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Home My WebLink About2821 TOWN OF SOLVTHOLI), NEW YORK ACTION OF THE ZONlr~G BOAI~D OF APPEALS Appeal No. 2821 by application Dated April 22, 1981 ACTION OF TITE ZONING BOARD OF APPEALS OF THE TOWN OF $OUTHOLD To Peter and Helen Puric 1250 Second Street New Suffclk, NY 11956 Appellant at a meeting of the Zoning Board of Appeals on May 2 7 · 19 8 1 was considered and the action indicated below was taken on your ( ) Request for variance due to [ack of access to property ( ) Bequesg for a special exception under the Zoning Ordinance (X) Bequest for a variance to the Zonillg Ordinance Art. I II, ( ) Sec. 100-31 the appeal granted ( ) be denied pursuant Zo Artiste .................... See,ion .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Buildlug Inspector ( ) be reversed ( ) b~ confirmed because Public Hearing: 5/14/81: 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 permzssion to construct addition to dwelling with an insufficient rea,yard 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 ~ttorney). (SEE REVERSE SIDE) 2~ VARIANCE. By resolution of the Board it was determined that (al Strict application of the Ordinance (~vould) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties (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) (el The variance (d6es) (does not) observe the spirit of the Ordinance and (would) change the character of the district because .~(SEE REVERSE SIDE) (~vould notl 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 ~G :lk ZONING BOARD OF APPEALS FOBM ZB4 By this appeai~ appellants seek permission to construct an addition and square off the rear portion of the existing one-family dwelling~ leaving a rearyard setbaok of approxi- mately 29 feet and maintaining the southerly sideyard at two feet~ The premises in question has 40.40 feet in width and 101.~2 feet in depth~ containing approximately 4,100 square feet in area° The Board finds that the character of the neigh- borhood is similar to the instant parcel. The Board finds %hat 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 govern-- mental 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 requested relief. On motion by Mr. Goehringer, seconded by Mr. Douglass, it RESOLVED~ that Peter and Helen Furic be granted a variance to the zoning ordinance, Art. I~i, Sec. 100-31 applied for in Appeal No. 2821~ SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the total structures on the subject parcel not exceed 20% lot coverage; (2) That the deck addition shall not be permitted to be constructed closer than 6 feet to the southerly sideyard property line; (3) That this matter be referred to the Suffolk County Planning Co~mission pursuant to Sections 1323, et set of the Suffolk County Charue_ rules and regulations Location of Property: 1250 Second Street, New Suffolk, NY; C~unty Tax Map It~ No~ 1000-117-7-23. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Gr_gonms. ECmlVED AND FILED B ~ SOUTi{OLD TO~VN ~,LERK Town Clerk, Tovm o~ Somr~o!d APPROVED LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of ~he 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 Southold Town Hall, Main Road, Southold, NY on Thursday, May 14, 1981 commencing at 7:00 p.m. and as follows: 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 West Hartford, CT 06107 for a Variance for approval York Town Law Section 280-a. Location of property: Fishers Island, NY; more particularly known No. 1000-3-6-4 and bounded north by Prfvate west by Fishers Island Development Corp. Dodge Drive, of access, New Private Road, as County Tax Map Item Road; ~south east and 7:15 p.m. Application of Oydsseas Pyrovolakis, 83-16 170th Street, Jamaica, NY 11432, for a Variance to the Zoning Ordinance, Art. IIt..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. tII~ Sec. 100-31 for permission to construct addition to dwelling with insufficient front and rear yard setbacks at the northeast corner of Beachwood 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 Appeals Regular Meeting of May 14, 1981 legal adv. (by Rudolph H. 7-45 p.m. 7:35 p.m. Application of Alfred T. and Audrey M. Young, North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Art. VII, Sec. 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 Matlgraf; west by~ Southold Equities and Plyko; south by Bucci; east by Beckwith Avenue; County Tax Map Item No. 1000-61-1-23. Bruer, Esq. as attorney). 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 ~ddition 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 ~ Variance to tha 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 Starkme; 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 permmssion 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.Ro 25; west by Burgon; County Tax Map Item No. 1000-142-2-17. 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 construct dwelling with insufficient front and/or rear yard se%backs 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. Page 3 - Board of A~eals Regular Meeting of May 14, 1981 8:35 p.m. Recessed hearing - 8:45 p.m. Application of Corwin, Esq., 634 First Street, the Zoning Ordinance, Art. III, Agnes Dunn. Herbert W. Davids, by Stanley S. Greenport, NY for a Variance to Sec. 100-31 for approval of insuffi- north and County cient area and width of three proposed parcels known as Seaswood Acres Subd. Lots 25, 26 and 27, Filed Map ~2575; bounded west by Reese; south by McDermott; east by Seawood Rive; 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 insufficier~c rearyard setback at 305 Narrow River Road (and King Street), baum; west bv Matthews~ County Tax Map Item No. Orient, NY; b~unded north by Darzy and Tannen- south by Harbor Road; east by King Street; 1000-26-3-11. 9:25 p.m. Recessed Hearing - Roy C. Schoenhaar for approuat 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 APPEAZ CHARLES GRIGONIS, JR., CHAIRPLAN 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. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTI:IOLD, N.Y. NOTICE OF DISAppROVAL File No ................................ To ..~..~.....~. .... ~..~..,....~..~.. ~. ..... %... ~?...~......~...~ PLEASE TAKE NOTICE that your application dated .............. .~0,~.. _.../~.,., 19 .~... Location of Property ..... .~..~. ........ ~..O~5. · .~ - .~..../ ...... -~-./~... ~..~.../.~ County Tax Map No. 1000 Section ..... {..{-5---Block ...... .~. ..... Lot ....~-~.~. ........ Subdivision ................. Filed Map No ................. Lot No .................. returned herewith and disapproved on the following gl:ounds .~..~~ . .~...~ .... ,f~d ......... ..~...~.~i...~..0..~.-..3../.ffff~/~. ..................... RV 1/80 Building Inspector ?OWN OF SOUTHOLD, NEW YORK APPEAL FRO/~ DECISION OF BUILDING INSPECTOR NO. DATE ..... .4../...2..2./_8._1. ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (we) .................... .............................. Name of Appellor~t Streef and Number New Suffolk N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF 'THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....4../..1...7./..8..1. ................................ WHEREBY THE BUILDING' INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipalit~ State ( ) PERMIT TO USE ( ) PERMIT FOE OCCUPANCY (X) PERMIT TO CONSTRUCT ADDITION TO DWELLING 1 LOCATION OF THE PROPERLY' -i256 Second St., New Suffolk, N.Y. "A"-Res. Street Use District on Zoning Map Suffolk Co. Tax Map: 1000 - 117 - 7 - 23 Map No. Lot No. 2i PROVISION (S) OF THE ZONING ORDINANCE AI~PEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-31 3L TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) 'A VARIANCE d~e to Vlack of acces~ ]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 (X) A Variance to the Zoning Ordinance ( ) iS requested for the reason tJtot Applicant desires to construct an addition to his e_x~isting residence. ~ ZB! (Continue on other side) REASON FOR Al'PEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant would be unable to construct addition to dwelling. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate ~icinity of this property and in this use district because Appli,?ant only ,wants to square off the size of his house and add a 10 foot deck, leaving a rear yard Of appr°Xi~na~ely-29 feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT bemuse the majority of the properties in the immediate vicinity of this property are of non-conforming size. STATE OF NEW YORK ) COUNTY .OF SUFFOLK ) ' $ignatura Rudolph I{. Bruer, Attorney for Applicant Sworn to this .............. .2..2...n..d. ....................... day of ..................... .A.~.,r..i...1. ....................... 19 81 ~!ARY DIANA FOSTER ~ ~OTARY PUBLIC, State of New York Commission Expires March 30. 1~ ~ RONNE'S HOME IMPROVEMENT',-: 645 Jernick Lane ,~OUIHOLD, NY tt97t Dec ,¢ /~" 0 S oarn oI .n.l]l]eals 'rotan ol .%nlhold DEPARTMENT OF PLANNING Town- of Southold Board of Appeals (516) 360-5513 Boarfl P. pp !s To? n ol outhold LEE E. KOPP£LMAN DIRECTOR OF PLANNING October 9, 1981 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 Comm4ssion 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 Municipal File Number Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric/ David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman Susan Trentalange Keith & Arden Scott McCamy Charles Bocklet Peconic Corporation Frank Battel Colonial Corners, Inc. Phebe Bridge Estate Peconic Bay Gardens Inc. Warren Sambach Margaret McGowan Kenneth & Judy McFall Gladys Bayles John Lee Sonny Brown GGN:Jk 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 2834 2835 2837 2839 2843 2845 2849 2852 2853 2864 2865 2873 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN I~r"IAD- STATE 1~I3AD 2~ SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ~j~__Variance from the Zoning Code, Article III , Section100-31 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Appeal No.: 2821 Applicant: Peter & Helen Puric Location of Affected Land: 1250 Second St.~ Nel~ Suf£olk~ County Tax Map Item No.: 1000-J17-?-23. Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) cutchogue Harbor State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to 5/14/81. At a meetin~ of 5/27/8J~ applicants were ~ranted a variance with conditions. Copy o~ dec~siom Copies of Town file and related documents enclosed herewith for your review. Dated: 0ot0ber q, J98~ /fi?~-~ ~- Secretary, Board of Appeals Today' s Date: TUESDAY, MAY 27, 1981 Members Absent, if any: Appeal No. 2821 Agenda Item/Matter of: PE'fE~_..PURIC Type of Variance or Appeal: Addition Resolution made by: Seconded by: Second St i, New Suffolk GCharles ~%~% Robert ~ G~rard Ose Douglass oenr nger r]goms ( ) ( ( ) (x) ( ) ( ) ( (x) ( ) ( ) Action: ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) (X) Approve with the following conditions: (see findings) %= not to exceed 20~ lot coverage 2. deck to be 6' from south side (X) Subject to County Planning referral ( ) Subject to Planning Board approval ( ) Subject to D.E.C. reclulations ( ) Other: Findings ofthe Board are as follows: Addition am proposed may exceed 20~ lot coverage. Restriction for lot coverage if approved to prevent congestion. Propose%~'2,- ~ideFard: and 29' setback in rear, (29' per appl.?) Other: Not Within the Character of the Neighborhood Variance is Substantial in Relation to Code If so~ %. Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Vote of the Board: Ayes: (X).CG (]~ SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) Notes: (see above findinKs) ( ) Granting the Relief Requested is within , ..~pirit of the zoning code (/-'J Relief is not substantial ( ) Burden of hardship or difficulty shown and is unique //)/Variance will not change character of the neighborhood ) Interests of Justice served by granting ) ~) RD ~) GG (X) SS () () () () () () () () () Advised Diana 5/28/81. Tioday-' s Date: i~lembers Absent, if any: Appeal No. 2821 . . Agenda Item/Nlatter of: PET~g PURIC Type of Variance or Appeal: Addition to dwelling with Resolution made by: Seconded by: Action: Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) insufficient rearyard. Second St., New Su---f-f-6I~ .... GCharles Robert rlgoms ~%~en ^ Gerard Doug[ass ~awtcK1 ~oenr %?fler Joseph. ( ) ) ( ) (~) . ( ) ~Approve with the following conditions: (~S~ject to C~unty Pla~nin9 referral ( ) Subject to Plannin~ Board approval ( ) Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Addition as proposed may exceed 20% lot coverage. Restriction for lot coverage if approved to prevent congestion. Proposes 2~ sideyard, and ~2~//(?) setback in rear. ~ fr~aJter~e~of c%/~.~ ,] Other: ( Not Within the h th% /Neighborhood ( Granting the Relief Requested is within ( Variance ,is Substantial in Relation to Code spirit of the zoning code ( (, ( ( ( ( If so, %. Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Vote Of the Board: Ayes: ( L'~/CG (~fSD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) ( Relief is not substantial ( Burden of hardship or difficulty shown .,and is unique (~ / Variance wilt not change character of the neighborhood ( ) ( ) () () () () () () () () () Interests of Justice served by granting Notes: (see above findinqs) ~OD¥ _ 645 Jer~iCk Lane ~OUTHOLD, NY 11971 ing into a two~fa~y--c~welling in a 1~-1 District. ~tinn of ~y: ~5 ~ Ave- nu~ ~hold; ~d ~fiRies ~d ~y~; *~th by Bu~; ~ by Bec~ Ave- nue; County T~ Map Rem No~ 1~-61-1-~. ~ Rudolph H. Bmer, ~. as a~omey). 7:~ p.m. Appl~ion of ~er ~o Helen ~c, ~ ~ a V~c~ tO the -~ninn ~ A~ ~n~ru~ ~difion to dwellino ~th ~ ~su~fient ~ard s~b~k at 1~ Se~nd a~ew ~u~lk, N~; ~d6d p~vate ~ht~f-wav: ~u~ ~y); /:~ p.~ App~ of W~helm Fr~ken. 75 Ca~ll St~, B~H~, NY 11~1 for a V~ to the ~ning ~d~, A~. IH, S~. 1~- 32 ~ ~sion to build g~e ~ ~e ~t. side ~d ~ ~ ~ at ~ T~n ~e, ~, ~; ~d- ~ ~ by ~; ~ by R~; ~ .by W~sm~n; DaSd S~, ~ 1~/M~- ~ ~, ~ a S~ COUNTY OF SUFFOLK STATE OF NEW YORK Patricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for .............. ..~ ....................... weeks successively, commencing on the ...... ~ ......................... Sworn to before me this ...... ~...~ .................... day of Notar~ Public 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 7:~ p.m. Application ~ t · T~ ~,'~a ~ ~ ~mnct~t ~nt and side ~ ~or a Va~ ~ ~ ~ wire an insufficient rem~ard ' ,,~ L New Suffolk, I~ i botmded, .. private right-of-w~ g: south by 71 Bruer, 1~. as aU ~rnev). .~r 7:55 p.m. ApE lication of Wilhelm Franken. 75 Carroll HO street, Brooklyn, NY 11231 for a Variance to the Zoning Ordinance, Art. II1, Sec. 100-32 JIZ .~ for permission to build garage I in the front, side and rear yard at3~5 Narrow River Road NY; bounded north by Darzy and Tannenbaum; west by Matthews; south by Harbor SUFFOLK, ] '~:W YORK, ~ ss: J - Roy C. Schoenlmar for ap- proval 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 ti pu,blished in the amid Suffolk Weekly Times reek, for .... Q~Lq. .................. weeks ~mmencing on the :; .... re me this ... 7.th .... areas at 830 Tarpon Drive, Greenport, NY; bounded north by Sterkie; west by Resse; south by Weismann; east by Southold Shores Ass'n; County Tax Map Item Nes. 1000-57-1-8 and 9. 8:f0 p.m.' Application of David Strong, Box 1033. Matti- 3684-1TM7 HELEN K. DE VOE NOTARY PUBLIC, State of New York No. 4707878, Suffolk Ceuntv Term ExplresMarch 30, Wal..k.e.r. ................ being duly Sworn. is Printer and Publisher of the SUFFOLK Road; east by King Street; ',E ' County Tax Map Item No. S, a newspaper published at Greenport, in said t000-26-~11. 9:25 p.m. Recessed Hearing tclt the notice, of which the annexed is a printed Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1'1cJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRtNGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2821 Application of: Peter & Helen Puric Location of Property in Question:1250 Second Street, New Suffolk, NY County Tax Map Item No. 1000- 117-7-23 Project Proposed by Appeal Application: addition to a non-conforming sized one-family dwelling with insufficient rear yard 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 property in question appears to be located within 300 feet of tidal wetlands but the wetland area 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 appli- cation. Dated: April 23, 1981. BY ORDER OF THE SOUTHOLD TOWN Posted on Town Clerk Bulletin Board BOARD OF APPEALS JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 April 22, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2821 application of Peter & Helen Purie for a variance. Also included are notification to adjoining property owners, notice of disapproval from the building inspector, short environ- mental assessment form, and wetland questionnaire. JTT/bn Enclosures MAIN ROAD SOUTHOLD, NEW YORK 11971 April 14, 1981 Town of Southold Building Department Town Clerk's Office Southold, New York 11971 Attention: Mr. George Fisher Building Inspector Re: Peter and Helen Puric 1250 Second Street, New Suffolk, Tax Map: 1000 - 117 - 7 - 23 Dear Mr. Fisher: We are the attorneys for Mr. and Mrs. Puric. It is their desire to construct an extension to the existing dwelling and a 10' X 10' deck. We are enclosing a survey showing the existing dwelling and a sketch of the proposed additions. Please advise us whether your office will, upon our formal application, issue a Building Permit for the pro- posed construction. Thank you for your cooperation in this matter. RHB/df Encs. Bruer .... (-o) ],~ order to onswer the questions in this short E^F it is ossumed tho! the preparer ;'till use currently available information concerning thc 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 signif'icont and o comp'leted £nvironmentol Assessment form is necessary. (c) If oll questions hove been answered No it is Iii<ely that this project is not slgnificont. (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 x No 2. Will there be o major change to any unique or -unusual land form found on the site? .......... Yes x No 3. Will project alter or have e large' effect on existing body of water? " Yes x No 4. Will project have o potentially large impact on groundwater quality? ....................... Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes X No. 6. Will project affect any threatened or endangered plant or animal species? ........... _ Yes X No ?. Will project result in o major adverse effect x No 8. 15. ro'ect? ---'- ..... P .) - -..-- - -~ .................... . ....... .,% PR E P/~P,E P, S SIGNA~URE~ ~" .- . REPI~ESENIING. Peter &/H~len Puric. ~ . DAlE 4/22/81 on air quality?.. ' .......... {.1...: .... Yes Will project have'~'moj2; effect on vzsual ''' character of the community or scenic views or vistas known to:be important to the community?.. Yes x No 9. %'/ill project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental oreo by a local agency? ............ ~;...v¥.v.....~..a..~ Yes x No 10. Will project hove a major effect on existing or future recreotionb] opportunities? ......... Yes X No 11. Will project result' in .major traffic problems o~ cause o major effect to existing transportation systems? .......... Yes x No Will project .regulerl couse ' odors, noise, glare, vibration, or electrical disturbance os o result of the project's operation? ' Yes X No 13. %Viii project 'hove any impact on public health ' or.safety? .................................... .14. %Viii project affect the existing community by directly causing o growth in permanent population of more than 5 percegt over o one year period or hove o major negative effect on the character of the community or neighborhood? ................ _ ____.......-- Is there public controversy'concerning'the Yes. X No Yes x No Yes X No To: Re: 4/22/81 (Today's Date) Sou~hold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Peter & Helen Puric Location of Property: 1250 Second Street~ New Suffolk~ Suffolk Co. Tax Map: 1000 - 117 - 7 - 23 N.Y. 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 leas~ 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 w~thin 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. Ix ] [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises, as premises are not adjacent to tidal wetlands. Is not located within 300 feet of tidal wetlands to the best of my' knowledge.* not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APP~EALS, TOWN OF SOUTHOLD, N. Y. DATE.. 4~22./.8l / 1, (We)Peter & Helen Puric of 1250 Second Street Name of Appellant Street and Number ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF 'THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....4../..Z..7./..8..]: ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Peter & Helen Puric Name of Applicant for permit of 1250 Second Street, ~..ew Suffolk, N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PF. RMTT TO CONSTRUCT ADDTTIOL, I TO DWET..LTI,~G 1. LOCATION OF THE PROPERTY 1250 Second St., New Suffolk, N.Y. "A"-Res. Street Use District on Zoning Map 7 - 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.) Article III, Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 end was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Applicant desires his existing residence. to construct an addition to ~orm Z~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant would be unable to construct addition to dwelling. 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 Applicant only wants to square % off the size of his house and add a 10 foot deck, leaving a rear yard of approximately 29 feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the majority of the properties in the immediate vicinity of this property are of non-conforming size. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Sworn to this .............. .2,.2...n..~. ....................... day of ..................... .~.~..~.,~'.]: ....................... 19 81 ~ARY D~ANA FOSTER ~OTARY PUBLIC, State of New York No 52.4655242, Suffolk Cotmty Commission Expires March 30, 19. ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : P~.TER & H~LEN PURic ~ : 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 $outhold to request a (Variance) (~411~l¢:la~c~3l~lr~al:~Je~3:)x:f~l~a~-f~q~q~xi~l:~3c 2. That the property which is the subject of the Petition is located adiacent to your property and is d.es- cribed as follows: See attached photocopy of survey 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential 4. That by such Petition, the undersigned will request the following relief: Permission to construct an addition to a non-conforming size one-family dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III, Section 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such heaNng in .the Suffolk ~Times and in the Long Island Traveler-Matthuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right toapPear and be heard at such hearing.Dated: April 22, 1981 ~/~~~~ ~n~ner ~u~o~p~ H.~Bruer, Attorney / ] for Petitioner Post Office Address Main Road Southold, New York 11971 NAME PROOF OF MAILING OF NOTICF ADDRESS Mr. & Mrs. Gilbert R. Capaldo 1150 Second Street New Suffolk, New York 11956 Egnas Benick New Suffolk, New York 11956 New Suffolk, New York 11956 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary Diana Foster , residing at (No ~) M¢Cann La., Greenport, N.Y. , being duly sworn, deposes and says that on the 22nd day of April ,19 81 , 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 assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at $outhold, New York ; that said Notices were mailed to each of said persons by (certified) (rs~,a-seR) mail. Swor~'~'e~e me this 22nd RUDOLPH H. BRUER NOt~y Public, Stere of N_ew y(~ lq~' March 30, Mary Dia45a Foster $ 'c~ RD. (503 ~ ~o 6 SEE M A T C~H.. ' ' FOR P2RCEL NO. 6 4 7 SchOOl 2.2.~ 5 I0 5o' t6 5.5A(c1 CUTCHOGUE TO"~N '" ~ OF souTUo~ t.6A[c) 22 TOWN 9 ~ 2.0A(c j PECONIC :/ BAY