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HomeMy WebLinkAbout3415I2501~e¢ond S~., Pew Suffolk ~ 5/IZi/SI d~L~6n~r~c% add. to dwelling w/insuff. rear.rd~ setback; 9~5~85 ~3~Ol s~ ~~- Southold Town MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 34]5 Application Dated October 7, ]985 (Public Hearing TO: Earl T. Miles, Esq. as Attorney for MR. AND MRS. PETER PURIC 120 Court Street Riverhead, NY 11901, 10/24/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 26, ]985, 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 ]00-3], 8u]k Schedule [ ] Request for Application for PETER AND HELEN PURIC Appeal No. 3415 Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements (and with the insufficient total sideyards and reduction of the northerly sideyard as applied under Appeal No. 3401), premises known as 1250 Second Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 7, Lot 23. WHEREAS, a public hearing was held on October 24, 1985 in the Matter of the Application of PETER AND HELEN PURIC under Appeal No. 3415; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located on the east side of Second Street, New Suffolk, New York, contains an area of approxi- mately 4,075 square feet and frontage (lot width) of 40.10 feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 07, Lot 023. 2. By this application, appellants request a Variance to Article III, Section 100-31, Bulk Schedule for permission to construct an addition which will exceed the maximum 20% lot-coverage requirements by three percent (3%). By decision rendered simultaneously herewith under Appeal No. 3401, relief was granted for this proposed addition for an insufficient northerly side yard at 13 feet and insufficient total sideyards at 17 feet. 3. Existing upon the premises is a single-family dwelling which is presently set back four feet from the southerly sideyard area, 21 feet from the northerly sideyard area, and 15 feet from the front (CONTINUED ON PAGE TWO) DATED: December 3, 1985. FO~Ta ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3415 Matter of PETER AND HELEN PURIC Decision Rendered November 26, 1985 (westerly) property line. For the record, it is noted that a condi- tional variance was granted May 27, 1981 under Appeal No. 2821 for an addition leaving an insufficient rearyard setback at 29 feet. 4. It is also noted for the record that conditions set forth in the decision rendered May 27, 1981 under Appeal No. 2821 limited construction also to a maximum of 20% of lot coverage. 5. It is the opinion of the board that the relief requested for a total lot coverage of 23 percent is not substantial, being 15% of a variance from the requirements. In considering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3415 in the Matter of PETER AND HELEN PURIC for permission to construct addition with excessive lot coverage to a maximum of 23% as applied, SUBJECT TO THE FOLLOWING CONDITIONS: ~ . No further sideyard or rearyard reductions; 2. Northerly sideyard area of 13 feet shall remain open and unobstructed at all times for fire and emergency vehicles; 3. This approval does not include any variance which may be required as to frontyard setback as applied; 4. The relief granted hereunder is limited to three percent over the maximum requirement of the Bulk Schedule of 20 percent, for a total lot coverage of 23%. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, lass and Sawicki. (Member Doyen of Fishers Island was absent to weather conditions.) This resolution was adopted by vote of all the members present. lk Doug- due unanimous GERARD P. GOE~RINGER~/CHAIRMAN December 3, 1985 � FOur z 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 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 , OCTOBER 24 , 1985 , and as follows : 7 : 35 p .m. CLIFFORD CORNELL - Appeal No . 3410 . Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to locate proposed single-family dwelling structure with an insufficient rearyard setback , premises ide-n-tified on the Suffolk County Tax Maps as District 1000 , Section 48 , Block 2 , Lot 9; located on- the North Side of Flint Street , Greenport , NY ; Greenport Driving Park Map No . 369 , Lot 84. 7 :40 p .m. JOHN J . HAAS - Appeal No . 3404. Variance to the Zoning Ordinance, Article III , Section 100-32 for permission to locate accessory garage structure in the frontyard area , premises identified on the Suffolk County Tax Maps as District 1000 , Section 141 , Block 2 , Lot 15 ; 3325 C . R . 48 , Mattituck , NY . 7 :45 p ..m. ANTONE GRIGONIS, JR. - Appeal No . 3413. Variance pursuant to New York Town Law, Section 280A, for approval of access over private right-of-way located off the South Side of Old North Road , Southold , NY , to premises in this proposed set-off division a distance of 655 feet , identified on the Suffolk County Tax . Maps as District 1000 , Section 55 , Block 2 , part of Lot 8 . 1 . 7 : 50 p .m. PETER AND HELEN PURIC - Appeal No . 3415 . Variance '-Page 2 - Legal Noti (-- of Hearings Southold Town Board of Appeals Regular Meeting of October 24 , 1985 to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to construct addition which exceeds the maximum- permitted 20% lot coverage requirements (and with insufficient total sideyards and reduction of the northerly sideyard as applied under Appeal No . 3401 ) , premises known as 1250 Second Street , New Suffolk , NY ; County Tax Map District 1000 , Section 117 , Block 7 , Lot 23 . 7 : 55 p .m. PETER AND HELEN PURIC - Appeal No . 3401 . ( recessed from October 3 , 1985 ) . 1250 Second Street , New Suffolk , NY . 8 :00 p . m. STAMATIOS AND ELENI RAPANAKIS - Appeal No . 3405 . Variance to the Zoning Ordinance , Article XI , Section 100-118 (D) for permission to reinstate nonconforming two-family dwelling use at 2030 Boisseau Avenue , Southold , NY ; County Tax Map District 1000 , Section 55 , Block 6 , Lot 40 . 8 :05 p .m . FRED SCHOENBAECHLER - Appeal No . 3414 . Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of .the construction of dwelling structure with an insufficient frontyard setback from the east property line , premises known as 950 Gagen ' s Landing Road (a/k/a 2325 Clearview Avenue ) , Southold , NY ; ' County Tax Map District 1000 , Section 70 , Block 10 , Lot 24. 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 hear- ing in question . For more information , please call 765-1809 (alt . 1802 ) . Dated : October 3 , 1985 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN --------------------------------------------------------------------x FORM NO.3 TOWN Or SOUTHOLI) BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE Or DISAPPROVAL Datc . . . . .'. . . . .(� . . . . . . 19 . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . . . . . . . . . 19 %.r . . for permit to C,�l,�S l/s-/4�. ./�1 !. (�~ . . . . . . . . . . . . . . . . . . . . . y. . . . . . ....at Location of Property �. . . . . ... ... . . .�. . . . . . . J�,e/I=W House No. Street Nam let County Tax Map No..1000 Section . . . .l/.r. . . . . Block . . . . c) . . . . . . L.o t Subdivision . . . . . . . . . . . . . . . . . riled Mal) No. . . . . . . . . . . . Lot No. . . ... . . . . . . . . is returned herewith and disapproved on the following grounds !�4 r?cJ(;C:.5. . . .G r/,.7.'6�. . . .1l ✓ . . . . .! .T. . . . . . . . . /��.yZ�"CrI.Gs-. .C.1!(.`.�.� ��:'�� . . .��.'.>!''�.��. . .�. . . ��.r!�r�✓,1 c: , 0;��::��C%l,'2�.%�. �. . ... . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �-- Building Inspector I:V 1/80 4 IU, I. XJ I'6UGj, T_ I TOWN OF SOUTHOLD, NEW YORK AMENDED APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..As.. ,August,28,1985 TO TH E ZON I NG BOARD OF APPEALS, TOWN O F SOUTHOLD, N. Y. Morizzo contractor agent 1 (We) Peter and Helen Puric, by Ron of ... ... ... ......1250..Second.Street Name of Appellant Street and Number New Suffolk 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 1985„as... mended Oct. 4, 1985 WHEREBY THE BUILDING INSPECTOR DENIED TO Ron Morizzo Builder, Inc. for Peter and Helen Puric ................................................................................. Name of Applicant for permit of 645 Jernick Lane, Southold, New York ................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) Permit to construct addition 1. LOCATION OF THE PROPERTY .....1 .o Second St. ,. . . ,..,M-1 General ............. ........................... Street Use District on Zoning Map .......:..............................:.Current Owner Peter and Helen Puric Iv1ap No. Lot No. 0700-117-7-23 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning rdinance by number. Do not quote the Ordinance.) Article III, Section 100 1A 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. , except as to amendment to reflect Oct.. 3, 1985 Building Inspector's determination Such appeal was ( ) request for a special permit that 20% coverage limitation in 1981 ZBA ( X ) request for a variance decision would be exceeded. and was made in Appeal No. .....821 2821.....................Dated ...May...��i...1981.......................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that two bedroom addition required for growing family and the 20% coverage limitation set forth in the 1981 decision of the Zoning Board of Appeals must be exceeded by approximately 3% to a total of 23% in order to construct the addition with the requisite floor space. Form zB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because addition is required to make premises habitable for growing family needs. 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 ' the coverage limitation imposed by the previous decision requires a 3% increase to accomodate the addition. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed addition is in harmony with the existing charactor of the immediate neighborhood. STATE OF NEW YORK ) ss ... . ....! !� COUNTY OF SUFFOLK ) Ron Morizzo, contA reagent for Helen and Peter Puric Sworn to this .................. ... . �............. day of................Octabex.......................... 1985 yNot Public EARL T MILES MOTARY PUBLic,State of NeWVff t4 Mo.52.2694665 uaii in Sdolk es MaTch 30,tW rm�ss �;, on uV � T OF ' UTHOL PROPERTY RECORDCAR OWNER STREET VILLAGE DISTRICT SUB. LOT 7� Aid FORMER OWNER N E ACREAGE ��. CA PAL D6 p. 4 S, �iC O h-/d W11—re d s; �, TYPE OF BUILDING RES.210 SEAS. VL. FARM COMM. ( IND. ' CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE i REMARKS / 1 Aj® ��f�d 6 6 Q i e11173 S o L D 3 a v, -t M o w .t-- P/ d � f %v A T Z f"I Oa , L L✓f /% 1 j AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 1 Q 1� .!,r Woodland Swampland Brus--,-er'd— . House Plot Total t UAa�Jt:?Y t� V CA 1 unauthorized alteration or addition �L to this survey is a violation of o ^7' Section 7209 of the New York State r Education Lew. Coo"of this survey map not bearing the land surveyor's Inked seal or I b I 1 ti) @mhossed seat shall not be considered -� t�j ---uVil I ::f DPZY Ff ..".- ! G� •: i�': { t:) to be a valid true copy. I S•tl i -, :,. Guarantees Indicated hereon shall run I ( u 9nly W the person for vahom the survey h — .—- ... ___ M- - -.._.-.x ---— • i Prepared,and on his behalf to the _.--- _�— _ t le cpmpany governmental agency a ,��'� �,- ` 1' r-nding institution listed hereon and 4 rat �� 1•�. to the`,assignees of the lending ineti- rution.iGur+renteas are not trans'erable addkianni institutions or subsequent P .. OF P F-' : �k_"I r` . I '..i.�.hf•I_i 1 l._L�- 7 +t_.J. Yt I 1 ++ ..�J:._•t7 '+ ^(_ i f ...._.r ,/ ,�• .�� .t.�;_T•:' � +.I1..r^ ICJ i -���� COUNTY OF SUFFOLK Department of Planning 360-5206 LEE E.KOPPELMAN DIRECTOR OF PLANNING Town of Southold December 26, 1985 Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applicatica(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determina— tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Numbers) Peter & Helen Puric 3401)" Mr. & Mrs. Frank Ammirati 3407 Mr, & Mrs. Fred Schoenbaechler 3414 Mr, & Mrs . Peter Purict 3415 Benjamin Kowalchuk 3417 Robert Hungerford 3427 Very truly yours, Lee E. Koppelman Director of Planning; b3t • Ger G. Newman Chief Planner VETERANS MEMORIAL NX3MWAY HAUPPAUGE.LI..NEW YORK 1 1 7e• CA 4 ; ; Southold I own 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 December 5 , 1 985 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 : X X X_ Variance from the Zoning Code, Article III , Section 100-.31 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No. : 3415 Applicant: Mr . and Mrs . Peter Puric Location of Affected Land: 1250 .Second Street County Tax Map Item No. : 1000- 117-7-23 Within 500 feet of : Town or 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 t0 cnr7.�tr�Lrt a�idtiQn which exceeds the maximum-permitted 20% lot coverage requirements (and with the insutticlent tital reductionof t enortherly sideyard as' applied under Appeal No . 3-40-1 Copies of Town file and related documents enclosed herewith for your review. Dated: 5ecretarv ,, Board of Anneals- - Southold Town Board of Anneals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 i APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 3 , 1985 Earl T. Miles , Esq . 120 Court Street Riverhead , NY 11901 Re : Appeal No . 3415 - Peter and 'Heleh Puric (Variance ) Dear Sir or Madam: d Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In,_the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other--documents as may be applicable. If you have any questions , please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802) . Yours very truly; GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Kowalski _ Copy of Decision to Secretary Building Department Suffolk County' Planning Commission Ron Morizzo Builder , Inc . �oS�FFo��oG - o y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD _ MEMBERS October 24 , 1985 GERARD P. GOEHRINGER, CHAIRMAN ,S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL, DECLARATION JOBE H H. SA ICKI Notice of Determination of Nan-Significance JOSEPH H. SAWICKI - APPEAL NO. 3415 PROJECT NAME: ' PETER 'AND HEL'EN 'PURIC 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 [ X] Unlisted [ ] DESCRIPTION OF ACTION: Proposed addition to dwelling exceeding total lot coverage requir'eme.nt's _ LOCATION OF PROJECT: Town of Southold., County of Suffolk, more particularly known as: 1250 .Second Street , New' Suffolk , NY. 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) The property in question is not located within 300 feet of tidal wetlands . FOR FURTHER INFORMATION, PLEASE CONTACT : Linda Kowalski, Secretary, Southold Town Board of Appeals,. Town Hall, Southold, NY 119.71; 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. lk i I 14 i� l t j t Unauthorized alteration or addition .i to this survey Is o violation of y7` Section 7209 of the Now York State Education Lew. Copies of this survey map not bearing the lard surveyofs Inked east or I.L . gmbassed seat shall not be considered Lf r { ) to be a valid true copy r4uarentess indicated hereon shall run �� L_1 y ` e ry ( _ ,� ;u� ynly to the person for whom the su ey --- �,_ k_ . ._._..w..___.._-- .-..._�._ i prepared.and on his behalf to the tf µ _ _ 4�_____._ _.._-____ :..._ _ t le company,gmernmental agency and I N. � i y indinp institution listed hereon and 4 l. : .: to the`+,assiSnQas of the lending inati- I rutionlGutxanteas are not trans:erabte I .,.9ddkinnni institutions or subsequent Vic 1 C11r.I n �. �1�.�,:�:Y k.ice} �-�:�+�. • _ 1 ' I-t ,, -' z Town Hall, 53095 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 October 7, 1985 . To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zonigng Appeal No. 3415 application of Peter and Helen Puric by Ron Morizzo B1dr. ,' 'Inc. for a variance submitted by Earl T. Miles. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wet1Ands Land-Use; Notice of Disapproval from the Building Department; and survey. J A Oil Fh T Ttrry Southold Town Clerk v Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of October 24 , 1985 Copies to the following 10/9/85 : Mr . Clifford Cornell , Box 823 , Southold , NY 11971 Mr . Robert Grigonis (for Antone Grigonis , Jr . ) , Box 1232 , Southold , NY Mr . John J . Haas , 3325 C . R . 48 , Box 321 , Mattituck , NY 11952 Earl T. Miles , Esq . (Re : Puric ) , Box 961 , Riverhead , NY 11901 Mr . and Mrs . S. Rapanakis , 2030 Boisseau Avenue , Southold , NY 11971 Mr. John Bertani (for Mr . Schoenbaechler , 345 Colonial Road , Southold , NY Town Clerk Bulletin Board ZBA Bulletin Board (office ) Building Inspectors Individual ZBA Files ZBA Members EARL T. MILES ATTORNEY AT LAW 120 COURT STREET RIVERHEAD, NEW YORK 11901 (516]727-601 O October 7, 1985 Clerk of the Zoning Board Town of Southold Main Road Southold, New York 11971 Attn: Linda Re: Peter and Helen Puric Dear Linda: Enclosed find amended Notice of Appeal, with copy of amended Notice of Disapproval attached and amended Notice to Adjacent Owners in connection with the above matter, which I understand is scheduled for October 24, 1985. I understand you will publish the amended notice accordingly. Yours very truly, EARL T. MILES ETM:gsg Encls. rn TOWN OF SOUTHOLD, NEW YORK AMENDED APPEAL FROM DECISION OF BUILDING. INSPECTOR APPEAL NO. W-5 DATE ..As,.of,Au9ust.28,1985 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Peter and Helen Puric, by Ron Morizzo contractor agent 1250 Second Street 1, (We) ......................of Name of Appellont Street and Number New Suffolk 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 ..August„l,r, 1985„as„amended Oct. 4, 1985 WHEREBY THE BUILDING INSPECTOR DENIED TO Ron Morizzo Builder, Inc. for Peter and Helen Puric ................................................................................. Name of Applicant for permit of 645 Jernick Lane, Southold, New York .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE (, ) PERMIT FOR OCCUPANCY. ( X) Permit to construct addition 1. LOCATION OFTHE PROPERTY 1250 Second St:: .`.'.;::..: ............... M.1 .General , Street Use District on Zoning Map r . .............................................................................Current Owner Peter and Helen Puric = Map No. Lot No. 0700-117-7-23 - 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 III, Section 100 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ' 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. , except as to amendment to reflect Oct.. 3, 1985 Building Inspector's determination Such appeal was ( ) request for a special permit that 20% coverage. limitation in 1981 ZBA ( X ) request for a variance decision would be exceeded. 7. and was made in Appeal No. ...2821.....................Dated ....MaY...........1981.......................................... REASON FOR APPEAL ( ) A Variance to Section 280A-Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that two bedroom addition required for growing family and the 20% coverage limitation set forth in the 1981 decision of the Zoning Board of Appeals must be exceeded by approximately 3% to a total of 23% in order to construct the addition with the requisite floor. space. Form zBl (Continue on other side) REASON FOR APPEAL .Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary-HARDSHIP because addition is required to make premises habitable for growing family needs. �.. J. �. ., .... .. .. ... .. i'.. .. .. .1 - .-- 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 ` 'the coverage limitation imposed by the previous decision requires a 3% increase to accomodate the addition. 0,11 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because .;. the proposed addition is in harmony with the existing charactor of the immediate neighborhood. STATE OF NEW YORK ) ss ........ �?..... 4 ........................ SUFFOLK COUNTY OF ) Ron Morizzo, coQ feagent for Helen and Peter Puric Sworn to this ..................10... .......... day of................Octobex............................ 1985 ........................... .................................. ............. Notary Public EARL T MILES NOTARY PU 52.state o NMI VMfA Canuxiss�or+Enrses Mach30 19� BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of AMENDED PETER•.and HELEN PURIC NOTICE ° TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER To Include Increase in Coverage Limitation From 20% to 23% YOU ARE HEREBY GIVEN NOTICE: 1. Tha he intention of the undersigned to petition the Board of Appeals of the Town of Southold to reques (Variance (Special 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: E/s Second Street, 60 feet South of Orchard St. , New Suffolk, NY 1000 - 117 - 7 - 23 3. That the property which is the subject of such Petition is located in the following zoning district: A (old l.ot) 4. That by such Petition, the undersigned will request the following relief: Side yard variances to permit one 4 foot and one 13 foot side yard, a total of 17 feet; where A District requires one of 10, total 25, and increase in 20% coverage limitation imposed in prior ZBA decision No. 2821 dated May 27, 1981 by 3% to a total coverage of 23%. 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 [ ] 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) 7F;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 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: as of August 28, 1985 S/. Ron Morizzo Petitioner Ron Morizzo, contractor agent for Owners ' Names : Helen and Peter Puric Post Office Address c/o Earl T. Miles, Esq. 120 Court St. , Box 961, Riverhead, NY 11901 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Gilbert and Virginia Capaldo 8141 Quakertown Ave. ` Canoga -Park, California 91306 i George and Sharan Anne Orchard Street K_ Kinirsky New Suffolk, NY 11956 Stanley Victoria Second Street New Suffolk, NY 11956 P 529 752 978 p 529 752 980 p 29 7529 5 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL-$ CERTiF1ED,MA1L NO INSURANCE COVERAGE PROVIDED I NO INSURANCE COVERAGE PROVIDED RECEIPT FOR NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NO NOTUFORN NTERNAR ONAL MAILVIDS (See Reverse) (See Reverse) (See Reverse) sent to La Mr. Stanley Victoria Sent to and Viri inia C. pal Sharan Anne Ki a Street and N Street and No. $eGeorge and CM Second St. ! 8141 - uakertown Ave. c and No. t P.O.,State and ZIP Code w Street tree P.O.,State and ZIP Code �, prchard c� PosNew tage Suffolk NY 11956 .0 Canoga Park, California 913, CO P.O.,Slate suf ZIP 11956 NY 11956 g $ 6 Postage $ p NeN1 $ ui N a postage * Certified Fee Certified Fee N Special Delivery Fee Special Delivery Fee 4 Certified Fee Restricted Delivery Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing Restricted Delivery Fee to whom and Date Delivered Return Receipt Showing showing to whom and Date Delivered Receipt mReturn receipt showing to whom, a Return m and Date Delivered w Date,and Address of Delivery m Return receipt showing to whom, to whO wing t°whom, ry a► Date,and Address of Delivery � Returnaec Address of Delivery A TOTAL Postage and Fees $ pate, $ A TOTAL Postage and Fees $ a' a and Fees LL d Postmark or Date ILLA TOTAL postage m c Postmark or Date ti ate � 5 postmark or D E Oct. 5, 1985 E ® Oct. 5, 1985 "' 5, 1985 LL U. Oct. a rn O ._.,.� • STATE OF NEW Y O R K ) _ m._ a ---^— --_--�—"`" COUNTY OF SUFFOLK ) ss.: Gail S. Goss residing at . 8 Head of Cove Rd. , Hampton Bays,NY11946 being duly sworn, deposes and says that on the 5th day of October , 19 85 , 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 Riverhead, ; that said Notices were mailed to each of said persons by . (certified) ) mail. GF1 L S. GOSS Sworn to before me this 5th day of, October 119 85 Notary Public EARL T.WLES NOTARY PI BUC,State of Rew Matt: No.52.2694665 Qualified in Suffolk County Commission Expires March 80, 19.f (This side does not have to be completed on form transmitted to adjoining property owners . ) The N . Y . S . Enviro mental Quality Review quires sub- ti.. mission of this and an environmental i will be made by this boa► u before any action is taken . SHORT ENVIRON,%TNTAL ASSESSMENT FORM INSTRirCT'_ON . (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, roeeerch or other investigations will be undertaken, (b) If any question has been answered Yes the project may be significant and a ccmpleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is nct significant. - (d) Enviro".ental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? a • . . . • • . . • Yes X No 2. Will there be a major change to any unique .or unusual land form found on the site? • . • • • Yes X No 3• Will project alter or have a large effect on an existing body of water? • . • • . • • • . . Yes .� No L. Will project have a potentially large impacts on groundwater quality? . . • • . • Yes _y No 59 Will project significantly effect drainage flow on adjacent sites? • • • • • • Yes X NO 6. Will project affect any threatened or endangered plant or animal species? . . . • • . • • • . • Yes. X No 7• Will project- result in a major adverse effect on • air quality? . . •' • • • • • • • Yes x No 8• Will project have a major effect on visual char- acter of the com:,%unity or scenic views or vistas known to be important to the community? • • • Yes ..x No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes X No 10. Will project have a major effect on existing or future recreational opportunities? •. • • Yes �_ No 11. Will project result in major traffic problems or cause a major effect to existing transportation Yes x No systems? - • • • . • • • • • • • . 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- Yes x No ante as a result of the project operation. . 13. Will project. have any impact on public health or safety'.' . .. • • Yes X No 1L.. Will project Affect the existing community by directly causing a growth in permanent popula lion of more than 5 percent over a one-year period or have a major negative effect-.on t:e character of the community sr-neighborhood? . Yes _x No 15. Is there public controversy concerning the project? Yes X No i PREPARER'S SIGNATURE. TITLE: Attorney P.:PRESE`1TIt Pe 1G: rl T. Miles, Esq. August ter and Helen Puric DATE: g 1985 9/1/78 - September 5 1985 (Today' s Date) To: Southold Town Board of Appeals - Main Road Southold, NY 11971 Re: Appeal Application Of Peter Puric and Helen Puric Location of Property: 1250 Second St. , New Suf f of , NY 11956 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR,. Part 661, and Article. 25 of the New York State. Environmental Conservation Law, `please be advised that the''p „ subject property in the within appeal application: (please check one box) , [ ] May be located within 300 feet of tidal wetlands; however, constructed along the .water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be "located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately' feet in . . length. [ ) May be located within 300 feet of tidal wetlands,- however, constructed along the water-lying edge of this property is a bulkhead less than .100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete.-wall existing on the premises. - [ X ] Is not located within 300 feet of tidal wetlands • to the best .of my knowledge, * and premises is South of Orchard Street. [Starred items ' (*.) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ] i S c ely you s .. n (Signature please) 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. _.M _. .'.� ,•,yam . ,.- �- ..a - .. .. .. _ .. _. .. .c .. .. ._.. ... .. _ FORM N0. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. .Z7333 . . . . . Date . . .Ogtober 29 . . . . . . . . . . . . .. 19. 76 THIS CERTIFIES that the building located at . . .1250 •Second, . , • • . • • • . . Street Map No. . """. . . . . Block No. . .77-77 .Lot No. . . . ,New Suffolk, N.Y. requirements for one family dwelling & Housing Code conforms substantially to the Application-for-Buildingi"e nrWhere'Cc rLrfiitsd"iii"t §,z;ffidd built prior to 'Certificate of Occu ancy _ dated-. • . • . • • • • . .April. . . .1 19. 5 7: pursuant to which i xi's ni~i Z 7 3 3 dated . . . . . ., 19. .7.6, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . : Private. one-family dwellinq . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . Frances Maleski, Owner (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . , Pre-existing . UNDERWRITERS CERTIFICATE No. . . . Pre-existing HOUSE NUMBER . . . . 1250. • Street . . Second.Street• • • . • . • • • • • ; • • • • • • • , • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New, Suffolk,; NY . . 11956. ... . . . . . . . . . . Buil ing Inspector FORM.NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT ... Office of the Building Inspector. Town Hall Southold, N.Y. Certificate Of Occupancy No. .Z 1 1055. . . . . . . . . Date . . . .June . ?9. . . . . . . . . . . . . . . . . . . .. 19 $� THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . ... . . . . Location of Property 1.250 Second Street . New Suffolk House No. Sr�eetHamlet County Tax Map No. 1000 Section 1.1.7 . . . . . . .Block 0?. . . . . . . . . .Lot . . . 023, , , , , , . . . Subdivision . . X. . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. X. . . . . . .Lot No. .X. . . . . . . . . .... . conforms substantially to the Application for Building Permit heretofore filed in this office dated June 10. . . , , , , , 19 pursuant to which Building Permit No. . .11?1.4. Z. , . , dated . . . .June .29. . . . . . . . . . . . 19$a ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy'for which this certificate is issued is . . . . . . . . . am addition. to ,an exis.tin6. dwelling:.. . . . . . . . . . , The certificate is issued to . , Peter do .H e l e n F u r i c (owner,kasea•or tenant) . of the aforesaid building. Suffolk County Department of Health Approval . . n� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .l . i UNDERWRITERS CERTIFICATE NO. . . . . N. ,5 5 2 7 2 0. , . . . . . . . . . . . - . . C. Building Inspector Rev.1/81 a 3 -4 6 too. FOR PARCEL NO. jo. zo 7- VZA(C) 's SEE SEC.NO.110 -08-034 31V I.IA( 3.1 J T THI .qA(C) F1 (50) 10 1 mc) I'd a.r. A CC) .--.S 12 2 avI FOR PARCEL NO. v SEE SEC NO 116 4 I z 13 3 W cv- 14 A — 4.:AT(c) 16/ T 15 5 9 16 .8.1 —u .a T GE RD. 0 d. 5 1 CAW 23 34 ',19. 1.4 AW � II. MCI' 14.1 curCHOGUE 4.1 A(C) I — • - I HARBOR 20 B ,ac' iQaaa \ 21'°,� 10 C--•50': ..so e 28 21 • 1.4AW 27 Cr :. od ,A • A.) 1501 • House Creek A UE 47 -ba. 1-4 !cl, A; :or 2,2A 6. 30 0 A: 2 FISHER ..3 37 3S -59 40- 3 34 .33- O j.GA[C) Sl 29 v 3.aAtcl 00 3 9 13.2 13.11 SEC. NO 133 Z, SEE ? q RD. KV 0 is T. al d. 2 UAtcl-. 31 OA(4 OL 4 SuFf SACO �-,O.L s to 14 0 D15 o �7 MI. 3. a ..., 5 'S 3.7 A CC) 16.3 9 z j4A(C) 5 1 I.Wc 2% .. - — m • Ir­4 ST. 20' 30 t� ,ax -2z- 23• MAIN 0,,F,-o 15 t 24 CODorc SOU 16 SUFFOLK AVE. 13 27 NEW • ;!7 21-1 9 24- 21 C 2 5.1 —d 26 31 1.3A fiAt C) m 20 2.9A(C) & 14 t L.: a; 4 1 5.2 to: 0 .0d JA 22 JACKSO 13 At C, -t t 7 I � OUTSOIL, CC 20 5 cn 1.24(-) 9 10 1-4 2JA(C) I.BA(c) 2.OAC c I of 3. NOTICE OF NOTICE IS HEREBY GIVEN, pttrsuarit to ~don ~ ~ ~e To~ ~w ~ ~ ~e of T~ ~ ~M, ~e follo~ pub~e h~ ~11 ~ ~d ~61d, ~ at a ~ M~ ~ ~ at 7:~'p,m. on l'a~A~, ~R 7~ p.m. C~ CO~ ~- ~ No, ~10. V~- ~e m, ~ 1~t, Bu~ ~, for ~n m~ p~ ~l~ f~ily Co~ T~ ~ ~ ~ 1~, ~ ~, Bl~ 2, ~ 9; l~ on ~ No~ Side ~, G~ ~; ~n- ~ ~ P~ ~ No. 369, ~t~. Ap~ No. ~. ~n~ ~, ~le ~n 1~2 for ~i~ion l~a~ ~e ~ iden~fi~ on ~ S~o~ ~on 141, Bl~k ~, ~t 15; ~ C.R. ~, ~m~, ~, 7:~ p.m. ~ G~. V~ ~t ~ N~ Yo~ To~ ~w, ~ ~ ~r p~al of ~ ~er ~va~ ~ ~ ~ i~ on ~:~ p.m.. P~R ~N P~C - A~ No. don ~ ~ ~fion w~ i~y~ ~d ~u~on ~ ~e ~ ~o~ ~ 1~ ~nd ~, N~ 8~o~, ~; · ~, ~1~ 7, ~t ~. 1. (~ ~m ~r ~' ). 1~ ~nd St~t, No. ~. V~ ~ ~ ~i~,n~, ~cl~ ~, ~on l~ll~D) ~ ~ ~ f~y dweH~ ~ at 20~ ~. ~on ~, Bl~ 6, ~t 40. 8~ p.m. ~D ~HOEN- ~n~, ~e ~, ~ion l~ ~ ~on of ~ ~ ~ ~ent ~ ~ A~nue), ~u~.~ Lot ~.m~, ~ 70, Block at said time and piece all ~ ~ ~w m~ W~n ~ m~ ~y ~ sub~ ~no~ ~. ~ ~l~on of ~ ~n, pl~ ~11 7~-1~ (alt. 1~2). ~ Da~: ~ ~. 1~. BY O~ER OF ~ OF ~PEA~ GE~ p. ~E~GE~ I~17-~ CH~N STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ! Mary K. Deqnan of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 17 dayof ..... t.~.. 19 85' Pd~ipa~ Clark~ the Town i~t~m~d th~ C~de of the T~w~ c~ i~S°uflmld~ foll~g~ ~ h~ ~td ~ a ne~uhr ~ ~'ehc- DAY, ~ ~.:X~, ~d ~ to me ~~, Bulk S~uk, f~ to I~te ~ insu~dent ~ ~b~, ~m~ iden~ on ~e'Suf- ~ C~n~ Tn ~nps u ~ D; ~t~ on the. s t, 7:~ ~.m. ~O~ J. H~A$- p~mises i~ed on ~- fo~ Count. T~ ~ ~ ~*~ p~- set~ ~ ~ f~t, COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... /. ...... weeks successively, commencing on the ......... f.'.~...z~. ...... Sworn to before me this . . /~-z¢ day of , Notary Public BARBARA FORBES Nota~ Public, State of New York No. 480~g~6 · Qualified in Suffolk County Commission Expires Ma~h 30, 19~ ~ch exceed: ~he maximilm- rmitted 20% ~ uirements (anti' with the ffi,cient toml. sideyards 7:55 P.m. PETER AND ~LEN PUPJC-Appeal No. ~01. (recessed f~om October I~ 1985). 1250 S~cond Street, qew Suffolk, NY. A~00 p.m. STAMAT1OS £L£NI RAPANAKI$- Appeal No. 3405. Variance to the Zoning Ordinance, Article 1'1, Section 100-118(9) for per- mission to reinstate noncon- forming two-family dwelling use at 2030 Boissean Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. $:0S p.m. FRED SCHOEN- BAECHLER- Appeal No. 3414. Variance to the 7.oning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of the construction of dwelling structure with an in- safficiont frontyard setback from the east property line, premises known as 950 Gag- en's Landing Road (a/k/a 2325 Clearview Avenue), Southold, NY) Count7 Tax Map Dis~ct 1000, Section 70, Block 10, tot :14. ~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 submi*ted prior to the concin- sion of the hearing in question. For more information, please D~d.~'~it~et~,!~," 19857~ ~ ~ BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS G£1~A. RD P. GOEHRINGER, CHAIRMAN 1,T't0/17/85~6)