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HomeMy WebLinkAbout2703 © O TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~IG BOAI~D OF APPEALS Appeal ~o. 2 ? 0 3 Dated May 19, 1980 ACTION OF THE ZONING BOARD OF APPE~ OF ~E TO~ OF ~HO~ To Mr. J~es B. Kaminsky R.F.D. 1, Box 153 Mattituck, NY 11952 AppeUant at a meeting of the Zoning Board of Appeals on June 12, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request /or a special exception under the Zoning Ordinance (x)~Request for a variance to the Zoning Ordinance Art o VII, ( ) 1980, the appeal Section 100-71 1. S;1/~lll/l~~~:F/~/t~:~ttX~~F.~tX~:g~.iVa~n ( ) be ganted ( ) ~ deuled pursuant ~ Article .................... Section .................... Subsection .................... para.apb .................... of the ZOUl~ Ordinance and the decision of the Building Iuspector ( ) be reversed ( ) be co~irm~ because Application of JAMES B. KAMINSKY,'RFD #1, Box 153, Mattituck, New York, for a Variance to the zoning ordinance, Article VII, Section 100-71 for permission to construct building with insufficient side and rear yard set- backs in a B-1 Zone. Location of property: 100 East Mill Road, Mattituck, New York; bounded north by Mill Road, east by Fox, south by King, west by Kaminsky and Mattituck Creek. County Tax Map Item No. 1000-106-4-4. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficult/es or (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the d/strict because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be ~rarited ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 0 0 After investigation and inspection, the Board finds that applicant is requesting permission to construct a proposed building to be used for storage with insufficient sideyard setbacks of 15' on the south end of the building and 25' at the north end of the building, and with insufficient rear- yard setback of approximately 15' at the nearest point and 20-25' at the farthest point. The subject premises is more particularly known as 100 East Mill Road, Mattituck, and existing thereon is a one-story housc~ The Board finds the circumstances present in this case unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that JAMES B. KAMINSKY, be granted a Variance to the Zoning Ordinance, Article VII, Section 100-71 as applied for in Appeal No. 2703. Pursuant to Section 1332 of the Suffolk County Charter, this matter is being referred to the Suffolk County Planning Commission for its recommendations. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tut- hill, Douglass and Goehringer. APPROVED Cha~an Bo~l of App~l$ - W' RECEIVED AND ~LED BY THE SOU~{OLD TOWN CL~K DATE ?,/,.~/,a~ HOUR ~?.'~,-~.,~ .. To~ ~erk, To~ of ~-~hold © O NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals, Town of Southold at the Town Hall, Main Road, Southold, New York, on Thursday, June 12, 1980: 7:35 P.M. Application of JAMES V. RIGHTER, 184 Livin~s- ton Street, New Haven, Connecticut 06511, for a Variance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for permission to construct addition with insuffi- cient front and rear yards. Location of Property: North side of Greenwood Road, Fishers Island. New York; bounded north by F.I. Ferry District, east by Baird, south by Greenwood Road, west by Woolston, more particularly known as #10 Greenwood Road, County Tax Map Item No. 1000-12-1- part of 13. 7:50 P.M. Application of JAME~ B. KAMINSKY, RFD ~1, Box 153, M~ttitu~k, ~ew Work, for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct proposed lowest floor below the restricted base flood elevation in a special hazard zone. Location of property: 100 East Mill Road, Mattituck, New York; bounded north by Mill Road, east by Fox, south by King, west by Mattituck Creek and Kaminsky. County Tax Map Item No. 1000-106-4-4. 8:00 P.M. Application of JAMES B. KAMINSKY, RFD #1, Box 153. Mattituck~._~ for a Variance to the Zoninq ' VI~V~IS~.ec__tion 100-71 for permission to, construct building with insufficient side and rear yard setbacks in a B-1 Zone. Location of property: 100 East Mill Road, Mattituck; bounded north by Mill Road, east by Notice of Hearings for June 12, 1980 Page 2 of 3 Fox, south by King, west by Mattituck Creek and Kaminsky. County Tax Map Item No. 1000-106-4-4. 8:10 P.M. APplication of LEONARD E. HOWARD, 53 Re~temann Road, North Stonington, CT, for a Variance to the Zoning Ordinance, Article III, Section 100-30A, for permission to construct second dwelling on a single parcel. Location of property: North Dumpling Island, Town of Southold, New York; more particularly known as County Tax Map Item No. 1000-13021-4. 8:25 P.M. Application of AUDREY E. WANZOR, by William B. Smith, as agent, Box 146, Southold, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct dwelling with an insufficient front- yard setback. Location of property: Corey Creek Estates Lot No. 15, Filed Map #4923; bounded north by Corey Creek Lane, east by Hammerschlag, south by Corey Creek, west by Facca; County Tax Map Item No. 1000-78-4-17. 8:40 P.M. Application of JOSEPH ST. PIERRE, by William B. Smith as agent, 220 Mechanic Street, Southold, New York, for a Variance to the Zoning Ordinance, Article II, Section 100-23C, Article III, Section 100-31, for .~ approval of insufficient area and width. Location of property: 475 Smith Road, Peconic, New York; Indian Neck Park Filed Map #551, Lot #14; County Tax Map Item No. 1000-98-4-7. 8:55 P.M. Application of STEPHEN EGGERS, Nassau Point Road, Cutchogue, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool in side and front yard areas. Location of property: 6625 Nassau Point Road, Cutchogue, New York; bounded north by East Club Road, east by Peconic Bay, south by Brac, west by Nassau Point Road. County Tax Map Item No. 1000-111-15-7. Legal Notices NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals, Town of Southold' at the Town Hall, Main Road, Southold, New York, on Thursday, June 12, 1980: 7:3~ P.M. Application of JAMES V. RIGHTER, 184 Livingston Street, New Haven, Connecticut 06511, for a Var- iance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for permission to construct addition with in- sufficient front and rear yards. Location of Property: North side' of Greenwood Road, Fishers Island, New York; bounded north by F.I. Ferry District, east by Baird, south by Greenwood Road, west by Woolston, more par- ticularly known as #10 Green- wood Road, County Tax Map Item No. 1000-12-1-part of 13. 7:50 P.M. Application of JAMES B. KAMINSKY, RFD //1, Box 153, Mattituck, New York, for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct proposed lowest floor below the restricted base flood elevation in a special hazard zone. Location of pro- perry: 100 East Mill Road, Mattituck, New York; bound- ed north by Mill Road, east by Fox, south by King, west by Mattituck Creek and Kamin- sky. County Tax Map Item No. 1000-106-4-4. ~.0~:~P,M. Applic~tio~ ~ ~L #L_Box 153a Mattituck~ New ~ ~0~ '~ ~'~V~ ,~rl~h.¢-e- [0-me ~Section 100-71 for ~l;mission 'i0' ~truet'b~ willi ~ m sufficient side and rear y. ard keibhCks~ in ~ B-i 2on~j E~a'T, -ti0n 0f Property: ?~ ~ast ~ I 'Road, Mattituck; Oounded~ north by Mill Road, east by~ Fox, south by King, west by{ Mattituck Creek and Kamin-~ sky. County Tax Map Item No. · 1000-106-4-4. 1 8:10 P.M. Application of~ LEONARD E. HOWARD, 53 Reutemann Road, North Ston- ington, CT, for a Variance to the Zoning Ordinance, Article III, Section 100-30A, for per- mission to construct second dwelling on a single parcel. Location of property: North Dumpling Island, Town of Southold, New York; more particularly known as County Tax Map Item No. 1000-130+4. 8:25 P.M. Application of AUDREY E. WANZOR, by William B. Smith, as agent, Box 146, Southold, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to con- struct dwelling with an insuf- ficient frontyard setback. Lo- cation of property: Corey Creek Estates Lot No. 15, Filed Map #4923; bounded north by Corey Creek Lane, east by Hammerschlag, south by Corey Creek, west by Fac- ca; County Tax Map Item No. 1000-78-4-17. 8:40 P.M. Application of JOSEPH ST. 'PIERRE, by William B. Smith as agent, 220 Mechanic Street, Southold, New York, for a Variance to the Zoning Ordinance, Article II, Section 100-23C, Article III, Section 100-31, for approval of insufficient area and width. Location of property: 475 Smith Road, Peconic, New York; Indian Neck Park Filed .Map #551, Lot #14; County Tax Map Item No. 1000-98-4-7. B:55 P.M.. Application of STEPHEN EGGERS, Nassau Point Road, Cutchogue, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimming pool in side and front yard areas. Location of property: 6625 -Nassau Point Road, Cut- chogue, New York; bounded north by East Club Road, east NOTARY PUBLIC, State of New York No. 4707878, Suffolk County._ Term Expires March 30, by Peconic Bay, south by Brac, west by Nassau Point Road. County Tax Map Item No. 1000-111-15-7. 9:10 P.M. Application of ECCLES PRIDGEN, by Hor- ton Construction Co., as agent, New Suffolk Avenue, New Suf- folk, New York, for a Variance to the Zoning Ordinance, Art- icle III, Sections 100-30 and 100-32, for permission to con- struct second dwelling unit on single lot. Location of proper- ty: 2410, 2530 Great Peconic Bay Boulevard, Laurel, New York; bounded north by Great Peconic Bay Boulevard, east by A. Cardinale Estate and Catalano, south by Peconic Bay, west by Kendel, Smith, Bayuk, Carey, Gannon. Coun- ty Tax Map Item No. 1000-128- 6-14 and 15. Dated: May 29, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ5-3458 NOTICE OF HEARINGS Pursuant to Section 267 of the. Town Law and the Pro- visions of the Amended Code of the Town of Southold, the. following matters will be held for public hearings by the Board of Appeals, Town of Southold at the Town HaH, Main Road, S~)uthoid, New York, on Thursday, June 12, 1980: 7:35 P.M. Application of JAMBS V. RIGHTER, 184 Livingston Street, New Haven, Connecticut 06511, for a Vari- ance to the. ZO .ning Ordinance, Article VII, S~ction 100-71, and Bulk Schedule, for per- mission to construct addition with ins~I front and rear yards. Loeatlon of Property: north by Mill Road, east by Fox, south by King, west by Mattituck Creek-and Kamin., sky. County Tax Map Item No. 1000-106-~. 8:00 P.M. Mill Road, Mattituek; bounded 'north by Mill Road, east by FOx, south by King, west by Mattituck Creek and Kamin. sky. County Tax Map Item No. 1000-106.4-4. 8:10 ~.M., ~pplieation of LEONARD E. HOWARD, S3 Reutemann Road, North Ston- County Tax Map Item No. 1000-111-15-7. 9:10 P.M. Application of ECCLES PRID~EN, by Horton Construction Co., as agent, ' New Suffolk Avenue, New Suffolk, New York, for a Variance to the Zoning Ordin- * anee, Article III, Sections 100-30 and 100-32, for per- mission to construct second dwelling'unit on single lot. Location of property: 2410, 2530 Great Peconic Bay Boule- vard, Laurel, New York; boun- ded north by Great Peeonic Bay Boulevard, east by A. Cardin&le Estate and Catal- uno, south by Peconic Bay, west by Kendei, Smith, Buy- uk, Carey, Gannon. County Tax Map Item No. 1000-128- 6-14 and 1S. Dated: May 29, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS lT. 6/S/80 CCNJtqTY OF SUFFOLK STAT~ OF NLmW' YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TI~VELER-WATCHMAN, ~ public newspaper printed at Southold, in Suffolk Count~; and that the notice of which the annexed is a printed copy, fas been published Jn said Long I~sland Traveler-Watch- man once each week for ........................................ ! weeks successively, commencing on the ..... .~..~ ............................... Swom to before me this .... ~. ................ day ot .................... CLEMENT J, NOTARY PUt~LIC, State o~ i~.ew ~. 52.9321725 ~iding in Suffolk Q~u~[~ ~mi~ion ~pires M~rch FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ~h ~ lTg¢lQ PLEASE TAKE NOTICE that your application dated ................ .~fl..~ .... /.~., 19 .~.9.. for permit to construct ..... ~..[dI.L.D..(.~.~- ~- (.~.-roTClqc~) , at Location of Property ........ /..~.~, ....... .~T.B,.S.7'....h'././~.~,..../P..6..~.~ ........ .~.A...?./..7-.d.~..~... House No. Street Hamlet County Tax Map No. 1000 Section .... i./fl..~. .... Block ...... ~. ...... Lot .. ~. ...... ,... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ././4...~..U..~.~. tr. q.~..-(. .............. .$./.o.£.....?.....~.~..~. .... ¥.~. .Tf. .b. ........... .~. .-. ( . .z. .o.~. .-E. .... /9.~.r.~ . (.o~-.7 [ RV 1/80 Building Inspector O O Application Received 19 Disapproval Issued 19 Permit # 19__ FORM NO. 10 APPLICATION FOR DEVELOPMENT PERMIT In the Town of Southold Type of Development Proposed: Addition and/or Alteration[] Other (specify} 19 .9 New Structure (including storage tanks~ Flood. Proof Below Base Flood Elevation~ 2. Elevation Data in relation to above mean sea level of: (a) Lowest floor elevation, including basement ~ feet inches (b) In a V Zone, bottom of lowest structural member feet inches 3. FIRM--Flood Insurance Rate Map, Zone designations 4. Owner of Premises ~J^~E.q 6. WA~,N-~y .,, 5. Location of Property: Subdivision ~iled ~ap ~ Lot(s) 6. ~ission to be R~Sed~ ~ner as ~bove~ew ~er l~Onde~ Contract] I Lessee{ I Contractor Approval from other(s) before Permit is issued: DEC WETLANDS (Town Board) HEALTH SERVICE ZBA BUILDING PERMIT PLANNING BOARD I, Jf%~4~-P~. 8. ~A 64,~_~K~/ , the applicant, am the Owner ~, Owner[q, New owner[__], Under Contractl--~, Lessee~, Agentl--I, Con- tractor~, and agree to comply with all applicable sections of the Code of the ~o~ of Southold; Co~ty, and State ~d to a~it authorized in- spectors to premises authorized to perfo~ or have perfo~ed the said work ~d to make and file this application, that all statements contain- ed in this application are t~e to the best of my knowledge ~d belief and that the work will be perfo~ed in t~e m~nerset forth in the application filed therewith. /I off--ss SWORN ~0 THIS~DAY OP~lg~ ~ / Nota~ Public JOYCE M. ~TARY PUBLIC, $ta~a of New Yo~ ,, ~ lpplicat' s mailin~oo~i~ i~ s~f~ c~:,,<~ address ~d phone~=~=~o~ ~: ~.=~a ~. if not given above: 4180 P.O. BOX 728 SOU~ROLD ~ I~ 11971 FORM NO. 10 TOWN OF SOUTHOLD BUILDING DEPARTMENT (516) 76~-180~ TOWN HALL MAIN ROAD SOUTHOLD, NY APPLICATION FOR DEVELOPME~T PERMIT Instructions: The application to the Building Inspector includes (each in duplicate) 1. Form No. 10 filled out in ink or typewritten, 2. Sttr- vey of premises with elevations above mean sea level, 3. Drawings of pro- posed work. The application must give complete information to show that the proposed can comply to the Local Law No. 1-1980, Chapter 46 of the Code of the Town of Southold known as "Flood Damage Prevention Law" of the Town of Southold. The applicant must submit approvals that any other agency requires. General Standards as required in Section46-17 of the law to minimize flood damage: A. Anchoring of structures, including tanks and mobile homes B. Use of construction material and methods C. Design and location of utilities D. Subdivision proposal with drainage, public utilities design and base flood elevations Specific Standards as required in Section 46-18: A. .Residential construction B. Non-residential construction C. Mobile homes The applicant must submit plans and specifications as well as any other information requested by the Building Inspector to substantiate the facts that the structure has or will have the lowest floor, including basement/ cellar, elevated above the base flood elevation or; if permitted by the Federal Regulation, that: 1. such structure is flood proofed in such manner that below the base flood level the structure is water tight with walls substantially and impermeable to the passage of water, 2. that structural components are capable to resisting hydrostatic and hydrodynamic loads and effects of buoyancy, 3. applicant must submit certification by a registered professional engineer or architect that the standards set forth in Section 46-1§B (1) (2) (3) of the Southold Code are satisfied. Coastal High Hazzard area (V Zone) 46-19. Applicant shall submit plans, specifications including the required certifications and such other in- formation as the Building Inspector may require in that ~Be provisions of 46-19 are complied with. Mobile homes are prohibited. The lowest portion of the structural members of the lowest floor cannot be lower than the base flood elevation with all space below open except braakaway walls. Sand dunes. If sand dunes exist on the premises and the applicant pro-~ poses to alter same, plans and specification must be shown in detailed nature of any alteration submitted. ~. A Building Permit is also required for any structure. Do~n a ~eveAopment and a Building Permit must be issued before any work can start in a special flood hazzard zone. A written disapproval or a permit must be issued within ten (10) working days. During construction, the inspector shall be notified in time so he may make the required inspections. Upon completion, the required certification fo the final elevations and work must be submitted before the approval to use o~occupy can be approved. (Fill out the form on the back of this sheet) 4/8o O O TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ¢~, ~7 ~3 DATE. ~ .aX...1...9., ...1...g..8..0. .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], ................................ Of ...................... '., ................ o ,; Name .c~ AppelJa,n~r ,, .: : - Street an~l' Numbs? ., .............. ,B..a.t..t..i..t..u..c..k. .............................................................. .N.~N...~.o.~.k' .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ~y,..1.5.~...1.g..8. g ......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of .fl ^ E ^j~ ...1., ..l~.g;~...1 .~.~ ...................... ~.ti~.~~, ................... ~.~..~.~l; k,...1..1.9. ~j ;;{ ...... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Pe~'mi~ to build 1. LOCATION OF THE PROPERTY ....Ea~.~..F];L!.i..I~,~ ................................ J~.-..1. .............................. ,,: ~ ,' ' ',~' ~" · Street .' Use District on' Z(~ning Map 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 VII 100-71 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 and was made in Appeal No ................................. Doted ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection ~3 A Variance to the Zoning Ordinance is requested for the reason that without this va=lance this building cannot be I~omi erected, and without this building our business will be unable to un ian re. 6J REASON FOR APPEAL O : Continued 0 1. STRICT APPLIcATIoN OF THE ORDINANCE would produce practical difficulties or unneces- sar,/'HARDSHIP becauSe the property is odd shaped and it would be Lmpossible to erect this building ~wtthin the limits sst and still have At be functionally usable. 2. The hardship created is UNIQUE and is not shared by all properties alike in the ,immediate [.,. ~,,t:rj::L, . :: vicinity of this property and in this use district because it' ks a small business zoned property, and of a diffsrsnt shape than the iota surrounding it. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE ,THE CHARACTER OF THE DISTRICT because it is in keeping with the other buildings erected in the area. Sworn to this .......... ~Z.~...,~:Z4- ................ day of ............... ~/Q'2..~..i.:..i...~:..=...::..;I. 19~'0 ...... . . .~. . ~. . I,,..L. .IZ'.2. . : . . .~ ............... © 0 GENERAL STANDARDS: A, We will have concrete pads around each of the upright support poles (4 x 6ts) to anchor this buiidin9 in placs~ these pads tying in to a concrete floore B, ~e plan a galvanized steel siding pole building, with an asphalt shin91e ~oof and two overhead doors COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5206 LEE E. KOPP£LMAN July 9, 1980 Board of Appeals Town of Southold Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Audrey B. Wanzor James B. w-m~nsl~ Leonard. E. Howard James V. Righter Dolores Strong Sacred Heart Church '2701 2703 2704 2706 2710 2713 Very truly yours, Lee E. Koppelman Director of Planning CH:IF PLANNE~ JUDITH T. TERRY · TOWN CZERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N.Y. 11971 May 21, 1980 To: From: Southold Town Zoning Board of Appeals Judith T. ~T~rry, Town Clerk Transmitted herewith is Zoning Appeal No. 2703 application of James B. Kaminsky for a variance. Also included are notification to adjoining property own6rs as follows: Mr. Charles King, V. Fox, Box 715, Melville, N.Y. JTT/bn cc:file Eric./ Box 669, Mattituck, N.Y. 11952; Mrs. 11747. Elizabeth Southold Town Board of Appeals MAIN ROAD-BTATE ROAD 25 BOUTHOLD, L.I.. N.Y. ]lg?l TELEPHONE (,516) 765-1809 APPEALS.BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .IR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TYPE II ACTION DESIGNATION 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. 2703. Application of JAMES B. KAMINSKY, 100 sast Mll~ Road, Box 153, Mattituck, NY 11952. Location of Projec_~%: 1000-1U6-4-4. 100 East Mill Road, Mattituck;. Permission Requested: To construct building with insuffi- cient side and rear yard setbacks in a B-1 Zone, Art. VII, Sec. 100-71. 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 Map showing the subject property, &other documents as may be required. 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: May 28, 1980. TOWN OF SOUTHOLD SHORT ~IRONMENTAL ASSESSMENT FOI0 INSTRUCTIONS: -- (a) I~ Order to answer the questions in this short EAF it is assumed that the preparer will use_currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) En--~ronmental Assessment 1. Will project resul'~'"in o large physical change to the project site or physically alter more than 10 acres of land? ........................ Yes ~/No 2. Will there be a major change to any unique or unusual land form found on the site? .........., Yes ~No 3. Will project alter or have o large effect on existing body of water? ....................... Y~s ~/No 4. Will project have a potentially large impact on groundwater quality? ....................... Yes ~No_ 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes /,N0 6. Will project affect any threatened or endangered plant or animal species? ........... __Yes 7. Will project result in o major adverse effect ~/N on air quality? ............................... __Yes o 8. Will project have o major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes ~/No 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental oreo by o local agency?.. .~. -'- ' , .... '' 10. Will project have a ~o j~fjj~ j~ j~i;~i~" Yes or future recreational opportunities? ......... __Yes ~/No 11. Will project result in major traffic problems o~ cause a major effect to existing 'o ........ Yes v/No transportat~ n systems? ............... 12. Will project regularly cause objectionable odors~ noise~ glore~ vibrotion~ or electrical of th p ject' disturbance os a result e ro s ti ? opera on .................................... Yes o 13. Will project hove any impact on public health or.safety? .................................... Yes ~/No 14. Will project affect the existing community by directly causing o growth in permanent population of more-than 5 percent over o one year period or hove o major negative effect on the character of the community or neighborhood? ................................. Yes 15. Is there public controversy concerning the Yes o PREPARER'S SIGNATURE REPRESENTING TOWN CLERK 765-3783 Building Dept. Planning Bd, 765-2660 Board of Appeals 765--1809 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, the .. , .B~.&~.~..O.~...~3 .j~..~.~.~. ............... of the town of...~.O.~....'~O..~.~. .................. (agency involved) hereby refers the fotlowing proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits Bppiml No. 2'/03 NE. ~uo8 B. Xmu~noky R.F,Do 1, Box XS3 Mattltuok~ NY 11952 ~. ......... Variances Ji."t.. VXXt Soot:Ion 100-71 Location of affected land: .1D.G..Ralt...~Lll..l~:~d**.~ttlttmk....igO.0.-. zG6.~4~.4~ .................. within 500 feet of: (check one or more) ~ ~X~,,,. ......... 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 building wl~h tnsu~:Lo:Lent f~dn and re&~ yo~d 'setbacks as &pplted for and shown on t4M &ttaehed. B-[ Zone. (.~i~necl) fJoore~ary Tide Date received by Suffolk County Planning Commission .................................................................................... File No ................................. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the P~tition of :]amee B*' Kam:[.neky to the Board of Appeals of the Town of Soul, hold 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) (:~l~e~E~x~elil~be~Jt~(~l~e~i~lkR~m~e~(tblxfte~l~l~o~l~ie~x to erect a eta:sos building uith insufficient rear and side ya:d setbacks. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Bounded on the no:th by East ~1ill Roadl on t:he east by Eo ~'oxl on the south by C. Kingl end on the west by Mattituck Inlet. That the property which is the subject of such Petition is located in the following zoning district: B-1 4. That by such Petition, the undersigned will request the following relief: a variance ~;o allow us to build with insufficient rear and side yard setbacks° 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Rrticle V][T 100--71 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, $outhold, 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 inlthe 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: May 20~ 1980 Petitioner :)ames 8. Kamineky Post Office Address R,F.D. 1~ Box 153 ~sttttuck~ N= Y. 11952 NAME PROOF OF MAILING OF NOTICE ADDRESS Hro Cbarlea King Box 669, Hettituck, NIU York 11952 Mrs. Elizabeth Vo Fox BOX 715, eiviii-, aa, York 11747 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: .'l. mm~ R. gamtnaky ,residingat R.F.D. 1.. Box 153: Mattituok.. N. Y. , being duly sworn, deposes and says that on the 2g~h day of ~lay ,19 80 , 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- ficeat Mm~:t:~:umk. Na~ York 11952 (certified) (registereci)~ mail., Sworn to before n~e this day of -~ /Notary Public JOYCE M. SKWAF~A No. 52-466~491 ; that said Notices/w~re mailed to each of said persons by FORM NO. 1 " O. TOWN OF SOUTHOLD ~ BUILDING DEPARTMENT TOWN HALL - - SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................. 19... Approved-. ....... : ........ 19... Permit No ............ Application No ..... ; ............ Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT . ~- ' INSTRUCTIONS .'a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Buildin: Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli . c. The work covered by this application may not be commenced before issuance of Building Permit. ·' .d Upon' approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permi shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanc.' shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to-the Building Department for the issuance of a Building Permit pursuant to th. Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances o Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described The applicant agrees to compjy ~ith. all applicable laws, ordinances, build, jn~_gfcode, housing, code, andfegulations, and t, admit authorized inspectors on premises and in buildings for necessary ins~egfions. State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde, - ' ~0~.~.~ R ................................................... Name of owner ;f premises .. ':..J ~/v~ ~. S. -~.-. l< A/Fl i. t~. S/~-X- ' (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. , (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... ]Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done ................................................. ..... /00. ................. ~-.A,,.%-U. . .[Yl i~. L i.["~O. AZI> ........... ~..'~AT.T.t. TtlC-. I~i J~o ~. ...... House Number " Street Hamlet .7. · Co'U~ty Tax Map No. 1000 Section .- ............ Block .... ... Lot ..... ' .......... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and iniended use and occupancy of proposed c°nstructi°n: a. Existing use and occupancy ....~ F-..~ ! .G>.E JV.C_/F-.... A M]~.~ · · .~. ,t.~ J'J d/xJ.~.. · · .~)DC. 1~ ,'. .......... b. Intended use and occupancy ..... ] ............. .~A/~1~-~ ........................................ - o 0 3. ,Naru.*e of work (check which appli e): New Building .... .lr~.... Addit .......... Alteration .......... ~epair .......... ' .... Removal .............. Demolition .............. Other Work ............... , (Description) 4. Estimated Cost.. J~' '['"~t O0-C ........... :." :'i ::; ..... Fee ........ ;~ ~.~-&....-'T..: ................ ' -' (to be paid on filing this application) 5. If dwell/ng, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ~ 7. Dimensions of existing structures, if any: Front ............... Rear . i ......... ;.. Depth ............... Height ............... Number of Stories .................................................... Dimensions of same structure with alterations or additions: Front ................. Rear .................. Deoth Height 5-. ....... Number of Stories ...... - · ................................ ' 8. Dimensions of entire new construction: Front .... z/t). ~ ~.~: Rear ..... .~t2 ...... Depth Height ............... Number of Stories ................... 'i. ................................." 9. Size of lot: Front ...... II.&,.~TCI ........ Rear ...... 5.l .3-,- ~. <9,... Depth .... J,td'.,.~>.6/ .......... 10. Date of Purchase ...... I/to/.7.g.............. Name of Former Owner [4~t,pl~o.,5 ,.~.,~¢!~ 11. Zone or use district in which premises are situated .... /~.x I ............................................ 12. Does proposed construction violate any zoning law,, ordinance or regulation: ...................... ~';i'' '-~ 13. Will lot be re,faded ...... fi2.0 ....~ .......... .... , Will e~cess fill be removed fi-om premises: 14. l~e of Ow[er of premises J/~t~. ~',q/~4At3~.g. Address s~ ~ ../~o. lt/3.R,~BTl'.~hone No..,~.~.~/7.<~1... ~~ ~ ,Name of Architect ............... : ..... '-.,. .... Address ................... Phone No._....,... ~; ....... ' Name of Contract(~r t,J~O/ua~i'~ot-E:~l-:J>6.~o,J.q:~, ddress -.. :. :'----:--' ...... Pho,ne Locate dearly and distinctly all buildin~-~li~-ther-exi~ting-or proposed, and:indicate all set-back dimensib~ns from property lines. Give street and block number or description according to deed, and show street names and indicate.. --. whether.. . interior or comer lot. £ STATE OF NE~YORK, COUNTY OF. ~.C'~. F. ¢: .~J<... S.S ..... .J ~. tq ~'-3. :~:~...~'~ lq t Id ~ K. )~ .............. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ........ /d .Ix2 13 .~..r~. ..................................................................... (Contractor, agent, corporate officer, etc.) of-said-ownev-or-oveners, and is duly authorized to perform or have performed the said work and to make and ~e this application; that all statements contained in this application are true to the best of his knowledge and belief; and_that the work will be performed in the manner set forth in/he application filed therewith. Sworn to before me this - ......... .......... [ J Il .... H~ B. TARDY ~' I / OJARY PUBL C Stol.-, of New Yo~ Commissioq ~pires ~arch 30, 19~ g (~ignature.of applicant) TOWN OF ~0 t,1^p oF P?OP, ERTy 5URVEVE. D JANES B, KAMINSKY HAT T ' TUCK . TOWN OF ~,JFFOLK CO.I'AX PIAP P. ODE~CEK.¥AN"TL)%';P:~' "i" '