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HomeMy WebLinkAbout3061 I SYr01 Southold I own., ffoard of Appeals MAIN ROAD - STATE ROAD -25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF .THE ZONING BOARD OF APPEALS Appeal No. 3061 Application 'Dated December 6 , 1982 (Hearings held 1/13/83 & 2/4/83) TO: Mr. and Mrs-. Thomas E. Samuels [Appellant (s) ] Haywaters Road, Box 89B Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on . February 4 , 1983 the above appeal was considered, and the action indicated below was taken on your [X ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X ] Request for Variance to the Zoning Ordinance Article III Section 100-30 (A) [ ] Request for The public hearings concerning this matter were held on January 13 , 1983 I and February 4, 1983 . Upon application of ANITA M. SAMUELS, Box 89B, Haywaters Road, Cutchogue , NY for Variances : (1) to the Zoning Ordinance, Article III, Section 100-30 (A) [1] for permission to construct ingro.und pool on 'a vacant lot; (2) to New York Town Law, Section 280-a for approval of access. Location of Property: South Side of Haywaters Road (a/k/a 155 Fisherman' s Beach Road) , Cutchogue, NY; tot No. 3 , Map of Peconic Bay Properties , Inc. , Filed Map No. 786 ; County Tax Map Parcel ID No. 1000-111-1-41. The board made the following findings and determination: By this appeal , appellant seeks : (1) permission to construct a 25 ' by 40 ' inground swimmingpool and fence on a vacant parcel of land known as Lot 2 of Peconic Bay Properties , Inc. Subdivision; and (2) approval of access over the private road known as Fisherman' s Beach Road [also known as Haywaters Road] . It is the understanding of this board that the swimmingpool is the be used accessory to the main dwelling on the adjacent parcel. Both parcels have frontage along Cutchogue Harbor and therefore are subject to the rules and regulations of the Tidal .Wetlands Act of the State of New York. The adjoining "residence parcel" has minimal reasonable building area , and the board agrees with the reasoning of the appellant under the circumstances herein. Upon inspecting the private road in. question, it is the opinion of the board that same is in good satisfactory condition up to the point of access (driveway) into these premises.. In considering this appeal, the board determines that the variance request is not substantial in relation to the requirements of the zoning code; that the circumstances are unique; . that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors , the interest of justice will be served by allowing the variance as indicated below. (CONTINUED ON PAGE TWO) DATED: February 28 , 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS .Form ZB4 (rev.. 12/81) Page 2 - Appeal No.. . 3061 Matter of AN.ITA M. SAMUELS 4 1983 Decision Rendered Februar , On motion by. Mr . Grigonis , seconded by- Mr. Goehringer,_ it was RESOLVED, that Appeal No- 3061 , application of ANITA M. Sp,MUELS for approval of access and for permission to construct inground swimmingpool, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1• That the initial fill of pool be trucked in to prevent salt- water intrusion possibility if taken from ground water in this immediate area;. . lication is subject to review by the Suffolk 2• That this app et se of the County Planning Commission pursuant to .Sections 1323 , q• Suffolk' Co.unty Charter.. South Side of Hay waters Road (a/k/a 155 Location of Property : ° hogue, NY; Lot #2 of Peconic Bay Proper- Fisherman' s Beach Road) , Cutc o. 1000-111-1-41. ties , Inc. ; County Tax Map Parcel ID N Vote of the Board: Aye s: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. AP"- H SO�1 IP—D,i.D T{..> 1."IPZECEIVED' AND FILED BY {-'L.�.k::�6i9. 411 ii(wn, Board of AP .alb A-T �1�� E-r va 4:DDT' �� Town c'r r "' xr,fFsxs x, k7kV ,„Mx t rc `ta q., a ':✓ x s-.ra v..v. ;;`., :'Lf ... 'xa`.a«^ 1n«w` ,;....,_,. .0 _... Page 2 Legal Notice of Hearings for January 13 , 1983 Meeting Southold Town Board of Appeals 7 : 35 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 1,00-31 for permission to construct enclosed pool and deck --areas!-,' which :will `exceed the maxmimum permitted 2-0!% '.lot, coverage requirement of the zoning. code. Location of Property: 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028. 7 :45 p.m. Application -for SAL CAIOLA, by David E. .Kapell as agent, 143 Sixth Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article V, Section 100-50 (B) [3] and Article VI, Section 100-51, Bulk Schedule , for permission to construct condominium units (multiple dwelling units) to be located at the South Side of C.R. 48 , Southold, NY; County Tax Map Parcel ID No. 1000-51-5-2 . Zoning District: M-1. All persons wishing to be heard on the above applications shall appear at the time and place above specified. Dated: December 29, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN (by Linda Kowalski) -----------------------------------------------------------------------x Instructions to newspapers : Please publish once, to wit: Thursday , January 6 , 1983 , and forward one affidavit of publication to : Board of Appeals , Main Road , . Southold , NY 11971, on or before January llth, -----------------------------------------------------------------------z Copies have been mailed to the following on 12/30/82 : L.I. Traveler-Watchman, Inc. Suffolk Times , Inc. (hand delivery 12/30/82) Environment East Inc. , for Mr. and Mrs. Edward Pressler Dr. and Mrs. Thomas Samuels '- 9,e,4,Lz, ?,/. �a�,,cal+ c� �„� a"I- J. Hayes Kavanagh, Esq. for Otto Zapf Mr. Robert Ketcham, for Cathy Volinski Mrs. Cynthia Kaminsky Mr. David E. Kapell for Sal Caiola Copies also distributed to the following 12/30/82 : Supervisor and Members of the Town Board Town Clerk Bulletin Board Building Department (Mr. Lessard) ZBA Members i FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. Date 19 C' . To ,ram . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . ., 19 for permit to construct . . . ��'Qc11 r _`'�'✓�' '//�r�� , . , . at Location of Property .1Ll l'sf'�.'z .��. ,/ 1. ra. . . . .C.,�il ;'.- House No. Street let— County Tax No. 100000 Section . . .�/. ( . . . . . . Block . .(:D . . . . . . . . Lot .0. 1. . . . . . . . Subdivision !!�� r'G Filed Map No. .7J:0 . . . . . . . . . . Lot No. . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . —4e,?�. . Oil . . . . . .5:�F/::5�9 67, Building Inspector - RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.,-LD6J DATE ............... TO TH E ZON I NG BOARD OF APPEALS, TOWN 0 F SOUTHOLD, N. Y. Anita M. Samuels Box 89B, Haywaters Rd. 1, (We) ................................... . ...........................of ........................................... . ........ . Name of Appellant Pp Street and, Number Cutchogue, N.Y. N.Y. .................................... ..................................................... ............................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 Dr. & Pars. Thomas E. Samuels ................................................................................. Name of Applicant for permit of Box 89B Haywaters Rd. Cutchogue, '�.Y. .................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) Permit for swimming pool 1. LOCATION OF THE PROPERTY ... Haywaters. ...Rd. .. ,. ... Cutchogue. . , N.Y. ....... . .. .. ... ...... .... ............................................... Street Use District on Zpning Map 111 041 (2) ........ap...No.o. .*.................................................................. IV1 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.) Lot #42 is single & separate building lot. Principal use is a 1 family ipal 3. TYPE OF APPEAL Appeal is made herewith for N.Y.S.D.E.C. permit building. O� ) ' A VARIANCE to the Zoning Ordinance or Zoning Map pending ()C ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL (Y`) A Variance to Section 280A Subsection 3 ()G) A Variance to the Zoning Ordinance is requested for the reason that Fonn zs1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pro ctical difficulties or unneces- sary HARDSHIP because Lot is adjacent to property on wh �ch pr naipal residence of a plioant is l.oeated. . The pool Is to be considered wn ad unet U th t dwelling,, The lest is in ain,gle and separ&te ownership due to MO, penalties on joint oi- orship for estate taxes on death. Upon death of either person the lots will be�morsod:* also$ if the property were in. 'single ovMers p, a Variance would be required for construction in a sick yard. The application is pendin,rgw Utee pool is in excess of ?51 from 23 d, A' no permit necessary letter should he granted. The pool conforms to the Land Use Regulations, 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 Both lots.. are sn.Sal lots*. . There is not wta. f"icient area an the house lot to install a: pool The backyard _s unavailable,,. due to D.E# o ;r-7oati i,1.r ions La buildins, wi.It—It . , 755 1 of taidalt'�aLe s#' Thor,-A, zL��ii.L .,»Lo,b Y/2 is tthe' only eroa �d�hero pool care reasonably be"y crY++i structea* 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because - There are on Fishermans Beach sevoral lobs adjacent too atin homes on' which residences are not constructed. There will be little or no victual impact to this structure, This co truetion will remove for practical- porpoises the poScibillity of the construction of are additional hare, in what l oonsider, an e.TrAronmentally frae;ile auyeaw STATE OF NEW YORK ss ............... ........:.............. COUNTY OF ) Signature Swornto this ..................................v�...... day of....:............. ...................................... 198,v .................................. .... ................ Notary Public PEGGY FINELLI NOTARY PUBLIC,State of New York No.4716725,Suffolk County Term Expires Match 3C,. _ TOWN OF SOUTHOLD 40PERTY 11CF-CORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N E ACREAGE f S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. I IND. I CB. MISC. LAND IMP. TOTAL DATE REMARKS — /- C /off �O ��F� Grr�,.s . YPFJI//Gc S� 7 0 ` AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable, 3 Wcodland Swampland Brushlarili--- �- House Plot Total i M. Bldg. J J C Foundation �!g, Bath iz Extension �� L,, _ �, Basement f.� �) I 1 Floors ? Extension 6r2 �D i Ext. Walls l�D0,9 SAsl Interior Finish j/j, S p d/.�O _t. ' . Extension Fire Place Heat Porch Attic Porch Rooms 1st Floor 3reezewa / I Patio Rooms 2nd Floor Garage /'G, Driveway I-AF,(,C beA ►11F j o. B. nMC +.f T YN OF SOUTHOLD MROPERITY RECORD CAa IRD OY OWNER STREET VILLAGE. DISTRICT SUB. LOT ? ka �17 a k1f j a w) ve I%f' . I .FORMER OWNER N E ACREAGE � ',K S W A TYPE OF BUILDING RES. SEAS. (rV-L.I .,/ FARM comm. I IND. I CB. I misc. I /P LAND IMP. TOTAL DATE REMARKS P—Jd d� t- y L z) U 2) Z-7 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Form Acre Value Per Acre Value Tillable I Tillable 2 Tillable, 3 Wcodland Swampland Brushland House Plot Tcta I .r a COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING June 20, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter_ , the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number lolrnita M. Samuels 3061// Last Associates 3070 John & Linda Kowalski 3091 Very truly yours, Lee E. Koppelman Director of Planning by GGN:jk Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L. I., NEW YORK 11788 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III Section 100-30 (A) [1] Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No. . 3061 Applicant: ANITA M. SAMUELS Location of Affected Land: S/S Haywaters Road, Cutchogue County Tax Map Item No. : 1000-111-1-41 Within 500 feet of : Town or Village Boundary Line X_ Body of Water (Bay, Sound or Estuary) Cutchogue Harbor State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned ,by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant URAEMAIRx permission to construct 25 ' by 40 ' ingrailnd pool and fanne nn -,rarant 12arrel ahuttina owner' s residpnre suh4eri- to "trucking in" of watar fnr initia, filling of pool rathnr than drawing from the around- Copies of file and minutes en .lnsed_ Copies of Town file and related documents enclosed herewith for your review. Dated: June K, 1983. Secretary, Board of Appeals h Id Town, 'o & ut o ju a 7 ®f'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 February 2 8 19 8 3 Mr. and Mrs. Thomas E. Samuels Box 89B, Haywaters Road Cutchogue , NY 11935 Re : Appeal No. 3061 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions , please do not hesitate to call either our office (765-1809) or that of the building . inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER - CHAIRMAN Enclosure .By Linda F. Kowalski Copy of Decision to Secretary Building Department •_.'1i.Giwiitr44.•Sfe:a.r:s:a �_.,_..:.n.l_..d.:�..1,.�........:�._.��_. ..__.._:si_�u.....�)..��. ..._._....w_.w,.,._........_..r_.....,......a.-.,.,__._.,........._....:t.rsu_........-.w s.+:ague_.... - -_ _ _�.'rw__. Y { NEW,Y,Otpc srATE DEPARTMENT OF ENVIRONMENTAL CONSERVAvww,. ' ' },At PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW 8 ARTICLE 15,(Protection of Water) BZ ARTICLE 25, (Tidal Wetlands) ARTICLE 24,*(Freshwater Wetlands) ARTICLE 36,(Construction In Flood Hazard Areas) PERMIT ISSUED:TO Thomas Samuels By: Snconsultantss Inc. ADDRESS OF PERMITTEE 64 northtreat Fisharauml s Beach Road, Cutahoguss, NY 11935 Southampton, NY 11968 LOCATION OF PROJECT(Section of stream, tidal wetland,dam, building) .i Cutchogue.SaAor, Lot 2 of "Map of Peeonic Bay Props Inc." DESCRIPTION OF PROJECj Construct 8 x 40v ingroundswimming pool and timber decking surrounding pool With outsYde ditioewions of .451- x 50' according to plan submitted September 7, 1982, all parts of new structures to be no closer to mean high water than existing hause',On Lbt ,3. Material excavated for pool to 'be used as backfill around pool. There is to be,no tur ;ance to vegetation' or topography within 501 of mean high water. - COMMUNITY NAME(City,Town,Village) TOWN Naastau Point, Cutchogue Southold t COUNTY FU COMMUNITY NO. DAM NO. RMIT EXPIRATION DATE' uf " Sfolk PE Deceabdt 31,• '1983 • ' GENERAL CONDITIONS I., The•,permittee shaft•'file in the office of the appropriate Regional 8. That the State•of•New York shall in no case be-liable-fo► any damage 'Permit Administrator, a notice of`intention to commence work at least 48 or Injury to the structure oe work herein.a4thori zed,which may'be caused.by or hoeas in advance.of the time of commencement and shall also notify him result from future operations undertaken by the State for the,conservation or prosi�tly:Fn writing of the completion of the work. improvement of navigation, or for other purposes, and"no claim or,right to 2. The,permitted;work shall be subject to Inspection by an authorized compensation shall accrue from any such damage. representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work here6'y-author Ized order the work suspended if the public Interest so requires: is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States.Coast Guard shall be Installed and "wintalned by and at the expense of the owner. cepted expressly,.by the execution of the application, the full legal respon- sibility for all damages, direct or indirect,of whatever nature, and by whom- 10. All work carried out under this,permit shall be performed In accor- ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and In a workmanlike manner.'. Indemnify .and save harmless the State from suits, actions, damages and costs.of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department,reserves the right to reconsider this approval at any time and after due notice and hedring to 4. Any material dredged In the,.prosecution of the work herein permitted continue, rescind or modify this permit In such'a manner as may be`•found to shall be,removed evenly, without-leaving large refuse.piles,ridges across the be just and equitable. If upon the expiration or revocation of this p�,Wt,the bed of the waterway or flood plain or deep.holes that may have a tendency to modification of the wetland-hereby authorized has not been completed,,the cause injury to navigable chanhels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent'and.in�such time and manner as the Department of Environmental Conservation may require, S. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark,shall be deposited or dumped remove all or any portion of the uncompleted structuremuai fill and restore'the at the locality shown on the drawing hereto attached, and, It so prescribed site o its former condition. re o claim shall be made against the State of New York on account of any such removal or alteration, , ' thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveyin{ to the.applicant any right to trespass upon the lands or interfere with the rlpirlan'rishts'of,o'thers 6. There shall be no unreasonable interference with navigation by fhe :to perform the permitted work or as authorizing the impairment oUany rights, work herein authorized. title or interest In real or personal property held or vested In a..person not a 7. That if future operations by the State of New York require an alteration party to the permit. n the position of the structure or work herein authorized,or If,in thepplitO 13,"The permittee is responsible for obtaining any other permits, ap- )f the Department of Environmental Conservation it shall cause unreitsorishie c provals, lands, easements and rights-of-way which may be required for this , •bstructlon to the free navigation of said waters or flood flows or endanifer project, )e health, safety or welfare of the people of the State,or loss or destrpctjnn f the natural resources of the State,the owner may be ordered by tllq 00a'.- 14. If `ranted under Article 36, this permit Is granted solely on the basis ent to remove or alter the structural work, obstructions,or hazardi Caused .' of the requirements of Article 36 of the Environmental Conservation Law and ereby without expense to the State; and if, upon the expiration dr revocation- fart 500 of 6 NYCRR(Construction.In Flood Plain Areas having Special Flood this permit, the structure, fill, excavation, or other modification of"the Hazards — Building Permits) and in no way signifies that.the project will be tercourse hereby authorized shall not be completed,.the owners shall, free from flooding, hout expense to tE;e State, and to such extent and in such time and manner 1S. By acceptance of this permit the permittee agrees that the permit the Department of Environmental Conservation may require, remove all or is contingent upon strict compliance with the special conditions on the portion of the uncompleted structure or fill and restore to Its former reverse side. dition the navigable and flood capacity of the watercourse. No claim shall I;• made against the State of New York on account of any such removal or u ration. �5 0-4(9/75) (SEE REVERSE SIDE) SPECIAL CONDITIONS 16. Backwash system shall be located a minimum of 100' landward of the tidal wetland boundary. SEE ATTACHED ADDITIONAL CONDITIONS A-J i i PERMIT ISSUE DATE PERMIT ADMINISTRATOR ADDRESS NYS Dept. of Env. Conservation i October 2$, 1982 Daniel J. Larkin 2. i ldg. 40, SLIN, Stony Brook, NY 11794 cc: NY_q_PE(,' .7,at: Enforcement L� • ,r ' ', 5 i ,i\ 'YI;x�'i - +-.�._'=,-1- r r1�n[%;�:r^:- .-.`�c:v�rt-I >-- - f-K ! 1--• ' ' •, ' ` � /' �' •� L Ni c�9€ _ri- r--c:c,.,�� =• i 1 j ='�-cr.>'- f,'1-- j 41 t !, ii'r NSUTHoRsi C f r' C1.` h tC!`J n(�.. .ram• lC ALTFkAtlotY',UR ADDITJJ ` h (1� THIS SURVEY IS A VICLATI+ON OF 1, SECTION 7209 CF T I HE NEW Y08K STATE f FDUCATIO;!LAIN yl COPIES .CE THIS �1�7 SEARING f E SL'R'='EY MAP NO T1i Lrs.t;U Si;:',9' S RINC { i `"-7 1 •P•'• J.- :h!'OSSEJ S ; ' S+°At Oa t f TO 1 V.4L;� ;� *T Rr C COTJSiDERFD ;'�fn �V} . �.. f •I f I c1,,\;: ire INt+ r n ;�-;- t y O cCN 5H�r1Ll RUN %� - "�- . `,`^T..''J� IS??.E�0:!.'t.c6, d,i`✓i%f-0..; ^ fl'.J.'.1 SURVEY M . r ;Y/Yl C"•f.!p,.k?{' HALF T F 'I LENDln!• s. 1, �iCYc;Nlv{ENTAL AGE lYiE t •'C"`� _;� t TG t I'`I1117UIIi;N LISPED IiEgspNDCY ANf \1 ''`t _{l , r•,' THE ASS.GN�ES OF THE LENDING I � � �•' ' `�'I `'7 'UTION.GUARANI NSTID r { (:f5 ARF RANSFERABt fr�;y •�' / - j -U ADDITIONAL INSTITUTI NOT i _ - �3 C S pR W. SU95Fpri- � a 2 Ili ' �� I .tit.. .���,' �,. ~ l 1:v^ ��`• FENc°E TD L/�/.L o o T 71 a.tl= i? i„ r,T, :4. r, ; 1 i �_ JAMES&RAMBUNC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283.1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 734-5858 #10 C'4p- January 27, 1983 Southold Town ZBA Main Road #25 Southold, N.Y. 11971 Att: G. Goehringer, Chairman Dear Sir: Roy Haje of Enconsultants, Inc. will represent Mrs. Zinita Samuels (Box 89B, Haywaters Rd. Cutchbgue) at your meeting on 2/4/83. Thank you. Sincerely, t Thomas E. S uels r r�L. Southold "� ®tenard of r.` Appeals E0 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 January 25 , 1983 James H. Rambo Inc. Wunneweta Road Cutchoque, NY 11935 Mrs. Anita- M. Samuels Haywaters Road, Box 8.9B Cutchoque , NY 11935 Re : Appeal No, 3061 - Variance for Pool and 280-a Dear Mrs. Samuels and Gentlemen: Please take notice that the date of the next Reqular Meetinq of the Board of Appeals has been changed from Thursday, Feb- ruary 3rd until Friday, February 4 , 1983 , same times and place. It is requested that someone appear in behalf of the applica- tion of Mrs. Samuels .on February 4 , 1983 at 8 : 00 p.m. Please confirm the above with our office. Yours very truly , 'GERARD P. GOEHRINGER lk CHAIRMAN h�r7 j` ; i Sod ®�a '® � ���d ® ' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1.1971 i TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 14 , 1983 Mrs. Anita M. Samuels Box 89B Haywaters Road Cutchogue, NY 11935 Re: Appeal No. 3061 Application for Variances Dear Mrs. Samuels : Last evening a public hearing was held concerning your recent application for variances for approval of access and for permission to construction an inground swimmingpool on a vacant parcel. A few of the board members had questions but no one appeared representing your behalf. The hearing has been recessed until our next Regular Meeting, February 3, . 1983 at 8 :00 p.m. in order for someone to appear. If you have any questions , please do not hesitate to call our office. Yours very truly, GERARD P . GOEHRINGER lk CHAIRMAN jr _ — �►, �! �" � '�V`� �"vP� o� rtun tier^: �>F�owrt � led irr 'fore .:-Xjff61L cyork' CI Jis or- .ti1c*l No. 786,- , f PNAU;HORIZEO AMRAIiON OR ADDITIO14- 1 TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YOTK STATE I X !!lTTT VJ EDUCATION LAW.a, CONES OF THIS SURVEY MAP NOT SEARING 1 �J i• rr'. THE LAND SURV0,-Nt'S INKED SI:AE OR WBO SEO S;A!.SNAIi NOT RE CONSIDERED Ole TO 8E.A VA'_ID TF.Uf COPY. �• J dUA.R.NTc.£S INDICATED i!EREON SHALL RUN - G CI?iLY TO 'IN::'vE.."ON f, W!'IOM TIE SUM � r IS FFeFAREJ. Arai: &HALF T THE / \ T=TL CCMPAIVf, GOVERNMENTAL A NCY F �J -A EENDINt; IIASTITJTiON LISTED HEREON,.AAC 1 n " TO THE ASSIG,•SES GF THE LENDING IIpT1 TUTiON.GUARA141EES A!;k NOT TRANS(!ft ` 1 'O ADDITIONAL INSTMIM-s 01? SUB�FC / l 17e, -v jrt-c! -1Ct✓. .�j i � s i - i � ;. �, }! MAP UF= �!-'L:�F�-�L•�:`..`r' I I �T : FENCE 'TYi LINE 1 r �b felrce P I w c:; ..a QL.I. k .l�h MI C :.rc�rta i�iorT: � I �' ~ �t-_.;Leh �•I' � C�(.JI'VA'�...L.�(!t� �lC�.�T. ...'7, � .lp�: I oc � .• ; _ 4�� L r c�at-i.�.ad 1-�cxrir-t Survc�ors � soud ®�d T®�,v� . ®�rd ®f MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE.(516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER; CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following 'Public Hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, New York on THURSDAY, JANUARY 13, 1983 commencing at 7 : 15 p.m. and -as follows : 7 :15 p.m. Application of MR. AND MRS. EDWARD PRESSLER, by Environment East Inc. as agent, 3075 Indian Neck Lane, Peconic , NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct residential addition with reduction in frontyard setback, at 110 Grove Drive, Southold, NY; Reydon Shores Filed Map No. 631 , Lots No. 4 and 5; County Tax Map Parcel ID No. 1000-080-04-024. 7 :20 p.m. Application of ANITA M. SAMUELS, Box 89B, Haywaters Road, Cutchogue, NY for Variances: (1) to the Zoning Ordinance, Article III, Section 100-30 (A) [1] for permission to construct inground pool on a vacant lot; (2) to New York Town. Law, Section 280-a for approval of access. Location of Property: South Side of Haywaters Road (a/k/a 155 Fisherman ' s Beach Road) , Cutchogue , NY; Lot No. 2 , Map of Peconic Bay Properties , Inc, , Filed Map No. 786 ; County Tax Map Parcel ID No. 1000-111-1-41. 7 :25 p.m. Application of OTTO ZAPF, by J. Hayes Kavanagh as attorney, 666 Fifth Avenue , New York, NY 10103 , for a Variance for approval of alternative access over rights-of-way located off the North Side of Main Road, Orient, NY over lands now or formerly of Kyrkostas and Demarest. Location of Parcel in Question: R-O-W off the North Side of Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-13-2-4 . 7 : 30 p.m. Application for CATHY VOLINSKI , by Robert Ketcham, Box 295 , East Marion, NY for a Variance to the Zoning Ordinance , Article VII, Section 100-70 (C) [1] for permission to place wall sign on existing building at 27980 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-86-part of 006 . Zoning District: B-1. -over- NOTICE IS.HEREBY GIV- EN,pursuant to Section 257 of the town Law and the,Provi- sions of the Amended'Code of COUNTY OF SUFFOLK the town of Southold, a Regu- ss: lar Meeting and the following STATE OF NEW YORK Public Hearings will be held by the Southold Town Board of appeals-at the Town Hall, Main road, Southold, New F NY York on FRIDAY,FEBRUARY ' Peconic, NY; Peconic � Patricia Wood, being duly sworn, says that she is the 4, 1983 commencing at 7:30 Shores Section II, subdivision pr, of THE LONG ISLAND TRAVELER-WATCHMAN, p.m,. and.as follows: Lots 52-56 incl.; County Tax 7:30 p.m: Application of Map Parcel, ID Nos. 1000,67- Iblic newspaper printed at Southold, in, Suffolk County; FRANK TARULLI,•1540 North 038:15 003, 012 and atio that the notice of which the annexed is a printed 8:15 p.m. Application of P copy, Bayview Road; Southold, NY WILLIAMB.BERLINER,JR., been published in said Long Island Traveler-Watch- for a Variance to the Zoning Box 647, Mattituck, NY Ordinance, Article III, Section :Owner: B. Norris) for a Vari- once each week for 100.03 for permission to con- g • • weeks ance to,the,Zonin Ordinance, struct accessory horse stable Article VII; Section 100-71 for essively, commencingon the ....................................a and staff one horse for person- sion to al use in this A-Residential houses addition wh construct arced f ..... . . . , 19 District at 1540 North Bayview. "" """'� ""' """"" Road, Southold, NY; Count y y i „a. side and setback at 105'Love y Lane, Mattituck, NY; Count - _ Tax Ma Parcel ID No. 1000 p .. .. ....... .. .. —' • Tax Ma Parcel ID No. 1000- 06-022.1. 141-04-031. 7:35 p,m. Application of 8:20 p.m. Application of LAST ASSOCIATES, Box 796, JOHN &•SABINA BASIEL Cutchogue,NY for a Variance 510 Custer Avenue, Southold,, to.the Zoning-Ordinance,;.Ar- NY for a Variance to the ticle III, _Sectwn; 100-31=.�for•. ._ Zoning Ordinance, Article III, 'Sworn to before this ...............��........... day of permission to construct .ones Section 100,31 for permission i S wo me family dwelling with reduced •••••• • 19.•�3 front,and rear yard setbacks to addition to exist- ,....... ,to construct upon parcel located on the 8 welling.with reduction in ' frontyard setback at 510 Cus- ter side of .Birch.Avenue, _ ter Avenue, Southold, NY; Southold; NY; Conty Tax Map Fairview .Park Subdivision Parcel ID No. 1000-77-01-021. Map 3388, Lot 11; County Tax 7:40 p:m. .Application for Map Parcel ID No. 1000-70-08- .................'..•.......... .... ... ........ .... ........................ GRACE E. KENNEY, 2020 033. Nota ublic East Gillette Drive, East Mar- 8.25 1 p.m. Application for CLEMENT J.THOMPSON ion, NY.for a Variance to the JOSEPH &'MARY GNOZZO, NOTARY PUBLIC,State of Plea York Zoning Ordinance, Article M, No.52-9321725 by Gary Flanner Olsen, Esq., Residing in Suffolk County Sections 100-31 and 100-34 for Commission Expires March 30,1! Main road,Mattituck,NY for a permission to construct addi- Variance to the Zoning Ordin- tions to existing dwelling ;in- ance, Article VI, Section 100- creasing the lot coverage over 60 and Article XI, Section the 20% allowable and redu- 1004181) for permission to cing the front and rear, yard reinstate nonconforming setbacks, at 2020 East Gillette dwelling use for existing build- Drive,East Marion, NY; Mar-. ing in this B-Zone at 73265. ion Manor Subdivision Map Maine Road, Greenport,�NY; #47; County Tax Map Parcel. County Tax Map Parcel ID No. ID No. 1000-38-03-030: - 1000-45-03-002. 7:45 p.m. Application of 8:30 p.m. Application of' GEORGE , AND NATALIE IRENE -& POPPI PAPADA- WIESER, Harbor Lane, Cut- KIS, Main KRoad, Box 28, chogue, NY for a Variance to Orient, NY for a Variance to 1 the Zoning Ordinance, Article the Zoning Ordinance, Article , III, Section 100-32 for permis- ID, Section 100-30 for permis-J sion to. construct accessory, sion to use part.of residence garage in the frontyard area at, for a skin,care�•clinic at 26165 1415 Harbor Lane,Cutchogue, Main Road,Orient,NY;Coun- NY;County,Taa Map Parcel IE ty Map Parcel ID No. 1000-18- No. 1000-97-06-010. 03-023. 7:50 p •.m. Applicaton for Dated: January.A3, 1983. . EAST END'. SUPPLY, CO.,, BY ORDER OF THE I INC. by Irving L. Price, Jr., SOUTHOLD TOWN � Esq.,828 Front Street, Green- .BOARD OF.APPEALS port, NY for a Special Excep= GERARD P.GOEHRINGER* tion to the Zoning Ordinance, CHAIRMAN Article VIII, Section 100-80B GERARD P.'GOEHRINGER, for permission 'to construct CHAIRMAN warehouse-office".building in (By Linda Kowalski)i this "C-Light Industrial" 1T-1/27/83(10)i Zone. Location of Property: South Side of Corwin Street, Greenport, NY; County.Tax . Map Parcel ID No. 1000-48-02- 002&003..; :00 p-2 Recessed Hear- g: Appeal No. 3061. ANIT SAMUELS: M. Pool o vacant-lot; (2) Approval o ccess. :00'p.m. Recessed Hear- ing; Appeal. No. 2930. SAL CAIOLA.. To contruct condo- minium units at C.R. 48, -Southold;'NY._, 8:10 p.m. Application of RONALD J. ROTHMAN, Box 878, Southold,'NY(Owner: V. L'Epplattnier) for,a Variance to the zoning Ordinance, Art- cle III, Section 100-31 for permission to construct new dwelling with insufficient front and read'.yard setbacks .at• Lakeview Avenue; Peconic, the Town Law and the Provi- 1 COUNTY OF SUFFOLK sions of the Amended Code of STATE OF NEW YORK ss. the Town of Southold, a Regu- lar Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Town Hall, Patricia Wood, being duly sworn, says that she is the Maic_ Road, Southold, New Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, York on THURSDAY, JAN- i UARY 13, 1983 commencing at j a public newspaper printed at Southold, in, Suffolk County; 7:15 p.m. and as follows: and that the notice of which the annexed is a printed copy, 7:15 p.m. Application of MR. AND MRS. EDWARD has been published in said Long Island Troveler-Watch- PRESSLER, by Environment ! man once each week for .........weeks East ............................... Inc.as agent,3075 Indian z^ Neck Lane,Peoonic,N.Y.fora successively, commencing on the Variance'to the.Zoning•Ordin- ""' . ance, Article III, Section 100- ' 31 for permission to construct day '�}.. ................. 19...... residential addition with re- ductionin frontyard_ setback, ......... .....................................•............. ........................ at 110 Grove Drive, Southold, N.Y.; Reydon Shores Filed Map No.631,Lots No.4 and 5; County Tax Map Parcel ID No. 1 -080-04-024. 7:20 p.m. Application of G ANITA M. SAMUELS, Box Swor to before me this ................................ day of 89B, Haywaters Road; Cut- F3 chogue, N.Y. for Variances: ......•••• �-� ............� 19........ (1) to the Zoning Ordinance, Article. III, Section 100-30(A) (1) for permission to construct inground pool on a vacant lot; (2) to New York Town Law, Section 280-a for approval of. Notary Public access. Location of Property: South Side of Haywaters Roa 4° (a/k/a 155 Fisherman's Beach �'RL7i±r` ,'•�c'Ai��7 Road), a. utcho ue, N.Y.; Lot � fOr g No. 2, Map of Peconic Bay Properties, Inc., Filed Ma I p P di l 8r av aa;4 o:­, No. 786; County Tax Map Ca;�eni sign SCE tag ;s4r,�:,3,h�4c Parcel ID No. 1000-111-1-41. / 7:25 p.m. Application of OTTO ZAPF, by J. Hayes Kavanagh as attorney, 666 Fifth Avenue, New York, N.Y. . 10103, for a Variance for' approval of alternative access over rights-of-way located off the North Side of Main Road, Orient,N.Y.over lands now or formerly of Kyrkostas and .Demarest. Location of Parcel In Question: R-O-W off the North Side of Main Road, c Orient, N.Y.; County Tax Map-6 Parcel ID No. 1000-13-2-4. 7:30 p.m. Application for CATHY VOLINSKI,by Robert Ketcham, Box 295, East Mar- ion, N.Y.for a Variance to the Zoning Ordinance,Article VII, Section 100-70 (C). (1) for permission to place wall sign on existing building at 27980 Main Road, Cutchogue, N.Y.; County Tax Map Parcel ID No. 7 ,/ 1000-102-86-part of 006. Zon- ing District: B-1. 7:35 p.m. Application of :. CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, N.Y. for a Variance to the Zoning Ordinance, Article III, _ Section 100-31 for permission to construct enclosed pool and ' deck areas, which will exceed the maximum permitted 20% lot coverage requirement of the zoning code. Location of Property: 75 Woodcliff Drive, Mattituck, N.Y.; County Tax Map Parcel ID No. 1000 107- 07-028. _ /:4b p.m. Application for4. SAL CAIOLA, by David E. Kapell as agent, 143 Sixth Street, Greenport, N.Y, for a < �Fa i Special Exception to the Zon- o Yw rv.,Py P p ;) Ft a rr r�''',r!'y 1 i�t r i f!'} t ,-,i a-1 >t��1• �R2'?✓s+ 3 Zcqw}c r_�. �s orfS, ..2m,ka3n�r"-,µ y..c.'v..yt.am."„�+,`s,?a.t,°4>s t,4z.b.r.•,��,�°..n.f,�".CSing Ordinance, Art icle V, ec r -'1C:..-,,x.•P,.r{.af,� e`?t a y;.i'.,Y tion 100-50 (B) .(3) and Ar''„ � +'S 3. ••icl c .; nn a •'T. `�.w'�,.2(± i+•=r4 •'z�F"-K7'i•',s' ..'—. iY..Jye....i3�,�r.'3R'G }�t .'S,L+r.-'vu,-i' T5._-t s..N.f1 -r v`' te.V1, Se1ct10II:`1�$1;Bulk e F.? •r .J F j H 1• k L v ."� r. �' Xir�?"`s^c rl''.�' '{q.. �1 _ �- a `„ Schedule,- for permission'°t0 J ' ,� �- j• =,-.-' ::. LEGAL NOTICE NOTICE IS -HEREBY _ ` - GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the fol- lowing Public Hearings will be held by the Southold Town Board of Appeals at the Town COUNTY OF SUFFOLK, 1 Hall, Main Road, Southold, } gg; New York on THURSDAY, STATE OF NEW YORK. JANUARY 13, 1983 commenc- ing at 7:15 p.m. and as follows: .Troy .Gustayson . . . . . , , being duly Sworn, 7:1 , sp MRSplicaEoDn of MR. W AND ARD says that PRESSLER, by Environment ays at hE. . . . . is Printer and Publisher of the SUFFOLK East Inc.as agentPeco ,3075 Indian WEEKLY TIMES, a newspaper published at Greenport, in said Va ae Lane,-o� the y Z ninfr g county; and that the notice, of which the annexed is a printed Ordinance,Article III,Section 100-31 for permission to con'—� copy, has been published in the said Suffolk Weekly Times struct residential addition I one , . , , , weeks with reduction in front yard ° once in each week, for . . . . . . . . . . .. .. . . . . setback, at lio Grove Drive, successively commencing on the 6th Southold, NY; Reydon Shores Filed Map No. 631, Lots No. 4 day of January ..t--193 and o County Tax Map Parcel Y E/`� I No.1000-080-04-024. 7:20 p.m. Application of AIn '- M. SAMUwaters S, Box Sworn to before me this I. . . .6txl . . . ; 89B, Haywaters Road, Cutchogue,NY for Variances: day of srllaxd. , • , , , 19.8.3. J r c the Zoning Ordinance, Article III, Section 100- . . . . . . . . . . . . . L� i (/ 30(A)11] for permission to construct inground pool on a . . . . . . . . vacant lot; (2) to New York �p ' • ' Town Law, Section 280-a for approval of access. Location of Property: South Side of fifLEN K. DE VOE Haywaters Road (a/k/a 155 NOTARY NIBLIC, Slate of New fork Fisherman's Beach Road), Cutchogue, NY; Lot No. 2, No.4707878, Suffolk Count Map of Peconic Bay Term Expires March 30, 1 Properties,`Inc., Filed Map No. 786; County Tax Map arcel ID No.1oo0-111-1-41. _.. -_-- :25 P.M. Application of ------------- - - _ OTTO ZAPF, by J. Hayes Kavanagh as attorney, 666 Fifth Avenue, New York, NY :r .10103, for a 'Variance. for approval of alternative access 'over rights-of-way located off the North Side of Main Road, Orient, NY over lands now or f formerly of Kyrkostas and Demarest. Location of Parcelb° . in Question: R-O-W off the North Side of Main Road, Orient, NY; County Tax Map Parcel ID No.1000-13-2-4. 7:30 P.M. Application for CATHY VOLINSKI,by Robert Ketcham, Box 295, East - Marion, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70(C)[1] for - permission to place wall sign on existing building at 27980 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-86-part of 006. Zoning District:B-1. 7:35 p.m. Application of CYNTHIA KAMINSKY, 75 ' A:- Woodcliff Drive, Mattituck, ", � � . ` , -r " � v .3 �'� '•' y -g a NY for a Variance to the.. Zoning Ordinance,Article III, Section 100-31 for permission to construct enclosed pool and deck areas,which will exceed the maximum permitted 209j, lot coverage requirement of the zoning code. Location of Property: 75 Woodcliff Drive, 'Mattituck, NY; County Tax Map Parcel ID No.1000-107-07- 028. 7:45 p.m. Application for SAL CAIOLA, by David E. Ka ell as agent, 143 Sixth Street, Greenport, NY for a -: Special Exception to the Zoning Ordinance, Article V, Section 100-50(B)[3] and Article VI,Section 100-51,Bulk p Schedule, for permission toil construct condominium units (multiple dwelling-units)to be located at the South Side of C.R.48,Southold,NY; County Tax Map Parcel ID No. loop- �+ - .) ,r' Sr 3"..L _... rt a J� yra:,Si'rr a.u"•'yr:F �..Jb�7 L-x{. W Lr r 3 } ya"!' t 47'k,�•`.,',C2 51-5-2.Zoning District:M-1. xS�} q1 r y Y J 7Yaf 1 Allwishing "Y i7*Y 3F 'YiJ Persons wi fishing to be }' ._t 4 it;4r< w Y1 +l tix iy ljj�Y X3 t S�v,. Sk u� Yw r a " axr vt,.,..Ft ty rt,-s k,z z �. y heard -on �'°ti .+ �.r�+""y,`r r x� a<: �< Vs�, r ,k3r�rdr r tax'-:.,-,the . .above �� applications shall a } he ti appear at = me and r K � �E t. Place above• v�__... �_ a __ :s .. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Anita M. Samuels NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Eileen Eberhardt PROPERTY OWNER 514 W. Broadway Port Jefferson, N.Y. 11777 5 YOU ARE HEREBY GIVEN NOTICE: •.s. 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 Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property.and is des- cribed as follows: Lot /;42 County Tax. Map 111 Block 01 Lot 041 Subdivision Peconic Bay Properties filed MaD 9785 Lot No. 2 3. That the property, which is the subject of such Petition is located in the following zoning district: Residential 4. That by such Petition, the undersigned will request the following relief: Construct a swimming pool. Access to parcel along private road (N.Y. Law Section 230A) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 3 Section 100-30A (1) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island 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. November- 22, 1982 Dated: Petitioner P ®8ff ox I�, Cutchogue, 1'.Y, 11935 Board of Appeals Totin of Soul' old (0 A- PROOF OF MAILING OF NOTICE 40, ATTACH CERTIFIED MAIL RECEIPTS NAME _ ADDRESS P 384 727 618 NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) Sit to - rII.EE�1 �KEK h��►Zn l j Street F D.,Statynd ZIP Code o T J U LF 9 Sal A) Postage $ Cortificd Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered �D Return Receipt Showing to whom, N Date,and Address of Delivery w Q TOTAL Postago and Fees A J � Postmark or Date cD oo R4 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: residing at i being duly swo , deposes and says that on the y Y day of , 19 , deponent mailed a true copy of the Notice set forth on the re= verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assess nent roll of th Town of Southold that said Notices were mailed at the United States Post Of- fice at � • `;. ;that said Notices were mailed to each of said persons by (certified) (regis red) Mail. - Sworn to-be ore me t is V day of , 19 tY Notary Public PIGGY MIMI NOTARY PUBLfC, Strte of New York No. 4716725,Suffolk Com ily Term ExpiresKq rch 30, 195-4 i I Southold . Town Board, of Appeah 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. S.E.Q.R.A. December 22, 1982 SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3061. PROJECT NAME: ANITA M. SAMUELS This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act ctf the Environmental Conservation Law. This board determines the within .project not to have a significant . adverse effect on the environment. Also, please take 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:.� (a) Approval of access over a private road; (b) Approval of construction of pool on a vacant parcel. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Haywaters Road (Fishermen' s Beach Road) , Cutchogue, NY; , 1000-111-1-41. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project. be implemented as planned. (2). Pursuant to Article 25 of the Environmental Conservation Law, applicant has received approval from the N.Y.S. Department of Environ- mental Conservation, Permit #10-82-0740; for new construction of the proposed swimmingpool applied for in the variance. application. (3) There is to be no disturbance to vegetation or topography within 50 ' of mean high water. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of `Appeals, Main Road, Southold, New York 11971. Telephone : (516) 765-1809. _ - u Copies of this notice sent to the applicant (s) or agent (s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. SHO!' EHVI RON,MENTAL ASSESS1&N I rul:rn " I1.ISTRUCTIONS : s, o 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 act.io'n . 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 significant and a completed Environmental Assessment Form is necessary . (c ) If all questions have been answered No it is likely that this project is not significant . (d ) Environmental Assessment 1 . v/ 1 project res6 t in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . . . . . . . . . . . . . . . -Yes ✓fio 2 . Will there 'be a major change to any unique or -unusual land form found on the site? . . . . . . . . . . Yes��PQo 3 . Will project alter or hove a large effect on existing body of water? . . . . . . . • Yeso 4.. Will project have a potentially large impact , on groundwater quality? . . . . . . . . Yes C- o 5. Will project significantly effect drainage flow on adjacent sites? . . Yes Vl�o 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . . Yes L-wo 7. Will project result in a major adverse effect � on air quality? . . . . . . . . . . . . Yes ✓No S . Will project have a major effect on visual character of the .community or scenic views or. vistas known to -. be important to the community? Yes t�o 9 . Will project adversely impact any site or .- structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? . . . . . . . . . . . . .: . . . . . . . : . Yes L11<0 10 . Will project have a mojar 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 "q10 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical . disturbance as a result of the projects. operation? . _ . . . Yes Vi�lo 13 . Will project � have �'any impact on public health or . safety? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes LOo-t 14 . Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or . � neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes LSO 15 . Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes PREPARER ' S SIGNATUPE REPRESENTING_ DATE Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 3061, application of Anita M. Samuels for a variance. Also included is: Notice to Adjacent Property Owners, Short Environmental Assessment Form, Letter relative to the N.Y.S . Tidal Wetlands Land-Ilse Regulations, copy of D.E.C. Tidal Wetlands. Permit No . 10-82-074 (Thomas Samuels) , Surveys of the Property, Notice of Disapproval from the Southold Town Building Department . 41 (Today s Date) To: Southold Town Board of Appeals i-ain Road Southold, NY 11971 Re : ApzDeal Application of Location of Property: �� F.2.9.1�C cQ) Cie Dear Sirs : In reference to the New York State Tidal Wetlands Land-Use Regulations , 6 NYCRR, Part 661, and Article 25 of the New York S`_ t•� iP.V'irOnmental COnServatiOn Law, Please be advised that the sui] ect property in the within appeal application : check one box) [ U" Mav be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. * [ ] Mav be located within 300 feet of tidal wetlands ; hc, ever, constructed along the water-lying edge of this Propert_ is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] Mav be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ Mav be located within 300 feet of tidal wetlands ; and there is no bulkhead or concrete wall existing on the preiiiises . Is not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items ' (*) indicate your property; does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ] �incerely yours , UU'yz'4��l F11�12Z (Signs:tL're please) Zq& "14, '-(V ItO� AV/ r = 910' TOWN OF SOUTHOLD, NEW YORK / APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.� 1 DATE ..... � /x�?- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 441 1 (We) ......Anita 1.so....Samuels.....................of �cx ���s� Eaywaters € . , 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 Dr* & Krz laomas E» Samuels ................................................................................. Name of Applicant for permit ................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) permit for a iTwing pool 1. LOCATION OF THE PROPERTY ....���"� �������..���a �i"3IL��dat3��„ •�+„ ...................... Street Use District on Zoning Map l3z 04'l (2) , /Vlap 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.) Lot #2 is single & separate building bUilding lot, Prineipal use is a i family dwelling. ,» nee is reqUred to construct in ground. pool aua—parllmipal 3. TYPE OF APPEAL Appeal is made herewith for ,0) building.. )y' ) A VARIANCE to the Zoning Ordinance or Zoning Map pending. ( �) A VARIANCE due to lack of access (.State of New York Town Law Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( �-) A Variance to Section 280A Subsection 3 (,(j) A Variance to the Zoning Ordinance is requested for the reason that Form zBl (Continue on other side) REASON FOR APPEAL Continued , 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Lot is adjacent to property on which principal residence of applicant is located. The pool is to be considered an adjunct to that dwelling. The lot is in single and separate ownership due to IRS penalties 'on joint ownership for estate taxes on death. Upon death of either person the lots will be merged. Also, if the property were in single ownership, a variance would be required for .construction in a side yard. The N.Y.S.D.E.C. application is pending. Since pool is in excess of .75' from YEW, a no permit necessary letter should be granted. The pool conforms to the Land Use Regulations. 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 Both lots are small lots. There is not sufficient area on the house lot to install a pool. The backyard is unavailable, due to D.E.C. restrictions in building within 75' of tidal waters. Therefore, Lot #2 is the only area where pool can reasonably be constructed. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There are on Fishermans Beach several lots adjacent to existing homes on which residences are not constructed. There will be little or no visual impact to this structure. This construction will remove for practical purposes the possibility of the construction of an additional home, in what I' consider, an environmentally fragile area. STATE OF NEW YORK ) ss .... .... .... .......��. . ....... ...... , COUNTY OF ) Signature Sworn to this .. 0......... day of.................. . .................. "2Ota.rvy* Public PEGGY FtNELLI NOTARY PUBLIC,State of New York No.4716725,Seffolk CoMy Teem Expires March 30 .i984 '�, �7s- � �' ��.� - � f �; ^F+ ,,