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HomeMy WebLinkAbout3565Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, I.l., N.Y. llCJ'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3565 Application Dated 0ct0ber 7, ]986 TO: Frank A. Field Realty Inc. P,O. Box 631 Greenport, NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on December ]], ]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 Variancesto the Zoning Ordinance Article III , Section 100-3l, Bulk Schedule [ ] Request for Application of FRANK FIELD REALTY INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two-family dwelling use on a parcel of land containing less than 160,000 sq. ft. in area, 270 ft. lot width, 400 ft. lot depth, and with insufficient frontyard, sideyard and rearyard set- backs. Location of Property: 320 Linnett Street, Greenport, NY; Map of Greenport Driving Park #369, Lots #71 and #72; County Tax Map District 1000, Section 48, Block 2, Lot 36.1. WHEREAS, a public hearing was held and concluded on Novem- ber 20, 1986 in the Matter of the Application of FRANK FIELD REALTY INC, under Appeal No. 3565; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located in the "A" Resi- dential and Agricultural Zoning District, containing a total lot area of .258 acreage,'or 11,261 sq. ft. and lot width of 100 feet along the north side of Linnett Street, Hamlet of Greenport, Town of Southold. 2. The subject premises is referred to as Lots #71 and #72 as shown on the 1909 Subdivision Map of "Greenport Driving Park," and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 48, Block 2, Lot 36.1. The premises is improved with a one-story stucco dwelling structure set back 19½ feet from the front property line and four feet from the west side property line. DATED: December 16, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3565 Matter of FRANK A. FIELD REALTY INC. Decision Rendered December ll, 1986 3. By this application, appellant requests permission to establish and construct a two-family residence to be located 35 feet from the front property line, 22 feet from the east side property line, 42 feet from the rear property line and 14 feet from the west property line, as depicted on survey amended April 3, 1986, prepared by Roderick VanTuyl, P.C. 4. The applicant proposes to remove the existing structure which is in poor condition. Certificate of Occupancy Nonconforming Premises No. Z15038 issued October 24, 1986 indicates the premises (combined Lots 71 and 72) for one-family use. 5. Article III, Section lO0-30(B)[1] of the Zoning Code permits two-family dwellings as a special exception, subject to site-plan approval by the Planning Board, and in accordance with the bulk requirements, Column A-160 of the Zoning Code. 6. Column A-160 of the Zoning Code requires a minimum lot area of 160,000 sq. ft., 270 ft. lot width, 400 ft. lot depth, and frontyard setback at 60 feet, sideyards at 30 and 50 feet, and rearyard at 75 feet. 7. A variance is requested for more than 90% as to insufficient lot area, which is substantial in relation to the requirements. 8. The "Greenport Driving Park" Map was filed in 1909 with the Suffolk County Clerk, and there is no record of town approval for this subdivision. Lots #71 and #72 have not been held in single and separate ownership and therefore may not be recognized by this Board as two separate building lots. In considering this appeal, the board determines: (a) the percentage of relief requested is substantial, being a variance of 90% of the lot area requirements; (b) the circumstances are not unique; (c) the practical difficulties and hardship are self-imposed; (d) a grant- ing of the variances would affect the character of the neighborhood, setting a precedent for other properties in the area; (e) this project is not consistent with the spirit and intent of the zoning ordinance; (f) the parcel in question has been and is zoned for single-family use as permitted by Section lO0-30(A) of the Zoning Code, and a granting of the variance would not be consistent with the spirit of the zoning ordinance; (g) there is no other method feasible for appellant to pursue other than a variance; (h) that in view of the manner in which the difficulty arose, justice will be served by denying the variances applied. Accordingly, on motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, to DENY the Variances requested under Appeal No. 3565 in the Matter of the Application of FRANK A. FIELD REALTY INC. for insufficient lot area, width, depth, front yard, side yard, and rear yard setbacks, for this two-family dwelling proposal. Vote of~the BoardL~ Ayes: Messrs. Goehringer, Douglass and Sawicki. (Member Grigonis was absent due il!ne~s~'~) Th'T§~ ~so~t~'c~ w~s.~iduly adopted. GERARD P. GOEHRINGER, C,m~AIRMAN CHAIRMAN Doyen, to SOUTHOLD TOWN BOARD OF APPEALS MATTER OF FRANK FIELD REALTY THURSDAY, NOVEMBER 20, 1986 , PUBLIC HEARING 8: 43 p.m. Appeal No. 3565 - Public Hearing commenced in the Matter of FRANK FIELD REALTY INC. Variance to permit a two family use with less than 160 ,000 square feet in area, 270 feet width, 400 feet in depth, insufficient front , side and rear setbacks. 320 Linnett Street, Greenport. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a plan indicating a present dwelling of stucco on lot #71 and I assume that lot #72 is vacant from original inspection done by R. VanTuyl , P.C. amended April 3 , 1986. And I have a copy of the Suffolk County Tax Map indicat- ing this and surrounding properties in the area. Mr. Field how are you? Would you like to come up here and address the Board? See if we have any questions here. MR. FIELD: What I am proposing gentlemen is to remove a house that' s about 60 years old that has concrete walls about 12 inches thick, 10 foot high ceilings. It' s just almost impossible to make it energy efficient, to do anything to improve it. The thought being; let ' s remove this house and then we' d have what normally would have been before later design; 2 building lots in the area where they've built most of the houses on 50 by 100 lots . So what I 'm proposing is to put in one 2-family house which would give you more open space, more space for the kids to play. One story high. And that it would fit with the community and also it would get rid of an old house that :really isn't worth saving. If you're concerned about the demolishing of historic structures , there' s been two other cement houses in the neighborhood, so it won't be the last one to go. CHAIRMAN GOEHRINGER: I thank you. I' ll see what develops. The proposed 2-family dwelling would be built across the center of the two lots as it presently exists? MR. FIELD: That ' s correct. CHAIRMAN GOEHRINGER: I mean the lots exist , not the house , dwel- ling. Would it be similiar to the type of dwelling that you build on Brown Street? MR.. FIELD: It would be identical. The same plans . CHAIRMAN GOEHRINGER: Can you tell me when you built the existing house as we in this application, did you buy both the house and vacant lot at the same time? MR. FIELD: That' s correct. CHAIRMAN GOEHRINGER: And when did you buy those? Page 2 - November 20 , 1986 Public Hearing - Frank Field Realty , Inc. Southold Town Board of Appeals MR. FIELD: I would have to say about 1975 plus or minus a year or two. CHAIRMAN GOEHRINGER: Alright. Thank you very much. Is there anybody else who would like to speak in favor of this applica- tion? Is there anybody who would like to speak against the ap- plication? Questions from Board members? Hearing no further questions. . . Is there anything you'd like to add to the record Mr. Field. MR. FIELD: No. Just that I think it could be considered af- fordable housing which is one of the problems here. The fact that I'm building a 2-family house versus 2 single family there is some economy that you have in construction. CHAIRMAN GOEHRINGER: Thank you again. They didn't have the sewer in yet did they? They're going to. MR. FIELD: There is village sewer and water on Linnett Street and we' ll tie into the village sewer. CHAIRMAN GOEHRINGER: I see. Thank you. Thank you for asking that. That was a question that I had forgotten. Hearing no further questions , I make a motion closing the hearing reserving decision until later. All in favor - aye. sy SUFFOLK COUNTY OF PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE 360-5513 DEPARTMENT OF PLANNING LEE E.KOPPELMAN DIRECTOR OF PLANNING ,A�/IiCB� r7�/J�,"Ald• December 22, 1986 Town of Southold Zoning Board of Appeals Applicant: Frank A. Field Realty, Inc. Mun. File No. : #Is 3565 & 3566 S.C.P.D. File No. : SD-86-37 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local deter- mination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable special .exception/variance criteria. Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb l a VETERANS MEMORIAL HIGHWAY HAUPPAUGE.U.,NEW YORK 1 1766 (316)360-51 92 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 j JOSEPH H. SAWICKI I ' 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 : Variance from the Zoning Code , Article III , Section100-31, Bulk Schedul Variance from Determination of Southold Town Building Inspector Special Exception , Article Section j ' Special Permit its Appeal No . : 3565 App1icant :Frank A. Field Realty Inc. Location of Affected Land: '320 Linnett Street, Greenport, NY County Tax Map Item No . : 1000- 48-2-36. 1 Within 500 feet of: X Town or Village Boundary Line ` Body of Water (Bay , Sound or Estuary ) I 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 Parklor 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 Established Channel Lines , ' or Within One Mile• of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is .requesting permission to estahiish two—f miiy d� A11 - ing use on a parcel of land containing less than 160, 000 sq. ft. and with insufficient -frontyard, sideyard and rearyard setbacks. Copies of Town file and related documents enclosed for your review. Dated : December 18, 1986 Secretary , Board of Appeals F{z" t °� Southold Town Board of Ameals ® � �T" 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 December 17 , 1986 Frank A. Field Realty Inc . P . O . Box 631 Greenport , NY 11944 Re : Applications No . 3565 and 3566 Dear Sir : Attached herewith for your perusal and file are copies of the recent findings and determination rendered in each of the above matters . Yours very truly , GERARD P . GOEHRINGER CHAJ RMA_N y Linda Kowalski Enclosures Copy of Decisions to : Planning Board Building Department Suffolk County Planning Commission Southold Town Community Development Office �ocw�FOLK�OG . T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS November 20 , 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. _ SERGE DOYEN, JR. S.E.Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3566-SE PROJECT NAME: FRANK FIELD REALTY *INC. --- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ "] Type II [ )J Unlisted [ ] DESCRIPTION OF ACTION: Establigh' two-family* use LOCATION OF PROJECT: Town of Southold, County of,.Suffolk, more particularly known as: 320 Linnett- Street,- Greenport, NY 48-02=36 .1 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of the premises and is not directly related .to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. vj L D y Southold, N.Y. 11971 (516) 765-1938 November 12, 1986 Mr. Frank A. Field Frank A. Field Realty, Inc. P.O. Box 631 Greenport, NY 11944 RE: Site Plan for Frank A.- Field Realty Dear Mr. Field: The Planning Board reviewed the above mentioned site plan at the Monday, November 10, 1986 meeting and the following action was taken. RESOLVED that the Southold Town Planning Board refer the following comment to the Southold Town Board of Zoning Appeals with regard to the proposal of Frank A. Field Realty, Inc. for construction of a two-family residence at Linnett Street, Greenport: 1. The Planning Board can not endorse this proposal since the lot is undersized. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals ZVI !:�:'IELD RERLTY Kc. BOX GA A OREEM'ORT, NEW YOM 11944 (516) 477-2433 November 13, 1986 Zoning Board Of Appeal:i��- Town Of southoli''I Sauthold, N. Y. Gentlemen : With reference to our Meal for a .&MM Variance to build n one storm two family house on Linnet Street, just outside the Village Of GreenPortAt is Prnose,:J that if the Variance is granted we will remove the existin9 structure and build a one storm two Family honse on A lot area equal to two building lots in thU..- area,, The exiotM house was built prior to the existin,..'i Zoning and Building Codes and while the house meets the Qnirnium Health and Taftes Codes it adds little to the aesthetic value of the nwAborhood. The Present house is. a concrste bnild09 with ten foot high would be very difficult Q rebuild Vo meet today-5 building codes. The two famils howse that we ProPose to build will rePlace the existing house thereb, uPwadiw the area, also the ProPosed housing is all one Floor an WOUld be Suitable FOP rental to the handicaPed or Senior Citizens. The Prnoaed renbs would be in thi.- affordable housing range; GreenPort water and sewer is available oo Unnot SO. and will be conrected to TAW 11=501; A a residurt of Southold Por oven 10 wca�s and being a convarned cibizoo 1 feel that it would be a small important QprovwK� lr 10 onr towp:; Pros i yrank R. 01" P Malty Inc:, x r •�„a e r s a.. . � � �1 y�refigat Wr:. € ,;�>t< G� !'Fti +�� �' R" ��'''�Z✓ � �"'���'k ���t r ;�' �� �, ,.t e2 r,'>a:' Y- � �+r� i'�..�r '�iF"A F '•k�a����A+ �,..; .i n." ,,� ', Cjv�1,3: �';�t i* '. 1'tf'S� � d�\t ,�. :c4r 3w.h,,r�•--»• L'•*.-, s'�' ' z ` 'a»T aa, r .,sr•• asre y. +,.,���. ��"'�yi� +c+ s fO fi �s�, T ��� � � €"S,. f".9+°I•�' „r�� 1 d irk ;s _�•� •+r x ""bhr ' "� i�•d'`kls � e �� d' *y"c'"` `+ ' 'q��t a�i1,��...� a��+ ��i�'r t�dr G � , '�did';li��.r' �� !l•�� `��r skt ,t F"'iy�,c .f"Xs,�'. ,. llljlj k P4, �'V.' �A '�'1 e a gym:k s I e ¢_ � -.R•..:. hS dtm. + Rt� "X+"�w 9 �,N �1 ees"';.1' +.� e r �� •+t Pal ,�•�,L e� � ;�j�f.4'•w�` $a ;MW � IN, x i�rC4� j' r! r fir` is ✓, q ti ti � �ty�'' x, a �`r+ � kim- � �,° F. �`i f..er "`��•Sin.`�a�x r l �` w�'��'+:s' � � �"�" e, t iuriFS1a.ark 4 fi�` + sat" •' i }a fi�t�i 1§+w.' �.,yk.74' :s '�i#' et "4 ry .'f�t t�, '.�c•s�u w jx' h J r,.# r 4 '!�LaF" ! # r t'• cd'� "��w5�'( Y k ^!' �4 '49 �'k4t{5 � ��r�YY.f''r•, k�, ,�]r(1�. *� Sep? i�'; f":y�+���ir1 _hk* �` °� as r R� �bk±� "'n 4s "`� �✓'''�y at �ia k'�,Av#�+ d ! } t t / � is TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN IiALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the /x / Land Pre C.O. #- Z15038 /x / Building(s) Date- October 2' . 1986 Use(s) located at 320 Linnet Street Greenport , N . Y. I Street Hamlet shown on County tax map as District 1000, Section 048 , Block 02 , Lot. 36 . 1 doesanot)conform to the present Building Zone Code of the ,Town of Southold for the following reasons: Insufficient total area ; front & side yard set-back i I On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /x / Land / x/ Building(s) / /Use(s) existed on the effective date the present Building Zone Code of the i Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property-contains a one story, one family , stucco-dwelling with attached porch ; and situated in the 'A ' Re%J_dentiai Agricultural zone with access to Linnet Street, a Town Road The Certificate is issued to Frank A Field Realty Tnr _ (owner, 3n_-/- o:R xtR9",Wx x o° the aforesaid building. � I Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFILA'PE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises IikS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and oipdin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the promises comply with all other applicable codes and regula- tions. 'A�k r_;4 r',uiidinc—inspector _ - -� SOUTIOLD COMMUNITY DEVELOPMENT AGENCY 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 (516) 765-1892 Z James C. McMahon Administrator TO: Zoning Board of Appeals Planning Board FROM: James C. McMahon, Administrator Community Development . RE: Proposal on Linnet Street, Greenport DATE: October 10, 1986 The Southold Town Community' Development Program is in full support of Frank Field's Proposal to build a 2 family house on Linnet Street, Greenport. This project is consistent with our attempts to make improvements to this neighborhood through our Housing Improvement Program. Your favorable consideration of this proposal is appreciated. FRANK A. FIELD REALTY Inc,; P. O. BOX 631 6REENPORT, NEW YORI,::� WK) (516): 477-2433 1194:1. October 7, 1986 Zoning Board of APPeal:i..... Town of Southold Sonthold, H. W: Gentlemen : This letter is in resPonce to our request for additional information on Frank A. Field Realty inc. in 1971 my wife and myself started PurchasW ProPerW:1 and houses in the Village of UreenPort and the Town o-i:' Southdid, this included our Present home at W..; Middleton Rd. in the Town of Southold (GreenPort Post Office) .! in 1983 on advice of our Accountant, and our Attopme!::; we set nP a corPoration to handle our various Real Estate holdings here and elsewere. My wife and 1 incorPorated under "Frank A. Field Realty inc. " . We are the sole stockholders. k1e have in the Past cotinualls invested in uP oradim::i ccr houses by uP 9radin9 the Electric Service and by installin9 Central Heatim Units inPlace of Wac,�'.., Heaters. 1t is because of this desire to imProve our housing units . we have requested this Zoning Variance. if you should need further information Please feel frei�- to contact me: r u!:::i Yours t e"rank A Field AA ! ,�'I _.�1�' 7 ! i r-..•.���.,_.:e-i.a�`7-=Pr:'rFn�rn.R.d..t i;ti�_^,ja r .1 'i � i1i r `• .-. .. l.� . -, ::Sty�„„3y d�ir n+Jl`'I l ro 6 e -1 r . c'� �` ✓1 :' SF(y 1.p•N�y i%'�, •/`���,-•, ..-,�,_ i t1 .;�� is"' ;' ." . - , .•.. - i -fir_ ;' - - .;f,,,. �- . -,� .. r'; ;', •- ' - _ .'e,:_- _ i NOTICE OF HEARINGS 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 ; NOVEMBER 20 , '1986 and as--follows : . . . . . . . . . - - - . 7 : 35 p . m. Appeal No . ' 3573 - MARGAR.ET AND JOSEPH BEST . Variance to the Zoning Ordinance ; Art-i-cle III ,--Section 100-32 for permission to locate accessory garage structure in the frontyard area at premises located on the south side of a private right-of-w`ay extending off the east side of Camp Mineola Road , Mattituck , `NY ; County Tax--Map Parcel No . 1000-123-06-17 .- 7 : 40 .p .m. Appeal No . 3571 - MARGARET AND 'JOSEPH BEST. Variance .to the Zoning Ordinance , Article XI , Section -100-.119. 2 for permission to construct addition at -the southerly side of existing dwelling with insufficient setback from the--bulkhead along tidal water area and insufficient setback from the rear property line at premises located on the south side of a private right-of-way extending off the east side of Camp Mineola Road , Mattituck , NY ; County Tax Map Parcel No . 1000- 123-06-17 . 7 : 45 p .m. Appeal No . 3568 - STAMATIOS 'AND 'ALENI 'RAPANAKIS. Special Exception to the Zoning Ordinance , to establish one accessory apartment : in . the :existing dwelling structure in accordance with the requirements of Article- III , Section 100-30 (B) subsection [15] . Location of Property : 2030 .Boisseau Avenue , Southold , NY ; County Tax Map District 1000 , Section 55 , Block 6 , Lot 40 . 7 : 5O .p .m. Appeal No . 3569 - BOATMEN ' S. .HARBOR MARINA. Variance to the Zoning Ordinance, Article XI , Section 100- 119. 2 for permission to construct addition to existing dwelling with an insufficient setback from existing bulkhead . Location of Property : 3350 West Creek Avenue , Cutchogue , NY; ' County Tax Map District 1000 , Section 110 , Block 01 , Lot 12 . . . . . . . . . . . . . . - 7 : 55 p .m . Appeal No . 3572 - MICHAEL AND JOYCE MATTES . Special Exception to the Zoning Ordinance , Article III , Section 100-30! (B ) [16] for permission to establish " Bed and Breakfast Use , " " an . owner-occupied building , other than a hotel , where lodging and N breakfast is provided for not more than six casual , transient a roomers , and renting of not more than three rooms . Location of 0 Property : 50 Luthers Road , Mattituck , NY ; County Tax Map yam? District 1000 , Section 113 , Block 03 , Lot 7 . r c 27 8 : 00 p .m. Appeal No . 3565 - FRANK FIELD REALTY INC . Variance to the Zoning Ordinance ; Article III , Section 100-31 ' 0 Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - November 20 , 1986 for permission to establish two-fam fly dwelling use on a parcel of land containing less- than 160,000- sq . ft,. in area , 270 ft . lot width , 400 ft . Tot depth , and with insufficient frontyard , - sideyard , and rearyard setbacks . Location of Property : 320 Linnett Street , Greenport , 'NY ;. Map of ,Gr.eenport Driving Park' #369 , Lots #71 and #72 ; County. Tax Map District. 1000 , Section 48 ,. Block 2, Lot 36.. 1 •. . 8 ::05 p .'m. . Appeal. No , 3566-.SE . ' 'F.RANK FIELD REALTY INC . Special Exception to the Zoning Ordinance , Arti-cle-III , --Section 100-30 ( B) for permission to establish two-family use at premises referred to as 3201innett Street , Greenport;" NY; Map of Greenport Driving Park #369 , Lots #71 and -#72 ; County Tax Map District 1000 , Section 48 , Block "2•; Lot 36 . 1 . 8 : 10 p .m. Appeal No . 3570-SE27 'PAUL HENRY . Special Exception to the Zoning Ordinance , Article III ,°-Section 100-30 (B) [16] for permission to establish " Bed and Breakfast Use , " "an owner-occupied building , other than a hotel , where lodging and breakfast is provided for not more than six casual , transient roomers , and ,rent.i ntg__ of ,not ., m.or.,e than.�s i x casua-1 ,,-transient roomers , and renting of not more than three rooms . Location of Property : 50 Luthers Road , Mattituck , NY ; County -Tax Map District 1000 , Section 113 , Block- 03 , Lot 7 . - - 8 : 15 p . m. Appeal No . 3576 - BARBARA D. SCHRIEVER. Application to, withdraw .V-ari ance,. eond.i,t.iona.l1y.:- approved -under.. A,ppe.a,l No;;._ 3393 on September 26 , 1985 , and to reinstate in full the 1969 Variance conditionally approved under Appeal No . 1260 , - permitting the use of a 5 ,600 sq . ft . existing building for storage and repair of contractor ' s machinery and equipment. Location of Property: West Side of Tabor Road , Orient, NY ; County Tax Map District 1000 , Section 18 , Block 05 , Lot 12 . " B-Light" Business Zoning District . = 8 : 20 : p". m. , Appeal;: No,..,,35.52. .-:. JOHN ..SE.N.KO .,; Reconvene,. heam.i ng concerning Variance for shopping center use in this B-1 General Business Zoning District containing 30 ,084 sq . ft . in lot area . Location of Property : Intersection of Ackerly Pond Lane and North Side of Main Road , S-outhold ; County Tax Map District- 1000 , Section 70 , Block 7 , Lot 1 . 8 : 40 .p . m. Appeal No . 357. 4 = 'DR: JOHN LORETO . Variance to the Zoning -Ordinance ,- Article III , Sections 100 - 30 , and 100732`, and Article XI , Section 100=119'. 2 , for permission -to ' construct =" Z r a:. (;:, .cG 4• b. hJ r Page 3 . Notice of. Hearings Southold Town Boar.d ' of Ap.p[eal s Regular Meeting - November 20 , 1986 storage building with an insufficient setback from bluff along Long Island Sound for storage purposes accessory and incidental to the existing dwelling adjacent---to these premises . Location of Properties : - Lots' #3 and #2 , Map of Vista Bluff #5060 ; North Side of Glen Court , Cutchogue ,. NY; County Tax Map District 1000 , Section 83, Block 1 , Lots: 9 and 8 . - 8 : 55 p .m. Appeal No . 3562 - ANA 'G . 'STILLO . Variances : ( 1 ) to the-Zoning- Ordi-nance , Arti cl e I-I I ; Section 100�-31 , for approval of insufficient lot area , wi.dth -and depth- of - three parcels in - this pending Minor Subdivision , and (2 ) to New York Town Law , Section 280-a for approval of access over private-- right-of-way extending from the north side of Main Road to the premises in question . Location of Property : At the north end of private right-of-way (. a:Rong l ands--of-B. Brokaw ) , North Side of Main Road , -Orient, NY ; County Tax Map District 1000 , Section 14 , Block 2 , Lot 26 , containing 3. 2 acres total . 9 :05 p .m. Appeal No . 3519 - STEVEN SANDERS & ANO . Variance to the Zoning Ordinance , Article III , Section 100-31 for approval of insufficient lot area , width and setbacks in this pending set-off division of land . Location of Property : Private Right-of-way located--off the north side-of- Bay View Avenue , Mattituck , NY ; County Tax Map District 1000 , -- Section 106 , Block 06 , Lot 36 . The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings . Written comments may also be submitted prior to the conclusion of the subject hearing . For more information , please call 765-1809 . Dated : November 3 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary -------------------------------------------------------------------x ATTENTION NEWSPAPERS : - Please publish THURSDAY , NOVEMBER - 13 , 1986 and forward 1.3 Affidavits of publication on or . before November 17 , to : Board of Appeals , Main ..Road , Southold , NY 11971 . ------------------- ------------------------- -- --------------x fL cv af :a CD h.l Page 4 - Notice of Hearings (Notification List ) Southold Town Board of Appeals Regular Meeting - November 2p , 1986 Copies to the following 11 /6/86 : Mr . and Mrs . Joseph Best , Camp Mineola Road , Box 609 , Mattituck , NY 11952 Mr . and Mrs . St.amatio Rapanakis , North Bayview Road , Southold , NY 11971 Mr . Dennis Ketcham , Manager , Boatmen ' s Harbor Marina , 3350 West Creek Ave . , Cutchogue , NY 11935 Mr . and Mrs . Michael Mattes , 50 Luther: s Road , Mattituck , NY 11952 (P . O . Box 831 ) Frank A. Field Realty , Inc . , Box 631 , Greenport , NY 11944 Mr. and Mrs . Paul Henry , 236 North .Road , Box S , Greenport , NY 11944 Charles R. Cuddy , Esq . , Attorney for Mrs . B . D . Schriever Esseks , Hefter , Cuddy & Angel , Box 279 , Riverhead , NY 11901 Stephen R. Angel , Esq . , Attorney for Mr . J . Senko Esseks , Hefter , Cuddy & Angel , Box 279 ; Riverhead , NY 11901 Dr . and .Mrs . John Loreto , Box 41 , Cutchogue , NY 11935 Rudolph H . Bruer , Esq . , Attn : Mrs . P . C . Moore , "Attorney for A. Stillo ..Main Road , Southold , NY. 11971 Rudolph H. Bruer , Esq . , Attn : Mrs . P . C . Moore , Attorney for Sanders and Schwartz , Main Road , Southold , NY 11971 . Town Clerk Bulletin Board Z . B .A. Office Bulletin Board Building Department Z . B.A. Individual Files Z . B . A. Board Members Personal Delivery - Suffolk Times and L . I . Traveler-Watchman Uj � CAL L- N C`J yN _ rr Z L] M Z u a -TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. G DATE .��.'.... .. ........... TO THE ZONING BOARD OF APP ALS, TOWN OF SOUTHOLD, N. Y. nn II 1, (We) .�42;K..0 .:.F�I�Lb ...LT.`�...l. ��..of ....... ..d:.. d. .....� 3..� Name of Appellant Street and Number '. . . .. d� T. .. ..................................... ......... �y • ••• ••••• • .........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...� "�'�'b S.�.....2..It..t. L. �..... WHEREBY THE BUILDING INSPECTOR DENIED TO .......Fiiee-!�. ....A.�. 1. �n......R� .�-y..l C No a of Applicant for permit .. of f.A:.. ��. . ..�!.3 1.............. .�' d1E'r............U�.. ,............... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....012......1, r,,, ,,,,,,,,,,,,,(9 �f.................. 047' �Luoft oZ - LOT 30, 4 Street Use District on Zoning Mop — ............................................:.Current Owner Fe&Pvk A Fuuy Qqy (JUC, 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.) 100 — 30 S (1) 1 too - 3 I 3. TYPE OF APPEAL Appeal is made herewith for (?C) 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 P (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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ber A Variance to the Zoning Ordinance is requested for the reason that ONE rWa klo u s o'v bus v FF /c/A G,#N d. Form zsi (Continue on other side) REASON FOR APPEA 1 - Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary-HARDSHIP because THEt hM-p(XKj 0 F Lb-Nlo RaoutlejEn 70 t&t ia. T-wv F&v,, tL- \.1 µous (E L5 Iw (�\(cFSS © F rrA(E �9rrSFH.i f3 LA.1 k- Qiwc- a TM (E I. rv, L T 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because S4K,-ti- , L.0 T-S v 1 5*0 X l o u rl tau &4A VK if n � �-T� ( a %. N ` � 4 N p w W A-ie g.f1ko vcb SIN(, 7D U�. � u S � Tw A-wt l c...1 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 0&0S( d F -114f N041& la N Tgff A! ? P,C) frt,9Ty L L (v F-S W d U,1, 0 15 IE W L TW 0 V-T- cff�frcdw, STATE OF NEW YORK ) !!II�� ) ss .. 2: ............................................. COUNTY OF,-c�4 a��// ) Signatur Sworn to this ...... ..................... day of.... .. .. . ........ . .. ...... Notary Public JANET E.STAPLES Ni c,Stats Of NOW York No.48314t949,Suffolk County Commission Expires March 30P 1 / I � 1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE _ TO to the Board of Appeals of the Town of Southold ADJACENT TO: S tc S 4+u C-P-c HIV ?6 S FL tIV t S t PROPERTY OWNER 5 ct 1=F 0 COto w;`l C�d S{✓M. '`-L THocd UNn Pt4k� Otoumlo 631 300ww 97 L Cdurwr,, of SCLt=FV%-M e% uiL,4"K TA-M DJ.o tlo W m a meov s s eK I�8 6 . �'YOU ARE HEREBY GIVEN NOTICE: 1. That a inten ' f undersigned to petition the Board of Appeals of the Town of Southold to request a ariance) (5pecial Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as.follows: A I Z L t Vu k9 5-i l 0 tti sti l TA•Y M A-A hLe. le ff r aJ P d R.-F S 9,n dam. ® L o r 36.1 lIR 3. That the property which is the subject of such Petition is located in the following zoning district: F041,F '16 It A ,/ 4. That by such Petition, the undersigned will request the following relief: _0 0 CA,, L 10 TWO - - F-7715,0•t ��� 140u S M 0 N TW 8ctt L dtP+tG Uo T S . 5. That the provisions of the Southold Town Zoning Code p licable to the relief sought by the under- signed are Article Section 00 30 R6y t 100— 3 f ^_ [ ] 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) 765-1809. 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 b heard at such hearing. Dated: Q Z Gtit�� Petitioner Owners ' Names : Fief+f (-trew A-7-y Post Office Address (Tel . q-77 --- z 43z ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS J i .1 t . I� STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: I �-- residing at 3 T_ OLD K d - being duly sworn, deposes and says that on the 2 day of 119 8'Yv , deponent mailed a true copy of the Notice set forth on the.re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at l�fzl�tllOowr that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to efore m this day of ,.19 Notary Public ) ftod f NowVxk (This side does not have to be completed on form transmitted to adjoining , property .owners . ) P 262 I 104 262 411 105 RECEIPT FOR CFzHrlfIED MAIL FIE-C[z[FT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOFO NO f; NOT FOR INTERNATIONAL MAIL %Qi 10i. (See Reverse) A a) Sen r� I A 6 co Street an h- - 6 P .. le and 7113 ode ,, ,, od,; 49-11 ar Postage U S Codified Fee owd Fe'. Special Delivery Fee ,.Jwual Delhv,21Y I e0 Restricted Delivery Fee Return Receipt showing to whom and[).-I' tn a,),l 1)"!,!I)C!"I",-I-t-d Ln . Fe IM ner t sho, T i Dale.and din 1r 0 T 0 1 A I. I ff>i., 0";j C 1z Postmarl, w le r 1 CD I" 1111.1tt co E 03 7 U- U) P 262 411 108 P 262 411 1,06 Ri.::C;E-IPT FOIj CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL (See Revefse) (See Revel se) Cn cK3 C) St,n —11fil rill— and No A? 00 State Ci ode an ZI I 10IDL Uri Postage hud(-ee Crlified Fee Delivery f t!U Special Delivery F ev Hu-sIricted Delivery Fee, Rec,-,Ip!sh,)Y.Ir,1j ROILIfn Receipt sI)uw,ng I'lloin aild ()HIvuled to whom and Date Delivered kr) Ln 1.0 'wri Hp jo r,,hnrn CX) 0) WIM Return Receipt sh( - I)atf, , ;� I t QQ-,V.,r1ofn, Dale,and Ad,I, sot Del C) TOTAL Pq,jqIrQ CT 'o ,tni.,k or 1�7 C 0 Posiniar o co 6 it E 0 8 U- C.- PS Form 3800, June 19135 U.S.G.P.0,1985-4180.794 U) In v, M 3 17111 a) cb 0 'D W IJ C1 0 -U ID -4 -n ru 17- C.- IF) ly Q 0 0 ni CD ID M rb 0 0 J N L (D:s C:L J L F- 0 M C:3 -j J r FORM WO.3 i !I �I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD.N.Y. I. NOTICE OF DISAPPROVAL. Date . . j,. °�'. . . . . .. 19 ;R(St . . o . .�. . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . t!:+. . . . . . . . . .. 19 .�� . I, for permit to C-r^.A !� .�..�'°�'-0 . . ti . . . . . . . I . . . . . . . . . . at Location of Property $ . . "'�!4 '. . . . . .�'�. ,d4�. . . . . . . . . . . . . House%Vo. Sti6 •Efamlot County Tax Map No. 1000 Section . . .Q a . . . . . Block . . . .S4 2+- . . . . , Lot . . �•• ti . . . . . . Subdivision . . . . . ... . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . .• . . . . . is returned herewith and disapproved on the following grounds DAI. . . . . . Q4 • • • • • o • • • / • • • • • • • • • e • • o • • o • • • • • • • • • • o . • • • • . • o • • • • • • . • . • • . • • • • . • • • • • • • • • • a • • • • • • • • • • a • • • • • • • • o • • • • • • • • • • . • . • • • • . • • • • • . • • • . . • . . • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • o • • . ... • . • . • • • . • . • . • . • • • • • • • • • • • • • • • • • • • • • • • • • • • o • • • • • • • • • • • • • • • • • • • • • • • . . • • . . • • • • . • • • • . • • • • • • • o • • • • • • • • • • • a s o • • • • • • s • • . o • • • o • • • • . • • • • • • • • • • • . • . . • o • . • • • . . • •� ���r� Building Inspector• RV 1/80 T;-Ie ;i . Y . S . Env ironmentaI Quality keview ,1Ct require suu- mission of th forma and an environment review wi 11 be. ! , ' . •• ' ;:`;:` y� made by thi s 3rd before any action is ;en. SHORT C1IVIPT dE11TAL ASS?:iT!F'f FCP!{ •,. aCT_ S t• _ ::;`tip' ,•.�• -..�� • ' ' • • . • �� ��{'tt`�'"�:���a. �` ` (a) In order to answer the questions in this short EAF la 13 sssi:.Yed , .,•' "' pr eparer will use currently available infor-aaticn concerning the proj9c't aadl '4 - likely ixpacts of the action. It is not expected that additional studio-``I�'r'w !r• ''' or G.hCr 1nvOaLi4at1O-is will be undertaken. yr='®� (b) If any question has been answered You tho project msy be ai ^' h' �S y••..r... ;, , cc- eted Envircnr.,ental Asses ma t o f i� � nt a 1 s n F Form is necessa:- ;,,� n-+ : � ,,-, 1 t7r'3.���i•,. ',� .S.nt�'I '. 1''i_ii'•"1::jf14a:i1T,C�'%%'•t.:p: . . (e•) a 'questions have been answered No it in likely that q y that this pro i:•� ,�_;: nc- significant.M. :�:'�'•�.r..,,•. �(d) Env•irer.rental Assessment ,r•;•� ', .,�: :•;): .i '1':,• 1..• Will project p ject result in n large hyaical ct•Anga ' ._`;'.' •','' to the project site or physically alter more :ith= :.�`,�b�• !'. than 10 acres of land? • e • • • • • • • • e • Te % 'it Will there be a 'ca jor change to any unique or unusual land for, found On the site? . y . Yas No :;:' 3• W!11 project alter or have a large effect on i ";, t'' 'r•';::'.?'' an existing, body of water? • e o • • • • • • • Yes O ! Mill project hnvo a potentially largo impaca on groundwater quality? • • • • • . o • o • • • Yes IrO '`�1 :� ` '' �• y Will project significantly •effect drainage flow '•f'I'1:' • on adjacent sites? o o • • • • ® e • o • • '^= JY03 r: Will project affect any threatened or endangered plant or ani:.zl species? • o • o • m • o m . . Yes NO W111 project result in a rea j or ad•✓orso effect on - 1 :.;•:; air quality? . . . • o o Yea 1io 8• WL'1 project have a tra jor effect on visual char- r' ''r• actor of the co=nunity or scenic .viewe or vistas known to be important to tho c0r._•aunity? Yes 110 ..i'• 9• Will project adversely Impact any site or stract— aloontologicul. ure of historic, pro-historic, or p � importance or any site dosigr:atod ae a critical ervironnental area by a local agency? e . . Yas No 10. Will project have a rajor effect on existing.or future recreational opportunitios7 . . Yes 1I0 11. Will project result in major traffic problems or cause a major effect to existing transportaticn t"• ';'''"� sy9terr:7? o o e o Yes ADO 12. Will project regularly cause objectionable odor--, noise, glare, vibration, or electrical disturb- ance an a result of the project':, operation? . Yes 1). Will project have any impact on pub).ic ht:alth or safety'' . . . . . . . . . o , , Yes 1Z.. 'W21 project sffect the existing corununity by directly causin4 a gr•cwth in ;.ermnnent popirla- t1cn of more t::an 5 percent over a one-year period cr have a ^:a jor n•:r,3tive effect on the i� , Character of the cor: r. �unity ;r ei,;h;:orhocd' . . Yes 1.o 15. I , there polo c ce t�r:v rs cncera:nq the pro;-- Y e NO 9ite�a (Tc,da s D.ltc) To: Southold Town Board of ADpeals Main Road Southold, NY 11971 Rc : Anneal Application of �( ,Ic �_Fa fLyj Location of Property: S Dear Sirs: In reference to the 11e:v York State Tidal Wetiands Land-Un Regulations, 6 VYC:Z , part 661, and Article 25 of the r1cv Yoz'j,. State- Environmental Conservation Law, please be advised that t. subject property in the wit-hin appeal application : (p1�-::►s�c ch�:ck one box) Kly be located within 300 feet of tidal tiowt:ver, constructed along the water-lyrinq edcc of this property is a bulkhaad in very goad condition and at least 100 feet- in length. * ( May be located within 300 feet of tidal Wetl " uncs however, construc:.cd along the water-lyi^c edge of this property is a bul%head in need o= - j �) (r;1:_..O_ (ma o_ repairs , and apprc::imatelY feet in length. l May be located within 300 feet of tidal wetlanc'_s; however, constructed along the Water-lying edge of this property is a bulkhead less than 100 feet in length. l May be locL,ted within 300 feet of tid-i� - wetland:; ; and there is no bul%head or cu,lc::Ct,, wall exisz. :n on the premises .. ' ( ) Is not located within 300 feut of tidal wetlands to the best of illy knawludge . k (:; tarred items (�) i"dicate your property cloe not appear to fall witlli;i the jurisdiction of the tJ .Y.S . D. E.C. Sincerely your • �l ("ilJna turn p!case 1 i7OTE: I: proposed projcct falls WiOli.in D. E.C. jurisdiction , approval must be received and submitted to our office before Your application can be scheduled for a public hearing.