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HomeMy WebLinkAbout2857 2857 by Appeal No. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS application Dated July 31, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OFSOUTHOLD To Mr. and Mrs. Demetrios Joannides 60 Central Drive Mattituck, NY 11952 DATE .~,.~.1.~./...8.1 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. ~%K~FA~A~J~k~x%'x~g~I~X~Xg~4~X~iC~k~kxaXl~NX~ ( ) be graded ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be cxm~aX~a~e Public Hearing 9/3/81: Application of Demetrios and Joanne Joannides, 60 Central Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for per- mission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road), Mattituck, NY; bounded 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 1672, Subd. Lot 114. (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 practical difficulties or unnecessary (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 FORNI ZB4 ZONING BOARD OF APPEALS The Board made 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 a deck addition eight feet into the frontyard area from the front section of the house (not from the porch). The existing front porch extends into the frontyard from the house approximately seven feet. Applicants also propose the deck to extend into the sideyard area approximately 10 feet which is per- mitted under the rules and regulations of the zoning code. The subject parcel is a corner lot as defined in Section 100-34 of the code. The Board finds that the nature of the location of the existing dwelling lends itself to the practical difficulties of the applicants in the relief requested in this appeal. The Board does agree 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. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Demetrios and Joanne Joannides, be granted permission to construct deck addition to dwelling SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the deck shall not exceed seven feet from the dwell- ing into the frontyard (from the front of the house); (2) That the deck shall not be permitted to be enclosed. Location of Property: 60 Central Drive (a/k/a 3905 Breakwater Road), Mattituck, NY; bounded 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 Captain Kidd's Estates Map No. 1672, Subdivision Lot No. 114. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. Board or,peals ~/' RECEIVED AND FILED BY T}iE SOUI}iOLD TO%~gN "Toxin Clerk,. Tcwn ~;~""CA 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 5, 1981 commencing at ?:15 p.m., as follows: 7:15 p.m Application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, 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. 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 ~ichard Possett, 25 Fairmont Street, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Art. III, Sec 100-51 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Ju!e Lane, Mattituck, ~; bounded north by Allsopp, west by 01eJule Lane,,south by Old Jule Lane, east by Battersby; County Tax Map Item No. 1000-122-5-18. !7:30 p.m Application of ~! e ' e , 60 tral Drive. Mattituck, ~ for a Variance to the Zoning Ordinance, · III, Sec lO0-31 for permission to construct deck/addition to lling with an insufficient frontyard setback at 60 Central Drive ! (a/k/a 3905 Breakwater Road) Mattituck, NY; 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. 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 - Board of Appeals Regular Meeting 9/3/81 7:50 p.m Application Of Thomas and Phyllis Maus, 6 Michele Ter- race, Massapequa Park, h~ 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 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 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. lO0-31 for ~ppr0val 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 west by Fleet, 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 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, Avenue; County Tax Map Item No. 1000-122-6-6. 8:30 p.m. Application of Gladys C. Bayley, east by Factory 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, (~urther known as Nassau Point Subdivision Map No. 156, Lot A). ~age 3 Legal Notice of Hearings - Board of Appeals Regular Meeting 9/3/81 8:50 p.m. Application of Donald J. Finnert¥, 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; 11 and 12. 9:05 p.m. County Tax Map Item No. 1000-137-5- Application of William 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 areaand 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 4~; County Tax Map Item No. lO00-110-&-l. 9:30 p.m. Application of John Kowalski~ Jr. and Chester Berry~ Jr., c/o &0~ 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 Church, south by Sound Avenue, No. lO00-141-4-part of 28. Dated: August 21, 1981. east by Love Lane; County TaX Map Item BY ORDER OF THE SOUTHOLD TOW7$ BOARD 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, 5~ 11971 on or before September 2, 1981. page & - 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 to the following on or about 8/~/81: Copies Supervisor Town Board Members Southold Town Planning Board Secretary Copies in each ZBA file. xamined ................ , 19... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 pproved ................ , 19... Permit No ............ isapproved a/c ....... : ............................. Application No ................ (Building Inspector) ~ APPLIC~,TION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Buildi ~spector, with 3 sets of plans, accurate plot plan to scale. Fee according te schedule. b. Plot plan showing location of lot and of bnildings on premises, relationship to adjoining premises or public stre( ? areas, and giving a detailed description of layout of property must be drawn on the dia~am which is part of this apl: ~tion. c. The work covered by this application may uot be commenced before issuance of Building Permit. d. Upon apprc.'al of this application, the Building Inspector will issue a Building Permit to the applicant. Such peru ~all be kept on the premises available for inspection throughout the work. e. No building shalI be occupied or used in whole or in part for any pnrpose whatever until a Certificate of Occupan ~all have been granted by the Building Inspector. APPLICATION IS IIEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to t nilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances cgulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and ]mit authorized inspectors on premises and in buildings for necessary insl~ctions. ..... ............ (Si~n'atnre of applicant, or name, if a corporation) (Mailing address of applicant) rate whether applicmtt is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build~ ...... ............................................................................ a,,e of owner pren, ses ¢'. ?,':. < .*. .4. . Z'. .¢ .... 7',:. .0.. . ,',.,. .............. (as on the tax roll or latest deed) · applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Bt 'lder s License No. Plulnber's License No ......................... Electrician's License No. Other Trade's License No ...................... Location of land on wifich proposed work will be done ................................................ House Num b~? Street Hamlet County Tax Map No. 1000 Section [ 2] (~ -~ ( ~ ............ ...... Block .................. Lot ........ ' ......... Subdivision ' " ~ ' ' ~ / ~ .... Filed Map No. ' ' ~ Lot [ ~ ~ / (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .... d..~Fg.'~'I. ~. .... 4~.<. /(~ ~'e ........................... I..~ i~'t / / ' //' ' ' II ~/I b. In,~ndcd~.' ~ use and occu::,::;:cs' / ' / ~ .... :-~ ' ~ ' - ~/ v ~/ ........ ' .......... 'f ..... 3. Nature of work (check which ap ble): New Building .......... Ad n ....... Alteration .., .... ~,... Repair .............. Removal .............. Demolition .............. Other Work ............... f (Description) Estimated Cost ..... .~. ~ ~ O Fee /t t> (to be paid on filing this'application) ;. If dwelling, ntnnber of dwelling units ..... // ......... Nnmber of dwelling units on each floor ..... / .......... If garage, number of cars ........ /. ............................................................... ;. If business, commercial or mixed occupancy, specify fiature and extent of each type of use .... 0 ................ ~. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Itei~t ...................... Number of Stories: ..................... ~. Dimensions of entire new constrnction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ ~. Size of lot: Front ...................... Rear ...................... Depth ...................... ). Date 6fPurchase .......................... :.. Name of Former Owner ............................. 1. Zone or use district in which premises are situated ................................... ~. ................. 1. Does proposed construction violate any zoning law, ordioance or regnla:.ion: ................................ 3. Will lot be regraded ........... Will e~c~ess fill be removed from premises: Yes No ~. Name of Owner orpremises .~.--'/2.~.'~ .~i/.'~/¢'-~'' i i i.. Addres~o.C~.~. e~.75.r:.q~./.~.r:,. Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and~indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether terior or corner lot. rATE OF NEW ',fORK, . _,~r_ - ~ (Name of individual signigg~contract) >ore named. being duly sworn, deposes and says that he is the applicant ~.*._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 ~ptication; 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 in the application filed therewith. worn to before me this ........... ...... otary Public, . ........... .~ ...... ~M.Count5 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.,~c; -~ C~ATE ...~....3.~.!../~ t! TO THE ZQNING BOARD QF APPEALS, TOWN OF S~THOLD, N. Y. ' .......... .............. Name of Appell~t Street and Numar .......................... ~/~ .................... Z~../ .................. ~,.~..a~m~,~ ~,~ Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI/~.DIN~ IN~R ON APPLICATION FOR PERMIT NO ..................................... DATED .........."~./~...~..I..~...(.....~.~. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ................ Name of Applicant for permit --, ' o, ..... ........... ...... ................... Municipality State Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY l. LOCATION OF THE PROPERTY ..................................................................................................... Street Use District on Zoning Map .............. L.O.....~.....~.!.?.~..3. ........... 1..!.~. .......... 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( I~ 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 (~ll~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ) ~s requested for the reason that l~orm ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HA~RDSHIP 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 , 3 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW,YORK ) COUNTY O~,~~~_ ss ............................. Sworn ,o this ..............................................day o'..~.......~.z.~..f. ............................ 19J/ JUDITH T. TERRY Nota~ Public. State of New York No. 52-0344963 Suffolk County,_.2 Commission Expires March 30, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL / , '-~ r File No ................................ Date ........... ~.~..~.(.. :?. i ~., 19 . . . . . To ~.,~ ............... ~,~-r'~C~ ~'..,,~(..~.~.. dC:mY~ ~ ........ ( ................... ~.~/.7. ~'~ ~< ~. v f ~_~ PLEASE TAKE NOTICE that your application dated ............. ' .d./:k. :<.. :.~.t(., 19~.~... for permit to construct .... .~. ,~. ~d.~.. ~..0.LT/' .... ?.t~ .... /~ 1)~.~' ~ .t .t../,~...(..-~. .... '~'. ......... at LocationofProperty .. . ~.0;. . /~ /vT/-~t'~ [~ . .~.l~.~f~. . ~t' '~-~O,,~ ~-~F, fl~&/~7£C~ Hou~ No. $t~t ~1 ~ ~ ~oz~amlet County Tax Map No. 1000 Section ....... ~ ~;. ~... Block ........ ,~ .... Lot . [ ~ .......... s~ ......... ,.. ............... ~ ~,p ~o. /.6. ~ .... ~t ~o.. / / is returned he.with and disapproved on the follow~ ~rounds .... ~ (k/. ~Q~(:.L('.~ ]'v~. 7 ........ .. E~.e'.~ .... 7~ i :,> .... ~Z .... ~eLC~ ........ ~.LT. ~ .... ~ C:~'. :.~.~ ..... ....... :c.. ~(f:~ .................... Building Inspector RV 1/80 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR, ROBERT J. DOUG1-A$S GERARD P. GOEHRINGER JOSEPH H. SAWlCKI $outhold Town Board of Appeals NAIN ROAD- STATE ROAD 25 SDUTHEILD, L.I,, N.Y. 11g71 TELEPHONE (516) 765-1809 November 13,1981 Mr. and Mrs. Demetrios Joannides 60 Central Drive Mattituck, NY 11952 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 lk Enclosure ecretary The Board made following findings and ~rmination: 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 a deck addition eight feet into the frontyard area from the front section of the house (not from the porch). The existing front porch extends into the frontyard from the house approximately seven feet. Applicants also propose the deck to extend into the sideyard area approximately 10 feet which is per- mitted under the rules and regulations of the zoning code. The subject parcel is a corner lot as defined in Section 100-34 of the code. The Board finds that the nature of the location of the existing dwelling lends itself to the practical difficulties of the applicants in the relief requested in this appeal. The Board does agree 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. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Demetrios and Joanne Joannides, be granted permission to construct deck addition to dwelling SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the deck shall not exceed seven feet from the dwell- ing into the frontyard (from the front of the house); (2) That the deck shall not be permitted to be enclosed. Location of Property: 60 Central Drive (a/k/a 3905 Breakwater Road), Mattituck, NY; bounded 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 Captain Kidd's Estates Map No. 1672, Subdivision Lot No. 114. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. Chairman Board of Appeals TOWN OF ~OUTHOLD, NEW YORK Appeal No. 2857 At'ON OF THE ZO~NG BOARD OF APPEALS by application Dated July 31, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~NOF SOUTHOLD To Mr. and Mrs. Demetrios Joannides 60 Central Drive Mattituck, NY 11952 DATE 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. :~'9~~:~X~X~~R~RX!k'~X~X~ICXeX~X~°~ ( ) be ~auled ( ) be denied pursuant ~ ~tide .................... Section .................... Subsection .................... para.apb .................... ~ me Zoning Ordinance and the decision of the Bulldog I~pector ( ) be reversed ( ) be c~~e Public Hearing 9/3/81: Application of Demetrios and Joanne Joannides, 60 Central Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Art.. III, Sec. 100-31 for per- mission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road), Mattituck, NY; bounded 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 1672, Subd. Lot 114. (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 practical difficulties (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 varianco (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 ZB~ ZONING BOARD OF APPEAL~ 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 RrlAD 25 =:DUTHrlLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 September 5, 1981 Mr. and Mrs. D. Joannides 60 Central Drive Mattituck, NY 11952 Re: Appeal No. 2857 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 Demetrios and Joanne Joannides, be granted permission to construct deck addition to dwelling SUB- JECT TO THE FOLLOWING CONDITIONS: (1) That the deck shall not exceed seven feet from the dwelling into the frontyard; (2) that the deck shall not be permitted to be enclosed. -.~'~ official determination will be filed with the Town Clerk in the near future and simultaneously forwarded to you for your records. If you have any questions, please do not hesitate to call. CG:lk Yours very tr,u. ly, CHARLES GRIGO~IS,~ .' CHAIRMAN Today' ~ Date[ Thursda September Members Abse,~t, if an),: none 3, 1981 Ik ppeal No. 2857 ~genda Item/)latter of: D. JO.A, NNIDES %)qbe of Variance or Appeal: Area variance/Deck addition'----%--~z wf%n mnsu~zicient ~esolution made by: ~eco n ded by: ~ction: ( ( ( ( ( fron---~-~ar~etb~cK. ' ---- oCharles ~,eroe Robert ~ G~rard Ose . rlgonls ]3o~n DougPiss ~oenrlnger . ~awl~l ( ) ( ) ( ) ( ~---" ( ) ) Approve as apl)lied for ) Deny as applied for ) Den}, ) Deny without prejudice' ) Withdrawn without Prejudice ) ( ~'~pprove with the following conditions: ( ) _Subject to County Plannin9 referral ( ) .Subject'to Plannin9 Board approval ( !)_.Subject to D.E.C. req.ulations ( Other: Steps protrude into frontyard seven feet. ~,ndings of the Board are as follows: ) Not Within the Character of the Neighborhood Other: ) Variance is Substantial in Relation to Code If so~ ) Hardship not sufficient ) Hardship or Difficult}- Not Unique ) Will set a precedent in the neighborhood ) Area is already very congested ) Interests of justice, served by denying ) ( ( ~]0te of t.h.e Bo-ard:' Ayes: '. ~ay: ( ) ( ) () () ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ( ) ( ) ~0tes: Granting the Relief Requested is wil~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 COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHN~AN, a public newspoper 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/~..~~'~ ............. 19....~..}n .~metrtos and Joanne Joan~ ~to the Zoning Ordinance! Art~ HI, Sec. 100-31 f~- l>ermi**ion dweilin~ with an insufflei~.¥ ~ tyard Setbecl~ at bo ~ent~8-~ ~e a/k/a 3905 Breakwate¥ ~r~ I~y Plman, west I~y- ,~_% e, east by Lumers Koa~ Harry p. Fagan, Jr. and wife, ' 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. HI, Sec. 100-31 f~r permission to construct addition with ~n setback by Vailely, south by Lindsay, east by Rdssell; Count~ Tax Map Item No. 1000-113-7-4.1. 9:15 p.m. Application of Sonny BrOwn. Box 473, Madi- son Avenue, Greenpert, 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 #?o~d. (.S.R. ~), O~enpert; ~ oounaeo north by Village of v Gceenport, west by Wardow. ski, south.l~v Main Road, east by Ruticoskii County Tax Map Item No. 1000-4$.3.part of 2. 9:30 p.m. 'Application of i Anthony G. and Helen M. ' Nowachek, P.O. Box 355, Pequash Avenue, Cutchogue, NY for a'Variance to the Zoning Ordinance: (a) to to 5efore me thin ............... .~. ............... day of CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York No. 52-9321725 Mattituck. NY; bounded north by Allsopl~, west by Ole JUle Lane, south by Ole Jule Lane, east by Battershy; County Tax Map Item No. 1000-122-5- 18. ~ation of '27onin~ I~rdinn.~.e Art 1~ ~n 4~ Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art III, construct addition with an insufficient rearyard setback at 4~ Bet~ Street, Cutchogue, NY; bounded north by Dunn, west by Bet~ Street, south by Williams, east by Weiss; County Tax Map Item No. 7:50 p.m. Application of Park, NY 11762, for a Variance for Approval of Acc~s, New York Town Law Sec. ~a. L~ation of Pro~rty: ~ Oak- wo~ Drive, (a/k/a ~5 Lake Side Drive NorthL Southold, NY; bounded north by W~ Dr~ve, west by Clear View R~d, south by Lakeside Drive, east by Haskins; Coun- ty Tax Map Item No. 1~-~- 4-3, (further known as Cedar Beach Park Map No. ~, Subd. Lot No. 67). 7:55 p.m. Application of Drive, Southo]d, NY for a Varmnce to the Zoamg Ordin- ance, Art III, Sec. 1~31 for permission to construct deck/ addRma to dweding known as 620 Lake Drive, Southo~d, NY; bounded north, west, south by Dechiaro, east by Lake Drive; County Tax Map Item No. 8:05 p.~. Application of Jon C. Kerbs, 510 Math Street, Greenper[, NY for a Variance to the Zoning Ordinance, Art. HI, Sec. 1~-31 for approval of insufficient area and width of Original in parcels in a proposed sub division, and for permission to ~'elocate building with insuffic- ient yard setbacks, with yard determination on proposed et adjqining St Iwater Avenue. Location of Property: Pe- quash Avenue, Cutchogue, NY; bounded north and west by Fleet, 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- ~ue, Mattituck, NY for a Var- ~ance to the Zoning Ordinance, Art. III, Sec. 100-31 and 100-36 for permission to construct carport/addition with insuffic- ient sideyard and rearyard 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. Ill, 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. 1000-119q-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 addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Belts Street, Cutchogue; bounded north by Hansen, west by Belts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5-11 & 12. 9:05 pm. 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 Avenue, west by Vallely, south by Lindsay, ZBA file 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, Greenpert, NY for a Variance to the Zoning Ordinance, Art. XI, Sec. 100- l18D for permission to use existing building as an auto- mobile repair shop (and/or ... being duly Sworn, reestablish preexisting use to permit use as an automobile isher of the SUFFOLK repair shop), at 73225 Main Road (S.R. 25), Greenport; .ad, ~xt Greenport. in said bounded north by Village of Greenpert, west by Wardow- he annexed is a printed ski, south by Main Road, east byRutkoski; CountyTax Map Suffolk Weekb/ Times Item No. 1000-45-3-part of 2. 9:30 p.m. Application of Anthony G. and Helen M. i~'t~- ............ weeks Nowachek, P.O. Box 355, Pc- quash Avenue, Cutchogue, NY ...................... for a Variance to the Zoning _ Ordinance: (a) to construct deck/addition to dwelling with ~ an insufficient frontyard set- ...................... back pursuant to Article III, Section 100-31; ~r (b) determ- ining this improvement not to j be an addition to the existing .~..~? structure under the ordin-~ antes. Location of Property: ......... Corner of Pequash Avenue ....................... and Fleetwood Road, Cut- chogue; bounded north by Fleetwood Road, west by Pc- ~ quash Avenue, south by Gold- [. ,, ?~,~ ,~ ~i,. ,,~ smith, east by Schroder Ray- ]~ No. 539, Section I, Lots No. 45 :~m~! and northerly half of 44; Coun- ty Tax Map Item No. 1000-110- 4-1. Dated: August 21, 1981. BY ORDER OF ~ificant THE SOUTHOLD TOWN , , BOARD OF APPEALS :eason ~sl : CHARLES GRIGONIS, JR.. CHAIRMAN has been 1TA27-3755 ....... ~ffects ~ject be implemented as not appear to be located within be considered a determination ency which may also be involved, ed by the subject appeal appli- Y ORDER OF THE SOUTHOLD TOWN OARD OF APPEALS JUDITH T. TERRY · TO~ CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 July 31, 1981 To: The Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2857, application of Demetrios and Joanne Joannides for a variance. Also included is Notice to Adjacent Property Owners, Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use, Notice of Disapproval from the Building Department, and survey of the property. r) StlO,,T EHV]RONMEH[;, ,SSE$St,IENT f~ORI/ II~4STRUC~IOH~: (o) ~hot the preparer project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be signi£icant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No ii is likely that this project is no_~t significant. ' -.. (d) Environmen%al Assessment ' ' 1. Will project result in a large physical change fo the project site or physically alter more than 10 acres of land? .................... 2. %'1ill there be a major change to any uniqu -unusual land form found on the site? .......... Yes. ~ NO 3. %'Iill project alter or have a large' effect on . existing body of water? ............ Yes~ on groundwater quality? ....................... . Yes 5. %'till project significantly effect drainage flow on adjacent sites? ...................... .. ~Yes 6. ~'lill project o[{ect any threatened or endangered plant or ?nimol ~pecies? .......... . Yes, ~No 7. %'~ill project result xn o mooor adverse effect quality? " Yes ~No on air .............................. 8. %'till project have o major e~fect on visual character of the community or scenic views or vistas known to:be important lo the community? 'Yes..~No 9. %'~ill project adversely ~mpoct any site or structure of historic, prehistoric or paleontological imporfonce or any site desionoted as a critical envlronmentol area by a local agency? -- - .. Yes X ~o 10. %fill project have u major effect on existihg or future recreational opportunities?. ......... Yes. ~No 11. %?ill project result in.major traffic problems o~ cause o major et%ecl to ex.isling systems? Yes transportation ....................... 12. ~'lill project ?egulorly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's · lion? ' Yes ~ No 13. ~'~ill project hove any impact on public heollh or.safely? .......... - - . Yes ~ No directly couuin9 o growth in permanent population of more than ~ percegt over a one year period or hove o major negative effect on the chora~'~'er of the community or neighborhood? ................................. 1S. Is there public controversy concerning the project? ...................................... ., order to answer the questions in this short EAF it is assumed will use currently available information concerning ._ Yes ~ No Yes ~No PREPARER'S SIGNMURE REPRESENTING (Toda¢' s Date) To: Southold Town Board of Appeals Re: 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: (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, ( Sienna tur e p~se) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL DATE .Y:/J~..A ............. / , TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Y. Nome of Appellant Street and Numar Municip~li~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .......... ................... Name of Applicant for permit ....... .......... ............ ............... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY '1. LOCATION OF THE PROPERTY ........... ~.~. ....... ~..'Lr~l....,~..~C~.~...~.. ......................................... Street Use District on Zoning Mop .................. .t.0...(-, ................................. ............. 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.nonce.) 3. TYPE OF APPEAL Appeal is mode herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~).(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued sory 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 alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE D~STRICT because Sworn to this ..............................................day of...~. _~/)'7 19 ~r/ ~~y Public ~ NOtary Public, State of ~lew ¥orl( NO, 52-0344963 Suffolk Count~.~ ~mml~lon ~xpires March $00 19~'~ TOWN OF $OUTHOLD, NL~/ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nam~,,/of Appell~'nt Street and Number ..... .~.d~.'.,..~.~ ......... L,..I .............................................. ~...~..: ............. HEREBY APPEA' TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .... .~..~.....~.~...~.~ ............................ Name of Applicant for permit of ..... ~..0. ...... ~.~.~....~.~.~ ......... .~k.;..~.~ ........ ~:.Z .................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street Use District on Zoning Map ............ LO...~ ...................................... .J)...~ .............. 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.) 3. TYPE OF APPEAL Appeal is mode herewith for ( J,~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~) (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 end was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that Form ZB! (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 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 0//'~.~) ss ................................ COUNTY ) Sworn to this .............................................. day of....~ ....... ../ .............................. 19 J/ Notary Public JUDITH T. TERRY Notary Public, Sta~e of New York No. 52-0344963 Suffolk County~f~ ~emmir,~on Exl~ires March BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold NOTICE 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) (~p~ ~::~.:D.~.~ ~:~-'_:~ ,~,,,~i; {ilm ~u::~.-:..a. 2. That the prop~y which ~ ~e ~b~t of~e ~i~is I~d adjacent to your property and is des- cribed~follows: ~o~ b~ ~n~ . ~n~ ~,~ L.,~'~ ~,~ 3, That the prope~y ~i~ i~ ~ ~b~t ~ ~h P~ i~ I~i~ in th~ following zoning district: 4. That by such P~tition, t~ u~ ~ll r~t th~ following 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: R~½ ~ to 0 - ~1 . 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. 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: /~,,~ ~S? !~ ~/ Petitio~r .... Post Office Address 5O %8 ?..I 26.9A(c) R/W-(20') 2.2 / / 4 SEE SEC. NO 099 199 A(c) 8 84A(c) 32.8 A~c) SEC ~ 0 ~,~99 VI_ATCH ~. LINE MATCH-~LINE PARCEL ~0 SEE SEC N0.099_04.0234.1A RD. MATCH -;' LINE OF I0o $outhold Town Board of Appeals Main Rd. Southold, NY 11971 Gentlemem: Please be advised that the following matter is listed -.-~ ~by the office that I am connected: gPg /Gerard P. Goehri~r Member of Southo~d ZBA b