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HomeMy WebLinkAbout3475 Southold. Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I.. N.Y. 11g";1 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3475 Application Dated February 27, TO: Mr. Joseph H. Sawicki, Jr. North Road Southold, NY 11971 1986 (Public Hearing March 13, 1986) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 3, ]986, the above appeal was considered, and the action indicated below was taken on your [×] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of JOSEPH H. SAWICKI, JR. for a Variance for approval of access over a private right-of-way located off the South Side of Old North Road, Southold, NY; premises presently of Schaefer and iden- tified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, Lot 4. WHEREAS, a public hearing was held and concluded on March 13, 1986 in the Matter of the Application of JOSEPH H. SAWICKI, JR. under Appeal No. 3475; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property to which appellant is requesting approval of access to is located in an "A-40" Residential and Agricultural Zoning District and is a part of premises presently of Helen R. Schaefer as described by deed at Liber 8307 cp 456 dated September 7, 1977 of 1.750 acres, known and identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, Lot 4. 2. The right-of-way in question is situate along the south side of Old North Road, Southold, and extends in a southerly direc- tion of 330 feet, more or less (175' and 155' lengths) to the premises under contract with the applicant having a width of 128.02 feet and area of 40,000 sq. ft. as shown on survey dated January 21, 1986 prepared by Roderick VanTuyl, P.C. and the subject of a prior variance under Appeal No. 2359 dated November 3, 1977. 3. The first 40 feet is part of the driveway to the house on the first lot (presently of John Schaefer), 10 feet, more or less in width, and in good condition. The next 157 feet is a continuation of access to the house and garage on the second lot (presently of Helen Schaefer) eight feet in width and consisting of 1-inch, more (CONTINUED ON PAGE TWO) DATED: April 8, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3475 Matter of JOSEPH H. SAWICKI, JR. Decision Rendered April 3, 1986 or less, of asphalt mix with stone chips on a stable base. The top section is in fair condition. 4. After inspection and reinspection, it is the opinion of the board members that improvements are necessary to provide suit- able access as required by New York Town Law, Section 280-a, for emergency and other vehicles (as noted below). In considering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoinin9 properties~ (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, conditionally as noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that the relief requested under Appeal No. 3475 in the Matter of the Application of JOSEPH H. SAWICKI, JR. for approval of access as required by New York Town Law, Section 280-a, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. There shall be a minimum open and unobstructed access width within the legal right-of-way of 12 feet; and 2. The right-of-way shall have an improved width of lO feet and commencing at a point approximately 175 feet in length (extend- ing from the south side of the Old North Road) shall be improved as follows: (a) Excavate eight inches [8"] deep; (b) Replace with eight inches [8"] bank run stone blend content); (with 20% (c) Place a top course of two inches [2"] compacted stone blend. 3. This 280-a variance with conditions may be recognized as approval of access under the requirements of New York Town Law for the northerly lot (presently of Helen Schaefer), but is not to be recognized as approval of access for any other lots which may be established in any future set-off divisions or subdivisions, unless so recommended in writing by the Building Inspector and filed with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Grigonis. (Member Sawicki was absent during this action.) This resolution was duly adopted. lk AND FILED BY SOO'mCZD ¢OWN C .r. X DATEZ~/~/e~ HOUR ~ i~ Tow~ GERARD P. GOEHRINGER, C~AIRMAN Apriq 8, 1986 L � e I . NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Road , Southold , NY at a Regular Meeting commencing at 7 : 30 p .m . on 'THURSDAY , MARCH 13 , 1986, and as follows : 7 : 30 p .m. Appeal No . 3432 - Recessed Hearing in the Matter of JOHN AND JOYCE HOLZAPFEL . 7 : 35 p .m . Appeal No . 3457 = RALPH AND LUCILLE STOCKER for permission to construct new dwelling requiring Variances to the Zoning Ordinance : (1 ) Article III , Section 100-31 , Bulk Schedule , for excessive lot coverage , and (2 ) Article XI , Section 100-119. 2 for reduction in the required setback from' -bulkhead and tidal waters to less than 75 feet . Location of Property : 1080 Maple Lane (a/k/a 55 Snug Harbor Road ) , Greenport ; Cleaves Point, Section 3 , Map #4650 , Lot 59 ; County Tax Map Parcel No . 1000-35-05-28 . 7 :40 p .m. Appeal No . 3452 = PAUL FORESTIERI for Variances to -. the Zoning Ordinance., ' Anticle.. I'I.I , . Section :. 100=31 , : Bulk. Schedule . for permission to locate new dwelling -with insufficient front and rear yard setbacks . Location of Property : East End of Sound View Avenue (South End of Fasbender Avenue ) , Peconic ; Bailey Park Subdivi - sion , Lots 1 , 25 3 , 45 5 ; County Tax Map Parcel No . 1000-67-06-004 . 7 :45 p .m . Appeal No . 3470 - ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance , Article III ,. Section 100-31 , Bulk Schedule for permission to construct addition of 190± sq . ft . in area which will exceed the maximum-permitted the lot coverage requirement of 20%. Location of Property : 17195 Main Street (a/k/a 720 Second Street ) , New Suffolk , NY ; County Tax Map Parcel No . 1000-117-08-13 . 7 : 50 p .m. Appeal No . 3447 - PUDGE CORP . for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 ( B ) for permission to establish one or more of the following uses within the buildings proposed to be constructed as shown by site plan revised 7-9-85 : professional offices ; electrical contractor shop ; plumbing shop ; furniture repair shop ; carpenter shop , cabinet shop ; printing estab- lishment ; food processing ; packaging of machine parts to be shipped ; such uses as. allowed in this C-1 Heavy Industrial Zoning District . Location of Property : East Side of Horton ' s Lane , Southold , NY ; County Tax Map Parcel No . 1000-63-01 -10 . Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13 , 1986 7 : 55 p .m . Appeal No . 3459 - 125-127 MAIN ST. CORP . (MILLS & CO . ) for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B) for permission to utilize premises and construct addition for the manufacture of sails , canvas products and related items , and office and storage area incidental thereto , in this "C-Light" Industrial Zoning District . Location of Property : 74100 Main Road , Greenport , NY ; County Tax Map Parcel No . 1000-45-06-006 . 8 : 00 p .m . Appeal No . 3465 - VELIMIR AND HEDA VRANKOVIC for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of the construction of second-story deck addition with an insufficient frontyard setback . Location of Property : 1625 Sandu Beach Road (a/k/a 55 Bay Road ) , Greenport , NY ; County Tax Map Parcel No . 1000-43-04-45 . 8 : 05 p .m . Appeal No . 3460 - MICHAEL J . PERLMUTTER , M. D . for a Variance to the Zoning Ordinance , Article III , Section 100-30 ( C) [1 ] (a ) for permission to utilize premises and addition for accessory home occupation use (physician ' s office ) .in . excess' of maximum-permitted 30% first floor area . Location of Property : 2035 Theresa Drive , Mattituck ; Deep Home Creek Estates Filed Map 4256 , Lot 59; County Tax Map Parcel No . 1000-115-16-15 . 8 : 10 p . m . Appeal No . 3450 - ROSALIE GOWEN for Vari.anceszto the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of: (1 ) insufficient lot area , (2 ) insufficient lot width , (3 ) insufficient lot depth , of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road , Cpt . Kidd Drive and Central Drive , Mattituck , NY ; Cpt . Kidd ' s Estates Filed Map #1672 , Lots 1345 153 , 154; County Tax Map Parcel No . 1000-106-02-32 and 43 . 8 : 20 p .m. Appeal No . 3474 - DAVID M. JOHNSON for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to construct addition with an insufficient sideyard setback and in excess of maximum-permitted 20% lot coverage . Location of Property : 385 Corey Creek Road , Southold , NY ; County Tax Map Parcel No . 1000-87-5- 13. 8 : 35 p .m. Appeal No . 3463 - EDMUND PRESSLER for a Variance to the Zoning Ordinance , Article VII , Section 100-71 , Bulk Schedule , and ` s Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13 , 1986 Article VII , Section 100-70 (A) [1 ] (d ) , for permission to utilize premises of 68 , 912 sq . ft. in area as a continuing nonconforming two-family dwelling and add two retail sales/office. uses in this "B-1 " General Business Zoning District . Location of Property : North Side of Main Road , Southold, NY ; County Tax Map Parcel No . 1000-63-3-26 . 8 : 45 p .m. Appeal No . 3455 = 'KATHLEEN VARANO for a Variance to the Zoning Ordinance , Article XII , -Section 100-121 ( D) [1 ] for a .clar- ificatioh and/or correction of the interpretation of the Building Inspector of Condition in Appeal No . 3330 rendered by the Board of Appeals May 2 , 1985 -which allows no sleeping or 1-iving quarters in the accessory garage/apartment structure . Location of Property : 6600. (o.r,-.6750). :Ind.i,an. Neck. Road,.. Peconic, NY; County Tax Map Parcel No . 1000-086-07-004 . 8 : 55 p .m. Appeal No . 3421 - Recessed Hearing - ESTATE OF JOSEPH ZIELONKA to be reconvened. 9 : 05 p .m. Appeal No . 3451_ = 'BEDELL WINERY/VINEYARDS for a Special Exception to the Zoning Ordinance , Article III , Section 100-30 (B ) [14] for permission to establish winery use from grapes grown on the premises , located at 36225 Main Road , Cutchogue , NY ; County Tax Map Parcel No . 1000-85-.02-10 . 9 : 10 p .m. Appeal No . 3456 - 'RICHARD AND ANITA WILTON for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of proposed lots having insufficient area , width and/or depth in this pending -division of land , .located at the East Side of Queens Street , Greenport , NY ; -County Tax Map Parcel No . 1000-40-3-6 . 9 : 20 p .m. Appeal No . 3466 = GREGORY SIMONELLI for a Variance to the Zoning Ordinance , Article-- III, Section 100-31 , Bulk Schedule , for approval - of proposed lots having insufficient area and width in this pending division of land , located at the East and�South Sides of Grand Avenue , Mattituck , NY ; County Tax Map Parcel No . 1000-107-02-04 . 9 : 25 p .m. Appeal No . 3475 - 'JOSEPH 'H . SAWICKI , JR. for a Variance for approval of access pursuant to - New - York Town Law , Section 280-a , over a private - right-of=way located off the South - Side of Old North Road , Southold , NY ;- premises presently of Schaefer and identified on the Suffolk County Tax Maps as District 1000 , Section 55 , Block 2 , Lot 4 . 9 : 30 p .m . Appeal No . 3453 = SAMUEL K .C . and ELIZA PLIMPTON KOPPER for a Vari-ance to the Zoning Ordinance,- Arti-cle III , Section 100-31 , Bulk Schedule , for approval of proposed three lots having insufficient area and width located along the west side of Indian Neck Road , Peconic , z Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 13 , 1986 NY ; County Tax Map Parcel No . 1000-86-4-1 . 2 , consisting of a total acreage of 5 . 00 . The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Written comments may also be submitted prior to the conclusion of the hearing in question . For more information , please call 765-1809 ( alt . 1802 ) . . Dated : March 4 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN lk ----------------------------------------------------------------------x INSTRUCTIONS TO NEWSPAPERS: Please publish once , to wit : March 6 , 1986 and forward affidavits of publication to : Board of Appeals , Main Road , Southold , NY 11. 971. , on or before March 11. , 1986 . ------------------- - ---------------------------------------------------x Copies to the following 3/4/86 : Mr . and Mrs . John Holzapfel , 825 South Harbor Road , Southold , NY 11971 Mr . Garrett A. Strang , Architect for Mr . and Mrs . Ralph Stocker , P .O . Box 1412 , Southold , NY 11971 Mr . Paul Forestieri , 300 East 54th Street , New York , NY 10022 Mr . and Mrs . Athanas Zamphiroff , P . O . Box 255 , New Suffolk , NY 11956 Mr . James Gray , Sr . , Pudge Corp . , P . O . Box 1465 , Southold , NY 11 �971 Mills & Co . , 125-127 Main St . Corp . , 125 Main Street , Greenport , NY 11944 William D. Moore , Esq . ( c/o R. F . Lark , Esq . ) , ' P . O . Box 973 , Cutchogue , NY 11 for Mr . and Mrs . Velimir Vrankovic Michael J . Perlmutter , M . D . , 2035 Theresa Drive , Mattituck , NY 11952 Abigail A. Wickham , Esq . for Mrs . Rosalie Gowen , Box 1424 , Mattituck 11952 Mr . and Mrs . David M. Johnson , Koke Drive , Southold , NY 11971 Gary Flanner Olsen , Esq . , for Mr . Edmund Pressler , Box 706 , Cutchogue 11935 Richard F. Lark , Esq . for Mrs . Kathleen B . Varano , Box 973 , Cutchogue 11935 William W. Esseks , Esq . for Mrs . Odell and Katzenberg , Box 279 , Riverhead Mr . John Wickham , for the Estate of J . Zielonka , Main Road , Cutchogue 11935 Mr . Merlon Wiggin , President , Peconic Assoc . for Bedell Winery P . O . Box 672 , Greenport , NY 11944 Richard F : Lark , Esq . for RICHARD AND ANITA WILTON Gary Flanner Olsen , Esq . for GREGORY SIMONELLI Mr . Joseph H . Sawicki , North Road , Southold , NY 11971 Mr . John De Reeder as agent for MR . AND MRS . SAMUEL KOPPER Mr . and Mrs . Samuel K . C . Kopper , 310 PlymouthSt , Pembro e , MA 02359 Town Clerk and Z . B .A. Bulletin Boards Supervisor , Town Board , Z . B .A. , P . B . , .and Building Dept . Individual Z . B .A. files 1A 71R TOWN OF SOUTHOLD, NEW YORK FEB 2 71986 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. .311- 7S Town Clark Southold Feb. 27 . 1986 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ►]o.Se.p.h...H-...Sa.wJ-ck.i....................................................of ......4Vd•rt.h....Roa-d.............................................. Name of Appellant Street and Number So u t h.4.1..�.�...�lX...]..1.97..1.................................................. NY ..........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PE MdTXN0. CD................................ DATED JP_.hr,u.ar..,y...2_5.....LR8b............ WHEREBY THE BUILDING INSPECTOR DENIED TO jQ.S.PAh..H. Sawi.Q.U.a. .. .X....................... Name of Applicant for permit of Main Road Southold New York 11971 Street and Number Municipality State ( ) PERMIT TO USE (X ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...RON...o.f.f....So.ut.h...S.U.e....o.f....:'.01.d...Rox.tb...R.o.dd.......... A Zone Southold , NY Street Use District on Zoning 'Map ......................... ... ...............Current Owner Schaefer to Sawicki Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X ) 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) (IM ) 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 ( x) request for a variance -area and was made in Appeal No. .................Dated ....I.I.,1.O,f Z7....-...he.l.en...R...... $.G�l.d.�.f.�r.: REASON FOR APPEAL (X ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Certificate of Occupancy is conditional upon receiving approval of access over this private right-of-way for emergency and other vehicles . Form ZBl (Continue on other side) REASON FOR APPEAL Continued, ' ;•3 '..J-J`i 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or„unneces- sory HARDSHIP because this parcel would be unbui 1 dabl e without proper building permits and approval of access pursuant to New York . Town Law , Section 280-a . 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 t hi s property is vacant . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT .CHANGE THE CHARACTER OF THE DISTRICT because this property is zoned "A" residential and agricultural and is proposed to be used for such- purposes . STATE OF NEW YORK ) ss . .. ..... . .� . ............. ........ . .... COUNTY OF S U F FOL K ) Signature Sworn to this ..2.5 t h................................... day of............Ee.b.1."U.d rV.......................... 1986 . LINDA F. KOWALSKI ` NOTARY PUBLIC, State of Now ygfk ✓.. ... . ....... ....... ....... ........:..... No.52.4524771 otary Public Qualified in Suffolk County Commission Expires March 30, 1984 TOWN OF SOUTHOLD PROPERTY RECORD CARS OWNER STREET VILLAGE DIST. ' SUB. LOT FORMER OWNER N . E AC . . o W TYPE OF BUILDING RES /v SEAS. VL. I FARM COMM. CB. MILS. Mkt. Value LAND IMP. TOTAL DATE REMARKS n /4 a o g 2 d v U7 vti T% o - �G7& JChni P1-PP Tillable FRONTAGE ON WATER Woodfarsd FRONTAGE ON ROAD o o O -Aeodovq kxtl DEPTH 'o,use Plot BULKHEAD Total M . 3 / COLOR TRIM I I I M. Bldg. Extension Extension I g F Extension Foundation v Bath Dinette Porch /y 3� �.d Basement v Floors K. Porch Ext. Walls ; ,c , i1 Interior Finish ;�� LR. Breezeway Fire Place `. :� Heat �r/ DR. Garage I . 2 3 7 �> 3 7 Type Roof Rooms 1 st Floor BR. Patio: - Recreation Room Roams 2nd Floor FIN. B / 0. B. Dormer Driveway Ar o� cry Southold , Town. Board of Appeals .MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 24 , 1986 Mr . Joseph H. Sawicki , Jr. North Road Sout.hold , NY 11971 Re : Appeal No . 3475 (280-a Variance ) Dear Joe : This letter will confirm that the following action was taken by the Board of Appeals at our Regular Meeting held September 11 , 1986 concerning the above matter : RESOLVED, that the improvements within the right-of-way as required by Conditional Aariance , No . 34.75 rendered April 3 , 1986 , as inspected by Member Grigonis of recent date , BE AND HEREBY IS 'ACCEPTED, subject to continuous maintenance _ at . a l . times in . good condition . This resolution was duly adopted. Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals -43- September 11 , 1986 Regular Meeting ACCEPTANCE OF RIGHT-OF-WAY IMPROVEMENTS : Appeal No . 3475 : Joseph H. Sawicki , Jr . Member Grigonis reported that he recently inspected the improvements constructed within the r, subject right-of-way as required by conditions rendered April 3 , 1986 , in this 280-a application , and recommended acceptance of same . Accordingly , on motion by Mr. Goehr.inger , seconded by Mr. Grigonis , it was ' RESOLVED , that the improvements within the right-of-way as required by Conditional Variance , No . 3475 rendered April 3 , 1 1986 , as - inspected by Member Grigonis of recent date , BE AND HEREBY ARE ACCEPTED, subject to continuous maintenance at all times in good condition . Vote of the Board : Ayes : Messrs . Goehring.er , Grigonis , Doyen and Douglass . (Member Sawicki abstained - from discussions and vote. ) SIGN RENEWALS : On motion by Mr . Grigonis , seconded by Mr. Doyen , it was RESOLVED, to approve the following annual Special Exceptions (concerning off-premises-advertising signs ) for a period of one year , subject to the Federal Highway Beautification Act and funding laws for' highways : I . Appeal No . 279 - Mattituck Merchants 2 . Appeal No . -442 - Young ' s Boatyard 3 . Appeal No . 889 - Joseph Cherepow'icz 4. Appeal No . 907 - Orient Country Shore 5. Appeal No . 930 - Silvermer.e Bungalows 6 . Appeal No . 935 - Mattituck Plumbing and Heating 7 . Appeal No . 962 - Raynor-Suter Hardware 8 . Appeal No . 1003 - Richard MacNish 9. Appeal No . 1013 - Russell Silleck Agency 10 . Appeal No . 1020 - Southampton Lumber Corp . (Reeve ) 11 . Appeal No . 1025 - Frank and Robert Klos 12 . Appeal No . 1028 = Frohnhoefer Electric 13. Appeal No . 1029 - Steve J . Doroski 14 . Appeal No . 1042 - Porky ' s Restaurant 15 . Appeal No . 1072 - Thomas and Florence Jurzenia Ln 4F Southold Town Board of Appeals MAIN ROAD - STATE F40AD 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 April 8 , 1986 Mr. Joseph H. Sawicki , Jr. North Road Southold , NY 11971 Re : Appeal No . 3475 (Variance ) Dear Joe : Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals 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 their authoriza- tion of any new construction , or for other written 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 By Linda F. Kowalski Secretary Enclosure Copy of Decision to; Building Department r ~` UNA,, =� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit , L. I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802) . Yours very truly , GERARD P. GOEHRINGER CHAIRMAN lk Enclosure o y z � L Southold ' Town Board of Appeals - MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (5.16) 765-1809 APPEALS BOARD MEMBERS March 13 , 1986 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL' DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3475 PROJECT NAME: JOSEPH H . SAWICKI , JR . This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below'. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: . [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of access pur- suant to NY Town Law , Section 280-a , over private right-of-way. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: South Side of Old North Road , Southold ;' 1000-55-2-4 . REASON (S) SUPPORTING THIS DETERMINATION: .. (1) An Environmental Assessment in the short form has been submitted which indicates that no significan-t adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The premises in. g_uestion is not located within 300 feet of tidal wetlands . (V Access u der co sideration a d possiblQ improvement is an existing tr.ave�led roadway, landwar of existing structures . FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold, Town Board of Appeals,. Town Hall, Southold; NY ..11971; tel 516- 765-1809 or 1802. Copies. of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. To: Gerard P. Hoehringer, Chairman Report No. 490 Southold Town Board of Appeals From: John W. Davis Date: March 4, 1986 Re: Variance Application of Joseph H. Sawicki of �- Approval of Access — ROW off s/s Old North Rd. , Southold I Comments: �- There is an existing entrance in the 20 ft. width private R:O.W. as follows: The first 40 ft. is part of the driveway to the house on the first lot, is asphalt, 10 ft.± in width and in good condition. The next 157 ft. is a continuation of access to the house and garage on the second lot. It is 8 ft. in width and consists of 1"± of asphalt mix with stone chips on a stable base. The top section is not in good condition and is starting to break up. The remaining distance to the Sawicki lot, 150 ft.± could be original ground. A few test probes showed topsoil and a mixture of sand, gravel and loam. Recommendations: 1 . Hold the first 40 ft. of the access. 2. Width to be 10 ft. for remaining distance of access to the Sawicki lot. 3. Remove topsoil where found in the last 150 ft. for a depth of 8" and replace with 8" of sand and gravel bankrun (gravel content to be 20%) . 4. Place a compacted top course of 3/4" stone blend for a depth of 2" on the total length except for first 40 ft. JLY2z2l a John W. Davis � � � J 3/,0 To: Gerard P. Hoehringer, Chairman Report No. 490 Southold Town Board of Appeals From: John W. Davis Date: March 4, 1986 Re: Variance Application of. Joseph H. Sawicki of 3 �� Approval of Access - ROW off s/s Old North Rd. , Southold Comments: There is an existing entrance in the 20 ft. width private R.O.W. as follows: The first 40 ft. is part of the driveway to the house on the first lot, is asphalt, 10 ft.± in width and in good condition. The next 157 ft. is a continuation of access to the house and garage on the second lot. It is 8 ft. in width and consists of 1"± of asphalt mix with stone chips on a stable base. The top section is not in good condition and is starting to break up. The remaining distance to the Sawicki lot, 150 ft.± could be original ground. A few test probes showed topsoil and a mixture of sand, gravel and loam. Recommendations: 1 . Hold the first 40 ft. of the access. 2. Width to be 10 ft. for remaining distance of access to the Sawicki lot. 3. Remove topsoil where found in the last 150 ft. for a depth of 8" and replace with 8" of sand and gravel bankrun (gravel content to be 20%) . 4. Place a compacted top course of 3/4" stone blend for a depth of 2" on the total length except for first 40 ft. cyja ` John W. Davis Southold Town Boardt ® Appeals WAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., 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 February 27 , 1986 Mr . John W. Davis Sterling Road Cutc.hogue , NY 11935 Re : Variance Application of Joseph H. Sawicki Approval of Access - ROW off S/s Old North Road , Southold Dear Mr . Davis : This letter will confirm that the Z . B .A. requests your inspection , report and recommendations concerning approval of access over a private right-of-way located off the south side of Old North Road , Southold (just west of the Antone Grigonis Right-of-way recently inspected ) extending a distance of approximately 335 feet from the Old North Road to the premises in question (presently of Schaefer (survey dated January 215 1986 of Joseph Sawicki . is attached ) .. Thank you for your assistance . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure a F SUFFOLK ss: NEW YORK .Wood, being duly sworn, says that she is the THE LONG ISLAND TRAVELER-WATCHMAN, / ewspaper printed at Southold, in Suffolk County; he notice of which the annexed is a printed copy, published in said Long Island Traveler-Watchman week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks G � ly, commencing on the . . . . . ... . . . . . . . . . . . . . . . r . . . . . .. 19 .��. r . . . . . . . . . . . . . . . .�. . . . . . I 5rtoefore me this . . . . . . . .7. . . . . . . . . . . . day of `. .`... . . . . . . , 19 .z...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . Notary Public BAR13ARA FORBES Notary Public, State of New York No. 4806846 j (qualified in Suffolk County Commission Expires a-7-3 19 e.P i I NOTICE_ construcuon' ofsec"o—nd-story WINERY!VINEYARDS for a deck add''' with an`insuffi- Special Exception to the Zoning ,,NOTICE IS HEREBY GIV cient frot 1 seiback. Loco-,; Ordinance;"Article III,' on ' ',p,- tion of f... .,rt 1625 Sandu:, 100-30 EN,pursuant to Section 267 of '' r Y+. (B)[14]for permi,__---to the Town Law and the Code of Beach Road (a/k/a 55 Bay ' establish winery use from grapes the Town, of Southold, the Road), Greenport,NY, County grown on the premises, located following public hearings will be' ' Tax . 'Map Parcel' No. at. 36225 Main Road, Cut- held by the SOUTHOLD 100043-04-45.: . drogue, NY; County Tax Map TOWN BOARD OF APPEALS 8:05 p.m. Appeal No.,3460- Parcel No.'1000-85-02-10. at the Southold Town Hall, MICHAEL J.PERLMUTTER, 9:10 p.m. Appeal No. 3456- � is the Main Road, Southold,NY ata M.D.for a Variance to the Zon- RICHARD AND ANITA ;H M AN, Regular Meeting commencing at ing Ordr��nence,Article III,Sec+ WILTON for a Variance to the County; 7:30 p.m. on THURSDAY, tion 100=`30(C)[1](a)for permis Zoning Ordinance, Article III, MARCH 13, 1986, and as sion to'utilize premises and ad- Section 100-31; Bulk Schedule, :d copy, follows: dition.for accessory.home oc- for approval of proposed lots ttchman 7:35 p.m. Appeal No. 3432- cupation,use(physician's office) having insufficient area, width weeks Recessed Hearing in the Matter in excess of maximum-permitted and/or depth in this pending of JOHN .AND JOYCE 30 percent first floor area.Loca- division of land, located at-the HOLZAPFEL: tion of Property: 2015 Theresa East Side of Queens Street, . . . . . . 7:35 p.m. Appeal No:3457- Drive, Mattituck;•Deep Home , Greenport,; NY, County Tax RALPH 'AND LUCILLE Creek Estates Filed Map 4256, Map Parcel No. 1000-40-3-6. STOCKER for permission to Lot 59,County Tax Map Parcel 9:20 p.m. Appeal No. 3466- constructnew dwelling requiring No. 1000-115-16-15. GREGORY SIMONELLI for a Variances to the Zoning Or- 8:10 p.m. Appeal No 3450- Variance to tkp.-Zoning 'Or- dinance: (1)Article III,Section ROSALIE GOWEN for dinance; Art eCe III, Section `' 100-31, Bplk Schedule, for ex- - Variances, to the Zoning Or- 100-31, Balk Schedule, f(kr ap- eessive lot coverage,and(2)Ar- dinance, Article III Section 'proval of proposed lots having title XI, Section 100-119.2 for 100-31,.Bulk Schedule for ap- insufficient area and width in ,-eduction in the required set- proval of: (1) insufficient lot this pending division of land, oack from bulkhead and tidal area, (2)insufficient lot width, located at the East and South day of waters to less than 75 feet.Lo'ca- (3)insufficient lot,depth,of two sides of Grand Avenue, Mat- tion of Property: .1080 Maple parcels as proposed in this pen- tituck, NY, County Tax Map Lane (a/k/a) 55 Snug Harbor ding set-off division of land Parcel No. 1000-107-02-04. Road), Greenport, Cleaves located at the,corners of Zena 9*25 p.m. Appeal No. 3475- Point,Section 3,Map No.4650, Road, Capt. Kidd Drive and. JOSEPH H.SAWICKI,JR.for Lot 59;County Tax Map Parcel Central Drive, Mattituck, NY; a Variance for approval of ad- No. 1000-35-05.28.. ` Capt.Kidd's Estates Filed Map cess pursuant to New York Tbwn 7:40 p.m. Appeal No. 3452- No. 1672, Lots 134, 153, 154; Law, Section 280-a, over a PAUL FORESTIERI for County Tax Map Parcel No. [,presently private right-of-way located,off Variances to the'Zoning Or- 1000-106-02-32 and 43.,.' he South Side of Old Nort dinance, Article III, Section 8:20 p.m. Appeal No. 3474= Road, Southold, NY; premise 100-31, Bulk Schedule; for per- DAVID M. JOHNSON for a• of Schaefer and iden- mission to locate new dwelling Variance to, the Zoning Or- ified on.the Suffolk County Tax -with insufficient front' and dinance, Article III; SectionMaps as District, 1000,Section Iprearyard setbacks. Location of 100-31, Bulk Schedule, for per- 5, Block 2; Lot 4.Property: East End of Sound mission to construct addition9:30 Appeal No. 345 - View Avenue (South End of , with an insufficient sideyard set- SAMUEL K.C. and ELIZA Fasbender Avenue), Peconic; back and in excess of maximum- PLIMPTON KOPPER for a Bailey Park Subdivision,Lots 1, permitted 20 ..percent;: lot Variance to the'Zoning Or- 2, 3, 4, 5, County Thx Map .. coverage.Location of Property: dinance, Article III, Section Parcel•No. 1000-67-06=004., -- 385 Corey Creek Road, 100-31, Bulk Schedule, for ap 7:45 p.m. Appeal No. 3470- , Southold,NY,County Tax Map proval of proposed three'lots ATHANAS ; AND RUTH Parcel No, 1000-87-5-13; having insufficient area and ZAMPHIROFF for a Variance 8:35 p.m. Appeal No: 3463- width located along the west to the Zoning Ordinance, Arti- ,EDMUND PRESSLER for a side of Indian Neck Road, cle III, Section 100-31, Bulk Variance to the Zoning Or- Peconic, NY, County Tax•Map Schedule for permission to con-• dinance, Article VII, Section Parcel No. 1000-86-4-1.2, con- struct addition of 190t sq.ft.in 100-71, Bulk Schedule,and Ar- sisting of a total acreage of 5.00. area which will exceed the. title VII, Section The Board ,of Appeals will ` maximum-permitted the lot 100-70(A)[1](d), for permission hear'at said time and place all . .overage requirement of 20 per- to utilize premises of 68,912 sq. persons desiring to be heard in' :ent.: Location of Property:. ft. in area as a'-continuing non- each of the above matters,Writ- 17195 Main Street, (a/lc/a 720 conforming two-family dwelling ten comments may also be sub- 3econd' Street), New Suffolk; and add two retail sales/office mitted prior to the conclusion of NNY,County Tax Map Parcel No. uses in this 'B-l" General Bu-., the hearing in question. For . 1000-117-OS-13. siness Zoning District.Location more information, please call — - 7:50 p.m. Appeal No. 3447- of Property:North Side of Main 765-1809 (alt. 1802). PUDGE CORP. for a Special Road, Southold, NY; County Dated: March 4, 1986. Exception to the-Zoning Or. Tax Map Parcel No. BY ORDER OF THE dinance, Article VIII,,Section 1000-63-3-26. SOUTHOLD TOWN 100-80(B) I fot .permission•to. 8:45 p.m. Appeal,No. 3455. �, BOARD OF APPEALS establish. one,or more:.of.'.the ,.,.XATHLEEM.YARANO for'�.a, I.;;GERARD R`GOEHRINGER, following,:usgs 'within the Variance. to ahe,Zoning? Ors , ::, CHAIRMAN buildings proposed to be'con- dinance, Article;XII,-Section. 4. 1T-3/6/86(10) strutted as shown by site'plan 100-121(D)[1]fora clarification revised 7-9-85: professional of- and/or'correction of the inter, fices;electrical contractor shop; pretation of the Building Inspec- plumbing shop;furniture repair •tor of Condition in Appeal No. shop; carpenter shop,'cabinet �3330 rendered by the Board of shop; 'printing establishment- , Appeals May 2, 1985;which- food processing; packaging'of" allows no sleeping,or•, ng1.•.livi , machine parts to be shipped;• quarters in the,',accessory,..•, such uses as allowed in•,this' '. - garage/apartments structure:,;; C-1 Heavy, .Industrial .Zoning Location of Pioperty:1.6600(or..', Districi.'Location"of Property: 6750) Indiam Neck'?,Road ..r East 'Side of,Horton's,Lane, Peconic, NY; County Tax Map . Southold,NY;County,TIi:K Map . - Parcel No. 1000-086-07-M.'r i Parcel No. 1000-63=01-10. ;:;,�, 8:5S.p.m.•Appeal,No. 342f. 7:55•'p.m. Appeal No. 3459-;' Recessing;Hearing - ESTAT`B', 125-127.,.MAIN ST.. CORP: °,,`` OF JOSEPH ZIELONKA to be (MILLS & CO.) fora Speciar.;' reconvened.-=' Exception to the Zoning Or 9:05 p,m !Appeal No. �451. dinance,',Article WIII" Sectton;, B 100- 80.(B)'forpermission to' utilize premises''and`construct' addition for the,inanufacture of sails, canvas, 'products 'and, related items, .and,office and' storage area in thereto;' i in this "C-tipht" Industrial• Zoning'District. Location .of' Property: 74100 Main Road, Greenport, NY;' County Thki Map Parcel No. 1000-45-06-006. 8i00 p.m: Appeal'No.'3465- VELIMIR 'AND HEDA ; VRANKOVICior a Variance to.. the Zoning Ordinance, Article . III, Section. ,100-31, . Bulk Schedule,for approval,of the f . NOTICE OF.HEARING$ , Article ffi,Section 100 31,Bulk County•Tax Map Parcel=No:=- 100-31;Bulk'Schedule for ap- Article ffi Section 100 31 Bulk-- - - '- NOTICE IS HEREBY GIVEN Schedule,,fora roval of:•U in 1000-63-3-26 = - > -proval of proposed lots having in- = Schedule, for approval of.,-Prop- 9 Pursuant to,Section 267 of,the sufficient:lot'.area,'(2) in - 8:45'-p:m.'Appeal No. 3455_ - sufficient area, -width"and/or_:___ osed sthree_,Pots"_having_insuffi R Town Law and the Code`of Che` cient lot width,(3)insuf&cientlot KATHLEEN VARANO,for•a depth in this pending division of- cient area^and a_width located-. Town of Southold;the followin a depth,of two-parcels as proposed_' Variance to.the.Zoning::Ordi= land;located at the East Side of along• the wean.'side of:Indian icle YdI.. Se6tion:M1W'1'- Queens blie-�SOUTHOLDngs will �Vhelra b}� land located att.th in this peiiding ecorner� of .-- 1 division of-,. 21(D)(l�for a c arification and/',- �-County_Taa-tMap Parcel".;'-Gie�enportNl�lo� Tap ll/laNeck a PareelnNo.000-86-4•�_., TadYN P BOARDOF APPEAL$at$heir ��Road,.Cpt•I;idd Dnve sad on:correction of the interprets ".1000-40-3-6. .1 2 consxst,ng of a total acreage Soiithold Town Hail;Ivfain Road t-Central briee Mattituek;NY, tion of the Bwlding-Inspector of - of 5.00 T _ ���VE®��iE1�Y®SIC ) Southold;Ny at'a ' ,Cpt. Kidd's Estates-Filed.Map Condition-in`Appeal No:3330 re-' 9:20 p.m:.-Appeal No.'3466 --The Board of Appeals will hear -ing commencin �ular Mom ' No. 1672; Lots 134,,15W-154;: ndered b' tlie' oard of A is == GREGORY SIMONELI L for a at said time and"place aliperEons ) SS: g at 7 'p`m on.i'_ _ Y �B ' ppea THITRSDAY, 'gI 13 I County,-Tax- A/iap Parcel No: . : May.2,'-i985;whir}i allows no;- - .Variance`to the"Zoaing Ordi or epreaentatives desiring to be COUNTY OF SUFF®LB( ) 1986,and as follows 1000-106-02-32:and 43. -sleeping or living cguarkera in the.= .:riaace,-Article ffi, Section 100- heard is each of the above mat- 7:30p.m.-Au sal No. 8:20 p.m. Appeal.No 3474'- accessory 'garage/aparttnent 31sBu&Schedule;fora ters.Cdrittencanwientama also t g P � - Re- � _ pproval y :"ceased Hearing-in.thellQatt P of ,"DAVID M. JOHNSON_for a-'-,- structure. Location of Property ;,- of prooposed lots liavirig_iaseaffi The submitted prior to the coacl=a I Mary K. De gn d n q JOHN= ANID JOYCE= HO " .Variance to•the'Zoning.Ordi= 6600(or 6750)Indian Neck Road:° cient area azid width in this Pend _ 'on.o£the,liezring in uestion:- '. Green port,E, in q of Gr® SAPPEL Hance, Article ffi; Section 100 Peconic; NY; County=`Tax-Map - ing diaisiori of laad;_locateti.at Forffior.information,please call said County, being duly sworn, seys that h@/S!t®Is -7:35'p:m:Appeal.No: 3457'--,;31, Bulk Schedule, for,permis= Parcel No.'-1000;U8S-07-004._j - _ the:East'and:Sough"Sides of -765-1809(aft. 1802).. RALPH .AND.`: LUCH.I.E:. 'siontoconstructadditionwithan T ,, _ -. =Grand Avenue;)rYatt;tiacli,i�7Y, :- _ -Dated:March 4,-1986_- PrinCip@! Clerk of THE SUE�F®LK Yo0F9E�i,@ Weekly STOCKER-.for• i was �insuflicientsideyard setback and _--:8-55p:mAppealNo.3421 Re- County Tex- 'lap_Parcel No - :: ::-BYORDEROF. .d�®W0�8@fD®r, published at far®@np®rt, in the Town construct new d elluig rvquix in a teas ofmaximum-permitted -ceased Hearin ',:1lST. TE Op' 1000 107-02 04 THE SOIITFIOLD.3'OWN. -Of ieg�,7arisne s to the Zang Or 20�%-lot coverage.•=I.ocation of JOSIEPII ZI y.ONHA'to be re r: : BOARD OF. _ Southold, County of Suffolk and State.of New dinar: (1)Article I?I;,'S,^c€aoi�aj.property:385CoreyCreekRead, -convened 9:25 pm--Appeal Na 3475 GERARD P GOEHRINGER; T I�®rk, and t¢l;yt the Notice of Which the annexed is ..Southold;NY;County Tax Map f PIYCldI, :for,-: CHAHU%4N Parcel'No:'1000-87-5-13._= 9.05 m.'Appeal:ado 5451 - _ JO�PH$ A P• . .. a.Vananrefbrapgroealofaccess:: 1T1136 5179 @printed copy, h@8 b@@PI regularly published !rt 00-31;Bi,Verag6,dnd('2)iexces-. 8:35 p.m. Appeal No:3463 - BEDELL RY/VIN _ m�rm,rant to,,,-.,,dew;:Y, k:Town Said i�®WfEp@pep once each week for S�ILP €3ve,ot.coverage,and(2)Article EDh�D pRESSLEI fora EYE' D9 for,a ,xecial Egce P Law Section 280-a, over•a_ l �I, Seclioii lOG-119.2-for reduc- ,Variance to:the-Zoning Qrdi- tiontotheZoningCrdinarce Ar, W@@k6�:dCCr°aSiYe! c®TdtRl@nCing On the 6 i`tion in the required setback from vats-nbht-of way located off the y, II aaace,Article VII;-Sermon 100 title III;-Section 100 30{B)i14)F 'South.Si&-of,O,d-1Vorth day of bulkhead and tidal waters to less Road, i li 71; Bulk.Schedule;-and Article for permission_to-establish win Sauthol LR•Y, -maws p:e-- than.75 feet:.Iacatian of Pro , erty: 3080 Maple-Lane:(a% ,'a-55 .'�;Sectuon.100-70(A)(1){d);for :ery use from grapes grown onthe:s sea-tly:of Schaefer"a ad used -pernussion to.utilize premises of. - PremisssAocatediat 36225 Maui'- on_theQuffolkCoun Ma 4 Snug Harbor.Road); Greeaport; ,.., County Taxps.- Cleaves Point; Section 3; Map 68'912 sq.ft:iri area as a continu- Road, Cutchogue, NY; County as?D � 1000, Section 55, a"No: 4650, Lot 59; Coun Tax ing nonconforming.two family, Tax.11�iap Parcel N6 1000-85 02 Block 2;I.ot 4 I Map Parcel No. 1000-35-5-28. dwelling and add two retail sales/ 10. 7:40 p.m.-Appeal.-No. 3452 _ office uses in this.B-L General: 9:10 p.m. Appeal No ,.3456 9 30 p m.'Appeal No,,3453 ! Pr! Cipal Clerk PAUL FORESTIERY-for-Vari- Business Zoning District Loca RICHARD AND ANITA WIIr- SAi UE S.0.:AND.ELIZA antes to the Zoning Ordinance, tion of Property North Side of TONfor a Variance to the Zoning•_ - PI EYIP.TON KOP_PER,-for a � Article III;Section 100-31,Bulk ` ' - ' ' .rb�- ' = R "'� � Sworn to before a this �r, AtdN 149.ABATE J� � Y PUBLIC,State of!�nw York a Schedule for permission to locate - — d $ GGci I{County No.478183 new,dwelling with-,insufficient. -front-and rear"yaid'setback-.Lo-•I cation of Property:East.End of Sound View Avenue(South End of Fasbender-Avenue),-Peconic; Bailey Park Subdivision,-Lots l; 2,3,4,5;County Tax Map Parcel " -No. 1000-67-06-004.. --7:45 p.m. Appeal"No. 3470 - i'ATHANAS AND RUTH ZAM \ PHIROFF for a Variance to the' \ n� Zoning Ordinance, Article III, 1 z Section 100-31, Bulk Schedule a for uermission to construct addi- \ ii tion of 190•�- sq. ft. in area q which will exceed the maximum-_ t permitted the lot coverage re- . j quirement of 20%a. :Lmcation,of. \ ! Property:A7195 Main Street(a/. I k/a 720 Second Street),New Suf-' I- folk,NY;County Tax Map Parcel \ l L No:1000-117-08-13. ---- - ' 1 Town Hall, 53095 Main Road O � 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 Febraury 27, 1986 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3475 application of Joseph Sawicki for a variance. Also included is 'Notice to Adjacent Property Owners; Building Department CO; copy of Appeal No . 2359 of 1977; Short Envinonment,al .Assessment Form; letter relative to N.Y. S . Tidal Wetlands Land-Use; and survey. Judith T. Terry if Southold Town. Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Feb. 27 , 1986 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ►]o.se.p.h...H....5 aw.i.ck.i..........................of ......Na•r t.h....Roa.d............................................... Name of Appellant Street and Number So u.t h.4.1. .A..:SIX...].1.97..1.................................................. NY ..........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PX1M TXNQ. 'CD................................ DATED Je.hro.ar..y...2.5.....1.9.8b............ WHEREBY THE BUILDING INSPECTOR DENIED TO ........joS.ep.h..H. Sawi.G.ki.d. .a.r.,..................... Name of Applicant for permit of Main Road " Southold New York 11971 .................................................................................................................................. Street and Number i Municipality State ( ) PERMIT TO USE (X ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...ROW...o..f.f....So.ut.h...S.i.d.e...o.f....°.03.d...Rox.th...R.o.ad......... A Zor Southold, NY Street Use District on Zoning -Mop .............................:........................Current Owner Schaefer to Sawicki Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X ) 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) (Imxr)ol;) 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 ( x) request for a variance -a r e a and was made in Appeal No. ..12-35.9.................Dated ....1..1.1.3,/..7.7....-...Helen...R......S.Gh.d.P.f.Q.r.: REASON FOR APPEAL ( X ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Certi fi cate of Occupancy i s condi ti onal upon receiving approval of access over this private right-of-way for emergency an.d other vehicles . Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary-HARDSHIP because thi s parcel woul d be unbui 1 dabl e wi thout proper building permits and approval of access pursuant to New York . Town Law , Section 280-a . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this property is vacant. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this property is zoned "A" residential and agricultural and is proposed to be used for such purposes . STATE OF NEW YORK ) ss .� .. ......�. U �................... COUNTY OF SUFFOLK ) Signature Sworn to this .15111.................................. day of...........FQb.ril.d.r:y.......................... 1986 . LINDA F. KOWALSKI ` p / NOTARY PUBLIC, e ...�z /!�C, State of Now Y®fhr • •• •••••••••••••••••••••• No. 52.4524771 otary Public Qualified in Suffolk County commission Expires &larch 30, 193� BOARD OF APPEALS, TOWN OF SOUTHOLD In tPhe Mvili er or the Petition of Joseph H . Sawicki NOTICE �--, • TO to the Board of Appeals of the Town of'Southold ADJACENT TO: PROPERTY OWNER Vr YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special-ExcepHen-)�SpeerafPermiti- [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: on the west side of private right-of-way which is located south of 01A::North Road, Southold., NY; 1000__-557-2-_4 . ._ 3. That the property which is the subject of such Petition is located in the following zoning district: Residential and Anrirultural 4. That by such Petition, the undersigned will request the following relief: approval of access for emergency vehicles nvPr private right—of-way to this parcel . 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section- EX] Section 280-A, New York Town Law for approval of access over rights)-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-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: Fehruary 24 1 qRF Joseph H. Sawicki Petitioner Owners ' Names : (Schaefer ) Post Office Address North Road Southold , NY 11971 765-2282 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS t STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: Jos eph, _H . Sawicki residing at North Road , Southold , NY 971 , being duly sworn, deposes and says that on the 27 J± day of February , 19 86 , 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 So u t ho 1 r1_, NY ; that said Notices were mailed to each of said persons by (certified)�%giktgrok mail. Sworn to before me this 2 7 t h day of FP h r ii a r V P 19 86 - LINDA F. KOWALSKI NOTARY PUBLIC, State of New York No. 52.4524771 Notary Public Qualified in Suffolk County Commission Expires March 30, 193s6 (This side does no-t have' to be completed on form transmitted to adjoining property owners . ) TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR c > P.O. BOX'728 TOWN HALL SOUTHOLD,N.Y. 11971 CERTIFICATE OF OCCUPANCY No. ,Z14032. . . . Date ,November .25. . ,. 1985 . . . . .. .. . . . . . .. . . . . . . . . . This CERTIFIES that the Lot . . . .. . Vacant. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . Location of Property *;; , . R.O.W., off, of .Old North .Rd:..Southold. . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . House # Street Hamlet County Tax Map #, Section. . .055. . . . . . . . . Block. . . 02. . . . . . . . . . . Lot.P/.O .004. , . . Subdivision.Appeal..# . . . .. i . Schaefer Filed Map #. . . . . . . .. . Lot #. . . .. . . . . . . conforms substantially to the applicable provisions of the Zoning Code of the Town of Southold. The premises are located in the A-Residential- Agricultural Zoned District and may be used for such uses as, are presently authorized by the Zoning Code in such district subject to, however, all of the requirements of the Zoning Code. ** Certificate of Occupancy on dwelling will be subject to 28OA by the Zoning Board of Appeals . SCHAEThe certificate is issued to . . . . . . . . . . . . . . . . .ER, HELEN. . .. . . . . . . . . . . . . . . (owner, =Lsse—ate=t aea of the aforesaid lot. C . . . . . . • • . . . . • •Building Inspector. Rev 1/85 TOWN OF SOUTHOLD, NEW YORK DATE ........NOV. 3 , 1977......... ACTION OF THE ZONING BOARD OF APPEALS Appeal 146. " 2359 } Dated ''0 tober ''19- 1977- ACTION`'OF-THE'ZONING'BOARD-'OF APPEALS,-OF THE,TOWN.OF SOUTHOLD- To Helen R. Schaefer:........3 _ _ ;.. ...c ._... . ._. .. i _. Appellant 3 95,.0 ..Old North_ Road ., _ S-o ithold`; NY.` 119.71_1:_' ' F r r - at a meetingof the Zoningr Boardiof A eais'on :t': "'c. ..o pp November 3' .'1977.. -�:r.the appeal r' was"onside'red_acid the�action'Indicated below was taken on your ( j i&q~lest;for variance-due,to-lack,of access.to property..:;•:,,... ( ) Request for a special exception under the Zoning Ordinance (K),Request for n variance to thet Zoning Ordinance ;;,``r✓ :. ,j i `: VI 1. SPECIAL EXCEPTION. By resolution of the Board it was determined' that ail ipecial 'exception,' (" )''.be granted ( •.) b6_1 denied pursuant:to.Article :.:::.::.::.:4:.::.:`.Section-.-; .:.......:. .,Subsection .::.:;........s.. paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed' confirmed because 8 :15 P.M. (E.S.T. ) upon application of Helen R. Schaefer, 3950 Old North Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient._ area. Loca- tion of property:: Right-of-way, . south ,side Old North Road, Southold, New York, bounded on the north by John Schaefer; east by right-of-way; south by A. Grigonis; west by now or formerly Wm. A. Coleman & wf. I i I 2. VARI. :-YCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique n nd (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because i SEE REVERSE and iher::fore, it wc:s further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. f ' SEE REVERSE ZONING BOARD OF APPEALS U/ After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insuffi- cient area, rights-of-way;''south' side,.Old•. North Road.,: .Southold-,.;'- New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant.::::_ The Begird finds that strict application:,of the Ordinance would produce practical difficulties' or unnecessary hardship;' - . the hardship created,-'is,.-unique and would not,,_be'. shared, by all,.,_ properties alike in the immediate-„vicinity, of this property ;and, in. the same use district; arid' the 'v'ariance will- not change 'the- ' character of the neighborhood; and 'will"°observe : the '-spirit of."' , th e O dinance. ., fir;..:- .., :..:- .,,.r• .. THEREFORE IT WAS RESOLVED, 'Hel'en,; -R_., ' Schaefe,ir, 3950 Old North Road, Southold, New York, be ^RANTED perm4ssion to set off lot : with .insuf_f.icient area, right-of-way, south side Old North Road, Southold, . New -,[orlc, as applied for. Vote of the <Board': Ayes.-;:.-: Messrs.: ' Bergen, ..Hulse,. ,Grigonis,,,, -.Doyen , :[�t i;[._._ r _ �, Sri: 'i: :� .7'J :r. .,;';<;.n;'�•z, _. _...; _ ............... . I r .... flit I :. 0: r;.. 1 4 I r 1 . = •• • . � . oIl.ui %(UUI ILL M: VII:W 1%LL fCIfIJIr-I: 1,UU- mison of this form. and an environmental review wi11 be made by this irl before any action is ;en . SKIRT ENV I ROM•.F.11T.AL ASSc':,.:MFNI FC,,P!4 R15TP1rTlUS: (a) In order to answer the questions in this short EAF is is essllned that the preparer will use currently available Inforn:lticn concerning the Frojoct and _he likely Impacts of the action. It is not expected that additional studine, roeearch .or other investigations will be undertaken. If any question has been answered Yes tho project wy be significant and a . '•' completed Envircnr.:ental Assesamunt Form is necesrsar/. (c) If all questions have been answered No it is likely that this project is nc- significant. i (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? . . . . . . . Yea No 2. Will there be a major change to any unique or unusual land form found on the site? . Yes No 3. W!11 project alter or have a large effect on an existing body of water? s . Yes No Will project have a potentially largo impact. oil �. groeu:dwater quality? Yos i/ No �. Will project significantly affect drainage flow on adjacent sites? • • • • • • • . . e • . Yos /y :10 6• Will project affect any threatened or endangered ;J plant or ani.rral species? . . . Yes 1,/ No 7• WU1 project result in a rca jor adverse effect on air quality . • Ycs ✓ f'o 8. Will project have a major effect on visual char- acter of the co:rtsunity or scenic views or vistas known to be important to'tho community? Yes r/ No 9. Will project adversely impact any site or struct- uro of historic, pro-historic, or paleontologicul importance or any site designated as a critical environmental area by a local agency? . • Yos _.jl No 10• Will project have a major effect on exiati.ng or !' future recreational opportunition? . Yes ,/ No 11. Will project result in major traffic problems or p cause a major effect to existing transportation SystC its? . . a • • • • . . . . • Yes ,/ No 12. Will project regularly cause objectionable odor, noise, glare, vibration, or electrical dinturb- ance as a result of the project's operation? . 0 13. Will project have arty impact on public health or safety's . • • a . • • . a • . . _-- Yes I/ N0 11.. Will project affect the existing community by directly causing a growth in per-mnnent poplula- tion of more than 5 percent over a one-yoar period or have a -;a for ne1;:jt1ve effect on t.,e character of the cormunity ,r nel4hLrQrhood? . Yeg ✓ 1.o 15. Is there pu is cent avers' . concern i g the pi-o�cc Yes ✓ No PREPAREP'S SIC NATURE TITLE: O,ITi: �2A,h!(,& 9�tire - - 17A (Today ' s D,xte) To: Southold Town Board of Appeals Main Road Southold, NY 11.971 r- " Re : Appeal Application of 2'e--S ak Location of Property: .lid �j ei � ��,u7iy SjQe- CSC .Sly Sou-Y�o/dl Dear Sirs : In reference to the New York State Tidal Wetlands band-use Regulations , 6 NYCZR, Part 661, and Article 25 of the New York State. Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please, ch(-ck cme box) [ ] Mav be locatad within 300 feet of tidal w�stlar.ds ; ho�jever, constructed along, the water-lyin(j edge of this property is a bulkhead in very good condition and at least 100 feet in length. * [ ] Mav be located within 300 fee` of tidal wetlands ; however, constructed along the water-lyina 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 wetland:, ; and there is no bulkhead or concrete wall e..:is--!'-:zg ,on the premises. - [ !�1 Is not located within 300 feet of tidal wetlands to the best of my knowledge. * tarred items ' (* ) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D. E.C. ] Sincerely yours, AuirjitN-�,in atur-� please) NOTE: If proposed project fal D.E.C. jurisdiction, approval must be received and submitted to our office before your application can be scheduled for a public hearing. 3 qy tc D C�tat4�� ° ro.c2o saFt 4 n - 1 I ST. 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