Loading...
HomeMy WebLinkAbout2809MAR~A/~.~MA~,,i%~Oi~N-N ~G K ~.:~.E- .- ~28~-~ 395 Tuthii1 Rd_., Southold 4/23/8I A-construct pool in sideyard area. TOWN OF SO~THOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2809 by application Dated March 29, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Mary Ann Grefe 395 Tuthill Road Southold, NY 11971 Appellant at a meeting of the Zoning Board of Appeals on At)ril 23, 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 ( ~0 Request for a variance to the Zoning Ordinance Art. III, Sec. 100-32 ( ) the appeal 1. ~.~F,~t;~/!~l~N/l~X~/~li.~if,~.~:~¥a~:it was d~ermined that a spedal exception ( ) be graded ( ) be denied pursuant to Article .................... SectEn .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision of the Building I~pee~r ( ) be reversed ( ) be co~medbeca~e Public Hearing: 4/23/81: Application of Mary Ann Mastroianni Grefe, 395 Tuthill Road, Southold, NY for a - Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for per- mission to construct swimmingpool in sideyard area at 395 Tuthill Road, Southold; bounded north by Sauthoff; west by Tuthill Road; south by DiLalla; east by Tuthill; Yennecott Park Subdivision Map No. 5187, Subd. Lot #25; County Tax Map Item No. 1000-55-4-3. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that ~ (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the d~trict because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG:lk 6/4/81 ZONING BOARD OF APPEALS FORM ZB4 The Board finds and determines as follows: By this appeal, appellant seeks permission to construct an 18' by 36' swimmingpool with a minimum sideyard setback of 25' and rearyard setback at its closest point of 8' Existing on the premises is a large one-story frame house with circular driveway. The lot in question is heavily wooded. The Board finds that the relief requested is not substantial in relation to the Code requirements; that the relief requested is within the spirit of the zoning ordinance; that the variance i~ granted will not change the character of the neighborhoood; that no adverse effects will be produced on available governmental facilities of any increased population; that the hardship or practical difficulty is unique; and that the interests of justice will be served by granting the relief requested as noted below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Mary Ann Mastroianni Grefe be granted permission to construct swimmingpool with an insufficient rearyard setback as applied for of not less than eight feet at its closest point with property lines, at premises known as 395 Tuthill Road, Southold, New York; County Tax Map Item No. 1000-55-4-3. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. APPROVED ?,, I~hairman Boa{d Oi LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, April 23, 1981: 7:30 p.m. Application of Thomas Collins, 26 Trainer Court, Huntington, NY 11743 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(A) (1) for permission to construct accessory (storage) building on vacant land as principal use at 275 Dawn Drive, Greenport, NY; bounded north by Martens, west by Dawn Drive, south by Wallin, east by Dawn Lagoon; County Tax Map Item No. 1000-35-5-20. 7:40 p.m. Application of Southold Grange, Inc. and others, Beckwith Avenue, Southold, NY (by Rudolph Bruer, Esq.) for a Special Exception to the Zoning Ordinance, Art. VII, Sec. 100-70(B) (1) (a) for a Certificate of Occupancy of building for church use in a B-1 Zone at 475 Beckwith Avenue, Southold, NY; bounded north by Traveler Street and L.I.R~R..; west by Southold Equities south by Mall§faf; east by Beckwith Avenue and TraVeler Street; County'Tax Map Item No. 1000-61-1-25. Z-: 50 p.m. Application of Wilhelm ~ranken, 75 Carroll Street, Brooklyn~ NY 11231 for a Variance to the Zoning Ordinance, Art. III. Sec. 100-32 'for permission to build garage in the frontyard area at 830 Tarpon Drive~ Greenport~ NY; bounded north by Starkie~ west by Reese~ south by Weismann, east by Southold Shores Assn.: County Tax Map Item No. 1000-57-1-8 and 9.  7:55 p.m. Application of Mary Ann Mastroianni Grefe, 395 Tuthill Road, Southold~ NY for a Variance to the Zonin9 Ordinance, Art. III~ Sec. 100-32 for per- mission to construct swimmingpool in sideyard area at 395 Tuthill Road~ Southold~ bounded north by Sauthoff~ west by Tuthill Road, south by DiLal]a, east by Tuthill; Yennecott Park Subdivision Map No. 5187, Subd. Lot No 25; County Tax lViap Item No. 1000-55-4-3. 8:05 p.m. Application of Agnes Dunn ~ 276 Concord Drive~ Hereford, PA 18056~ for a Variance to the Zonin9 Ordinance~ Art. III~ Sec. 100-31 for approval of insufficient area of two parcels and insufficient road frontage of one parce 1 ~ located at the easterly side of Queen Street, Greenport~ NY: bounded north by C.R. 48 ~ west by Queen St. ~ south by Malinauskas ~ east by Conklin; County Tax Map Item No. 1000-40-3-9.1 and 9.2. -e3 Page 2 Legal Notice of Hearings Board of Appeals Meeting - April 23, 198l 8: 15 p.m. Application of Sarah Rauch, 480 Inlet Lane, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to relocate existing dwelling with insufficient frontyard setbacks. Location of property: 68175 C.R. 48 (and McCann Lane) ~ Greenpor~4 bounded north by Casa, west by Burt~ south by C.R. 48~ east by McCann lane: County Tax Map Item No. 1000-33-3-38 and 39. 8: 20 p.m. Application of Cybil Kooper ~ South Drive, Mattituck, NY by Arthur Siemerling~ for a Variance to the Zonin9 Ordinance, Art. III, Sec. 100-32 for permission to construct swimmingpool in the front and/or side yard areas at "Canoe Path ~" private road located at the end of South Drive, Mattituck, NY; bounded north by Skinner ~ west by Canoe Path, south by Mattituck Creek, east by Northridge; County Tax Map Item No. 1000-106-11-23. (Wil~i~2m5I-I.Frlce~a' r~.. Appljcati~njr., msq.)°£ North Fork Motel ~ Inc., 52325 C. R. 48 ~ Southold, NY~for a Variance to the Zoning Ordinance~ Art. I, Sec. 100-13B, Art. VI, Sec. 100-60B(1) (b) ~ Art. XIV, Sec. 100-144F for: (a) permission to change use of premises and (b) permission to establish single-living unit within multi-dwellin9 (motel) at premises known as 52325 C.R. 48 (NorthRoad)~ South)id, NY; bounded north by Soundview Ave. ;west by Main, Kemper, Zech and Larson; sDuth b~ C.R. 48 (North Road); east by Soundview Ave. and C.R. 48; more particularly known-as County Tax Map Item No. 1000-135-2-23. 9: 00 p. m. Application of Roy C. Schoenhaar ~ 315 Wyckoff Avenue, Brooklyn, NY (by Gary Flanner Olsen, Esq.) for a Variance to the Zonin9 Ordinance, Art. III, Sec. 100-31 and Art. VII, Sec. 100-?] for approval of insufficient area and width of two parcels in a three-lot proposed subdivision, and approval of access pursuant to New York Town Law Section 280-a. Location of property: South Side of Main Road (S.R. 25)~ Mattituck, NY; bounded north by S.R. 25, wes~ by Matt Agency;~ Jarzombek ~ Roth and others; south by Mellender; east by Pumillo, Hallock ~ Steinhart~ Jackson~ Bilianos; County Tax Map Item No. 1000-143-2-33.2. Dated: April 2~ 1981. BY ORDER OF THE SOUTHOLD TOhFN BOARD OF APPEALS CHARLES GRIGONIS ~ JR. , CHAIRMAN Page 3 Legal Notice of Hearings Board of Appeals Meeting - April 23~ 1981 Copies delivered Monday~ April 13~ 1981 to: Suffolk Times ~ Inc. L.I. Traveler Town Clerk Bulletin Board Supervisor Town Board Town Attorney Mr. Thomas Collins Rudolph Bruer ~ Esq. for Southold Grange~ Inc. Mr. '~dilhelm Franken Ms. Mary Ann Mastroianni Grefe Ms. Agnes Dunn Ms. Sarah Rauch Ms. Cybil Kooper Mr. Arthur Siemerling for Ms. Kooper ~dilliam H. Price~ Jr. ~ Esq. for North Fork Motel~ Inc. Gary Flanner Olsen~ Esq. for Roy C. Schoenhaar FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ,t~/~ 27, 19 ~ / File No ................................ To .. ~.~.'?. 7 .... ~.~. ~ .... ~.?.~ 9. t.~ ~4~1 PLEASE TAKE NOTICE that your application dated ............... ~/~.. ~, for pe~it to construct... ~6q(~.~ U~ ~... ~qq~...~O~&'~..t.q..~.~?~-.. ~... at Location of Property ~Q)5 ~7~4/c& Com~Zax U~p ~o. ~000 Smio~ .... &~.5'. .... ~1o~ ...... ~ ...... ~ ..~.~ ..... Subd~ws]on ................. ~Bed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g ~ounas~?~( Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN~0F SOUTHOLD, N. Y. 6'e ...... ............. ,EREBY ^PP L 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 ....... ........ Street and Number Municipality State ( ] PERMIT TO USE ( ] PERM!T FOR OCCUPANCY 1. LOCATION OF THE PROPERTY~..~/T/../~.~....,~..,.~.:....~.'.~,',/~...~...~r:?. ........ ~.....~..~../~/...'~..... Street Use District on Zoning Map Map No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3 TYPE OF APPEAL Appeal is made herewith for ( v{ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to Pack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PR-EVtOUS APPEAL A previous appeal (has)?as not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason tha~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~L~, ~ u / ~ ~ ~ ~ uJ / r~ r~. / ~/ ~. ~ ~ ~ /~V 714 ~ ~ ~ ~ /A 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 Af~/~LV~'/~,/~ ?,~P~RT-/'~~ ///~F~, ~s'Y f~:~ ~ '~/~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF (~ / (Signature / Sworn to this .................. ..~...Z~ ........... day of ............ ~..~ ......... 19o°~ ELIZAB~H ANN N£¥IL~E NOTARY PUBLIC, State of New York No, 52-8]25850, Suffolk County Today' s Date: Members Absent, if any: Appeal No. ~ Agenda Item/Matter of: Type of Variance or Appeal: er e ~o~n ~Robert .. G~rard ~[oseDh. 13OUglass ~oenrlnger DawlcK1 ( ) ( ) (W~ ( ) ( ) ( ) ( ) ( ) ( ) Approve with the following conditions: ) ~ubject to County Planning referral ).,Subject to Planning Board approval ).,SubiecttoD.E.C. requlations ( ) Other: GCrharles l§onls Resolution made by: ( ) Seconded by: ( f Action: ( [/~Approve as applied for ( ) Deny as applied for (.) Deny ( ) Oeny without prejudice ( ) Withdrawn without Prejudice ( ) Findings of the Board are as follows: Not %~ithin 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 , / · Other: (~'Granting the Relief Requested is within VoteoftheBoard: Ayes: ()~/CG (/SD (~//RD ~fZGG (<JS Nay: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) .( ) ( ) ( ) ( ) Notes: spirit of the zoning code ([~)~elief is not substantial (~Burden of hardship or difficulty shown . ...and is unique ~/~cz,c~-)z z.~e-r/-~ ~z~- (~' Variance will not change character of the neighborhood . (~'~J~nterests of Justice served by granting (.) 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 \lo Sworn to before me this ..... ..~.....~.. ................. day of Map I1~11'1~.'1000'57';t~8 lad' 276 Comxx~ CtJE M EF~trT d. '; HO~PSON NOTARY PUSLIC, State of New Yor~ ~, 52-~321725 :xeudmg in Suff01k [busily ~ ~- · .n~ Fork Motel, Ine., 52325 C.I~. 48, Southold, N.Y. (Wil- 'LEGAL NOTICE liam H. Price, Jr., Esq.) for a OFHEARINGS Variance to the Zoning Ordi- NOTICE IS HEREBY nanee, Art. I, Sec. 100-13B, GIVEN, pursuant to Section Art. VI, Sec. 100-60B(l)(b), 267 of the Town Law and the Art. XIV, Sec. 100-144F for: Provisions of the Amended. (a) permission to change use Code of the Town of Southold, of premises and (b) permis- SUFFOLK, the following matters will be sion to establish single-living JEW YORK, ~ SS: held forpublic hearings by the unit within multi-dwelling J SeutholdTown Beard of Ap- (motel) at premises known as peals at the Southold Town 52325 C.R. 48 (North Rood), ~d H. Walker being duly Sworn, Hall, Main Read, Southold, Southold, N.y.; bouadednorth ........................... N.Y., on Thursday, April 23, by Souadview Ave.; west by ,'lc is Printer and Publisher of the SUFFOLK 19~1: Main, Kemper, Zech and Lar- ' .... 7:30 p.m. Application of son; south by C.R. 48 (North Thomas Collins, 26 Trainer Read); east by Soundview ~ESo" newspaper published ~ (Ireenport, in said Court, Huntington, N.Y. 11743 Ave. and C.R. 48; more par- for a Variance to the Zoning ticularly known as County Tax thor the notice, of which the annexed is a printed Ordinance, Art. III, Sec. 100- Map Item No. 1000-135-2-23. 30(A)(1) for permission to 9:00p.m. Applicatiea of Roy Pen published in the said Suffolk Weekly Times construct accessory (storage) c. Sehoenham,, 315 Wyckoff building on vacant land as Avenue, Brooklyn, N.Y. (by t w~k, ~[0~' . . . .O.1~...~ .................... weeks principal use at 275 Dawn Gary FlannerOisen, Esq.) for Drive, Gresnport, N.Y.; a Variance to the Zonng commencing on the .... ~.6.1;~1 ................. bounded north by Martens, Ordinance, Art. III, Sec. 100-31 west by Dawn Drive, southby and Art. VII, Sec. 100-71 for .~.p?.J~l.. ,~ 19 Wallin, east by Dawn Lagoon; approval of insufficient area ~/'~ ~.~ County Tax Map Item No. and width of two parcels in a .......................................... 1000-35-5-20. three-lot proposed subdivi- 7:40 p.m. Application of sion, and approval of access efore me this .. Seathold Grange, Inc. and pursuant to New York Town )~il others, Beckwith Avenue, Law Section 280.a. Location of ............... 19. ~.'1.. ! Southoid, N.Y. (by Rudolph property: South Side of Main Bruer, Esq.) for a Special Road (S.R. 25), Mattituck, ~.. Exception to the Zoning Ordi- N.Y.; bounded north by S.R. ' ............................... nance, Art. VII, Sec. 100- 25, west by Matt Agency; ........................................ 70(B)(1)(a) for a Certificate Jarzombek, Roth and others; of Occupancy of building for south by Mellender; east by church use in a B-l Zone at 475 Pumillo, Halleck, Steinhart, Beckwith Avenue, Southold, Jackson, Bilianos; CountyTax NO~4~y POBLtC, State of New York N.Y.; bounded north by Trav- Map Item No. 1000-143-2-33.2. ' No. 4707878. Suffol~ County eler Street and L.LR.R.; west Dated: April 2, 1981. by Southold Equities, south by BY ORDER OF lorl, £×plres March 30. 19~_~ Mallgraf; east by Beckwith THE SOUTHOLDTOWN Avenue and Traveler Street; BOARD OF APPEALS County Tax Map Item No. CHARLES GRIGONIS, JR., 1000-61-1-25. CHAIRMAN 7:50 p.m. Application of 3670-1TA16 Wilhelm~Franken 75 Carroll- ~, BrOOklyn, N.Y. 11231 for a Variance to the Zoning Ordinance Art. III, Sec. 100-32 .for permission to build garage :n the freatyard area at 830 Tarpon Drive, Greenport, ~.Y.; bounded north by Stark- ~e, west by Reese, south by Weismaun, east by Southold Shores Assn.; County Tax Map Item No. 1000-57-1-8 and 9. _ 7:55 o.m. Application of Mary Ann Mastroianni Grefe N.Y. for to 8:05 p.m. Application of Agnes Dunn, 276 Concord Drive, Hereford, Pa. 18056, for a Variance to the Zoning Ordinance, Afl. III, Sec. 100-31 for approval of insufficient area of two parcels and insuf- ficient rood fronlage of one parcel, located at the easterly side of Queen Street, Green- port, N.Y.; bounded north by C.R. 48, west by Queen St., south by 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, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, April 23, 1981: 7:30 p.m. Application of Thomas Collins, 26 Trainer Court, Huntington, NY 11743 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(A) (1) for permission to construct accessory (storage) building on vacant land as principal use at 275 Dawn Drive, Greenport, NY; bounded north by Martens, west by Dawn Drive, south by Wallin, east by Dawn Lagoon; County Tax Map Item No. 1000-35-5-20. 7:40 p.m. Application of Southold Grange, Inc. and others, Beckwith Avenue, Southold, NY (by Rudolph Bruer, Esq.) for a Special Exception to the Zoning Ordinance, Art. VII, Sec. 100-70(B) (1) (a) for a Certificate of Occupancy of building for church use in a B-1 Zone at 475 Beckwith Avenue, Southold, NY; bounded north by Traveler Street and L.I.R;R,; west by Southold Equitie~ south by Mallgraf; east by Beckwith Avenue and TraVeler Street; County Tax Map Item No. 1000-61-1-25. 7.:50 p.m. Application of Wiihelm ~ranken, 75 Carroll Street~ Brooklyn~ NY 11231 for a Variance to the Zoning Ordinance~ Art. III, Sec. 100-32 for permission to build garage in the frontyard area at 830 Tarpon Drive1 Greenport: NY; bounded north by Starkie, west by Reese~ south by Weismann~ east by Southold Shores Assn.; County Tax Map Item No. 1000-57-1-8 and 9. 7:55 p.m. Application of Mary Ann Mastroianni Grefe, 395 Tuthill Road, Southold, NY for a Variance to the Zonin9 Ordinance: Art. III, Sec. 100-32 for per- mission to construct swimmingpool in sideyard area at 395 Tuthill Road~ Southold; bounded north by Sauthoff, west by Tuthill Road: south by DiLalla~ east by Tuthill; Yennecott Park Subdivision Map No. 5187, Subd. Lot No 25; County Tax Map Item No. 1000-55-4-3. 8:05 p.m. Application of Agnes Dunn , 276 Concord Drive, Hereford, PA 18056, for a Variance to the Zoning Ordinance~ Art. III~ Sec. 100-31 for appro%al of insufficient area of two parcels and insufficient road frontage of one parce 1, located at the easterly side of Queen Street~ Greenport ~ NY ;.bounded north by C.R. 48~ west by Queen St. ~ south by Malinauskas~ east by Conklin; County Tax Map Item No. 1000-40-3-9.1 and 9.2. Page 2 Legal Notice of Hearings Board of Appeals Meetin§ - April 23, 1981 8:15 p.m. Application of Sarah Rauch, 480 Inlet Lane, Greenport, NY for a Variance to the Zonin§ Ordinance~ Art. III, Sec. 100-31 for permission to relocate existin9 dwellin9 with insufficient frontyard setbacks. Location of property: 68175 C.R. 48 (and McCann Lane), Greenport; bounded north by Casa, west by Burr, south by C.R. 48, east by McCann bane; County Tax Map Item No. 1000-33-3-38 and 39. 8: 20 p.m. Application of Cybil Kooper, South Drive, Mattituck, NY by Arthur Siemerling, for a Variance to the Zonin9 Ordinance, Art. III, Sec. 100-32 for permission to construct swimmingpool in the front and/or side yard areas at "Canoe Path ~" private road located at the end of South Drive, Mattituck~ NY; bounded north by Skinner, west by Canoe Path, south by Mattituck Creek, east by Northrid§e; County Tax Map Item No. 1000-106-11-23. (Wil~i~2m5 l~.ro... Al~pljcati~n o£North Fork Motel? Inc., 52325 C. R. 48, Southold, rl.Frlc~ dr,~ msq.) NY~for a Variance to the Zonin9 Ordinance, Art. I, Sec. 100-13B, Art. VI~ Sec. 100-60B(1) (b), Art. XIV, Sec. 100-144F for: (a) permission to change use of premises and (b) permission to establish single-liirin9 unit within multi-dwellin9 (motel) at premises known as 52325 C.R. 48 (North Road), South~ld, NY; bounded north by Soundview Ave. ;west by Main, Kemper~ Zech and Larson; south by C.R. 48 (North Road); east by Soundview Ave. and C.R. 48; more particularly known-as County Tax Map Item No. 1000-135-2-23. 9: 00 p. m. Application of Roy C. Schoenhaar, 315 lgyckoff Avenue, Brooklyn, NY (by Gary Flanner Olsen~ Esq.) for a Variance to the Zonin9 Ordinance, Art. III, Sec. 100-31 and Art. VII, Sec. 100-71 for approval of insufficient area and width of two parcels in a three-lot proposed subdivision, and approval of access pursuant to New York'Town Law Section 280-a. Location of property: South Side of Main Road (S.R.35), Mattituck, NY; bounded north by S.R. 25, west by Matt Agency, Jarzombek~ Roth and others; south by Mellender[ east by Pumillo, Hallock~ Steinhart, Jackson, Bilianos; County Tax Map Item No. 1000-143-2-33.2. Dated: April 2~ 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ' CHARLES GRIGONIS, JR. , CHAIRMAN Page 3 Legal Notice of Hearings Board of Appeals Meeting - April 23~ 198t Copies delivered Monday~ April 13 ~ 1981 to: Suffolk Times ~ Inc. L. I. Traveler Town Clerk Bulletin Board Supervisor Town Board Town Attorney Mr. Thomas Collins Rudolph Bruer~ Esq. for Southold Grange~ Inc. Mr. Wilhelm Franken Ms. Mary Ann Mastroianni Orefe Ms. Agnes Dunn Ms. Sarah Rauch Ms. Cybil Kooper Mr. Arthur Siemerling for Ms. Kooper William H. Price~ Jr. ~ Esq. for North Fork NIotel~ Inc. Gary Flanner Olsen~ Esq. for Roy C. Schoenhaar Southo!d Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T~.RRY .......... ROBERT J. DOUGLASS GERARD P. GOEHRINGER N .X .. S · Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2809. Location of Property in Question: 395 Tuthill Road, County Tax Map Item No. 1000- 5~-4-3. ~ Project Proposed by Appeal Application: Application of: Mary Ann Mastroianni Grefe. Southold, NY. Swimmingpool in sideyard. 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,in question ~] is not located within 300 feet of tidal wetlands; [ ] may be located within 300 feet of tidal wetlands but separating the property from the wetland area is a road or other type of barrier labeling this matter outside the jurisdiction of the N.Y.S. Department of Environmental Con- servation and therefore correspondence was not solicited. 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 applica- tion. Dated: April 2, 1981. By Order of the Southold Town Copies to: Applicant/Agent Board of Appeals Town Clerk Bulletin Board L~-~Ppeal File K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 March 31, 1981 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2809 application of Mary Ann Mastroianni Grefe for a variance. Also included are notification to adjoining property owners, short environmental assessment form, and wetland questionnaire, and notice of disapproval from the building inspector. JTT/bn Enclosures Judith T. ~ry Town Clerk .SHORT EJ~IRONK{ENTAL ASSESSt4ENT FORI4 N T. CTIONS: (a) I:f order to answer the questions in this short EAF it is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that. additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have bean answered No it is likely that this project is (d) not significant. Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more land? than 10 acres of ........................ . 2. %';iii there be a major change to any unique or -unusuaI land form found on the site? .......... 3. ~?ill project alter or have a large' effect on existing body of water? ....................... .. 4. %'1ill project have a potentially large impact . on groundwater quality? ....................... , 5. ¥till project significantly effect drainage flow on adjacent sites? ........................ 6. %~ill project affect any threatened or endangered plant or animal species? ........... 7. Will project result in o major adverse effect on air quality? .............. ' ................. 8. Will project hove o major effect on visual character of the community or scenic views or vistas known lathe important to the community? %Vill project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? ............... %~ill project hove o major effect on ex~sting or future recreational opportunities? ......... %?ill project result in .major traffic problems o~ cause a major effect to existing transportation systems? ....................... %Vitl project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a resull of the project's operation? ' %Vill project have any impact on public health or.safety? .................................... %Vill project affect the existing community by directly causing o grovlth in permanent population of more than 5 percept over o one year period or hove o major negative effect on the character of the community or 10. 11. 12. 13. 14. 15. Yes, / No Yes./.NO .Y.es /No Yes Yes /No Yes. ~No Yes, ~_No Yes, /No Yes, ./No Yes ina Yes, ~/, ,No' Yes /No Yes / No neighborhood? ................................. Is there public controversy concerning the Yes'/"o project? ...................................... l, REPRESENTING ( ~' ' DATE_ (~oday ' s Date9 To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~//~_4~./~.Tt/K~/~-~/3-1'z~_/;/./)t'~. Loc~ation of P~ope.rty: ~'~,,~TY 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, (Sig~kure ~le~se) ' 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 Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cr,bed as follows: _~5 /~'~-//~.C- ~-~;~,~ ~.~d~'~>~-/O~_t~'h 3. That the prooerty which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That/~he provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ~/,~b ~/c/ /~ /~')-- ~,~-,~ 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 may 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. , I~etitic/ner ( / / Post gffice Address PROOF OF MAILING OF NOTICE NAME Z)o Jm-z I I~.1 .L'IflSN03 ADDRESS ! STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: , being duly s~rn~'~'a~ ~ys that ~on tH~ ~ ~ day of ~ ,19 ~/ , deponent mailed a t~oP~ Oft~ ~tice ~t forth on the re- ver~ side hereof, directed to each of the above-named pe~ons at the add~ ~op~ite thor r~pective name; that the addresses set opposite the names of ~id pe~ons a~ ~e ad~f ~id ~ons as shown on the current ass~sment roll of the Town of Southold; that ~id Notic~ w~e ma~ at ~e United Stat~ Post ~- rice at ~0~0~ ; that ~id Notic~ w~e ~1~ to each of ~id persons by (certified) (registered) mail. Sworn to before me this ~. ~/L5'7 day of ./1~,~. rc ~_ ,19 ~ · ELI~H ANN NEVILLE N~ARY PUBLIC, ~ate of New Y~k No. ~-812~, Suffolk C~ T~ E~ires March 30, TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR D^T TO THE ZONING BOARD OF APPEALS, TOW~ OF SOUTHOLD, N~. Name of Appellant Street and Numar ......... ~4L'~Z~A.~ .............................................................. ~..~ ............... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT "O ..................................... DATED ..~.....~....~....-.~../. ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit o, ........ .......... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY-~,~. --~r ..' ,--). (~ _~ __ ~ ~->~..x~`~..~./`~.~7`~`/A~/~E:~`~`?``~`~(~`~`~`/r?y~`~`~z~`~`~.~' Street Use District on 7oning Map ............ Map No. Lot No, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 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 a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (v') ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~'orm ~! (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 COUNTY OF ' Sworn to this ............... ~.~..,~.. ............ day of .............. ~..~ ........ ELIZABETI~ ANN NEVIllE NOTARY PUBLIC, State of Hew Yolk No, 52-8125850, Suffolk Term Expires March 30, 191~¢:~~ // /~ SEF SEC WO ~ATC~ _~_ _L~N~ 4.3 A (c) 10.2 A(C) 4 1.8 A (c) 5 ~' 1.0 A (¢) 6 ~6.3 ,, (¢) 9 8 IDA(c) (3) Ig. 3,5 t4 / 14 6A (C)