HomeMy WebLinkAbout2813 ~0~
Sout~ mr~, ~attituck .4/23/8I~ ~
pool in the f~nt and/or side :
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOAI~D OF APPEALS
Appeal No. 2813 by application Dated March 18, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOW/~ OF SOUTHOLD
To Mrs. Cybil Kooper (By Arthur Siemerling)
South Drive
Mattituck, NY 11952
DATE 5~......./.al.
AppeLant
at a meeting of the Zon~r,g Board of Appeals on Apri 1 2 3, 19 81
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
( )Q Request for a variance to the Zoning Ordinance Art. III, Sec.
( )
100-32
the appeal
L SP~:~XIgB:[~~;gg~:~:~i~X~F'~:If~Y~X~::~,~g~n ( ) be
graded ( ) be denied pursuant to Article .................... Section .................... Subsection .................... para~aph
.................... of the Zoning Ordinance and ~e decision of ~e Building Inspector ( ) be reversed ( ) be
co~irmed b~ause Public Hearing: April 23, 1981: Application of Cybil
Kooper, South Drive, Mattituck, NY (by Arthur Siemerling) for a'
Variance to the Zoning Ordinance, Article III, Section 100-32 for
permission to construct swimmingpool in the front and/or side yard
areas at "Canoe Path," private road located st the end of South
Drive, Mattituck, NY; bounded no~th byi Skinner; west by Canoe Path;
south by Mattituck Creek; east b~ Nor{hridge. County Tax Map Item
No. 1000-106-11-23.
(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)
diffieultles
(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 (
that the previous decisions of the Building Inspector ( ) be cor~firmed ( ) be reversed.
) be denied and
CG:lk
FORM ZB4
ZONING BOARD OF APPEALS
By this appeal, appellant seeks permission to construct an
in-ground swimmingpool at premises fronting on Canoe Path, Matti-
tuck, approximately 105' from Canoe Path and approximately 85'
from a private right-of-way located at the north side of the
property, and approximately 51' from the existing barn at the
northeast corner of the premises. It is the feeling of the
Board that this location is most feasible.
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 practical
difficulty is unique; that no adverse effects will be produced
on available governmental facilities of any increased population;
and that the interests of justice will best be served by granting
the variance as applied for and SUBJECT TO referral to the
Suffolk County Planning Commission.
On motion by Mr. Doyen, seconded by Mr. Grigonis, it was
RESOLVED, that Cybil Kooper (by Arthur Siemerling) be ~ranted
a variance to the zoning ordinance, Article III, Section 100-32
as applied for in Appeal No. 2813 and SUBJECT TO referral to the
Suffolk County Planning Commission pursuant to The Suffolk County.
Charter.
Location of property: East side of Canoe Path, Mattituck;
bounded north by Skinner; west by Canoe Path; south by Mattituck
Creek; east by Northridge. County Tax Map Item No. 1000-106-11-23.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer,
Sawicki and Grigonis.
Page 2
Legal Notice of Hearings
Board of Appeals Meeting - April 23, 1981
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) ~ Greenport; bounded north by Casa~ west by
Burt~ south by C.R. 48~ east by McCann La ne; County Tax Map Item No.
1000-33-3-38 and 39.
8: 20 p.m. Application of Cybil Kooper, South Drive ~ Mattituck~ NY by
rthur Siemerlin9~ for a Variance to the Zoning 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~2m5 ~-.r%kiYe~?~irC.a~i~snqO.~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.
100-6013(1) (b), Art. XIV~ Sec. 100-144F for: (a) permission to change u~e of premises
and (b) permission to establish single-living unit within multi-dwelling (motel) at
premises known as 52325 C.R. 48 (North Road), Souttold~ NY; bounded north by
Soundview Ave. ;west by Main~ Kemper~ Zech and Larson! s?uth 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 Wyckoff Avenue~ Brooklyn~
NY (by Gary Flanner Olsen~ Esq.) for a Variance to the Zonin90rdinance~ 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 '
CHARI~S GRIGONIS, JR. , CHAIRMAN
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. ~ wes'~ by South0td ~quitie~ south by )4allgraf~ east by Beckwith Avenue
and Trax~eler Street; County'Tax Map Item No. 1000-6]-1-25.
~: 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 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 lVIastroianni 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 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 appr6val
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 )4alinauskas~ east by Conklin; County Tax Map
Item No. 1000-40-3-9.1 and 9.2.
F~ge 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. Wilhelm Franken
Ms. Mary Ann Mastroianni Grefe
Ms. Agnes Dunn
Ms. Sarah Rauch
Ms. Cybil Kooper
Mr. Arthur Siemerlin§ for Ms. Kooper
William H. Price, Jr., Esq. for North Fork Motel, Inc.
Gary Flanner Olsen, Esq. for Roy C. Schoenhaar
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ...~y~....K~,'z..... ;....: ...................... of ...South..Driv. e ...............................................
r~ame at ^ppe on~ Street and Number
.... ~,Z.,. .............. I"~R1Z~Y APPEAL TO
.................. .................................... Stye
THE ZONING BOARD OF APPEALS FROM THE DECISION Of: THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...Mar~..J, 5 ........ 81 ....................
WHEREBY THE BUILDING INSPECTOR DENIED TO
........... Aa~th*~r....S.~ emem&.~-~ .............................
Nome of Applicant for permit
of
........... ,%~a:c.~.b t ~:r.k .................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
IT FOR OCCUPANCY
Pe,.~it to cOr~t~'uCt ~J.~.~ing ~OOl in either side yard
18
LOCATION OF THE PROPERTY ~u~h~D~.iv~`~.~/~LL/.~t~.:.T.~.A~r~t~t:~ra~L~a~n~.~si~entia~`'`.~'~
Street Use District on Zoning Map
........ ~1 ......................................... .23 .......................
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 Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection :3
4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
t.._.)..~A~'~T~ce to the Zoning Ordinance
( )
is requested for the reason that~ermi8s;Lon to ~on~truct swimming pool in. ~o~t
yard in as much as there ~s inadeq',,ate room in ~tther of the
two existing rear yards,
~'orm ZBI (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
It would prevent us from putting In the desired swimming pool
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
of t!~e nature of the piece of pe~perty we have t~o side yards
neither being of adequate f:~.z~.~ to bou.qe the pool and there is
~;~ore %ban adequate room in the front yar~ out -~,f s~ght of any
neighbors.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because it d~e out o~ ~ighc by neSg.t:~ors and f~.ts
quite naturally in the sz~h~ se~ecte~.
STATE OF NEW YORK )
COUNTY OF~
ss
Signature
Sworn tn this ....ls.t ................................... day of ...... Ap.~il .................................... 19 81
JUDITH T. TERRY
· '~ c S~'~. cf NewYo~
Nob~7 P .... ~ ~
~^. 52.03~.40~f,3 Suf:oik
~mission ~pires March ~0~
COUNTY OF SUf~--O'i~-~'~.
DEPARTMENT OF PLANNING
(516) 360-5513
June 10, 1981
Town of Southold
Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant M,,n~cipal File Number
W/Mr. & Mrs. Richard A. Schlumpf
George L. Penny IV
Victor E. Catalano
James V. Righter
Mr. & Mrs. David Strong
Kenneth Brower
Southold Grange, Inc.
Sarah Rauch
Cybil Kooper
2786
2792
2794
2797
2798
2799
2804
2806
2813
GGN:jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
TOWN CLERK 765*3783
B~ilding Depf, 1
Planning B~. 765-2660
Board M Appeals
Town Of Southold
TOWN CLERK'S OFFICE
Meln Road
So'hold, N. Y. 11971
Pursuant to the C~eneral Municipal Lew, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1
and m, the ..!.D.a~.d..:o.f....~.:z.'.cfll:;- ............ of the town of Southold, N. Y. hereby refers the following
(agency involved1
proposed zoning action to 'l'he Suffolk County Planning Commission:
(check oneI
......... New end recodified zoning ordinance Ap~oeal Va. 281TM
............ Amendment to the zoning ordinance
............ Zoning changes
............ Special permits
South Drive
11-,
: a,,tl%, C -~ ~7,~ '"
......... :.. Variances /~rt. Iii, ~i:ec. ',~0-92
Location of altec'red land: ' ~ +~ ~' ~ ' ~ -~ " ' '~- '~' ~
..Ca~o.e..~..a.~.~.....~.rl~ .~.e ..~o~.. ,~o....,~.q~...~.~...~;. ..... ~...o.f .....
within ~ feet of: (check one or more) ~;outh ~ive, ~ t ~"
..... ~. Town or village bounda~ lin% or shore line (,,~ttltuck Creek)
............ State or cottnty road, parkway or expressway
............ State or county ,park or recreation area
............ Stream or drainage channel owned by the county or for which the county has established channel
lines
............ State or county owned parcel on which a public building is situated
Comments: A~oLic:r~nt ,,;~ , r,s~_tc~ oez~n, ission to construct swimming pool
in thc front and/or s:;de yard ~reas.
Date: ... 5,,f~/g'j ............................
(signed)
Ell :'? '~ """- ~
... e.en..= ...... u a.. ~.y. ~...T~J~D.Q ~al~y...~.~ cr.~t a ry
Title
Date received by Suffolk County Planning Commission .........................................................................
File No .................................
Today' s Date:
Members Absent~ if any:
Appeal No.
Agenda Item/Matter of:
Type of Variance or Appeal:
GCrharles
19oms
Resolution made by: (
Seconded by:
Action: ( ~'~pprove as applied for ( Deny as applied for
( Deny
( Deny without prejudice
( Withdrawn without
Prejudice
(
~%~%~obert~aerard
Doug~ss uoenrxnger baWlCil
(~ () () ()
() () () ()
( ) Approve with the following conditions:
(~'Subject to County Plannin9 referral
( ) Subject to Plannin9 Board approval
( ) Subject to D.E.C. re,qulations ( ) Other:
Findings of the Board are as follows:
If so~ %.
Hardship not sufficient
Hardship or Difficulty Not Unique
WiI1 set a precedent in the neighborhood
Area is already very congested
Interests of justice served by denyinG
Not Within the Character of the Neighborhood
Variance is Substantial in Relation to Code
Vote of the Board: Ayes: (/CG /SD
Nay: ( ) ( )
Abstain: ( ) ( )
Absent: ( ) . ( )
Other:
( [,,)/Granting the Relief Requested is within
s. pirit of the zoning code
(~)'"Rdief is not substantial
(~-~urden of hardship or difficulty shown
and is unique
(~)'"~ariance will not change character of
./the neighborhood
(I/)' Interests of Justice served by granting
( )
(
(
(
()
()
()
()
()
()
Notes:
Legal Notices
. LEGAL NOTICE
OFHEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 ot~fhe Town Law and the
Provisions of the Amended
Code of/he Town of Soulllold,
the following matters will be
held for public hearings by the
Southold Town Board of Ap-
peals at the Southold Town
Hall, Main Road, Southold,
N.Y., on Thursday, April 23,
1981:
parcel, iocated at the easterly
side of Queen Street, Green-
port, N.Y.; bounded north by
C.R. 48, west by Queen St.,
sou[~ by Maiinanskas east by
Co~iin; County Tax Map
Ito~ No. 1000-4~2-9.1 and 9.2.
~15 p.m. Application of
Sarah Rauch. 480 Inlet Lane,
Greenpart, N.Y. for a Var-
iance to the Zoning Ordinance,
Art. III, Sec. 10031 for permis-
sion to relocate existing dwel-
Jing with insufficient front- ~
yard setbacks. Location of -~
property: 68175 C.R. 48 (and p
McCann Lane), Greenport; ~'
bounded north by Casa, west
by Butt, south by C.R. 48, east
by McCann Lane; County Tax
Map Item No. 1000-33-3-38 and
39.
_J:20 p.m. Aoolication of {'
'C bil Kee er S ' ,
_M. att~ , i
~ 3970-1TA19
Item bio. 1~
~FP~r~. Application of
Motel, Inc., 52325
C.R. 48, Southold, N.Y. (Wil-
liam H. Price, Jr., Esq.) for a
Variance to the Zoning Ordi-
nsnce, 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) permis-
sion to establish single-living
unit within multi-dwelling
(motel) at premises known as
52325 C.R. 48 (North Road),
Soutbeld, N.Y.; bounded north
by Soundview Ave.; west by
Main, Kemper, Zech and Lar-
son; south by C.R. 48 (North
Road); east by Soundview
Ave. and C.R. 48; more par-
ticularly known as County Tax
Map Item No. 1000-135-2-23.
SUFFOLR, {
EW YORK, ~ ss:
J
~ Walker
......................... being duly Sworn.
.... is Printer ~md Publisher o! lhe SUFFOLK
~S, u newspaper published ~rt Oreenport, in sold
nat the nelic~, oi which the annexed is ~ printed
published in the sold Suitolk Weekly Times
week. tot .... O~.~ ................... weeks
sion, and approval of access
pursuant to New York Town
Law Section 280-a. Location of
property: South Side of Main
Road (S.R. 25), Matt/tuck,
N.Y.; bounded north by S.R.
25, west by Matt Agency;
Jarzombek, Roth and others;
south by Mellender; east by
Pumillo, Hallock, Steinhart,
Jackson, Bilianes; 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
:ore me this . .. J.6.th... I
................
~OTARy PUBLIC,, State of New York
~o. 4707878, Sutfolk Cou,tv
Term ~xp,es klarc{~ 30, }9~
9:00 p.m. Application of Roy
C. Schoenhaar, 315 Wyckoff
Avenue, Brooklyn, N.Y. (by
Gary Flanner Olsen, Esq.) for
a Variance to the Zoning vommencin9 on t~he ..... .16th ...............
Ordinance'Art' III' SOc' 100'31 "il 'area .~l~..;~.~y?y...~..,d~.: l~~
and Art. VII, Sec. 100-71 for .......... /
approval of insufficient
and width of two parcels in a ...............................
three-lot prol~6ed subdivi-
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
construct swimming pool in
sideyard area at 398 Tuthill
Road, Southold; bounded
north by Sautboff, 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 Duun, 276 Concord
Drive, HerefOrd, PA 18056, for
a Variance~ to the Zoning
Ordinance, ~rt. III, Sec. 100-
31 for app~val of insufficient
area of two parcels and in-
sufficient road frontage of one
parcel 1, located at the easter.
ty side of Queen Street,
Groenport, NY; bounded north
by C.R. 48, west by Queen St.,
south by Malinauskas, east by
Cunklin; County Tax Map Item
No. 1000-40-3-9.1 and 9,2.
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 set-
backs. Location .of property:
68175 C.R. 48 (and McCann
Lane), Greenpert; 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. Applicutio, Of
Cybil Kooner. South IIri,,~
Mattituek, NY by Arthur Siem-
~erling, for a Variance to the
' ~ontn~ uramance. Art. 111,
See. 100-32 for permission to
construct swimming pool in
the front and/or side yard
areas at "Canoe Path", priv-
ate road located at the end of
' South Drive, Mattituck. NY;
Patricio X, Vood, 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 once each week for ............ ~ .......................... weeks
successively, commencing on the ~ /o
day/o~....~ ....................... 1 9...<~....~
........ x................
Sworn to before me this .....~_......O. .................... day of
bounded n~rth by Skinner,
~ west by Canoe Path. south by
Muttituck Creekt east
Northridge; County Tax Map
8:25 p.m. Application of
North Fork Motel, inc., 52325
C.R. 48; Southold, NY (Wil-
lianl H. Price, Jr., F~q.) for a
Variance to the Zoning Ordin-
ance, Art. I, Sec. 100. I3B, Art.
VI, Sec. 100-60B(l)(b), Art.
X]V, Sec. 100-144F for: (a)
per~is~ien to change use of
premises and (b) permission tO
establish .~l~.!i ~w~'p ,z
jo p~oH oq~ o~oqsn~ o£ 'Z
:~ea~ iooq~s
Zg-186I oq~ ~o~ 00'00~'~I$
~o ~unome oq~ m. ~G~q!~i i~!
-~omaIAl s~o$o~I aq; q~!*~ saa!/t
-.~as :oJ ~e:;uco o; uo!leonpH
}o p:eo8 aql az].:oq;ne o£ 'I
:1!,~ ut 'suo!:~!sodo.td ~u!~OllOJ
aq; ua p[aq oq OSlU
$UllOA 'aaeld pue am!~ p!ns 1V
· sau!qaem 8u!1o,~ ua ;OHeq
aq 11!~ 8u!;oA .a:oA ~,abl 'aut
-dmeqlnos 'au~'l puela'l 'mn!
-:o~a~eD lOOqaS a;~!pam:aluI
aq; m. 'F~l'd R pue '~I'cl
~o s.~noq aql uaa,v, laq 'I~6I
'0Z ,(~I*l '~(~PsaupaM ua aaeld
aqe; ii!~ uo!leanp~t }o p:~o8
Notary Public
Skinn8 Pools Inc.
Box 108, Westphalia Road, Mattituck, N.Y. 11952
2984010
Southold ~own Board of Appeals
Southold
April 13, 1981
Dear Linda;
ItThas been brought to my attention that there may be some doubt
in reading my recent application for an appeal in the name of
Cybil Cooper, South Drive Mattituck. The variance request plainly
is for a pool to be constructed in the FRONT YARD of the house in-
asmuch as there is insufficient room in any other location on the
property..
Thank you, I hope this clears any confusi~.~'~,
"art Sieaier ling
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2S SOUTHDLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TZ,";,'; ',* TUT:::LL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER N.¥ ~'S.
Joseph H. Sawicki
NOTICE OF DECLARATION
PURSUANT TO
ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2813. Application of: Cybil Kooper
Location of Property in Question: South Drive (Canoe Path),
County Tax Map Item No. 1000- ~06-11-23. ~
Project Proposed by Appeal Application:
Mattituck.
Pool in front and/or side area.
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 pro~ect 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:
Copies
April 2, 1981. By Order of the Southold Town
to: Applicant/Agent Board of Appeals
Town Clerk Bulletin Board
~Appeal File
K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR Ol VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
April 1, 1981
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2813
a variance. Also included are notification to
of disapproval from the building
and wetland questionnaire.
JTT/bn
Enclosures
application of Cybil Kooper for
adjoining property owners,notice
inspector, short environmental assessment form,
Town Clerk
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No. Date ............... -/.' ./.~../.~ .~-! 19~../.
"~-~"", ~4 ,; 2:; '~ C
To ..~.~ ..... ~.' ...... :.~..?.~. ~; I
......... ~ . . .~.?.~Y.C~. . . ~ ~.~ .~ /~ ~ ~ ~'
~teASe TA~e NOTICE mat your application dated ............. ~./~. ~...
for pe~it to construct ..... S~.L ~ L't. .t. ~y. ~ .~... ~.q 9%.. ~.,. ~. %~ .' ....... at
Location of ~rop,rty .. .............. ~...q~ .... ~q~.. ~.'~5.. 4'"
Subdivision...~5...~.~ed Map No ...... ~ ........ Lot No..~..
is returned herewith and disapproved on the follow~g gounds ..... ~ ~.~.I)Y. ~..~& .......
/~/ ~,~/,'/v'/V'-'<.'/""- Building Inspector
RV 1/80
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1802
Examined ................ ,19...
Approved ................. 19... Permit No ............
Disapproved a/c .....................................
Application No ..................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
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
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
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 of Southold, Suffolk County, New York')other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or fgt/remp~al or demgl~tion/~s herein described.
The applicant agrees to comply with all applicable laws, ordinances, buildiffg cod6, housing c,6c16, ghd regulatigns, and to
admit authorized inspectors on premises and in buildings for necessary insy~ .~., .~~ .
(Signature of applicant, or name, if, a corporation)
. . . :. . . . .
(Mailing address of applicant) ~[1~ ~ ~
State whether applicant is owner, lessee, agentS, architect, engineer, general contractor, electrician, plumber or builder.
Name of owf~o~premises .f~.~.d .~.//~.....~. ~.~...~c.c~.]. ~/.~..~.-.~/....?.~.~.~...~., ~.~. ~. .....
/ ,J' // //~ (as on the tax roll or latest clued)
. ........
Builder's License No ..........................
Plumber's License No '~ ~
· ;o .... .....
Electrician s License .......... ~].> ..........
Other Trade's License No ......................
t. Location of land on which proposed work will be done ..................................................
......................... ......... ...............
House Number Street Hamlet
County Tax Map So. 1000Section .... L/i.// ............ Block ..l( .......... -... Lot...~...~..7~.. ........
Subdivision~..'.~J.~..~..~ .... 0.~..~.~.~ff ............ Filed Map No. . .~. ./ ......... Lot ..~.. .........
(Name)
2. State existing use and occupancy 9t~ premises and intended use and occupancy of proposed construction:
..L/
a. Extstmg use and occupancy . ~.. .................................................................
b. Intended use and occupancy ....................................................................
3. ~ ' ' Add~
Nature of'work (check which ap~able): New Building .................... Alteration . :. /.', .'...
Repair ..... -. Remol~[r· Demolition .. .... . Other Work ~00'.o [... ~.. ~. n/...~
~ _---- (Descnphon)
4. Estimated Cost 5.(~..~. 0 ................ Fee ....~../.~... .................... '..' .....
j ~ (to be paid on Ffling this application)
5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................
If garage, number of cars ....... ~. 7 ......
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 alterations or additions: Front ................. Rear ..................
Depth ...................... Height ...................... Number of Stories ......................
8. Dimensions of entire new construction: Front ............... Rear ............... Depth ...............
Height .............. ~Number of Stories .........................................
9. Sizeoflot: Front .... ~L3.(J ............. Rear.. ~.~...O .............. Depth . .?.~.CJ ...............
10. Date of Purchase ............................. Name of Former Owner .............................
11. Zone or use district in which premises are situated .....................................................
12. Does proposed construction violate any zoningl~w, ordinance or regulation: ................................
13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No
14. Name of Owner of premises/--(]:'.//.'~.,?,.....~..or~s~,~ Address .~0~'/~,. ~,'.,~. ...... Phone No. ~Y.g.'7(t.?.~ ......
Name of Architect ........................... Address ................... Phone No ................
Name of Contractor ?./~. 'i .~.~. ~..~),.,~ ............. Address A?~cv.'.7.~.,~-_ . Phone No..'~. ??.'-.Y.-."! ?. 7...
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate ail set-baak 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~K .... ~ ~
He is the
(. _~Con~agent, corporate officer, etc.)
of said owner or owners, and is duly authorize~ to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his knowledge and belief; and that the
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this . ~,~~::~ ~~~ ',~ /
~'~ '~u'~t~ .... t~gnature ox appncant)
being duly sworn, deposes and says that he is the applicant
T~ o~.~,~, y.
(L. OT
?
/
~¢e ~ ,~4op No. "ti.
SHOkT E~VIRONN{ENTAL 'ASSESSt~ENT FO~J~
S: '
INSTRUCTION
-- ('o) I~ order to answer tile questions in this short EAF
it is assumed
that the preparer ~.~ill 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 a completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this
project is not significant. -.
(dj Environmental Assessment '
'1. Will project result'in a 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. WiiI project alter or have a large'effect on
existing body of water? ....................... ,,, ,
4. ~ill project have a potentially large impact
on groundwater quallty? ....................... Yes .~o
· 5. ¥~111 project significantly effect drainage.
flow on adjacent sltes? ........................ Yes. .
f. ~111 p~oject affect any threatened or
endangered plant or animal specles? ............ ,Yes o
7 w ii p j t it i j dv
on air quality? .............. · ................. . SmY~NO'
, 8. wiii project hove a major effect on visual
character of the community or scenic vlews o~
vistas known to:be important to the community?. Yes/~o
~. ~ill projec~ adversely ~mpac~ any slie o~ .-
paleontological importance or any
designa¢ed as a c~1t/col environmental o~ea
by a local agency?. - ........... ' ...... Yes~o
10. Will p~ojec~ have a major effect on exis~ing
o~ future ~ecrea~ionol oppo~iuniii~s? .........
11. W~11 project result in.mojo~ ¢~affic problems ''
o~ cause a mojo~ effect to exlsttng
tronspo~ia~ion systems? ....................... Ye
12. Will project .~egula~ly cause objectionable
distusbonce as a result of the p~oject's
opero¢ion? ' Yes No
bli he l%h
13. %~ill projec¢ have any Smpoc¢ on pu c a
or.sofeCy? .................................... Yes
14. %~ill projec~ o~fec% Che exis~ins communi%y by
direc¢ly causing o gro%,~h in permonen¢
populo¢ion o~ more %hah 5 perceg~ over o one
year period ~r, hove o major nega¢ive effec¢
on ~he character of ~he community or
neighborhood?..~ ................. ~ .......... , Yes.
15. Is ~here publ~ ~nlroversy~oncernzng Che
pro~ec~? ................ ~ .............. ;--. ~es_
PREPARER S SIGNATURE
(Today's Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal Application of
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately __ feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however~ constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ] May be located within 300 feet of tidal wetlands;
~~i~d there is no bulkhead or concrete wall existing
the premises.
s not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items
not appear to fall within the
(*) in~ your property does
ju~dict~on of the N.Y.S.D.E.C.]
~Signature please)
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
NO.
DATE March 18,
I, (We)...C.y. bi.],..K4D(~pez ................................. of ..S.o,u.t;.h..D.~'.i..~..¢ ................................................
Name of Appellant' Street and Number
.............................................................................. ..N..,.Y..... ............... I"I%'RE~Y APPEAL TO
M~tt t't~C~unicipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION C~ THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...M...a..r...c..h.....1..5. ........ .8...1. ....................
WHEREBY THE BUILDING INSPECTOR DENIED TO
18
.......... ~.t~ur...$ieme~.li~g ..............................
Name of AppJicant for permit
of
.......... ~ia~.~i.t.~ k .................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) /PERMIT FOR OCCUPANCY
Permit to construct swimming pool in either side yard
I. LOCATION OF THE PROPERTY .So~'h...Da;i.v.e..y..~..~....T~...,.....Agr.ig~),J;.~]C~%;~....a..n...d....R...e.D.~dential_ -
Street Use District on Zoning Map
....... ,4.L ......................................... 23 ........................
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.)
Articl~ ITT 10(]- 32
3. TYPE OF APPEAL Appeal is made herewith for
( xk 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 not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
~ Variance to the Zoning Ordinance
( )
is requested for the reason thatPermission to construct swiping pooi in £ront
yard in as much as there is inadequate room in either of the
two existing rear yards.
]~orm ZB! (Continue on ather side)
REASON FOR APPEAL Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because
It would prevent us from putting in the desired swimming pool
OV~-- '<)j~o.~ / .u ~,~ ,.,,?~,/~/ . ///~7~ ~ ~ ~
2 The hardshipcreotedis UNIQUE andisnotshored by all properties alike in the immediate
vicinity of this property and in this use district because
of the nature of the piece of property we have two side yards
neither being of adequate size to house the pool and there is
more than adequate room in the front yard out of sight of any
neighbors.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because it is out of sight by neighbors and fits
quite naturally in the sight selected.
STATE OF NEWYORI( )
COUNTY OF~I ss
Sworn to this ....l~t ................................... day of ....... April ....................................19 81
Notary Public, S~n~e of New York
No. 52-0344963 E, uffoik Coun,'?,i~'~
~ommlssion Expires March $0, 19~*-'~
BOARD OF APPEALS, TOWN OF $OUTHOLD
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 Io~at~d adjacent to your property and is des-
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 Petition, the undersigned will request the following relief:
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed :
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 ~'anted, a public hearin~ must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at lea~t five days prior to the date of such
hearing in the Suffolk Times and in the Lonj~'Jsland TrRyeler-Mattituck W~chman, newspapers published in the
Town of Southold and designated ~or ~'P'ti ,.b~ tlgii 0f q~,"''h netkes; that Y99 or ;/our representative have the
right to appear and b he rd t such hca!ring, i ' ~'~ .
~Petittoner
Post Off]ce Address
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
P27 3369172
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE C0VERA6E PROVIOE0--
NOT FOR INTERNATIONAL MAIL
(See Reverse
P27
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE FOOVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
POSTAGE
~ ~c,,~L ~EU~-- -
~ RESTRICT~D~ELiVERY -- ¢
~ ~-~GATE DELIVEREO ¢
SH~ TO WH~TE ~
~ ~ mLI~RY
I
SS.:
~" ~. ~~~ , reSiding at ~ ~
~--/~'~'~/~ , , being duly sworn, depOses and says that on the ,,/-~'day
of -~ ,19~/ , deponent mailed a true copy of ~Notice set forth ~n the re-
ve~ side hereof, ~ecte~ to each of the above-named pe~ons at the addre~et~pposite thor respective
name; that the addresses set opposite the nam~ of said persons are the~dr~ses~f said persons~ shown On
the current ass~sment r~ll ~f the Town of Southold; that said Notic~ere mai~d at the Unite~ates Post
rice at ~~~ ; that said No~'~re ~1~ to each of~ persons by
(ce~ifl~) ~ mail: ~ ~~
Sworntob~,~th~~ Y~ -
day of~, 19 ~/
STATE OF NEW YORK )
COUNTY OFSUFFOLK)
N~ 5~-03~9~ Surfak ~u~
Notary Public
]'H T. TL,,iIY
Nom~ Pub c, State of New Yot~(
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals
765-1809
TOWN OF SOUTHOLD
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
. Southold
the ....Bg.a.r.d..o.f..Ap?.e. al..s .................. of the town OT ..............................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance
................ Amendment to the zoning ordinance
................ Zoning changes
................ Special permits
....X.,.X. ...... Variances Art. III~ Sec. 100-32
Appeal 2813
Cybil Kooper
Canoe Path (South Drive)
Mattituck~ NY 11952
Location of affected land:...S..O..U..t..b:..e..a...s.t....e..n..d....o..f...S..o..~..t..h...D...T..i.¥..e..t...i~....a..t..t.; ....1..0..0..0..-2]: .0..6..~.]: .1.-...2..3' ......................
within 500 feet of: (check one or more)
....X...X. ...... Town or village boundary line, or shore line iVJa ttituck C reek
................ State or county road, parkway or expressway
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which e public building is situated
Date: April ~ 1981.
(signed)
Llnda F. Kowalski~ Secretary
Ut/e
765-1809
Date received by Suffolk County Planning Commission ....................................................................................
File No .................................
84 A(=)
29.3 A (c)
~R/W-(20')
d54
25
t.sA[cl
3136
5°2
1.2A(c)
I$
1.8
%7
2.0A(c)
1.3A{c )
FOR PARCEL NO
SEE SEC NO 113 '
l
~-706-014-- ~ ;[~85.Z0O
MATCH -
LINE
I Q COUNTY OF SUFFOLK Tow_._op_ SOU_T_H_OLD___. SECT'O~O
~,oo ..... 4o? Reap Property Tax Service Agency ~!L.L_~9~OF -' ' J 06
County Center gIS'[ RICT NO. lO00
j Riverhead, L I., New York
/o 4 -//-,2 3