HomeMy WebLinkAbout3062 ~O- #3~62 .......
R.O.W. North Side Main Rd., OJient~l/13/83
rights,of-way.
13-2-4
7/8/85 #3381 Permissi.on to construct a accy.
building in front yard. ~,~ ~s ~~/~S~
oS�F�o��D
j: Southold Town Bcard 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. 3062
Application Dated December 13 , 1982 (Public Hearing held l/13/83)
TO: J. Hayes Kavanagh, Esq. [Appellant (s) ]
Attorney for OTTO ZAPF
666 Fifth Avenue
New York, NY 10103
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
[ ] 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
[X ] Request for Alternative Access Route per 280-a Town Law
The public hearing on this request for alternative access was held on
January 13 , 1983.
Upon application of OTTO ZAPF, by J. Hayes Kavanagh as attorney,
666 Fifth Avenue , ' New York, NY 10103 for a Variance for approval of alter- '
native 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 .
The board made the following findings and determination:
This is an application for permission to use part of an alterna-
tive right-of-way adjoining the legal right-of-way to the premises in
question along the easterly boundary for a distance of approximately
1200 .feet. The original approval of access was given a conditional
approval by this board on October 30 , 1982 under Appeal No. 3043 to
Mr. and Mrs . Gus Kyrkostas , predecessors in title, and was filed with
the Town Clerk ' s Office on November 4 , 1982. As shown on plan dated
November 1982 and filed with this application, . access to the premises
commences at a point on the northerly side of Main Road (running along
the easterly boundary of a 2. 232 acre parcel now or formerly of Kyrkos-
tas) running northerly 424. 08 feet, a. width of 15 feet, thence running
northeasterly and northerly 1597. 22 feet, thence running northwesterly
and northerly 50 . 09 . feet to the driveway area of .the parcel in question.
It is noted _for the record that this is an alternative choice
of access for the for
of the parcel in question, and in the event
the. owner does not choose this alternative access , then the prior
decision of this board filed November 4., 1983 shall be adhered. It
is also noted for the record that similar improvements are required
for this alternative route as that required for the original access.
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
(CONTINUED ON PAGE TWO)
DATED: February 28 , 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form :ZB4 (rev. 12/81)
Page=.2 Appeal No. 3.062
Matter of OTTO ZAPF
Decision Rendered February 4 , 1983
.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.
On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was
RESOLVED, that Appeal No. 3062, application for OTTO ZAPF for
approval of an alternative access route, BE AND HEREBY IS APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS :
1. That this access road running along the easterly side of
premises now or formerly of Kyrkostas a length of 424 . 08 feet (from
the northerly side of Main Road) , shall :
(a) be improved and cleared a minimum width of 15 feet
[except that the stone wall existing near this right-of-way shall
not be disturbed] ; and
(b) be improved with a minimum of 4" of stone blend to
a width of 15 feet.
2 . That the remainder of this alternative right-of-way, which
is a length of approximately 1597. 22 feet and 50. 08 feet, shall have
a clear and unobstructed with of 15 feet and shall
(a) be improved with 2" of three-quarter-inch stone blend
and properly leveled.
3. Where the terrain of the land over which such access road
is to be traversed is such that drainage problems may occur in the
future, the applicant (or ' subsequent owners) shall be required to
construct such drainage facilities as may be recommended by the town
(road engineer) .
4 . All work required as hereinbefore set forth shall be performed
under the supervision of the town (road) engineer, and no certificate
of occupancy for vacant land or structures shall be issued until these
requirements have been complied with.
5 . That this approval of alternative access is subject to
approval by the owner of the alternative access (now of H. Demarest)
giving his written consent therefor.
6 . That the Board of Appeals may make any reasonable exception
as in its judgment it deems appropriate under the circumstances con-
cerning the improvements of this right-of-way.
7. That in the event this right-of-way is to service more than
one residence, then this entire right-of-way must be brought up to
the specifications adopted by this board on March 22 , 1979.
Location of Parcel in Question: County Tax Map District 1000 ,
Section. 013 , Block 02 , Lot 004, containing 3. 136 acres , at Orient, NY.
Vote of the Board: Ayes : Messrs. Goehringer, Grigonis , Doyen,
Douglass and Sawicki. This resolution was unanimously adopted.
FILED WITH TOWN CLERK' S ftVYLD
OFFICE MARCH 1 , 1983 (p.m. ) !K�✓ � 2�—
f halffiHn Board of Appeals
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24 s.
n1d To n Southu W
Board ®f Appeals
�• _`�.. MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I„ N.Y. 11971
1 � .
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
- 0SEPH 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.
CNo1000
:25 p.m. Application of OTTO ZAPF, by J. Hayes Kavanagh as
ey, 666 Fifth Avenue , New York, NY 10103 , for a Variance for
al of alternative access over rights-of-way located off the
Side of Main Road, Orient, NY over lands now or formerly of
tas and Demarest. Location of Parcel in Question: R-O-W off
rth Side of Main Road, Orient, NY; County Tax Map Parcel ID
-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-
w r
Page 2
v 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 100-31 for permission to construct enclosed pool and deck
areas, which, .:will' -exceed'-the maxmimum permittEFd ,20 o coverage
requirement of the zoning. code. Location of Property: 75 Woodcliff
Drive , Matt:ituck, NY; County Tax Map Parcel ID No. 1.000-107-07-028.
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
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
c.
RECEIVED C
13 'iu TOWN OF SOUTHOLD, NEW YORK
APPEAL NO.(_3 Qi9 02
[•own NO* AgP`LICATION FOR MODIFICATION OF
DECISION ON APPEAL NO. 3043 DATE ...J.-9 ..��
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 (We) Otto ZaPf............................................... ,OP ueh e
Nr,ine of Appellant Street and Number
6240 Koenigstein Federal Republic of :Germanv HEREBY
...H APPEAL TO
Municipality State
FOR MODIFICATION OF ITS DECISION ON THE APPEAL
THE ZONING BOARD OF APPEALS C�� XTXtXl� XC � 4�1XL
FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ............. DATED .,September 29,..1982
.. ........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
..Gus..Kyrkostas
.....................................................
Name of Applicant for permit
of 30-03 . 72nd Street Jackson Heights, New York 11372
................................................................ ..... ...................................................
Street and Number Municipality
State
( ) PERMIT TO USE
(X ) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY Orient,,,,,,Tax„Map.,District. 1000.......
Street Use District on Zoning Map
1000-13-2-4
.................................................................................
/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.)
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 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
( X) request for a variance
and was made in Appeal No. 3.0.43........................Dated ..9/W9/ (Application) 11/4/82 (Decision)
................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( X) Approval of Alternative Access Pursuant to Sec. 280 A (3)
is requested for the reason that the alternative access would be over a right—of—way which
is already improved; whereas the access which has been approved is over a
right—of—way which is unimproved.
Form zB1 _ (Continue on other side)
REASON FOR APPEAL Continued
• i
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or.unneces-
sary HARDSHIP because
it would require construction of an access road over an unimproved right-of-way,
most of which is parallel to and contiguous with an existing improved access
.road.which Applicant could obtain the right to use. . The• existing access road
is 15 feet wide, whereas Applicant's right-of-way is only 10 feet wide over.
that section of land which parellels the existing access road which Applicant
seeks approval to use as access.
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because
they already have approved and improved access roads or, in the case of the
property immediately west of the subject property, will have improved access
roads if subdivision is approved.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
it would permit use of an existing improved access road and eliminate the need
to construct a new access road along and immediately next to the existing.
access road for a distance of approximately 1200 feet, as shown on accompanying
survey map.
JERSEY
STATE OF NEW Y'S1 )
ss ......../ ...... `. ........1..................... . ........
COUNTY OF MONMOUTH ) / Signature f
J. Hayes Kavanagh*, Attorney for 'Otto Zapf
\ . Sworn to this ........8th................................ day of. December...................................... 19 i
2
ti ,, z' blic :................... .... *Address.
Notary Pu
JULIA E. HARPER 666 Fifth Avenue
NOTARY PUBLIC OF NEW JERSEY New York, New York 10103
, (212) 974-8840
My Commission Expires Aug. 4, 190
Four
9: C i k Yes, j.._ P u
:� , SoutholdT® ®ard
�� 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 March 1, 1983
J. Hayes Kavanagh, Esq.
666 Fifth Avenue
New York, NY 10103
Re: , Appeal No. 3062 - Otto Zapf
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and deter-
mination recently rendered and filed this date with the Office of
the Town Clerk concerning your application.
In the event your application has been approved, please be sure
to return to the Building Department for approval of any new construc-
tion in writing, or for other documents as may be applicable.
If you have any questions , please .do not hesitate to call either
our office (765-1809) or that of the building inspector (765-1802) .
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure By Linda F. Kowalski
Copy of Decision to Secretary
Building Department
Mr. David Horton
1 " 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
, Southold COUNTY OF SUFFOLK,Hall, Main Road } ss.
JANUARY 13, 1983 commenc
New York on THURSDAY,, STATE` OF NEW YORK,
-
ing at 7:15 P.M. and as TTO Gust3VSOri
follows: y , • being duly Sworn.
7:15 P.M.Application of MR.
AND MRS. EDWARD says that he. . . . . is Printer and Publisher of the SUFFOLK
Environment
East Inc.as agent 3075 Indian WEEKLY TIMES, a newspaper published ct Greenport, in said
Neck Lane,Peconic NY for a�l
Variance to they Zoning county; and that the notice, of which the annexed is ra printed
Ordinance,Article III,Section
100-31 for permission to con- copy has been published in the said Suffolk Weekly Times
struct residential addition:! one. , weeks
with redtictiori in frontyard once in each week, ,tar
setback, at 110 Grove Drive, successively commencing on the 6th
Southold, NY; Reydon Shores ' ' ' ' ' ' ' ' ' • ' ' ' • ' . • . • • • • •
Filed-Map No. 631, Lots No."4 ,TanUaZ' 19 83
and 5;County Tax Map Parcel day of
ID No.1000-080-04-024. - •1 . .
7:20 p.m. Application of . . . . . . . . " . . . . . . " " " " . . . . . . . . .
ANITA M. SAMUELS, Box i
89B, Haywaters Road Sworn to before me this . . . .6tk1. . .
Cutchogue,NY for Variances-
(1) to the Zoning Ordinance,. day of • • J.�Uaxy. . . . . . ,119.8_.3,. )
Article III, Section 100' � . .:. "'. . X�tL
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 ffELEN K. DE VOE
Haywaters Road (a/k/a 155 NOTARY PUBLIC, Stato of New fork
Fisherman's Beach Road),
Cutchogue, NY; Lot No. 2, No.4707878, Suffolk Ccuntyy�''
Map of - Peconic Bay Term Expires March 30, 1°-
Properties, Inc., Filed Map
No. 786; County Tax Map
eel 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 i
ormerly of Kyrkostas and
emarest. Location of ParceLb .
in Question: R-O-W off the
North Side of Main Road, -
Orient, NY; County Tax Map
arcel ID No.loco-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
ti a Woodcliff Drive .. .- *4a-r .w �ru K. .� , � 1Y �• av 3;.Mattituck, ,
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.
Kapell as agent, 143 Sixth
Street, Greenport, NY fora
Special Exception to the
Zoning Ordinance, Article V,
Section 100-50(B)[3] and
Article VI,Section 100-51,Bulk
Schedule, for permission toa
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 cv e ��.'xG 'n�t� jNrt � t i Jyy a+ i ✓ � �, a c rs�3 y .
51-5 2.Zoning District:M-1. y;{ rn { ; t �•ft sf 4 r it sz$ >a G ,� 4Y 6 t r
.. All persons wishing to be
4 tr1 s '� +-•••.•Wit^``-� >..v a `^7 I-ri,,- ten. t -:.
heard..,..:;a ,Y, w � �; r�; 4Nr�Y s ��. �x4f r
n`. :.the above' - , L E x t .: �: `�z���� ,-�, - -�-,�
applications shall appear at
'aherytime`and_place above`
,l '•;the Town Law'and the Provi- 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
Main Road, Southold, New Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
York on THURSDAY, JAN-
UARY 13,1983 commencing at 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 Traveler-Watch-
PRESSLER, by Environment man once each week for """"""'.............../.........weeks
East Inc.as agent,3075 Indian
Neck Lane,Peconi% N.Y.for a
Variance to the.Zoning Ordin- successively, commencing on the ....................................
ance, Article III, Section 100- day � ^^�.................... 19...43
31 for permission to construct •/T.. .
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.
1000-080-04-024.
7:20 p.m. Application of L
ANITA M. SAMUELS, Boa
Savor to before me this ................................ day of
89B, Haywaters Road; Cut-
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,
..... .... .... ........ry ....... .............. .....................
Section 280-a for approval of Noto Public
access. Location of Property:
''South Side of Haywaters Road.,4°
(a/k/a 155 Fisherman's Beach �,���
Road), Cutchogue, N.Y.; Lot R3 IZ 19i'4T '7 O=71i
No. 2, Map of Peconic Bay S21725
Properties, Inc., Filed Map
No. 786; County Tax Map �,i71iiYLSSlOtir�t=rc;�Ali,
P el 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,
Orient, N.Y.; County Tax Map-
arcel 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, Mattituek, ..• '
N.Y. for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for permission
to construct enclosed pool ands' _K
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•
/:40 p.m. Application for
SAL CAIOLA, by David E.
Kapell as agent, 143 Sixth
Street, Greenport, N.Y. for a
nra . Special Exception to the Zon-
ing
r Ordinance Article V Sec. L � � � � � � � �4`��•>�
r f
„• 1 tion.100-50 (B)-.:(3) and.
Ar u<utsYv •"''E k: t.Fa ^, ,r y �`-*v� t y ...` .zv..+�-.�•."�^+J-'F"''� .lr.�
....,..�,�4,-� += .y "5.`r`i—'.-YS ''a'Y'r^ ;,ir r,'+•i+.,r� w'-+. 7ar' ,..:a•,'9,^`Ui'o>Y`z u;,`>'•r 'S 3c r+.s ti x
ticle VI, Selction 100-51,.Bulk
Schedule; for permission to
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 13, 1982
To : Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3062 application of Otto Zapf for
a variance. Also included is notificiation to adjacent property owners ;
Short Environmental Assessment Form; Letter relative to N.Y. S. Tidal Wetlands
Land-Use ; Notice of Disapproval from tY�e Building and survey.
' udith T. Terry
Southold Town Clerk
RECEIVED
��, 3 TOWN OF SOUTHOLD, NEW YORK
APPEAL NO.\_2 a 46 12)
T011M Carl;ATIIDIICATION FOR MODIFICATION OF pp
DECISION ON.APPEAL NO. 3043 DATE J... .. ..Q,
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 (We) ...............................................of ......
Name of Appellant Street and Number
6240 Koenigstein Federal Republic of Germany ....HEREBY APPEAL TO
................ .. ............
Municipality State
FOR MODIFICATION OF ITS DECISION ON THE APPEAL
THE ZONING BOARD OF APPEALS RROMxTVRxEMRMxX)ELIFNRxM=EnOGLVMBWMRXIDU
FROM THE DECISION OF THE BUILDING INSPECTOR ON Se tember 29 1982
APPLICATION FOR PERMIT NO. .................................... DATED ......P...................�...........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Gus..Ky.rko s tas
.................................
Name of Applicant for permit
of 30-03 72nd Street Jackson Heights, New York 11372
Street and Number Municipality State
( ) PERMIT TO USE
( X ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ..Ma;Ln„Road,,. Orient......Tax„Map„District„1000................
Street Use District on Zoning Map
1000-13-2-4
..................................................................................
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
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 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
( X) request for a variance
and was made in Appeal No. .30.43........................Dated ..9/29/82 (Application) 11/4/82 (Decision)
..........................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( X) Approval of Alternative Access Pursuant to Sec. 280 A (3)
is requested for the reason that the alternative access would be over a right—of—way which
is already improved, whereas the access which has been approved is over a
right—of—way which is unimproved.
Foim ZB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
it would require construction of an access road over an unimproved right-of-way,
most of which is parallel to and contiguous with an existing improved access
road which Applicant could obtain the right to use. The existing access road
is 15 feet wide, whereas Applicant's right-of-way is only 10 feet wide over
that section of land which parellels the existing access road which Applicant
seeks approval to use as access.
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
they already have approved and improved access roads or, in the case of the
property immediately west of the subject property, will have improved access
roads if subdivision is approved.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
it would permit use of an existing improved access road and eliminate the need
to construct a new access road along and immediately next to the existing
access road for a distance of approximately 1200 feet, as shown on accompanying
survey map.
JERSEY
STATE OF NEW Y=K )
ss �2� /tto
.. ..:..... ........... ... .........:................... .
COUNTY OF MONMOUTH ) Signature
J. Hayes Kavanagh*, Attorney forpf
Sworn to this .,,,, 8th ........... day of. December
.. ........ .... ........................ 19 �2
.......:.C¢ Gl... .�/2"/' *Address:
Notary Public
666 Fifth Avenue
JULIA E. HARPER New York, New York 10103
NOTARY PUBLIC OF NEW JERSEY (212) 974-8840
My Commission Expires Aug. 4, 1988
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
Otto Zap NOTICE -.
TO.
to the Board of Appeals of the Town of Southold
ADJACENT "
TO: PROPERTY OWNER
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 Exception)' (Special Permit
q (Variance) P P ),( P ) (Daher) [circle choice]'
, Approval of alternate access .(by modification of prior-decision granting variance
approving other access) . 5
2.'That the property which is the subject of the.Petition is located adjacent to your property-and is des
cribed as follows: County Tax Map Parcel 1000-13-2-4
3. That the property which is the subject of such.Petition is located.in.the following zoning,district:'
"A" Residential
4. That by such Petition, the undersigned will request the following relief: Approval of
alternative access over right-of—way to be acquired over'property held by Demarest
5.:That the-provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article. XIV . Section 100-141 B
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 maybe 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: . December..a, 1982
Pet` ones J.., Ha/es Kavanagh, Attorney*
Post,Office Address
666 Fifth-Avenue
New York,. New York 10103.
(212) 974-8840
*For Otto. Zapf, purchaser pursuant to
contract with_Mr.. and Mrs. Gus Kyrkostas, '
dated August ,1982, scheduled fo•r. closing
December 15; 1982.
c
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL 'RECEIPTS
NAME ADDRESS
1. Louis Demarest Main Road, orient,, New York 11957
2. Harrison M. Demarest, Jr. Main Road; Orient, New York 11957
3. Mrs. Harrison M. "Demarest, Sr.
4. Harold Reese, ,Sr. 855 Sunrise Hwy..; Lynbrook, New York 1.1563
5. Mr.,, & Mrs. Gus Kyrkostas 30-03 72nd Street, Jackson Heights, .New York 11372'
v .
STATE OF.NEW Y;44%K ) ss.:
COUNTY OF SHIJ f#31:K)
M.U W A Afs JTl
J. Hayes Kavanagh= „residing at 78 Park A-Venue
Larchmont, New York 10538 being duly sworn, deposes and says that on.the _Sth day
of December , 1982 , 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 Tow_ n of Southold;that said Notices were mailed at the United States Post .Of-
Tice at' New Jersey 07724 ;.that said Notices,were mailed to each of said persons b .
(certifie " .(� ) mail:
�Q
AHayavanagh
Sworn to before me this 8th
day.of December 1982
Notary Public
JULIA E. HARPER
NOTARY PUBLIC'OF NEW JERSEY
My COMMISSIon Expires Aug. 4," 198Q
:' SHU :" E�lVIF,C)i'l;ii=ivThL ASSE-SSI,St=t� i
L-
E, ' I!lSTPuCTIONS :
sa In order to answer the questions in this short EAF it is assumed
that the preporer will use currently available information concerning the
project and the likely impacts of the action . It is not expected that
additional studies, research or other investigations will be undertaken .
(b) If any question has been answered Yes the project may be -
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 . 1'li 1 project resu t in a large physical change
to the project site or physically alter more
than 10 acres of land? . . . . . . . . . . . . . . . . . . . . . . . Yes X No
2 . Will there 'be a major change to any unique or
-unusual land form found on the site? . . . . . . . . . Yes X No
3 . Will project alter or have a large effect' on
existing body of water? . . . . . . Yes X No
4.. Will project have a potentially large impact ,
on groundwater quality? . . . . . . . . . . . . . . . . . . . . . Yes X ' N_o
5 . Will project significantly effect drainage
flow on adjacent sites? . . . . . . . . . . . . . . . . . . . . . Yes X No
G . Will project affect any threatened or
endangered plant or animal species? . . . . . . . . . . . Yes X* No .
7. Will project result in a major adverse effect
on air quality? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No'
8 . Will project have a major effect on visual
character of the community or scenic vievis or.
vistas known to -. be important to the community? Yes X '-No
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 X No
10 . Will project have a major effect on existing
or future recreational opportunities? . . . . . . . . . Yes X No
11 . Will project result in _major traffic problems
Or. cause a major effect to existing
transportation systems? . . . . . . . . . . . . . . . . . . . . . . . Yes No
12 . Will project regularly cause objectionable
odors, noise, glare, vibration, or electrical .
disturbance as a result of the project ' s
operation? Yes No
13 . !'li)_1 project • have .ariy • impact •on .public . health
.
or .safety? . Yes X No
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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YesX No
15 . Is there public controversy concerning the
project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . YesX No `
01
PREPAREP, ' S SIGHATURE
J�`Hayes Yav nagh, Attdrney*
REPRESENTING_ Otto Zapf DINE 12/8182
*666 Fifth Avenue
New York, New York 10103
(212) 974-8840
t �
- December 8, 1982
(Today ' s Date)
To: Southold Town Board of Appeals
I-lain Road
Southold, NY 11971
Re : Appeal Application of Otto Zapf
Location of Property: Main Road, Orient
-- Tax Man No 1000-13-2-4
Dear Sirs :
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box) r
[ ) Iviay be located within 300 feet of tidal- wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May be located within 300 feet of tidal wetlands ;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ] May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ J May be located within 300 feet of tidal wetlands;
and there is no bulkhead or - concrete wall existing
on the premises.
- [ g ] Is not located within 300 feet of tidal wetlands
to the best of my knowledge. *
[Starred items ' (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S . D.E.C. ]
Sincerely yours,
71-41 --
(,Kg mature ple..se)
J. Haws Kavanagh, Attorney for Otto Zapf
666 Fifth Avenue
New York, New York 10103
(212) 974-8840...
.: - AV