, N.Y.; bounded north by Wood Drive, west by Clear View Road, south b~ Lakeside Drive, east by Haskins; County Tax Map Item No. 1000-90-4-3; (further known as Cedar Beach Park Map No. 90, Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................... ~ ................... weeks successively, commencing on the ..... ..~....~.. ....................... day/et'- .~.............c?'~t-e~"~-a~. :.~ ........ 19...~..N ...... :: ........... son Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. Xl, Sec. 100-1 lSD for permission to use existing building as an auto- mobile repair shop (and/or reestablish preexisting use to permit use as an automobile repair shop), at 73225 Main Road (S.R. 2S), Gree.nport; bounded north by Village of Greenport, west by Wardow- ski, south by Main Road, east by Rutkoski; County Tax Map Item No. 1000-45-3-part of 2. 9:30 p.m. Application of Anthony G. and Helen M. Nowachek, P.O. Box 3SS, Pequash Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance: (a) to construct deck/addition to dwelling with an insufficient frontyard setback pursuant to Article Ill, Section 100-31; or (b) determining this improve- ment not to be an addition to the existing structure under the ordinances. Location of Property: Corner of Pequash Avenue and Fleetwood Road, Cutchogue; bounded north by Fleetwood Road, west by Pequash Avenue, south by Goldsmith, east by Schrader; Ravatone Realty Corp. Subd. Map No. 539, Section I, Lots No. 45 and northerly half of 44; County Tax Map Item No. 1000-110-4-1. Dated: August 21, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ~Sworn to before me this ........... ~ ................... day of s? [!q~ A CLEMENT J. THOMPSON NOTARY PU6LIC, StYe d New Y0rl~ ~,~. 52-9321725 Residm8 in S,dffolk C~uat~ Burgundy 1.5 Liter Rose 1.5 Liter BUY ONE AT REGULAR PRICE OF County ?ax 1000-106-3-17; (furthoc- knOWn as Cpt. Kidd Estates Map No~ 1672, Subd. Lot No. 114). 7:40 p.m. App¥catioa H~rr¥ ~,. ~*o*~ ,. *~a wife,- 400 BetLq Rfr~t Cutehno.~,L 'Ny for a Variance tO .~igm~ ~e, hv Weiesl 7:~ p.m. Application of ~omas and Phyllis Maus, 6 Michele Terrace, M~na Park, NY 117~, for a Variance for Approval of Acc~s, New York Town Law ~. ~a. L~ati~ of Pro~rty: ~ Oak- w~ Drive, (n/k/a ~ ~ke Side Drive North), S~old, NY; ~u~ north by W~ Drive, w~t by Cl~r View R~d, sou~ by ~k~ide Drive, east by Haski~; Coun- ty Tax Map Item No. 1~ 4-3, (further known as Cedar Beach Park Map No. ~, Su~. ~t No. 67). 7:~ p.m. Application of Drive, ~u~old, NY fer Variance to the Zoning Ordin- ance, Art. I[I, S~. ID31 for permission to comtruct d~k/ addition to dwelling known as ~0 Lake Drive, Sou~old, ~unded north, w~t, south by D~hiaro, east by ~ke Drive; County Tax Map Item No. ~:05 p.m. Application of Jori C. Kerbs, 510 Main Street, Greeeport, NY for a Variance to the Zoning Ordinance, Art. ill, ~c. 1D31 for approval of insufficient ar~ and width of ub to rd Jot ~t ~k ty 2- *4 49 a r- THE et sethaCq~s at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Fac- tory Avenue; County Tax Map Item No. 1000-122-6-6. 8:30 p.m. Application of Gladys G. Bayles, c/o Flower Hill Building Corp. as agent, Cutchogue, NY, (Richard F. Lark, Esq.) for a Variance to (he Zoning Ordinance, Art. III, Sec. 100-30A for permis- sion to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (pri- vate) at Nassau Point, Cut- chogue, NY; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. 1000-119-1-14, (further known as Nassau Point Subdi- vision Map No. 156, Lot A). 8:50 p.m. Application of Donald J. FInnerty, 1530 Fleet- wood Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct east by Russell; County Tax , Map Item No. 1000-113-7-4.1. ' 9:15 p.m. Application of Sonny Brown, Box 473, Madi- son Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. XI, Soc. 100. l18D for permission to use existing building as an auto- mobile repair shop (and/er reestablish preexisting use to permit use as an automobile repair shop), at 73225 Main Road (S.R. 25), Greenpert; bounded north by Village of Greenpert west by Wardow- ski, south by Main Road east by Rutkosk; County Tax Map Item No. 1000.45-3-part of 2. 9:30 p.m. Application of d Suffolk Weekly Times Anthony G. and Helen M. Nowachek. P.O. Box 355, Pe- ................. weeks quash Avenue, Cutchog,u,e, NY for a variance to the zoning !.7.'~..h ................... Ordinance: (a) to construct dock/addition to dwelling with' an insufficient frontyard set- back pursuant to Article III, Section 100-31; or (b) determ- ining this improvement not to be an addition to the existing structure under the ordin- ances. Location of Property: Corner of Peqnash Avenue and Fleetwood Road, Cut- chogue; bounded north by Fleetwood Road, west by Pc- quash Avenue, south by Gold- smith, east by Schroder; Ray- atone Realty Corp. Subd. Map No. 539, Section I, Lots No. 45 and northerly half of 44; Coun- ty Tax Map Item No. 1000-110- 4-1. Dated: August 21, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TA27-3755 ..... being duly Sworn, ~lisher of ~he SUFFOLK bed at Greenport, in said the annexed is a printed .; I ! addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts · Street, Cutchogue; bounded north by Hansen, west by Betts Street, south by Samies, east by Fleetwood Road; County Tax Map Item No. 1000.137-5~11 & 12. 9:05 p.m. Application of William and Ann Zoldessy. 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning.. Ordinance, Art. IlL Sec. 109.31 for approval of insufficient area add width of two proposed parcels, located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Avenue, west by Va}lely, south by Lindsay, MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?i TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION ROBERT J. DOUGLASS PURSUANT TO GERARD P. GOEHRtNGER Joseph H. Sa~cicki N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2858 Application of: Harry P. Fagan, Jr. and wife Location of Property in Question: 400 Betts Street, Cutchogue, NY County Tax Map Item No. 1000- 110-6-9. Project Proposed by Appeal Application: Addition with an insufficient rearyard setback. 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 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 submit%ed which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project proposed does not appear to be located within 300 feet of tidal wetlands area. 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: August 6, 1981. Copy to: Town Clerk Bulletin Board Applicant or his Agent Original in ZBA file BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS OFF~E TOWN OF 5 JUDITH T. TERRY TOWN CLERK i~EG[STRAR OF VITAl. STAIISTI£S SC FFOLK COUN~I Y Southold. L. 1.. N. Y, 11971 TELEPHONE (516) 765 1801 July 31, 1981 To: The Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2858, application of Harry P. Fagan Jr. and wf. for a variance. Also included is Notice to Adjacent Property Owners Daniel Dunn, John Weiss and Edward Williams, Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use, Notice of Disapproval from the Building Department, and survey of the property. sl~o,,r EFIVIt~,ONktENFAL ASSESSMENT Fo" Ills T[!UCT IOH-~;: -----~ In order to answer tile questions in this short EAF ~t ~s assumed that ~he prepay'er ~'~li u~e_cu~rentl)' available ~nformotLon concerning the pz'oject and ~he ~l:e].). Lmpac:[s of the action. It ~s no~ expected odd~t~ono~ s~ud~es, reseorc[, or at. her ~nves~ZgotLons s.lLI~ be undertaken. (b) IF any question has been ons~*erecl Yes the project may be s~gn~f~con¢ or, d o comi)ie~ed Er, v~'onmen~oi Assessment Fo~m Ls necessary. (c) IF a~Z questions have been answered No Lk Ls 1LlceZy ¢h0¢ thZs p~ojec~ ~s not s]gn~F&can'L. · (dj Env~ronmen~aZ Asses:~men¢ ~. ['?[~ project ~Zn o Iorge physLcoi change ~o the p~o]ec~ s~te or physically alte~ more than 10 acres of land? ........................ Yes 2. ~'li!l lhere be o major change ~o any unique or -unusual land foz'm found on lhe site? ......... Yes ~. ~'lill projecl oiler or hove o large' ef{ec¢ on 4. ~'fi~ pzojec~ hove o po en~iolJ, y o ~ on groundwater quality? ...................... . Yes 5. ~'1111 pro~ect significantly effect dro!nage flo~.~ on adjacent sites? ......................., Yes,/No,, . 6. ~'I&11 project affect any threatened or endangered plant or onJrnal species? .......... Yes 7. ~'1111 pro~ec~ ~esult in o ma~o~ adverse effect "/N~ on air qua.lLty? ............................. .. Yes o 8. ~'~il1 pzo)ect have o mo]or effect on visual character o¢ the community or scenlc views or vistas kno~m ¢o be impozton¢ {o the community? Yes~No 9. ~'/.~ll projecl adversely impact any site o~ .- structure of his[o~'ic~ p~ehisloric o~ paleontological importance or any site designa~.cd (~s o critico! environmen~o], area by o local agency? ............ ~:..".-,-.~'.-.'.~".-.~'... Yes. _f'l° 10. ~'lJ.~l project hove o major effect on exist.lhg o~ fu[ure recr~:c, tlor,ol opportunities? ......... ~'es/No 1~. I~ill projecl result in .mojo~ traffic problems oz. cause o major effect ia ex-isling troosportotion systems? ....................... --Yes 12. ~'till project regularly cause objectionable odors~ noise, glorc~ vibro~ion~ or elec'tricol d~sfurbonce os o result of the project's ]3. ~'~] project have o · or .safety? .................................... Yes No 14. ~'/ill p~ojeci affect the existing communily by directly causing o growth in permanent populolion of more than 5 perceC~t over o one year period or have o major negative effect on the cl,arocter of the community Yes neighborhood? ................................. . . 1.5. ~s there public controversy concerning the ' '~N-- project? .................... Yes o REPF~ESEHTI (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of _~~F ~'~ ~' Location of Property: F~ ~' Dear Sirs: In re~erence 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: (please check 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, TOWN OF SOUTHOLD, H~',/ YORK ~.R..~.. ?' F~,~...~..,~1/~-n ~ ~'. of .......................................................................... ~GO Name of AppeHa.nt Street and Number ............... '~"~"~"-~"'~'"~'"'~"Municipality ...................................................... ' .................... ...~...~ HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ... ?. ............. ~'~" J'X'6~'~'~'~ J'fJ'~jr;~ii ................ .......................................................... '~'6;f"'ci'~'~ii~'~ .................... '~'~'7 .................. of Street and Number ( ) PERMIT TO USE ( ) PERM,T FOR OCCUPANCY I. LOCATION OF THE PROPERTY Street Use District on Zoning Map .................. 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.) 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 c?peal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form ZB! Continue on other side) REASON FOR APPEAL sary HARDSHIP because properties alike in the :m~me'~iote 2. The hardship created is UNIQUE ~nd is ~ot shared by oll . .~.~_.~ v cini,v of this property and in sp~rh c~ t'ne OrdinanC~ ~-'~d wOULD ~qC:" :'~'~ "" 3 The Variance would observe the ,' Ct~ARACTER OF THE DISTRICT because CouNTY 0~' ¢'~ Sworn to this .............................................. day of JUDITH T. TERRY BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold 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)~--v--,-,' .... E×czption) (-~t) (.t~lief: 2. That the prgperty,~vhich is the subjeg~ of the Petition is Iocate~d adjacent to_your property and is des- cribbed as follows: 3. That the propert, v which is the subject of ~uch Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ,~i))/.7-/~,' ~ $. That the pro~,isions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article /// ' Section /Oo - ~/ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petition~/ ~" J,/ Post Office ~,ddress NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OFNEWYORK) COUNTY OF SUFFOLK) SS.: ,~¥ g/~,,~,,,~ , bein~ duly ~d sa~ha~ of / "~V~..~ ,1 9 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~O~F//~ ~ /I/~/' ; that said Notices were mailed to each of said persons by (certified) (registered) mail. / Sworn to befgre me this ~/ ~ day of ~r~-~z-i ,19 ~/ ~ ~Notary Public ~ JUDITH T. TERRY Nota~ Public, State of New York No. 52-0344963 Suffoik Count~,~ ~omnlJ~$ton Expires March 30, 19~/ ,/.?~ zlu ~./->. u'~