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HomeMy WebLinkAbout2685 © O TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONII~G BOAI~D OF APPEALS Appeal No. 2685 Dated March 25, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. William J. Jacobs, as agent for Mr. and Mrs. Emanuel Lorras Depot Lane, Cutchogue, NY 11935 DA~E .5./.22~..8.0 AppeUant at a meeting of the Zonin~l Board of Appeals on May 22 was considet~cl and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Reo~est for a variance to the Zoning OrdinanceArt. III ( ) 1980 Section 100-31 the appeal 1. I~I~NX~ ~~ R~ ~ ~ ~ ~9~fltlX K~gl~t~ Y, iX ~ X Y,~X X granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be conf~rmed because Application of EMANUEL and VENITA LORRAS, Depot Lane, Cutchogue, New York for a variance to the Zoning Ordinance, Article III, Section 100- 31 for permission to construct addition with insufficient rearyard setback at property known as 2135 Bay Avenue, East Marion, New York; bounded north by Schwab, east by Massaro,· south by Vasquez, west by Bay Avenue; County Tax Map Item No. 1000-31-17-4. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (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 ihe same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection, the Board finds that applicants are requesting permission to construct proposed addition to existing dwelling with an insufficient rearyard setback of approximately 21 feet. Upon inspection, the Board found that with the proposed addition and existing buildings on the premises, coverage of the lot area would exceed the 20% maximum permitted, unless the size of the addition were reduced about 200 square feet in floor area. The Board has also found that the property is very limited in area, con- taining approximately 6,000 square feet. The Board does agree with the reasoning of the applicant. The Board finds that the circumstances present in this case are 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. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that EMANUEL and VENITA LORRAS, in Appeal No. 2685, be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition with an insufficient rearyard setback, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the coverage of the lot area shall not exceed the 20% maximum permitted, and (2) That not less than a 27-foot rearyard setback is permitted. Location of property: 2135 Bay Avenue, East Marion, New York; bounded north by Schwab, east by Massaro, south by Vasquez, west by Bay Avenue. County Tax Map Item No. 1000- 31-17-4. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Douglass, Doyen and Goehringer. APPROVED i':-dCEIVED AND FILED BY so, 'i om Town Cle~:k, Town of Southold © 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, May 22, 1980: 7:35 P.M. Application of MARINO FARAGUNA, 175 Park Avenue, Berkeley Heights, New Jersey 07922, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient sideyards at property known as 5675 Skunk Lane, Cutchogue, New York; Lot 113 of "Nassau Farms" filed Map #1179; County Tax Map Item No. 1000- 138-2-10. 7:45 P.M. Application of EMANUEL & VENITA LORRAS~ rDepot Lane,~el_N__~York_f__~o_~_a___y~riance to the Zoning Ordinance,~Arti~_l~_¥//:~$~ion_lOQr3!~ for p~rmission to construct addition with insufficient rearyard setback at property known as 2135 Bay Avenue, East Marion, New York; bounded north by Schwab, east by Massaro, south by Vasquez, west by Bay Avenue; County Tax Map Item No. 1000-31-17-4. 8:00 P.M. Application of VICTOR E. CATALANO, 22 Canterbury Drive, Hauppauge, New York 11787, for a Variance to the Zoning Ordinance: (a) Article III, Section 100-31 for approval of insufficient road frontage; (b) Article III, Section 100-31 for approval of insufficient area due to proposed change in lot line[s]. Location of property: South side of Great Peconic Bay Boulevard, Laurel, New York; bounded north by Great Peconic Bay Boulevard, east by Pridgen, south by Peconic Bay and/or Catalano and Estate of A. Cardinale, west by Croce and Keller; County Tax Map Item No. 1000-128-6-13.1, 13.2, 13.3. Legal Notice (continued from page 18A) 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 fol- lowing matters will be held for public hearings by the Beard of Appeals, Town of Seathold, at the Town Hall, Main Read, Southold, New York on Thurs- day, May 22, 19~0: 7:35 P.M. Application of MARINO FARAGUNA, 175 Park Avenue, Berkeley Heights, New Jersey 07922, for a Variance to the Zoning 'Ordinance, Article III, Section 100-31 for permission to con- struct dwelling with insuffic- ient sideyards at property known as 5675 Skunk Lane, Cutchogue, New York; Lot 113 of "Nassau Farms" filed Map #1179; County Tax Map Item No. 1000-138-2-10. 7:45 P.M. Al~olication of ' Ne.w~Y?k~.for a Vamance to insufficient rearyard setback at property known as 2135 Bay Avenue, East Marion, New York; bounded north by Schwab, east by Massaro, south by Vasquez, west by Bay Avenue; County Tax Map Item No. 1000-31-17-4. 8:00 P.M. Application of VICTOR E. CATALANO, 22 Canterbury Drive, Haul}- pauge, ' · York 11787, for a Variam he Zoning Ordin- ance: (al Article III, Section 100-31 for approval of insuffic- ient road frontage; (b) Article III, Section 100-31 for approval of insufficient area due to proposed change in lot line(s). Location of property: South side of Great Peconic Bay Boulevard, Laurel, NewYork; bounded north by Great Pe- conic Bay Boulevard, east by Pridgen south by Peconic Bay and/or Catalano and Es- rote of A. Cardinale, west by Croce and Keller; County Tax Map Item No. 1000-128-6-13.1, 13.2, 13.3. 3:20 P.M. Application of FRANK E. BROPHY, Sec- ond Street, New Suffolk, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the construction of addition with insufficient front and side yard setbacks at property known as 75 Second Street, New Suffolk; bounded north by Grathwohl & Pugsley, east by Second Street, south by Woodard and Wetzel, west by Martin and Third Street; County Tax Map Item No. 10~)-117-10-20.7. 8:30 P.M. Application of RICHARD and MARY LIND- SAY, 435 Watersodge Way, Southold, New York for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct addition with insufficient frontyard at property known as 435 Watersedge Way, South- old; bounded north by Waters- edge Way, east by D~bany, south by Little Pecoe 'ay, west by Bourgin; Coul. ~ l'ax Map Item No. 1000-88-5-59. 8:45 P.M. Application of KENNETH STRACHAN, JR., Peters Neck Road, Orient, New York for a Variance to New York Town Law, Section 280A, for approval of access. Location of property: Right- of-way off South Side of King Street, Orient; County Tax Map Item No. 100~27-4-9. 8:55 P.M. Application of KENNETH STRACHAN, JR., Peters Neck Road, Orient, New York for a Variance to the Zoning Ordiqance, Article III, Section 100-32 for permis- sion to locate accessory build- ing in an area other than the rearyard. Location of proper- ty: Right-of-way off South Side of King Street, Orient; part of County Tax Map Item No. 1000-27-4-9; also referred to as Lot 2 of Property of Margaret L. Strachan. 9:10 P.M. Application of RENE GENDRON, Youngs Avenue, Seathold, New York (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of insuffic- ient area. Location of proper- ties: Lots 9, 11 and 12 at South Harbor Homes, Grange Read Extension, Southold; County Tax Map Item Nos, 1000-754- 9, 10, 12. 9:25 P.M. Application of FRANK and JACQUELINE WEBER, 2030 Jockey Creak Drive, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission )n- struct dwelling with im_.fie- ieni sideyards at property known as 2030 Jockey Creek Drive, Seathold; bounded north by Jockey Creek Dr., east by Wohlberg, south by Jockey Creek, west by Black- burn; County Tax Map Item No. 1090-70-5-21. 9:40 P.M. Application of ROBERT W. BROOKS, Holmes Road, East Lyme, Connecticut 06333, for a Var- iaece to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area, width and setbacks. Location of property: Winthrop Drive and Reservoi~ Road, Fishers Island, New York; bounded north by Gada, east by Reset- voit Road, south by Winthrop Drive and Cleveland, west by Silver Eel Cove; County Tax Map Item No. 1000-9-8-3. 9:55 P.M. Application of RICHARD ZEISLER, c/o Phi- lip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, New York 11901, for a Var- iance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18A, B for permission to construct base- ment below the restrictedbase flood elevation in a special flood hazard zone. Location of property: Jacksons Landing, Mattituck; Lot 7 of Map of Jacksons Landing; County Tax Map Item No. 1000-113-4-9. Dated: May 7, 19~0. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 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 Hall, Main Road, Southold, New York on Thursday, May 22, 1980: 7:35 P.M. Application of MARINO FARAGUNA, 175 Park Avenue, Berkeley Heights, New Jersey 07922, for a Variance to the Zoning Ordinance,, Article III, Section 100-31 for permission to con- struct dwelling with insuffi- cient sideyards at property known as 5675 Skunk Lane, Cutchogue, New York; Lot 113 of "Nassau Farms" flied Map #1179; County Tax Map Item No. 1000-138-2-10. 7:45 P.M. A~lication of & ~"~ork for a Variance to the Zoning Ordinance, Article III, at property Known as 2135 Bay Avenue, East Marion, New Pet,s Neck Road, Orient, NeTM York for a Variance to the ~ning Ordinance, A~icle III, Seaion 100-32 for permission to locate accessory building in an area other than the rear- yard. ~cation of prope~y: ~ght-of-way off South Side of 'King Street;~ Orient; p~ of County Tax ~Map tf6~' No. a~-~v.a.q, also referred to as Map Item No. 1000-9-8-~. 9:55 P.M. Application of RICHARD ZEISLER, c/o Phi- lip J. O~ias, Jr., 'Esq., 737 Roanoke Avenue, Riverhead, New York 11901, for a Vari- ance to the Flood Damage Prevention Law of the Town of Southold, Se~ion 46-18A, B for permission to constru~ basement below the restri~ed base flood elevation in a special flood hazard zone. ~cafion of prope~y: Jacksons Landing, MaRituck; ~t 7 of Map of Jacksons Landing; County Tax Map Item No. 1000-113-4-9. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Dated: May 7, 1980 1T, 5/15/80 (206) CCKj~Ty OF SUFFOLK STATF OF NEW YORK Patricia Wood, being duly SWorn, says that she is the Editor, of THE LONG ISLAND TRAV£LER-WATCHA/tAN, a public newspaper printed at Southold, in Suffolk County; ~nd that the notice of which the annexed is a Printed copy, ~as been Published in said Longslsland man once each week for ............ /. Traveler-Watch. .......................... weeks successively, commencing on the .................... · ........... .' .... .............  ........................ cloy or .. re me this .... · ......19...~...... CLEMENT j, THOMPS©~, NOTARY PUBLIC, State of C) O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~9~/ ~ DATE ~.....~....~...~...~... TO THE ZONING BOARD O~ APPEALS, TOWN OF S~THOLD, N. Y. 1, (~ ...~..~.l..).$.tJ..~.....~ .....~.~.~.~..z~ ......at .~..~.: ............................................................... -- Street and Number THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ~U~L ~ ~.'..~...t~ Name of Applicant for permit o, ..... ..... ~'r'~t '~'nd NumB~ ................'Mu~i'cipality .............§~ ........~" ......... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF~.E PROPERTY .............. ~.,,~..~U~. .............................................................. StrSet Use District on Zoning Map .... ........... .~ .......... .:.I.L.-:..~ ....................................... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Para rg~qph of the Zoning Ordinance by number. Do not quote the Ordinance.) /oo '--~ 1 3. TYPE OF APPEAL Appeal is made herewith ~or ('N/~~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack o~ access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h~')-~a.s.not) been made with respect to this decision of the Building Inspector or wJth respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that ~orm ~.~! (Continue on other side) 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~. ,-r~ .~. ~ , w,-~z~ .~ ~ /~ ~ ~ ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity ofthispropertyand in this usedistrict because .~~_~ CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) cou.TY ss Swam to this c~ ~/-'~ doyof '~z~~ 19 o0"/~' ELIZABETH ANN tIOT~RY PUBLIC, St!re bf. Term ~x~it~s ~rciJ ~0. .... WEST STAR /ROAO - - :-~ w ,'Y ~_ ~,, DOGWOOD ~ V ZONE C D~v~ OSPREY 14 ZONE B '~LEy ~VE ZONE C // : DEPARTMENT OF PLANNING LEE E. KOPPELt~I^N May 30, 1980 Town of Southold Board of Appeals Pursuant tb 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 Kenneth Strachan, Jr.. Frank & Jacqueline Weber Mr. Robert W. Brooks by Richard F. Lark, Esq. 2697 2699 2700 C6~q :jk Very truly yours, Lee E. Koppelman Director of Planning CtI:ILF PLANNER TOWN CLERK 765-3783 Building Dept. Planning Bd. 76~-2660 Board of Appaala 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.a.r..d..o.f..a. pp.e.a..1.s ............. of the town of ..... .S .o.u.t.h..o.l.d. ............... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits .......... ~ Variances Re: Appeal No. 2685 Emanuel & Venita Lorras 2135 Bay Avenue East Marion, NY 11939 within 500 feet of: (check one or more) .......... ~ Town or village boundary line, or shore line Marion Lake frontage ................ 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: Permission was granted to construct addition to existing dwelling with an insufficient rearyard setback of not less than 27 feet. Lot coverage may not exceed 20% maximum permitted. Date: ...F~a.y.:..2.9.,....l.9.8 .Q .............. (signed) .~n~a.. ~o~.~k~k ,... ~..~g.~..~.~..a...rS~ ................... Title Date received by Suffolk ~unty Planning ~mmission .................................................................................... File No ................................. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPF_/2WOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 2685 - E. &.V. Lorras (Addition in Rearyard Area) Gentlemen: Enclosed is a copy of the appraisal of the existing dwelling at 2135 Bay Avenue, East Marion, N.Y. for $19,000.00 by the Russell P. Silleck Agency and a copy from the builder, William J. Jacobs for the addition at a price of $9,000.00. I do not consider this to be a "substautial improvement"; therefore, a Development Permit to build in this flood zone is not required. Very truly yours, // GEORGE H. FISHER Sr. Building Inspector encl. GHF/mw ell Russ 1'. Silleck CUTCHOGUE, NEW YORK 11935 REAL ESTATE TELEPHONES Office: 734-6699 734-6714 Home: 734-5047 734-6024 May 1, 1980 Mr. William Jacobs Depot Lane Cutcho&ue, N.Y. 11935 Dear Bill; As per your request of the 27th. of April, I have looked at the Emanuel Lorras home located on Bay Avenue (Tuthill~s Path) East Marion, N.Y., section 031, block 17, lot 4. The home measures 21~ X 42~ and consists of 2 bedrooms, bath, livinS room, dinin§~ room and an enclosed porch. After a brief inspection I would aay the house would be woTth approx; $19,000 without the property. If you need any further information please call. See you soon. Yo~ T~ru ly LISTINGS INVITED FARMS · SUMMER HOMES & YEAR ROUND HOMES WSLLL~I J. J~co~s DEPOT LANE CUTCHOGUE, NEW YORK 11935 734-5815 0 / - J 7- oc~o 0 0 Southold Town Board of Appeals SOUTHOLD, L.. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHAR LES GR IGONIS, JR.~, Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer April 18,~1980 Southold Town Building Department Town Hall Southold, New York 11971 Re: Appeal No. 2685 - Emanuel & Venita Lorras Variance application for the Construction of Addition in Rearyard Area Gentlemen: The above application has recently been filed with this Department requesting permission to construct an addition in the rearyard area at premises known as 2135 Bay Avenue, East Marion,-New York; County Tax Map Item No. 1000-31-17-4. The Board is concerned as to whether a Development Permit pursuant to the Flood Damage Prevention Law has been issued inasmuch as the property appears to be in an ~F .~8-Flood Zone, "Special Flood Hazard Area," and the addition is proposed to be constructed in a floodway. If a Development Permit has not been issued, it is the febling of the Board that an application should be made in order to establish whether or not the applicant's plan will conform to the requirements of the Flood Damage Prevention Law, Section 46-18/%.' ~T£.' ~75. Your comments as early as possible will be greatly appreciated. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN Llnda Kowalski,. Secr. Re: Lorras Broker's appraisa~ received indicating less than 50% of improvements. V-5 Flood Zone. Buildi~ Inspector states no variance ~0 Flood Law needed due to less than 50% of improvements. No comments from D.E.C. as of 5/19/80. Appears to cover slightly more than 20%. MEMBERS - CHARLES GRIGONIS, JR., Chairman SERGE DOYEN, JR. TERRY' TUTH ILL ' ROBERT J. DOUGLASS Gerard P. Goehringer . Appeal No. 2685. Applicant'S Name and Address: · Cutchogue, New York 11935. NOTICB OF COMPLETE APPLICATION Emanuel and Venita Lorras, Depot Lane, Location of Pro~ect.: 2135 'Bay AVenue, 'Eas~ Marion, New York" . ...County Tax Map Item No. 1000-31-i7J4. -' Other agencies which may be involved:. _ .'C°unty-Plannlng. Commission'and." ';~' New:York State Dept. of.Environm~ntaI"Consgrva~ionJwlthln-"300-.feet of -~?:=.~"~,' Mar~0n Lake)..-- ' :~ '" '-~L33.. [ ] This Board does' not wish tO assume lead agency status .inasmuch as the application before.this Board involves - -- ".~.. ~.:. ~- such a small area compared to what is anticipated by . the applicant and/or pending before another agency. "~'" ' Other notes: . - ~-' ":.[XX] NO lead agency :has.yet been determined2:t'written.comments and/or :--'.~e~ommendati0ns-shal~ be received by this office .until April 9, :-:':.~ - - 1~9~,0., We shall ~nterpret a lack' of response to mean 'there is no I.:' ~D'~ : ; 'ob]ect~on ~y your agency~ -'.' ''' ". - ' .. [- ]' 'This project is'classified as a Type II Action not h~ving ~- a significant effect'upon the environment. Other-agencies .~- may be involved but the optional coordinated procedures -. ~.. for designating lead agency and determining significance ~-'=- .....'-' will'not be followed. The Board of Appeals has' determined - ' ' that this project will not have a significant effect on the ..._ - ' environment if the project is implemented.as planned in · . -the subject application.- ' - ' . ~' .: " '" ' -' - ': ~:L '~'.[ This project is.classified as an unlisted action. No · :::r.'- other agencies appear to be involved, therefore, the Board "?~:-f7-='~' Of Appeals is automatic %ead agency and has determined that- '.-" ~'~-: !~' this project if implemented as planned~ ( ) does not have a significant effect upon the environment.. .. ( ) may. have a significant effect upon the environment.' A~' env%ronmental assessment in the. long form and Draft is required to be filed with this office. This file may be reviewed by the public at this office any day Monday through Friday, 9:00 a.m. until 4:00 p.m., except holidays. Written comments may be submitted to this off~ce until April 9, t980. For further information, please contact Linda Kowalskl, Secretary for the Board of Appeals at (516) 765-1809, or by mail to the above address. Dated: Marc5 25, 1980. Copies to: .~fC. Southold Town Board of Appeals SOUTHOLO, L. I., N.Y. 11c3'71 TELEPHONE i516) 765-1809 ~ APPEALS BOARD MEMBERS CHAR LES GRIGONIS, JR.~ C h a i~r~[ta_,-~_ SERGE DOYEN, JR. 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. 2685. Application of Depot Lane, Cutchogue, NY. Emanuel and Venita Lorras, Location of Project: 2135 Bay Avenue, East Marion, NY. Permission Requested: To construct addition with insuffi- cient rearyard setbacK. (V Zone, Flood Damage Prevention Law Maps) 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 ~ap 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 7, 1980. *Subject to D.E.C. and County Health Department approvals, required. if TO~N OF SOUTHOLD "SHOR! ~Rq~ENTA~ ASSESSJJEN~ FO~- INSTRUCTIONS: to) In' br'd~r~'~Ce onsw~r::~e.qu~stions-in this short EAF it is assumed that the preparer will use currently available ~nformot£on concerning {he project and the likely impacts of the action. It is not expected that a~ditionol studies, research or other investigations will be ~ndertoReno · (b) If any ~uestion bas been answered Yes the project may be significant and a completed Environmental Assessment Form zs necessary. (c) [.f ol[.quest['ons.have been answere~ N~ it is likely that this project is.not significant .... (d) E~vi'ronmental Assessment ~. .Will project resul't in o ~orge physical change to ~he project' Site or physically alter more /~o than 10 acres of land? ........................ Yes 2 Will there be a major change to any unique or / ' . ..... ; Yes, · .unusual la~d form found on the-site?. --, 3. Will project alter or have a large effect on existing body Of water? ....................... . y~s. o . 4.' ~ill project have a potentially large impact - on groundwa~&r quality?...; ................... Yes No 5. '~ill pmoject significantly effect drainage Y flow on adj6cent sites? ........................ es ~ Will ~roject affect any threatened or . endangere~ pla~t or animal species? ........... _. Yes. No 7. Will project result in o major adverse effect , on air quality? ............................... . Yes No' Will project have o major effect o. visual charoFter of the community or scenic'v~ews or vistas Enown to.be important to the community?. Yes ?. ~ill project adversely impact any site or -.. structure of historic, prehistoric or paleontological importance or any site designated os o crlticol environmental oreo / by o local agency? ...... ~ ..... '.~--'~o~'~'~'-~'~. Yes ~ No- lO. Will project 'have a major effect on existing 'or future recreational opportunities? ......... .,. Yes o ll. Will project result in major traffic problems or.cause o major effect to existing transportation systems? ....................... Yes NO 12. Will project r~gularly cause objectionable odors~ noise, glore~ vibrotion~ or electrical - disturbance os o result o~ 'the project's /l~ operation? .................................... Yes, o 13'. Will project have. any impact on public health . or.safety?.-' .................................. - 14. Will project affect the existing community by directly causing o growt~ in permanent . population of more than 5 percent over a one year period or have o major negative effect on the character of the commun or neighborhoodS.- ................... Yes, l~. Is there public controversy concernin~ the project? ...................................... - Yes. Re: Lorras Per conversation with Town Attorney 4/23/80, 1. This area zoned V-5 is in the process of being changed to A-5 in few weeks. 2. Appraisal from licensed real estate broker required (through Building Dept.) obtained by applicant showing market value of existing bungalow, and estimate of addition· If more than 50% of market value of existing structure, project must comply with restrictions of Flood Law, as follows: Section 46-17A(1), 46-17B,C, 46-18A. If no change in V-5 Zone must also comply with these sections unless variance is obtained: 46-19A,B. (Need Building Inspector's determination.) JUDITH T. TERRY . TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-180! Southold, L. I., N. Y. 11971 blarch 25, 1980 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk JTT/bn ccFile Enc./ Transmitted her~ith is Zoning Appeal No. 2685 application of Emanuel & Venita Lorras for a variance. Also included are notification to adjoining property owners as follows: John Massaro, 5.Appletree Lane, Great Neck, N.Y. 11020; Donald Vasquez, 46 Roundabout Road, Smithtown, N.Y. 11787; Allen C. Schwab, 129 Circ~l~ Drive, Manhasset , N.Y. 11030. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN (~LERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date //~/~/~ ~TLy 19 ~' .~../.p., · ~L~ ~ d~c o~ s PLEBE TAKE NOTICE t~at your application dated ............................. ~.~....~..~, for permit to construct ........................................ at the premises I~ated at .................................... .~.L.~.~......~.~. ........ ~..C~ ............... s~ [~ST Map ~ Block ............ ~ ....................... L~ ................................................ is returned ~erewit~ and disapproved on t~e following grounds ........ I..~(.~.~.LC.~ ............... ....... ~:~ ........... ~ ........ ~....h~.~ .......... C,~.Z.~.d. ..................................... Building Inspector W..~ J. Jncoas DEPOT ~ANE 734-5815 0 0 Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHAR LES GRIGONIS, JR.~ C ha ~. zTita~t SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer March 25, 1980 Mr. William J. Jacobs Depot Lane Cutchogue, NY 11935 Appeal No. 2685 ~ Application for Emanuel & Venita Lorras Dear Mr. Jacobs: You recently filed a variance application with the Town Clerk's Office regarding a proposed addition in the rearyard area. The attached environmental assessment form is returned ~arew~th for your signature. Also, please advise in writing approximately how much of a rearyard setback you are request- ing. If you have any questions, please do not hesitate to call. Sincerely yours, Secretary Board of Appeals Enclosure 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 (VariJnce)(Special Exc~pt~,~ial ~-~L~/~4 ~ Permit) (the following relief: ). 2. That the property which is ~be subject of th~°etition is located adjacent to your property and is des- cribed as follows: ,~";~'~ --~/~'-~. ~/~x~/ ~-'-C_- 3. That the property w~,~i~such Petition is located in the following zoning district: 4. T.bat by such Petition, the un~dersigned will request the following relie~f: $. That the provisjonsj;~f_t~e Southol~ Town Zoning Code applicable to the relief sought by the under- 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 yeur representative have the right to appear and be heard at such hearing. Dated: Petitioner Post Office Address~ ., ~ PROOF OF MAILING OF NOTICE POST OFFICE DEPARTMENT CERTIFICATE OF MAILING Received From: One piece of ordinary mail addressed to: MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE. - POSTMASTER Poe FORM 3817 One piece Of ordinary m~ai~ zgddressed to: One piece of ordinary mail addressed to: MAY BE USED FOR ~MESTIC AND INTERNATIONAL MAIL, ~ES NOT PROVIDE FOR INSURANCE, POD FORM 3817 MAY 1959 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ( ~ 'z.L::2g- ~/~. ~'~/,L-~ /~' ,,~. , being duly sworn, deposes aRd says that on the ~ day of ~ ~. ,.?~.*~ / ' .19 .~._.~_~, deponent mailed a true copy of the Notice set forth' on the're- verse sid~ heY~of, 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 Sout~old; that said Notices were mailed at the United States Post Of- fice at . ~'% .~ ..,~/~L ,~/'~/, ~f ./,// ; that said Notices were mailed to each of said persons by (certified) (reg~s"g't~ec~ mail. ' " Sworn to before me thjs ~ Notary Public ~/ ELIZABETH ANN NEVILL~ NOTRRY PUBLIC, State of Raw Yot~ No. 52-8125850, Suifolk Coupty Term E~pires March 30, 1~ MAp OF LA.dP ~U 12V r.-¥ f=D FO[Z EAOT M~2iO~ EAST MARl( CEMETERY x, 2.~ A 66'1 MARION LAKE ". ~" 19.8 A {c) TOWN OF SOUTHOLD MAIN ~0 7.6 A ._MAR/ON LAKE 9 6.2A (c) TOWN OF SOUTHOLO (UNDERWATER LAND) UNLESS DRAWN OTHERWISE ALL .(~) COUNTY O.F SUFF, ~Reol Property'Tox Servi¢ _-" ~-~.. :,{~- County Center :~'-.;--=:'~Riverhead L I.', N~w Y