HomeMy WebLinkAbout3146 Southold Town
hoard o�' 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. 3146
Application Dated June 13, 1983 (Public Hearing 7/28/83)
T0: Mr. Garrett A. Strang as agent for [Appellant (s) ]
MR. RICHARD DeMARIA
Main Road
Southold, NY .11971
w
At a Meeting of the' Zoning Board of Appeals held on August 11, 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 , Sections 100-31 and 100-34
[ ] Request for
The public hearing concerning this application was held on July 28 ,
1983, .at which time the hearing was declared closed, pending deliberations.
Upon application for RICHARD DeMARIA, by Garrett A. Strang, Main
Road, Southold, NY for a Variance to the Zoning Ordinance, Article -III,-
Sections 100-31 and 100-34 for permission to construct addition with
reduction in rearyard setback at 900 Minnehaha Boulevard, Southold,
near Laughing Waters; County Tax Map Parcel No. 1000-087-02-006 .
The board.made the following findings and determination:
By this appeal, appellant seeks to construct a . 24 ' by 16 ' bedroom-
bathroom addition at the rear of the existing one-family dwelling, which
will leave a setback of 34. 1' from the rear (westerly) property line.
The premises in question is improved with an one-family dwelling struc-
ture and two acce,.ssory ' buildings. The subject premises contains an
area of 12, 738 square feet, and site plan dated June 13, 1983
depicts a total area covered by structures at 16 .90% , which does
not exceed the maximum permitted.
It is the opinion of the board that the location of the new
addition is most feasible and reasonable under the circumstances.
The board also determines: (1) that the variance request is not
substantial; (2) that no substantial detriment to adjoining
properties will be created; (3) that the difficulty cannot be
obviated by a method feasible to appellant other than a variance;
(4) that no adverse effects will be produced on available govern-
mental facilities of any increased population; (5) that the relief
requested will be in harmony with and promote the general purposes
of zoning; and (6) that the interests of justice will be served
by allowing the variance, as indicated below.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that Appeal No. 3146, application for RICHARD DeMARIA
for permission to construct 24 ' by 16 ' addition with a reduction in
the rear yard at 34.1' , BE AND HEREBY IS APPROVED SUBJECT TO THE
(CONTINUED ON PAGE TWO)
DATED: August 25, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3146
Matter for RICHARD DeMARIA
Decision Rendered August 11, 1983
FOLLOWING CONDITIONS :
That the accessory 24 ' by 26 ' structure revert back to
storage/garage use only, and that all living (habitable) area
be removed.
Location of ' Property: 900 Minnehaha Boulevard, Southold, near
Laughing Waters, NY; County Tax Map Parcel No. 1000-87-02-006 .
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki.. (Member Doyen of Fishers Island was absent. )
This resolution was unanimously adopted.
RECEIVED' AND FILED BY
THE SOUTHOLD TOVai CLERK ERARD P. GO HRINGER, CHAIRMAN
August 25, 1983
DATE k1Q6)� HOURq,ys�c9.l)1
own Clerk, Town of S old
S
s
Oc2FUL`,�^�
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� r = Southold Town Board of Appeals
®:4 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 DOYIEN, 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 Zoning Board of Appeals at the Southold Town
Hall, Main Road, Southold, New York, on THURSDAY, JULY 28 , 1983
commencing at 7 : 30 o' clock p.m. and as follows :
7 : 30 p.m. Recessed Hearing: Appeal No. 3138 - ALFRED J. TERP.
7 : 35 p.m. Application of THOMAS KENNEDY, 120 Log Road, Pat-
chogue, NY 11772 for a Variance to the Zoning Ordinance, Article III,
Section 100-30 (A) for permission to use property for business pur-
poses , to wit: Video Tape Rental and Equipment Sales , at premises
located at 33260 S.R. 25 and 225 Eugene' s Road, Cutchogue; Filla
Minor Subdivision Map 72 , .Lot 1; County Tax Map Parcel No. 1000-
097-02-016. 5.
7 : 40 p.m. Application for ORIENT-EAST MARION PARK DISTRICT,
by Garrett A. Strang, 54655 Main Road, Southold, NY for a Variance
to the Floodplain Management Law, :Chapter 46,. Sections 46-7 and
46-18B for permission to construct sanitary facilities with first
floor below minimum required flood elevation level. Location of
Property: North Side of Main Raad, East Marion, NY; County Tax
Map Parcels No. 1000-017-05-006 and part of 007 ; 1000-023-2-part
of 001 and 003.
7 :45 p.m. Application for RVSS, Inc. (Razmataz) , by Garrett A.
Strang, Main Road , Southold, NY for a Variance to the Zoning Ordi-
nance , Article III, Section 100-112H for permission to develop and
use parking on adjacent (leased) property identified as County Tax
Map Parcel No. 1000-125-01-19. 1; 1000-122-6-36.
7 :50 p.m. Application of ROBERT W. GILLISPIE III., Main Road,
East Marion, NY for a Variance to the Zoning Ordinance, Article VII,
Section 100-71, and Bulk Schedule, for approval of insufficient area,
width and sideyard setbacks of building in this proposed two-lot
division of property located at the northeast corner of Beckwith
Avenue and Main Road, Southold, NY; County Tax Map Parcels No.
1000-061-02-005 , 006 , 007.
Page 2 - Legal Notice of Hearings
Regular Meeting of July ,.2y, 1983
Southold Town Zoning Board of Appeals
8 :00 p.m. Application for RICHARD DeMARIA, by Garrett A.
Strang, Main Road, Southold, NY for a Variance to the Zoning
Ordinance, Article III, Sections 100-31 and 100-34 for permis-
sion to construct addition with reduction in rearyard setback
Ordinance,
900 Minnehaha Boulevard, Southold; near Laughing Waters;
County Tax Map Parcel No. 1000-087-02-00.6.
8 : 05 p.m. Application of SOUTHOLD EQUITIES, INC. , 195 Youngs
Avenue,. Southold, NY for a Variance to the Zoning Ordinance,
Article VII, Section 100-70 for permission to establish residential
and studio use of an existing building in .this "B-1 General Business"
District, located along the south side of Traveler Street, Southold,
NY; County Tax Map Parcel No. 1000-61-01-015.
8 :10 p.m. Application of DAVID AND BONNIE PASCOE, 900 Haywaters
Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-119B for permission to erect 6 ' fence which would
exceed the maximum-height requirement along the front yaM, at '
premises known as 900 Haywaters Road , Cutchogue; Nassau Point
Properties Map 763, Lot 11; County Tax Map Parcel No. 1000-111-03-06 .
8 .15 p.m. Application for ROKE' S MARINA, INC. , by A.A. Wickham,—
Esq. , Main Road, Mattituck, NY, appealing a decision of the building
inspector to vacate Order to Remedy Violation, -pursuant to Article XII,
Section 100-121A. Provisions of the Zoning Ordinance Appealed:
Articles I, 100-13; II, 100-23A; VIII, 100-80 (B) [14] & [15] ;
XIV, 100-144-(A) T2] (B) ; XI, 100-118.. Location of Property: East
Side of New Suffolk Road , New Suffolk, NY; County Tax Map No. 1000-
117-5-28 & 29.
8 : 25 p.m. Application of PHILIP FRUMENTI , 3825 Stars Road,
East Marion, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-32 for permission to construct carport in the frontyard
area, at 3825 Stars Road, East Marion, NY; County Tax Map Parcel
No. 1000-022-06-026.
8 : 30 p.m. Application of JACK AND LEE LEFKOWITZ , (F.J. Christie ,
and wife, owners) , 25 Downing Avenue, Sea Cliff, NY 11579 for a
Variance to the Zoning Ordinance, Article III, Section 100-31 for
permission to construct one-family dwelling with an insufficient
frontyard setback, at premises located on a private right-of-way
off the north side of Summit Drive , which premises also fronts along
the south side of Sound Beach Drive, Mattituck, Cpt. Kidd' s Estates
Part of Lot 11; County Tax Map Parcel No. 1000-106-01-042. 1.
8 : 35 p.m. Application of JOHN ANTONIOU, 155 East Road, Matti-
tuck, NY for a Variance the Zoning Ordinance, Article III, Section
Page 3 - Legal Notice of Hearings
- � Regular Meeting of July Zf, 1983
Southold Town Zoning Board of Appeals
100-34 for permission to construct deck addition with an insufficient
frontyard setback, at 155 East Road, Mattituck, NY; Cpt. Kidd' s
Estates Map 1672 , Lot 111; County Tax Map Parcel No. 1000-106-03-009.
8 :45 p.m. Application of HENRY AND VIRGINIA STEINBRECHER,
1525 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordi-
nance , Article III, Section 100-31 for permission to construct
addition with an insufficient frontyard setback, at 1525 Haywaters
Road , Cutchogue, NY; Nassau Point Subdivision, Section D, Map 806 ,
Lot 333; County Tax Map Parcel No. 1000-111-4-12.
DATED: JUNE 30 , 1983. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
For further information, please contact Linda Kowalski
at the Southold Town Hall 765-1809 (or 1802) .
--------------------------------------------------------------------
Copies to the following on or about July 11, 1983:
Mr. Alfred J. Terp
Mr. Thomas Kennedy
Mr. Garrett A. Strang
Mr. Robert W. Gillispie, III
Southold Equities , Inc. - Loretta DiMaggio, President, 390 Rose
Street , Massapequa Park, NY 11762
Mr. and Mrs. David Pascoe
Abigail A. Wickham, Esq. for Roke' s Marina
Mr. Philip Frumenti
Mr. and Mrs. Jack Lefkowitz
Mr. John Antoniou
�R
Mr. and Mrs. Henry Steinbrecher
Suffolk Times , Inc.
L. I. Traveler-Watchman, Inc.
Supervisor
Town Board Members
Z. B.A. Members
Building Department
Planning Board
Town Clerk Bulletin Board
FORM NO.3
I
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
I
I
i
NOTICE OF DISAPPROVAL
File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . .. 19 6�) .
To
. . . . . . . . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated . . . rS/ . . .�� . . . . . . . .. 19
for permit to construct . lO�J.0". . rr . . . . .; at
Location of Property . . . Ca. . Alllv'i 111i41&1 G': . Z14,o. . . . . . . �r!7//a� '.
House No. Street / Ham/et
County Tax Map No. 1000 Section . . . .QF7. . . . Block . . . .OW. . . . . Lot . . . . . .
Subdivisio �- .'!� / Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . .
is returned herewith and disap oved on the following grounds . / Q�YJ ✓�. .,rq�GL`ld�
.77. . . . .A/.
Building Inspector
RV 1/80
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1802
Examined . . . . . . . . . . . . . . . .. 19 . . . Application No. . . . . . . . . . . . . . . . . .
Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . .
Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date . . June , , 198.3 19 . . .
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3
sets of plans,accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building code, housing c de, and regulations, and to
admit authorized inspectors on premises and in building for necessary ins ec ns. _
i. . . . . . . . . . . . . . . . . . . . . . . . .
-- - (Signature of applicant, or name, if a corporation)
Garrett A. Strang, Architect
• • • • • • •Box• •1412.,. .Southold.,. .New. York. . .1197:
(Mailing address of applicant)
State whether applicant.is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Architect
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name of owner of premises . . . . . . . . . . . . . Ri cbar.cl .De. mar�a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
. . . . . . . . . . . . . . . . . . . . . . NA . . . . . . . . . . . . . . . . . . . . .
(Name and title of corporate officer)
Builder's License No. . N.ot.Se.lected . . . . . . . . .
Plumber's License No. Not , Selected . . . . . . . . .
Electrician's License NoNot. Selected . . . . . . . . .
Other Trade's License N18Pt. Selected . . . . . . . . .
1. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
900 Minnihaha Boulevard, Southold, New York
. . . . . . . . . . . . . . . . . . .
House Number Street Hamlet
County Tax Map No. 1000 Section . . . . .8 7. . . . . . . . . . . Block . . . . . . . . 2. . . . . . . . . Lot .6 . . . . . . . . . . . . . . . . .
Subdivision . . . Laughing .Waters . . . . . . • . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . ..
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy . .Single Family. Residence .,. J a . . . . . . . . . . . . .
Same A.Alt v L•. .CiA
b. Intended use and occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .: .1,
3. Nature of work (check which app )le): New Building . . . . . . . . Addi . . . . . . . X. . Alteration . . . . . . . . . .
Repair . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition . Other Work . . . . . . . . . . . . . . ..
(Description)
4. Estimated Cost . . . . . . .$10,r,0 0 9. . . . . . . . . . . . . . . . . . . . . . . Fee . . . . $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(to be paid on filing this application)
S. If dwelling,number of dwelling units . . ,one . . . , , , , Number of dwelling units on each floor . . . . . . . . . . . . . . . .
If garage,number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . . . . . . . . . . .
7. Dimensions of existing structures,if any: Front . . . 4.R . . . . . . . . . Rear . . . .3?. . . . . . . . Depth . .3 5, . , , . . . . . . .
Height . . . 12. . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dimensions of same structure with alterations or additions: Front . . . . . . . .4. . . . . . . . . . . . . . . . Rear . . . . .3?. . . . . . . . . . .
Depth . . . . 5.1 . . . . . . . . . . . . . . . Height . . . . . . . .12 . . . . . . . . . . . . Number of Stories . . . . . . . . .l. . . . . . . . . . . .
8. Dimensions of entire new construction: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth• . . . . . . . . . . . . . . .
Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Size of lot: Front . . . . . . I..5. . . . . . . . . . . . . Rear . .115. . . . . . . . . . . . . . . . . Depth . .108. . . . . . . . . . . . . . . . .
10. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . .
11. Zone or use district in which premises are situated . . .A, Residential. Agricultural . . . , , . , . , , . . . . . .
. . . . . . . . . . . . . . .
12. Does proposed construction violate any zoning law, ordinance or regulation: . .Yes-, Rear ,Yard. . . . . . . . . . . . . . . .
13. Will lot be regraded . . . . . XQ . . . . . . . . . . . . . . . . . . . . Will ex ss f 1 be r mov rom premises: Yes No
14. Name of Owner of premises .RichArd. P,e,Ma�la . Address .�a� ��u��?�e. . . . . Phone No. . . . . . . . .
Name of Architect Gaz-rett; EitV4P-9 . . . . . . Address Box ,1412,r ,Southo011one No. 5455. , . . .
Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . .
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
STATE OF NEW YORK,
COUNTY OF . . . STJF.FOLK . . , . . S.S
. . . . . . . . . . . . . .Garnett. A. .Str.ang. . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant
(Name of individual signing contract)
above named.
He is the . . . . . . . . . . . . .Architec.t/.Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . .
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his knowledge and belief;and that the
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
. . . . . . .6th. . . . . . . . . . . . . .day of. . . . . June. . . . . . . . . . 19 . .83
,
Suffo k
Notary Public. . . . . . . . . . . . . County /
IAR AfiA ' : `- -
NOTARY PUBLIC, St Se of N .
No. 4730095I- New York . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Qualified in Suffolk County (Signature of applicant)
CommiRion E Piret March 30, 19A�
RECEIVED '
OUN �{ :198� TOWN. OF SOUTHOW, NEW YORK
Joym Clef( soiRi A.
L FROM DECISION OF BUILDING INSPECTOR APPEAL NO.���,6
DATE ,June 13 , ..1983
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
i, ( Via)K....... ..................of ...kla.i.n..Rorad.,...SauthCL1d.,...Uew..Xaz}�..
Name of Appellant Street and Number
Southold New„York..., ,},IEREBY APPEAL TO
......................................:.......................................................
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF .THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ...:June„6,, 1983,,,,,,,,,,,,,,,,,,....
WHEREBY THE BUILDING INSPECTOR DENIED TO
Ga:;X.Q .. ....51KAP.g1%...fQx...RjC.h=:d...1pe Maria
Name of Applicant for permit
of Main.,Road.. .................:....... Sout)i}4a.......Nei?.:York........................
Street.and Number Municipality State
( ' ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( x) Permit To Build
1. LOCATION OF THE PROPERTY .....9.0.0...lei.rmihab.a..lra4xc........
A..1tes.i.donLi.a1./.Agr.i.cultura
Street Use District on Zoning Map
................./
Mop 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 III Section 100-31, Section 100-34
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 (I§ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Doted ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( x) A Variance to the Zoning Ordinance
is requested for the reason that proposed addition infringes on required
rear yard as established by zoning codo.
Form zs1 (Continue on other side)
ci'�Aitt�'2 .� ►^�tlSe�r1
Mom .60
c4nUoJ s}ofuj? Ai boifih)4
....Qt ,Of. d3t+s�►t 3fii�� rsO��I��ttlrla,l
REASON FOR APPEAL ;.•;,r Continued -
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulti ,soor-,unneces
sary HARDSHIP bedause it prohibit construction of proposed addition.
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 due to the substandard lot
and existing .minimum rear .yard.
3. The Variance would observe the -spirit of. the Ordinance and WOULD .NOT CHANGE THE
CHARACTER OF THE DISTRICT because ; variance sought is minimal in nature.
STATE OF NEW YORK )
ss
COUNTY OF SUFFOLK ) GARFZFTT* A. .................... .. ......
Sworn to this ...........13.th.......................... day of.............June.................................. 19 83
BARBARA I�(otar TRAWG NOTARY PUBLIC Sta a of Now York
H No, 4730095
Qualified in Suffolk County
Camminian ExOm March 30, 1-VA/1 .
OF SOUTHOLD PROPERTY RECORD CARD
TOM
OWNER STREET VILLAGE DISTRICT SUB. LOT
E REAGE A(,-,,
FORMER OWNER N /r
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S W TYPE OF BUILDING
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RES. SEAS. VL. FARM COMM. IND/ CT CB. misc.I
LAcIN D imp. TOTAL DATE REMARKS
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NEW NORMAL I BELOW ABOVE
Form Acre Value Per Acre Value
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DESCRIBED PROPERTY `'�F� do 49263
. A T LAUGHING WATER SF° LAND
TOWN OF SOUTHOL D
SUFFOLK CO. N. Y. donack associates
313 west main street
riverhead, new york 11901
AREA /2,738 (516) 369-1717 (212) 746-3020
0:292 ACRES June 10,1983 Job N= 83- 28
1000-087-02-06 Scale- I" = 20
COUNTY OF SUFFOLK
'n
DEPARTMENT OF PLANNING
(516) 360-5513 LEE E. KOPPELMAN
DIRECTOR OF PLANNING
August 23, 1983
Town of Southold
Board of. Appeals
Pursuant to the requirements of Sections 1323 -to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning.
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant Municipal File Number
Alfred J. Terp 3138
Robert W. Gillispie III 3139
Southold Equities, Inc. 3145
Richard DeMa.ria 3146
Jack & Lee Lefkowitz 3150
Razmataz 3151
Very truly yours,
Lee E. Koppelman
Director of Planning
by
GGN:jk Gerald G. Newman
Chief Planner VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE.L. L.NEW YORK ■ 11788
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission :
xx Variance from the Zoning Code, Article III , Section I00-3I & I00-34
Variance from Determination of Southold Town
Building Inspector
Special Exception, Article Section
Special Permit
Appeal No. : 3I46 Applicant: RICHARD DeMARIA
Location of Affected Land: 9'00`Minnehaha Blvd. , Southold
County Tax Map Item No. : 1000- 087-02-006
Within 500 feet of :
Town or Village Boundary Line
xx 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.
was granted
COMMENTS : Applicant permission to construct add. with
reduction in rearyard setback.
Copies of Town file and related documents enclosed herewith for your
review. ..����JJ
Dated: . August 19, I983 Ivr
Temp. 8ecre ry, Board of Appeals
r:
c
Southold To
wn Board o Aeals.�
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
August 25, 1983
Mr. Garrett A. Strang —_
Main Road
Southold, NY 11971
Re: Appeal No. 3146 - Richard DeMaria
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
Mr. Richard DeMaria
NOTICE
NOTICE IS HEREBY GIV- COUNTY OF SUFFOLK
EN pursuant to Section 267 of-, STATE OF NEW YORK ss:
the Town Law and the Provi-
sions of the Amended Code of
the Town of Southold, a,
Regular Meeting and the
following Public Hearings will Patricia Wood, being duly sworn, says that she is the
be held by the Southold Town Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Zoning Board of Appeals at 11
the Southold Town Hall, Main a public_ newspaper printed at Southold, in Suffolk County;
Road, Southold,New York;on and that the notice of which the annexed is a printed copy,
THURSD.AY, JULY 28,. 1983
commencing at 7:30 o'clock has been published in said Long Island Traveler-Watch-
p.m. and as follows: man once each week for
7:30 P.M. Recessed Hear- •• ••weeks
ing: Appeal No. 3138- AL-
FRED J. TERP. . successively,' commencing on the ....................................
7:35 P.M. Application of f3
THOMAS KENNEDY, 120 day ...................... 19..... .
Log Road, Patchogue,' N.Y.
11772 for a Variance to the ........ ..........................
Zoning Ordinance, Article III,
Section 100-30(A) Tor permis-
sion to use property for
business purposes, to wit:
Video Tape Rental and Equip-
ment Sales, at premises locat-
ed Sworn to before me this ................................
/y
at 33260 S.R. 25 and 225 ••••••........................•• day of
Eugene's .Road, Cutchogue; d �3
Filla Minor Subdivision Maps """"""" "" """""""""''
72, Lot 1, County Tax Map
Parcel No. 1000-097-02-016.5.
7:40 P.M. Application for
ORIENT- EAST MARION
PARK DISTRICT, by Garrett .............................. .......... ..... ........................
A. Strang, 54655 Main Road, Not Public
Southold, N.Y. for a Variance
to the Floodplain Management CLEPAENT J. THOf,IpSO
Law,Chapter 46,Sections 46-7. NOTARY PUBLIC,State ot•tde•v York
and 46-18B for permission to t`4o.52-9321725
construct sanitary facilities Residing in Suffolk County
with first floor below minimum Cemmtssbn Expires March 30, 19 p y
required flood elevation level. —-
Location of Property: North
Side of Main Road, East
Marion, N.Y.; County ,Tax
Map Parcels No. 1000-017-05-
006 and part of 007;1000-023-2
-part of 001 and 003.
7:45 P.M. Application for
RVSS, Inc. (Razmataz), by
Garrett A. Strang, Main Road,
Southold, N.Y. for a Variance
to the Zoning Ordinance,
Article III, Section 100-112H
for permission to develop and
use parking on adjacent (leas-
ed) property identified as
County Tax Map Parcel No. �6
1000-125-01-19.1; 1000-122-6-
36.
7:50 P.M. Application of
ROBERT W. GILLISPIE III,
Main Road,East Marion,N.Y.
for a Variance to the Zoning.
Ordinance,Article VII, Section
100-71,and Bulk Schedule,for
approval of insufficient area, .j
width and sideyard setbacks of
building in this proposed
two-lot division of property
located at the northeast corner
of Beckwith Avenue and Main
Road, Southold, N.Y.; County
Tax Map Parcels No.. 1000=
061-02-005, 006, 007dan
8:00 P.M. Appl for
R, HARD DeMARI Gar-
rett A. Strang, Moad,
Southold, N.Y. for ance
to the Zoning ance,
Article III,Sections 1 and
_100-3.4..for.permifsi
struct addition withction
in rearyard setba 900Minnehaha Boulevaouth-
old, near Laughinters; .County Tax Map l No.1000-087-02-006.
8:05 P.M. Appn o�-
'Su THOLumolurhIES, INC'�l
South('' '1Y fora Variance to rs County Tax Map P 4No.
"the F] chinManagement ;;';1000-o22-06-M.
Law,L,..,.,,L'er 46,Sections 46-7 8:30 p:m.;:.Application of
and 46-18B for permission to ".JACK AND LEE
construct sanitary facilities LEFKOWITZ, (F.J. Christie,
with first .',floor below 'and wife,owners),25 Downing
minimum':':.required' flood _:'':;,Avenue, Sea.Cliff, NY 11579
elevation,level. Location of 'c;':,for a Variance to the Zoning
Property:,Worth Side of Main Article III,Section
Road, East Marion, NY; :�00-3I..:for. permission to
County Tax' :Map Parcels No. ' _�,.construct one-family dwelling.
1000-017-05,006 and part of 007,•`:'".;!,i�:w than insufficient frontyard .
1000 023-2 part of 001 and 003:.; setback, at premises located
7:45 p:m.;Application for on a private right-of-way off
RVSS, Inc. (Razmataz) by ,;; the north side of Summit
Garrett A.Strang,Main Road, Drive,;which premises also
'Southold,NY for a Variance to '`:`. fronts='along the south side of the Zoning Ordinance, Article Sound;:-":`,:-Beach Drive,
III; Section 100-112H. .,for:.;:;i`i Mattituck,Cpt.Kidd's Estates
permission to develop 'and r;;411 Part;of Lot 11;.County Tax
use parking on adjacent ill,Map Parcel No 1000 106 Ol-
(leased)property identified as 0421:'
County Tax Map.Parcel No F u*!,} -1:35 p.m.",Application of
000125-01=19.1;1000-122-6-36 OV JOHN ANTONIOU, 155 East.
%'e1:7:50 p.m.':,;Application of ;;Road, Mattituck, NY,for.a
'ROBERT W:'GILLISPIE III, 'w!?;,+;Variance °�to -.the ''Zoning ".
\ :Main Road,''East Marion, NY k 'Ordinance,Article III,Section.,.;;,;
for Variance-to the Zoning :;1'00-34;,: for. permission -to
'Ordinance, Article :.:.VII, construct deck addition with
Section 100 71;'.•and Bulk , _ ,.:an.:,.;insufficient frontyard
Schedule,`.for approval of .';;; t setba'ck;'at 455 East Road, ,
:`.insufficient area, width and Mattituck;NY; Cpt.'Kidd's
sideyard setbacks of building ;i:;Estates Map_.1672, Lot Ill;"
in this proposed. two-lot County Tax Map Parcel No
division of property located at
the northeast corner of 8:45 p.m.-.:Application of
:Beckwith Avenue and Main . .,!:.,HENRY AND ,VIRGINIA. .'`:
Southold', NY; County. :',1 :STEINBRECHER,,1525 Hay- --_`
Tax Map Parcels No 1000-061 waters Road,Cutchogue, NY
02 005,006,007 AI,;},P 7, for a.Variance'to the Zoning.
8:00 p.m. Application for ` Ordinance,Article III,Section
RICHARD DeMARIA, by �,'D 100-31 .for. permission ',to
`,';Garrett A:Strang,.Main Road, lg construct'addition with an
a.','_ ,.
::"Southold,NY for a Variance to ;; j',,t;insufficient frontyard setback,
the Zoning.Ordinance, Article at'...1525 Haywa_ ters :'Road,
III, Sections 100-31 and 100-34 ',: :Cutchogue;NY; Nassau Point
--J or permission to construct' _Subdivision;:Section,.D, Map`•,: `
addition with reduction in °�,806; Lot 333; CountyTaxMap
rearyard 'setback -at,•'900 Parcel No.1WO411-4-12
Minnehaha _'Boulevard 1= �'
4 ;DATED NNE 30,1983.
Southold, near:,Laughing `;�'BY ORDER OF.
Waters; County Tax .Map:: SOUTHOLD TOWN
'Parcel No.1000-087-02-006. : —
.8,05 p.m. Application'of ; OERARD P.GOEHRINGER
SOUTHOLD EQUITIES, INC, r;, " "!';CHAIRMAN--"
195 Youngs Avenue, Southold :;.:,;�+'For,' further'' information,
NY for a Variance to the..;:;:,;;:::please contact Linda Kowalski,:;,;
Zoning Ordinance,Article VII, at the Southold Town Hall 765- a
Section 100-70 for,"permission 1809 Or 1802).;, r,}
to.establish residential.and `1TJy14-4297
studio use of -an existing ;
building in this 'B-1 General,
Business" District,:located
along. the south side --.'of';1
:_Traveler.,`Street, Southold,:::
.NY; County Tax Map Parcel..
No.1000-61-01-015:
-1:10 p.m.'Application 'ofI
`DAVID AND -BONNIE STATE OF NEW YORK )
PASCOE,.:900 Haywaters
Road, Cutchogue, NY for a ) SS:
., 1 Variance to ,the Zoning-on. COUNTY OF SUFFOLK )
LEGAL NOTICE_ i 0.Or0 1 9B efor permission, 'Article III, (to to,,
NOTICE IS HER �--;--'erect 6' fence,which would Joan W. Gustayson of Greenport, in
`.GIVEN, pursuant to Section exceed the maximum-height
267 of the Town Law and they requirement,along the front said County, being duly sworn,says that is
Provisions of the Amended .yard;at premises.known as
Code of the Town of Southold;r ,, 900 > i41aywaters-,.,:.;'Road, Principal Clerk of THE SUFFOLK TIMES,a Weekly
a Regular.Meeting and the Cutchogue;.'Nassau "Point Newspaper, published at Greenport, in the Town
following Public Hearings will Properties Map 163 Lot it ::'
be held by the Southold To r... Eounty Tax Map Parcel Nod '°';. of Southold, County of Suffolk and State of New
Zoning Board of Appeals 1o00111-03 06.
4
the Southold Town Hall, Main 8:15 p.m. Application for York, and that the Notice of which the annexed is
Road,Southold,New York;od y.•:,": a printed copy, has been regularly published in
q �":.;�:ROKE'S MARINA, INC., b
THURSDAY, JULY 28.' 1983' :`A. 'A. Wickham Esq., Main
commencing at 7:30:o'clock :`h';Road, . Mattituck, NY,- , said Newspaper once each week for Orie
p.m.and as follows: '; Y ' .-appealing a'decision of the
..7:30 ' p.m.. ; ftecess'ed: buildingweeks successively, commencing on the 4th
inspector to vacate
Hearing: Appeal No.,,3138 Order to Remedy Violation, day of July 1983
ALFRED J.TERP. :y?; pursuant to Article XII, =
7:35-p.m. Application-...of, Section 100-121A,Provisions of
THOMAS KENNEDY,12014 the -Zoning Ordinance' HELEN K.DE VOE
Road, Patchogue,NY 11772 Appealed: Articles I,.100-13;
for a Variance to the Zonini II, 100-23A;-. °;VIII, ;100- RY PUBLIC,State of New York
Ordinance,Article III,Section 80(B)[141 & [151 XIV,;100-;' •4707878.Suftolk Co:'rltxx Principal Clerk
100-30(A) for permission,t' 144(A)[2](B);"XI;�100-118.`.',_' ,.m Expires Much 30, 18115�
use property for business ' Location of Property: East
purposes, to wit: Video Ta Side of New Suffolk Road 14th
,Rental and Equipment Sales1i New Suffolk,NY; County Tax Sworn fo before me this
at premises located at 33260 Map No.1000-117-5-28&29. day of Till V 19�3.
S.R. 25 and 225 Eugene's 8:25 p.m. Application 'of
Road,Cutchogue; Filla Minor PHILIP FRUMENTI, 3825 :
Subdivision Map 72, Lot 1; Stars Road, East Marion, NY
County Tax Map Parcel No: for a Variance to the Zoning
1000 097-02-016.5. Ordinance,Article III,Section
7:40 p.m. Application for :100-32 ..for permission to
ORIENT-EAST MARION construct carport in the
PARK DISTRICT, by Garrett frontyard area, at 3825 Stars
A. Strang, 54655 Main Road 1pnq j A ocf M NV. .. '±-
}f i
COT
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
June 13,.; 1983
To : Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3146 application of Garrett A. Strang
for Richard DeMaria for a variance. Also included is notification to adjacent
property owners; Short Environmental Assessment Form; Letter relative to N.Y. S .
Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department ;
and survey.
✓f
/Juudi6t�hT. Terry
Southold Town Cler
MOVER
'JUN 1.31983 TOWN OF SOUTHOLD, NEW YORK
TM P L FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ,June 13 , 1983
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (W ....... ..................of ...Ma:Ln..Road.,...S.au
Name of Appellant Street and Number
Southold 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 ...June. 6 , ,1983......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
d...De Maria
Name of Applicant for permit
of Main Road Southold New York
...............................................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( x) Permit To Build
1. LOCATION OF THE PROPERTY .....9.0.0...Uianibaba...Laze.......
A..lt�s.i. .anti.a.1./.Z�gz.�.ouZtural
Street Use District on Zoning Map
.. . ............:.
Map No. Lot N...
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 100-31, Section 100-34
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 ("Vhas not) been made .with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( x) A Variance to the Zoning Ordinance
( )
is requested for the reason that proposed addition infringes on required
rear yard as established by zoning code.
Form zB1 (Continue on other side)
:you.*, iZt:;f:iJ� Rf,`d wi!fiel:o��
REASON FOR APPEAL - ,, Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or -unneces=
sary HARDSHIP because it prohibit construction of proposed addition.
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 due to the substandard lot
and existing .minimum rear yard.
3. The Variance would observe the spirit of..the Ordinance and WOULD . NOT CHANGE THE
CHARACTER OF THE DISTRICT because :'vdriance soughts is minimal in" nature.
STATE OF NEW YORK ) - -
ss ..... ..,,......
COUNTY OF SUFFOLK ) GARRETT A. S' MA�re
Swornto this ...........l3tb.......................... day of.............June.................................. 19 83
........... �. ... . ...... ...........
Notar Public BARBARA A. STRONG
BARBARA A. TRANG NOTARY PUBLIC,State of Newyork
No, 4730095
Qualified in Suffolk County `
Commission Expires March 30, 19.`./
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
NOTICE
• TO
to the Board of Appeals of the Town of Southold _ ADJACENT
TO: ZONING BOARD OF APPEALS PROPERTY OWNER
SOUTHOLD TOWN
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 LJ4A1j ) (Special Exception) ( &k9*R*) (the following relief:
VarianrP 1.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 900 Minnihaha Lane, Southold
87-2-6 1
3. That the property which is the subject of such Petition is located in the following zoning district:
A-1
4. That by such Petition;the undersigned will request the following relief:
Rpcluntinn of rear yard setba kq ablished by zoning
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 B1.1lk Schedule , 100-34
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-Mattituc k 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: June 6 , 1983
C.'
Petition r Garnett A. Strang, R:A.
for Richard DeMaria
Post Office Address
Rnx 1412
Southold, New York 11971
'.409
`� '0C, :'��lY"rfx+ �'�.i51'�k:i r.e4,:'.:I:C.l41 v..Y
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Aubrey Mealy; •Jr .'' Southold, New York 11971
M. Rios 11 Country.' Drive , . Farmingdale , NY . 11735
Lillian Krause Route 1, Box 95 , Leesburg , FLA 32748
r •
STATE OF NEW YORK )
COUNTY OF SQ.FFOLK) SS
JaWesRichter1 , residing at Front Street,
GreenBort, New York , being duly sworn, deposes and says that on the i3fh day
of June , 19 83 , 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 Southold. New .York ;that said Notices were mailed to each of said persons by
(certified) (xe®mtermdo mail..
JAMES RIC R
Sworn to before me this l
day of June , 19 83
� uh �W-
Notary Public
BARBARA A. STRANG
NOTARY PUBLIC, State of New York
No. 4730095
Qualified in Suffolk County
Commission Expires March 30, 1901Y
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:-
(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
a% likely impacts of the action. It is not expected that additional studies, research
O or other investigations will be undertaken.
00
(b) If any question has -been answered Yes the project may be significant and a
In completed Environmental Assessment Form is necessary.
�o
(c) If all questions have been answered No it is likely that this project is
not significant.,
(d) Environmental Assessment
1. Will project result' in a large physical change
to the project site or physically alter more
than 10 acres of land? . . . . Yes X No
rn
2. Will there be a major change to any unique or
unusual land form found on the site? Yes X No
2 3. Will project alter or have a large effect on
an existing body of water? . Yes X No .
4. Will project have a potentially large impact on
o groundwater quality? Yes X No
41
�5 5. Will project .significantly effect drainage flow
0 on adjacent sites?(n Yes X No
6. Will project affect any threatened or endangered
b plant or animal species? � . � Yes X No
re �_
a7. 1 Will .project result in a major adverse' effect on C
air quality? a 6 0 0 0 0 9 a 0 .. . .. Yes X No
A
8. Will project have a major effect on visual char-
z acter of the community or scenic views or vistas
known to be important to the community? . . . Yes _ No
,U) 9. Will project adversely impact any site. or struct-
ure of historic, pre-historic, or paleontological
a0 es
importance or any site designated as a critical
environmental area by a local agency? . . . Y No
10. Will project have a major effect on existing or
`0 0 future recreational opportunities? Yes X No
b 11. Will project.result' in major traffic problems or
cause a major effect to existing transportation
systems?
OYes X No
12. Will project regularly cause objectionable odors,
tr' noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes. X No
O 13• Will project have any impact on public health or
N safety? . .. Yes X No
1L. Will project affect the existing community by
0 directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year
ro period or have a major negative effect on the
character of the community sr-neighborhood? . Yes X No
O
_P 15. Is there public e'ontroversy c cerning the project? Yes X No
� -
PREPA.RER'S SIGNATURE: i TITLE: -Architect
REPRESENTING: Richard DeMaria DATE: June 6 , 1983
9/t/1B
June . 6 , 1983
(Today' s Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal Aoplication .of Garrett A. Strang for R. DeMaria
Location of Property: 900 Minnihaha Blvd.
Southold, New York
Dear Sirs : _
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Par. 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)
( ] 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. *
[ ] Mav 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
,and
the premises .
- [ x ]. 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,
(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.
APPLICATION FOR PUBLIC ACCESS TO RECORDS
TOWN OF SOUTHOLD
SECTION I. TO BE COMPLETED BY APPLICANT
INSTRUCTIONS TO APPLICANT: Please complete Section I of this form. Give the form
to the Agency Freedom of Information Officer. The Freedom of Information Officer will
return one copy to you as a response to your request, or as an interim response.
TO: FREEDOM OF INFORMAT ON OFFICER
AGENCY NAME:
AGENCY ADDRESS:
HEREBY APPLY TO .INSPECT THE FOLLOWING RECORD (Please describe the record
sought. If possible, supply a date, a file title and number, and -any other informa-
tion that will
help locate the record desired) : RECEIVED
v2�l�iu� -
S�T� JUN 2 3 02
- - - -------- ---- Southold Town Clark
Signatureof Applicant and Printed Name: � �-
Applicant Represents:
Applicant's Mailing Address: Po �' � iG� Sou '-�'c� N y
Date of Application:
SECTION II. FOR USE BY AGENCY FREEDOM OF INFORMATION OFFICER ONLY
[ ] Approved
[ ] Denied: (for the reason(s) checked below)
[ ] Confidential Disclosure
[ ] Part of Investigatory Files
[ ] Unwarranted Invasion of Privacy
[ ] Record of Which This Agency is Legal. Custodian Cannot be Found
[ ] Record is Not Maintained by This Agency
[ ] Exempted by Statute Other Than the Freedom of Information Act
[ ] Other (specify) :
[ T"Receipt of this request is acknowledged. There will be a delay in supplying the
requested record until for the following reason:
S' trots, Title: Date:70
"a4 Freedom of Information Officer
SECTION 11.1. NOTICE TO APPLICANT
YOU HAVE A RIGHT TO APPEAL A DENIAL OF THIS APPLICATION IN WRITING WITH-
IN 30 DAYS OF THE DENIAL. INFORMATION AS TO THE PERSON TO CONTACT IS
SHOWN BELOW. THE CONTACTED PERSON MUST RESPOND TO YOU IN WRITING
WITHIN SEVEN BUSINESS DAYS OF RECEIPT OF YOUR APPEAL.
Name: Southold Town Board Business Address: 53095 Main Road Telephone:
Southold, New York 516 765-1800
Southold Town Board of Appeals -14- July 28 , 1983 Regular Meeting
PUBLIC HEARING: Appeal No. 3146 . Application for RICHARD
DeMARIA, by Garrett A. Strang, Main Road, Southold, NY .for a
Variance to the Zoning Ordinance, Article III, Sections 100-31 and
100-34 for permission to construct addition with reduction in
rearyard setback at 900 Minnehaha Boulevard, Southold, near Laugh-
ing Waters; County .Tax Map Parcel No. 1000-087-02-006.
The Chairman opened the hearing at 8 :10 o'clock p.m. and
read the legal notice of hearing in its entirety and appeal
application.
MR. CHAIRMAN : We have a copy of a survey dated June 13, 1983
indicating the new addition approximately 384 feet, reducing -the
rearyard existing setback from 50' to 34 . 1 ' , and I have a copy of
the Suffolk County Tax Map indicating this property and the surround-
ing properties in the area. Mr. Strang, would you again like to be _
heard, in behalf of this application?
GARRETT A. STRANG: Yes. As can be seen from the site plan that
has been presented, the existing residence is relatively small in
size. It' s only 960 square feet. It' s a two-bedroom house as it
exists. The owner, Mr. DeMaria, is presently going to move into his
residence on a fulltime basis. It was a summer home for a while, but
he has in fact sold his full-time residence and is moving out here
on a permanent basis. Consequently, he has a need for a third bed-
room, which will be a master bedroom and bath, actually, which is
what constitutes the addition. As also can be seen from the site
plan, the lot in a substandard lot and by the zoning code, a sub-
standard lot requires a 371,- ' rearyard. What we propose, the addition
encroaches on that somewhat, and that we only have a 34. 1 ' rearyard.
The reason. we had filed for the variance, if one were to look
at the partial floor plan that was developed,_ the bedroom that is
proposed is 13 ' by 14 ' , which is not all that large, and if we were
to have to shave 3z ' off that, it would bring it down to less than
10 ' --one dimension that certainly would not be adequate for a
master bedroom. So, consequently, we have filed for the variance
with the rearyard being minimal--keeping the addition as small as
possible, so that the needed variance would be minimal.
MR. CHAIRMAN : Can you tell me, Mr. Strang, the nature of the
existing garage which appears to be a cottage at this time? Are
there any permits that were granted on that at all?
MR. STRANG: The existing garage as I understand it goes back
many years, and at one point in time I believe there--I 'm not
exactly certain on this--but I believe there was a permit issued
to construct that. I 'm not certain if there' s a Certificate of
Occupancy that exists on it. As far as the use of it goes, I
think for, I believe that the property of the garage and the house
has been in existence for 25+ years, or something like that, and I
think many years ago the garage had been used as an overflow guest
facility at one point. I understand that this is not in fact the
case presently, and it will not be the case.
Southold Town Board of Appeals -15- July 28, 1983 Regular Meeting
(Appeal No. 3146 - RICHARD DeMARIA, continued: )
MR. CHAIRMAN: It will not be the case?
MR. STRANG: As I have been given to understand, it' s not going
to be the case, no.
MR. CHAIRMAN: Thank you very much. Is there anybody else that
would like to speak in favor of . this application? Anyone wishing to
speak against the application? Questions from board members? (None)
Hearing no further questions, I ' ll make a motion closing the hearing
and reserving decision until later.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, to close the hearing and reserve decision until later
in the matter of Appeal No. 3146 , for RICHARD DeMARIA.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
PUBLIC HEARING: Appeal No. 3145. Application of SOUTHOLD
EQUITIES , INC. , 195 Youngs Avenue, Southold, NY for a Variance to
the Zoning Ordinance, Article VII, Section 100-70, for permission
to establish residential and studio use of an existing building in
this "B-1 General Business" District,. located along the south side
of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-
61-01-015. -
The Chairman opened the hearing at 8 :15 o 'clock p.m. and
read the legal notice of hearing in its entirety and appeal
application.
MR. CHAIRMAN : We have a copy of a survey dated July 18, 1978
(amended August 17, 1978) indicating the placement of this struc-
ture on Traveler Street of approximately 41 ' from Traveler Street
and approximately 28 ' from the easterly property line. And I have
a copy of the Suffolk County Tax Map indicating this property and
the surrounding properties in the area. Would somebody like to be
heard in behalf of this application?.
LORETTA DeMAGGIO: I 'm Loretta DeMaggio, the President of
Southold Equities, Inc. And I think it' s explanatory, and if you
have any questions, please feel free. The gentleman (tenant) could
not be present tonight, and we have some square footage you may be
interested in. The area to be used as a residence is approximately
1 , 800 sq. ft. The balance would be used for a studio--the art
would be sculpture. And we had some questions which I raised as
to whether there would be customers--yes, there will, of course,
it is commercial property. That' s not the question. - It' s the
1 residency that we 're concerned with. Thank you.
_1
MR. CHAIRMAN : Thank you, Mrs. DeMaggio. Is there anybody else
Southold Town Board of Appeals -7- August 11, 1983 Special Meeting
RESERVED DECISION : Appeal No. 3146 .
Upon application for RICHARD DeMARIA, by Garrett A. Strang, Main
Road, Southold, NY for a Variance to the Zoning Ordinance, Article III,
Sections 100-31 and 100-34 for permission to construct addition with
reduction in rearyard setback at 900 Minnehaha Boulevard, Southold,
.. . near Laughing Waters; County Tax Map Parcel No. 1000-087-02-606 .
The public hearing concerning this application was held on July 28 ,
1983.
The board made the following findings and determination:
By this appeal, appellant seeks to construct a 24 ' by 16 ' bedroom-
bathroom addition at the rear of the existing one-family dwelling, which
will leave a setback .of 34.1.' from the rear (westerly) property line.
The premises in question is improved with an one-family dwelling struc-
ture and two accessory buildings. The subject premises contains an
area of 12, 738 square feet, and site plan dated June 13, 1983 -.-
depicts a total area covered by structures at 16. 900, which does
not exceed the maximum permitted..
It is the opinion of the .board that the location' of the new
addition is most feasible and reasonable under the circumstances.
The board also determines: (1) that the variance request is not
substantial; (2) that no substantial detriment to adjoining
properties will be created; (3) that the difficulty cannot be
obviated by a method feasible to appellant other than a variance;
(4) that no adverse effects will be produced on available govern-
mental facilities of any increased population; (5) that the relief
requested will be in harmony with and promote the general purposes
of zoning; and (6) that the interests of justice will be served
by allowing the variance, as indicated b-elow.
On motion. byMr._-Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that 'Appeal No. 3146, application for RICHARD DeMARIA
for permission to construct 24 ' by 16 ' addition with a reduction in
the rear yard at 34 .11 , BE AND HEREBY IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS :
That the accessory 24 ' by 26 ' structure revert back to
storage/garage use only, and that all living (habitable) area
be removed.
Location of Property: 900 Minnehaha Boulevard, Southold, near
Laughing Waters, NY; County Tax Map Parcel No. 1000-87-02-006.
Vote of the Board: Ayes : Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent. )
This resolution was unanimously adopted.
Southold Town Board of Appeals -8- August 11, 1983 Special Meeting
RESERVED DECISION: Appeal No. 3154 .
Upon application of HENRY AND VIRGINIA STEINBRECHER, 1525 Haywaters�
Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31 for permission to construct addition with an insufficient
frontyard setback, at 1525 Haywaters Road, Cutchogue, NY; Nassau Point
Subdivision, Section D, Map 806, Lot 333; County Tax Map Parcel No.
1000-111-4-12.
The public hearing concerning this application was held on July 28 ,
1983.
The board made the following findings and determination:
By this appeal, applicants seek permission to construct a 21 ' by
16 ' bedroom-bath addition at the westerly corner of the existing one-
family dwelling structure. The proposed addition would leave a setback
from Haywaters Road at approximately 19 feet at from a tie line along--
Ole Cove Road approximately 66 feet. The present frontyard setback of
the existing dwelling is approximately 35 ' from Haywaters Road. For
the record it is noted that the setback .of the house from the easterly
property line is 44 feet and from the southerly property line approxi-
mately 61 feet. The lot in question contains an area of approximately
27, 000 square feet and is a corner lot as defined by Article III,
Section 100-13 and Article XI, Section 100-119 .
The board members have visited the site in question and are
familiar with the land, improvements and immediate surroundings. \
In considering this appeal, the board determines: (1) that the
variance .request is substantial in relation to the requirements of
_ the zoning' code (more than 53 0) ; (2) that the circumstances are not
unique; (3) that by allowing the variance, as applied, detriment to
other properties may be created; (4) that the difficulty can be
obviated by -a method feasible-other than a variance; (5) that the
relief requested will not be in harmony with or promote the general
purposes of zoning as applied; and (6) that the interests of
justice will not be served by allowing the variance, as applied--
(see notation below) .
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3154 , application for HENRY AND VIR-
GINIA STEINBRECHER by Beachwood Contractors, be and HEREBY IS
APPROVED, PROVIDED THAT THERE BE A MINIMUM SETBACK OF 30 FEET FROM
THE FRONT (WESTERLY) PROPERTY LINE.
Location of Property: 1525 Haywaters Road, Cutchogue, NY;
Nassau Point Subdivision, Section D, Map 806, Lot 333; County Tax
Map Parcel No. 1000-111-4-12.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug-
lass and Sawicki. (Member Doyen of Fishers Island was absent. ) This
resolution was unanimously adopted.
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513 LEE E. KOPPELMAN
DIRECTOR OF PLANNING
August 23, 1983
Town of Southold
Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter_,
the following applications which have been referred to the Suffolk County Planning.
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant -Municipal File Number
Alfred J. Terp 3138
Robert W. Gillispie III 3139
Southold Equities, Inc. 3145
Richard DeMaria 3146
Jack & Lee Lefkowitz 3150
Razmataz 3151
Very truly yours,
Lee E. Koppelman
Director of Planning
Y
GGN:jk Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY • HAUPPAUGE.L. L.NEW YORK ■ 11788
AIR Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission :
xx Variance from the Zoning Code, Article III , Section I00-3I & I00-34
Variance from Determination of Southold Town
Building Inspector
Special_ Exception, Article , Section
Special Permit
Appeal No. : 3I46 Applicant: RICHARD DeMARIA
Location of Affected Land: 90&, Minnehaha Blvd. , Southold
County Tax Map Item No. : i000= 087-02-006
Within 500 feet of :
Town or Village Boundary Line
xx 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.
was granted
COMMENTS: Applicant permission to construct add. with
reduction in rearyard setback.
Copies of Town file and related documents enclosed herewith for your
review.
Dated: August 19, I983
Temp. SecretOiy, Board of Appeals
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AREA : 12,738 (516) 369-1717 (212) 746-3020
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