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HomeMy WebLinkAbout3980 'P APPEALS BOARD MEMBERS ¢, „ SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman . Charles Grigonis, Jr. `��� r r Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 7654823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3980: Application for VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck (with roof) attached to dwelling with a reduced front yard setback and insufficient sideyard setback. Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map District 1000, Section 92, Block 1, Lot 4. WHEREAS, a public hearing was held on November 1, 1990 in the Matter of the Application of VIRGINIA OLGA LEE under Appeal No. 3980; and WHEREAS, at said hearing all those who desired to be heard were heard and ,their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present. zoning, and the surrounding .areas; and WHEREAS, the Board made the following findings of fact: Page 2 - Appl. No. 3980 Matter of VIRGINIA OLGA LEE Decision Rendered November 15, 1990 (d) is the minimum necessary to afford relief; (e) cannot be obviated economically by some method feasible to appellant to pursue, other than a variance; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a variance for the 26 ft. by 7-1/2 ft. (maximum) deck addition with roof in the front yard area as shown on the sketch of a survey filed hereunder, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sides not be enclosed at any time; 2. That the front yard setbacks not be further reduced. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and .Dinizio. (Members Sawicki and Grigonis were absent. ) This resolution was duly adopted. lk GERARD P. GOEHR NGER CHAIRMAN f; ED AND '�f(r fly :Ll�3Sr.uo ` §k.".q'1 009 j v s4 i3t'�R_ :'.g APPEALS BOARD MEMBERS �' ' f'' 2� ,`. '�' SCOTT L. HARRIS r T Seri . �E;� f� Gerard P. Goehringer, Chairman A� Supervisor Charles Grigonis, Jr. ' Town Hall, 53095 Main Road Serge Doyen, Jr. h H. Sawicki P.O. Box 1179 Joseph Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURR.ARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; -Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR. , Owner) . Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East Southold NY; Count � Y Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. No. 3971 - VALERIE M. KR.AMER. Variance to the Zoning Ordinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9) (E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8: 00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane) , Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23 8:05 p.m. Appl. No. 3977 - BETTY J. COPIN. Variance to the Zoning Ordinance, Article III, Section 10.0-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road) , Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC) . Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8: 45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. 9:10 p.m. Appl. No. 3938 - VILLAGE MARINE. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, .if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . /o?. . . . . . . . . . . .. . . . .. To (� :�L. . . .,.�.,GQ,,� . . . . . . . . . . . . . . . . . . . Je PLEASE TAKE NOTICE that your application dated . . �/. . . . . . . . . , . . . ,, 19RD . for permit to ..%� . . . . . .. .�`. . . . . at Location of Property .� ,�. .J.''� . . . . . .!.1. �.. . .�� House No. Street Hamlet County Tax Map No. 1000 Section . . . . .7,P . . . . Block . . . . . /. . . . . . . Lot . .,9. . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . ..'. . . . Lot No. . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .!! �:& . . .'6 , oe . . . . . . . .. yl. . . � 1 . . . . . . . . . . . . .. ,•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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Southold low A-cork TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, Name of Appellant Street,and 'Number ......................�.`��..........................................:............ .........` .......:HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE 'BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ...................:................ DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO /.. �nr,!/ :. .C'� .......��. ....... /Oo, ge* /a73 'Name of Applicant for permit of /1/J -r Q4✓Z 1 i5� �b F_ ttkle CAD 7V ................................................................................................................................. Street and Number Municipality State C ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....................r....,..................................................r-�. ..................... Street /Hamlet / Use District on Zoning Map District 1000 Secti on 9�- Bl ock / Lot .....................,.Current Owner ® � Mop No. Lot No. Prior Owner. & LN C70GG4p 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 Section /.00 •- 20f/-16 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack .of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) OEnot 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 (4!:� A Variance to the Zoning Ordinance is requested for the reason that <oN'-j-v!v4r,-/7 hr � oA/ joq © 0�40/77 , C/-,r 7,6 13"7- /J A CO, i=02 faeck A-T i C1.4-,?— T'/'SF—. Form Zs1 (Continue on other side) �f4"a�!'If§3�I PtiA i2ts��'� ;;a;,•':5'�'•y�2��"��,�'i+ 1 REASON FOR APPEAL Continued 1. STRICT APPLICATION1,96THE ORDINANCE would produce practical difficulties or unneces- sary:HARDSHIP because y �=S.tJx 4C t- 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) G D �) ss zG� COUNTY OF,5I( ) ..Signatur. ................................ Swornto this ..............r.............................. day of........................................................ 19 ?o ......... ......... ..��....K otary Public JOYCE M.MALKINS Notary Public,State of Now York No.4952246,Suffouc Cou Term Expires Juno 12,19.W OF SOUTHOLD kROPERTY--'RECORD CAR OWNER - STRE" T VILLAGE DISTRICT SUB. LOT FORM R OE WNER N E ACREAGE S W TYPE OF BUILDING _RES. SEAS. VL. FARM COMM. I IND. I CB. I MISC. Est. Mkt. Value, LAND IMP. TOTAL DATE REMARKS '� -- S-0 �� �/'"`!-`�QC��. �llY �� t G4, T. p. - ' �}zC VC�ia Tsr.� /I]/moo Z. C � V ( _� -ti : <��J1 77 r �'' .l�'[j� \'CT•` c- C" f- ,GGcI •� i')C.E '�lQ� 1�C^.. 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KUNZ DIRECTOR OF PLANNING 360-5206 December 5, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) 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(s) Municipal File Number(s) Valerie Kramer 3963 Virginia Olga Lee 3980 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb . VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L.1., NEW YORK 11788 (516)360-5192 LAr Lh; APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman Supervisor ���J Y ��- Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-18.00 Pursuant 't•o Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York, hereby refers the following to the Suffolk County Planning Commission : X _ Variance from the Zoning Code , Article XXIV, Section 100-244B Variance from Determination of Southold Town Building Inspector, Special Exception , -Article Section Special Permit Appeal No. : 3980 . Applicant: VIRGINIA OLGA LEE Location of Affected Land: 1455 Cedar Beach . Road East , Southold NY County. Tax Map Item No . 100Q ,^Section 92 , Block 1 , Lot 4 Within 500 feet of: Town or Village Boundary Line _X Body of Water. (Bay`, 'Sound or Estuary) State or County Road , Parkway , Highway , Thruway Boundary of Existing .or Proposed County , State or Federally Owned Land Boundary .of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting gwAxkJAAximkxt)Px approval of deck with roof attached to dwelling redu-ced front yard setback and insufficient sideyard. Copies of Town file and related documents enclosed for your review. Dated : 11/26./90 APPEALS BOARD MEMBERS :.,.� ,. r,.,` SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. - � ? Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD l Telephone (516) 765-1800 November 19, 1990 Mrs. Virginia Olga Lee P.O. Box 1273 Southold, NY 11971 Re: Appl. No. 39aG (Variance) Dear Mrs. Lee: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our November 15, 1990 Special Meeting concerning the above application. Please be sure to return to the Building Department for appropriate permits prior to commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors` Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Mr. Victor Lessard, Principal Inspector Mr. Thomas Fisher , Building Inspector 7_ 47 'a • r i T OCT - ! 1990 I i ' n R i (JwE • D lots 46 IC 1 it t U I •.,�F�� tiva Z Ii �__ .5. �•--�.� cis f na• .. 1, �;i'� c+ ►+ r S ' QV In rt / /l < lt' �t017 ART KXN t • - .t+ UT110Rl1lc „i�:._'_ ::! ••;•`I•r ` THIS Sul'. L r 6FCSlO":i:L' '. MAP AP .J- ` i� �oTf.. �i-. .. �' Y fir• .C; - .. ITS ! P c ""? ,r "r ,• , r t r�, ^tTlos• ' Lai 'KIAvt4bev r��_s:.-, of CN.cIc_7Y Ez.i".tr.:{t P.'.IYI4'� •�i{!'.�S ,}, - �--- . V dv��^- �„'-���`��.t•Q{-,J{Le Cbltlt'�ti I�+ ,kr . FIG Vic_ • St.;ti v, c.,ot-t APPEALS BOARD MEMBERS r., v �,xY�� }.�; � SCOTT L. HARRIS Gerard P. Goehringer, Chairman . ��i' Supervisor Charles Grigonis, Jr. ° � ' ;s j�� Town Hall, 53095 Main Road Sere Doyen, Jr. G' g Y P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3980: Application for VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck (with roof) attached to dwelling with a reduced front yard setback and insufficient sideyard setback. . Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map District 1000, Section 92, Block 1, Lot 4. WHEREAS, a public hearing was held on November 1, 1990 in the Matter of the Application of VIRGINIA OLGA LEE under Appeal No. 3980; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: Page 2 - Appl. No. 3980 Matter of VIRGINIA OLGA LEE Decision Rendered November 15, 1990 1. The premises in question is a triangular-shaped parcel situated along two private roads referred to as Inley Way and Cedar Point Drive East, Town of Southold. The subject parcel has been and is referred to as Lot 91 on the "Map of Cedar Beach Park" filed in the Suffolk County Clerk' s Office as Map No. 90. 2. The subject premises is nonconforming as to lot area in this R-40 Zone District containing a total lot area of approximately 19,995 square feet (as shown on the assessment records for . 459 acre) . The distance of frontage along Inlet Way is shown on the October 15, 1975 survey prepared by Roderick VanTuyl, P.C. as 241. 60 feet and along Cedar Point Drive East 144.12 feet. 3 . The subject premises: (a) is ,improved with a dwelling which has a preexisting, nonconforming front yard setback at approximately seven feet (at its closest point to the westerly property line along Inley Way) ; (b) is also improved with a swimmingpool which is situated to the east of the existing dwelling. 4. By this application, appellant requests a variance for a 7' 2" deck extension into the northerly front yard area which reduces the westerly front yard setback to approximately five feet (and in no event less than four and one-half (4-1/21 ) feet—. 5. Article XXIV, Section 100-244B provides relief to nonconforming lots having a lot area of less than 20,000 square feet in the. front yard at 35 feet. Although the relief requested in relation to the usual minimum requirement at 35 feet for new dwellings is substantial, the relief requested in relation to the established nonconforming setback is not substantial at approximately two feet. (No other variances have been found of record for this parcel. ) 6. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; Page 2 - Appl. No. 3980 Matter of VIRGINIA OLGA LEE Decision Rendered November 15, 1990 (d) is the minimum necessary to afford relief; (e) cannot be obviated economically by some method feasible to appellant to pursue, other than a variance; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a variance for the 26 ft. by 7-1/2 ft. (maximum) deck addition with roof in the front yard area as shown on the sketch of a survey filed hereunder, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sides not be enclosed at any time; 2. That the front yard setbacks not be further reduced. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Members Sawicki and Grigonis were absent. ) This resolution was duly adopted. lk /a-E-RAA/DP. GOEHRINGER CHAIRMAN Var I , to the Zoning Or- 8:05 p.m. Appl. No. 3977- NOTICE OF HEARINGS BETTY.J.COPIN dance to station use on this substandard din Article XXIV,Section the Zoning Ordinr- - Article parcel which contains less than 100-244B for approval of deck '•" ' '�� addition to dwelling with an in- III,Section 100-33B(4)for per- 30,000 sq.ft.in lot area for each ` NOTICE IS HEREBY GIV addition suffi ent sid mission to locate accessory use,and(2)for interpretation as EN,pursuant to Section 267 of eyazd setback and (garage) building partly in the to height limitation of accessory reduced front yard setback.Lot side yard and rear yard with�°' (canopy)structure..Location of r� the Town Law and the Code of area is'nonconforming in this setback at less than the required Property:Corner of the Easter- the Town of Southold, the R-40 Zone District.Location of. 20 feet from the southerly pro- ly side of Factory.Avenue and. following hearings will be held Property: 1455 Cedar Beach perty line. The lot area of this '.Northerly side of'the Main by the SOUTHOLD TOWN Road East,'.. Southold, NY; parcel is nonconforming at Road, 'Mattituck, NY BOARD OF"APPEALS at a County Tax Map Parcel No. 40,000 sq. ft. in this R 80 Zone 1000-142-1-27. Regular Meeting, at the .1000-92-1-4. District. Location of Property: "Matters Recessed from Southold Town Hall, Main 7:45 p.m. Appl. No: 3978= 2195 Albertson Lane, Ar= 'September 26,4990: Road, Southold,NY 11971, on DONALD & DOROTHY shamomaque, Greenport, NY; p m., pp., No. 3955 THURSDAY, NOVEMBER 1, SWAHN.Variances to the Zon- County Tax Map Parcel No. s DOMINICK SBLENDIDO & 1990, at the following times: ing Ordinance,Article III,Sec- 1000.52-5-54. < `::' A. AURICCHIO. 7:36 p.m: Appl. No. 3969- lion 100-32 and Article XXIII, ANDREW BURKARD. Section 100-239 for a 8:15 p.m. Appl. No. 3979- 9:10 'p m:'Appl. No.=3938 approval of THOMAS I GORMAN. Var- •VILLAGE MARINE. Variance to the Zoning Or- insufficient lot area and width iances to the Zoning Ordinance, . The Board of Appeals will atl�1 dirlance, Article III, Section (frontage) of two proposed Article III, Section 100-33 for said time and place hear any ant 100-32 for permission to con- parcels, each with an existing approval of location of two ac-... °Fall struct. two-foot extension of . dwelling, in this pending divi- PP Persons or representatives garage attached to dwelling with Sion of land. Zone District cessory(storage)buildings in the , desiring to be heard in.each.of garage insufficient front yard set- front yard,as exist.The lot area (:the above matters.Written coin- an' Y R40. .Location of-Property: F s back.Zone District:R-40.Loca-: "'' of this parcel is nonconforming. ments:may--Ws •be submitted- South side of Park Avenue, in this R 80 Zone District.Loca- ':-;'prior, to-the,conclusion of the' lion of Property:370 Uhl Lane, Mattituck, NY;.,County Tax tion of Property: 18 Crescent ,subject'hearing. Each hearing Orient, NY; Orient-By-The-Sea Map Parcel No. 1000-123-8-8.. Subdivisoin Lot No. 167, Sec-., Drive, Mattituck, NY, County -.will'not,start before.the time 7:50 m. Appl. No: 3971- ti p• PP Tax Map Parcel No. ':allotted: Additional .time for lion Three,Map 6160; 1000-15L VALERIE M. KRAMERI� 1000-121-4-23. your''presentation will,.be . 5-24.13. Variance to the Zoning Or- 8:25 p.m. Appl. No. 3968=, available,.if needed. For.more -7:35 p.m.'Appl. No 3974- dinance,Article XXIII,Section IRENE R. MILLER. Varian! information,,.,..please.:_;call„.J DONALD L., OSANI (for 239.4B and Article XXVIII, ='to the Zoning Ordinance,Arti- 765-1809. :. GEORGE BRUDERMANN Section 281, for permission to cle IIIA,Section 100-30A.3,and Dated: October-17; 1990. JR., Owner)., Variance to the construct new dwelling structure Article XXIII, Section 100- BY ORDER OF THE Zoning Ordinance,Article IIIA, with an insufficient setback Section 100-30a.3 for approval from existing bulkhead and 239.4A for permission to locate SOUTHOLD.'DOWN BOARD proposed dwelling structure sy; OF APPEALS of re-separation into two from the easterly(front)proper with a setback of less than 100 : GERARD P. GOEHRINGER separate parcels as shown by ty line along Manhanset Avenue feet from the top of the highest . :. ,;' 5'-ir};` '' `'CHAIRMAN separate deed conveyances,each Lot area of parcel is nonconfor- >, ;`' lot having insufficient area and point (top of bluff) on this By Linda Kowalski ming in this R-40 Zone District. 42;930 sq.ft.parcel.The parcel " 3 ty"` IX-10/25/90(2) proposed construction to meet Location of Property: 730 ' s setback requirements for this •in question is nonconforming as q Robinson. Road and 980 R-40 Zone District.Location of . : to lot width (frontage) of less Manhanset,Avenue,Greenport, than the required 150 feet in this , Property:North side of Bayview NY,County Thx Map Parcel No. R-40 Zone District.Location of- Road and the West side of 1000-34-5-20. . Reydon Drive, Southold, NY, • . 7:55 p.m. Appl. No. 3976- `Property: Lake .View Avenue County Tax Map Parcel Nos. THOMAS AND MARIAN (127t feet,southwest of Hun- 1000-79-5-10 and 11. SANTACROCE.Special Excep- tington:Boulevard, a private 0-7 m. Appl. No. 3980- road), Southold, NY; County P• PP tion to the Zoning Ordinance, Tax Map Parcel No. 1000-68 VIRGINIA OLGA LEE. Article III,Section 100-31(9)(E) 3-10for permission to construct off- . 8.35 p.m. Appl. No. 3975- `I premises ground sign to adver- ARTHUR G. CARLSON. In- tise for business purposes.Loca-u terpretation and Variance to the lion of Property for Sign' Zoning Ordinance, Article III, Southeast corner of Shipyard Section 100-30(as disapproved S Lane and the Main Road,East by the Building Inspector) foV Marion, NY; County Thx Map . approval of mariculture uses to ' Parcel No. 1000-38-1-1.2 include delivery and storing of 8:00 p.m. Appl. No.. 3972- seafood, .packaging, freezing PETROL STATION LTD, and /or preparation of raw or Variance to the Zoning. Or cooked seafood(processing)for dinance, Article VII, Section shipping ff- 100-72 for approval of propos- and/or sales for o , premises consumption. Zone ed Lot No.4 which will have in- . ' District: Agricultural- __ sufficient area in this Conservation(AC).Locatiori of :< Residential-Office (RO) Zone property: 1575, Lower:Road,. District. Location of Property: Southold,NY;County Tax Map North side of the Main Road parcel No. 1000-69-5-13.2. (265t feet west of Alvah's I 8:45 p.m. Appl. No.. 3788� :Lane),Cutchogue,NY;County SUN REFINING&MARKET- � Thx Map.Parcel No. 1000-1097 ING.Variance to the Zoning Orti°P i 1-23. �� _ .,;. ;".;; _1 dinance, Article X, .Section 100-102: (1) for permission-to .. establish convenience store use in conjunction with and ac- cessory to the existing gasoline i COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . .... 2S . day of . . . . . �-11 . . . . ., 19 9.'. . . . . . . . . . . . . . . . . . . . . . . . . . . -11 Sworn to before me this . . . . . . . . . a:�. . . . . . . day of � � . . . . , 19 . . . . . . . . . . . . . . . . . .Axl*� . . . . . . . . . . c Notary Public 13 90A7". A. SCHNEIDER wi'- if r uaul,, stag of NW vat No.4806M6 Qualified in Suffolk Coun .Commission Expinxl Y 3Vq'i APPEALS BOARD MEMBERS ,`,` `+ SCOTT L. HARRIS i y' � ' ':. � � Supervisor Gerard P. Goehringer, Chairman vvj, Charles Gri onis, Jr. �! g Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski �o��FFOLI���G APPEALS BOARD MEMBERS nZ+ SCOTT L. HARRIS Gerard P. Goehringer, Chairman VO� • Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. Olt Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF•SOUTHOLD Telephone (516) 765-1800 October 17 , 1990 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3980 . Project/Applicants: Virginia Olga Lee County Tax Map No. 1000- 92-1 -4 v Location of Project: 1455 Cedar Beach Road East , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of deck addition to dwelling with insufficient sideyard setback and reduced front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. a It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2j;, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. MC IT of Property. South Side of Park (frontage)of less than the required \ Avenue,Mattituck,NY;County Tax 150 feet in this R-40 Zone District. 1 Map Parcel No.1000-123-8-8. Location of Property: Lake View 7:50 p.m. Appl. No. 3971' Avenue (127t feet southwest of STATE OF NEW YORK) VALERIE M.KRAMER-Variance. Huntington Boulevard,a private to the Zoning Ordinance, Article road),Southold,NY; County Tax )SS: XXIIL Section 239.4B and Article Map Parcel No.1000-68-3-10. COUNTY OF SUFFOLK) XXVIII,Section 281,for permis- 8:35 p.m. Appw0.3975 sion to construct new dwelling -'. ARTHUR G. CARLSON. structure with an iVisuf€meiedl set- Interpretation-and Variance to the. . Christina V O 11 n S k 1 back from existing bulkhead and . Zoning Ordinance,Article III,Sec- from the-easterly(front)property 'tion 100-30(as disapproved by the said County, being duly sworn,say: line along Manhanset Avenue,Lot Building Inspector)for approval of Clerk of THE SUFFOLK TIMES, area of parcel is nonconforming in maricvl=uses to include delivery this R-40 Zane District.Location of and storing of seafood,packaging,. published at Mattituck, in the Towi Property:730 Robinson.Road and freezing and/or preparation of raw Suffolk and State of New York,and 980 Manhanset Avenue,Greenport, or cooked seafood(processing)for NOTICE OF HEARINGS' NY;County Tax Map Parcel No.__. shipping and/or sales for off- the annexed Is a printed copy,has bt NOTICE IS HEREBY GIVEN, 1000-34-5-20. :' _ .premises consumption.Zone Dis- said Newspaper Once each we porsumt to Section 267.of the Town . 7:55 p.m. Appl. No. 3976 "'. trict: Agricultural-Conservation Law and the Code of the Town of 'THOMAS AND MARIAN SAN- (AC).Location of Property: 1575 successively, commencing On tl Southold,the following hearings TACROCE. Special Exception to'_ "' .,Lower Road,Southold;NY;County:_.,.._ October 19 90 will be held by the SOUTHOLD the Zoning Ordinance,-Article III,, Tax Map Parcel No. 1000-69-5-°:,,;: TOWN BOARD OF APPEALS at a Section 100-31(9)(E)for permission 13 2 - Regular Meeting,at the Southold to construct off-premises ground 8:45 p.m. Appl.No.3788- Town Hall,Main Road,Southold, sign to advertise for business pur- SUN REFINING&MARKETING. . NY 11971, on. THURSDAY, l poses. Location of Property for Variances to the Zoning Ordinance, NOVEMBER 1, 1990. at the i Sign:Southeast comer of Shipyard Article X,Sections 100-102:(1)for, n following times: Labe and the Main Road,East Mari- permission to establish convenient �-_ 7:30 p.m: Appl.No. 3969 on,NY;County Tax Map Parcel No. store use in conjunction with and ANDREW BURKHARD. Variance 1000-38-1-1.2. accessory to the existing gasoline to the Zoning Ordinance,Article III, 8:00 p.m. Appl.No. 3972— station use on this substandard par- Section 100-32 for permission to PETROL STATION LTD.Variant cel which contains less than 30,000 construct two-foot extension of to the Zoning Ordinance,Article sq.ft.in lot area for each use,and garage attached to dwelling with an VIL Section 100-72 for approval of (2)for interpretation as to heiA t Sworn to before me this _ insufficient front yard setback.Zone proposed Lot#4 which will have limitation of accessory (can y) -A District:R-40.Location of Property: insufficient area in this Residential-—, -.*structure. Location of Prof erty: day 0dy/o 19 96� 370 Uhl Lane,Orient,NY;Orient- Office(RO)Zone District.Location d, . .Corner of the Easterly Side 16f Face Nary p By-The-Sea Subdivision Lot No. :of property:North Side of the Mama tory Avenue and.Northeriy Side of �- 167,Section Three,Map 6160; Road (265t feet west of Alvah's the Main Road,Mattituck,NY; �- C'�GQualh 1000-15-5-24.13. t Lme),Cutchogue,NY;County Tax 1000-142-1-27: �`ortimisslt 7:35 p.m. Appl. No. 3974 - Map Parcel No.1000-109-1-23. Matters Recessed from Sentember DONALD L OSAM(for GEORGE 8:05 p.m:Appl. No..3977— 26J 990: BRUDERMANN JR., Owner) BfiTTY J.COPIN..Variance to the 9:00 p.m Appl:No. 3955 DO-, Variance to the Zoning Ordinance, Zoning'Ordinance,Article III,Sec MINICK SBLENDIDO & A Article IDA,Section 100-30a.3 for `lion 100-33B(4)for permission to AURICCHIO. " approval of re-separation into two locate accessory(garage).building 9:10 pm.Appl.No.J938—VIIr separate parcels as shown by sepa partly m thp.side yard and rear yard -IAGE MARINE rate deed conveyances,each lot with a setback at less than the re The Board of Appeals will at said having insufficient area and pro- quired 20 feet from the southerly'`: time and plat hear any and all per- :... posed construction to meet setback ';-.property line.The lot area of this- 'sons or representatives desiring to - :::,requirements for this R-40 Zone -` parcel is nonconforming at 40,000 be heard in each of the above mat- -.'District. Location of Property:. : .sq.ft.in this R-80 Zone District : ten.Written comments may also be '''North Side of Bayview Road and ' -"Location of Property:2195'Albert= .' submitted prior to the conclusion of the West Side of Reydon Drive, -; son Lane,Arshamomaque,Green- the subject hearing. Each hearing Southold,NY; County Tax Map `: ? port,NY;County Tax Map Parcel will not start before the time allot. Parcel Nos.1000-79-5-10 and 11. No.1000-52-5-54. ted. Additional time for your pro- 7:40 p.m. Appl. No. 3980- 8:15 p.m. Appl. No. 3979-.' sentation will be available,if need-i VIRGINIA OLGA LEE..Variance = THOMAS J.GORMAN.Variants dd. For more information;please. to the Zoning Ordinance,Article :` to the Zoning Ordinance,Article III, call 765-1809. XXIV, Section 100-244B for ap- Section 100-33 for approval of loca- Dated:October 17,1990. proval of deck addition to dwelling tion of two accessory (storage) BY ORDER OF THE SOUTHOLD. with an insufficient sideyard set buildings in the front yard,as exist TOWN BOARD OF APPEALS back and reduced front yard set- The lot area of this parcel is non- GERARD P.GOEHRINGER. back.Lot area is nonconforming in conforming in this R-80 Zone Dis- CHAIRMAN this R-40 Zone District Location of trio Location of Property: 18 Cres- By Linda Kowalski Property: 1455 Cedar Beach Road'..,. • v cent Drive,Mattituck,NY;County 6g4�.. _ East, Southold, NY, County Tax Tax Map Parcel No.1000-121-4-23. Map Parcel No.1000-92-1-4. "-8:25 p.m. Appl. No. 3968— 7:45 p.m. Appl. No. 3978 — IRENE R.MILLER.Variant to the DONALD&DOROTHY SWAHN. Zoning Ordinance, Article IIIA, Variants to the Zoning Ordinance, Section 100-30A.3, and Article Article III,Section 100-32 and Ar- 'XXIII,Section 100-239.4A for per- ticle XXIII,Section 100-239 for _ _` mission to locate proposed dwelling approval of insufficient lot area and structure with a setback of less than width (frontage)of two proposed 100 feet from the top.of the highest parcels, each with an existing point(top of bluff)on this 42,930 dwelling,in this-pending division of sq.ft.parcel.The parcel in question land.Zone District:R-40.Location is nonconforming as to lot width ��.�_t�:�. �swno�Qf sT�'a.lWrtMi .• ''�4.•,� Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St. , N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360, Southold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 - J. Kevin McLaughlin, Esq. , P.O. Box 803, Greenport 11944 Karen Hagen, Esq. , P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq. , P.O. Box 23 , Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq. , P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq. , Drawer W, Jamesport 11947 Marie Ongioni, Esq. , P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq. , P.O. Box 1547, Riverhead 11901 APPEALS BOARD MEMBERS t ® ►-�+ SCOTT L. HARRIS .717 Gerard P. Goehringer, Chairman c39� z4 r �, Supervisor Charles Grigonis, Jr. b %ji Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 17 , 1990 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3980 . Project/Applicants: Virginia Olga Lee County Tax Map No. 1000- 92-1 -4 Location of Project: 1455 Cedar Beach Road East , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of deck addition to dwelling with insufficient sideyard setback and reduced front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. i It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me o Gyc z Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY 1 FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD OCT - 21990 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK DATE: OCTOBER 2, 1990 RE: ZONING APPEAL NO. 3980, VIRGINIA OLGA LEE Transmitted is an application for variance submitted by VIRGINIA OLGA LEE together with the Notification to adjacent Property Owners, Notice of Disapproval from the Building Department, Short Environmental Assessment Form, Board of Appeals Questionnaire Form, Survey of Property, and deck addition plan. Judith T. Terry Town Clerk 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : -STATE OF NEW YORK ------------------------------------x 3 2 TOWN OF SOUTHOLD` 4 � U - ZONING BOARD OF APPEALS HEARING 5. NOV 1" 41990 -----XlvS�S;o� 10 6 Town Hall 53095 Main. Road P.O. Boa" 1179 s Southold, New York 11971 9 November 1,. 1990 7:30 P.M. 10 B E"..F 0 R E .12 GERARD P. GOEHRINGER, " 13 Chairman. 14. 15 ' BOARD MEMBERS: . CHARLES'-GRIGONIS, .JR.' w 16 17- SERGE DOYEN, JR. 18 r JOSEPH H. SAWICKI '.Absent 19 JAMES DINIZIO, . JR. 20 pV 21 ALSO PRESENT: L"INDA KOWALSKI&' Board Secretary 22. 23. 24 25 s 1 /i �.J 2 THE CHAIRMAN: If we render a 3 decision around the 15th of November, that a should be okay? 5 MR. OSANI : Yes. Sure. 6 THE CHAIRMAN: We thank you very much 7 for coming in. 8 I make a motion reserving decision 9 until later. 10 MR. DINIZIO: Second. 11 THE CHAIRMAN: All in favor? 12 MR. GRIGONIS: Aye. 13 MR. DOYEN: Aye. 14 MR. DINIZIO: Aye. 15 (Time noted: 7 :38 p.m. ) - 16 THE CHAIRMAN: The next appeal is in 17 behalf of' Virginia Olga Lee, Appeal Number 18 3980. The legal notice reads as follows: 19 (Legal notice read off record. ) 20 THE CHAIRMAN: I have a copy of a 21 sketch of a survey. It appears to be dated 22 October 22, 1982, by Roderick van Tuyl , . 23 P.C. , indicating Lot Number 91 of the 24 original subdivision shown, which there is 25 placed a one and a half story frame home of 2 5 feet or less to Inlet Way, which is, a 3 private road within that subdivision. The 4 nature of this application is a deck which 5 is being extended to the north of the 6 present dwelling. I have a copy of the 7 Suffolk County Tax Map indicating this and 8 surrounding properties in the area. 9 Is there anybody that would like to 10 be heard? 11 MS. LEE: I am Virginia Olga Lee. 12 The original house was built in the forties, 13 I guess, and the side of the house next to 14 the road is not in alignment to the road. 15 So when the deck was added to it, the corner 16 of the deck was closer to the road. I was 17 not aware of this tradition, at the time. I 18 have some photographs, if you would _like to 19 see. 20 THE CHAIRMAN: Surely. Yes. 21 (Ms. Lee handing above-mentioned 22 photographs to the Board. ) 23 MS. LEE: The deck is 7 .foot 2 by 25 24 foot 10. 25 THE CHAIRMAN: Yes. Just for the 1 10 2 record, the pictures that were presented are 3 pictures indicating the deck and in its 4 present status which has a sun visor type of 5 roof over it with columns for the purpose, I 6 assume, of sun protection. 7 Is there anybody else that would like 8 to speak in favor of this application? 9 Anybody that would like to speak against the 10 application? Any questions from Board 11 members? 12 Hearing no further questions, I make 13 a motion closing the hearing and reserving 14 decision until later. 15 MR. DINIZIO: Second. 16 THE CHAIRMAN: All in favor? 17 MR. DINIZIO: Aye. 18 MR. DOYEN: Aye. . 19 MR. GRIGONIS: Aye. 20 THE CHAIRMAN: Thank you very much 21 for coming in, ladies. We hope to have a 22 decision for you in the near future. 23 (Time noted: 7: 44 p.m. ) 24 THE CHAIRMAN: The next appeal is in Cl 25 behalf of Donald Swahn, Appeal Number 3978. 1 1 - 145A 2 3 4 C E R T I F I C A T I O N 5 .... 6 7 I , GAIL ROSCHEN, do hereby certify that 8, I am an Official Court -.Reporter and that the 9 foregoing constitutes a._. arue - and -correct 10 transcript of the Town of Southold Zoning 11: Board of Appeals hearing of November 1, 1990, 12 according to my stenographic notes. GAIL ROSCHEN 14 Official Court Reporter 15 _ 16 17 18. 19 20 21 ' 22 23 24 25 , TOWN OF SOUTHOLD, NEW YORK APPEAL FROM .DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .`d � .�..�...... TO THE ZO ING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .. ... ........1.....1............ .�P...........0 ............................................................................ Name of Appellant Street and Number S&U7-�� ....... .................................................................... 1... i............HEREBY APPEAL TO Municipality State THE.ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .... / / ©G6 . .....��/. ...N. ..... ......... ..... ............ /j Name of Applicant for permit of , ....................................� -e� P/�, ............. ........................... Street and Number Municipality ��State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ............. cS �. J ...��..�...! .... . ..... Street /Hamlet / Use District on District 1000 Section ?--,' Bloak / Lot Zoning Ma ..Current Owner t //1 ��//yf 4-................................................................................ V /vlap No. Lot No. prior Owner ff-Al 694- . 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 x/ v Secti on l© O z V 9'/3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (✓)- 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 (ha as 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 (L,KA Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that J X04-I'7'1,-C' �i-�f� �r .� ; /c��lG7- l j\/ Imo /2 1,v C,�n) �jr2 A701 J/10 Form ZBl (Continue on other side) a rr a d�°o�3'!�.hel;:i f.i•fx.i L'%ii le'�.`J:'t.�a1�'s'Y 'T�.",' .a e REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ss �/i..... . . : �............. .................................... COUNTY OFJ�RZ,< Sign ure Swornto this ........................ .................... day of........... ............................................ 19 , d Notary Public JOYCE M.VMKINS Nory49 b224A�SuffolkNCound Terns LVIIree June 12,19-V TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF, BUILDING .INSPECTOR APPEAL NO. 3 9 Fd DATE ..`dL lfe TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) c�llZ(pIN�.(.A ... I,�AE..................of r ..��(f . .'�.. ......................... Name of Appellant Street and Number ...........:50 fl T 9 ........................................................ �/................. APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ....................... ............................... . WHEREBY THE BUILDING INSPECTOR DENIED TO rt�:lfl-. .Ol-o.. ...� . .................. Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE .. ). PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...../ Sµ �h'E, AJ ........................................................................... ........ Street /Hamlet / Use District on Zoning Map District 1000 Section 9,)-Bl ock f Lot Current Owner VltZ61014 ( clod (x6 Map No. Lot No. P r i or Owner 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.) Arti cle� Section /00 a(�,q 3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( � A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (.State of New York Town Low Chop. 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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 k--) A Variance to the Zoning Ordinance is requested for the reason that C,j[l5 rllu& 7j CG/L UJ -5 50/L7— tV t qR A-D D I PO x) ,t N 1 q 7(- i3or 13 u t t-b c tL D/P N©'- -/ze u'zT5q— �- C_p . r-©2- DL c tc +V- 77fj9.q- `Ti Me Form ZBl (Continue on other side) 5.4C �%ii5a'a•�G!:,.}-,�,y,�Y`�5�1�t' REASON FOR APPEAL Continued . 1. STRICT` APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 _ 3. The Variance would observe the spirit of .the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because. STATE OF NEW YORK ) . . . . .... .. ................................. ss COUNTY OFcfl! CA614 ) Si ature Swornto this ....................../.................... day of.... .......... ...................................... 19 Fp ............ ...... .4 ^".' ..;.......... Notary Public .lpYCE M.WILKINS Yofk No.4952248.u folk C.00uunty Term Expires June 1Z.19i.� BOARD OF APPEALS, TOWN OF SOUTHOLD I the Matter of the Petition 4o j NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 67Z� �-� 11766,17 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 ariance (Special Exception) (Special Permit) (Other) [circle choice] 1- 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: /®D - Z-:;—, -/—#5 4 That b� such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article _X—x—r7— Section /00 — _-I��/Fi [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matti tuck 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: leg% /JO Petition Owners ' Names : Post Office Address 95Q /z 73 Tel . N o . � ) ��S --S^�d 7 I_11);_3P4V-M "lleft [Copy of sketch or plan showing proposal to be a1' ;°rfor: a":ri't.'nience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAMIE ADDRESS STATE OF NEW YORK COU TY OF SUFFOL ) ss.: �( residing at / `Z being duly sworn, deposes and says that on the day of Cz , 19 cam, 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 � —z�� ��C ; that said Notices were mailed to each of said persons by (certified) (registered) mail. LC �- Sworn to before me this day of , 19 q Notary Public .lDM M.WILMS Nmrv,PublK Beats of Newyork No.4952245,Suffolk Courft Term Expires June 12,19 ( This side does not have to be completed on form transmitted to adjoining property owners . ) 14-164(21871—Text 12 PROJECT I.D.NUMBER 617,21 k SCG1R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPYCANT/SPONSOR 2. PROJECT NAME 3. PROJECT Municipality TION: �J �E✓�/9 F County1 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,Or provide map) gs- (fea*2_ 6c0- IZ9 e 5. IS PROPOSED ACTION: ❑New ❑Expansion ❑Mod if feat ionlalteratIon 6. DESCRIBE PROJECT BRIEFLY: CKr'9T( fUG D(—Glc 7. AMOUNT OF LAND AFFECTED: /)— Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ❑No If No,describe briefly 9. IS PRESENT LAND USE IN VICINITY OF PROJECT? WHA Residential ❑Industrial Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)? , Yes ❑No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes ❑No If yes,list agency name and permit/approval - /v 12. AS A RESULT OFPOPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: G v Dale: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be Hiade by this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (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 the 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 answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change e to the project site or physically alter more than 10 acres of land? / _Yes VINO 2. Will there be a major change to any unique or unusual land form on the site? _Yes No 3. Will project alter or have a large effect on an existing-body of water? Yes' ✓ No 4. Will project have a potentially large- impact on /groundwater quality? Yes +' No 5. Will project significantly effect drainage flow on adjacent sites? ' _Yes VINO 6. Will project affect any threatened or endangered plant or animal species? Yes V/No 7. Will project result in a major adverse effect on air quality? _Yes _No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas /known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical /environmental area by a local agency? Yes VINO 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 disturb- ance as a result of the project's operation? Yes No 13. Will project have any impact on public health or safety? • _Yes No 14. Will project affect the existing community by /No directly causing a growth in permanent popula-tion of more than 5 percent over a one-yeareyes period or have a major negative effect on the character of the community or neighborhood? /15. Is there pub i controversy conce ning the / project? vvv —Yes V yo Preparer's Signature: Representing: 28A V/75 Date: QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED IETII YOUR APPLICATION FOILUIS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) ' ' Yes No b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? es 4. Are there any existing or proposed fences, concrete barriers,,,decks, etc? a No S. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ­ - ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . . . " ft. Yes NO O. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes t State Permit # and Nature: 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : • Planning Board ' Yes Town Board Yes Town Trustees Yes County Health Department Yes o Village of Greenport Yes o N.Y.S.D.E.C. Yes N Other Yes 1 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. .(from contract) Yes No') 11. Is' new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within -- 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed SCE M& Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of App als in considering my application. 7 Signature ( operty Owner Authorized Agent) 1/88 i• ' WETLANDS (Amended 8-2G-7G by L.L. No. 2-1976:3-26- - 85 by L.L.No.G-1J851: r A. TIDAL WETLANDS: (1) All lands generally coverecl or intermittently rov- cred with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tirle are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, swamps• meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs. meadows, flats and tidal marsh - • subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass. saltworts. sea lavender, tall cordgrass. high bush, cattails, groundsel. marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al'.'.) and lying within seven- ty-five (75) feet landward of the most landward edge of such a ticlal wetland. B. FRESIIWATER WETLANDS: (1) "Freshwater wetlanAs"as defined in Article 24.Ti- tle 1, § 2-1-0107, Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York:and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection BM and lying wit}t- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." ( 9705