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HomeMy WebLinkAbout3454 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3454 Application 'Dated January ]5, TO: Mrs. Alice D. Currie 68 West Fenimore Street Valley Stream, NY 11580 1986 (Public Hearing 2/6/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March ]0, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section 100-3l, Bulk Schedule [ ] Request for Application of ALICE D. CURRIE for a Variance to the Zoning Ordi- nance, Article III, Section lO0-31, Bulk Schedule, for permission to construct addition with an insufficient rearyard setback at 8515 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-6-19.1. WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Application of ALICE D. CURRIE under Appeal No. 3454; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that there has been no public opposition; and with area; WHEREAS, the board members have personally viewed and are familiar the premises in question, its presenting zoning, and the surrounding and WHEREAS, the board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 6, Lot 19.1, and is located along the northerly side of Sound View Avenue, Southold, with a frontage of 96.50 feet (to the center line of 25' wide right-of-way), average lot depth of 109.25 feet, and lot area of 10,493 sq. ft. 2. The subject premises is improved single-family, one-story frame dwelling set back approximately 60 from the front (southerly) property line, 26 feet from the west property line, 44± feet from the east property line, and 24.5+ feet from the northerly property line. 3. By this application, appellant requests permission to reduce the most northerly yard setback for the proposed construc- (CONTINUED ON PAGE TWO) DATED: March Form ZB4 (rev. 20, 1986. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3454 Matter of ALICE D. CURRIE Decision Rendered March 10, 1986 tion of a 13' deck extension as shown by the sketch submitted with this application reducing the northerly setback to not less than 11.5-12.5 feet. Also, the proposed deck extension will be located approximately 42 feet from the N.Y.S.D.E.C. wetland "flagged" area along Great Pond. 4. For the record, it is noted that this lot has been the subject of prior variances: (a) under Appeal No. 33 rendered October 24, 1957 of Douglass t and Lawrence Currie in a proposed division of land into two lots of 11,400± sq. ft. each; (b) under Appeal No. 3321 rendered March 7, 1985 re-defining the lot lines decrease Lot #3 from 28,000 sq. ft. to 11,809 sq. ft. and increasin§ Lot #2 from 11.,400 to 29,000± sq. ft. 5. It is the opinion of the board that tion as proposed is not unreasonable and the with the reasoning of the applicant. the deck construc- board does agree In considering this appeal, the board also finds and deter- mines: (a) that the relief requested is not substantial in relation to the requirements; (b) that the circumstances are unique; (c) that the public health, welfare, safety, order and convenience of the town will best be served by allowing the variance; (d) that by allowing the requested relief, a substantial change would not be created in the character of this neighborhood; (e) that the spirit of the zoning ordinance and interests of justice would best be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to grant the relief requested under Appeal No. 3454 to construct a 13' deck extension with reduction in yard setback from the northerly property line as applied in the Matter of the Application of'ALICE D CURRIE, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unroofed at all times (not to be enclosed); 2. That the provisions of Column "A" of the Bulk Schedule Of the Zoning Code shall apply to this parcel making future determinations (rather than Column A-80). in Vote of the Board: Ayes: and Sawicki. (Members Douglass resolution was duly adopted. Messrs. Goehringer, Grigonis and Doyen were absent. This lk AND FILLED BY YiiE LODT~iOLD TOWN CT.E~.K DATF,~/~¢.Cg HO~/~ ~,~ COUNTY OF SUFFOLK PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING 360-5206 LEE E.KOPPELMAN DIRECTOR OF PLANNING April 1, 1986 Town of Southold Zoning Board of Appeals o�D Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) 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(s) Municipal File Number(s) Virginia Hairston 3196 Anna Pacifico 3383 Alice D. Currier/ 3454 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L.L.NEW YORK 1 1788 (51 6)360-5192 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. " ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the -Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code, Article III , Section 100-31 Bulk Variance from Determination of Southold Town Schedule Building Inspector Special Exception, Article , Section ecial Permit Appeal No. : 3454 Applicant: ALICE D. CURRIE Location of Affected Land: 8515 Soundview Ave. , Southold, NY County Tax Map Item No. : 1000- 59-6-19 .1 Within 500 feet of: Town..pr Village .Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for -Which- The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant - Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to constructaddition with an insufficient rPar3zarr1 eP+-ba Ck Copies of Town file and related documents enclosed herewith for your review. Dated: March 25, 1,986 Secretary, Board of Appeals T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119.71i;; ' TELEPHONE (516) 765-1809---- _-- February 6; 1986 APPEALS BOARD MEMBERS 4 GERAACO GOEHRINGER, CHAIRMAN S°E°Q.R°A° CHARLES GRIGONIS, JR. NEGATIVE ENVIRONMENTAL DECLARATION SERGE DOYEN, JR. - ROBERT J. DOUGLASS !' 'I JOSEPH H. SAWICKI Notice Of Determination of Non-Sic3nif icon,, APPEAL NO. : 3454 PROJECT NAME: ALICE D . CURRIE This notice is issued pursuant to Part 617 of Lhe implementing regulations pertaining to Article 8 of the N.Y .S. Er,vi.roYimenLa.l Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. I This board determines the within project not to have a . signifi-- cant .adverse effect on the environment for the reason:, indicated below. Please take further notice that this declaration :;hould not be considered a determination made for `any other departnu nt. or ag(3r,cy which may also have an application pending for the sawc, or s.iinilar project. TYPE OF ACTION: [ XI Type II [ l t4ilist.,ccl [ J DESCRIPTION OF ACTION: Insufficient- rearyard setback of proposed addition . LOCATION OF PROJECT: Town of Southold, County 'of 'Suffolk, more particularly known as: 1815 Soundview Avenue , Southold . REASON'(S) SUPPORTING THIS DETERMINATION: (1) Are Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to Lhe environment are likely to occur `should this projec-t be imple- mented as planned; (2) Information has been submitted by applicants indicating that .this project will not involve the disturbance of wetland areas . :(3) The relief requested is a' setback variance as regulated by Section 617 . 13 , 6 NYCRR, SEQRA. o w 0 ... .' a da+;e:;�:N�'"r ? �'C�31.N+xwv,� ���h,..a;x�r. Y•;+_ter,�r*''`ir.; `��y��'-+Ya�j'S�''�'�!'�u�k`a �-`'q`Pgu�Y.i�S�s -p :.3' fE %� .YI Qt i r,, ti Y.yr W '•• f.. �'_ t� � � r � z�a i,_ ra„t; `+s fn•'3r,•S„� qc,•ws• d 2 ,.. .. -•, •. _ .� ;,�,. '�''�'. S.,>.>• ear �+_.- _- -^,... ..,,. _ ;%r;r'?. Wlir�;`�t���,• �,� ��- ���Yfi �fi��i� �•a � a ; I i I I i I q�L �P. r �Cp�.t Yi 'wNi c — ,4.r. • .. 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Patricia .Wood, being duly sworn, says that she is the at the Southold Town Hall, j Main Road, Southold,NY'ata Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Regular Meeting commencing at a public newspaper printed at Southold, in`Suffolk County; 7:30 p.m. on THURSDAY, ! and that the notice of which the annexed is a printed copy, FEBRUARY, 6, 1986 and as follows: has been published in said Long Island Traveler-Watchman 7:35 p.m. Appeal No. 3432- once each week for . . . . . . . . . . . . . . . . . . /° . . . . . . . weeks JOHN AND :JOYCE • HOLZAPFEL•. (Recessed from j 0 successively, commencing on the . . . . . ... . . . . . . . . . . . 7:40• p.m. Appeal No. 3446-' 1 MARGERY D. BURNS. day of . . . . . . . . . ., 19 . � Variance to the Zoning Or- a dinance; .Article VII, Section ,$ s 100-70(C')(1)for permission to , , , , , , construct accessory inground swimming pool upon premises known and referred to as 53245 , Main, Road, Southold,. 'NY, + a presently-zoned "B-1' 'Ge'neral I Sworn to before me this . . . . . . . . .(2 . . . . . . . . . day of Business;-identified on the Suf- folk County Tax Maps as District'1000,Section 61; , 19 .'Block � , , . . , , , , , , ,� , , , , . 01, Lot 008.1. 7:45 p.m., Appeal No. 3196= WALTER HAIRSTON,(Estate of).Variance is the Zoning"Or- dinance, Article III;�'Seetion� -' 100-31','Bulk Schedule, for ap- ' " . . " . . . " . " " " " " ' " " " " " proval of two'parcels (with ex-' Notary Public 'isting dwellings)havirig insuffi BARBARA FORBES cient area, width and 'depth. Location of,Property:,West Side No Public, State of New York of Carroll Avenue,Pecoriic,NY, No. A8068-o6 identified owthe.Suffolk Coun- Qualified in Suffolk County Commission Expires March 30, 19� ty Tax Maps'as District 1000, Section 74, Block 3, Lot 10. { '7:50 p.m. Appeal No. 3454- ' ALICE D. CURRIE, Variance' to,the Zoning,Ordinance, Arti- cle III, Section 100-31, Bulk i Schedule,for permission to con- struct'addition with an insuffi- ! cient rearyard setback at 1815 Soundview Avenue, Southold, i NY;County'Tax Map•Pafcel No. 1000-59-067019.1.' 7:55'p.m. Appeal No. 3443: FREDERICK W. KOEHLER, { - JR.Variance io the Zoning Or- dinanc'e, Article'III,' Section 100-32 for permission to locate tennis court in an'area other 1 than the required rear yard at 575 Old Harbor Road;New Suf- folk, NY; County Tax Map Parcel No. 1000-117-3-6. j 8:00 p.m. Appeal No. 3444- JOSEPH AND FRANCES GRASSO.,Variance to the Zon- ing''Oidmani 6;Article III, Sec t ('c � tin n vie t`q1 � ttSt�1"00 3�and Article XI Sec- ' •fii3h`'�00119r2;fd}'p�e`i}missioii't�o�M' locate accessary storage building in the sideyard area and with an Southold Town Board of Appeals' `�'l,"` � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold , to wit, L. I. Traveler-Watchman, Inc. and Suffolk Weekly Times , Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski , at 765-1809 (or if no answer , 765-1802) . Yours very truly , GERARD P. GOEHRINGER CHAIRMAN lk Enclosure NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY , FEBRUARY 6, 1986 and as follows: 7 :35 p.m. Appeal No. 3432 - JOHN AND JOYCE HOLZAPFEL (Recessed from 1/9/86) . 7 :40 p.m.. Appeal No. 3446 - MARGERY D. BURNS . Variance to the Zoning Ordinance, Article VII, Section 100-70(C) (1) for permission to construct accessory ing.round swimm.ingpool upon premises known and .referred to as 53245 Main Road, Southold, NY, presently zoned "B-1" General Business; identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 01, Lot 008.1. 7 :45 p.m. Appeal No. 3196 - WALTER HAIRSTON, (Estate of). Variance to the Zoning Ordinance, Article III,Section 100-31, Bulk Schedule, for approval of two parcels(with existing dwellings)having insufficient area, width and depth. Location of Property: West Side of Carroll Avenue., Peconic, NY; identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 3, Lot 10. 7:50 p.m. Appeal No. 3454 - ALICE D. CURRIE. Variance to the Zoning Ordinance, Article III , Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient .rea.rya.rd setback at-1815 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-06-019.1. 7: 55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER, JR. Variance to the Zoning Ordinance, A.rd'cle III, Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117- 3-6 . 8 :00 p.m. Appeal No. 3444 - JOSEPH AND FRANCES GRASSO . Variance to the Zon�.ng Ordinance, Article III , Section 100-32 and Article XI . Section 100-119.2, for permission to locate accessory storage building in the sideya.rd area and with an insufficient setback from wetlands, at 7145 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-06-003. 8:05 p.m. Appeal No. 3448 - RIVERSIDE HOMES , INC. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East Side of Private Road(off the south side of Soundview Avenue) , Peconic, NY; M LU identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 9, Lot 18. LL N LO V- L.� r 1 C.I � r cles:(a)III,Section 100-31,.iulk Legal Notices Schedule " ermis—`.,n to con- struct ad, i -..1th an insuffi cient sido setback, (b) III, LEGAL NOTICE Section 1.00-31, Bulk Scledule NOTICE IS HEREBY GIVEN, for'permission to construct addi- pursuant to Section 267 of the tion '; which; exceeds the STATE OF WEW YORK Town Law and the Code of the maximum-permitted 20% . lot SS' Town of Southold,the following coverage requirements; (c) XI public hearings will be held by Section 100-119.2(B)for permis- COUNTY OF SUFFOLK the SOUTHOLD TOW sion to construct addition with an BOARD OF APPEALS'at the insufficient setback fro: ;wet- lands.LocationofPro Property:1„ Mary K. DEgnan j Southold Town Hall Main Road p y: 250 of Greenport, IIY Blue Marlin Drive, Southold, j Southold,NY at a Regular Meet- said County, being duly sworn, says that he/shels; ing commencing at 7:30 p.m.oh NY;County Tax Map Parcel No. THURSDAY; FEBRUARY 6, 1000-53-05-034,.(also known as Principal Clerk of THE SUFFOLK TIMES,a Weekly 1986 and as follows: Lot #13, Map of "Southold i 7:36 p,m. Appeal No. 3432 — Shores,".Map No, 3853: Newspaper, published at Greenport, in the Town JOHN- AND JOYCE HOL4 .8:20 p.m, Appeal No.,3421 —' of Southold, County of Suffolk and State of New ZAPFEL(Recessed from 1/9/86)... JOSEPH ZIELONKA (ES- L 7:40.p.m. Appeal No. 3448 — TATE OF).Variance to the Zon- York, and that the Notice of which the annexed is - MAR,GERY D. BURNS. Vari- ing Ordinance, Article III, Sec- a printed copy, has been regularly published in ante to"the Zoning Ordinance, tion 100-30,and Article XI,Sec- one Article VII,Section 100-70(C)(1) tion.100-118, for permission to said Newspaper once each week for for permission to'construct acres= utilize premises located in this, weeks successively, commencing on the 3 0 sory inground swimming pool A=Residential and Agricultural i 1� g upon premises known and refer- Zoning District for two B-Light I day of s a n u ar 7z 19"_ red to as 53245 Main Road, Business uses in addition to two Southold, NY, presently zoned dwelling uses. Location of Prop- "B-l" General Business; iden-, erty: 27475-Main Road, Cutch tified on the Suffolk County Tax ogee,NY;County Tax Map Par-. /�� Maps as District 1000, Section cel No. 1000-102-01-13. `� 61,Block 01,Lot 008.1. '8:25 p.m.,Appeal No. 3431 — 7:45 p.m. Appeal No. 3196 — GAIL DESSIMOZ AND Pr' tips)Clerk WALTER HAIRSTON, (Es- MICHAEL RACZ.Variances to tate;of).Variance to the.Zoning the Zoning Ordinance, Article 3 AKIN M. ABATE XI Sections 100-118(E)and 100- Sworn to befor a this TA BLIC;State T tv w Ordinance, Article .III, Section QQ . York 100-31, Bulk Schedule, for ap- 119.2 for:(a)permission to repo- of 9 unty No.4748183 proval of two parcels(with exist- vate and expand existing non- Te Expires Mardi 30, 19r ing dwellings) h ff'aying insu ` conforming cabin(guest cottage cient area,width and depth.Lo-. without kitchen facilities) ex- cation of Property: West Side of reeding 50%of value and square Carroll Avenue, Peconic, NY; footage of same as exists,and(b) identified on the Suffolk County . permission to construct addition Tax Maps as'District 1000,Sec- to existing nonconforming cabin tion 74,Block 3,Lot 10. within 100 feet of bluff along the 7:50 p.m. Appeal No. 3454 — Long Island 'Sound, premises ALICE D. CURRIE. Varijaneknown as 4255 Private Road#10 to the Zoning Ordinance,.A (Hallock Lane), Mattituck, NY`; III,. Section 100-31, County Tax Map District 1000, Schedule,for permission toSection 112, Block Ol,Lot 004. struct addition with an in (Hearing recessed from 'De- cient rearyard setback at ceriiber 12, 1985). Soundview Avenue, SoutThe Board of Appeals will hear NY;County Tax Map Parceat said time and place all persons 1000-59-06-019.1. ' desiring to-be heard in each of 7:55 pm. Appeal No. 3443 — the above matters.Written com- FREDERICK W. KOEHLER, ments may also be submitted JR.Variance to the Zoning Ordi- prior to the conclusion of the nance,Article III,Section 100-32 hearing in question:For more in- for permission to locate tennis formation, please call 765-1809 court in an area other than the (alt. 1802). required rear yard at 575 Old Dated:January 21, 1986.1 Harbor Road,New Suffolk,NY; BY ORDER OF County Tax Map Parcel No. THE SOUTHOLD TOWN 1009-117-3=6. BOARD.OF APPEALS 8:00 p.m. Appeal No. 3444 — GERARD P.GOEHRINGER, JOSEPH AND FRANCES CHAIRMAN GRASSO.Variance to the Zon- 1TJ3075143 ing Ordinance, Article III, Sec- tion 100-32 and Article XI,Sec- tion 100-119.2,for permission to locate accessory storage building in the sideyard area and with an insufficient setback from wet- lands, at 7145 Soundview Av- enue,Southold,NY;County Tax Map Parcel No. 1000-59-06-003. 8:05 p.m. Appeal No. 3448 — RIVERSIDE HOMES, INC. Variance to the Zoning Ordi- nance, Article III,' Section 100- 31, Bulk Schedule, for.permis- sion to.locate new dwelling.with insufficient front and rear yard setbacks: Location of Property:, East Side of Private Road(off the south side of Soundview Av= enue),Peconic,NY;identified on the Suffolk County Tax Maps as District 1000, Section 59,Block 9,Lot 18. 8:10 p.m: Appeal No. 3383 — ANNA PACIFICO. Variances. to-the Zoning Ordinance,,Arti-- Page 2 - Legal Nctice of Hearings Southold Town Board of Appeals Regular Meeting - February 6,1986 8:10 p.m. Appeal No. 3383 - ANNA PACIFICO . Variances to the Zoning Ordi- nance, Articles: (a) III, Section 100-31, Bulk Schedule for permission to construct addition with an insufficient sideya.rd setback, (b) III, Section 100-31, Bulk Schedule for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements, (c) XI Section 100-119.2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive, Southold, NY; County Tax Map Parcel. No. 1000-53-05-034, (also known as Lot 413, Map of "Southold Shores," Map No. 3853. 8 :20 p.m. Appeal No. 3421 - JOSEPH ZIELONKA (ESTATE OF). Variance to the Zoning Ordinance, Article III, Section 100-30, and Article XI, Section 100-118 , for permission to utilize premises located in this A-Residential and Agricultural Zoning District for two B-Light Business uses En addition to two dwelling uses. Location of Property: 27475 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102- 01-13. 8:25 p.m. Appeal No. 3431 - GAIL DESSIMOZ AND MICHAEL RACZ . Variances to the Zoning Ordinance, Article XI, Sections 100-118(E) and 100-119.2 for: (a) permission to .renovate and expand existing nonconforming cabin (guest cottage without kitchen facilities) exceeding 50% of value and square footage of same as exists, and (b) permission to construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Island Sound, premises known as 4255 Private Road #10 (Hallock Lane) , Mattituck, NY; County Tax Map District 1000, Section 112, Block 01, Lot 004. (Hearing .recessed from December 12, 1985) . The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802) . Dated: January 21, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ------------------------------------------- -------------------------------x INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit: Thursday, January 30, 1986, and forward nine affidavits of publication to: Board of Appeals, Main Road, �. Southold, NY 11971. (on or before February 3rd) i Q_ In ----------------------------- Lu L.r "- G7 '1 J ry Copies of the Legal Notice to the following 1 /28/86 : Suffolk Times ( Personal delivery ) LI Traveler-Watchman ( Personal delivery) Mrs . Margery D . Burns , Main Road , Southold , NY 11971 Mrs . Virginia Hairston , 1675 Carroll Avenue , Peconic , NY 11958 Mr — and Mrs . Lawrence Currie , 68 West Fenimore St , Valley Stream , NY 11580 Mr. Joseph Grasso , 1726 Meadow Lane , East Meadow, NY 11554 Mr . James Gray , Southold , NY 11971 Mr . Frederick. W . Koehler , J.r . , . Box 293 , New Suffolk , NY 11956 Riverside Homes , Inc . , P .O . Box 274 , Riverhead , NY 11901 Paul A. Caminiti , Esq . , Main Road , Southold , NY 11971 ( Pacifico ) Mr . John Wickham, Main Road , Cutchogue , NY 11935 (Zie.lonka ) Mr. Douglas Peix for Racz & Dessimoz , 208 Fifth Ave , NY , NY 10010 Charles Matthews , Esq . in opposition , Box 800 , Huntington , NY 11743 Town Clerk Bulletin Board ZBA Bulletin Board Building Department ZBA Individual Files ZBA Members z ' Town Hall, 530.95 Main Road P.O. Box 728 Southold, New York,11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR of VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 15, 1986 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No . 3454 application of Alice D. Currie for a variance. Also included is Notice to Adjacent Property Owners; application for a Building Permit and Notice of Disapproval of same; Short Environmental Assessment Form; letter relative to N.Y. S. Tidal Wetlands Land Use; and plot diagram. Judith T. Terry Southold Town Clerk /-G -9G 11 .o� RECe�vEo TOWN OF SOUTHOLD, NEW YORK Jpp WAOM DECISION OF BUILDING INSPECTOR APPEAL NO. 3 DATE a y TO THE ZONIING BOARD OF APPEALS, TOWN OF SOUTHOL/D, N. Y. 1, (We) ..../.:!.J'.C ... 1...CgM1,�.............of .. ..�U/ ��l [Name of Appellant /Street and Number �lT. .l.T.�. 'Y I� ... ............................... .....�ifr.. :.�/S �.HEREBY APPEAL TO ...... .......... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE I BUILDING ,INSPECTOR ON DATED ..`! �°'.....a?.. /..fie APPLICATION FOR PERMIT NO. ......................... J.. .. .................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................&6:;Wr.. .. ... 'i� l ............... Name of Applicant for permit of ..(.�..l�fr.���.T..r...���.�✓.lf!1�?��...f .!��.. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTYg�, 4�✓ /??��1=. 1VG?�<I�P�/.1l:.7.:......... MAP.. ..../®c► Street Use District on Zoning Map j� .e:.� ... �I.�. �. .1�.a�. ".................:.Current Owner - 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.) 3. TYPE OF APPEAL Appeal is made herewith for (' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appea (has (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 ( l/f request for a variance and was made in Appeal No. �3� �"�..............Doted ..... ..7!� .................. ........................................................ REASON FOR APPEAL ( } A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that 40 7— I'll el 9 613 Pl v)s 1©lid Al /9 Sg hdy1,EisZ�p PP?L=-91-=11 a c-vPr . Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because t'lJ�7j7RUCT/6n9 ar PF u-� ON ItAf TOL-k 91"' ®F gVdzp/nr - �tioG� ��T e�Ni=a�ZM �o v5,CFLG v3 © j= �7lr5Tl�e- d/f�D«o 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because _0Xr 9j 1N'�'- ,3r/yyp1Af �yA.� &6nr4,r � R0C P PV /9��' ��/ AI-%D5 To E elPe—IMAEP i Tl)-0d r'PS 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Al C,PF-Al C--4 t,, Nl34 I- A10 7- u-1AU&-F STATE OF NEW. YORK ) !� ) ss ..... .. ..... ..........`....... ................................. COUNTY OF S�t1'FGLx ) Signature Sworn to this .................. .......................... day of............ ... :. ............. 19jg .. . JC -.......... Notary Public LIN�p i=. 0 AL9ki K TARY PUBLIC, State of Neiv York No. 52.4524771 Qualified in Suffolk County �6ffimission Expires March 30, 198( BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of �l�il P �• NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER S :J YOU ARE HEREBY GIVEN NOTICE: 1. That i yintention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property w . h is the s jet f the Petition is located adjacent to yod is des- cribed as follows: u pro rt n r 3. That the property which is the subject of such Petition is located in the following zoning district: 4. Ty t by such Petition, a undersigned I ill request they following relief: Lam, ,�� ,, ,���� J 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article .� Section. %OD M 3 J [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-18.09. 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: t ..Petitioner Owners ' Names : ) Post Office A ss PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS CeMA1,E jR, 2-332- h�p%,R,5 oiv STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: r. u��ene residing,at..: 6,C jl/651J/'��zh'� �,/.. )1,44 �-rgF� I/s-� being duly sworn, deposes,and says that on the �day Of , 19 ;> , deponent mailed a.true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curreq assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at JJA1L,gFiK 5f7WFdz} .A/°_//3 pktJ ; that said Notices ere mailed to each of said persons by (certified) (rem}mail. Sworn to before me this day of �� u_ccr , 19 _ LINDA F. KOWALSKI (J HIIARY PUB,,Ir. State of NotJ 1�rt fJo. 52.4524771 Notary Public Qualified in County Commissiaa E.;pirc� jdarch 30, 19& .(This side does not have' to be completed on form transmitted to adjoining property .owners.. ) FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF.DISAPPROVAL To -:/-���/TZ(:,tc C;�; ,`�/•. . � iLl , . -�oz. I � c� PLEASE TAKE NOTICE that your application dated . . . . . . . .... . . . . . . . .. 19 ,L�-� �C. forpermit to-,, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at 55-1 Location of Property House%Ilo. Sneer / Q Hamlet County Tax Map No. 1000 Section . .: �. . . . Block . . .�?!� . . . . . . Lot Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . : . . . . . . Lot 140. . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��1. .t GP. U .►�. . . q; .v t:��= . . . .�i f� W5:. . . . 2.e;�Oz . . . . . . . . .� 2.� . . . Z. . . �. � . . . G. . . . . .- �? . . . . . . . . . . . . - c z. ;' • • • • • ��• • • iW�w • ••w��e •C-T•`Y•�i .��• siI•�T�.'i . ����^(�:M�• •��S e(o�lY� • o • • •/•• •/• .. . .. • . • • . • • . • • . . • • • . • • • . . • • • • • • • • • • • • • • •.. . . . • • • . . • • • • . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BuJ.lding Inspector RV 1/80 0 ...._.:::;. ..;-:......:. ...'.ax�.w..l 6y.,.:.:i„:....+n wYv..�:...Mrw,.........�.,r,......�,.i.................-�_._ I 'ie . T J' . t_nv 1 rop,;n�,nta l (lua I -i ty Itc:v i ew AC r°Cyu i re sub - , - mission of „thi � corm , and an environmenta - •eview will be made by this b •d before any action is t gin . SHORT ENV1R0%„EnT.4t, ASS?S:�uF`!T FC?I"i (a) In cyder to answer the questions in this short EAF is is assuned that the ' preparer will use currently available infor--ation concerning the proJoct and th» J :kely impacts of the action. It is not expected that additional studios, research or other investigations will be undertaken. (b) If any question has been answered Yes thn project may be significant and a completed 'cnvircnmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is nc- significant. (d) Envirormental Assessment 1. Will project result in a large physical change to the project site or physically alter Pore than 10 acres of land? . . . . . . • • . . • Yen V Ito 2. Will there be a major change to any unique or � unusual land form found on the site? . . . . . Yos V No 3• Will project alter or have a large effect on an existing body of water? • • a+� Yes !10 4. Will project have a potentially large Lmpacto on gro,indwater quality? • • • • • • • • • • . • Yee I10 y. Will project significantly effect drainage flow on adjacent sites? • • . . . . . • . • • • Yea �,`Jo 6. Will project affect any threatened or endangered plant or ani..:.il species? • . • . . • • • • • • - Yes No 7. Will project result in a major adverse effect on / air quality? • . • • • . • • . . . Yes ✓ ,;o 8• Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be imDortant to*the community? e e • yes 'to 9. Will project adversely impact any site or struct— ure of historic, pro—tistoric, or palbontologicul importance or any site doeigrated 'as a critical -environnertal area by a local agoncy? . • • Yes No 10. Will project have a major effect on existing or future recreational opportunitios4 . . • . Yes 110 11. Will project result in major traffic problems or cause a major effect to existing; transportation sy3tem5? • • • . • • • . • • • • Yes 1140 12. :Jill project regularly cause objectionable odorz, noise, glare, vibration, or electrical disturb— ance as a result of the pro jectlu operation? Yes ✓ !to 13• Will project have any impact on public health or ' safety' • • e • • • • . • • • . ^-- Yes '' r,0 140 Wi:l project Affect the existing community by directly causin4 a growth in permanent poptLla— ticn of more than 5 percent over a one—year period, cr have a major n-lg3tive effect an t;e / character of the community :r r.ei4hborhood7 . Yes f/ R 15. Is there publ centr^versy c cerning the probe:, ? Yee !to 1"rE i'titFF'S S?C!;,lTlitE. `(/I/ ` V O TITLE: L'. a=` E5 TT11C. 9/I/18 DATE: __.� ( y s Date) To : Southold Town Board of Appeals Main Road Southold, NY 11971 Re : Appeal Application of Location of Property: /1/ _ Dear Sirs : In reference to the New York State Tidal Wetlands Land-Uze Regulations , 6 NYCRR, Part 661, and Article 25 of the New York State. Environmental Conservation Law, pleas` be advised that the subject property in the within appeal application: (pl'oasc check one bore) r [ ] M...iy be located %./ithin 300 feet of tidal wetland_ ; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at loast 100 feet in length. * [ ] Ma.v be *located within 300 fees of tidal wetiands ; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs , and approximately feet in length. [ Y] Mav be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property i-s a bulkhead less than 100 feet in length. C ] May be located within 300 feet of tidal wetlands ; and there is no bulkhead or concrete wall e::is,�'_:Zg on the premises . - C ] Is not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items ' (*) .indicate your property does not appear, to fall within the jurisdiction of the N .Y.S . D. E. C. ] Sincerely yours, 5igilature pleas&) NOTE: If proposed project falls within D.E.C. jurisdiction, approval must be received and submitted to our office before your application can be scheduled for a public hearing.