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HomeMy WebLinkAbout2842 Appeal No. 2842 by application Dated June 10, 1981 . ACTION OF TI{E ZONING BOARD OF APPEALS OF THE TOVv-N OF $OUTI~OLD To Amelia Vaskel is P.O. Box 522 Southold ,NY 11971 Appellant at a meeting of the Zoning Board of Appeals on J1/lM 9 was considered and the action indicated below Was taken on your ( ) Request for variance due to lack of access to property ( ) Request for ~ special exception under the Zoning Ordinance ( ~ Request for a variance 1o the ZoDJng Ordinance Art. III ( ) 1981 Sec..100-31 the appeal gra~ed ( ) be de~ed pursuant to ~ticle ............... 2... Sect~n .................... Subsection .................... paragraph .................... of We Zoning Ordinance and the decis~n of the Building I~pector ( ) be reversed ( ) he confirmed b~a~e Public Hearing: 7/9/81: 7:15 P.M. Application of Amelia Vaskelis , P.D. Box 522, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec.100-3L for permission to construct dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates Subd. Filed Map $5337 Lot 22; County Tax Map Item No. 1000- 70-3-16. (c/o Inland Homes, Box 117, Mattituck, NY). (SEE tLEVERSE SIDE) 2. VARIANCE. By resolution of the Board it Was determined that (a) Strict application of the Ordinance (would) (would no~) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) urdque and (would) (would not) be sha~ed by all properties a/ike 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 ~f the distrlet because (SEE REVERSE SIDE) Cwould not) and therefore, it was further determined thai the requested variance ( ) be granted ( ) be dertied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk FORbI ZB~ ZONING BOARD OF APPEAL~ and After investigatio~ and personal determines as follows: inspection, the'Board finds By this appeal, appellant seeks permission to construct new one-family dwelling with an insufficient rearyard setback of 43' in trying to maintain frontyard setbacks of 50 as required by the zoning code. The premises in question contains an area of 21,250 square feet with 170' road frontage along Jernick Lane and 125' along Oaktawn Avenue. The dwelling proposed is approximately 92' by 32' The Board agrees with the reasoning of applicant. The Board finds that the relief requested is not substantial in relation to the Code requirements; that the relief would not change the character of the neighborhood; that no adverse effect will be produced on available governmental facilities of any in- creased population; that the hardship or practical difficulty is unique and not self-imposed; and that the interests of justice will be served by granting the relief as. requested. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the relief requested in the application of Amelia Vaskelis (by Inland Homes, Inc.) in,Appeal No. 2842 be granted as applied for. Locauion of Property: Corner of Jernick Lane and Oaklawn Avenue, Southold, NY; County Tax Map Parcel Item No. 1000-70-3-16. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer and Sawicki. Mr. Grigonis abstained. APPROVED C~airmaa ~ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the S0uthold Town Hall, Main Road, Southold, NY on Thursday, July 9, :1981 commencing at 7:15 p.m. and as follows: ~ 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient ~rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates Subd. Piled Map #5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c/o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, East Mariok, NY for a Variance to the Zoning Ordinance, Art. III,'Sec. 100-31 for permission to construct addition to dwelling with insufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassas; east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c/o Municipal iBuilding, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of insufficient area and/or width of five proposed parcels known as Shorecrest Subd. Filed Map # 5584, Lots 10,11, 12,13 & 14; also known'as south side of Bayberrry Lane, Greenport, NY; County Tax Map Item No. 1000-52-3-15,16,17,18,19. 7:45 p.m. Application of James R. Giambalvo, 72 Columbia Road, Rockville Centre, NY (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permIssion to divide property into Minor Subdivision of four lots and approval of insufficient frontage of Lot ~1 of s~id lots at east side of Indian Neck L~ne, Peconic, NY; bounded north by Schlumpf; west by Indian Neck Lane ; south by Pontino and Harvey; east by Richmond Creek; County Tax Map Item No. 1000-86-5-9. 7:55 p.m. Application of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permiss~Qn to construct deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; C~unty Tax Map Item No. 1000-141-3-26. Page 2 Board of Appeals Regular Meeting of July 9, 1981 legal adv. 8:05 p.m. Application of Phebe M. Bridge Estate, (Robert W. Gillispie, III, P.O. Box 1112, Southold, NY as agent) for a Variance to Section 280A Subsection 3 of the Town Law and Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of proposed parcel ~1, approval Qf insufficient ~rea and width of proposed parcel ~2, approval of access of proposed parcel ~3 of three proposed parcels at south side of Main Roadr Southold, NY (R-O-W off south side of Main Rd, west of boundary to Burns Real Estate); bounded north by Dubovick, Hagerman, Town of Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cummings, Scott and Methodist Church~ County Tax Map Item No. 1000-61-4-2, 9. 8:20 p.m. Application of Coloniai Corners, Inc., Main Road, Southold (William B. Smith, 220'Mechanic Street~ Southold, NY as agent) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard set back of two proposed parcels at south side of Main Road, Southold (sast parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct accessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item NO. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 88B Vanston Road, Cutchogue, NY for a Variance to the Zoning Ord- inance, Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston.Road, Cutchogue, NY; Nassau Point Subd. Filed Map ~806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Planner Olsan, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 2, 1981 and forward t0 affidavits of publication to: Board of FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ · o ..~.~ ~ .~!~......G.....v~.~ ¢..L.L ~ ....... ?~..(~.. ~~:~., .~/,'~. /~ ~ ~o~,~o~ o~o~,~y ................... ~.~ ~ ~ .... ~xE .......... ~.ET.~SE - House No. Street Ham/et County T~ Map No. 1000 Section .... ~.~ ...... Block ..... ~ ..... Lot .~.. ~.~ ~,~,,,~,onff~Y.~..?~.~~o ..... ~>.~.7 .... ~o,~o ..... ~ ....... .,~.~5~. .... ~.~ ................. ~ ~ ....~P.~/ ............. Building Inspector R¥ 1/80 FORM NO. 1 TOWN OF SOUTHOLD BU I LDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 (amined ................ ,19... Application No .................. ~proved ................. 19... Permit No ........... ". sapproved a/q ..................................... (Buitding Inspector) APPLICATION FOR BUILDING PERMIT Date June 5} 81 ................... INSTRUCTIONS :?: s a. This application must be bompleteiy filled in by typewriter or in ink and submitted in triplicate to the Building :pector, 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 areas, and ~ving a detailed description of layout of property must be drawn on the dia~am which is part of this appli- c. The work Covered by this application may nor be commenced before issuance of Building Permit. d. Upon appl'oval of this application, the Building Inspector wilt issue a Building Permit to the applicant. Such permit 11 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 i1 have been granted by the Building Inspector. APPLICATION IS HEREBY MADE ro the Building Depar[ment for the issuance of a Building Permit pursuant to the Iding Zone Ordinance of the Town of Southold, Suffolk County, New York,'and other applicable Laws, Ordinances or ;ulatlons, for ~he construction of buildings, additions or alterations, or for removal or demolition, as herein described. ~ applicant agrees to comply with all applicable' laws, ordinances, building code, housing code, and regulations, and to fit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) Box 117, Mattituck, N;Y. 11952 (M~ing address of applicant) e whether applicant is owner, lessee, agent., architect, engineer, general conrracmr, electrician, plumber or builder. General Contractor te of owner of premises . -Ame-l-ia- ~,--Vask. et is ................................................. (as on the tax roll or latest deed) ~plicant is a corporation, signarare of duly author/zed officer. · ~ Rober~ E. Hiltz, Presiden~ (Name and title of corporate officer) Builder's License No ........................ Plumber's LicenseNo. 517-P Electrician's License No. 2148-E Other Trade's License No ...................... ~ocation of lantl on which proposed work will be done. S/E. corne~..of. J. ernick. Lan~l. &Oakland..Ave.,.. Southold, N.Y. louse Number Street Hamlet ounty Tax Map No. 1000 Section ... DTO ........... Block .. 3. .............. LOt ....... 2.2. .......... ubdivision ...... Harx~st. Homes. Esta.t.e$ ...... Filed Map No. 5~.3.7. ......... Lot . ,2.2. ........... (Name) rate existing use and occupancy of premises and intended use and occupancy of proposed constrUction: Existing use and occupancy ..... V&ean.t ......................................................... Intended use and occupancy.... ?'..F.a..m.~.l.y...d.w.e.l. 1..i.n.g. ............................................ 3. Nature of work (check which apph~,01e): New Building ....X ...... Additi~,,~ .......... Alteration~ . ......... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost ..... $'50i000';00 ..................... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ..... 1. ......... Number of dwelling units on each floor ............... If garage, number of cars ........................................................................ 6. tf business, commerciai 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 alterarions or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ...92 .......... Rear .. 92 ........... Depth . .3.2. .......... Height Number of Stories 9. Size of lot: Front . 10. Date of Purchase ............................. Name of Former Owner ............................. 1 t. Zone or use district in which premises are s/tuated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ...1~o ........................... 13. Will lot be regrad~les ........................... Will excess ff~l be removed from premises: Yes Nm( 14. Name of Owner of premises ../km.e. $.5..a..V..ag.k.e. 3.i.SAddress ................... Phone No ................ Name of Architect ........................... Address ................... Phone No .... Name of Contractor...Inland .Homes ......... Address[lOX...1.1.7...tyI.a.'c~_i~.~.u.C.~hone No .... PLOT DIAGRAM Locate clearly and distinctly ail buildings, whether existing or proposed, and~}ndicate alt set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, -COUNTY OF _ .S.U .F.F.O.L.K~ ....... S.S .. Rqb.eJ:.~ .I~,..HS..1.~.~. ........................... being duly sworn, deposes and says that he is the applicant (Name of individuai signing contract) above named. He is.the . .-.C..o.njc. r.a. ?~.o?. ........................................................................... (Conrracror, agent, corporate officer, etc.) of said owner or owners, and is duly authorized 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 kmowledge.and belief; and that tke work will be performed in the manner set forth in the application fled therewith. Sworn ro before me this 5. t..h ............. day of ...... .J.u.n.e. ........... 19...81 /, N tary. Public,. .......... SLIF..FOJ~t[ ............ ff__./ glOTARY PUBLIC, State t6f New york IlO. B2-8~25~50, Suffolk Cau~ l~obeI:~C E. HB-11:z '('S"lga~ture of applicant) Term Expires ~arch 30. ~9 J~_~ TOWN OF'SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR W 6/~0/8~ TO THE ZONING BOARD OF AP _~ALS,' TOWN OF SOUTHOLD, N, Y. (We) Amelia Vaskelis ................ of .......c./.-o....!.n..1...a..n...d....H.o.m.e..s.. ............................... ' ........... 'i~"~"X~ii~'~ ...... Street and Number ....... .~..9..~.....]:..1.7..,..~.a.~.t.~..~..g..~.~....N..:~.-.....]:.l...g..5.~ ...................... .b~.e.~.~ ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................. DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO / Amelia Vaskelis Name of Applicant for permit of ¢/o I~l&nd ~{omes~Inc. Box 117~ ~4attit~c.k.., N.Y. Street and Number Municipality State ~( ) PERMIT TO USE (X) PERMIT FOR OCCUPANCY ~ ) ii. LOCATION OF THE PROPERTY ...5..e,[.~...i..c_i?-..,.&....~..1.~,~,.n..,..A..~...e..*. .............................................. Street Use District on Zoning Map 5337 22 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 c~uote the Ordinance.) o - 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 YorkTown Law Chap. 62 Cons: Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (1~¢) (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 aha was made in Appeal No ................................ Dated ...................................................................... [) ~X) () is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Insuf£icien~ rear yard ART.III 100-31 /~orm Z:SZ (Continue o~ other side) REASON FOR APPEAL ~. Con t~inued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sot,, HARDSHIP [~ecause of Insufficient Rear Yard. 2 The hardsmo created is UNIQUE and is not shared by all properties olike in the immediate vicinJt., of this property end iF this use district because The Depth of House is 32. 3 The Yanonce would observe the spirit of the Ordmonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRlCT,becouse The Depth of Lot is t2$ft. STA!E OF NEW YORK .) COUNIY 0~) tc this .................. ./..D.~ .......... day o~. ............ ~.;/z.--x~¢~ .................. Sworn . /¢ NOTARY PUBLIC, S~te of New y~ Ne, 52,812~50, Suffolk County i Today's Date ! : T~URSDAY, Nlembers Abslent, iX.any: JULY 9, 1981 Appeal No. 2842 Agenda Item/~Iatter of: Type of Variance or Appeal: Resolution made by: Seconded by: Action: v~) AppFove as applied for ) Deny as applied for ) Deny ) Deny without prejudice ) Withdrawn without Prejudice ) VASKELIS, Amelia To constr~c't' dwelling with insufficient rear yard area at ~e-corner of Jernick La'.--~--Oaklawn Ave., Southold GCharles rlg°nls ~%~geen RobErt .- G~rard Dougriss . ~oenr~yger Joseph. ( ) ( ( ) (-') . ( ) ( ) ( (/) ( ) ( ) ( ) Approve with the followin9 conditions: ( ) .Subject to County Plannin9 referral ( ),Subject to Planninq Board approval ( ).Subiect to D.E.C. re~qulations ( ) Other: Findings.of the Boar~ are as follows; ~ ~ ~ -~ .,~v, ~,v ~.~, , ~/ Other: ) Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is within Variance is Substantial in Relation to Code If so, %. Hardship not sufficient Hardship or Difficulty Not Unique l¥ill set a precedent in the neighborhood Area is already very congested Interests of justice served by denying spirit of the zonin9 code (.)/Relief is not substantial (~') Burden of hardship or difficulty shown ~Vad is unique riance will not change character of the neighborhood ) Interests of Justice served by 9ranting ) Notes: Vote of the Board: Ayes: ( ) CG (/f SD (4 RD (4GG (~/JS Nay: (/) ( ) ( ) ( ) ( ) Abstain: (,/) ( ) ( ) ( ) ( ) Absent: ( ) ( ) ( ) ( ) ( ) COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTICE OF HEARINGS Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .................. ~ .................... weeks successively, commencing on the ..... .~.. ........................... day of ......... .................. Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cummings, Scott and Method- ist ChurCh; County Tax Map Item No. 1000-6.1-4;2, 9. 8:20 p.m.-Application of Colonial Corners, Inc., Main Road, Southold (William B. Smith, 220 Mechanic Street, Southold, NY as agent) for a Variance to the Zoning Ordin- ance, Art. VII, Sec. 100-71 for approval of insufficient area and yard setback of two proposed parcels at south side of Main Road, Southold (east parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; ..<~..'. ..... County Tax Map ltem No. Sworn to before me this ....................... day of 8:30 p.m. Application of ........ ~ .......... , David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. Ili, Sec. 100-30 A & C, 100-32 for NOTICE IS HEREBY- G1VEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of South- old, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thugs- day, July 9, 1981 commencing at 7:15 p.m. and as follows: 715 p.m. ~ A~, P.O. uox. ~id, NY [or a.. ~iance to the Zoning t~rmn,- o~sion to construc~ Lane & 0aklawn AvenU,,e~ ~ ' ttltuck Homes, Box 117, Ma , o ~::25 ll.m. Application f Tom Cr~wlcy & wife, 745 Cedar D~ve, East Marion, NY for a V~riance to the Zoning Ordinance, Art. II1, See. 100- 31 for permission to construct addition to dwelling with in- suffieinnt side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; Creek; County Tax Map Item No. 1000-86-5-9. 7:55 p.m. Application of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. HI, Sec. 100-31 for permis- sion to construct deck addition to dwelling at 865 Love Lane, Mattltuck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; . t__ &ehtnl~: County Tax permission to construct acces- sory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aiiano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 88B VanstOn Road, Cutch- ogue, NY for a Variance to the Zoning Ordinance, Art. 111, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road, Cutch- ogue, NY; Nassau Point Subd. Filed Map #806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East S6th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a · Variance to the Zoning Ordin- ance, Art. Ill, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. Coun- ty Tax Map Item No. 1000- 86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1981 com- mencing at 7:15 p.m. and as follows: 7:15 --'7T25 p~ ~pplication of Tom Crowley & wife, 745 Cedar Drive, East Marion, NY for a Variance to the Zoning Ordinance, ARt. III, Sec. 100- 31 for permission to construct addition to dwelling with in- sufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassas; east by Vasquez and Frumenti; County Tax Map Item No. 10~0-22-2-42. (by Peter R. Sto~tenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c-o Municipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of insufficient area and-or width of five proposed parcels known as Shorecrest Subd. Filed Map No. 5_5~4~ Lots 10, (continued ou next page) BIANCO OFF ,.8 L~ter Limit One Case tie "eg. Pr[ce $5.95 Offer E xpires 7/5/81 COUNTY OF SUFFOLK, I STATE OF NEW YORK, ~ ss: .... ~'0Y..~-.~ .~.~v.~.o.r~ ................ being duly Sworn, ~ ~ -and Publisher of the SUFFOLK r published at Greenport, in said which the annexed is a printed said Suffolk Weekly/ Times t . p.n. ,e weeks 'the ...2..n.~ ................... GET DVERTISED SPECIALS!!. )ne 734-5859 ENTER · CUTCHOGUE right to limit Quantities PECOIIIC ............................... HELEN K DE VO£ 'Y PUS/lc, State ol New York 4707878. Suff01k CounhL ~ Expires March 30, StlO?,T ENVIRONkIENTAL ASSESSL~F-NT f-Old,{ INSTRUCTIONS: ~ (o) I~ order to ansv, er the questions in this short EAF it is assumed that the preparer %'/ill use. currently available information concerning the project and the likely impacts et the action. ]t is not expectcd that additional studies, research or oLher investigations v,ill be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered ~o it is likely that this project is not significant. (d) Ehvironmental Assessment ~. ~'lil'l projec~ result-in a large physical change to the project site or physically alter more than l0 ac~es of land? ...................... Yes 2. ~'lill there be a major change to any un~que o~ -unusual land £o~m found on the site? ...... 3. ~'/i}l project a~ter oF have a large' effect on '' existing body of water? ................... Yes 4. ~'ti}l project have a potentially large ~mpoct on groundwater quality? ................... Yes ~qNo 5. Will project $~gn~ficantly cf%act drainage ~low on adjacent sites? Yes ~. ~'/i~l p~oject a[fect any threatened or endangered plant or animal species?. Yes ~'No ' air quality? Yes 8. %'1ill project hove o major effcc~ on visual character of ~he communit~ or scenic views or vis%os ~nown to:be imporlont to the community?. Yes ~. Will projec~ adversely impac~ on~ 5~e or .. s~ruc~ure of historic, prehistoric or paleontological importance or aj~y si~e designated as a critical envlronmeo~al arco 10. %~ill projec~ have a major e~fec~ on ex~stimg or future recreational opportunities? ......... Yes 11. %~ill project resul~ in.major ~ra~[i'c problems o~ cause o major e~fec~ ~o ex.isling ~ronspor~a~ion systems? ....................... Yes 12. Will project .regularly cause objectionable o~ors, noise, glare, vlbratlon, or electrical disturbance as o rcsul~ of ~hc project's operation? ...... ' ........ or safc~y? .................................... Yes 14. %'1ill p~o3ec~ oFfec~ the existing communi~ direc~l~ causing o growth in permancn~ population of marc ~hon 5 pcrccg% over a oma year period or hove o major l]ego~ive effect on ~he character of ~he communit~ or neighborhood? ................................. Yes ]5. Is there public controversy concerning project? ................................... To: Southo]d Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: __~_~_~ ~_~o-~-~,,~ ~'-'-~- 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 %{ithin 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 ]tems (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, - Addendum to Legal Not~ce 7/9/81 Board of Appeals Regular Meeting On Monday, June 29, 1981, copies to: Amelia G. Vaskelis Inland Homes (for Amelia Vaskelis) Mr Thomas Crowley Mr Peter Stoutenburgh (for Mr. Thomas Crowley) Mr Frank A. Battel Mr Richard J. Cron (as atty. for Frank A. Battel & James R. Giambalvo) Mr. James R. Giambalvo Mr James Cooper Mr Robert W. Gillispie, III (as agent for Phebe M. Bridge Estate) Colonial Corners, Inc., c/o William B. Smith Mr. David L. Mudd Mr. & Mrs. Mark Squires Gary Flanner Olsen, Esq. (as atty for Mrs. Rose Dansker) Mrs. Rose Dansker The following adjacent property owners to Frank A. Battel: Mr Herbert J. Brown Mr Henry Bischoff Mr Thongs F. Mallon Mr Valentine Ruch, IV Mr Albert Schilke Ms Dorothea Shipp Mr & Mrs. George Walstein Orestes Christophides Ms. Janine Holder Mr. Irving Pitman Mr. Valentine Ruch V. Mr. Harold Servin Mr. Richard Vanderbeek Ms. Helene Young Sahak Ozdemirci Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board (posted June 29, 1981) Appeal files Mr. Andrew Krupski, c/o William Smith Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, ,JR., CHAIRMAN SERGE DOYEN, JR. TCr, RY TUT:',', LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER N oY. $. Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 28~2 Application of: Amelia G. Vaskelis Location of Property in Question: Jernick Lane & 0aklaw~ Avenue, Southold, NY County Tax Map Item No. 1000-70_3_16 Project Proposed by Appeal Application: construction'of dwelling with insufficient rear yard area ENVIRONMENTAL DECLARATION: Pursuant to Section 61'7.13 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: June 15, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Town Clerk Bulletin Board ~ Applicant ZBA file JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS Southold, L. I., N. Y. 11971 June 10, 1981 TELEPHONI~ (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2842 application of Amelia Vaskelis for a variance. Also included are notification to adjoining property owners, notice of disapproval from the Building Inspector, short environmental assessment form, and wetland questionnai~ JTT/bn Enclosures Judith T. Terry Town'Clerk' TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEL No. 6/10/81 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Amelia Vaskelis c/o Inland EIomes 1, (We) ................................................................. of ............................................................................ Name of Appellant Street and Number Bo:: 117. ~iatt~tuc?.~ N.Y. 11~52 ......................... : ............................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ,.,,,,~ ~ .~a Vaskelis Nome of Applicant for permit of ( ) '..,.'~.. '-~ xn'.] ~,cmes,Inc. Box 117, Mattituck, N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..'.::.. ........ ; .......... ;h.~::.'.?.:.~.'.'i::..:.~.i:;:..*....~..~.~..~..'¢.~ ............ Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sect o o graph o' Zon,.g Oral,nonce number. Do not quote the aritho.ea.) -3/ 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 (ha~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because of Insufficient Rear Yard. ~_~_ ~ ~(~ 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 CHARACTER OF THE DISTRICT because The Depth of Lot is 12$ft. THE STATE OF NEW YORK COUNTY 0~~'~ ) ss ) II01'ARY PUBLIC, State of New York NO. 52-8125850, Suffolk CouoJy Term Expires March 30, m,~C?.~~'' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~9~afra~rl~~he following relief: £or insu££icient rear yard as house will be facing Jernick La~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Lo'c 22 Subdivision Harvest Homes Esta~ces S/E corner of Jernick Lane & Oaklawn Avenue, Southold, N.Y. 3. That the I?roperty which is the subject of such Petition is located in the following zoning district: A Reszdent~al - Agr. Zone 4. That by such Petition, the undersigned will request the following relief: instead of having a 50' rear yard it will be 43'. 5. That the orovisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are: ~L ,~..~'~'-/~ /c~ ~ - ~ / 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 9~ 1981 . ~ ~~ Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS Mary Grigonis Southold~ N.Y. 11971 Paul Herzich 250 Jernick Lane Southol~, N. Y. 11971 STATE OFNEW YORK ) COUNTY OF SUFFOLK) SS.: ~ ~L-2~-C,~ C~ ~ k ' '/q C~ , being duly sworn, d~poses and says that on the ~ day of ~T,.L~ ' .19 ~_~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the ~bove-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 ~sse~sme~oll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat ~ 3~..~D,~ ./LJ~'uJL'~%Di~;thatsaidN~t~ (certified) (registered) mail. - ~ Sworn to before me this I ~3 ~-'~ day of "':~ ,.c~.~ _ ,19~ , ~ ~/ Notary Public ~ ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York NO. 52.-8125850, Suffolk Cou~7~ Terra Expires March 30, 19... tt SCHOOL DISTRICT NO. 5 CREEK \ \ \ DR. 20 I.SA(c) ~, WEST HILL RD- jockey 22 9A(c) c'reeI~ TOWN OF SOUTHOLD (UNDERWATER CUSTER CLEARVIEW AVE.