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HomeMy WebLinkAbout2695 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~/G I~OARD OF APPEALS Appeal No. 2695 Dated April 22, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Mr. and Mrs. Richard Lindsay 435 Watersedge Way ~ Southold, NY 11971 5/22/80 DATE ....................... Appellant at a meeting of the Zoning Board of Appeals on May 2 2, 19 8 0, was considered 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) Request for a variance to the Zoning Ordinance Art.. III, Section 100-31 ( ) the appeal gra~ed ( ) be de.ed pursuant to Article: ................... Section .................... Subsection .................... paragra~ .................... of the Zoning ~dinance and ~e decision of the Building I~pecter ( ) be reversed ( ) be co~irmed became Application of RICHARD and MARY LINDSAY, 435 Watersedge Way, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with insufficient frontyard setback at property known as 435 Watersedge Way, Southold; bounded north by Watersedge Way, east by Debany, south by Little Peconic Bay, weft by Bourgin. County Tax Map Item No. 1000-88-5-59.' (SEE REVERSE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical .difficulties or unnecessary (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 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 derisions 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 an 8-foot addition to existing dwelling in the frontyard area with a setback of approximately 42 feet. Upon inspection, the Board has found that most of the homes in the immediate neighborhood have at least a 50-foot setback in the frontyard. Also, the Board has found that there are other areas available for the placement of the proposed addition, either at the east side for an addition, or in the rearyard for an accessory building, for the purposes of storage stated in the application. To grant a variance in this case would be unjustifiable, and would not be in keeping with the immediate vicinity of the subject property. The Board does not agree with the reason- ing of the applicants. The Board finds that the circumstances present in this case are not unique, and that strict application of the ordi- nance would not produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will change the character of the neighborhood and will not observe the spirit of the ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that RICHARD and MARY LINDSAY, 435 Watersedge Way, Southold, New York, be DENIED WITHOUT PREJUDICE a Variance to the Zoning Ordinance in Appeal No. 2695 as applied for. Location of Property: 435 Watersedge Way, Southold, New York; bounded north by Watersedge Way, east by Debany, south by. Little Peconic Bay, west by Bourgin; County Tax Map Item No. 1000-88-5-59. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Douglass, Doyen and Goehringer. RECEIVED AND FU_gD BY T~E SOIrfHOLD TOWN CLERK Town Clerk, Town of Southold © O Notice of Hearings Board of Appeals - May 22, 1980 Page 2 8:20 P.M. Application of FRANK E. BROPHY, Second 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 Jackson Street, east by Second Street, south by Woodard and Wetzel, west by Martin and Third Street; County Tax Map Item No. 1000-117-10-20.7. 8:30 P.M. _~pplication of RICHARD and MARY LINDSAY~ 435 Watersed~e Wa_~ Southold, New York for a Variance to the Zoning Ordinance, Article III~ Section 100-31 for permission. to construct addition with insufficient frontyard at property known as 435 Wate_rsed~e Way, Southold; bounded north by Waters- edge Way, east by Debany, south by Little Peconic Bay, west by Bourgin; County Tax 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 N~w York Towh Law, Sec%5on 280A, for approval of access. Location of property: Right-Of-way off South Side of King Street, Orient; County Tax Map Item No. 1000-27-4-9. 8:55 P.M. Application of KENNETH STRACHAN, JR., Peters Neck Road, Orient, New York for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in an area other than the rearyard. Location of property: 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, Southold, New York (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31, for Legal NotJc- (continued from page i~A) NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Soutbold, the fol- lowing matters will be held for public hearings by the Board of Appeals, Town of Soutbold, at the Town Hall, Main Road, Southold, New York on Thurs- day, 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 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. Application of EMANUEL & VENITA LOR- RAS, Depot Lane, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permis- sion 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. 0:00 P.M. Application of VICTOR E. CATALANO, 22 Canterbury Drive, Haup- pauge, New York 11787, for a Variance to the Zoning Ordin- ance: (a) 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, New York; bounded north b~/ Great Pe- conic Bay Boulevard, east by Pridgen south by Peconic Bay and/or Catalano and Es- tate of A. Cardinale, west by Croce and Keller; County Tax Map Item No. 1000-128-6-13.1, 13.2, 13.3. 8:20 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. 1000-117-10-20.7. South~old~ New York for a 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 Debany, south by Little Peconic Bay, we: Bourgin; County Tax Mat, .,em No. 1000-88-5-59. 0:45 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; Counfy Tax Map Item No. 10~0-27-4-9. 8:55 P.M. Application of KENNETH STRACHAN, JR., Peters Neck Rgad, Orient, New York for a Variance to the Zoning Ordinance, 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. 10~)-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, Soutbold, New York (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section I00-31, for approval of insuffic- ient area. Location of proper- ties: Lots 9, 11 and 12 at South Harbor Homes, Grange Road Extension, Southold; County Tax Map Item Nos. 1000-75-4- 9, 10, 12. 9:25 P.M. Application of FRANK and JACQUELINE WEBER, 2030 Jockey Creek Drive, Southold, New York 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 2030 Jockey Creek Drive, Southold; bounded north by Jockey Creek Dr., east by Wohlberg, south by Jockey Creek, west by Black- burn; County Tax Map Item No. 1000-70-5-21. 9:40 P.M. Application of ROBERT W. BROOKS, Holmes Road, East Lyme, Connecticut 06333, for a Var- iance to the Zoning Ordinance, Article III, Section 10(Y31 for approval of insufficient area, width and setbacks. Location of property: Winthrop Drive and Reservoir Road, Fishers Island, New York; bounded north by Gada, east by Reser- voir 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, e/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: Jacksoes Landing, Mattituck; Lot 7 of Map of Jacksons Landing; County Tax Map Item No. 1000-113-4-9. Dated: May 7, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law ~md the Pro- visions o~ the Amended Code of the Town of $outhold, 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 IH, Section 100-31 for permission to cun- Struct dwelling ~ith insUffi- cient sideyards at property known as 5675 Skunk Lane, bounded north by Grathwohl & Pugsley, east by Second Street~' south by Woodard and Wetzel, west by Martin and Third.S~treet; County' Tax Map Item N~. 1000-117-10-20.7. 8:3~) P.M. Aonlication of RICHARD and MARY LIND- - salt 435 Watersedge Way, ,' Southold, New York for 'a' i Variance to the Zonlno Ordin- _~ ance. Artmle HI. Section 100~ _ 31 for perm~ssion to construct .., addition with insufficient '~- f~oatyard at property known nc 435 Watersedge Way, South' old; bounded north by Waters- _~. e_ast by Debany, of property: Winthrop Drive and Reservoir Road, Fishers Island, New York; bounded north by Gada, east by Reser- voir 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 Vari- ance to the Flood Damage PreVention Law of the Town of Southold, Section 46-18A, B for permission to construct basement below the restricted base flood elevation in a spect~tl 'flood hazard zone. Location of property: Jacksons Landing,'Mattituck; Lot 7 of lV~ap 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) CCXJ~ITY Of: SUFFOLK STATE OF N~V YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ~ public newspaper printed at Southold, in Suffolk County; ond that the notice of which the annexed is a printed copy, fas been published in said Long, Island Traveler-Watch- man once each week for ........... /. ........................... weeks successively, commencin!D on the ./.~.... .............................. o, .................... , Sworn to before me this /-~,- d~v ot CLEMENT J. THOMPSON NOTARY PUBLIC, ~tate of New York t~ 52-9321725 Gommiuion ExpOs ~rch 30, 19,~ FORM NO. 3 0 TOWN OF SOWrttOLD BUILDING DEPARTblE2~YI' TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAI)PROVAL File No ................................ Date ......... ..~ ~ , 19 ~ To .... .~..~...~. ..... ~.~./...~.~..~ ~cauon OI rropeny ~6~ ~b: ........... '~'~ ....... ~i ..... 1 ............... co,~,~ ~ ~a~ ~o. ~000 S,~t~on ....... ~ ..... ~o~ ..... ~ ....... ~, .~.~. ....... Su~O~on...~..~,~ M,~ ~o. ~ ~ 0 ~ ~ot No...: .~ is retu~ed he.with and d~approved on the foHow~g ~o~ds . . ~~ ~ ............. ...~.~ .............................................................. Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~; ff~ DATE .....~./~..~..... 1, (We) ....R.i.oh~.~t,..T~n~t, se~F.~..R,..l~,r~. ...... of ...4.~...l~te~.se.~a..N~ .............................. NOme of Appellor~t Street end Number ........................ $.0.~,.~.~...q~.~!~ ................................................ N:..¥.... ..................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) l~rx..~ Ri.~h~.~..~ci.~,~a~,~. .................................... Name of Applicant for permit of 4~5...Wa~e~.sa~e...~a~. .............. ~;~f~l~O.~ .............. ~,.~.~ ................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to build extention 1. LOCATION OF THE PROPERTY .....~.,,~...~,~.t~Z'.~.~g.e...~.~. .................................................... 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.) 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 4hee~(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 ................................. Dated ...................................................................... ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ts requested forthe rea~nthat we do not have the required o~r garage forward eight feet ~s we would like to setback to extend do. ~orm ZI~I (Continue on other side) O O 'REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce procticoldifficultiesorunneces- sam HARDSHIP becau~ w~ cannot ex,and to ~ two car garage because of the side yard limitation and We are in dire need of more storage area. Extending forward seems to be an answer to the problem. When our home was built the setback was 35' and we set ours back 50' allowing expansion if necessa~y~ Now that we have the need the met back regulation is changed. 2. The hardship createdis UNIQUE and is notshored by all prope~ies alike in the immediate vicinity ofthis property and in this use district bemuse our hack yard is on the bay. We choose not. to construct a utility shed on the waterside unless there is no alternative~' In consideration of our neighbors we think that expanding the attached garage forward is t~e better choice. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CH^R^CTER OF THE DISTRICT because our garage ~attached) e~te~ds forward from the house at the present time. The a~dition of a few feet forward will not differentiate it from the style of other homes in the neighborhood. It will not block anyones view, is not living area, will not polute or detract. In facthit will enhance the ~gighborhood if anything because then we ~an ~ut our equipment in a proper storage place. COUNTY OF~ "i q ' f ' Sworn to tn s .............................................. aoy o ................ ~,..:.,I.. ......... ..................... ......... ¥ ........ ...................... ELUIABETH ANN NET'II/~ NO1RRY PUBLIC, State o~ Nl~,lb)tk No. 52-8]25850, Suffolk ~ Term Ei(pires March 30. 19.__ WATEI~.SED6E V,/AY I00. 0 d PEC©NIC \ SC. ALE: '['IT[.[ rq~ s i80116 l I~/~ 0 O ' · FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-180:3 Examined ................ ,19... Approved ................. 19... Permit No ............ Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date -./~Pri~,. 20. ....... 19 80. INSTRUCTIONS a. This application must be completely ~led in by typewriter or m ink and submitted in triplicate to the Building 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 streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. 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 permit 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 Occupancy 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 the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. A ~ ......... (S~gnature of applicant, of name, if~)[rporation) · · ·/t-35. W. AT~.R~SEDGE..WA¥~..S0~J.THOLB ......... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. OWNER Name of owner of premises ...... l~ar.y, and. Ri.chard..Lind,say ....................................... (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 LicenseNo ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. ........... 43.5..WM;s~.sedge .~a.y.,..Son. thold.,., aN,..Y ........................................ House Number Street Hamlet County Tax Map No. 1000 Section .. Sa..~ ..... Block ~ Lot .j~..3.~.7. Subdivision ......... ~ ..... .(~]....~.. ........Filed Map No..~/...~.{. ...... Lot...~. ........... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .... Residenc.e .and. .ondt..car. Gar. age ................................ b. Intended use and occupancy ....A.d.d..s..t.o.r.a.g..e..a.r.e.a...t.o...g.a.r.a.g.e...f.o.b...m.o.w.e.r..&..g.a.r..d.e.n..e..q.u.i.p.: .... 3. Nature of work (check which apl~l~able): New Building .......... Addi~l ..X ........ Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost ....... ~/~ / frO0, -- ~ ............................. Fee (to be paid on rifling this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ..... 01~¢. ................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front... 613. ! ....... Rear .... 60.~ ....... Depth 23 ! .--; .35 ! ..... Height ... I bet ......... Number of Stories ... O/'IE ................................................. Dimensions of same structure with alterations or additions: Front ...60.~_.~ .......... Rear ...6.Q ! ............ Depth ...23.t. .-../~.J'~ ....... Height ...... J./+. ............. Number of Stories.. ONE 8. Dimensions of entire new construction: Front ..... 1.5 ! ....... Rear .... [¢!; ....... Depth . .8! ........... Height .. I bet .......... Number of Stories .... .o.r[~ ............ . .................................... 9. Size of lot: Front 100t Rear .11301 Depth ' .E10.t.. 10. Date of Purchase .... Land..t96.~ ............... Name of Former Owner . .l~eCa~'.cln,. ~[on¥1~..O0~ ..... 11. Zone or use district in which premises are situated .... RI ........ .~. ..................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ....~.E.~ ......................... 13. Will lot be regraded .... Y.o.s .................... Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .L. 5..n.d.8.a. 7 ........... Address ./~5~fl.~- .~.°.~.s.°..d.g.°. .g/..YPhone No. 7..6..~7.~./~.? .~ ...... Name of Architect '" ....... · .................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NE'C/~)P,K,,~-~ t.La S S cou Y . . ............... L.z (Name of individual signing contract) above named. being duly sworn, deposes and says that he is the applicant He is the .................. ~. ~d~.~..~. ............................................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and ririe 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 the application fried therewith. ........................ day of.. .~: .~ ...... , 19 . . . II~I~Y PUBLIC. State of flew york 'No.~52-8125850, Suffolk County ~..~m g~pims March ~ Southold Town Board Appeals -15- May 22, 80 MR. CHAIRMAN: We have a sketch and copy of the County Tax Map showing this and surrounding properties. Is there anyone here for Brophy to speak for it? (There was no response.) Is there anyone here to speak against this application? (There was no response.) I offer a resolution to close the hearing and reserve decision until after we get caught up here. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to RESERVE DECISION in Appeal No. 2693, applica- tion of FRANK E. BROPHY and that the hearing is declared closed. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Douglass, Goehringer and Doyen. PUBLIC HEARING: Appeal No. 2695. Application of RICHARD and MARY LINDSAY, 435 Watersedge Way, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with insufficient frontyard at property known as 435 Watersedge Way, Southold; bounded north by Watersedge Way, east by Debany, south by Little Peconic Bay, west by Bourgin; County Tax Map Item No. 1000-88-5-59. The Chairman opened the hearing at 8:55 P.M. by.readin~ the application for a variance, legal notice of hearing, affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners, was made; fee paid $15.00. MR. CHAIRMAN: We have a copy of the County Tax Map showing the area and a sketch showing the proposed addition. And as the application stated, by adding the garage eight feet to the front of the dwelling it is going to leave a 42-foot setback. Is there anyone here to speak for this application? MRS. LINDSAY: We are here. MR. CHAIRMAN: Do you have anything to add to it, Mr. Lindsay? MR~ LINDSAY: I really don't know-- you see I'm really not familiar with it. You said something about a denial? MR. CHAIRMAN: For a building permit by the Building Inspector. MR. LINDSAY: Yes. MR. CHAIRMAN: That's why you are here. Southold Town Board Appeals -16- May 22, 80 MR. LINDSAY: I guess that's why I'm here. You're right. Well, we've spoken to our neighbors on each side and they say that they prefer it by far to have us build at the front of the garage rather than to have it on the water side, because then it would naturally interfere with looking towards the Bay. Well, and it says in our application, we are in dire need of more room in a garage because of bicycles and oh just about anything you want to name. Thank you. MR. CHAIRMAN: Thank you, Mr. Lindsay. Is there anyone to speak against this? (There was no response.) Do you fellows have anything you want to ask? (Board members replied they didn't.) Well, as we have been doing all evening, we're going to do the same thing with this one also. We're running behind time, so we will close the hearing and reserve decision until later on this evening so we don't keep you. It's going to be a long evening. MR. LINDSAY: To.morrow morning? MR. CHAIRMAN: Well we may be before we get through. Yes, you will be able to call the office some time tomorrow morning, and they should have an answer for you. MEMBER DOUGLASS: We might still be here. MR. CHAIRMAN: Yes. Thank you for coming in. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, to RESERVE DECISION in Appeal No. 2695 and that this hearing is declared closed. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Douglass, Goehringer, and Doyen. PUBLIC HEARING: Appeal No. 2694. Application of KENNETH STRACHAN, JR., Peter's Neck Road, Orient, New York for a Variance to New York Town Law, Section 280-Aifor approval of access. Location of property: Right-of-way off the south side of King Street, Orient; County Tax Map Item No. 1000-27-4-9. 'The Chairman opened the hearing at 9:04 P.M. by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners, if any, was made; fee paid $15.00. MR. CHAIRMAN: We have a map of the property and County Tax Map showing the properties in the area. Is there anyone Southold Town Board of Appeals -~OUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 76§-1809 APPEALS BOARD MEMBERS CHARLES GRIGONiS, JR.v Cha±~an 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, %he 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. 2695 Application of RICHARD & MARY LINDSAY, 453 Watersedge Way, Southold, NY 11971. Location of Project: 435 Watersedge Way, Southold, NY. 1000-88-5-59. Permission Requested: cient frontyard setbacks. To construct addition with insuffi- 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 7, 1980. , TOWN 'OF SOUTHOLD -. INSTRUCTIONS: (o} In' ~rder to answer the questions in this short that the preporer will use currently ovoiloble informotion concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investiDotions will be undertaken. · (b) If any question has been answered Yes the pro3ec~ may be significant and o completed Environmental Assessment Form as necessary. (c) If.ell'questions have been answered No i[ is liEely tho% project is not signiflcont. . ._ . (d) Ehvi'ronmentol Assessment ~. Wil'l project r'e'sult in o large physical change to the pro]ec[i site or physica alter mare ~es, 0 ~han lO ocyes of lend? ........................ ., . . 2.' Will there be ·a major change to any unique or ..unusual le~d form found on the-site? .......... 3. Will project alter or have a large effect on' · Y~s existing body o~ ~ater? ....................... · , 4.' Will p~ojec~ have a potentially large impact quality? · Yes ~o on groundwat~ ,..~ ................... 5. 'Will project significantly effect drainage flow on adjacent sites? ........................ Yes ~: Will ~roject o~'ect an~ threatened or · endangered plant or anzmal species? ........... .. Yes.~/.No 7. Will project resul~ in a major adverse effect , on air quo ............................... . Yes o' 8. Will project have a major effect on visual ' choral%er of the community or scenic vle~s or . vistas known ~o.be important to the community?. Yes ~/No ~. Will project adversely impact any site or .. structure e~ historic, prehistoric or paleontological importance or any site designated as a critical environmental area agency? Yes)~No- local ........... ~y a .... ~0. ~ill projec~ ·hove a major e~[ect on existing. 'or future recreational opPortun~ties? ......... .,. Yes~ , o 1~. Will project resul~ ~n major traffic problems .. ar. cause a major effec~ ~o existing Yes. ~ronspor{ation systems? ' 1~. Will pro]ec~ 'r~gulorly cause ob3ectionoble odors, noise, glare, vibration, or elec%rlcol dls{urbonce os o resul~ o~ %he projec%'s opera%ion? .................................... . · 13. Will projec~ have any impact on public health ' 14. Will pro3ec{ a~fec% %he existing community by dlrec%ly causing o grow[h ~n permanent Population of more ~han 5 percent over a one year period PL have a major negative on %he character of the community or neighborhood~ ................................. Ye ' th 15. ls %here public controversy concernzng e projec¢? ..................................... REPRESENTING__ EAF it is assumed JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 22, 1980 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2695 application of Richard & Mary Lindsay for a variance. Also included are notification to adjoining property owners as follows: Mrs. Grace Bourgin, Watersedge Way, Southold, N.Y. 11971; Mr. & Mrs. Edgar Debany, Watersedge Way, Southold, N.Y. 11971. JTT/bn cc:file 5ne./ Town Clerk~ Re: Lindsay .... ~ 42-foot frontyard setback for proposed garage. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Sot~thold 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) (Special Exception) (Special Permit) (the following relief: ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: One storey dwelling with attached garage on West ~ of your property on Wa, tersedge Ways Sou~hold. 3. That the property which is the subject of such Petition is located in the following zoning district: R 1 4. That by such Petition, the undersigned will request the following relief: A variance of th~ front y~r~ ,~et hack 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ~:~1,'~ I ,~4 ~ ~ ,~.r~ tG 1,.~ _^~. ~. _~ ...... 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: (~-~J~_, '~ Petitioner - ' - L / PROOF OF MAILING OF NOTICF NAME ADDRESS Mrs. Grace Bourgin Watersedge Way, Southold~, N.Y. 11971 Mr. & Mrs. Edgar Debany -~ '" UJ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: c ~ o ~ ~/~ .' ~ ~ , being duly sworfi, deposes and sa~s that on~ ~.~ d~ of ~ ~r ~ J ,19 ' ~ ~, deponent mailed a true coPy of the Notice set forth on th~ re?' verse side her~f, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons a~ shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ~ ~. ~ D ~ ~, ~ . ~ · ; that said Notices were mailed to each of ~id persons by (certified) (registered) mail. Sworn to before me this ~ .-~h J dayof ~r// ,19 ~L~O ~ Notary Publi~ F ELIZABETH ANN NEVIL~ PlOTRRY PUBLIC, State of New YaIi No. 52-8125850, Su{fo4k Co~_ Term EKpires March 30, .) 41 I /tM SH HOG NECK SEE SEC. NO, i35 4.4 A I0 Revisions