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HomeMy WebLinkAbout2861 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2861 by application Dated August 4, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTROLD To Mr. Donald J. Finnerty 1530 Fleetwood Road Cutchoque, NY 11935 at a meeting of the Zonir~ 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 speeiml exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-32 ( ) Appellant the appeal 1. S~g '' ~~g~l~,~I~lO~Mg~X~X.~t~ exception ( ) be 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 9/3/81: Application of Donald J. Finnerty, 1530 Fleetwood Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Section 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. 1000-137-5-11 & 12. (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) (e) 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 mad~ the following findings and determination: By this appeal, appellant seeks a variance for permission to construct a 9' by 20' addition to accessory building (garage) which is located in the frontyard area with a setback off Betts Street of approximately 65'+ for storage of a small boat during the winter months. Existing on the subject premises is the small garage and one-family two-story frame house with porches. The premises contains an area of approximately 21,900 square feet and has a minimum width on both Betts Street and Fleetwood Road of 100 feet. The Board agrees with appellant's reasoning in this appeal. The Board finds that the relief requested is not substantial in relation to the zoning requirements of the town; that the relief requested is within the spirit of the zoning ordinance; that if the relief is granted no adverse effects will be pro- duced on available governmental facilities of any increased population; that the relief if granted will not change the character of the neighborhood; that the practical difficulties are unique in these circumstances; and that the interests of justice will be served by allowing the variance, with the below-specified restriction. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Donald J. Finnerty be granted permission to construct addition to accessory building in the frontyard area, SUBJECT TO THE FOLLOWING CONDITION: That at no time is the garage or addition to be converted to habitable use (living quarters). Location of Property: 1530 Fleetwood Road and Betts Street, Cutchogue,'NY; County Tax Map Parcel Item Nos. 1000-137-5'11 and 12. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki, and Grigonis. This resolution was unanimously adopted. , ECEIVED AND LED BY Town Clerk, Town of Southold APPROVED 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, NY 11785 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, 57 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 Ole Jule Lane, Mattituck, NY; west by 01eJule Lane, Douth by 01d Jule Lane, Tax Map Item No. 1000-122-5-18. bounded north by Allsopp, east by Battersby; County 7:30 p.m Application of Demetrios and Joanne Joannideu, 60 Central Drive~ Mattituck, ~ 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 No. 1672, Subd. Lot No. 114). 7:40 p.m. Application of.Harry P. Fasan, 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 - Board of Appeals Regular Meeting 9/3/81 7:50 p.m Application of Thomas and Phyllis Maus, 6 Michele Ter- race, Massapequa Park, NY 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, ~; bounded north by Wsod 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 Eedar 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. 100-31 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.~erbs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for ~pproval 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 wGst by Fleet, south by Fleet Meck Road, east by Jezek; County Tsx 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. 100-31 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 No. 1000-122-6-6. 8:30 p.m. Application of Gladys G. Bayley, c/o Flower Hill Build- ing Corp. as agent, Cutchogue, NY for a Varianc~ to the Zoning Ordinance, Art. III, Sec. lO0-30A for permission to constr~ct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, hq; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item Mo. 1000-il9-1-14, (further known as Nassau Point Subdivision Map Mo. 156, Lot A). ~age 3 Legal Notice of Hearings - Board of Appeals · Regular Meeting 9/3/81 ?'-8:50 p.m. Application of D_onald J. Finnert¥, 1530 Fleetwood Road, Cutchogue, ~ for a Variance to the Zoning Orc~inance, 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, ~utchogue, NY; bounded north by Hansen, west by Betts Street, south by / Samios, east by Fleetwood Road, County Tax Map Item No. 1000-137-5- l and 12. 9:05 p.m. Application of .~illiam and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 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 Zo~ning Ordinance: (a) to construct deck/addition to dwelling with an insufficient frontyard setback pursuant to Articl% III, Sec. 100-31; 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, NY; 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 insufficient yard setbacks at 95 Love Lane, Mattituck; bounded north by North Fork Bank and Barker, west by Protestant-Episcopal ChMrch, south by Sound Avenue, No. 1000-141-~-part of 28. Dated: August 21, 1981. east by Love Lane; County TaX Map Item BY 0RD~R OF THE SOUTHOLD TOW~ B0.~3~D OF APPEALS CHARLES GRICONIS, 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, NY 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 Kowals~i, 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 OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ........ Date ......... ;'7 "' '/ .......... ' PLEASE TAKE NOTICE that your application dated ............ . ~.¥¥...~. ~.., 19 ..~./ for permxt to construct... ~'. .'c~4 ......... ~ ~ . .. ~ .... : .4. .,,IX'A~. .i. ~. .,. .. ~ .... , ..... Location of Property [~'~ 0 ~..~..~. ~~ ...... ~.~~ fi3~ ~o~ ...... St~t Hamlet county ~x ~=~ ~o. ~o~o s~tiun ... ~ ~ ..... ~o=k .. ~ ........ Lot . ./~ ~ Z~. .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .. ~,..c.c.-..~.~.~ .~..~..(.~. · .'~>:~.~' ~. ~c~X~G~, 2407'- ,~o ~.;'~t~r.,~ ..,.~' /:,e~,?V C>a,,d . ~ tt~'F~7- too - 3 ~ ................. '1'/' ''~ ...... ; .......... I ......... ,'~ ............................ RV 1/80 Examined ' ..,19... F©RM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1302 Approved ................. 19... Permit No ............ Disapproved a/c ....... '. ............................. Application No ................ (Building Inspector) APPLICATION FOR BUILDING PERMITDat~ ,~/~ ~/ '~ 1 INSTRUCTIONS a. This application must be completely filled iu by typewriter or in ink and submitt'ed in t~plicate to the Buildi Inspector, with 3 sets of plans, accurate plot plan to scale. Fee accordiug te scheflule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stre~ or areas, and giving a detailed description of layout of property must be drawn ou the diagram which ispart of this cation. c. The work covered by this application may uot be commenced before issuance of Building Pemfit. d. Upon apprc.'al of this application, the Building Inspector will issne a Building Permit to the applicant. Such pern shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in pan for any purpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. ~PLICATiON IS HEREBY MADE to the Building Department for the issuance of a Building Pe~it pursuant to t Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for~th~ construction of buildings additions or alterations, or for removal or demolition, as herein describe The applicant a=rees to comply with ~11 applicable laws, ordinances, bu ding code housing cod~/~d regulations, ~d admit authorized inspectors on premises and in buildings for necessaw flls~e~. ~ ...... ,~oignatu[e of appliOnt~r name, if a~orpo[ation) ( ",~ f ppficant) >Iicant is owner, lessee, agent, architect, engineer, general contractor, electdcJan, plumber or build. ~,~u,~ o~ owner o~ p~,n~ &~ & .-~.~..~...~. ~¢~ ¢ ~.~ ....................... (as on the tax roll or later'deed) * ' ' ' ' if applicant is a corporation, signature of duly atlthorized officer. (Name and title of corpo.rate officer). Plumber s License No .... ./.,~.~..,./~. ............. / . Electriciao s License No .... ./.~../~.... Other Tra~e's License No .... ~. ......... ~ ·. . , ...... .......... Number Street ~m'l;t ~ 7 q' (~ / County Tax Map No. 1000 Section ~ t ~ Lot ~ t ~ ......... ; ........ Block ................................... Subdivision ..................................... Filed Map No ....... Lot .. (Name) .................... 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . ~~~/~~ .......................................... b. ~.,~.~a ~s~..a o~=~ . Z~z~~/~Z ..................... L Nature of work (check which applicable): New Building .......... Addition .......... Alteration ...... ' : Repair .............. Removal ......... ~ '' ' )~ ..... Dcmohtlon .............. Other Work ............... (Description) Estimated Cost. ............................ Fee .......................... .- ......... (to be paid on filing this application) ;. If dwelling, nnmber of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars . .~-. i .......................................................... ~. ....... i. lfbusiness, commercial or mixcd occupancy, specifyhatnreandextentofeachtypeofuse .....--::ww-...~,~,3//,,~i ....... ~. Dimensions of ex;istbng structures, if anv: Front... ~..b. ~ .... Rear . ~- .~. ~. ..... Del~th . .,2...t~... ~. Hmght ..//..///P./~. .... Number of Stories. ] ...... ~.' ................ .d'. ................... ./' ........ Dimensions of sma, e structure with alterations or additions: Front ................. Rear .................. Depth ...................... Itei~tt ...................... Number of Stories ...................... ~. Dimensions of entire new construction: Front . fl..o ........... Rear .~..~ ............ Depth ff. ............. Height ............... Nmnber of Stories .................................. : ..................... I. Size of lot: Front ...................... Rear ...................... Depth ...................... ). Date of Purchase ............................. Name of Former Owner ............................. 1. Zone or use district in which premises are situated ................................... :. ............... !. Does proposed construction violate any zoning law, ordi.nance or regulation: ........ ~ ....................... t. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No ~. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAG RAM Locate clearly and distinctly :,.11 ot iklings, whether existing or proposed, and.indicate all set-back dimensions from ;operty lines. Give street and block nun:ber or description according to deed, and show street names and indicate whether te ororcorn rlot. ' I'ATEOFNEWYtO)RK,,,, ,, .~ o o ' ...... being duly sworn, (Name of indi '~l, fiTal s~fing contract) (j )ove named. deposes and says that he is the applic?.nt e is the ...................... ~ .................................................... (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ~plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the 'ork will be performed in the manner set forth h~ tl'.e api31ication tiled therewith. a, om to before me this otary P, ublic, . ...,./D, .... .~ ."..~ C to//un;v"~ / ,a OTOWN OF SOUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA, NO. ~. 2~ / .^~ ......... ~'/..~/~. .... ..,-o -,-.~ ~.o,,~? o~ ,,,~,,,.~, .,-ow, o~ so~-,-.o,,:,, ,. ,,,., ,, ,w,, ..... ~:~.....~.~o,...../..~.~.~....~~../.~,~ Name .of ~_~llont x~ Street and Number · U ................... ~ ...................................... ~ ........... HE.EBY APPEAL TO Munich)polity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ............. J~ame of Applicant for per_mit / /,~ ~_ Street and Number Municipality State ' ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Use District on Zomng Map Street ,0oo ~ ~ ~..~..~.,.~..~...!~ ........... '/~'l~"i~. ' ........ 7' "J'/Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section,. Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~/' 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. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode 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 A Variance to the Zoning Ordinance is requested forthe reosonthat ,~ -~4~ (Continue on other side) REASON FOR APPEAL , Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ ~ .~ ~ 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 ~ ./'.~.~,.._. ~, .... '~,~J.,~ J_ ~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER Of THE DISTRICT because ) SS .............. COUNTY O~ ) Sworn to this .............. ~ ........... day of ......... ? ~,OTARY PUBLIC, State of New Yodg ~, No. 52-8125850, Suffoll~ Cou~f.,,~ ~* ~ Term Expires March 30, ~. co [ e. ~0°=1" JUDITH T. TERRY TOWN CLERK REGISTRAR O}~ VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 August 4, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning ~g~[~.~.~.application of Donald J~ ~for a variance. Also included are notification to adjoining property owners, Notice of Disaoproval from the Building Inspector, short environmental assessment form, survey, and wetland questionnaire. JTT[bn Enclosures Judith T, Terry~ Town Clerk DEPARTMENT OF PLANNING Town of Southold Board of Appeals December 7, 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 Number Michael A. LoGrande Richard Posselt Donald J. Finnerty Toba LaJa Orro Lemore Adamson Alan A. Cardinale Mr. & Mrs. Warren Hufe, Jr. Peter & Patricia Lenz 2854 2855 2861 2882 2888 2889 2890 2892 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner ¥/~TERANS 141[MORIALNIGk'iV/&Y . #AUPF'AUGI~, I-. 1.. NI[W YORK ' "~ 11788 Southold Town Board o£_Appeals MAIN ROAD- STATE RrlAD 25 SOUTHOLD, L.I., N.Y, llB?I TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Board of Appeals of the Town of Southold, the XX New York, hereby following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III, Section Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Suffolk County Charter, the refers 100-32 Appeal No.: 2861 Applicant: Donald J. Finnerty Location of Affected Land: 1530 Fleetwood Road, Cutchogue. County Tax Map Item No~: 1000- 137-5-11, 12 (attached) Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Eugene's [East] Creek 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. was qranted COMMENTS: Applicant io~M~tl~v~N~g permission to construct addition to accessory building in the frontvard area with a setback off Betts' S~reet of approximately 65 feet, for storage purposes. Copies of Town file and related documents enclosed herewith for your review. Dated: Dec. 4, 1981. Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 Sr'lUTHOLD, L.I., N.Y. 11971 TELEPNONE 1§16) 76§-1809 APPEALS BOARD MEMBERS CHARLES GRIGONtS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI November 5, 1981 Mr. Donald J. Finnerty 1530 Fleetwood Road Cutchogue, NY 11935 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered con- cerning your appeal application. 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 By: lk Enclosure Secretary $outhold Town Board of Appeals I~AIN RI:3AD- STATE RI:3AD 25 SEIUTHI3LD, L,I., N.Y, 1tg"71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR.,CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H, SAWICKI September 5, 1981 Mr. Donald J. Finn~rty 1530 Fleetwood Road Cutchogue, NY 11935 Re: Appeal No. 2861 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 Donald J. Finnerty be granted per- mission to construct addition to accessory building in the frontyard area, SUBJECT TO THE FOLLOWING CONDITION: That at no time is the garage or addition to be converted to habitable use (living quarters). An official determination will be filed with the Town Clerk and simultaneously forwarded to you in the near future. CG:lk Yours very truly, CHARLES CHAIRMAN 'oday'~ Date: Thursday/~Se~tember 3, 1981 -lembe4-s Abse,lt~ if an)': none ppeal No.. 2861 .genda Item/,Xlatter of: ype o£ Variance or Appeal: DONALD J. FINNERTY Area variance/addition t?__~___accessory Dui£ding. K2~ ~solution made by: 3co n ded by: GCrharles lgoms ( ction: ( ( ( ( ( Approve as applied for Deny as applied for ; Den)' Deny without prejudice" W'ithdrawn without Prejudice er e ~o~n Robert ~ Gerard ~oseph. . Dougr~ss uoenrmger . baWlCKl ( ) (~/ ( ) ~ (.) ( ) ( ) ( ) ( ) ( ~J~pprov~4,,with the following conditions: ( ).~ubject to County Planniflq referral ( ) Subiect'to Planning Board approval (i) Subiect to D.E.C. requlations ( ) Other: ndings of the Board are as follows: Other: No[ Within the Character 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, served by denying Granting the Relief Requested is wi%hin 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 ~ay: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) .( ) ( ) ( ) ( ) COUNTY OF SUFFOLK STATE OF NEW YORK 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 ........ ..'7~......'~. ................... day ~C~~ ....... c 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 heatings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, September 3, 1981 commencing at 7:15 p.m., as follows.: 7:1S p.m. Application of Michael A. LoGrande, 63 Pinedale Road, Hauppague, NY 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, Cutehogue, NY; bounded north by Madze- lan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000-136-2-4. 7:2S p.m. Application of Richar~ Posselt, 23 Fairmont Street, ~luntington, NY 11743, for a ~ariance to the Zoning Ordinafiee, Art. III, Sec. 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituek, NY; bounded north by Allsopp, west by Old Jule Lane, south by Old Jule Lane, east by Battersby; County Tax Map Item No. 1000-122-'~-18. 7:30 p.m. Application of Demetrios and Joanne Joan- hides, 60 Central Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Art. 111, Sec. 100-31 for permission to construct deck/addition to Sworn to before me this ...... .~, ....................... day of Hill Building Corp. as agent, Cutchogue, NY by Richard F. Lark, Esq., for a Variance to the Zoning Ordinance, Art. III, See. 100-30A 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. 1000-119-1-14, (further known as Nassau Point Subdivision Map No. 1S6, Lot A). ,8:50 p.m. Application of ,, , ,Donald J. Finnerty: IS30 Fleetwood Road. Cuteho~ue. ,NY for a Variance to th% ~oninl~ OrdinanceI Art. II1h ~ec. !00-32 for permission to ,construct addition to accessory' , buildin~ in the frontyard areaI , located at 1S30 Fleetwood goad and Betts Street, Cut-~ ,choguei bounded north Hansen, west by Betts Street, south bv Samlosr east ,Fleeiwood Road; County Tax ,Map Item No. 1000-137-S-11 & 9:0S p.m. Application of William and Ann Zoldessy, 1S60 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. Ill, 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 Avenue, west by Vallely, south by Lindsay, east by Rdssell; County Tax Map Item No. 1000-113-7-4.1. 9:1S p.m. Application of Sonny Brown, Box 473, Madi- son Avenue, Greenport, NY for a Variance to the Zoning APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 August 17, 1981 Mr. Donald J. Finnert~ 1530 Fleetwood Road Cutchogue NY 11935 Re: Appeal No. 2861 Dear Mr. Finnerty: Upon reviewing your recent appeal application, the Board has requested that a survey be submitted showing the dimensions of the proposed addition and its setbacks from the property lines as soon as possible. Thank you for your cooperation. Yours very truly, CG:lk CHARLES GRIGONIS, JR. CHAIRMAN Legal Notices LI~GAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the ~ Provisions of the Amended Cede of the Town of Southoid, a Regular Mooting and the following public bearings will be held by the Southoid Town Board of Appeals at the South- old Town Hail, Main Road, Southoid, NY on Thursday, September 3, lg~1 commenc- ing at 7:15 p.m. as follows: 7:15 p.m. Appicatiou of Michael A. LoGrande, 63 Pine- 1000-106~3-17; (further known as Cpt. Kidd Estates Map No. 1672, Sub//. Lot No. 114). 7:40 p.m. 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 Stroot, Cutchegue, NY; bounded north by Dunn, west by Betts Stroot, south by Williams, east by Weiss; County Tax Map Item No. 10~0-110-6-9.. 7:50 p.m. Application of Thomas and Phyllis Maus, 6 Michele Terrace, Masoapequa Park, NY 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oak- wood Drive, (a/k/a 505 Lake Side Drive North), Southoid, NY; bounded north by Wood Drive, west by Clear View Read, south by Lakeside Drive, east by Haskins; Coun- ty 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 Ordin- ance, Art. III, Sec. 100-31 for permission to construct deck/ addition to dwelling known as 620 Lake Drive, Southo]d, 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, Greenpect, 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 divisi~ nd for permission to reloca, ,uilding with insuffic- ient yard setbacks, with yard determination on proposed lot adjoining Stillwater Avenue. Location of Property: Pc- quash Avenue, Cutchogue, NY; bounded north and west by F!oot, south by Fleet Neck Road, east by Jezek; County Tax Map Items No. 1000-137-2- 8, 18/19. 8:20 p.m. Application of Mary Ray, 375 Factory Ave- nue, Mattituck, NY for a Var- iance to the Zoning Ordinance, Art. III, Sec. 100-31 and 100-36 for permission to construct carport/addition with insuffic- ient sideyard and roaryard setbacks 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 the Zoning Ordinance, Art. IH, 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- chegue, 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). of -west by Be~s ~t~e~t, ~uuib by ROad: County tax lvl~p ltw~r ]q~. 1000-137-5-11 ~ t~. ~ 9:05 p.m. App, cat~fl of William and Ann Zoldessy, l~0 Pelham Parkway, Bro~, NY 10461, for a Variance to the Zoning. Ordinance, Art. III. S~. 1~31 for approval of insufficient area arid width of two pro,ed parcels, I~at~ at the south side of Bergen Avenue, Mattituck; ~und~ north by Bergen Avenue, west by Vallely, south by Lindsay, e~/st by Russell; County Tax Map Item No. 1000- 7-4.1. 9:15 p.m. Appb. ,,on of Sonny Brown, Box 473, Madi- son Avenue, Groonport, NY for a Variance to the Zoning Ordinance, Art. XI, Sec. 100- 118D 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. 25), Greenport; bounded north by Village of Groonport, west by Wardow- ski, south by Main Read, east by Rutknski; 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 355, Pc. quash Avenue, Cutchogue NY for a Variance to the Zon ng ..... being duly Sworn. blisher of the SUFFOLK :hed at Greenport, in said the annexed is a printed d Suffolk Weekly Times be an addition to the existing structure under the ordin- ances. Location of Property: Corner of Pequash Avenue and Fleetwood Read, Cut- chngue; bounded north by Fleetwood Road, west by Pc- quash Avenue, south by Gold- smith, east by Sehreder; Raw 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. ~:i: Dated: August 21, 1981. BYORDEROF )~reo ~arch 3J. 19~.~ THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TA27-3755 Ordinance: (a) to construct deck/addition to dwelling withr ................. weeks an insufficient frontyard set- back pursuant to Article III, . ....................... Section 100-31; or (b) determ- ining this improvement not to ~ Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRrGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T ,?_ ,"; ,~ ',' TUT=',', LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER N.Y.S. Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2861. Application of: Donald J. Finnert~ Location of Property in Question: 1530 Fleetwood Road and Betts Street, Cutchogue, NY. County Tax Map Item No. 1000- 137-5-11 and 12. Project Proposed by Appeal Application: in frontyard area. Addition to accessory building 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 submitted 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 SHO?,T EHVIROFIN{ENTAL ASSESS~JENT FOM ~NSTRUCT IOFIS: ~ fo) I~ order to answer- the questions in this short EAF it is assumed that the preparer ¥~ill use. currently available information concerning the project and tho likely impacts of the action. It is not expected that additional studies, research or other investigations ~.~ili 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 answered No it is likely that this project is not significant. (dj Ehvironmental Assessment 1. Will project result in o large physical change ' to the project site or physically alter more than 10 acres of land? ........................ Yes~o 2. ~'lill there be a major change to any unique or -unusual land form found on the site? ........... Yes.~x~N~ 3. ~'lill project alter or have a large'effect on existing body of ~vater? ..................... 4. Will project have a potentially large impact'", - on grounch~ater quality? ....................... Yes 5. Will project significantly effect drainage flo~.~ on adjacent sites? Yes~ No ~. ~'lill project affect any threatened or endangered plant or animal species? ........... Yes.~ No 7. Will project result in o major adverse of feEt ; air quality? ~ 8. ~?ill project have o major effect on visual character of the commuaity or scenic views or vistas known to'be important to the community?. 'Yes..>(No ?. Will project adversely impact any site or .. structure of bistable, prehistoric or paleontological ~mportance or any site designated as a critical environmental area la. Will project have o major effect on existihg or future recreational opportunities? ......... Yes ~ No 11. ~11 project result in.major traffic problems o~ cause a major effect ¢o ex.lsting transportation systems? ....................... Yes 12. ~?itl project .regularly cause objectionable odors, noise, glare, vibration, or electrical dis'u~bonce ?~ o resul, oF ,he projec,'s operotlon? .... ~-'-~ ' Yes i3. ~ill p~ojec~ have any i~poc~ on public health ..... o~.sofe~y? .................................... Yes 14. Will p~ojec~ oFFec~ ~he existing communi~y by ' d~rectly cousin~ o gro¥~th in permonen~ population oF mo~o ~hon 5 pe~ce~ over o one year perlod or hove o mojo~ negative eFFec~ on ~he cho~o~e~ oF the communi~y o~ neighborhood? ................................. Yes ]5. Is there public controversy conce~nlng ~he ~es' proje~+? ........................... PREPARER'S SIG~AIU'R REPRESEltTING_ , / To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 ~ ~ Appeal Application of .~. ~ ~/p~~- Location of Property: ~5~ ~~z/ ~ -%. 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: (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 lccated 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.] Sin~Derely yours, TOWN OF ~OUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECTOR YOR ..... ....... DATE TO THE ZC~I1,NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y-, - ................... ........................ ...................................... ....7...J...~ ........... HEREBY APPEAL TO Munic~ality 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 ............. J~ame of Applicant for per_mit / /~ ~_ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Use District on Zoning Map -- Street , ........... '/~op No.? ~ Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section,. Sub- section end Paragraph of the Zoning Ordinance by number. Do not 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) (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 a variance and waS mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~, A Variance to the Zoning Ordinance ( ) is requested forthe reasonthat ~- ~ .~,~ (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would prod~uce practical difficulties or unneces- sary HARDSHIP because ~ ~ ~ ~ 2. The hardship created is UNIQUE and is not shored byo~ 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 ~-c~ ~- ,,,~e~¢~..~ ~~ ~ ,~4,.-c.~ cry Publi.c. ..... £LIZAB~rH ANN NEVILLE ~OTARY PUBLIC, State of New Yml~ ,~No. 52-8125850, SuffoLk Cou,~ Term Expires March 30, 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 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeal~s of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: '~/~ ~ ~ 2. That the I~roperty which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~'//,~c_ ~ .r-~~ ~ / / ~ That .t, he~ pro~)erty which iA tbe. subject of_~uch Peti~on is located in the fo~l[~owing zoning d str ct ,f 4. That b.y such Petition, the undersigned will request tl~e following relief: Y~4/-~-~-*~'~'~ 5. That the orovisions of the Southold Town Zoning Code aoolicable to the relief sgught by the under- signed are: ~~ ,/',,~' ~ 2 · at within five d~ys 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. 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 $outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. ePePe~titioner ~/' ~ Post J:~ce Address /~ f ~.. PROOF OF MAILING OF NOTICE NAME ADDRESS 9~.61 '~d¥ 'OOg£ uu.~o zl Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: , residing at ' (~/ ~ , being duiy sworr~, deposes and says tfiat on the ~ day of ~ ,19 ~/ , deponent mailed a true copy of the Notice set forth on the re- verse~ide~ereof, 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 currenbassessmept r. ell. of the Town of Southold; that said Notices were mailed at the U~ States Post Of- rice at ~~ , . ~.~. ~ ~ . ;that said ~ic~ were mailed to eac~o~said persons by (ce~ified) (~giste~ed) mail. / ~/ ' / ~~ Sworn to ~re me t~ ~ ~~~//~ / day~ [ ~'~g __19 ~/ - f / ~-0 Notary Publ%c V 7 ELIZAB~ ANN N~I~E ~ ~OTARY PBBL}~, State of New Y~ N0. 5g-812~, Suffolk ~ ~ Term ~pires Mar~ $0, 19~ / / N, 3.5 A (¢} -37 // \ \ COUNTY OF SUFFOLK :,,..uF SOUTHOLD P, operty 1-ax Service Agency Jv,__LLAC~_OF______ County Center /DISTRICT NO. lO00 Riverhead, L I., New York . SECTION NO 137 PPrqpERTv M~r