HomeMy WebLinkAbout2817Ki-~?Z, ~EP~JE~ J. JR.
550 Gre.enway West, Orient
CA-construct dwelling w/insuff.
rear yard setbacks.
5/ 4/8z
front and/or
TOWN OF SOUTROLD, NEW YORK
ACTION OF THE ZON~/~G BOARD OF APPEALS
AppealNo. 2817 by application Dated April 15, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To ,Stgphen J. Kmetz, Jr.
65.~ Village Drive
Hauppauge, NY 11788
DATE ....~.f.~.9./.~ 1
Appellant
at a meeting of the Zoning Board of Appeals on May 27, 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 7.~
(X) Request for a variance to the Zoning Ordinance Art. III, Sec.
( )
100-31
the appeal
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building I~peetor ( ) be reversed ( ) be
co~irmed because Public Hearing: 5/14/81: 8:20 P.M. Application of
Stephen J. Kmetz, Jr., 652 Village Drive, Hauppauge, NY 11788 for
a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 to con-
Struct dwelling with insufficient front and/or rear yard setbacks
at 550 Greenway West, Orient, NY; bounded north by McCoughlin;
west by Greenway West; south by Eufemia; east by Stuke; County
Tax Map Item No. 1000-15-1-19.
(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
hardship because
(SEE REVERSE SIDE)
difficulties or unnecessary
(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
(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 ZONING BOARD OF APPEALS
FORM ZB4
By this appeal, appellant seeks permission to construct a
one-family dwelling with an insufficient frontyard setback of
42 feet and rearyard at the east side of 35 feet. The premises
in question contains an area of approximately 21,250 square feet.
The proposed dwelling will be approximately 64 feet long by 34
feet. Upon inspection, the. Board finds that neighborhood to be
nearly all vacant parcels.
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
if granted will not change the character of the neighborhood; 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 variance requested subject to
certain conditions, infra. ~
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that Stephan Kmetz, be granted a variance to the
zoning ordinance, Art. III, Sec. 100-31 applied for in Appeal
No 2817, SUBJECT TO THE FOLLOWING CONDITION:
(1) That the frontyard setback be a minimum of 50 feet;
(2) That the easterly (rear) yard setback be 35 feet.
Location of Property: 550 Greenway West, Orient, NY;
County Tax Map Item No. 1000-15-1-19.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh-
ringer, Sawicki and Grigonis.
APPROVED
RECEIVED AND FU ED BY
~ SOUTHOLD TOWN
Town Clerk, Town of S~uthold
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 ~he following public hearings will be held
by the Southold Town Board of Appeals at the
Main Road, Southold, NY on Thursday, May 14,
7:00 p.m. and as follows:
Southold Town Hall,
1981 commencing at
7:00 p.m. Application of Joseph and Sara Woolston, 27 Green-
wood Road, Fishers Island, NY 06390 for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-31 for permission to construct deck
with an insufficient rearyard setback at 27 Greenwood Road, Fishers
Island; bounded northeast by F.I. Ferry District; southeast by
Gilman; northwest by Barmache; east by Greenwood Road; County Tax
Map Item No. 1000-12-1-13.4.
7:05 p.m. Application of Karl E. Fransson, 11 Dodge Drive,
West Hartford, CT 06107 for a Variance for approval of access, New
York Town Law Section 280-a. Location of property: Private Road,
Fishers Island, NY; more particularly known as County Tax Map Item
No. 1000-3-6-4 and bounded north by Private Road; south east and
west by Fishers Island Development Corp.
7:15 p.m. Application of Oydsseas Pyrovolakis, 83-16 170th
Street, Jamaica, NY 11432, for a Variance to the Zoning Ordinance,
Art. III,Sec. 100-31 for permission to construct dwelling with
insufficient front and rear yard setbacks at 3180 Stars Road, East
Marion, NY; Stars Manor. Subd. Filed Map #3864, Lot 26; County Tax
Map Item No. 1000-22-2-19; bounded north by Zerris, west and south
by Stars Road, east by Schroeder.
7:25 p.m. Application of Donald Scott, Critten's Lane, Southold,
NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for
permission to construct addition ko dwelling with insufficient front
and rear yard setbacks at the northeast corner of Beaohwood Lane and
Critten's Lane, Southold; bounded north by Hoffmeister; west by Oates;
south by Beachwood Lane; east by Critten's Lane; County Tax Map Item
No. 1000-70-11-8.
'Page 2 - Board of als
Regular Meeting of May 14, 1981 legal adv.
7:35 p.m.
Bayview Road,
Art. VII, Sec.
Application of Alfred T. and Audrey M. Young, North
Southold, NY for a Variance to the Zoning Ordinance,
100-70A, B, for permission to convert preexisting
nonconforming dwelling into a two-family dwelling in a B-1 District.
Location of property: 295 Beckwith Avenue, Southold; bounded north
by Mai]graf; west by Southold Equities and Plyko; south by Bucci;
east by Beckwith Avenue; County Tax Map Item No. 1000-61-1-23.
(by Rudolph H. Bruer, Esq. as attorney).
7:45 p.m. Application of Peter and Helen Puric, 1250 Second
Street, New Suffolk, NY for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for permission to construct addition to dwell-
ing with an insufficient rearyard setback at 1250 Second Street,
New Suffolk, NY; bounded north by Capaldo; west by private right-
of-way; south by Victoria; east by Kinirsky; County Tax Map Item
No. 1000-117-7-23. (by Rudolph H. Bruer, Esq. as attorney).
7:55 p.m. Application of Wilhelm Franken, 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 front, side and
rear yard areas at 830 Tarpon Drive, Greenport, NY; bounded north
by Starkie; west by Reese; south by Weismann; east by Southold
Shores Ass'n; County Tax Map Item Nos. 1000-57-1-8 and 9.
8:10 p.m. Application of David Strong, Box 1033, Mattituck, NY
for a Special Exception to the Zoning Ordinance, Art. VI, Sec.
100-60(C) (2) (a) for permission to erect sign with insufficient
front and side yard setbacks at 11455 Main Road, Mattituck; bounded
north by VanRyswyk and O'Neil; east by Mileska; south by S.R. 25;
west by Burgon; County Tax Map Item No. 1000-142-2-17.
D8:20 p.m. Application of Stephen J. Kmetz, Jr., 652 Village
rive, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 to construct dwelling with insufficient front
and/or rear yard setbacks at 550 Greenway West, Orient, NY; bounded
north by McCoughlin; west by Greenway West; south by Eufemia; east
by Stuke; County Tax Map Item No. 1000-15-1-19.
~age 3 - Board of A~als
Regular Meeting of May 14, 1981
8:35 p.m. Recessed hearing - Agnes Dunn.
8:45 p.m. Application of Herbert W. Davids, by Stanley S.
Corwin, Esq., 634 First Street, Greenport, NY for a Variance to
the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insuffi-
cient area and width of three proposed parcels known as Seaswood
Acres Subd. Lots 25, 26 and 27, Filed Map #2575; bounded north and
west by Reese; south by McDermott; east by Seawood Rive; County
Tax Map Item No. 1000-79-7-64,65 and 66.
9:00 p.m. Application of Robert Ketcham, Box 295, East Marion,
NY for a Variance to the Zoning Ordinance, Art. VI, Section 100-60(C) (2) (a)
for permission to erect off-premises-advertising sign at 6800 Main Road,
Greenport, NY; bounded north by S.R. 25; west by Dobek; south by Cowan;
east by Pekunka and Keefee; County Tax Map Item No. 1000-53-2-15.001.
9:15 p.m. Application of Peter R. Stoutenburgh as agent for Perrie
Pascucci, 3075 Indian Neck Lane, Peconic, NY 11958 for a Variance to the
Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct
dwelling with an insufficient rearyard setback at 305 Narrow River
Road (and King Street), Orient, NY; bounded north by Darzy and Tannen-
baum; west by Matthews; south by Harbor Road; eas~.by King Street;
County Tax Map Item No. 1000-26-3-11.
9:25 p.m. Recessed Hearing - Roy C. Schoenhaar for approval of
insufficient area, width and 280-a for property located at the south
side of S.R. 25, Mattituck, NY.
Dated: May 4, 1981.
BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL
CHARLES GRIGONIS, JR., CHAIRMAN
Instructions to newspapers: Please publish once, to wit, Thursday,
May 7, 1981 and forward 12 affidavits of publication to:
Mrs. L. Kowalski, Secretary, Board of Appeals, Town Hall, Southold,
NY 11971, on or before Tuesday, May 12, 1981.
TOWN OF SOUTHOLD, NL~f YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.,_, ~'~
DAn .~/~j.~! ............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,, (We)
marne of Appe on ~treet orR] Number /f' /
......................................................................................................................... HEREBY APPEAL
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. -- DATED ...... 4~.~.;I.-~....J.~..F.)..~,.~.L .~.) ......
WHEREBY THE BUILDING INSPECTOR DENIED TO
.......
Name of Applicant for permit
o,,~,~:.:~..~.r,Z,,...~.~..~.., ,~,~,.~.~ ......~z ....... .~,~ .,:, i~ 2~ ........
Street and Num"~r Munlc[paht,/;
( ) PERMIT TO USE
( ) ~ERMIT FOR OCCUPANCY
i LOCATION OF THE PROP~RT,-,,~...(.--.~.~..,~.~,.~.,..~.....~,.,,,.~.~,~,~....~,.~. ,. . -
Street"
....................................................... ~.~.~ ............
Map No Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
TYPE OF APPEAL Appeal is made herewith for
A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art 16 Sec. 280A Subsection 3
PREVIOUS APPEAL A previous appeal(,(~as~not) been mode with respect to this decision
4.
of the Building Inspector or w~th respect to t~rs~t~"~erty.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
)
)
)
is requested for the reason that
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
]~orrn ~.~1 (Continue on other side)
REASON FOR APPEAL
Continued
1. 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 and WOULD NOT CHANGE THE
'L,' ' (.
CHARACTER OF THE DISTRICT because~ ~'" '~(-~(~. ~'- ~'--~-~]~_~ .L ,.~ ,~'~ -1-4.
) ss ......
COUNTY OF ~oF,~''t4' )
Sworn to this
.............................................. day ......................................................
Notary Public
WILLIAM E, WILLIAMSON
Nota~ Pub]/c, State oi N~' ¥oz~
· No. 52-4289900
Comm. ~xptrm ~areh 30,/.~
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made this 31st day of December 1977, by
Petty's Bight Association, Inc., Orient, New York.
WlTNESSETH:
WHEREAS, the said Perry's Bight Association, Inc., is the owner in fee
simple of certain premises in the Town of Southold, County of Suffolk and State
of New York, known and designated on certain maps entitled: "Map of Green
Acres At Orient" made by Otto W. Van Tuyl & Son, Licensed Land Surveyor and
filed in the office of the Clerk of Suffolk County as Map No. 3540, and
WHEREAS, any person, firm or corporation owning real property as shown
on Map of Green Acres at Orient, surveyed by Otto W. Van Tuyl, surveyor,
Suffolk County, New York, shall be a member of this Association. Ownership
shall be determined by the records of the County Clerk of Suffolk County. Persons
owning property, as tenants by the entirety, or as tenants in common or as joint
tenants, shall be entitled collectively to but one vote.
WHEREAS, said Petty's Bight Association, Inco, is desirous of placing
certain restrictions upon said premises which shall be binding upon all purchasers
and mortgagees of individual lots, their heirs, executors, administrators and
assigns;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
THAT the said Petty's Bight Association, Inco for the benefit of itself,
its successors and assigns, in consideration of the premises and for the purpose
of carrying out the intention above expressed, does hereby make known, admit,
publish, covenant and agree that the said premises hereinbefore set forth, shall
hereafter be subject to the following covenants running with the land, and binding
upon all purchasers, mortgagees and holders of the said premises, their heirs,
executors, administrators, successors and assigns up to and including the 1st day
of January 1988, when they shall cease and terminate, viz:
1. That no fence of any kind shall be erected upon any of the said
premises from the front line of the building erected thereon extended for the
full width of the lot to the front line of the said premises and no fence shall
have a greater height than four (4) feet.
2. No sign of any kind shall be displayed to the public view on any lot
except one professional sign of not more than one square foot, one sign of not
more than five square feet advertising the property for sale or rent, or signs
used by a builder to advertise the property during the construction and sales period.
3. No animals, livestock or poultry of any kind shall be raised, bred
or kept on any lot, except that dogs, cats or other household pets may be kept
DECLARATION OF COVENANTS AND RESTRICTIONS
-2-
provided that they are not kept, bred or maintained for any commercial purpose.
4. No lot shall be used except for residential purposes. No building
shall be erected, altered, placed, or permitted to remain on any lot other than
on detached single family dwelling not to exceed two stories in height and a
private garage for not more than two cars.
5. No dwelling shall be permitted on any lot unless the ground floor
area of the main structure, exclusive of one story open porches, shall be not
less than 750 square feet. Any structure constructed on any lot shall be set
back 40 feet from the front property line and 25 feet from the side line. Any
structure on lot 17 to 21, inclusive, shall be set back a minimum of 130 feet
from the rear property line.
6. No lot shown on said subdivision map shall be subdivided or conveyed
as separate parcels.
7. No noxious or offensive activity shall be carried on upon any lot,
nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
8. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or other outbuilding shall be used on any lot at any time
as a residence either temporarily or permanently.
9. The private beach and parking areas identified on said map as "For
Residents Only", are to be reserved for the property owners on the said map and
each plot owner will have an undivided interest in the aforesaid beach and parking
area in common with all the other property owners and each property owner will
be obligated to pay his proportionate share of the cost of erecting improvements
thereon and in the upkeep and expense thereof and for the upkeep and maintenance
of the private roads shown on said map to Petty's Bight Association, Inc. annually
in accordance with the by-laws of Petty's Bight Association, Inc., on which date
said charge shall become a lein upon the property and so continue until fully paid.
Said charge will be determined and voted upon at the annual meeting of said
association. A penalty charge of interest at 8% per annum upon the unpaid balance
will be imposed by the Petty's Bight Association, Inc. for the non-payment of
these charges. No profit whatsoever, shall at any time be made from said beach
property and parking area. All property owners, their successors, assigns and
invitees hereby release all their rights to make claim or bring suits against
Petty's Bight Association, Inc., for personal injuries or property damage while
using the parking, bathing or boating areas.
10. These covenants are to run with the land and shall be binding on
all parties and all persons claiming under them until January 1, 1988.
11. Enforcement shall be by proceeding at law or in equity against any
person or persons violating or attempting to violate any covenant either to
restrain violation or to recover damages.
DECLARATION OF COVENANTS AND RESTRICTIONS
-3-
12. Invalidation of any one of these covenants by judgement or court
order shall in no wise affect any of the other provisions which shall remain
in full force or effect.
13. No building, fence, wall or other structure shall be erected or
maintained nor any change or alteration made therein unless the plans and
specifications therefore showing the nature, kind, shape height, material,
color-scheme and location of such structure and the grading plans of the lot
or plot to be built upon shall have been submitted to, approved in writing by,
and a copy thereof, as finally approved, lodged permanently with the Perry's
Bight Association, Inc.
14. Easements for installation and maintenance of utilities and
drainage facilities across and under premises to be conveyed are hereby
reserved to Petty's Bight Association, Inc. or its successors or assigns,
who may grant permanent easements to public utility companies.
15o Any of the reservations, conditions, covenants, charges and
agreements herein contained, may be annulled, waived, changed or modified
by Petty's Bight Association, Inc.
In witness whereof, the Petty's Bight Association, Inco, has executed
the foregoing declaration the day and year first above written.
Petty's Bight Association, Inc.
Date Received
Signature UOT ~
BY-LAWS
OF
PETTY'S BIGHT ASSOCIATION,
INC.
ARTICLE I
Purpose
SECTION h The purposes for which this Association is formed are
those set forth in its Certificate of Incorporation. It is not organized for
pecuniary profit and no part of its net earning shall enure to the benefit of any
person, firm or corporation.
ARTICLE II
Membership
SECTION h Any person, firm or corporation owning real property
as shown on Map of Green Acres at Orient, surveyed by Otto W. Van Tuyl,
surveyor, Suffolk County, New York, shall be a member of this Association.
Ownership shall be determined by the records of the County Clerk of Suffolk
County. Persons owning property, as tenants by the entirety, or as tenants
in common or as joint tenants, shall be entitled collectively to but one vote.
SECTION 2: Any member who ceases to own property on the
aforesaid map shall automatically cease to be a member of the Association.
SECTION 3: The rights and powers and obligations of the members
shall be subject to all of the covenants and conditions set forth in instruments
of record pertaining to said property.
ARTICLE III
Dues
SECTION h The annual dues shall be such amounts as may be fixed
by the board of directors for each calendar year.
SECTION 2:
each year.
All dues shall be payable by the 15th day of March in
ARTICLE IV
Government
SECTION h All management powers of the Association shall be vested
in the Board of Directors, who shall not be less than three (3) in number nor
more than five (5) in number and who shall be elected annually by the membership
at the annual meeting to be held on or before the 1st day of July of each year.
BY-LAWS OF PETTY'S BIGHT ASSOCIATION, INC. -2-
Directors must be members of the Association and their term of office shall
last one year.
SECTION 2: The Board of Directors may hold meetings at such
times and places as they think proper; appoint committees on particular
subjects from the members of the board or from other members of the
Association; audit bills and disburse the funds of the Association; and employ
agents and devise and carry into execution such other measures as they deem
proper for the protection of the objects of the Association.
ARTICLE V
Officers
SECTION h The officers of the Association shall consist of a
president, a vice president, a secretary and a treasurer°
SECTION 2: The officers shall be elected at the annual meeting of
the Board of Directors and shall hold office until the next annual meeting of
the Board of Directors and until their successors are elected or until removed
by the vote of a majority of all directors.
SECTION 3: The president shall be the chief executive officer of
the Association and shall be in charge of the direction of its affairs and shall
ex officio be a member of all committees. The other officers of the Association
shall have the powers and perform the duties that usually pertain to their
respective offices.
SECTION 4: The officers and the directors shall not receive,
directly or indirectly, any salary or other compensation from the Association
unless authorized by the concurring vote of two thirds (2/3) of all the directors.
ARTICLE VI
Meetings of the Members of the Association
SECTION h The association shall hold its annual meeting of
members for the election of directors, the adoption of a proposed budget
for the forth coming fiscal year, and for the transaction of such other business
as may come before the meeting, on the third Saturday in October at a place
and an hour to be specified in the notice of such meeting.
SECTION 2: Special meetings of members shall be called by the
secretary upon request of the president or by order of two (2) members of
the Board of Directors or upon the written request of five (5) active members
of the Association.
SECTION 3: Notice of all meetings of members shall be mailed
or delivered personally to each such member at his address as it appears on
the current tax assessment roll of the Town of Southold not less than ten (10)
nor more than forty (40) days before the meeting.
BY-LAWS OF PETTY'S BIGHT ASSOCIATION, INC. -3-
SECTION 4: At all meetings of members one third (1/3) thereof,
whether present in person or by proxy, shall constitute a quorum but fewer
than a quorum shall have power to adjourn from time to time until a quorum
be present.
SECTION 5: All meetings of members shall be presided over by
a chairman who shall be elected at the meeting. The proceedings of each
meeting shall be verified by the signature of the chairman.
ARTICLE VII
SECTION h There shall be such committees as the Board of
Directors shall from time to time establish.
ARTICLE VIII
SECTION h The fiscal year of the Association shall be from
January 1 to December 31.
ARTICLE IX
SECTION h These by-laws may be added to or amended in
whole or in part by the affirmative vote of two thirds (2/3) of the members
present and entitled to vote in person or by proxy at any annual or special
meeting of the members.
Today-' s Date:
~Iemb.ers Absent, if any:
~. ~ 1981
Appeal No. 2817
Agenda Item/b4atter of: KMETZ, t STEP,H~, N,
Type of Variance or Appeal: New dwelling with insufficient rearyard and/or frontyd.
Greenway West, orien-~
GCrharles ~Robert .~ O~rard Joseph.
~9oms ~%~geen 13 ~oenr~nger ~aw~cK~
Resolution made by: ( ) ( ) ( ) . ( )/
Seco n de~
Action: ~J ~pprove as applied for ( ppro~e ~ith t~ followin~ conditions:
) Deny as applied for
) Deny
) Deny without prejudice
) Withdrawn without ( ~ Subject to County Planning referral
Prejudice ) Subject to Planning Board approval
) ) Subject to D.E.C. regulations ( ) Other:
Findings of the Board are as follows:
d '
Requests 42' and 35' ~yard.
Vacant lot.
Other:
Not %githin 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 denyin9
( )
Vote of the Board: Ayes: /\- / CG (
Nay: ( ) ( )
Abstain: ( ) ( )
Absent: ( ) . ( )
Notes:
)
)
() () ()
() () ()
() () ()
) Grantin9 the Relief Requested is within
spirit of the zoning code
) Relief is not substmntial
) Burden of hardship or difficulty shown
and is unique
) Variance will not change character of
the neighborhood
Interests of Justice served by granting
Southold Town Board of Appealb
MAIN ROAD-STATE ROAD 2..% Si-IUTHOLD, L.I,, N.Y, 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR. NOTICE OF DECLARATION
ROBERT J. DOUGLASS PURSUANT TO
GERARD P. GOEHRINGER
Joseph H. Sawicki N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2817.
Application of: Stephan J. Kmetz
Location of Property in Question: 550 Greenway West, Orient.
County~Tax Map Item No. 1000-1~-1-19
Project Proposed by Appeal Application:
insufficient rearyard setback.
New dwelling with an
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 property in question is not located within 300 feet of
tidal wetlands.
This declaration should not be considered a determination
made for any other department or agency which may also be involved,
nor for any other project not covered by the subject appeal appli-
cation.
Dated: April 23, 1981. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Posted on Town Clerk Bulletin Board
7:05 p.m. Application
Kart E, Fransson, 11 Dodge
Drive, West Hartford, CT
06107 for a Variance for ap-
proval of access, New York
Town Law Section 2~0-a. Loca-
tion of property: Private
Rood, Fishers Island, NY;
more particularly known as
County Tax Map Item No.
1000-3-6-4 and bounded north
by Private Road; south east
and west by Fishers Island
Development Corp.
7:15 p.m. Application of
Oydsseas Pyrovolakis, ~3-16
170th Street, Jamaica, NY
11432, for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for permission to
construct dwelling with insuf-
ficient froot and rear yard
setbacks at 3180 Stars Road,
East Marion, NY; Stars Man-
or. Subd. Filed Map #3864, Lot
26; County Tax Map Item No.
1000-22-2-19; bounded north by
Zerris, west and south by
Stars Road, east by Schroo-
der.
7:25 p.m. Application of
Donald Scott, Critten's Lane,
Southold,NY for a Variance to
the Zoning oraloonce, Art. III,
Sec. 100-31 for permission to
construct addition to dwelling
H. Bruer, Esq. as .a. tto~n Y - ,,
~ 45 nm Application ~o~
~ -;fer ~;d'Uete" puric,.J?
1
· ~econd Street, New Smto~t~~
NY for a Variance to
Zoning Ordinance, Art. III,
construc~ aa~?~_~F ~a~vard
with an insum~e-[
setback at 1250 ~econu ~[~ ,
New Suffolk, NY; bounded
north by Capaldo; west by
rivate right-of-way; south by
P~ictoria; east by KinirskY;
County Tax Map Item No.
1000-117-7-25. (by Hudolph It.
Bruer, Esq. as attorney).
'/:55 p.m. Application
Wilhelm Fraoken, 75 Carroll
Street, Brooklyn, NY ll2B1 for
a Variance to the Zo/~ing
Ordinance, Art. III, Sec.
for permission to build garage
in the front, side and rear yard
areas at 8~0 Tarpon Drive,
Greenport, NY; bounded north
bv Starkie; west by lt.eese;
'uth by Weismann; east by
?.o ~,_~ ~-ores Ass'n; County
~I ax Map Item Nos. 1000-.57-1-8
and 0.
8:[0 p.m. Application of
David Slrong, Box 10BS, Matti-
tuck, NY for a Special Excep-
tion to~ Zoning Ordinance,
Art. V~e. c. 100-601C)(2)(a)
for permission to erect sign
with insufficient front and side
yard setbacks at 11455 Main
Rood, Mattituck; bounded
north by VanRyswyk and
O'Neil; east by Mileska; south
by S.R. 25; west by Burgon;
County Tax Map Item No. ~ OF SUFFOLF~,
1000-142-2-17. t~' ~ ~'~'
8:20 p.m. Application of ~ ........... J
~tepaed J. Kmetz, Jr.~ ~2
- vma$~r~ve, nauo~,,ae. Nv ~svid H. Walker ~ing duly Sworn,
~ 11/~ lOt a Variance $~ fha ..............................
- ~mng oral~nce, A~: II1. ~ he is Printer and Publisher of ~e SUFFOLK
~. 1~31 tO construct dwel- ........
~ and/or ~ar yard spt~ek~ nt Y TIMES. a news~per publish~ at Gr~nport, in said
~5~ Gr~nway West, Orient.
l~ x; ~una~ north by Mc- ~nd ~at the noti~, of which ~e ~e~ is a ~int~
Coughlin; w~t by Gr~nway
W~t; south by E~emia; east iS ~en published in the s~d Suf~lk W~k~ Times
by Stuke; County Tax Map
Item No. 1~1~1-19. P~ch w~k, ~o~ ..... 0~.~ .................. w~ks
8:35 p.m. Recessed bearing -
Agnes Duun. rely ~mmencing on ~e .. ~.~. ...................
8:45 p.m. Application of
Herbert W. Davids. by Stanley ......... ~.
S. Co,in, Esq., ~4 Fi~t ~,~
Strut, Gr~n~rt, NY for a ................................
Variance to the Zoning Ordi-
nance, Art. III, Sec. 100-31 for
approval of insufficient area
and ~wj~bo ,d.. ~h"~'~ ..... ~.~'
',~'~onin" Ordinance, ^r.t. m,
...... or rmission to
Sec. 100-31 f ..pe · an
construct dwethng wtt.h, ,_
insufficient rearya~'d se~a~c.~
at 505 '
(and King o~r~,, - ·
NY; bound~ north br Vary
and rannenbaum~ w~t by
~oad; east ~ hh~
County Tax Map Item Ro.
l~-~-g-ll.
~:~$ p.m. ~ecess~
- Roy C. ~h~nhaar [or a~
proval of insufficient area,
width aed ~a [or pro~rt7
located at the south side o[
S.~. 25, Mattituek, R~.
Dated: May q, 1081.
BY o~DER OF
TH~ soUTHO~
TOWN BOARD OF
ApP~AB
3684-1TM7
before me this .... 7.'t~... I
...... .~.~-Y. ....... 19..8J.. ,
............... ...........
NOTARY PUBLIC, State ot New York
No 4707878, Sulfolk C~unt~
lerm Expires March 30, ]9~'
Main Road, Mattituck; bound-
ed north by VanRyswyk and
O Neil east b~.; south
by S.R. 25; west by Burgon;
County Tax Map Item No.
1000-142-2.17.
8:20 v.m. An~lication of
Stenhen J. Kmetz. Jr.. 652
Village Driv% Hauppau~e. NY
11788 for a Variance to the
Zoning Ordinanc% Art- IlL
Sec. 100-31 to construct dw~ll-
in~g with insufficient front
and/or rear yard setbacks at
~o ~reenway Westv Orient.
NY: bounded north by
. Coughlin; west by Groenway
West; south by Eufemia; east
b,y ~tuge~ County l'ax
Item No. 1000-15-1-19.
8:35 p.m. Recessed hearing-
Agnes Dunn.
8:45 p.m. Application of
Herbert W. Davids, by Stanley
S. Corwin, Esq., 634 First
Street, Greenport, NY for a
Variance to the Zoning Ordin-
ance, Art. 111, Sec. 100~31 for,
approval of insufficient area
and width of three proposed
parcels known as Seaswood
Acres Subd. Lots 25, 26 and
27, Filed Map #2575; bounded
north and west by Reese;
south by McDermott; east by
Seawood Rive; County Tax
Map Item No. 1000-79-7-64, 65
and 66.
9:00 p.m. Application of
Robert Ketcham, Box 295,
East Marion, NY for a Vari-
ance to the Zoning Ordinance,
Art. VI, Section 100-60(C)(2)
(a) for permission to erect
off-promises-advertising sign
at 6800 Main Road, Green-
port, NY; bounded north by
S.R. 25; west by Dobek; south
by Cowan; east by Pekunka
and Keefee; County Tax Map
ltem No. 1000-53-2-15.001.
9:15 p.m. Application of
Peter R. Stoutenburgh as
agent for Petrie Pascucci, 3075
Indian Neck Lane. Peconic, NY
11958 for a Variance to the
Zoning Ordinance, Art. Ill,,
Sec. 100.31 for permission to
construct dwelling with an
insufficient rearyard setback
at 305 Narrow River Road (and
COUNTY OF SLIFFOLK
ss:
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 thct the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man o~ce each week for ................ ~ ...................... weeks
successively, commencing on the ...... ...'~.. .........................
.................. ,
\s
Sworn to before me this ............... ~...~ ........... day of
King Street), Orient, NY;
bounded north by Darzy and
........ ...............
Notar~M~ublic
Tannenbaum; west by Mat-
thews: south by Harbor Road;
east by King Street; County
Tax Map Item No. 1000-26-
3-11.
9:25 p.m. Recessed Hear-
ing - Roy C. Schoenhfiar for
approval of insufficient area,
width and 280-a for property
located at the south side of
S.R. 25. Mattituck, NY.
Dated: May 4, 1981.
BY ORDER OF THE
SOUTHOLD TOWN BOARD
OF APPEALS
CHARLES GRIGONIS, JR.,
Chairman
IT. 5/7/81 (91).
Addendum to Legal Notice
5/14/81 Board of Appeals
Regular Meeting
On Monday, May 4, 1981 copies to:
Mr. and Mrs. Joseph Woolston
Mr. Karl E. Fransson
Ms. Odysseas Pyrovolakis
Mr. Stephen J. Kmetz, Jr.
Gruhill Construction Corp. for Mr. S. Kmetz
Stanley S. Corwin, Esq. for Mr. Herbert W. Davids
Mr. Donald Scott
Rudolph H. Bruer, Esq. for Mr. and Mrs. Peter Puric
Rudolph H. Bruer, Esq. for Mr. and Mrs. Alfred T. Young
Mr. David Strong
Mr. Robert Ketcham
Mr. and Mrs. Wilhelm Franken
Mr. Peter Stoutenburgh (for Perrie Pascucci)
Z.B.A. members
T.B. members
Supervisor
Town Attorney
Town Clerk Bulletin Board (posted April 30, 1981)
Appeal Files
James Eu~emia
I I Phelps Avenue
Cresskill, Nam Jerseg 07626
April 27, 1981
Board of Appeals
Town of Southold
Suffolk County
Long Island, N. Y.
Gentlemen:
I oppose the granting of a variance for a 35 ft.
rear yard instead of the required 50 ft. for Lot
35, msp of Green Acres at Orient, N. Y. because
it will have an adverse effect on the value of
my property.
Kours very truly,
'James E~femia
CC:
Gruhill Construction Corp.
3356 Route No. 112
Medford, N. Y. 11763
JUDITH T. TERRY
TOWN CLERK
REGISTRAR O} VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
April 20, 1981
To;
Southold Toqn Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
JTT/bn
Enclosures
Transmitted herewith is Zoning Appeal No. 2817 application of Stephan J. Kmetz
for a variance. Also included are notification to adjoining property owners,
notice of disapproval from the building inspector, short environmental assess-
ment form, and wetland questionnaire.
~ Clerk --~ ~
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To .~t'g'¢/../~/t~. · . :~.o..~.<9~-.....~____~..~ :..
... ~.;..3-7.(...../~z'.~..../z ~ ........
Or't%~-~,7- /kY. ~.
PLEASE TAKE NOTICE that your application dated .,~..,q/~..c/../-(.....~. ......... ,19 ..~..
County Tax Map No. I000 Section .... ~ f. ~... Block .'.q.< ........ Lot ~. d~ ........
Subdivisio~~ · Filed Map No. ~7~.~ ...... Lot No.. ~C: ........
is returned herewith and disapproved on the follow~g ~ounds .Z~.ff~Z~.~~
~ .... ~./~. =... ~e..9.a 7'...~oz~.. --
RVI/80
--'---- (o), In order to answer the questions in this short EAF it is assumed
that the preparer ~*iii use. currentIy ovoiIoble information concerning the
project and the Iikely impacts of the action. It is not expected that
odditionai studies, research or other investigations ~;Lll be undertaken.
(b) If any question has been answered Yes the project may be
signL£icont and o compieted Environmentai Assessment Form is necessary.
(c) If aII questions have been answered No it is likeiy that this
project is not significant. .! '..'"
(dj Environmental Assessment
1. Will project result in o large physical change
to the project site or physically alter more
than 10 acres of' land? ........................ Yes,
2. Will there'be a major change to any unique or
-unusual land form found on the site? .......... Yes
3. Will project alter or heve a large'effect'on . ~__~
existing body of water? ....................... , Y~s,
4.. ~'lill project have a potentially large impact
on groundwater quality? ....................... Yes
'. 5. Will project significantly effect drainage
-
flow on odS*cent sites? ........................ ~ Yes '
~. Will projec~ ~fect on7 threo~ened or .
endangered plant or animal species? ........... Ye~.
7. %'1ill project result in o major adverse effe~%
on air quali¢y?. .. ~.~ ............ Yes
8. %';ill projec~ hove o major effec% on visuol
character of %he community or scenic views or
v~stos known to:be imporion~ ¢o the communi¢y? 'Yes.
?. ['till projec[ adversely impoc¢ any site or
. structure of historic, prehistoric or
paleontological importance or any site
designated os o crt{teal envlronmen~ol e~eo
by 1 1 y? ' -- Yes
10. %~ill projec% have o major effec[ on exis¢ihg
....... Yes
or future recreational opportunities?. .__~ .,
11. %~ill projec% result i.n .major traffic problems
o~ cause o major effec~ ~o ex-is%lng .
tronspor¢o%ion sys%ems? ....................... Yes
12. %'1ill projec~ .regularly cause objectionable
odors, Dolse,' glare, viSta{ion, or elec{rlcol '.
disturbance os o result of the project's
~ ? - y
13. %'~ill projec~ have any impoc¢ on public health
or.safety7 .................................... .._Yes.
14. %'~ill pPojec[ a[fec% the ex,sting community by
15.
directly causing o gro~tth in permanent
population of more than 5 percept over o one
year period or have o major negative effect
on the character of the community or
neighborhoodV ......
Is there pubiic ~~'~~'ifi~'
project? ......................................
REPRESENTINC
. Yes ,~
(Today's Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal Application o.f ~
Location of Pr~operty. ~,T~g-
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) fj
[ ] May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at'least 100 feet in length.*
[ ] May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Nome of Appella.nt ~ , i-LL,t ,t.(~,~ Street an'8 Number J I ~' - ~
~'g ,.~' ~ HEREBY APPEL TO
~umclpahty State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. DATED.., .~.1~,... 1-'
WHEREBY THE BUILDING INSPECTOR DENIED TO
.............. A ....................... m..,: · .d ...... ..............
Name of Applicant for permit
o, .......................
Street and Numb~'r Municipality(/ Stile
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ~.'~,~....~?...'~...J~.¢f..cv'../,~'.~i.t,j.id~...~(.~.J.../~/~...~,~*.., ~
Street / Use District on Zoning Mop
..................................... ........
Mop 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 Chop. 62 Cons. Lows
Art 16 Sec. 280A Subsection 3
~-----~
4. PREVIOUS APPEAL A previous appeal (has~(has no~)been made with respect to this decision
of the Building Inspector or with respect to this property.
Such Gppeal was ( ) request for a special permit
( ) request for o variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(~./)
( )
is requested for the reason that
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because ~7~-'~ ~ ~.~-~6~./ ~./ ~
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
) ss
COUNTY OF '~UfiJ:~ ~
Sworn to this
Notary Public
WILLIAM E. WILLIAMsoN '.,
NotazT.,i~zbJie, State ~ New
Quaked ia St~ffo~c
Corem. Expires March 80, 19
BOARD OF APPEALS, TOWN OF SOUTHOLD
In Matter of the Petition of :
to the Board of Appeals of the Town of Southold :
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1. That if is the intention of the undersigned to petition the Board of Appeals or, the Town of Southold
to request a (V~iance) (Special Exception~ (Special Permit) (~e following relief: /~q~//.~ ~'/~/ ~C~
2. That the ~ro~ty which is the subject of th~Petition is I~ated adjacent to your property and is d~-
cribed as follows: ~.~,~ ~, ~ ~~>~ ~~ ~ ~
3. That the property which is the subject of such Petition is located in the following zoning district:
4. That by .such Petiti.on, the undersigned will request the following relief:
5. That t_~Lpro~visions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: ~ j?/ .~.~-~--~. ~-- /~O ~-~ f
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 beheard at such hearing.Dated: ~ /~'~ /'/c~. / /~~~~l
Atitioner~ ~ ' ' . j U~
Post Office Address
NAME
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
"~/· ~ , being duly sworn, depoSeS and sa~/s that on the ~ day ~' --
of ~ /~'~ ,19 g~ / , deponent mailed a true copy of the NOtice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current.~aassessmen~ rgll of the~ Town of Southold; that said Notices were mailed at the United States Post Of-
fice at ..'~7~*~ '2~, _~ - ; that said Notices were mailed to each of said persons by
(certified) (registered) mail. v
Sworn to before me this
day of ~
Notary Public
WILLIAM e. WILLIAMsoN
Notmy Public, Stale of Now
No. 52'4289900
Comm. Expires March 30,
o~
o~
Ar'
TOWN
Mop ~o.
cZ)
£00-10
yb'¢