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HomeMy WebLinkAbout2679 Southold Town Board of Appeals Page 2 Legal Notice of Hearings April 10, 1980 18:15 P.M. Application of RAYMOND and ANNA CIACIA, Main Road, Greenport, New York, (by James Bitses, Esq.) for Variance to the Zoning Ordinance: (a) Article III, Section 100-31, .and Article VIII, Section 100-81, Bulk Schedule, for permission to construct dwelling with insufficient front and side yards, (b) Article VIII, Section 100-118, for permission to establish dwelling use in a C-Zone. Location of property: Southerly side of Kerwin Boulevard, Greenport; Lots No. 159 and 160 of "Peconic Bay Estates," Map No. 1124. Tax Map Item No. 1000-53-2-23. 8:30 P.M. Application of RICHARD and DONNALEE RELYEA, Box 372, Laurel, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcel to be establish in a subdivision. Location of property: Easterly side of Deer Foot Path, Mattituck; bounded north by Beier; west by Deer Foot Path; south by Mattituck Creek; east by Zara. Tax Map~Item No.. 1000-113-6-23. 1980. Dated: March 24, BY ORDER-OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: ~" ~ ~'~ ~ 3~ ~)j'~ '~ ~ .~ ~ ~ ~ I Please publish once commencing March 27, 1980 and-'f6~ward~five ~5) affidavits of publication on or before March 31,;1~ Board of Appeals, Main Road, Southold, New York 11971. Tel. 765~1809. LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Building - Zone Ordinance of the Town d Southold, public hearings will be held by the Board of Appeals at the Town Hall, Main Road, Southold, New York on Thursday, April 10, 1980 on the following appeals: 7:35 P.M. Application of CLEMENT W. BOOTH, Maple Lane, Southold, Now York (by Rudolph H. Broer, Esq.), for Variances to the Zoning Ordth- ance, Article III. Section 100- 31 for approval of: (a) insuffic- lent area and width of parcel to be established in a subdivi- sion, (b) insufficient sideyard of preexistiug nonhabitable building. Location of proper- ty: 1750 Mount Beulah Avenue and Sound View Avenue, Southold; bounded north by Sound View Avenue, west b~ Mount Beulah Avenue, south by Koch and North Road, east by MeGunnigle. Tax Map Item No. 1000-51-3-part of//2. 7:45 P.M. Application of RICHMOND S. CORWIN, Bm 927, Southold, New York for a Variance to the Zoning Ordin- ~nce, Article Ill, Section 100- 31 for approval of insufficient area and width of parcels to be established in a subdivision. Location of property: 500 and 540 Maple Avenue, Southold; bounded north by Smith, west by Latson, south by Terp and Latson, east by Maple Ave- nae. Tax Map Item No. 1000- 64-1-20 & 21. 8:OO P,M. Application of SIDNEY BEEBE, Main Road, Cutchegue, New York (ac- count of Dennis R. & Ann L. Bannon), for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to construct addition with an insufficient frontyard setback. Location of property: Corner of Hamilton Avenue, Mary's Road, COUnty Road 27, Matti- tuck; bounded north by Coun- ty Road ~, west by Swintec- cha, south by Hamilton Ave- nue, east by County Road ~7 VIII, Section 100-81, Bulk I Schedule, for permission to construct dwelling with insuf-~ ficient front and side yards,/ (b) Article VIII, Section 100- 118, for permission to estab- lish dwelling use in a C-Zone. Location of property: Souther- ly side of Kerwin Boulevam, Greenport; Lots No. 159 a.~,,I 160 of "Pecouic Bay Estates, Map No. 1124. Tax Map Item No. 1000-53-2-23. 8:30 P.M. ApplicaUon of RICHARD and DONNALEE RELYEA, B~x 372, Laurel, New York, for a Variance to the Zoning Ordinance, Article. weeks IH, Section 100-31 for approval ................... of insufficient area and width twor. t~;-s ev e~th of eltobees h hndtha .;¢ ....................... sul~livisinn. Loeatiou of pro- oot Path, l~ttitoek; bennY- y. ed north by l~or; west liY ....... De~ Fool Path; ~outh by Mat- ........ being duly Sworn, Publisher of ~he SUFFOLK ~Ushed at Greenport, in said ich lhe annexed is a printed maid Suffolk Weekly Times and Mary's Road. Tax Map Item NoJ 1000-140-2-1. 8:15 P.M, Anulicat~m of~. I RAYMOND and ANNA CIAC- · _ __ IA, Main Road.~ oreeenor~,~_... THE SOUTHOLDTOWN · ~w ~or~. inv dames m~,-~ BOARD OF APPEALS · ~e~; f~t- Vn~i~mx- th tl~ 7~m-I ITM27-~ { t~'O~: (a) .~a'ticielll,~ ,,~ - ~ ~tion 100-31, and Article''*'''c~m~ ,,,;o'un]:~. . - ~:m expires 3/30/81 4707878 Tax Map Item No. 1000-113-6- .r0." | Dated: March 24, 1~0. ~ BY OEDER OF ................. ~ew York LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Building Zone Ordinance of the Town of Southold, public hearings will'be held by the Board of Appeals at the Town Hall, Main Road, Southold, New York on Thursday, April 10, 1980 on the following appeals: 7:35 P.M. Application of CLEMENT W. BOOTH, Map- le Lane, Southold, New York (by Rudolph H. Bruer, Esq.), for Variances to the Zoning Ordinance, Article IH, Section 100-31 for app~wal of: (a) insufficient area and width of parcel to be established in a subdivision, (b) insufficient sideyard of preexisting non-, habitable build~ing. Location of property: 1750 iMount Beulah Avenue and Sound View Avenue, Southold; bounded~ north by 5ound View Avenue, west by Mount Beulah Ave- nue, south by Koch and North Road, east by. McGunnigle. Tax Map Item No. 1000-S1-3- part of #2. 7:45 P.M. Application of RICHMOND S. CORW1N, Box 297, Southold, New York for a Variance to the Zoning Ordin- ance, Article IH, Section 100- 31 for approval of insufficient area and width of parcels to be established in a subdivision. Location of property: 500 and 540 Maple Avenue, Southold; bounded north by Smith, west by Latson,' south by Terp and Latson, east by Maple Ave- hue. Tax Map Item No. 1000-64-1.20 & 21. 8:00 P.M. Application of SIDNEY BEEBE, Main Road, Cutcho~ue, New Yoit (account of Dennis R. & Ann L. Bannon)', for a Vsiiance to the Zoning Ordinance, Article IH, Section 100-31 for permission to construct addition with an insufficient frontyard setback. Location of property: Corner of Hamilton Avenue, Mary's Road, CbuntyRoad 27, Matti- tuck; bounded north by County Road 27, west by Swiatoecha, south by Hamilton Avenue, east by County' Road 27 and Mary's Road. Tax Map Item No. 1000-140-2-1. 8:15 of ~.CIA, Maim Road, Greonport. ~New Yor~ (by James Bitses,~ IH, Section 100-31, and Article VIII, Section 100-81, Bulk Schedule, for permission to construct dwelling with in- sufficient front and side yards, (b) Article VIII, Section I00- 118, for permission to estab- lish dwelling use in a C-Zone. Location of propelS: Sonther. ly side of Kerwin BonlevartL Greenport; Lots No. 159 160 of "Peconic Bay Estates," Map No. 1124. Tax Map No. 1000-53-2-23. 8:30 P.M. Application RICHARD and DONNALEE RELYEA, Box 372, Laurel, New York, for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for approval of insufficient area and width of parcel to be established in a subdivision. Location of pro- perry: Easterly side of Deer Foot Path, Mattituck; bounded north by Beier; west by Deer Foot Path; south by Mattituck Creek; east by Zdra. Tax Map Item No. 1000-113-6.23. Dated: March 24, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 3/27/80 048) COUtNI~ Of SUFFOLK STATE OF NEYV YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffdlk 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 .~-..~. ................................. Sworn to before me this '~'/ ... mJV or · ........... FOI~I NO. $ 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FiFe No ................................................................. Dote /L,/~/~ ~,~ 19..~.' q ~'Ot~Tt30 t ~ PLEASE TAKE NOTICE that your application dated for permit to ...................................... .~ the premises located at .................................... /~/~/ ~ Vt ~ Street is returned herewith and disappr~ed on the follow;ng grounds ....... ~.~.~(.~(.~.~.~......~.~ .~..5~.~ ........ ~.~.~....: ............ ~.~Z...~ ........ ~C.f.7.~./ ............. ~..qm.~.,~.q~.~c ..... · ,~.~.~.~.~ ~.~.~ ....... ~ ~. ......... ~ Z.... ~.e.~ .............. .Zq~...~.~..~...~.'..~...~.(.~/ ............. Building Inspector T~N OF SOUTHOLD, NEW YORK O APPEAL FROM DECISION OF BUILDING INSPECTOR ' APPEAL NO. o~ ~'f .~.e,b~..u.a.r.,.~ 21, 1980 TO THE ZONING BOARD OF APPEALS, TOWN OF souTHOLD,, N. Y. . Raymond and,=Anna ~iaci~ M~in Ro~d Qreen ~1, (We) ........... , ...................................................... of ........................ ~ .............. ~ ..... ~.-...~ .................. 'Name of Appellant Street and Numar ." ~re~nport. ~. Y. ~944 ....................... ,_.~ .............................. , ..................... ~ .................................. ~...HEREBY ~APP~L TO MunicipoliW State THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING I~PE~OR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Main Road Greenport ~Tew York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Permit to e'iXect dwelling on undersized lot in "C" Zone with insufficient side and front / { ) ~ .... ' clearance. Main Road areenport, New York ]. LOCATION OF THE PROPERTY ..................................................................................................... Street Use District on Zoning Map 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.) Section 100-81, 100-118 and 100-121 3. TYPE OF APPEAL Appeal is made herewith for · ( ~ A VARIANCE to the Zoning Ordinance Or Zoning Map i )' A VARIANCE due to lack of access (State of New york Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) ~ 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 (X) request for a variance and was made in Appeal No ..... .2..5..7..4. ................... Dated July 1979 ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that he wishes to move his dwelling on to an undersized lot which is zoned nC"and which will have insufficient front and side yard clearance. Form ZB1 (Continue or~ other side) REASON FOR APP~.AI~' Continued O ' 1. STRICT APPLICATION OF THE ORDINANCE would produce practicol difficulties or unneces- sary HARDSHIP because applicant has been occupying a dwelling in a "C" Zone as a non-conforming use. It is his intention to move his house on to Lots 159 & 160 which are undersized. The best location on said lots on which to erect a dwelling will leave inadequate front and side yard clearance. The applicant face~ unnecessary hardship in that the dwelling was included in ~ business zone long after it had been at it's present location and the non-conforming use engendered by unilateral action by the Town Board in 1957 and thereafter. At the present time applicant wishes to sell his house and faces unnecessary hard- ship in doing so by reason of zoning ordinances put into effect long after occupancy pf this parcel. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of, this proPerty and in this use district because applicant has been granted., a variance to create an undersized lot. (Lot 15g and 160). There is a le,ga! pre- sumptiara of r~gularity and there is a legal basis for the discretionary powers granted t(5 the Zoning Board. Implied in the prior Variance //2574 granting the undersized lot is the inference that in so granting, the Zoning Board intended that the said lot be used for the purposes set forth in the prior application //2574. This is what constitutes the unique circumstances. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the variance would merely testat in the move- ment of this house a distance of approximately 40 feet and in fact would change the character of the district for the better by moving the dwelling house away from an industrial building. STATE OF NEW YORK ) (""--') '5( ~i~"/m~//~-'-~ ~ COUNTY OF ~ ) , Notary Public ~ER1NE BITSES N~ Public, State o~ New Yo~ No. 41-5328850 ~allfled In Queens Coan~ erin ~plres Ma~h ~, 1~ DEPARTMENT OF PLANNING LEE E. KOPPELMAN Board of Appeals Town of Southold~ April 30, 1980 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Chartcr, 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 Municipal File Number Raymond & Anna Ciacia Dennis R. & Ann L. Bannon Robert L. Boger 2679 2681 2682 GGN; j k Very truly yours, Lee E. Koppelman Director of Planning "' CH:~F ~LANN~R O TOWN CLERK 765-3783 Building Dept. P~anning Bd. Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE 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, ................ New and recodified zomng ordinance ................ Amendment to the zoning ordinance ................ Zoning changes the .... .~...~....~.~...~. · .~..~ .............. of the town of....~..~..~..~'..~ .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ~ ~1 ~o. ~7~ OZ~, ~ 11944 ................ Special permits ....... ...~...... Variances ~e ZZZi leae 100--3'],J .l~e VZZZw I~e ].O0'*~],J ~.e V~Z~'W lea, Location of affected land: . f/.e.m~k"M~n..I],1~l~$..~l~lrlll3qlO[~l~ ............................................................ within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ....... ~... 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 a public building is situated Comments: ~L~mfJton V&I ~rlnt~ll~ ~ OO~II~'~, M~.!~I~ ~t Il C-lone ~111~ £oz*. (signed) lo~zetu?, BOl.,,d O! lp~lo Date received by Suffolk County Planning Commission .................... ............ .................................................... File No ............................... 0 0 Southold Town Board of Appeals SOUTHOLD, L. I., N, Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.~ Chairman SERGE DOYEN,JR. TYPE II ACTION DESIGNATION TERRY TUTHILL R BERTJ DOUGLAS ~eSrar~ P. ~oSehringer NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any. other determination or procedure. DESCRIPTION OF PROJECT Appeal No. 2679. Application of RAYMOND & ANNA CIACIA,' Kerwin Boulevard, Greenport, NY 11944. Location of P~oje~t: South side of Kerwin Boulevard, Greenport, New Yu~k. Cuu~y -~-~x ~p Item No. 1000-53-2-23. Peconic Bay Estates Lots 159 and 160. Permission Requested: (a) To construct dwelling with an insufficien= fron= aha sideyard setback, Art. VIII, Section 100-81, Art. III, Section 100~31; (b) To establish dwelling use in a C-Zone District, Art. VIII, Sectio~ 100-118. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax yap showing the subject property, & other documents as may be requzred. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: March 20, 1980. Copy to: Supervisor W. Pell. James Bitses, Esq. as agent. O O JUDITH T. TERRY · Tovm CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 March 4, 1980 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2679 application of Raymond & Anna Ciacia for a variance. Also included are notification to adjoining property owners as follows: Greenport Lumber Co., Main Road, Southold, N.Y. 11971; John Rempe, Kerwin Blvd., Greenport, N.Y. 11944. JTT/bn cc:file Enc./ Judith T. Terry Town Clerk TOWN OF SOUTHOI~D ,~T~tT:TiCNS: (:) ~ all ques~io~ ~ve been ans~r~d No i~ is l~al7 ~ha= =~s proJe~ ~ to ~he proJec~ sl~e or physic~7 A!~ar mare =~n LO acres of land? . · ......... 2. Wi!l there be a =ajar ¢~ange to ant -_n!que or unusual !and form found on :he si:e? Tes X ~o Zee X No 3. Will 9r~Jec~ altar or have an ex!~=Ln~ body of ,,ca%er? ..... On adjacen~ sites? ......... plan= or ~ni-~ :es X No !es X ~o Tes X :es X ~es X ~o Yes X ~a Yes X ~o -/- BOARD OF APPEALS· TOWN OF SOUTHOLD In the Matte~r of the Petition of : ~9 ~11~ I~oard of Anneals of the Town of Southold : NOTICE YOU A~iE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the. To~.n. of Southold f II ' · · Move c~we~[lng to request a (Variance) (Special Exception) (Special Permit) (the o owmg tel,cf. house to "C" Zone~ Lots 159 & 160~ Peconic Bay Estates with insufficient side and ). front yar.d clearance. · 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cnbed as follows: Lots 159 & 160 inclusive, amended Map of Peconic Bay Estates filed in County Clerks Office as Map # 1124 ,,Ca. That the property, wh!ch, is. the subject of such Petition is located in the following zoning district: ~.one l~ght Inoustr~a, 4. That by such Petition, the undersigned will request the following relief: Permission to move the dwelling house on to Lots 159 & 160 with insufficient front and side yard clearance and occupancy of a dwellin_~ in a "C" Zone 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Section 100-81, Section 100-118, Section I00-121 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing· Dated: February 21, 1980 · - Raymond n Anna ' ' Petitioner n~?~__n ~~ ~. Post Office Address ~--j''~/' ' Main Road Greenport, New York 11944 :-:, P01 ' 9905009 RECEIPT FOR CERTIFIED MAIL NO INSURANCE (:OVERAGE PROVIDED-- NOT FOR INTERHATIONAL MAIL (See Reverse PROOF OF MAILING OF NOTICE ADDRESS PO 1 99050~0 RECEIPT FOR CERTIFIED MAIL N0 INSURANCE C0VERAfiE PROVIDED-- NOT FOR INTERNATIONAL MAIL STATE OF NEW YORK ) COUNTY OF SUFFOLK ) , residing at . × , being duly swor~, deposes and says that on the ~'~ day of ~;~:~/ ,19 ~_~, 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 curren~n~,~t roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ' Sworn to b~ore me this ~ ' Notary Public ~ I~ublle, State of Ne~ ..._ No. 52-0302630 _ ~lmed In Suffolk County Lo~'O / / / / ',1' I 7.8A(c) - / / / -' 6 (c) ' ".. / I,.SA: O 2.5A(c) ' ~ 7. OF SOUTHOL UNDERWATER LAND 28 I.~A[¢)