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HomeMy WebLinkAbout3060 J o ti Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3060 Application Dated November 30 , 1982 TO: Mrs. Cynthia Kaminsky [Appellant (s) ] 75 Woodcliff Drive Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on January 13 , 1983 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 100-34 --------------j-1--Request_for------------------------ Upon application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reducion in the rear- yard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map_Parcel_ID No. 1000-107_07_028----------------------------------------- The board finds and determines as follows : By this appeal, applicant seeks permission to construct a 33 ' by 42 ' addition (including an 18 ' by :36 '.. swimmingpool) in line with the southerly line of the existing dwelling and with a setback from the westerly property line at 1518" . Existing on the premises is a one-story one-family dwelling with attached garage and accessory 24 ' by 24 ' storage building in the northwest corner of the premises. The premises in ques- tion is a corner lot as defined by Section 100-34 of the zoning code and contains an area of 16 ,875 square feet. In reviewing this matter , the board finds that the proposed addition would create excessive lot coverage by a total of 275 square feet over the permitted 3 ,375 square feet, and applicant was advised of same at the original public hearing held on December 22 , 1982. On December 29 , 1982 , the applicant filed an application for a variance due to the excessive lot coverage, which is determined as noted in Appeal No. 3068 ,, same date hereof. It is the opinion of the board that the proposed addition could be turned lengthwise to the house which would allow more .of a setback from the rear property line , or the applicant could reduce the size of the pool area to an 16 ' by 321 , and therefore a maximum reduction at 20 feet from the rear (west) property line should be yielded. In considering this appeal, the board determines that the circumstances are uniaue; that by allowina the variance as indicated no substantial detriment to adloinina properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance, as indicated below. (CONTINUED ON PAGE TWO) DATED: January 25 , . 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS_ Form ZB4 (rev. 12/81) Page 2 Appeal No. 3060 Matter of Cynthia Kaminsky Decision Rendered January 13 , 1983 On motion by Mr. Goehrinqer, seconded by Mr. Douglass , it was RESOLVED, that Appeal No. 3060 , application of CYNTHIA KAMINSKY for permission to construct addition (inaround swimmingpool) be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITION.- That the pool addition shall not be set back closer than 20 feet from the rear yard property line (west property line) . Location 'of Property: 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028. Vote of the Board: Ayes: Messrs. Goehrinqer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPROU r ; /-C'2 j i, friar n Fard of Appe,'s REC�zVED ND FELED BY t Town Cle-lk, Town of S thold „f - r ------- ti . + 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 IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold' Town Board of Appeals at the Town Hall , Main Road, Southold, NY on Thursday, December, 16 , 1982 commencing at 7 : 30 .o' clock p.m. , as follows: 7 :30 p.m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. :Bruer, Esq. , Main Road, Southold, NY 11,971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map . Parcel ID Nos. 100.0-7.8-3-31, 34 and 36 . 7 :35 p.m. Application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq. , 117 Newbridge Road, Hicksville, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots , each having insuffi- cient area and width at .Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. . 7 :40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq. , Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel , NY; County Tax Map Parcel No. 1000-126-09-013. 01. - 7 : 45 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY .11769 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923 , Lot 28; County Tax Map Parcel ID No. 1000-78-4-19. i A Page 2 - Legal Notices of Hearings Southold Town Board of Appeals Regular Meeting for December 16 , 1982 7 :50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114 , Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Secion 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie' s Road. Location of Property in Question: Skunk Lane and Leslie' s Road, .Cutchogue,. , NY; County Tax Map Parcel -ID Nos. 1000-97-4-11 , 12- and 17'. . 8 :00 -p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with.. insufficient sideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southold,, NY; County Tax Map Parcel ID No. 1000-061-04-013. 8 :05 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46-12 and 46-17 (C) [1] for permission to utilize basement for utilities below the minimum required elevation above mean sea level in this A-4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002 . 8 :10 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance for .approval of access, New York Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8 : 15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to 'the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the 20o allowable lot coverage requirement at 437 Seventh Street, Greenport, NY; County Tax Map Parcel No. 1000-048- 01-035; Greenport Driving Park Map No. 548, part of Lot #35. 8 : 20 p.m. Application for THEODORE AND MEL METALIOS, by Irv- ing L. Price,. Jr. , Esq. , 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023-01-012. 2. -' 'Page 3 - Legal Notices of Hearings Southold Town Board of Appeals Regular Meeting for December 16 , 1982 8 :30 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028. All persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December 1, 1982 . BY ORDER OF THE SOUTHOLD TOWN . BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary ---------------.--------------------------------------------=--------------x Notice to Newpspaper: PLEASE PUBLISH ONCE, TO WIT, THURSDAY, DECEMBER 9, 1982 and forward 11 affidavits of publication to: Board of Appeals, Main Road, Southold, NY, on or before December 15 , 1982. (Tel. 765-1809) --------------------------------------------------------------------------x Copies mailed to the following 12/3/82 : Suffolk Times L. I. Traveler-Watchman Rudolph H. Bruer, Esq. for Mr. and Mrs. Charles M. Nelson Alfred J. Skidmore, Esq. for Mr. William Burkhardt Gary Flanner Olsen, Esq. for Ms. Marguerite R. Wasson Mr. and Mrs . Thomas Occhiogrosso Mrs . Patricia A. Bailey Mr. D. Smith for Ms. Esther M. Williams Mr. John Scaramucci for Mr. Donald Brennan Mr. Douglas E. Murphy Irving L. Price, Jr. , Esq. for Theodore and Mel Metalios Mrs. Cynthia Kaminsky Posted on Town Clerk Bulletin Board Copies to Mr. ' Lessard (Building Department) and Town Board FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date -!�'v7/E� . . .2 . . ., 1917 .� . Y To =. "/�. . . . . . / . . -. . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . .. 19 . 0 for permit to construct�� i. . d ,'L. . ./.� . . �`.!� . �G.,C . . . . . . . . at Location of Property 7. -- c-'! .s%�:. . . . . . . . . . . . . . . . . . . . . . . House No. Street ,Hamlet County Tax Map No. 1000 Section . . .A; : . . . . Block . . 0 7. . . . . . . Lot . .0 . . . . Subdivision . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . Lot No. . . . ._ . . . . . . . . . is returned herewith and disapproved on the following grounds, _ . . . /O 4 i5 77�`�� . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV1/80 TOWN OF SOUTHOLD, NEW YORK g / APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.`'�6" DATE TO THE ZONING BOARD /OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .... :.s1AT .:TJ1.tA.../ A Mt.i:l� .`11L°.`�............of ....V5...le. .fi.a.--r? ..e-1 E.F. ..-P_RI.k: .r.............. Name of Appellant Street and Number A'ka :I:. L t.�.??J..G' �a. ...... . ....................................... :lV�...............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING ]INSPECTOR ON .. DATED i � ... / . APPLICATION FOR PERMIT NO. ................................. ..............1 .... �...�. ....................... r WHEREBY THE BUILDING INSPECTOR DENIED TO i .`f��..�. . . ....1f . .�. � . . ®....................... Name of Applicant for permit ofx... ...t �. :?r �l.TI U91......... j� .:\�..................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .. �� .. �x� '. .t�..& J:::f ...�. .�. L:......... .. .. .!=. ........ Street Use District on Zoning Map 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.) A R. •e 3. TYPE OF APPEAL Appeal is made herewith for ( 1,)""'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 (has) has not been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( Vf A Variance to the Zoning Ordinance is requested for the reason that _AA�-f_ •../�GC��I.o 2-' f�i_,I;,,��CC-(.J'lJ��,, �f�r�,��•�'C�'� �,:.t.�.c..���Cc.Ci�.� ( �1-t..�� � .�(�Lll,�.%�� n Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa ry HARDSHIP because v-u Ia1 ,..�.t-•� ��'(7 �f"J--Lul/✓y &L£.•clii�-rn."G� ✓L--11�.+ �.cC/vr a.�Yr�f/V .✓�'t�i-G�i.L-��.:� -�L/.J Q.ti=zp-vC� .�s-z�.L�.-'�J�`�.z.: o-a-►--uc�w :�,re et�r�'tie.� ,ra—,-t.� �c-t��'�''_ � '�-e--u_.�.��c;�.c`� in to it e.e/✓Z- c;"��� ��eL.0 �. �c—v►�s:� ,L�et�a/.c.:v� � �� ..L�I�.z". ��J �-s-t�-�-w`�Z� �J�(Y�l.� .f`�'L�K.C-�f✓l1'./�-1-�/�';'t.iratv✓t-CJj, •�'.+J „iL�,.•� a/,'a-�-u/�h-`l.1':._i� ���,�y ��'�G�.a.J�.�2��, q �y^ �uk/.�/ iL►...L`..7�Ci � '/i'l-� d.,/Y3�la?�C.-'f�G©�L.�t. f�C,�✓°`.a-C..-�JJ./�, .�ie'C.LdILJ �"��./��'t/Yo'VY7 /�4�-C-GL+-�/L �,4� 4y1��/'L��_ •f�i'fiC+/L�. �J,„ _ f FV'.r� `��/�1/�`rlZ....�{�/ �,,'V-'�^•'\✓Y� yiuE�/�,�{/C��'.`�iV / a(Jc6"L���(]A� �,,L'�i�C/,� „�-•�.�,�`v`� •./�'L' �dJ ✓YZ.,L`?.Z�C �, ��.�,i��Q.C?./L�/y��-s'Llti!'C� ;�,�7J�/��1�t"�P� �/�'l.s! �� lZ..• ��'�..KL�t.�X��2).s�e]-C:� OL?tsC�[,��.��1,�.-.8.��/4�5.-� .;,Ii/r�'Z-�F•d.'C.t'-G%4rC./�A..� � ✓t-u.c..t."` [?-�Gz^+-P� ,./���(�--��-" � �-p�-t,0-'l,.Q� k./�' _ �+�.�K.�/r,�L-C�r4--�) '��•�- ci-(/V�-C-Y�__ ��,.a.' �f..%.�'(�+(� �'-��,�j{� �RZ( Q�t.� C2s)� Cry �.(�i �2— lam i'Cx•li�Gl x.�rc 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 ,c,u-2 fr�v :c+� :�'t��`r�✓tJ •"�L�c- ./ +�+- �i�C-L!'i�t'� ��.K�� �/YLC-'w��Z�E •'zX%(e�_ fC <Il_ !�L/lam. .(�rV b'/ .�.irt� ppC.C,/L(.,rq.®�'j ��,��LRii _7a.,v`f� �a� F.'-�Z�Y��'.-;,yam .�d'L.6l�v ./Y6-�t'}-4��✓ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because m// ® o-� f.�.r�_� /Yi��L..-, ..ZZn.) ,ptJa�..{� �&/t���Yd�(.'� yC1...^'L�*Yc.�1U -�t..G' i (/ (�GbQ..��..c�•,-��' �`�/�c.�,�J G ,/Lt�'0�2.�� l/ .., c..L+—%r,� -- f� f� �� N�- ��1� �esa..GC� LC..✓ �.. Le.'�d:-te.,P.C�.. ,mot,-��sr✓�c.� STATE OF NEW YORK ) p ss .... a.. fGl �� R -rc.f �c. ......•............. COUNTY OF ) Signature Sworn to this .............. �)...................... day of....................... ............ ............... .... 19�� Notary Public JUDITH T. TERRY gyc-,nryr Public, State of new York No. 52-03�`�63 Suffolk Coun Commission ExTfres.March 30, f ;..i ej �' t'��z_:r{':e"�`4'..•,•;•fe; n• 1�r�.'4.tf, ;S..'C #� ''�'�;, .- 'tr .{-5a•,,' :S,�'•� � "a; .. � � - � �' �• � yf'V� .�. . �% :F�Kp� -S��4at-d`w=:, i.:•p'.•���+�.3. ��}y'jty#"t�a'•�.:.*.'�Y,'1.'Z:'... �.� '.r'•.e' '� !t� �1. e: Y i - •', p ........-._. . k,��, (Y��`;`� ,i�'`�'? i J.: � i .Y�it l J'ri,"K.,�' ✓�j��'��'��`'.�?!�p,/��� I ._.. {• .Y� ,.. � t , 'i•Y t 'ta d y r• 4 i ••CC.t d4-�y�y .„ Y tPi� � it 1. 4 RI Li' J�Ir. i.�•�/�F Yi 1 r Aj 77 LLt - --. U. rK rc.p: (� MAP 4 F; L,A N D, Q•'� SU�dVEYgD FOB ` Kfr 2. RALPH . PU' SSE LL lZ �. ;' , t J' {s. ' � _ , ` ;'�O,q�. , ' . , ,' . '`r®WN ,oF S�W'i"0-4®�C�, ��!�°'.• i�! y>r' { i:•k.`.��f � ,t .sJ � 1�,(.` ? � �?.' ,,{y V�+, ,i- .f... �y '� ' '; � Z n C r �'r. ''� 1 DZ e•S tom~) to y� ��r\,t i1t� 7 4 i ,. '• - •Gv�avca r't i'��at -9�•�t{-�� [ !b i f�.l z�r :i�'I I CCI Ag CI 1 r {" e - f H 9 U YCH 4I C iP - .. ' : . • • �F+� NciY�-t� -C=�Y� �a�+1� ar+�i� 'T�ru'��' �oJ tr,��►'�y r :; � `..•�, �; A t ...•s .. -"p�• "aU�plr •4�mac/ tl1:I He � (� ���0~G . ' ,T f `.'" � �, t. � �, � ••., •VNiJ-�6,aYi.:�' �' Sots C1 LCIl1Caf SU\\IIYVL'6J�AYS CIS 9Qi acneSOuthold 'own Board of A e 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 January 26 , 1983 JOSEPH H. SAWICKI Mrs. Cynthia Kaminsky 75 Woodcliff Drive Mattituck, NY 11952 Re: Appeal No. 3060 Decision Rendered January 13 , 1983 Dear Sir or Madam: 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 r TEL. 765-1802 op OGy TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR ,T P.O. BOX 728 c TOWN HALL SOUTHOLD, N.Y. 11971 q at, January 5 , 1983 Board of Appeals ,. Town of Southold - - Main Road Southold , N .Y . 11971 Re : Cynthia Kaminsky rear yard reduction , variance Gentlemen : First of all , I would like to apologize for any disruption caused at your past meeting regarding lot coverage on the prem- ises owned by above applicant . When Mrs . Kaminsky made her application for the building permit , I checked the lot coverage and I recall the figures showed that all16f the buildings , including the proposed con- struction , were' within the 20% allowed . The only explanation I can give is that my calculator did not Function properly. dWhen Mr . Buckley spoke to me on December 8 , 1982 , I f61nd I had made the error and this time I used the information , as to size of garage ( 17 ' x 231 ) from the property file card in the assessors office , putting the lot coverage over 20% by 90 sq,, feet . The following day of your last meeting, Mrs . Kaminsky came into the office to have this matter straightened out . Naturally she could not understand what had happened since I had checked out the lot coverage in her presence when she made the appli- cation for permit . Since her application did not give the size of the accessory garage on the plot plan , I assumed that the 17 ' x 23 ' garage listed on the property file card was the size of the building , however , Mrs . Kaminsky had constructed a 24 ' x 24 ' accessory garage building that did not appear on the property file. card . In view of what has happened , I would like to request that the disapproval notice issued on November 23 , 1982 be accepted as amended to include insufficient, lot area with proposed addi- tion . Total lot coverage permitted is 3375 sq . feet . Total lot coverage as proposed is 3650 sq . feet , for a total of 275 Board of Appeals 1 /5/83 Page 2 square feet over . If acceptable , I can make the change from 90 square :feet to 275 square feet . Yo xrs tr y , ,T i l Edward F . Hindermann Building & Housing Inspector EFH: ec r /} I J � � J i �g-- COUNTY OF SUF'FOLR, 1 Legal Notices-, STD°rE OF° NEW YOR , ss: 1 ADTICE JOURNMENT N Troy.Gustayson being duly Sworn,AI�J�u�,NmENTA". _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE,TAKE NOTICE,.,.' . that the Southold Town Board says that .he . . . . is Printer and Publisher *f the St�F°1�Op.K of Appeals liegular MeetiiiS�.!- and. Publie: Hearings'. for.: ' WEEKLY TIMES, anewspaper published at Oaeenpcaat, in said .'December 16,`%'1982.'and. advertised in the December 9,. county," and that the notice, of which the canned is a printed 1982 publication bf the auffift i Times; have -been. copy, b:as been published in the staid Suffolk Weeldy Times ADJOURNED UNTIL WED- ,. NESDAY, DEC iVd)v>rI£ 22; orie once in each week, far . . . . . weeks 1982 AT THJ� SA,�IE . ANDPLACIE. successively commencing on the 16th Dated:December 10,1982. � ` BY'ORDER OF day of THE SpI THO BOARD.. TOWN BOAR \. . . . . . . . . . . . . . . . . D ,:.' . .� .� ,OF APPEALS GERARD P.GOEHRINGER Sworn to before me this A 67th. CHAIRMAN ' By Linda,Xowalski,-. day of . . . Q e C QMb.e 1'. . . . 19. Q2. j �/ Secretary' A. 0 e/G 765 1809(1802): lTD16-4129 . . . . . . . . . . . . . . . . . . . . . HELEN K. DE VOE NgiARY PUBLIC, State of New York No.4707878, Suffolk Count Teen; Expires March 30. 1"� y 1 ^ J `� } r 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. ROBERTJ. DOUGL•ASS December 10 , 1982 . JOSEPH H. SAWICKI Mrs. Cynthia Kaminsky 75 Woodcliff Drive Mattituck, NY 11952 Dear Mrs. Kaminsky: We regret to inform you that the December 16 , 1982 meeting and public hearings have been adjourned to Wednesday, December 22 , 1982 (same times and place) due to an oversight by one of the newspapers in the printing of the notice. If you have any questions , please don' t hesitate to call our office at (516) 765-1809. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski , Secretary Enclosures Southold ®�dl� eals MAIN ROAD - STATE ROAD 25 SDUTHOLD, 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 NOTICE OF ADJOURNMENT JOSEPH H. SAWICKI PLEASE TAKE NOTICE, that the Southold Town Board of Appeals Regular Meeting and Public Hearings for December 16 , 1982 and advertised in the December 9, 1982 publication of the Suffolk Times, have been ADJOURNED UNTIL WEDNESDAY, DECEMBER 2.2 , 1982 AT THE SAME TIMES AND PLACE. Dated: December 10 , 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 765-1809 (1802) -----------------------------------------------------------------------x Instructions to Suffolk Times: Please publish once, to wit, December 16 , 1982 and forward one affi- davit of publication to the Board of Appeals , Main Road, Southold, NY on or before December 16 , 1982. 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 November 30, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Appeal No. 3060, application of Cynthia Kaminsky for a Variance. Also included is: Notice to Adjacent Property Owners , Short Environmental Assessment Form, Letter relative to N.Y. S . Tidal Wetlands Land-Use Regulations , Survey of the property, Notice of Disapproval from the Building Department. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of �Y i\17-H �A lyl l,nl NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER e _ YOU ARE HEREBY GIVEN NOTICE: 1. That ibis.-the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a 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: 76 3. That the property which is the subject of such Petition is loc3y d in the following zoning district: rA, Ale y 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town ZonLp* g Code applicable to the relief sought by the under- signed are Article Section C7_ /GU 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 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 Travel er-Mattituck Watchman, newspapers published in the Town of Southold and Aesignated for,the publication of such notices; that you or your representative have the right to appear.and/be heard at such hearing. Dated: Petitioner Post Office Address ' j PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS F:D i, . � /5-S 131 9L STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: rtJ s a ;Is my , -... , residing at RF 3 1 � �. I'S 3 . being duly sworn, deposes and says that on the V),cK day of ten.-ea�a�i►J , 19 ?� , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at M A-1-T aj-QC K 1' 427 that said Notices were mailed to each of said persons by (certified) (registered) mail. o U Sworn to before me this �d day of Notary Public JUDITH T. TERRY Notary Public, State of New York No, 62.0344963 Suffolk County Commisslon Expires March 30, 19 �'! S�lJ+: I FtJ1%IR OF., EiyTA� ASS"ESSf,iLH1 f ' 11;STP.UCTIONS : s; a In order to answer the questions in this short EAF it is assumed ' that the preparer will use currently available information concerning the project and thc: likely impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken . (b) If any question has been ons•,.!ered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c ) If all questions have been answered No it is likely that this project is not significant . (d ) Environmental Assessment 1 . V11i l project result in a large physical change . to the project site or physically alter more than 10 acres of land? . . . . . . . . . . . . . . . . . . . . . . . Yes No 2 . Will there 'be a major change to any unique or -unusual land form found on the site? . . . . . . . . . . Yes' i,No 3 . Will project alter or hove a large effect on existing body of water? . . . . . . . . . . . . . . . . . . . . . . Yes No 4.. Will project have a potentially large impact on groundaater quality? . . . . . . . . . . . . . . . . . . . . Yes i/No 5 . Will project significantly effect drainage flow on adjacent sites? . . . . . . . . . . Yes Zoo 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . . Yes �No . 7 . Will project result in a major adverse effect on air quality? . . . . . . . . . . . . . Yes �No 8 . Will project have a major effect on visual character of the community or scenic views or. / vistas known to -. be important to the community? Yes i, No 2 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? . . . . . . . Yes 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 systems? . . . . . . . . . . . . . . . . . . . . . . . Yes %/ No 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical . disturbance as a result of the project ' s / operation? . . . . . . . . . . Yes ✓ No l3 . Will project operation? . . .. .any ir.,pact on public • health or . sofety? • � � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes IANo 14 . Will project affect -the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or // neighborhood? . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . Yes i.�' r!o 15 . Is there public controversy concerning the ,fNo project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes P R E P A R E P, ' S SIGNATURE REPf?ESEN7I11G� DATE /q� (Today ' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re : Appeal Application of C6VAJ J-P I A Aa=4-M AJ Location of Property: _Y7-:� �; � fFF 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 subject property in the within appeal application: (please check one box) ' ( ] Niay 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. - [ Is not located within 300 feet of tidal wetlands to the best of .my knowledge. * [Starred items ' (*) 'indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ] Sincerely yours , 0,AIVOL-41-:1 (Signature please) _ - zz NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, u Regular Meeting and the following public hearings will be held by the Seuthold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Wednesday, Decem- ber 22, 1982 commencing ut 7:30 o'clock p.m., and as follows: 7:30 p.m. Appfic,,~iou of CHARLES M. AND KATH- RYH BLASS NELSON, by Variance for approval of ac- cess, New York Town Law, ~ecfio~{ 280-a. I~oc~i}ibn of Property: Offthe sotith side of New Suffolk Avenue, Marti- tuck, N.Y.; County Tax Map Parcel ID No. 1000-116-06-002. 8:1S p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwell- lng which exceeds the 20% allowable lot coverage require- ment at 437 Seventh Street, Groenport, N.Y.; County Tax Map Parcel No. 1000-048-01- 03S; Greenport Driving Park Map No. S48, part of Lot g35. 8:20 p.m: Application for THEODORE AND MEL ME- TALIOS, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, N.Y. for a Variance to the Zoning Ordinance, Article III, Sections 100.30C and 100-32 for permission to construct tennis court and deck to be located in the front- yard area at 1631S Main Road, biOl~VDI'IddV ciO HDLLON HDIZOIq ~IVO~J'l COUNTY OF SUFFOLK STATE OF NEW YORK Patricio 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-Watch- man once each week for .........................../.. ........... weeks successively, comme~in day ............. East Marion, N.Y4 Count3~ Tax Map Parcel ID No. 1000-023-01-012.2. ~'~:30 p.m. Application of~ · CYNTHIA KAMINSKY, 75 I Woodcliff Drive, Mattituck, I N.Y. for a Variance to the/ ffore me this ............... ./...'7.. ........... day of Zoning Ordinance, Article III[ Section 100-34 for permiss~-~ ~1~..'~... ........... to construct addition (enclosed~ ......... pool) with reduction in thel rearyard (sideyard) setback at ~ 75 Woodcliff Drive, Mattituck, } N.Y.; County Tax Map Parcel~S ID No. 100-107-07-028. ~' ~'~"~'~;'~'~'_'-"'0' ................... "' All persons wishing to be [',lOt~'y Pubhc heard on the above applica- tions should appear at the time and place above specified. Dated: December 10, 1982 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1T-12/16/82(101) Legal Nol]ces LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings wi!hi be held by the Soulhold Tow Board of Appeals at the.?o~w? Hall, Main Eoad, Soumom, NY on ThUrsday, December 10, 196~ commencing at 7:30 o'clock n.m., as follows: 7:30 'p.m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Artic.le I. II, Section 100-31 for permission to establish two legal building lots, each having insufficient area and width at Wabasso Street, Seathold, NY; County Tax Map Parcel ID Nos. 1000- 78.3-31, 34 and 36. 7:35 p.m. Application of WILLIAM BURKHARDT. c/o Affred J. Skidmore, E.sq.,.~lle7' Newbridge Read, Hicssvm , NY 118~ for a Variance to the Zoning Ordinance, Artic!e I. II, Section 100-31 for perm~smon reestablish two legal building lotS, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000- 78-3-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanncr Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for per .m. ission to establish each extst~ng house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-09-013.0L 7:45 p.m. Application of THOMAS AND SACQUELINE OCCHIOGROSSO, 77 Vand, e.r- hilt Boulevard, Oakdale, ~Y 11769 for a Variance to the ZorJng Ordinance, Article III, Section~31 for permission to re-lo~e dwellin~ with insufficient front, sidle and rearyard setbacks at 1500 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 29; County Tax Map-Parcel ID No. 1000-76~F19. 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for ~eermisston to reestablish gal building parcels as existed prior to the 1971 change in area requirements, Lot #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie's Read. Location of Property in Question: Skunk Lane and Leslie's Road, Cutchogue, NY; County Tax Map Parcel ID Nes. ).000-97-4'11.t 12 .and 17.. 9:00 p.m. Appncarton m ESTHER M. WILLIAMS. Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southold, NY; County Tax Map Parcel ID No. 10004)61-04013. · 9:05 p.m. Application for DONALD BRENNAN by John Scaramueei, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46- 12 and 46-17(C)[1] for ~eorrmissinn to utilize basement utilities below the minimum required elevation above mean sea level in this A- 4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattitnck, NY; County Tax Map Parcel ID No. 1000-116-06-/)02. 6:10 p.m. Applicatio~ for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattitnck, NY for a Variance for approval of acceSS, New York Town Law, Section 260-a. Loc~.n of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Paroel ID No. 1000-11606- 002. 0:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the ....... beill~ duly Sworn, 20% allowable lot coverage requirement at 437 Seventh ?ublisher of ~he SUFFOLK Street, Greenpert, NY; County Tax Map Parcel No. [ish~l ~ Greenport, in said 1000-048-01-035; Greenport Driving Park Map No. 548, :h lhe ¢mllexed is ~1 printed part of Lot #35. 0:20 p.m. Application for ~id Suttolk Weekly Times THEODORE AND MEL METALIOS, by Irving L. weeks Price, Jr., Esq., 026 Front .................. Street, Greenport, NY for a . .9 .~.~. ................... Variance to the Zoning ~..~ Ordinance, Article III, Sec- tion 100-30C and 100-32 for permission to construct tennis court and deck to be located in .......... the frontyard area at 16315 . Main Read, East Marion, NY; County Tax Map Parcel ID , j /9:30 p.m. Application o~ · /CYNTHIA KAMINSKY, 751 ............. [ Wood¢liff Drive, Mattitnck,] ....... [ NY for a Variance to.the Zo~-[ ~ lng Ordinance, Article II ~ Section 100-34 for permission, I to construct additionl ] (enclosed pool) with rednctionl '~in the rearyard (sideyard) Isetback at 75 Woedcliff Drive, [Mattituck, NY; County Tax ]Map Parcel ID No. 1000-107~ 028. ~fAll persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December 1,19~2. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1TD9-4122