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HomeMy WebLinkAbout33323930 Horton's Lane 54 Southold, NY 23.7 MILLMAN,. SAUL #3332, Special Exception two . / fam_i 1.y dw.el l.~..n g. ~ Den ied. i~3.28.8-.5 ~/~/~;/~7 MILLMAN, SAUL #3331Variance from 4A Req. two- family dweliing. Denied 3.P2~.85~/LO~. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPE~LS Appeal No. 3332 Application Dated February 8, 1985 TO: Mr. Saul Millman 435 Highwood Road Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on March 28, ]985 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 [X] Request for Special Exception under the Zoning Ordinance Article III , Section ]00-30(8)[]] [ ] Request for Variance to the Zoning Ordinance krticle , Section [ ] Request for Application of SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish two-family dwelling use on a parcel of land of insufficient area and lot width known as 3930 Horton Lane, Southold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. WHEREAS, a public hearing was held and concluded on March 28, 1985 concerning the Matter of SAUL MILLMAN under Appeal No. 3332; and WHEREAS, the board has considered all testimony and documenta- tion entered into the record during the public hearing, in behalf of and in opposition to this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in an "A-80" Resi- dential and Agricultural Zoning District, is situated along the west side of Horton's Lane, Southold with a frontage of 254.83 feet, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 07, Lot 23.7. 2. The subject premises contains as a whole 2.98 acres, or 129,809 sq. ft. in area as shown on survey dated July 30, 1984, and is improved with a 15' by 30' vacant building which was recently moved onto the subject premises from another area, set back approximately 126' from the front property line. 3. By this application, appellant requests a exception under Article III, Section lO0-30(B)[1] of the for permission to establish a two-family dwelling use; special Zoning Code 4. Article III, Section lO0-31 of the Zoning Code requires 160,000 sq. ft. in area and minimum lot width of 270 feet for a newly established two-family use. 5. For the record it is noted that town records show a No. 13526Z for a proposed, pending building permit for a new one-family dwelling and accessory structure for the subject premises, for which DATED: April 24, 1985. CHAIP~N, SOUTHOLD TOWN ZONING BOARD (CONTINUED ON PAGE TWO) OF APPEALS Foz~n ZB4 (rev. 12/81) Page 2 - ~ppeal No, 3332 Matter of S__AUL M. IL.L.MA~ Decisio~ Ren~.ere~.March 28, 1985 Health Department approval was obtained under No. 14-SO-171 on August 29, 1984. It is the opinion of the board members that this request for a special exception must be denied since this proposal is not in accordance with the all the requirements of the zoning code, particularly the lot area and width requirements, and that this board is without authority to grant legislative relief. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the request under Application No. applied for a special exception in the Matter of SAUL a two-family residence, BE AND HEREBY IS DENIED. 3332 as MILLMAN for Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. ~.~y GERARD P. GOEHRINGER, ,~HAIRMAN April 24, 1985. Town Clerk, Tov~'~ o~ ~ ' ~'~ Southold Town Board of Appeals APPEALS BOARD MEMBERS 'ARD P. GOEHRINGER, CHAIRMAN RLE$ GRIGONIS, JR. GE DOYEN, JR. ;ERT J. DOUGLASS ~PH H. SAWlCKI April 24, 1985 and 3332 Mr. Saul Millman 435 Highwood Road Southold, NY 11971 Re: Applications No. 3331 Dear Mr. Millman: Please find attached for your records copies of the official findings and determinations rendered in the above matters. Yours very truly, Enclosures cc: Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBEI~IS GERARD P. GoEHRING~R, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11~J71 TELEPHONE (516) 765-1809 March 5, 1985 Mr. Saul Millman 435 Highwood Road Southold, NY 11971 Re: Appeal No. 3331 and 3332 Dear Mr. Millman: Your recent applications for permission to construct a two-family residence at Horton's Lane, Southold, have been reviewed by the board members and have been scheduled for field inspection to take place within the next two weeks. We do expect the public hearings on these applications to be held on or about March 28th, and a copy of the Legal Notice as published in the Suffolk Times and L.I. Traveler- Watchman will be forwarded to you as confirmation. Also, for a 34-signature two-family use. your information we are enclosing a copy of petition opposing your proposal for the Yours very truly, Enclosure cc: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski :i f'MiLL~AN J Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS M~rch 7, 19q5 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E .Q .R.A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 33~1_& 3332_ PROJECT NAME: SAUL bLILLMAN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment ~or the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [' ] Type II [~ Unlisted [ ] DESCRIPTION OF ACTION: To e~t~blish two-f~mily dwelling use on less th~n four scres of l~nd~ ~peci~l exce~%iono LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 3930 Horton L~ne~ Southol~, NY County T~ M~D ~1000-5~-7-23.7 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The Droperty in ~uestion is not located within ~00 feet of tid~l.w~tl~nds or other critical environmental ~re~. ~3; The relief rec~uested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. '" Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the TowI~ Law. and the Code of the Town of Scuthold, the following public hearings will be held by the Southold Town Board of Ap- peals at the Souihold Town Hall, Main Road, Southold, NY at a 7:15 p.m. an THURSDAY, MARCH 28, 1~65, and as fol- lows: · 7:15 p.m. FLEE~'S N~CK PROPER~' OWNERS AS- sOCIATION INC. and WILL- IAM NICOL, Cutchogue, NY for a Variance appealing Blew York Town Law, including Section 280-a to cancel, revoke and nul- lify the bui!Ain~ permit issued for the erection of a dwelling upon premises known and refer- red to as 1000 East Road, Cuich- ogue, NY; Tax Map District 1000, Section 110, Blce~ 7, Lot 28 (now of Oastave J. Wadg). 7;25 p.m. GUSTAVR J~ WADE by Cron and Cron, Esqs, Main Road, Cutchogue, NY for a Variance to Article XIV, Section 100-142 as utilized for an alleged violation of Section 267 of Hew York Town Law, for reinstate- merit of building porn~t #13244Z issued for the erec~ian of a dwelling upon premmes known and referred to as 1000 East Road, Cutoho~ue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28. 7:35 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for a Special ception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish and use industrial building as a machine shop in this"C-IAght Industrial" Zoning District, parcel identified as County Tax Map District 1000, Section 141, Block 03, Lot 35; 555 Westphalia Avenue, Mattituck, NY. 7:40 p.m. BRIDEN MACI-HNE cORP., Box 881, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIH, Section 100-81, Bulk Schedule for permission to con, struct machine shop building with insufficient side and rear yard setbacks at 555 Westphalia Avenue, Mattituck, NY; County Tax Map District 1000, Section 141, Block 03, Lot 35. ~ 7:50 p.m. HELYNN D. KAPP, ~8 S. Water Street,' Greenwich, CT 06830, for a V Article IH, Section 100-31, Bulk Schedule for permisaion to struct new one-family dwelung with insufficient si~eyard oct. backs and in excess of maximum permitted 20~ lot Dated: Mareh 7, 1965. BY ORDER OF THE 80U'I~OLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By IAnda Kowaiski, Secretory (516) 765-1809 (alt. 1802) 1TM2t.4838 New S~ffolk, NY; County Tax M~ I)i~trict 1000, Sectian 117. Block 07, Lot 11. 7:§5 p.m. LYNN ~C101~ by~ THE SUF~LK ~ME8, a Weekl~ G ~, ~z 1412, ~u~l~ ' - ' e ......at Greenpo~, in the Towr Ny:~T a ~ ~ ~.~.~ ~, ~te ~, ~ of ~ffolk and State of Ne~ ~n X~) for ~ian, Notice of which the annexed li~n ~ ~clude an-~ lng ~ ~ng ~ in ~ ~o~ ~ 67~ ~in (~a 1~ Ke~n ~e~), G~n~, ~; Co~ T~ D~ 1~, ~an 53, BI~ once each week for ONE 'y, commencing on the 21 02, 'Lot 21. 8:00 p.m~ 485 Highwood Road, Scutaold, NY for a Voriance to the Zoinng 100-30 and 100.31. for permis- sion to ee~blish two-family dwelling use on a parcel of land in area and less than 175 feet of __ lot width known as 3930 Horton Lane, Southold, NY; County T~. Map District 1000, Section , Block 7, Lot 23.7. ~:10 p.m. sAUL M]LLMAN, ~ 435 Highwood Road, SouthokL NY for a Special Exception to the Zoning Ordinance, Article HI [ Section 100-30(B) for permi .ss.'.mr to establish two-family d_.wellinl use on a parcel of land of mauffi as 3930 Horton Lime, Scuthold, NY; County Tax Map District 1000, Section 54, Block 7, The Board of Appeals ~1111 at said time and place hear a~ per- sons interested in the above mat- be submitted prior to or during the subject hasri~g. Principal Clark this 2 1 198 5 ANN M. ABATE ~NOTARY PUBLIC, State of New ~ Soffdk C~unty No. 474818: · Term L;,p:les M~rch ,30, 19 NOTI~B EN, pursuant to ~ 276 ~e T~n ~w ~d ~e C~e · e T~n ~' ~old, ~e foH~g public h~n~ w~ ~ held by ~e ~uthold T~ ~d ~ Apes at ~old T~n H~, Ma~ ~, ~u~old, ~ at a Re~ Mee~ ~mmen~g at 7:15 p.m, o~ ~ ~ ~, 1~, and as f~s: 7:15 p.m. ~'S NECK PRO~ O~ERS ASSO- ~ON ~C. ~d ~M ~Lt Cutcho~e, ~ for a ~ ap~g N~ York T~n ~w, includ~g ~ion ~-a m can~l, ~oke and n~ ~.~bu~a ~it ~d ~ ~e e~on ~ a ~ ~o~e, ~; T~ ~p ~ 1~, ~ion 110, ~ 7, ~ ~ (n~ of ~ve J. W~e). 7:~ p.m. ~ ~by Cmn ~d ~n, ~ ~aV~ m~le ~, S~n 1~-142 ~ U~- ~ f~ ~ ~le~ v~lati~ of ~n 267 ~ N~ York To~ ~w, ~t ~s~tement ~g Pe~it ~132~Z is- ~ for ~e e~on. ~ ~e~g u~n pre.es ~own ~d ~d to ~ 1~ ~t ~, ~tcho~e. ~; T~ ~p Dis~ 1~, S~on Il0, Bilk 7, ~ 28. 7:~ p.m. B~ MA- ~E CO~., ~x ~1, Mat- ~m~, ~ f~ a ~on to ~e ~ning lish ~d u~ ind~l bu~dlng ~ a ~h~e ~ tn "C-~ht Indus." ~s~, p~l ident~ed Co~ T~ Map ~s~ 1~, ~on 141, Bilk ~, ~t 35; ~ Wes~halia Avenue, Mat- 7:~ p.m B~ ~E CO~. ~x ~1, m~, ~ ~ a V~n~ to ~e ~n[ng Ord~an~, 'A~cle ~, S~0n l~-Sl. ~u~ ~h~ule for ~n to ~ns~ mac.ne shop b~d- ~g ~th insu~eut side ~d ~ yard setb~ at 5~ W~tPhalia Avenue, Ma~i- ~, ~; Coun~ T~ Map D[s~ 1~, S~ 141, Bilk ~, ~ ~. 7:~ p.m. ~PPt ~8 S. Wate~ S~t, ~enw~h, Ct ~, for V~ to ~e ~ning ~din- ~ce, A~cle ~, Se~ion 1~- 31, Bu~ Schedule for sion to cons~ new one- fa~ly dweH~g ~ ~su~- ~ent sideyard ~tbncks and in ex.ss ~ ~e m~um ~ed ~% lot ~vetage re- qui~ment, at p~m~es known ~ 13~ ~itd S~et, New S~o~, ~; Co~ T~ Map Dist~ l~, Se~ion llT, Bilk 07, ~ II. 7:55 p.m. L~N SCIO~ by G. S~ang, ~x 1412, ~u~old, ~ for a S~cial ~ception to · e ~n~g ~d~ce, A~icle ~, S~on. I~-~B) for ~ission to reinstate busi- ness ~ a delicates~n to ~clude on-sRe ~ng and ~ng se~i~s ~ ~ "C- ~ght Indus~" ~ning D~ ~ ~n as 67~ Main R~d (a/k/a l~ Ke~in Bou- levard), Green~, NY; Coun- ~ T~ Map Dis~ct l~, ~ion 53, Bilk ~, ~t 21. - 8=~ p.m. SAUL ~Nt 4~ Highw~ R~d, ~uthold, ~ for a Valance to the ~ng ~d~ance, A~icle ~, Sections l~-~ and l~- 31. for pe~ission to es~bl~h ~o-famHy dwell~g use on ~l ~ land ~n~g less · ~ fo~ a~es in area and less · an 175 f~t of lot ~dth ~n ~ 39~ Ho~on ~ne, ~uthold, NY; Coun~ T~ ~p Distfi~ l~, S~ion Bl~k 7~ ~ 23.7. ~8:10 p.m. SAUL M~-~ I~ 435 Highw~ ~ NY~ a ~f COUNTY OF SUFFOLK ss~ STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................. ~. ....... weeks successively, commencing on the -~/ ' Sworn to before me this. "; / day of ...... ~ ?P?. ~..~. .......... ]9. :~. ~.~- Notary Public BARBARA FORBES Notary Public, State o1' New York No. Qualified in Suf£olk County Commission Expires March 30, NY for a ya~fiance ~o Article X~V, Section 100-142 as Ufilis- ed for an alleged violation of Section 267 of New York Town Law, for reinstatement of Building Permit #~3244Z is- sued for the erection of a dwelling uPOn premises known and roferred to as 1000 East Road, Cutcho~ue+ NY; Tax Map District 1000, Section 110, Block 7, Lot 28. 7:35 p.m. BRIDEN MA- CHIN~ CORP., Box 881, Mut- tituc~, NY for a Special Exception to the Zoning Ordin- 10080 for,permis$il~n to llsh and use industrial building as a machine shop in this "c-Light Industrial" Zoning Dist~ct, parcol identified as Connty Tax Map District 10~0, Section 141, Block 03, Lot 35; ~55 Westphalia Avenue, Mut- titock, NY 7:40 p.m BRIDEN MA. CHINE CORP. Box 881, Matri- tuck, NY for a Variance to the Zoning Ordinance, 'Article VIII, Section 100-81. Bulk Schedule for permission to cons/ruct .machine shop build- inS with insufficient side and rear yard setbacks at Wes~halin Avenue, Matti- tuc~, NY; County Tax Map District 1000, Section 141, Block 03, Lot 7:50 p.m. ~ KAPP~ 238 S. Water Street, Gceenwich, Ct 06830, for Variance to the Zoning Ordin- ance, Article Ill, Section 100- 31, BuIk Schedule for pennis- sion to construct new one- family dwelling with insuffi- cient sideyard setbaclcs and in excess of the maximum per- mitted 20% lot coverage re- quirement, at premises known as 1305 Third Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 07, Lot 11. 7:~5 p.m. LYNN SCIORA by G. Strang, Box 1412, Southold, NY for a Special Exception to thc Zoning Ordinance, Article VIII, Section. 100-80(B) for permission to reinstate busi- ness as a delicatessen to include on-site eating and dr~.Idng services in this "C- Light Industrial" Zoning Dis- trict known as 67680 Main Road (a/k/a 180 Kerwin Bou- levard), Greenport, NY; Coun- ty Tax Map District 1000, Section $3, Block 02, Lot 21. : 8:00 p.m. SAUL MILL- MANI 435 Highwood Road, Southold, NY for a Variance to the Zoning Ordinance, Article Ill, Sections 100-30 and 31, for permission to establish two-family dwelling use on a l~rcel of land containing less than four acres in area and less than I?S feet of lot width known as 3930 Horton Lane, Sonthcid, NY; County Tax Map District 1000, Sectioa 54, Block ?, Lot 23.?. /' 8:10 p.m.. SAUL MILL-~ 43s ighw Road, ish two-family dwelling use on t parcel of land of insufficient trea and lot width known as 1930 Horton Lane, Sonthold, qY; County Tax Map District. 1000, Section S4. Block 7, Lo] 23.7. The Board of Appenis will at said time and 'place hear all persons interested in the above matters. Written eom- ments may also be submitted prior to or during the subject DATED: March 7, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRIvlAN By Linda Kowalski, 76~-1809 (alt. 1802) IT-3/21/85(16) Notary Public BARBARA FORBES Notary Public, State of New York No. 480C~6 Quali~ed in Suf£olk County Commission Expires March 30,  Southold Town Board o£ Appeals ~'~ ~°~°'~ ~°~ =~ ~°~°~'~:~i~,~>'/~7~o~ APPEALS BOARD MEMBFr~S GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR. ROBERT J. DOUGLASS! JOSEPH H. SAWICKI ~ TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski~ at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure ';'~.',: N HALL M,:\ ~,~! I".OAD - $. R, 2,5 SOUTHOLD, N.Y. 11971 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the Southold TOwn Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:15 p.m. on THURSDAY, MARCH 28, 1985, and as follows: 7:15 p.m. FLEET'S NECK PROPERTY OWNERS ASSOCIATION INC. and WILLIAM NICOL, Cutchogue, NY for a Variance appealing New York Town Law, including Section 280-a to cancel, revoke and nullify the building permit issued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutchogue, NY; Tax Map District 1000, Section llO, Block 7, Lot 28 (now of Gustave J. Wade). 7:25 p.m. GUSTAVEJ. WAOE by Cron and Cron, Esqs., Main Road, Cutchogue, NY for a Variance to Article XIV, Section 100-142 as utilized for an alleged violation of Section 267 of New York Town Law, for reinstatement of Building Permit #13244Z issued for the erection of a dwelling upon premises known and referred to as 1000 East Road, Cutchogue, NY; Tax Map District 1000, Section 110, Block 7, Lot 28. 7:35 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish and use industrial building as a machine shop in this "C-Light Industrial" Zoning District, parcel identified as County Tax Map District 1000, Section 141, Block 03, Lot 35; 555 Westphalia Avenue, Mattituck, NY. ?:40 p.m. BRIDEN MACHINE CORP., Box 881, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section lO0-81, Bulk Schedule for permission to construct machine shop building with insufficieht side and rear yard setbacks at 555 Westphalia Avenue, Mattituck, NY; County Tax Map District lO00, Section 141, Block 03, Lot 35. 7:50 p.m. HELYNN D. KAPP, 238 S. Water Street, Greenwich, CT 06830, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for permission to construct new one-family dwelling with insufficient sideyard setbacks and in excess of the maximum permitted 20% lot coverage requirement, at premises known as 1305 Third Street, New Suffolk, NY; County Tax Map District 1000, Section ll7, Block 07, Lot ll. 7:55 p.m. LYNN SCIORA by G. Strang, Box 1412, Southold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to reinstate business as a delicatessen to include on-site eating and drinking services in this "C-Light Industrial" Zoning District known as 67680 Main Road (a/k/a 180 Kerwin Boulevard), Greenport, NY; County Tax Map District 1000, Section 53, Block 02, Lot 21. 8:00 p.m. SAUL MILLMAN, 435 Highwood Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and lO0-31, for permission to establish two-family dwelling use on a parcel of land containing less than four acres in area and less than 175 feet of lot width known as 3930 Horton Lane, Southold, NY; County Tax Map District 1000, Section 54, Block 7, Lot 23.7. a~Spe~:lO p.m. SAUL MILLMAN, 435 Highwood Road, Southold, NY for ial Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to establish two-family dwelling use on a parcel of land of insufficient area and lot width known as 3930 Horton Lane, Southold, NY; County Tax Map District lO00, Section 54, Block 7, Lot 23.7. The Board of Appeals will at said time and place hear all persons interested in the above matters. Written comments may be submitted prior to or during the subject hearing. also Dated: March 7, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructi6ns to newspapers: Please publish once, to wit: THURSDAY, MARCH 21, 1985 and forward eight affidavits of publication to: Board of A~-~ Main Road, Southold, NY 11971, by March 26th. Thank yQu. Copies 3/19/85 to: Richard J. Cron, Esq. as attorney for G. Mr. Gustave Wade Mr. William Nicol, Fleets Neck Property Anthony Nowachek, Esq. Wade Owners Association Briden Machine Corp. Mrs. Helynn D. Kapp Garrett.Strang for L. Sciora Saul Millman Suffolk Times Personally L.I. Traveler-Watchman Town Clerk Bulletin Board ZBA Bulletin Board Supervisor and Town Board Members Building Inspector del ivered Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS M~rch 7, 199~ GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q · R .A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 2331_& 3332_ PROJECT NAME: SAUL MILLMAN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [''] Type II [~ Unlisted [ ] DESCRIPTION OF ACTION: To e~t~blish two-f~mily dwelling use on legs th~n four mcres of l~ndr ~peci~l exception. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 3930 Horton L~ne; Southold, NY County T~× Map ~1000-5~-7-23.7 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in cruestion i~ not located within ~00 feet of tid~l.w~tlmnds or other critical environmental ~re~. [3~ The relief reauested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 8, 1985 TO: So~thold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3332 application of Saul Millman for a Special Exception. Also included is Notice to Adjacent Property Owners; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; copy of application for building permit; Notice of Disapproval from the Building Department; plot plan; and survey. Judith T. Terry Southold Town Clerk .~ A] CfL RECEIVED !FEB 0 ~TOWN OF SOUTHOD, NEW YOR~ APPPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. APPLICATION NO. 3 5 3 ~ DAT ..... NAME STREET AND NUMBER $outhold, MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ART/CLE III SECTION 100-30-B( 1 ) SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE I WANT TO CONSTRUCT A TWO FAMILY DWELLINO. STATE OF NEW YORK, 5T:~/~ ~~t COUNTY OF~IFFOL~' I ss S,G~^*URE :¥'"'"'~" Sworn to this day of , NOTARY PUBLIC FORM ZB2 In Southold there are hemes bui~t on 1/3 acre plots, I believe, that two familys sharing a home on 3 1/~ acres would not be a change to the character of the district and would observe the spirit of the ordinance. We will be using city water and have sufficient acreage for drainage. !FEB 0 ~ 19~5 ~FOWN OF SOUTHOD, NEW YOR~l~ APPPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. NAME STREET AND NUMBER ................... Southold., N.3f MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALs for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100-30-B( 1 ) SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE I WANT TO CONSTRUCT A TWO FAMILY DWELLING. STATE OF NEW YORK ) ~~ ) SS ~~..~:......~____~ COUNTY OF ~oL~ ) Sworn to this ~ day of-2~-~b, 19~ NOTARY PUBLIC FORM ZB2 RECEIVED !FEB 0 OF SOUTHOD, NEW YORI~T' APPPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. APPLICATION NO. DA' I, (We) Saul. l~l.lmma of ..... 43.~..Highwo.od .Road ........... NAME STREET AND NUMBER ................... Sguthg.!.d,. N.Y. MUNICIPALITY STATE hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100-30-B( 1 ) SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE I WANT TO CONSTRUCT A TWO FAMILY DWELLING. STATE OF NEW YORK ) COUNTY OF ~ t""~hK I ss ~-~ / -~-~.- ,~,. .................... !S GNATURE Sworn to this da3' of , , 19 NOTARY PUBLIC FORM ZB2 In Southold there are hemes built on 1/3 acre plots, I believe, that two familys sharing a home on 3 1/~ acres would not be a change to the character of the district and would observe the spirit of the ordinance. We will be using city water and have sufficient acreage for drainage. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of Saul Millman to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT 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 torequestaO S(~ecial Excep~ (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: 3c)30 hovton Lane Map No. 1000 Sect, 05~ B1. 7 Lot 237 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: to construct a two family dwellin~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-30-B(1) [ ] Section 280-A, New York Town Law for approval of access over vight(s)-of-way. 6. That within five day's 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 ma)' then and there examine the same during regular office hours. (5'16) 76'5-'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 [east 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. Saul Millman Petitioner Owners'Names: Saul & Janet Millman PostOfficeAddress k3~ Highwood Road Southold, N.Y, PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS u79I STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Saul Millman , residing at 435 Highwood Road, $outbold , being duly sworn, deposes and says that on the ~' day of Febr, uaz, y ,19 R, c; , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold (certified) (registered) mail. Sworn to b~fo[e me this O '_ ~' day of "~J~/'LLO~'~ , 19 ~ Notary Public ; that said Notices were mailed to each of said persons by (This side does not have to be completed property owners.) on form transmitted to adjoining TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTIC~ OF DISAPPROVAL PLEASE TAKE NOTICF, that your application dated ~x~.~.~?~..%*T.L.. ~ ~ , 19 ~ ~ .~..~5~ q .............. for pe~it to construct... ~ ~-v~..~ x.~ ~.~ ............... at ~:~ -~ ....... ~ ........... ~.,~m~.,~ ' ........... Location of Pro err ~ ~ ~ ~ ~ - ' ~ Ho~se ~Vo. Street Hamlet Count~,' Tax Map No 1000 Section ...~.~.~ ...... Block ..... ~ ....... Lot . ~ :~ ...... Subdivision ................. Filed Map N~ ................. Lot No .................. is returned herewith and disz~_pproved on the following grounds..~.~.~. '.~...k.~.... ~ ~.. ~'~'~ :'~ ~' )" '~?~:~' '~:'~ ~~" ~ . :~. ~ 4. dpr~ Building Inspector RV 1/80 QUEST!ONNAIRE TO 13E COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Envh'onmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-75].-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. ( ] 2. Ix ] 3. { ] 4. Ix ) 5. Waterfront without bulkheading Waterfront with bulkheading in good corJdition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfrbnt or wetlands area May be located within 300' of waterfront or weHands area; however° the following structure separates ~.~y property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75~ from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetla.~ds/waterfront [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approvaL. If you are able to provide them with recent photograph5 of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requiremonts of this State t_aw and to prewnt an)/ unnecessary delays in processing your application(s). IO/831k The ;4.Y.S. [nvironrllenLaI qualiL.¥ R(.~view Act requires sub- mission of bhis )rs, and an environmenLal view will be made by this bc before any action is SHORT. ~NVIaYO~.ENTkL .ASSESSMENT FOP. W INSTR~TZCNS~ (a) In crdgr to answer the questions in this short gAF is is aee:~ed that the preparer will uss currently available information concerning the project and the likely impacts of the action, i~ is not ex'p. ected that additional atudlee, research or o%her inves:igatlons will be undertaken, (b) If any quos%ion hms been answered Yes the project may be aig~ifican: and a ccmpleted Environmental Assessment Fo~m is neces:a~/. (c) If all questions have been answered ~o i~ is likely that this project is nc~ significant. (d) Envircr~ental 1. Will project result in a large physical to the project site or physically alter more than 10 acres of land7 , · , · · · · · · · · Yes X No 2. Will there be a major change to any unique or unusual land form found on the site? , , · , Yes x No Yes x No Yes X No Yea X No Yes X No ¥~s X No 3. Will project alter or have a large effect on an existing body of water? &.Will project have a potentially large lmpac~ on g~oundwa~er quality? · , · · Will project significantly effect drainage flow 6. Will project affec= any threatened or endangered plant or animal species? . 7. W~-ll prcject result in a major adverse effect on 8. Will proje~t have a major effect on visual char- actor of the co:munity or scenic views or vistas known to be important to the com.munity? , , . Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-hisooric, 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 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance a~ a result of the project's operation? , Yes X No 13, Will project have any impact on public health or safety? .... , . , . , , , , -- Yes,.X No 1L. Will project gffec'~ the existing community by directly causing a ~row~h in permanent popula- period _e_r have a major negative effect os the 15. Is there public controversy concern:nM, the project? Yes X No PREPARER' S $_G.ATt.~m~ TITLE: (~1~ R.PR~S..~TI.,C. Saul & Janet Mill~an DATE: FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~eOUTHOLD, N.Y. 11971 TEL.: 765-1803 ;.xamined ................. 19... a, pproved ................. 19... Permit No ............ Disapproved a/c ..................................... i~eceived ........... ,19... (Bnilding Inspector) APPLICATION FOR BUILDING PERMIT Date . 7'.,0,,,4 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ;ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets >r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or de~nolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. . ............. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Electrician's License No .... \'.....~: ........... V Other Trade's License No ...................... 1. Location of land on which proposed work will be done. '~ ~ ig.~.J ......................................... ltouse Number Street Hamlet County Tax Map No. 1000 Section . O..~'"./-~. .......... Block .~ ................ Lot..'~ .~,..~. .......... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...~./,JkC~.4:-(.. ~ .~ ~4,.~ ............................................. b. Intended use and occupancy ....'~ · . · ~.f~ .~..L';.-."~...~..i':~.~?> ?'~. }.7.~. ~,.~.... ............................ 3. Nature of work (check which applicable): New Building . .'K...' ..... Addition .......... Alteration .......... Repair Removal .............. Demolition .............. Other Work ............... .............. (Description) 4. Estimated Cost .'~ Ct::Oo ........................... Fee ...................................... .... ~'~ (to be paid on filing this application) 5. If dwelling, number of dwelling units . ~ ........... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Height .................... Number of Stories ...................... Depth ...................... ' ' 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ 9. Size of lot: Front .: .................... Rear ...................... Depth ...................... 0. Date of Purchase ............................. Name of Former Owner ............................. 1. Zone or use district in which premises are situated ..................................................... D,~es proposed construction violate any zoning law, ordinance or regulation: ................................ 2. . . . . Will excess fill be removed from premises: ~Yes ~ No 3. V, dl lot ~be.,regrade~ ....... ~ 'A' ~ '.' ~,a,a AddressZ[-:~ ~1-~,,~--4~'~ t'.~'~.. Phone No.~,} .-.~.~."l..~ · · :4. NameoltJwnerolpremlses .t.~.u.~,-,-:-., ............ .,,.,'- -- '' -- Name of Architect ........................... Address ................... Phone No ................ Nmne of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, S.S COUNTY OF. ?'~'~'~'~'~'~'~'~;~ :.; ff-o~., v' ..... ............. .Q~o ~.._..~,.k.,:J[x.~..,~...'4.r~4 ............ being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the . .6 ~ ~1~ 0,~D.~:>~. ~ ~-.~"~" ............................................................... ' (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have perforated the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~ ~ ~J~ . .day of..~. · .'~. ............ , 19 .~.~- ~.~ ~ ~)~-~/...&f~:.. County ~'~.~.~. Notary Public, . .... ~.~c, .............. ' - ' t ...... -:" i ig'n'a[ i .......... ;~:~1 ~ ~: :: , ' ' ~'-'' e of applicant) 2'