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Home My WebLink About3450 Qa �� : � SoutholdwTon hoard of Appeals � 5 j, MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3450 Application Dated January 7 , 1986 ( Public Hearing 3/13/86 ) TO: Wickham , Wickham & Bressler , P . C . . [APPeII—a'=t (s) ] as Attorneys for ROSALIE GOWEN Main Road , Box 1424 Mattituck , NY 11952 a At a Meeting of the Zoning Board_ of Appeals held on April 16 , 1986 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 [ X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 , Bulk Schedule [ ] Request for Application of ROSALIE GOWEN for Variances to the Zoning Ordinance , Article III , Section 00-31 , Bulk Schedule , for approval of: (1 ) insuffi - cient lot area , (2 ) insufficient lot width , (3 ) insufficient lot depth , of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road , Cpt . Kidd Drive and Central Drive , Mattituck , NY ; Cpt . Kidd ' s Estates Filed .Map #1672 , Lots 134 , 153 , 154 ; County Tax Map Parcel No . 1000-106-02-32 and 43 . WHEREAS , a public hearing was held and concluded on March 13 , 1986 , in the Matter of the Application of ROSALIE GOWEN under Appeal No . 3450 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present use and classification in the "A" Residential and Agricultural Zoning Distr ;cty and WHEREAS , the board has . considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests a Variance from the provisions of Article III , Section 100-31 , Bulk Schedule of the Zoning Code for insufficient area , width and depth of two parcels proposed on this 31 ,740 sq . ft . tract of land , of: (a ) 13 ,824 sq . ft . in area , 106 . 65 frontage along Zena Road , and depth of 133 . 59 feet for proposed Parcel #1 (to the south ) , and (b) 17 ,916 sq . ft . in area , 135 . 77 ' frontage along Central Drive and 91 . 67 ' along Zena Road , and depth of 133 . 59 feet . 2 . The premises in question consists of an area of 31 , 740 'sq . ft . with 198 . 23 ' frontage along Zena Road and average lot depth of 107 . 52 feet . (CONTINUED ON PAGE TWO ) DATED: May 3 , 1986 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3450 Matter of ROSALIE GOWEN Decision Rendered April 16 , 1986 3 . The subject premises also consists of Lots #134 , #154 , and #153 as shown on a Map of Cpt . Kidd Estates which was filed January 19 , 1949 , prior to the enactment of the zoning code . The northerly half of the premises is improved with an accessory garage and one-story single family dwelling set back 35 ' from Zena Road at its nearest point , 37 ' from Central Drive , and 22 ' from the proposed division line . 4 . For the record , it is noted that a Certificate of Occu- pancy #Z-5687 for the accessory garage was issued December 10 , 1973 and Certificate of Occupancy #Z-1100 for an easterly 16 ' addition was issued during June of 1960 . It is the board ' s belief that the dwelling as constructed over the old subdivision line between Lots #134 and #154 preexists the enactment of zoning in 1957 . 5 . It is the opinion of the board that this congested area is a very fragile and environmentally sensitive area , and without proof as to the availability of a public/community water-supply system and appropriate approvals from the Suffolk County Department of Health Services , including but not limited to Article VI , a variance is not warranted . 6 . It is also the opinion of the board that althbugh the area consists of lots similar in size , the existing dwellings have been serviced by a community water system since on or about the time of their construction . In considering this appeal , the board finds and determines : (a ) that the relief requested is substantial in relation to the zoning requirements , meeting less than 20% of the lot area require- ment of 80 ,000 sq . ft. ; (b ) that the circumstances are not unique except that the subdivision pre-dates the zoning ordinances ; (c ) the granting of the variance would amount to "ad hoc " planning and create a precedent for the entire town which could well lead to further substandard parcels and would in turn cause a substantial, efect of increased population density and be adverse to the safety , health , welfare , comfort , convenience and order of the town ; (d ) that the practical difficulties shown are not sufficient as applied ; (e ) that the interests of justice will be served by denying the variance as applied . Accordingly , on motion by Mr. Grigonis , seconded by Mr . Douglass , it was RESOLVED , that the relief requested under Appeal No . 3450 in the Matter of the Application of ROSALIE GOWEN for approval of insufficient area , width and depth , BE AND HEREBY IS DENIED WITHOUT PREJUDICE , as applied. Vote of4the Board: Ayes : Messrs . Goehringer , Grigonis , Doyen , and Douglass . (Absent was : Member Sawicki . ) This resolution was duly adopted. lk ER RD P . GOE RIN ER, H IRMAN May 3 , 1986 ` .... ... . 'Sri • ...,`'`i- Suthold ® ®a f oAppeaAC ��id 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 June 10 , 1986 JOSEPH H. SAWICKI Abigail A. Wickham, Esq . Wickham , Wickham & Bressler , P . C . Main Road , Box 1424 Mattituck , NY 11952 Re : Appeal No . 3517 - Rosalie Gowen (Variances ) Dear Gail : In reviewing your recent request for reconsideration of Appeal No .-3.450 .in the Matter of Rosalie Golken , the board indicated, at our Special Meeting .Of M.ay 28th , that a copy of an approval (or waiver) by the Suffolk County Department of Health- Services is necessary prior to advertising this matter for a public hearing. ' If you are able to furnish, us with same by mid-July , it is expected that a public hearing could be held in early August . Please keep us advised regarding developments . Yours very truly , GERARD P . GOEHRINGER C L AN inda Kowalski cc : Planning Board • t ' Southold Town Board of Appeals All �� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 3 , 1986 C Abigail A. Wickham , Esq . Wickham , Wickham & • Bressler , P . C . Main Road , Box 1424 Mattituck , NY 11952 Re : Appeal No . 3450 - Rosalie Gowen (Variances ) Dear Gail : Transmitted herewith for your records is a copy of the recent findings and determination rendered in the above matter and filed May 54L-h with the Office of the Town Clerk . .Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to : Planning Board Building Department LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8 353 ZAOn FRANKLYN A.FARRIS February 27, 1986 � Southold Town Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: Application of Rosalie Gowen Gentlemen: I question the Planning Board's conclusion regarding . the intention of the original construction. The house faces Central Drive, and the driveway enters from Central Drive. Moreover, the house is built completely on the proposed Parcel 2 and has adequate set back. Therefore, I do not understand on what basis the Planning Board has made its conclusion as to the owner's intention. Their basis is not set forth in the resolution. Moreover, the owner's original intention is irrelevant as a variance is requested based on current practical difficulties or unnecessary hardship. The filed map originally showed the entire parcel as three separate lots. The house was constructed to straddle the northerly and middle lot lines but was fully constructed ,• on the northerly portion of the entire property. I enclose a print of a survey showing the original lot division on the old filed map. 'vvit"a regard to your inquiry regarding lot coverage, Mr. Hindermann has advised us that based on the Town records and survey, the structures do not violate the lot coverage requirements. We are making arrangements to obtain a letter from him stating that there is no excessive lot coverage. Very truly yours, t5 �2Qc,�WctlC�rrart�, Abigail A. Wickham AAW:emu encl. cc: Planning Board p A�NET r D Y Southold, N.Y. 11971 (516) 765-1938 February 13, 1986 Abigail Wickham Wickham, Wickham and Bressler Attorney at Law P.O. Box 1424 Mattituck, NY 11952 Re: Rosalie Gowen set-off change at Mattituck Dear Mrs. Wickham: The following action was taken by the Southold Town Planning Board, Monday, February 10, 1986. RESOLVED that the Southold Town Planning Board foward the following comments and recommendations to the Board of Appeals regarding the proposal for a set-off for Rosalie Gowen: The Board has concerns with regard to the lot which is proposed, since it is obvious from the original construction that the owner did not have any intent to make two lots. The Board recommends that the parcel`,r___emain_as_,one building lot: 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 SUAZVeY'Tc F'o2 E N-rrz g L . .D)2 f vim' a 6.Soo — �dd. sso 5. 84'o0 '30"E. i. s 7 A•,•o �Q�SALl4E' 0'0 WE IV 0�7' �GPode -- 1 u, Z-8 ; ! Cou"r l MAP NO. 167Z Cca/e : 54._`.. E • �„� is �a. - - • I ....__ --' �f� � a � t�Jor�u m and • Jv Su,{colk County Tax parcel: = nfaf. lQoo sec. 106, oz 2 Lots 3z 43. `' Gunrantced to U, s. LYe <f/e /f,�r�rarrce i l .ems earve yew 4, e:OOEclCK VA" T'uY[ P. C, ti A,LL-"A Lr uav ,- !'ceHse ,Gard Se yos , `� Q �,740 SGt. I�'T_ G,-eerfborf, .tir. Y. 7 9,Z 7 111OUTHORILED ALRRAWN(JR A901110A ED v11S SURVEY IS A VIOLATION OF H. 86 1'0 0`. Q*W, W—TION 7209 OF THE NEW YORK STATE � l i7• Ep.KATION LAW. f COPIES OF THIS SURVEY MAP NOT FEARING VO ME LAND SURVEYOR'S WN D ZEAL OR 1 MOSSED SEAL SHALL NOT U C(>Wj;DERED EO'E A VALID TILL'E COPY. `1 PUARANTEES INDICATED r.F:ECN SHAD Run QNLY TO THE PERSON FOR WHOM THE SLIZ- ..- 0 PREPARED, AND ON HIS?HALF TO TH, \� [ITLE COMPANY,GOVERNMENTAL AGFN,' MOING INSTITUTION LISTED HMO" ' (O THE ASSIGNEES OF T11F LwoV.Ki - t TUTIONI GUARANIEtf, ANI! 'I I• f ' ILO ADOITICWAI W1 l( --. '�vR�°-�C'��aafg'µ:69 OlQ7-£a?+?3:.•n.f�R7_.:.�,ir�: i __ _ .. _. .._._. ._ _ • g�Mpu0P C4W P � �1t3:6�3d�F+�B�?i t+.vrg;a;;:Sui �u•- , orlij f�E�att r� a5':;u2Utxu,�" ate left gt�xuj s 3 t ^n ctjj yo.a�"r.' � I � __... .. __._"_'--_ ry—.._— / ,7•�� --� Lty•ter '1i�/�/ �_- '. el y^,,ld j(.�iS,trfiir:; ,7rr�7' ,9v"'�'t'�?I r• cSr .C`Y n-QS' =',r �''^r •G`� 'i`, k 0.51 9B"S%`� y "4r7U4 J�. _ t� } •�`�Y�"-sue — - ='ter—�- ' Ts ZL4! Ln 3outhold Town Board 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. January 9 , 1986 SERGE DOYEN, JR. ROBERT J. DOUGLASSIz JOSEPH H. SAWICKI Abigail A. Wickham , Esq . Wickham , Wickham & Bressler , P . C . Main Road , Box 1424 Mattituck , NY 11952 Re : Appeal No . 3450 - Rosalie Gowen ( Variances ) Dear Gail : This letter will acknowledge receipt of the above variance application and is to advise you that the board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling this application for a public hearing . In reviewing the survey map as amended August 16 , 1985 , it is noted that proposed Parcel #2 may require an additional variance for excessive lot coverage for all existing structures . We ask that you contact the building inspector for his determina- tion in this regard , and then furnish us with a copy of same together with the total area for each parcel as proposed . In the interim , please proceed with the Planning Board in 131Al order that they may submit their written comments and/or action Ito our office as early as possible . Please don ' t hesitate to call our office if you have any questions . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN cc : Planning Board By Linda - Kowalski Building Department NOTICE-, construction of second-story WINEIdY/VINEYARDS for a deck addi ' with an'insuffi- Special Exception to the Zoning NOTICE IS HEREBY GIV cient fron, l setback. Loca- Ordinance, Article III,I- on EN,pursuant to Section 267 of tion of Property: 1625 Sandu,. 100-30(B)[14]for permi_, to the Tbwn Law and the Code of Beach Road''.(a/k/a 55 Bay' establish winery use from grapes the 'Ibwn of Southold, the Road),Greenport,NY;County grown on the premises, located following public hearings'will be' ' Tax 'Map Parcel' No. at. 36225 Main Road, Cut- held by the SOUTHOLD 1000-43-0445. ehogue, NY; County Tax Map TOWN BOARD OF APPEALS 8:05,p.m. Appeal No.,3460- Parcel No. 1000-85-02-10. is the at the Southold Tbwn. Hall, .'MICHAEL J.PERLMUTTER, 9:10 p.m. Appeal No. 3456- Main Road,Southold,NY at a M.D.for a Variance to the Zon- RIC-HARD AND ANITA :HMAN, Regular Meeting commencing at ing Ordinance;Article III, Secs WILTON for a Variance to the County; f 7:30 p.m. on THURSDAY, tion 100-30(C)[1](a)for permis-, Zoning.Ordinance', Article III, MARCH 13, 1986; and as sion to utilize premises and ad- Section 100-31, Bulk Schedule, ,d copy, follows: dition for accessory,home oc-• for approval of proposed lots ttchman 7:35 p.m. Appeal No. 3432- cupation use(physician's office) having insufficient area, width weeks Recessed Hearing in the Matter in excess of maximum-permitted and/or depth in this pending of JOHN AND'' JOYCE 30 percent first floor area.Loca- division of land, located at the HOLZAPFEL. tion of Property: 2015 Theresa East Side of Queens Street, 7:35 p.m. Appeal No:3457- Drive, Mattituck; Deep,Home Greenport,; NY,' County Thx RALPH AND LUCILLE Creek Estates Filed Map 4256, Map Parcel No. 1000-40-3-6. STOCKER for permission to Lot 59,County Thx Map Parcel 9:20 p.m. Appeal No. 3466- construct new dwelling requiring No. 1000-115-16-15. GREGORY SIMONELLI fora . Variances to the Zoning Or- 8:10 p.m. Appeal No. 3450- Variance to ft Zoning 'Or- dinance:(1)Article III,Section ROSALYE GOWEN for 'dinance, Article III, Section `" 100-31, Bulk Schedule,-for ex- Variances.,.to, the.Zoning Or- ''•100-31, Bulk Schedule, for ap- ressive lot coverage,and(2)Ar- dinance, Article II1 Section proval of proposed lots having Licle XI, Section 100-119.2 for ' 100-31,.Bulk Schedule for ap- insufficient area and width in seduction in the required set- proval of (1) insufficient'lot ,this pending division of land, d of back from bulkhead and tidal area, (2)insufficient lot a width, located at the East and South y Mat- waters to less than 75 feet.Lana- (3)insufficient lot;depth,of two sides .of Grand Avenue,:ion of Property: 1080 Maple parcels as proposed in this pen- tituck, NY, County Tax Map Lane (a/k/a) 55 Snug Harbor ding set-off division of land parcel No. 1000-107-02-04. Road), Greenport, Cleaves located at the,corners of Zena 9:25 p.m. Appeal No. 3475- Point,Section 3;Map No.4650, Road, Capt. Kidd Drive and JOSEPH H.SAWICKI,JR. for Lot 59;County Tax Map" Central Drive, Mattituck, NY; a Variance for approval of ac- No. 1000-35-05-28.. r Capt.Kidd's Estates Filed Map cess pursuant to New York Town 7:40 p.m. Appeal No. 3452- No: 1672, Lots 134, 153, 154; Law, .Section 280-a, over a PAUL FORESTIERI for County Tax Map Parcel No. private right-of-way located off Variances to the Zoning Or- 1000-106-02-32 and 43. ' the South Side of Old North finance, Article 111, Section 8:20 p.m. Appeal No. 3474- Road, Southold, NY; premises 100-31, Bulk Schedule, for per- DAVID M. JOHNSON for a- presently of Schaefer and iden- nission to locate new dwelling Variance to. the Zoning Or- tified on the Suffolk County Thx pith insufficient front' and dinance, Article III; Section Maps as District, 1000, Section :earyard setbacks. Location of 100-31, Bulk Schedule, for per- - 55, Block 2, Lot 4. Property: East End of Sound mission to construct addition 9:30 Appeal No.' 3453- View Avenue (South End of with an insufficient sideyard set- SAMUEL K.C. and ELIZA asbender Avenue), Peconic; back and in excess of maximum- PLIMPTON KOPPER for a 3ailey Park Subdivision,Lots t, permitted 20 percent' lot Variance to the'Zoning Or- 2, 3, 4, 5,• County Tex Map coverage.Location of Property: dinance, Article III, Section Parcel No. 1000-67-06-004. 385 Corey Creek - Road, 100-31, Bulk Schedule, for ap 7:45 p.m. Appeal No. 3470- • : Southold,NY;County 7kx Map proval of proposed three lots ATHANAS ; AND RUTH Parcel No. 1000-87-5-13. having insufficient area and ZAMPHIROFF for a Variance 8:35 p.m. Appeal No: 3463- - width located along the west to the Zoning Ordinance, Arti= EDMUND PRESSLER -for a side- of Indian Neck Road, cle II1, Section 100-31, Bulk Variance to the Zoning Or- Peconic, NY, County Tax'Map Schedule for permission to'con-, dinance, Article VII; Section Parcel No. 1000-86-4-L2, con- struct addition of 190t sq.ft.in 100-71,Bulk Schedule,and Ar- §isting of a total acreage of 5.00. area which will exceed the. ticle VI I, . Section • The Board ,of Appeals will ' maximum-permitted the lot 100-70(A)[1](d),'for permission hear at said time and place all - coverage requirement of 20 per- to utilize premises of 68,912 sq. persons desiring to be heard in' cent.. Location of Property:. ft. in area as a continuing non- each of the above matters.Writ- 17195 Main Street, (a/k/a 720 conforming two-family dwelling ten comments may also be sub- Second Street), New Suffolk; ' and add two retail sales/office• mittdd prior to the conclusion of NY;County Tax Map Parcel No.' uses in this '`B-l"General Bu- the hearing in question. For 1000-11,7 OS�13� s'31g��S�£n1riP, Sfd2f�C�?t£C�'�#lEla.. more information, please call 7:50 pmC Appeal No. 3447- of Property:North Side of Main 765-1809 (alt. 1802). PUDGE CORP. for a Special Road, Southold, NY; County Dated: March 4, 1986. Exception to the Zoning Or-' Tax Map Parcel, No. BY ORDER OF THE dinance, Article VIII„Section 1000-63-3-26. SOUTHOLD TOWN 100-80(4),for permission to 8:45'p.m. Appeal.No. 3453- BOARD OF APPEALS establish. one;or� more',.of,.the KATHLEEM,VARANO forma, `.,GERARD R'GOEHRINGER, following ,uses,'within•;the :. 'Variance. to:ahe.,Zoning?Or* r,.,•',^;. CHAIRMAN buildings proposed to be con- dinance, Article,XII, Section-. 1T-3/6/86(10) structed as shown by site.plan 100-121(D)[I]fora clarification revised 7-9-85: professional of- and/or'correction of the inter, fices;electrical contractor shop; . pretation of the Building Inspec- plumbing shop;furniture repair for of Condition in Appeal,No. shop; carpenter shop, cabinet, 3330 rendered by the Board of shop;'printing establishment; Appeals May 2,' 1985 which food processing; packaging of` allows no sleeping. or living•: machine parts to .be shipped;• quarters in the;;'="6600 accessory. such uses as allowed -in,,this garage/aparructure.' , C-1 Heavy Industrial Zoning ` Location of (or...: District.'Location'of Property: 6750) .Indian,Neck-,'•,Road ;, East Side of.Horton's-Lane, . Peconic, NY, County Tii:t Map' . Southold,NY;County,Tax Map' Parcel No. 1000-086-07;Me,' Parcel No. 1000-63-01-10. 8:55 p..m. Appeal No. 342E " 7:55 p.m. Appeal No. 3459-• Recessing, Hearing - ESTATE 125-127 MAIN 'ST. CORP. : OF JOSEPH ZIELONKA to be (MILLS & CO.) for a Special , reconvened.- Exception to the Zoning Or-•' 9:05 p.m. Appeal No. 3451. dinance, Article VIII, Section B E D E L L 100- 80 (B) for permission to k utilize premises and construct addition for the.manufacture of sails, canvas products and related items, and office and storage area incidental thereto; in this "C-Light' Industrial' Zoning District. Location .of, Pr�o�pert9: 74100 Main' Road, Greenpori,•tNY;,'.County,' T6. Map Park"e1 N6 100"OA5-U6-006 , Appeal No, 3Q V E L I M+IR; ANI) H E+Df�► VRA KN OVIC for n Variance to tfie Zoning Ordinance, Article III, Section 100-31, Burk Schedule for Approval of the r F SUFFOLK NEW YORK ss: .Wood, being duly sworn, says that she is the THE LONG ISLAND TRAVELER-WATCHMAN, / ewspaper printed at Southold, in Suffolk County; he notice of which the annexed is a printed copy, published in said Long Island Traveler-Watchman week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks GZ?/ fly, commencing on the . . . . . . . . . . . . . . . . . . . . . . ., 19 . . . . . . . . . . . . . - . . . to before me this . . . . . . . . . . . . . . . . . . . . . day of )-,-)ef-,C 19 -G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public BARBARA FORBES Notary Public, State of New York No. 48068d6 Qualified in Suffolk County Commission Expires Z2" :3 19 d't� ' •y ' 3RwFa and_—��: -Y., � � Southold Town Board ofAppeals ............ MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ®1 `� 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 f d 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 ; MARCH 1'3 ,l986, and as follows : 7 : 30 p .m. Appeal No . 3432 - Recessed Hearing in the Matter of JOHN AND JOYCE HOLZAPFEL . 7 : 35 p .m . Appeal No . 3457 = RALPH 'AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Ordinance : (1 ) Article III , Section 100-31 , Bulk Schedule , for excessive lot coverage , and (2 ) Article XI , Section 100-119. 2 for reduction in the required setback from -bulkhead and tidal waters to less than 75 feet . Location of Property : 1080 Maple Lane (a/k/a 55 Snug Harbor Road ) , Greenport ; Cleaves Point, Section 3 , Map #4650 , Lot 59 ; County Tax Map Parcel No . 1000-35-05-28 . 7 :40 p .m. Appeal No . 3452 = PAUL FORESTIERI for Variances to -. the Zoning Ordinance, Article:. I-II , . Section ' 100= 31 , . Bulk. Schedule . for -permission to locate new dwelling -with insufficient front and rear yard setbacks . Location of Property : East End of Sound View Avenue (South End of Fasbender Avenue ) , Peconic ; Bailey Park Subdivi - sion , Lots 1 , 2 , 3 , 4-, 5 ; County Tax Map Parcel No . 1000-67-06-004 . 7 :45. p .m . Appeal No . 3470 = 'ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for permission to construct addition of 190± sq . ft . in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of Property : 17195 Main Street (a/k/a 720 Second Street ) , New Suffolk , NY ; County Tax Map Parcel No . 1000-117-08-13 . 7 : 50 p .m. Appeal No . 3447 - PUDGE CORP , for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B ) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85 : professional offices ; electrical contractor shop ; plumbing shop ; furniture repair shop ; carpenter shop , cabinet shop ; printing estab- lishment ; food processing.; packaging of machine parts to be shipped ; such uses as-. allowed in . this C-1 Heavy Industrial Zoning District . Location of Property : East Side of Horton ' s Lane , Southold , NY ; County Tax Map Parcel No . 1000-63-01 -10 . i 5 Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13 , 1986 7 : 55 p .m . Appeal . No . 3459 - 125-127 MAIN ST . CORP . (MILLS & CO . ) for a Special Exception to the Zoning Ordinance , Article VIII ,. Section 100-80 (B ) for permission to utilize premises and construct addition for the manufacture of sails , canvas products and related items , and office and storage area incidental thereto , in this "C-Light" Industrial Zoning District . Location of Property : 74100 Main Road , Greenport , NY ; . County Tax Map Parcel No . 1000-45-06-006 . 8 : 00 p .m . Appeal No . 3465 - VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of the construction of second-story deck addition with an insufficient frontyard setback . Location of Property : 1625 Sandu Beach Road (a/k/a 55 Bay Road ) , Greenport , NY ; County Tax Map Parcel No . 1000-43-04-45 . 8 : 05 p .m . Appeal No . 3460 - MICHAEL J . PERLMUTTER , M. D . for a Variance to the Zoning Ordinance , Article III , Section 100-30 ( C) [1 ] (a ) for permission to utilize premises and addition for accessory home occupation use (physician ' s office ) in . excess of maximum-permitted 30% first floor area . Location of Property : 2035 Theresa Drive , Mattituck ; Deep Home Creek Estates Filed Map 4256 , Lot 59; County Tax Map Parcel No . 1000-115-16-15 . 8 : 10 p .m . Appeal No . 3450 - ROSALIE GOWEN for Vari.ancos to the. Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of : (1 ) insufficient lot area , ( 2 ) insufficient lot width , (3 ) insufficient lot depth , of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road , Cpt . Kidd Drive and Central Drive , Mattituck , NY ; Cpt . Kidd ' s Estates Filed Map #1672 , Lots 134 , 153 , 154; County Tax Map Parcel No . 1000-106-02-32 and 43 . 8 : 20 p . m. Appeal No . 3474 - DAVID M. JOHNSON for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to construct addition with an insufficient sideyard setback and in excess of maximum-permitted 20% lot coverage . Location of Property : 385 Corey Creek Road , Southold , NY ; County Tax Map Parcel No . 1000-87-5- 13. 8 : 35 p .m. . Appeal No . 3463 - EDMUND PRESSLER for a Variance to the Zoning Ordinance , Article VII , Section 100- 71 , Bulk Schedule , and y Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13 , 1986 Article VII , Section 100-70 (A ) [1 ] (d ) , for permission to utilize premises of 68 , 912 sq . ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office uses in this "B- l " General Business Zoning District . Location of Property : North Side of Main Road , Southold, NY ; County Tax Map Parcel No . 1000-63-3-26 . 8 : 45 p .m . Appeal No . 3455 = 'KATHLEEN VARANO for a Variance to the Zoning Ordinance , Article XII , Section 100-121 ( D) [1 ] for a .clarification and/or correction of the interpretation of the Building Inspector of Condition in Appeal No . 3330 rendered by the Board of Appeals May 2 , 1985 which allows no sleeping or 1-iving quarters in the accessory garage/apartment structure . Location of Property : 6600 (or.67._50) Ind:i.an. Neck. Road, Peconic, NY; County Tax Map Parcel No . 1000-086-07-004 . 8 : 55 p .m. Appeal No . 3421 - Recessed Hearing - ESTATE OF JOSEPH ZIELONKA . to be reconvened. 9 : 05 p .m. Appeal No . 3451 - 'BEDELL WINERY/VINEYARDS for a Special Exception to the Zoning Ordinance , Article III , Section 100-30 (B ) [14] for permission to establish winery use from grapes grown on the premises., located at 36225 Main Road , Cutchogue , NY ; County Tax Map Parcel No . 1000-85-02-10 .. 9 : 10 p .m. Appeal No . 3456 = 'RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of proposed lots having insufficient area , width and/or depth in this pending division of land , located at the East Side of Queens Street , Greenport , NY ; -County Tax Map Parcel No . 1000-40-3-6 . 9 : 20 p .m . Appeal No. 3466 = GREGORY SIMONELLI for a Variance to the Zoning Ordinance , Article- III , Section 100-31 , Bulk Schedule , for approval - of proposed lots having insufficient area and width in this pending division of land , located at the East and-.South Sides of Grand Avenue , Mattituck , NY ; County Tax Map Parcel No . 1000-107-02-04 . 9 : 25 p .m. Appeal No . 3475 - 'JOSEPH 'H . SAWICKI , JR. for a Variance for approval of access pursuant to - New - York Town Law , Section 280-a , over a private right-of- way located off the South - Side of Old North Road , Southold , NY ;. premises presently of Schaefer and identified on the Suffolk County Tax Maps as District 1000 , Section 55 , Block 2 , Lot 4 . 9 : 30 p .m . Appeal No . 3453 = SAMUEL K.C . and ELIZA PLIMPTON KOPPER for a Variance to the Zoning Ord-inance,- Article III , Section 100-31 , Bulk Schedule , for approval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road , Peconic , Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13 , 1986 NY ; County Tax Map Parcel No . 1000-86-4-1 . 2 , consisting of a total acreage of 5 .00 . The Board of Appeals will hear at said time and place all persons or representatives 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 : March 4 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN lk ----------------------------------------------------------------------.x INSTRUCTIONS TO NEWSPAPERS: Please publish once , to wit : March 6 , 1986 and forward affidavits of publication to : Board of Appeals , Main Road , Southold , NY 11. 971. , on or before March 11 , 1986 . -------------------=---------------------------------------------------x Copies to the following 3/4/86 : Mr . and Mrs . John Holzapfel , 825 South Harbor Road , Southold , NY 11971 Mr . Garrett A. Strang , Architect for Mr . and Mrs . Ralph Stocker , P .O . Box 1412 , Southold , NY 11971 Mr . Paul Forestieri , 300 East 54th Street , New York , NY 10022 Mr . and Mrs . Athanas Zamphiroff , P . O . Box 255 , New Suffolk , NY 11956 Mr . James Gray , Sr . , Pudge Corp . , P . O . Box 1465 , Southold , NY 11971 Mills & Co . , 125-127 Main St . Corp . , 125 Main Street , Greenport , NY 11944 William D. Moore , Esq . (c/o R. F . Lark , Esq . ) , P . O . Box 973 , Cutchogue , NY 11 for Mr . and Mrs . Velimir Vrankovic Michael J . Perlmutter , M. D . , 2035 Theresa Drive , Mattituck , NY 11952 Abigail .A. Wickham , Esq . for Mrs . Rosalie Gowen , Box 1424 , Mattituck 11952 Mr . and Mrs . David M. Johnson , Koke Drive , Southold , NY 11971 Gary Flanner Olsen , Esq . , for Mr . Edmund Pressler , Box 706 , Cutchogue 11935 Richard F. Lark , Esq . for Mrs . Kathleen B . Varano , Box 973 , Cutchogue 11935 William W. Esseks , Esq . for Mrs . Odell and Katzenberg , Box 279 , Riverhead Mr . John Wickham , for the Estate of J . Zielonka , Main Road , Cutchogue 11935 Mr . Merlon Wiggin , President , Peconic, Assoc . for Bedell Winery P . O . Box 672 , Greenport , NY 11944 Richard F . Lark , Esq . for RICHARD AND ANITA WILTON Gary Flanner Olsen , Esq . for GREGORY SIMONELLI Mr . Joseph H. Sawicki , North Road , Southold , NY 11971 Mr . John De Reeder as agent for MR . AND MRS . SAMUEL KOPPER Mr . and Mrs . Samuel K . C . Kopper , 310 PlymouthSt , Pembro e , MA 02359 Town Clerk and Z . B .A. Bulletin Boards Supervisor , Town Board , Z . B .A. , P . B . , and Building Dept . Individual Z . B .A. files FOLit o y z � Ln 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 S.E.Q.R.A. Mar c h 13 , .1 98 6 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3450 PROJECT NAME: ROSALIE GOWEN 4.4 This notice is issued pursuant to Part 6.17 of the implementing regulations pertaining to Article 8 of the N.Y.S. Lnvironmental 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 simi.li-ir project. TYPE OF ACTION: . [X ] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for : (1 ) insufficient .lot area , (2 ) insufficient lot width , (3 ) insufficient lot depth of parcels as proposed in this pending set-off subdivision . LOCATION OF PROJECT: Town of Southold, 'County of Suffolk, more particularly known as: Corners of Zena Road , Cp.t . Kidd Drive , and Central Drive , Ma.ttituck ; , Cp.t . Kidd Estates Map #1672-Lots 134 , .153 , 154 ; Co . Tax Map No . 1000-106-02-32 and 43 . REASONS) SUPPORTING THIS DETERMINATION: (.1) An Environmental Assessment in the short form has been submitted which .indicates. that . no significant adverse effects to Lh e environment are Likely to occur :should this project be imple- mented as planned; (2) Relief requested is an area variance not directly related to new construction. (3 ) The property in question is located more than 300 feet from - tidal wetlands . FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold., NY 11971; tel. 516- ?65�1809 or 1802. Copies of this notice sent to the applicant or his_ agent and posted on the 'Town' Clerk Bulletin Board. LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8353 FRANKLYN A.FARRIS Daniel C. Ross January 6, 1986 Southold Town Zoning- Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: Application of Rosalie Gowen for Variance Gentlemen: Enclosed are the following in connection with the above application: 1 . Application, in triplicate; 2. Notice of Disapproval from the Building Inspector ; 3. Short Environmental Assessment Form; 4 . Wetlands Letter; 5. Original Notice to Adjoining. Owners with Affidavit of Service thereon; 6. Five prints of the survey (As our client' s funds are limited, we have enclosed Xerox copies of the survey rather than incurring further expense in having more prints . drawn up . If this is not acceptable, please advise, and we will obtain and forward additional prints . ) 7. Check to the order of the Town Clerk in the sum of $75. 00 , representing the application fee. We have simultaneously tiled an application for Set-off with the Planning Board in connection with this matter. If any additional information is required, please contact us as soon as possible. Very truly yours , ,ail A. Wickham /emu encls . TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO:3q$V DATE" October 3D , 1 9_S5_ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (MX ...ROSALIE GOWEN of ...600 .Zena Road......................................... ................................ ............ Name of Appellant Street and Number Mattituck, New York ............................................................................ ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .....8�23/85 .............................................. WHEREBY THE BUILDING INSPECTOR DENIED TO Ward A. Freese ................................................................................. Name of Applicant for permit of 39 Straiton Square , East Hampton, New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PEiR 14IT TO DIVIDE 1. LOCATION OF THE PROPERTY600 Zena Road, Mattituck - "A Residential & cultural Street' Use District on Zonirl�i)lap 1672 134 , 154 & 153 ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article. Ill, Section 100-31 Bulk & Parking Schedule 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 XX(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 (X) A Variance to the Zoning Ordinance is requested for the reason that applicant wishes to divide the property into two lots containing insufficient width and area as shown on the attached sketch. Form ZB1 J fl N 0 7 1986 (Continue on other side) Tnu+rp 0"AW en1,•71!10, 4, REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the parcel is considerably larger than the surrounding lots in the area, most of which contain dwellings and are single and separate. The existing residence is located on the northerly portion of the property, leaving the 'southerly portion unused. 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 this is one ,of the few par- cels containing a. vacant. lot which is not separated from the ad- joining residence parcel. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the size of the lots proposed would be in keeping with the area. STATE OF NEW YORK ) �✓ ss ........... .. ............................................. COUNTY OF SUFFOLK ) Signature ROSALIIJ GOWEN Sworn to this ............30th......................... day of....... Q.Ct.Q:bex.............................. 1985 k 43 fl ,t p 6 r• �/� ✓° .- .Tw��'�9F.r`�. F.�fi4la�'RrP',t'ti� .... ..` !':..... t'-1................. .. � yur 1 Sili?t"f �e`i'!.Co e1'e`' l'ok t1L �Sv& Notary Publicad =<dd" s,R' y � ��r,7c�1::�in`8 a ti�a�Jt�A�Le f�v4rN�V�Sf�4� BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ROSALIE GOWEN NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO. Mr. . & Mrs . Emanuel Franga,s PROPERTY OWNER 88-24 239th St. Bellrose, NY 11426 Ms . Arline B. Riese Mattituck, NY 11952 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) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 600 Zena Road, Matti t1ick, NPw York rorna-r of a" Central Drive, Zena Road and- Captain Kidd Drive, Mattituck. 3. That the property which is the subject of such Petition is located in the following zoning.district: "A" Residential & Agricultural.' 4. That by such Petition, the undersigned will request the following relief: Permission to divide .the property into two lots containing insufficient width and area. 5. That the provisions of the Southold:Town Zoning Code applicable to the relief sought by the:under- signed are Article III Section 100-31 Bulk & Parking Schedule [ ] Section 280-A, New York Town Law for approval of access over ri.ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief speci.fied'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�5-1809. 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 Feast five days prior to the--late 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: . October' 30 , 1985 Petitioner Rosalie Gowen Owners ' Names : _ Post Office Address 600 '.Zena' Road Mattituck,. NY : 11952 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. & Mrs . Emanuel Frangas 88-24 239th Street : Bellrose, NY 11426 Ms . Arline B. Riese . Mattituck New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: ELLEN' M. URBANSKI , . residing at - (no .��) . Oak Street , Mattituck, NY , 11952.,. _being duly sworn, deposes and says that on the 6th day of January , 1986 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (c1kNX0ftveA) mail. (See attached receipts . ) ELLEN M. URBANSKI Sworn to before me this 6th day of January, , 19 86 Notary Pub c Notary Public,,AStateNof New York Commission Expires March 30 19 (This side does not have' to be completed on form transmitted to adjoining property .owners.. )