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HomeMy WebLinkAbout2860 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2860 by application Dated August 4, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. James Genovese 620 Lake Drive Southold, NY 11971 DATE.11./.12.~.81 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 Ar t. I I I, Sec. 100- 31 ( ) the appeal 1. S~~iOi~:i~ltlgllit~dt.v~A'l~X~itg~XvY~ttl~:~X~X~Fp~ion ( ) be granted ( ) be deuled pursuant to ~ticle .................... Section .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be c~Xn~t~XK~Mal/eXXXXXXXXX Public Hearing 9/3/81: 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. (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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG: lk FORM ZB4 ZONING BOARD OF APPEALS The Board made the following findings and determination: Appellant has appealed to this Board seeking a variance to the zoning ordinance, Article III, Section 100-31 in order to con- struct a deck addition to an existing dwelling at the southwest corner with a setback from Lake Drive of approximately 14 feet~. The existing dwelling has attached thereto an 8-foot deck exten- sion running parallel with the front of the house and along the northeasterly side of the house. Appellant proposes to add a 13' by 8' deck at the southwesterly corner on an angle to the house but running in line with the existing deck rather than parallel to Lake Drive. The lot in question contains an area of approximately 16,100 square feet and has road frontage along Lake Drive of 107.24 feet as indicated on applicant's survey dated August 22, 1973. It is the feeling of the Board that the nature of the loca- tion of the existing dwelling lends itself to the practical difficulties of the appellant; however the Board does ~ot feel that the deck addition should protrude forward of the existing deck plus one foot (or nine feet from the southwest corner of the house) towards Lake Drive. The Board agrees with the reason- ing of appellant for a frontyard setback of not less than 14 feet at its nearest point for the proposed deck addition. 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 goyernmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that James Genovese be granted permission to con- struct deck addition to existing dwelling as applied for in Appeal No. 2860 SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the deck extension shall not exceed nine feet towards Lake Drive from the southwest corner of the house; (2) That the deck may not be enclosed. Location of Property: 620 Lake Drive, Southold, NY; bounded north, west, and south by Dechiaro; east by Lake Drive; County Tax Map Item No. 1000-59-1-22. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. RECEIVED AND FILED BY So oLD TOWN APPROVED Chairman Board ot 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, ~,~ 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 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-&. 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntington, h~ 117~3, for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for approval of an insufficient rearyard setback for new dwelling at 31~50le Jule Lane, Mattituck, NY; bounded north by Allsopp, west by OleJule Lane, Douth by Old Jule Lane, east by Battersby; County Tax Map Item No. 1000-122-5-18. 7:30 p.m Application of Demetrios and Joanne Joannide$, 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. 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  Drive, Southotd, NY; bounded north, west, south by Dechiaro, Lake Drive; County Tax Map Item No. 1000-59-1-22. 7:50 p.m Application of Thomas and Phyllis Maus, 6 Michele Ter- race, Massapequa Park, NY 11762, for a ~ariance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 0akwood 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 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. lO0-31 for permission to construct deck/addition to dwelling known as 620 Lake east by 8:05 p.m. Application of Jon C.-Kerbs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for a~proval of insufficient area and width of parcels in a proposed sub division, and for permission to relocate building with insufficient yard setbacks, with yard determination on propose~lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and wost by Fleet, south by Fleet Neck Road, 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. lO0-31 and 100-36 for permission to construct carport/addition with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Factory Avenue; County Tax Map Item 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 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, hq; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. lO00-119-1-14, (further known as Nassau Point Subdivision Map No. 156, Lot A). ,~age 3 · Legal Motioe 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 Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue, NY; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5- ll and 12o 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient 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. Mowachek, P.O. Box 355, Pequash Avenue, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zqning 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 Mo. 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 Morth Fork Bank and Barker, west by Protestant-Episcopal Church, south by So~nd Avenue, east by Love Lane; County Tax Map Item No. lO00-141-4-part of 28. Dated: August 21, 1981. BY ORDER OF THE SOUTHOLD TOWI~ BO.~RD OF APPEALS CHARLES GRIGONIS, oR., CHAIR~N 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. Mowachek 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/~/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 ................................ To . d,a.~,'z~ .~;,~.~ .......... .... .(~.o.. Z,<,~..~..,<: .............. PLEASE TAKE NOTICE that your application dated .... ~..cd..?..... ~ ......... 19 .c~../.,. for permit to construct. ,~.... r,~.z?.~.~./../.0...~..//..c~...~. ~(/~.~./...a~--,~/d~',Z, .f · o. at~ r ~ _ Location of Property .. ~ .6/.d.Q....~..':q. · .~.~. ·..~.~../.t:,..~./. ........ .~.o..V.~t/~.~. ~..~ ~ .' .~... House No. Stroot tfamlet County Ta× Map No. lO00 Section ....0...~.~. .... ~,ocr ....0./ ........ rot . .O.~.d ...... Subdivision ................. Filed Map No. Lot No ..... ~ ......... is returned herewith and disapproved on the followin~_~ounds. ~-~c.~(_2r~-~.~...Qt~....~.~..~..'~-.. ~.~. ~..~-:.../..~..~..~:..0. :~..~..~ .-Z....~..-z... ~.~c..Z....- ................... ~..~..~..~-. ........... Building Inspector RVI~O FOIL~[ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ............................. : ........... 19 ........ ,~xoproved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Dote ....... ~. .................... ~ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets o: areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town o~ Southold, ,.Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, os herein described. The applicant agrees to comply with oil applicable lows, ordinance~ admit authorized inspectors on premises and in buildings for neces ( building code, housin~g-code, and regulations, and to ~y~ inspections. /- ) ( ............ g~ature of opl~li.~d~i', or name, if a corporation) (Address of applicant) plicant is lessee, agent, architect, engineer, general contractor, electrician, plumber or buiIder. State whet~?~ owner, ..................Name of owner~'~' '~'of prem ses~~fi.../~ (~ ~.~~..~.. :~'~~ ........................... If applicant is a corporate,~agnature of duly authorized officer. (Name and title of corporate officer) Builder's License No ................ ~ ..... Plumber's Licer)~e No ................................................. Electrician's License No ............................................. Other Trade's License No ............................................... Location of land on which proposed work will be done. Map No.: ........................................ Lot No ......................... Street and Number .... ~...~.....~.........,'~....~...~....C'Z..~.....~.....~... .......................................... Municipality State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy ....... /.'.,~'~-..~-~.~..JR~,~ ............................................................... b. Intended use and occupancy ......................................................... ~.:~¢.,,......-.~.......,. .............................. Repair .................. Removal Demolitior .................... O't h~e7%~r6 r-g-~... ............................................. ~'J) ~.-~ oo/' (Description) 4. Estimated Cost ............... ..-~....~.......~....-'~... ....................... Fee ..../.'..~..~....~'. ....................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ if garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify .nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................Depth .................... Height ........................ Number of Stories ................................................................................................................ Dimensions of same structure with allerations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................Number of Stories ................................ 8. Dimensions of entire new construction: Front ................... , ................ Rear ............................ Depth ........................ Height .................... Number of Stories ..................................................................................................................... 9. Size of lot: Front ........................................................ Rear .......................................... Depth ................................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinanke or regulation: ........................................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: ( ) Yes ( ) No 1,4. Name of Owner of premises .................................................... Address ................................ Phone No ....................... Name of Architect .............................................................. Address ................................ Phone No ....................... Nome of Contractor ............................................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly ail buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, COUNTY OF ................................ ............................................................................................... being duly sworn, deposes and soys that he is the app[icom (Name of individual signing contract) above named. He is the ............................................................... : ................................................................................................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to ~erform or have performed the said work and to make and file this application; that all statements contained in tk~is opplicetion are true to the best of his knowledge and belief; and thor the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this G~nature of a~plicant) ~TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N 1, (We) 0 , Nome of Appellant Street and Number .......................... .................................. ....... .EREBY ^PPEAL TO Municipality State~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED .......... i'. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street ar~' Numbe; Municipality PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPERTY ..... (¢:Z.~..O.....~..~.4~.~-......~...& .......................................... Street Use District on Zoning Mag 'i~;'p '~; ................................ [;;"~;: .............. 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 Ordnance) * / .... o :_.:t / TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Mop A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Lows Art 16 Sec. 280A Subsection 3 : 4 PREVIC~L15 APPEAL A prewous appeal (has) &brmIIIm~) been mode with respect to this decision of the Building Inspector or With respect to this property SL,c.h cppeatwos() request fora special oermit,.~.~ .,,~_,~'4~ ~. ~ ~-- ~) request for o variance ' and was mode in Appeal No. .................... ......... Doted ~ ~.~.,...' ,.., .......... , ........... ) requested for the reason that ~l)O,'TI oB 'FO REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance F'or'm 'ZBl (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ,o06' Cobfl'~ &T4 ~'z E A /tlop~ vicindy of this property and in this use district because The hardship created is UNIQUE and is not shored by all properties alike in the immediate o ~ /..^~ ~ o V6'O.. 3 ,CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the ordinance and WOULD NOT CHANGE THE COUNTY 0~"¢-~ ) d ,~// /0 ..~ature Sworn to this .................... ~:':~ ....... ~¢'-df ........... ~: ......... 19c~/ ELIZAB~H ANN NEVI~E ~OTARY PUBLI~, Sbt~ of New Y~k Ho. 52-~125850, Suffolk ~ T~ ~Jr~ March 30, 1~ $outhold Town Board of Appeal MAIN ROAD- ~TATE ROAD 25 SEIUTHDLD, L.I., N.Y. ll¢J?l TELEPHONE (516) 765-180£ APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. $AWlCKI November 13,1981 Mr. James Genovese 620 Lake Drive Southold, NY 11971 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 Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR, ROBERT J, DOUGLJ~SS GERARD P. GOEHRINGER JOSEPH H. SAW[CKI $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD. L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 September 5, 1981 Mr. James Genovese 620 Lake Drive Southold, NY 11971 Re: Appeal No. 2860 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 James Genovese be granted permission to construct deck addition to existing dwelling SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the deck extension shall not exceed nine feet towards Lake Drive from the southwest corner of the house; (2) That the deck may not be enclosed. An official determination will be filed with the Town Cler~ and simultaneously forwarded to you in the near future. CG:lk Yours very truly, CHARLES GRIGO~S, CHAIRMAN 'odav's Date: Thursday, September 3, 1981 .Iembecs Absent~ if any: none ppea! No. 2860 .genda Item/Matter of: __J.A~ ES GENOVESE " }~pe of Variance or Appeal: Ar?a variance/deck addit~o~n t__o_ existing dwelling GCharles er e rlgoms ~o~n ~Robcrt .. Gerard Joseph. ~oenrln r baWlCKl . ~3oug£ass [nn~e esolution made by: ( ) ( ) ( )/ (~ . ( ) econded by: ( ) ( ) ( ~ ( ) ( ) ction: ( ~ Approve as applied fo~ (~Approve with the following conditions: ( ) Deny as applied for / ~ ( ) Do~y .. / ...... ( ) Deny without prejudice' / ' ~ , ( ) Withdrawn without / ( )'~ub~ect to County Planniflq referral Prejudice ~ ( ) Sub~ect'to ~lanning Board approval ' ( ) ( ) Subject to D.E.C. requlations ( ) Other: , / · ~ ~ ~ ~. - __ u 0 v~ ' ~ ./, . ' ~' I ~o~0~, , ~ ~o ~4 ,(~ . [ ~di~s or the ~o~d are a~ roUo,~: ZS S~ ~Z~ZO~ ~CnU~ Z~ W~Z~C~ p~.m;o~o/i' / . Other [ Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is within ~ Variance is Substantialin Relation toCode spirit of the zoning code ] If so, ~~%. ( ) Relief is not substantial 1 Hardship not sufficient ( ) [ ) Hardship or Difficulty Not Unique ) %rill set a precedent in the neighborhood ) Area is already very congested ) Interests of justice, served by denying ) ( ) ( ) ( ) Burden of hardship or difficulty shown and is unique Variance will not change character of the neighborhood Interests of Justice served by granting Nay: Abstain: Absent: ~tes: ,see above) jurisdiction per letter in 'file. Not within DEC cbogue, Ny; bpunded north Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. 7:50 p.m. Application of Thomas and Phyllis Maus, 6 Michele Terrace, 'MaasapeqUa Park, NY 11762, for a Variance for Approval of Access, New York Town Law Sec.. 2~80-e. Location of Property: 480 Oakwoed Drive, (a/k/a 505 Lake Side Drive North), Southold, N.Y.; bounded north by Wood Drive, west by Clear View Road, south by Lakeside Drive, east by Haskins; County Tax Map Item No. 1000-90-4-3; (further known as Cedar Beach Park Map No. 90, Sub& Lot No. 67). 7:55 p.ml Application o,f James Genovese, 620 Lake dwelling ~ an insufficient frontyard setback pursuant to tUNTY OF SUFFOLK Article HI, Section 100-31; or IATE OF NEW YORK (b) d~ermining this improve- merit not to be an addition to ' the existing structure under ~ the ordinances. Location of Property: Comer of Pequash · Avenue and Fleetwood Road, CutchogUe; bounded north by Fleetwood Road, west by peqtm~h Avenue. south by Goldsmith, east by Schreder; Bavatone Realty Corp. Subd. Map No. 539, Section I, Lots No. 45 and northerly half of 44; County Tax Map Item No. 1000-110-4-1. Dated: August 21, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, .IR., CHAIRMAN 1T-8/27/81(10~ Patricio Wood, being duly sworn, soys that she is the lor, of THE LONG ISLAND TRAVELER-WATCHMAN, Jblic newspaper printed at Southold, in, Suffolk County; that the notice of which the annexed is a printed copy, been published in said Long Island Traveler-Watch- once each week for .................. .[ ................... weeks essively, commencing on the ...... ..~....~.. ...................... 3~riv% Southoldt NY for 9,, Vafianee to the Zoning Ordi- nance, Art. Ill, ~ec. v~-.l: t0r' ~ermission to construct seca/* addition to dwelling known as ~20 Lake DriveI ~out~ola, ~ r bounded north, west, south by *Dechiare, east by la~e Unv~; ~Count~t Tax Map Item ~]000-$9-!,~2. _ 8:05 p.m. Application of .Ion C. Kerbs, SlO Main Street, Greenpc~]t, NY for ~ Variance to the Z~ning Ordinance, Art. IlL Sec.~100-31 for approval of insufficient area and width of parcels in a proposed sub- division, and for permission to relocate building with insuf- ficient yard setbacks, with yard determination on pre- posed lot adjoining Stiliwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and west by Fleet, south by Fleet Neck Road, east by Sezck; County Tax Map Items No. i00-137-2- 8, 18, 19. 8:20 p.m. Application of Mary Ray, 375 Factory Ave- nue, Ma~ituck, NY for a Variance to the Zoning Ordi- nanse, Art. HI, Sec. 100-31~ and 100-36 for a permission to construct carport/addition with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, ~outh by Mills, east by Factory Avenue; County Tax Map Item No. 1000-122-6-6. 8:30 p.m. Application of Gladys G. Bayles, c/o Flower u~eI aq; ~ q~o.l, taON m. ~,I6I 'ZI ~mo}d~ ua ~ ~ oqS 'a~o~nD ~o ;uap! ~o] · ~=~ pu= ;~anm Sworn to before me ~i$ ................................ dny of ~ uI ~ s~ uo pa~ -- ~ ~d~H ~S ;~ ~ ;s~ .............. ~"-  ua palp '~ oB~ '~S HoD ~ L~ (I~ ~d tull] ponugu ............. .I .~.~ ,plo~ln~ S~[hIVI~ dO ffdVD CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York No. 52-9321725 Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TER ......... LL ROBERT 3. DOUGLASS GERARD P. GOEHRINGER N.Y.S. Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2860. Application of: Location of Property in Question: 620 County Tax Map Item No. 1000- 59-1-22 Project Proposed by Appeal Application: with insufficient frontyard setback. James Genovese. Lake Drive, Southold, NY. Deck/addition to dwelling 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 is located within 300 feet of tidal wetlands area but is separated by a road or similar type of barrier. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: August 6, 1981. Copy to: Town Clerk Bulletin Board Applicant (Original in ZBA file) BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 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 Code of the Town of Seuthold, ,a .?egular Meeting and the wnowmg public hearings will be held by the Southold Town Board of Appeals at the South- old Town Hall, Main Road, Southold, NY on Thursday, September 3, 1981 commenc- ing at 7:15 p.m., as follows: 7:15 p.m. Application of Michael A. LoGrande, 63 Pine- dale Read, Hauppauge, NY 11788 for a Variance to the Zoning Ordinonee, Art. III, Sec. 100-31 for an insufficient Irontyard setback for new dwelling at the east side of Stillwater Avenue, Cutchogue, NY; bounded north by Mad- zelan, west by Chituk, south by Stdlwator Avenue, east by BaHotto; County Tax Map Item No. 1000-136-2-4. 7:25 p.m. Application Richard Posselt. 23 Fairmont Street, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Art. II/, Soc. 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck. NY; bounded north ~nAe~/s.o~l~, west by Ole &de , ~uth by Ole Ju}e Lane, east by Battersny; County 1Tsa. x Map Item No. 1000-122-5.. 7:30 p;m. Application of Demetrins ~md Jeanne Jean- eides, 60 Central Drive, Matti- tuck, NY for a V~'i~nea to the Zoning Ordirkmnce, ~ Art. III Sec. 100-31 for Permission to construct deck/additiOn to dwelling with sn insufficient ?ont_ye.rd seth~k at~0 Cen~ ttiluek, IVY; bounded earth by Nohm, west by Tsoun/s, sOUth by ~lral' cD~v~.e,, east bY Luth~rk Road; my l~x Msp Item No. 1000-106.3.1~.; (furthoc known as Cpt. Kidd Estotes Map No. 1672, Subd. Lot No. 114). 7:40 P.m. Application of Harry p. Fagan, J'rl alld Wife, ance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to ~onstruct addition with an ~nsufficient rearyard setback at 400 Betts Street, Cutchogue, NY; bounded north by Duun, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No 1000-119-6.9. · 7:50 p.m. Application of Thomas and Phyllis Maus, 6 , ---:, ,,-- 11762, for a Variance mr -q. PProval of Access, New ,.o?..Tow.~ Law Sec. 2~0-a. Ny? lvs_ orthl, Southold, Road, south by Lakeside Drive, east by Haskins; Coun- ty Tax Map Item No. 1000-90- known as Lot No. 67). ~catiea of r~i~ onstruct d~'/ u:~ p.m. Application of J~on C. Kerbs, 510 Main Street, c, reenport, NY for a Variance to the Zoning Ordinance, Art. Ill, Sec. 100-31 for approval of insufficient area and width of parcels in a proposed sub division, and for permission to relecat~ building with insuffic- ient yard setbacks, with yard detorminatior/on propesed lot adjoining Stitlwater Avenue. Location of Property: Pc- quash Avenue Cutehogue, NY; bounded north and west by Fleet, south by Fleet Nock Road east by Jezek; County Tax Map Items No. 1000-137-2. 8, 15, t9. 5:20 p.m. Application of Mary Ray, 375 Factory Ave- ~ue, Mattituck, Ny for a Var- mnce to the Zoning Ordinance, Art. III, Sec. 100-31 and 100-36 for. Perm ssion to construct carport/addition with insuffie- ient sideyard and rearyard setbacks at 375 Factory Ave, Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Fac- tOryAveune; County Tax Map Item No. 1000-122-6-6. : 8:30 p.m. Application of Gladys G. Baytes c/o FlOWer Hil{ Building Corp. as agent, Cutchogue, NY, (Richard F. Lark, Esq.) for a Var ance to the Zon ng Ordinance, Art. III, Sec. 100-30A for permis- siOn rtO construct addition and convert building with guest room to dwelling USe. Location of Property: Smith Read (pri- vate) at Nassau Point, Cut- .~,Z°rgeU_e, ~j bounded north by re,~, ~m~thRead and Cook, west, south and east by the Bay; County Tax Map Item No. 1000-119-1-14, (further k~0wn as Nassau Point Subdi- ws~on Map No. I56, Lot A), 8!50 p.m. Application of D~o~n~ald j. Flnnerty, 1530 Fleet. ~w~ou ._Read, Cutchogue, NY mr a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for.~erm/ssion to construct ~d~i?mn to accessory buildino m me Irontyard area, lecat~ at 1530 FJeetwoed Read and Betts Street, Cutchogue; bounded north by Hansen, west by Betts Street, south by Sam/ns, east by Fleetwood Read; County Tax Map Item No. 1000-137-5-11 & 12. 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning. Ordinance, Art. III. Sec. 100-31 for approval of insufficient area ar/d 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 Russell; County Tax Map Item No. 1000-113-7-4.1. 9:15 p.m. Application of Sonny Brown, Box 473, Madi- ~o°rn/~en?, Greenport, NY ar~unce to the Zordng Ordinance, Art. XI, Sec. 109- IlaD for permission to USe ex/sting building as an auto- mobile repair shop (and/or reestablish preexisting USe to ·.. being duly Sworn, permit Use as an automobde repair shop), at 73225 Main isher of the SUFFOLK ._~_ . y vmage of .~l ~t Green orr i ' ,~.,?~npor/, west by Warden, P , n said s~,~s.~,uth .by Main-Read~ ~_~ he armexe ' - -yr~utxesgi; Counh..o_ ~. d IS ~I prln~ed Item No. 1000-45-3-part of 2 Su 9:30 p.m Application ' ffolk Weekly T~mes · of Anthony G. and Helen M .............. weeks Nowacnek, P.O. Box 355, quasbAveune Cutcbng e, NV ................. for a Var ance to the Zoning Ordinance: (a) to deck/addition to dwethng witlr /~_~ /~_ an insufficient frontyard set- .~.~.~..-~... back PUrsuant to Article III ..... ~ ............ Soction 109-31 or (b) detorm~ ining this improvement not to ' be an addition to the ex/sting structure under the oedin- .~/ antes. Locatiea of Property: .~... .... .~.:...~.~ .......... Corner of Peqnssh Avenue '' · and Fleetwood Road, Cut- . ..................... chogue; bounded north by Fteetweed Read, west by Pc- £ ¥0[ qu~sh Avenue, south by Gold- as~o'th, east by $chreder; Rav- ~e of one Realty Corp. Subd Map llolk Co~t~ No. 539, Section I, Lots No. 45 c~ 30. 19~..~ and northerly half of 44; Coun- ty Tax Map Item No. 1000-119- 4-1. Dated: Augnst 21, 1~1. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., 1TA27-3755 CHAIRMAN OFFICE OF Tows CLERK TOWN OF SOUTHOLD JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS SUFFOLK COUNTY Southold, L. 1., 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 A e 1 2 application of ~ for a variance. Also included are notification to adjoining property owners, Notice of Disapproval from the Building Inspector, short environmental assessment form, survey, and wetland questionnaire. JTT/bn Enclosures Judith T. Terry Town Clerk I 'Z ~LL'xLL- o SO' tII --~--~) In order to oar. wet tim questions in that the preparer viii use currently 'available project (md thc lil:el7 '' o~ . · mr~acl: ' lhe action additional studler,, re:;corch or other iavestigations will be undertaken. (b) I[ ~ny question has been ons',rered Yes the project mo~ be .-;9nificonL and a compleLed [~nvironmcntal Assessment Form is necessary. (c) If oll (lues[ion~ hove bach onswcred [1o it is likely that this project is not ~ignificont' (d) Environmentol ' ,- ,~ ~ ~ " ~. %'l~ff~ projec[ result---in o lor~e phzslcol chon~e to the project site or physical]y alter more tri~H] lO ecrcr, ef lc]n(l? ....................... Yes 2. f/ill there bc o major chonfle to oriy unique or - ' -unusual lend fozm found on %he si~e? ........ Yes.~ NO 3. ¥/ill project alter az' hove a large ef~eci on cxistia9 body of · wotc. r; ..................... Yes 4. ¥1ill project have o potcn'tiol!y ]o~_.'c,~ impact on 9rour, cl,,~citcr quo].ity? .................... . Yes /No J. ¥Iill project significontly cf fact dro~aoUe - flow on odjucenl sites? ........................ Yes /No. ~. Will project affect any threolen~:d or cndenDercd plan! or oniaol species? ....... Yes 7. Y/ill pre jeer rcsu]t in o moj(,r edvcrsc e~fo~'[ -- on air quatil)'? ............................. Yes~N 8 ¥1111 prr~jact hove o major er,c.., on visual cbc:rooter off the c:ornmuni%y or scenic vicvt5 or vistas t(nOlY~] ia be inlporlonf tO the community?. Yes~No ~. ¥1]11 project odversel)' impact ony si'to or ' ,2 51ruclure of historic, prehistoric or pole~nlo!ogicol importance or any ~ite de~igrmLcd 05 o ciitic~:l environmental orca 10. Will project hove o mojo~ effect on existih9 or fu[urc recreational opportunities? ......... Yes'No 11. %/il! project result in .major iroffic problems or cour, e o major cf[ecl to existing t. renr. pr~r to[ion :y st c:m~,? ....................... YeS 12. ¥,'ill projec~ regularly coast objectionable ' ' odors, noi~c, 91sro, vSbrotion, or electrical dinLurbc~ncc. . 05 o result of thc project's ~ N/o' opcro[zonF ......... ' ............................ Yes 13. %'Jil~ projc:ct hove any ~mpgct on ptb]ic health ' or .so[cry? .................................... Yes lg. ¥/il! p~oject affect the exlsiing cominurli~y by directly cav:~ing o 9ro'.~th ia permanent population of more than 5 perce~t over o one year period or have o major negative effect on the chor~ctcr *[ ~he communit7 or ~e~h[ orhood? ................................. Yes 15. Is there public controversy cra}corning the pi'oject? ...................................... this short EAF it is assumed infor~:~otion concerning the It is not expected that (T re) / To: Southold Town Board of Appeals Main Road Southo!d, NY 11971 Re: Appeal Application of _ E/ ~ ~r $i~s: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 i{YCRR, Part 661, and Article 25 of the New York State Environmental Censervation Law, please be advised that ~he subject property in the within appeal application: (please check one box) [ ] [ ] not appear to 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 fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yo~ 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 TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~n)~}~h~n-g relief: '~0 co~UcT 4 ~0~,o~ '~ pR~-~x~3'r/~ ~c~ ~/r~ 2. That the property which is the subiect of the Petition ~ Iocated~jacent to your proper~ and is des- cribed~follows: ~T~ ~D~ LAR~ O~, _~{~e~~g g~'/ 3. That the prop~r,y which is the s~je~t ~such Petiti°n is I°cated in the f°ll°wing z°ning districO 4. That by such Pe~i6on, ~he undersigned will request ~he following relief: 5. That the provisi~e Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 2J..J-2- Sectic~ / O 65 ,- ~ / 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS c /AKo STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~C.,, n ~ o Id A/,~., ~,;rz~,'J-. being duly s~'orn, deposes and says that o~the ~ day ' of _~ ~ , 19 ~/ , deponent maded a true copy of the Not~ce ~t forth on t~re- verse side hereo~directed to each of the above-named persons at the addresses set oppmite thor respective names; that the addresses set opposite the names of ~id persons are the addresses of said ~ons as shown on the current ~s~sment roll of the Town of Southold; that ~id Notices were mailed at the United States Post Of- rice at ~ ~e ~ ~/~, ~ ~ ~.~ ;that said Notic~ were mailed to each of ~id persons by (certified) (reVered) mail. ~ ' ' ' Sworn to before me this q~ / / ~/ Notary Public ~ [LIZAB~H ANN N~I~E NOTARY PUBLIO, State 0f NeW Y~k NO. 52-8125850, Suffolk ~ou~ Te~m Expire~ March 30, ~9~ GREAT POND (LEETONS L~KE) SUFFOLK COUNTY 30.8 A {c) SUFFOLK COUNTY (PECONI¢ DUNES PARK Gt?EA T POND (LEETOA~S (UND£RWATER L A'~ 3} SUFFOLK COUNTY 25 30 8 A (c)