Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2658
_ _ __'__ �_ _®!0 r JS', ,�.� z % �o 0 0 0 , acs:-�� , >.�_�' _ _ � . _ _ ', �' � - _. _._ _ _ - _ _ __ _ _ _ _ . - __ _ _ _ ___ __ __ - ---- _-_ _______ `' ` • TOWN OF SOUTHOLD, NEW YORK. 1/22 80 DATE ...............4...... ACTION OF THE ZONING BOARD OF APPEALS Y Appeal No. 2658 Dated December 27 , 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr . Robert F . Larson (John M. Czgier, Jr. , Esq. ) Appellant 72A Nassau Point Road Cutchogue, NY 11935 at a meeting of the Zoning Board of Appeals on January 17 , 1980, the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( )q Request for a variance to the Zoning Ordinance Art. III , Sections 100-30, 100-32 1. S.[ FPFfX�3CF4� By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7 : 30 P.M. Application of Robert F. Larson, 72A Nassau Point Road, Cutchogue, New York (John M. Czgier, Jr. , Esq. ) for Variances to the Zoning Ordinance: (a) Article III , Section 100-30 (2) (c) for permission to keep pony & horse for personal use with less than 40, 000 square feet devoted to such use on the subject premises, and (b) Article III, Section 100-32 for permission to construct accessory stable in frontyard area. Location of property: Nassau Point Road and Bridge Lane, Cutchogue; Nassau Point Map No. 156A, Lots 130 an 129; bounded north by Hillmer, west by Bridge Lane, south by Nassau Point Road, west by Roche. (SEE REVERSE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection, the Board finds that the applicant requests permission: (a) to keep a horse & pony for personal use at his residential premises devoting approximately 14 , 000+ square feet to that use, (b) to construct an accessory structure (stable) in the frontyard area, in which to house the pony and horse. The Board finds no hardship present in this case and therefore there appears to be no justification for the granting of this appeal. The Board believes that by the granting of such a variance the character of the neighborhood would change and would not observe the spirit of the ordinance . On motion made by Mr. Grigonis , seconded by Mr. Doyen, it was RESOLVED, that ROBERT F. LARSON, 72A Nassau Point Road, Cutchogue, New York 11935 , by John M. Czgier, Jr. , Esq. BE DENIED WITHOUT PREJUDICE permission to keep horse and pony for personal use with less than 40 ,000 square feet devoted to that use and BE DENIED WITHOUT PREJUDICE permission to construct stable in the frontyard area. Location of property: Nassau Point Road and Bridge Lane, Cutchogue; Nassau Point Map No. 156A, Lots 130 and 129; bounded north by Hill- mer, west by Bridge Lane, south by Nassau Point Road, west by Roche. County Tax Map Item No. 1000-111-15-1 .1 and p/o 2 . Vote of the Board: Ayes : Messrs. Grigonis, Tuthill and Doyen. Absent: Messr. Douglass. This resolution was declared duly adopted. APPROVED _ �3 /9 hairman Bo of Ap It REfiEIVID AND FIT L ED BY THE SOU111OLD TOWN CLERK DATE /�w/S, HOURa ;&0/0A1. Town Clerk, Town of Southold Ah • �{ 100.32. Accessory buildings. In the A Residential and Agricultural District, accessory buildings and structures or other accessory uses may be located in the required rear yard,subject to the following requirements: A. Such buildings shall not exceed eighteen(18)feet in height. li. Such buildings shall be set back not less than three (3) feet from any lot line. C. All such buildings in the aggregate shall occupy not more than forty percent (40%) of the area of the required rear yard. I Exhibit G i' LEGAL NOTICE 'I OF HEARINGS Pursuant to Section 267 of Town Law and the Provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Southold, New York on Thursday, Janu- ary 17 , 1980 on the following appeals : I 7 :30 P.M. Application of ROBERT F. LARSON, 72A Nassau Point, Road, Cutchogue, New York (John M. Czgier, Jr. , Esq. ) for Variances to the Zoning Ordinance: (a) Article III, Section i 100-30 (2) (0) for permission to keep pony & horse for personal use with less than 40,000 square feet devoted to such use on the subject premises, and (b) Article III, Section 100-32 for permission to construct accessory stable in frontyard area. Location of property: Nassau Point Road and Bridge Lane, �i ' Cutchogue; Nassau Point Map No. 156A, Lots 130 and 129; bounded i north by Hillmer, west by Bridge Lane, south by Nassau- Point Road, west by Roche. 7 :40 P.M. Application of SOL BERG, 3810 Pine Neck Road, II Southold, New York (John Bertani Builder Inc. , agent) for a I 1 Variance to the Zoning Ordinance, Article III , Section 100-32 �III for permission to construct accessory structure in frontyard i; li area. Location of property: 3810 Pine Neck Road, Southold; i bounded north by Pollert, Gibbons, Hamilton, Conroy, Pulitzer I'. and Jockey Creek, west by Marchese, south by Pine Neck Road, 1' Count Tax Ma No. 1000-70-6-33. I east by Jockey Creek. Y P 7 :50 P.M. Application of ROBERT WADDINGTON, JR. , Tuthill ' s Lane, Aquebogue, New York, (Richard F. Lark, Esq. ) for a Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to construct dwelling with insufficient frontyard setback, and for approval of access pursuant to New York Town Law Section 280-A. Location of property: Miami Avenue and i f Soundview Avenue (private street) , Peconic; bounded north f LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of Town Law and the Provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals, _ Town Hall,Main Road,South- old, New York on Thursday, January 17,1980 on the follow- Law,Section2WA.Location of COUNTY OF SUFFOLK, J ing appeals: property: Miami Avenue and STATE OF NEW YORK. ss: �•sn PM Aonlirafinn n/ Soundview Avenue (private J ROBERT F. LARSON, 72A street), Petonic; bounded O r -- north by Mathal Realty Corp., J0^17 .TT S T V IT5 )If duly Sworn. Nassau Point Road Cut- Inc.,southeast by Miami Ave. " " " " " " " . . . . . . . . . . . . . . . . . . . . . . . `cfiogue, ew or o n Al— eeuri st sdnue, nu (patetreeet), and says that ... . . . is Printer and Publisher of the SUFFOLK Ofllhg Ordin- northwest by Booth. County ante: (a) Article III, Section Tax Map No. 1060-67816. WEEKLY TIMES, a newspaper published at Greenport, in said 100-30(2)(c) for permission to 8:05 P.M. Application of keep pony&horse for personal EMANUEL M. KONTOKOS- County; and that the notice. Of which the annexed is a printed use with less than 40,000 TA, (by Richard F. Lark square feet devoted to such Esq.) 26 Court Street, Brook- copy, has been published in the said Suffolk Weekly Times use on the subject premises, lyn, New York, for a Special OiJF and (b) Article III, Section Exception to the Zoning Ord- Once in each week, for . . . . . . . . . . . . . . . . . . . . . . . . . weeks 100-32 for permission to con- mance,Article V,Section 100- d struct accessory stable in 58B(3), (4) and C(2), for per- SueCe55iV6iy commencing On the . . . thir . . . . . . . . . . . . . . . . . third frontyard area. Location of mission to erect 28-unit apart- property: Nassau Point Road ment complex with 21 motel January 80 and Bridge Lane, Cutchogue; units and coffee shop. Loca- day of 19�. �.{. . Nassau Point Map No. 156A, tion of property: Shipyard // - 2ts'77 �Z. � i�~ . .Y. . . . . . . . . . . . . . . . . . . . . . . . . Lots 130 and 129; bounded Lane, East Marion; bounded north by Hillmer, west by north by Parkside Heights Bridge Lane,south by Nassau Co., east by Shipyard.Lane, Sworn to haf ore me this . . . . . . . . . . . ; Point Road,west by Roche. south by Gardiners Bay, west day Of . . 1L .!y 19. J 7:40 P.M. Application of by Parkside Heights Co. /.,�5� ' ' ' SOL BERG, 3810 Pine Neck Dated: December 31, 1979. - Road, Southold, New York BYORDEROF • • • • • •� • • • • )• • • • • • • • • • • • • • • •�• • • • • • • . . . . . (John rBuilder Inc., THESOUTHOLDTOWN . . agenagent) fofor a r a Variance to.thee BOARD OF APPEALS ' ' Zoning Ordinance,Article III, 1TJ3-3361 Section 100-32 for permission - NANC" ^, UOUGLAS! to construct accessory strut- 3"rAHY PUS - Stlte of nsv York ture in frontyard area. Loca- Reaki'4 ir. _,-ilolk Ceuoty tion of property: 3810 Pine Clko X,'>� 52.608OW 4 Neck Road, Southold; bound- Caeion E�hae March 30, tg„(!d ed north by Pollert, Gibbons, Hamilton, Conroy, Pulitzer and JockeyCreek, west by se,s Marche" by Pine Neck Road, east by Jockey Creek. County Tax Map No. 100470-6- 33. 7:50 P.M. Application of ROBERT WADDINGTON, JR., Tuthill's Lane, Aque- _ bogue,New York, (Richard F. Lark,Esq.) for a Variance to the Zoning Ordinance, Article 111, Section 10431 for permis- sion to construct dwelling with insufficient frontyard setback, and for approval of access LEGAL NOTICE OF HEARINGS COUNTY OF SUFI FOLK Pursuant to Section 267 of STATE OF NEW 1')R K Ss Town Law and the Provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Patricia Wood, being duly sworn, says that she is the Zoning Board of Appeals, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Town Hall, Main Road, Southold, New York, on a public newspaper printed at Southold, in Suffolk County; Thursday, January 17, 1980, and that the notice of which the annexed is a printed copy, on the following appeals. 7:30 P.M. ADnlication of- `.as been published in said Long Island Traveler-Watch- ROBERT F. CARSON, 72A assau om oa u c - man once each week for ......... .............................. weeks ogue, New Tork (John M. 3 Czgter, r., s or Vari successively, commencing on the ........................................ ante` ss to theZoning Ordin- ance: (a) Article III, Section day of .... 19..�`�.. 100-30'(2)(c)for permission to keep pony & horse for personal use with less than —:. ...... i.................::..........�..L ...€? v—�� 40,000 square feet devoted to such use on the subject premises, and (b) Article .III, Section 100-32 for permission to construct accessory stable in frontyard area. Location of Sworn to before me this ..... .............. ... day o, property: Nassau Point Road and Bridge Lane, Cutchogue; • .••.• ••.•......... Nassau Point Map No. 156A, Lots 130 and 129; bounded north by 'Hillmer, west by Bridge Lane, south by Nassau Point Road, west by Roche. 7:40 P.M. Application of SOL BERG, 3810 Pine Neck Notary Public Road, Southold, New York (John Bertani Builder Inc., agent) for a Variance to the ANTOINETTE BERKOSKI Zoning Ordinance, Article III, NOTARY Pl", C, State of New York Section 100-32 for permission Nes: 7 in Suftclx Ccunty to construct accessory struc- fro. 52-453'NS6 ture in frontyard area. Loca- VWmission Expires %;arch 30, 19E tion of property: 3810 Pine Neck Road,Southold;bounded north by Pollert, Gibbons, Hamilton, Conroy, Pulitzer' and Jockey Creek, west by Marchese, south by fine Neck Road, east by Jockey Creek. County Tax Map No. 1000-70- 6-33. 7:50 P.M. Application of ROBERT WADDINGTON JR., Tuthill's Lane, Aquebogue, New York, (Richard F. Lark, Esq.) for a Variance to the Zoning'Vrdinance, Article III, Section 100-31 for permission to construct dwelling with insufficient frontyard setback, and for approval of access pursuant to New York Town Law Section 280-A. Location of property: Miami Avenue and Soundview Avenue (private street), Peconic; bounded north by Mathal Realty Corp., Inc., southeast by Miami Avenue, southwest by Sound- view Avenue (private street), and northwest by Booth. County Tax Map No. 1000-67- 6-16. 8:05 P.M. Application of EMANUEL M. KONTOKOS- TA,(by Richard F. Lark,Esq.) 26 Court Street, Brooklyn, New York, for a Special Exception to the Zoning Ordinance, Article V, Section. 100-50130), (4) and C(2), for permission to erect 28-unit apartment complex with 21 motel units and coffee shop. Location of property: Shipyard Lane, East Marion; bounded north by Parkside Heights Co., east by Shipyard Lane, south by Gardiners Bay, west by Parkside Heights Co. Dated: December 31, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T, 1/3/80(1079) FORK NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FileNo. ................................................................ Date ........ ig...7J To �5-,vA) ..................................... ...7ZA........ .......AL- ...............I......... PLEASE TAKE NOTICE that your application dated ....... 191.9 for permit to construct ..�t the premises located at :� . /......X................................... 5 ICU[ Cc, Ae Map ................ Block ............................................ Lot .................................... s returned herewith and disapproved on the following grounds ......7H ...A:;-� C.;F.......alq .04.0.......5' 7 TPIOT.. ...... ... ..... ..... ...... . ... qlzl6T or 0 ............................. ....U . ...................... -50 C il inInspector o e o ���!f 0 f(0 K JUDITH T.TERRY TELEPHONE TOWN CLERK ,1 (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 27, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, TownClerk Transmitted herewith is Zoning Appeal No. 2658 application of Robert F. Larson for a variance. Also included are notification to adjoining property owners as follows: Francis W. Roache, Nassau Pt. Rd. , Cutchogue, New York 11935; Mr. & Mrs. Carl D. Hillmer, Bridge Lane, Cutchogue, New York 11935. udith T. Terry JTT/bn Town Clerk cc:file Enc./ TOWN OF SOUTHOLD, NEW YORKO APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATEDec. 1979 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, mnF ... ........................Of ...NA...Ness.4.A.Pv.1At..R9Ad...................... Name of Appellant Street and Number Cutchogue New York ............................................................................................. ............................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 ROBERT F. LARSON ................................................................................. Name of Applicant for permit of 72A Nassau Point Road Cutcho ue New York ... .. .. ......................I.. .g. ..r............. ....................... PERMIT TO USE Street and Number Municipality State ( ) ( ) PERMIT FOR OCCUPANCY (x ) Building permit for accessory structure 1. LOCATION OF THE PROPERTY .72A Nassau Point Road- 1 fami.ly. ...dwellin. . . .g- (.. A..) . . .. .... . .. .. . .. Street Use District on Zoning Mo.. 15.GA.....................................129...130.............. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III. Sec. 100-302c and Art;cla ITT Gan 100-32 3. TYPE OF APPEAL Appeal is made herewith for (x$ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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 *VddW(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 $x) A Variance to the Zoning Ordinance is-requested-ferthe-reason that Applicant seeks: (1) Interpretation of Zoning Ordinance §100-30A2 (c) to the extent applicant is permitted to maintain one . horse and one pony on a 54, 000+ square foot parcel in Zoning District "A" , and (2) an area variance permitting placement of a 120± square foot accessory structure in other than rear yard in Zoning District "A" . Form ZB1 (Continue on other side) REASON FOR APPEAL 0 Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because due to the shape of applicant' s property and the location of the dwelling thereon (see survey) a literal application of the Zoning Regulations would prevent the applicant from using a significant portion of his property (which totals approximately 54, 000 sq. feet) because it is arbitrarily being deemed to be his "front yard" . 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 applicant's property is the only property surrounded on three sides by roadways with the dwelling located in the corner of the property. i i i 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because applicant's parcel is heavily wooded and will remain so if the application is approved; the parcel is bounded on three sides by roadways and any structure erected would not affect the nearest neighboring parcels . STATE OF NEW YORK ) Suffolk) ss ...... uffo � ��:7. . . . k�:°................................ COUNTY OF ) Signature Robert F. Larson Sworn to this ....... � .......................... day of..........December........................... 19 79 a.................... . Notary Public KAREN PEN NOTARY PUBLIC, State of New York No. 52-4634869 - Saffolk County Commission Expires March 30, 19�� lhZJ lDti � -�/ At a Special Term, Part of the / Supreme Court of the State of New York, held in and for the County of Suffolk, at the courthouse at Griffing Avenue, Riverhead, New Yo k, on the 1355- day of 1980. P R E S E N T ) �E �S S HON. /... C'-QAJ14 R- Justice. - - - - - - - - - - - - - - - - - - - - - - - - -x ROBERT F. LARSON, ORDER TO SHOW CAUSE Petitioner. Index #80- 3`��5- -against- CHARLES GRIGONIS, Chairman, SERGE DOYEN, TERRY TUTHILL and ROBERT J. DOUGLASS, constituting all the members of the Board of Zoning Appeals of the Town of Southold, Respondents. - - - - - - - - - - - - - - - - - - - - - - -x Upon reading and filing the annexed Petition of ROBERT F. LARSON, verified the 15th day of February, 1980, the annexed affidavit of JOHN M. CZYGIER, JR. , Esq. , sworn to the 15th day of February, 1980, and all the attachments thereto, including the decision of the Southold Town Board of Zoning Appeals dated January 23, 1980 , LET the respondents herein show cause before a Special Term, Part ::7—�-of this court to be held at the courthouse thereof lgcated at Griffing A�v�nug, Riverhead, New York, on the 3 day of 9�e j- 1980, at -1-a--06'o 'clock in the forenoon of that day or as soon thereafter as counsel can be heard why a judgment should not be granted herein directing that the decision of CHARLES GRIGONIS, Chairman, SERGE DOYEN, TERRY TUTHILL and ROBERT J. DOUGLASS, as members GATZ. ARNOFF & CZYGIER - ATTORNEYS AT LAW - RIVERHEAD. N. V. �, II r, rI constituting the Board of Zoning Appeals of the Town of Southold, be annulled, vacated and set aside and that said Board of Zoning Appeals be ordered, directed and required to issue or direct the issuance of an appropriate building permit for the petitioner in accordance with his application therefor, and why this court, at a Special Term, should not dispose of this cause on the merits determining all questions which may be presented for determination under 97803 of the CPLR, or otherwise, and why, in a proper case a building permit should not be granted for the uses and purposes sought herein, together with such other, further or different relief which to this court may seem just and proper herein, and it is rther ORDER D, that pending th hearing-of this matter that the Board of 2oni Appeals of the T wn of Southold omits enforci g (� agencies be tayed from takin any action agains the petitio er Cterein bas d on the Board o Zoning Appeals de ision dated anuary 23, 1980, in this matter, and t is further ORDERED, that sufficient cause appearing therefor, service of a copy of this Order and the petition upon which it is issued shall be deemed sufficient, as to the Board of Zoninq ,Appeals, if a copy thereof is delivered by certified mail to CHARLES GRIGONIS, as Chairman, at his office at Town Hall, Main /R�pad,,, Southold, New York 11971, on or before the day of y�41` 71 1980 . GRA/VTEp ENTER : FEB "koNUR I. 01iQ E �� W er • of &trolk fll dun a'uM. t J.S .C . r� GATZ. ARNOFF & GZYGIER - ATTORNEYS AT LAW - RNERHEAO. N. Y. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - - - - -x ROBERT F. LARSON, Petitioner, PETITION -against- Index #8Q- CHARLES GRIGONIS, Chairman, SERGE DOYEN, TERRY TUTHILL and ROBERT J. DOUGLASS, constituting all the members of the Board of Zoning Appeals of the Town of Southold, Respondents . - - - - - - - - - - - - - - - - - - - - -x TO THE SUPREME COURT OF THE STATE OF NEW YORK: The Petitioner, ROBERT F. LARSON, respectfully alleges as follows: 1 . Petitioner and his wife are owners of premises situated in the Town of Southold, Suffolk County, New York, described as follows : See Exhibit "A" . A copy of a map of said premises is annexed hereto as Exhibit "B" . 2. The said defendants at all times herein mentioned constituted and still constitute the Board of Zoning Appeals of the Town of Southold, of which Board the defendant, CHARLES GRIGONIS , was and still is Chairman. 3 . Petitioner and his wife became owners of their parcel by virtue of a deed made, executed and delivered to petitioner and his wife dated July 7, 1976, and recorded in the Office of the Clerk of Suffolk County . GATZ. ARNOFF & CZYGIER • ATTORN2Ys AT I W • RWRHEAD. N. Y. r .I 4 . That there is erected on said parcel ' s northwest corner, as indicated on Exhibit "B" , a building which was formerly a barn. and is used as a dwelling by petitioner and his family. Said building was erected prior to the adoption of the Zoning ordinance of the Town of Southold and has always been in its present location, even prior to the subdivision which created the parcel presently owned by petitioner and his wife. 5 . Since his ownership of the property and over a period of three years, petitioner has kept one horse and one pony on said premises relying on the following zoning regulations: 5100-30A(2) (c) of the Southold Zoning Code . A copy of said section is annexed hereto i as Exhibit 'ICI' . 6 . In December of 1979, your petitioner was informed by an inspector from the Town of Southold Building Department that the keeping of said horse and pony was in direct violation of §100-30A(2) (c) since petitioner did not have 40, 000 square feet of property devoted solely to the horse and pony; that in fact in order to keep the horse and pony (or either) , petitioner would need at least 80, 000 square feet of area . Your petitioner was informed that this was the latest inter- pretation of the statute in question, and which until this time had always been read to allow for the keeping of a horse and/or pony so long as one owned a residential lot of at least 40, 000 square feet. 7. Petitioner immediately applied for a building permit requesting permission to construct a small ( 12nt sq. ft . ) shelter for the horse and pony in that area of his premises which admittedly could -2- GATZ. ARNOFF & CZYGILR • AITORNCVEI AT LAW - "IVLRHEAO. N. Y. I i be considered his front yard since petitioner 's rear yard area is virtually non-existent (see Exhibit "B" ) . Petitioner's request was disapproved; a copy of the Notice of Disapproval is annexed hereto as Exhibit "D" . 8 . An appeal to the Zoning Board of Appeals, Town of Southold, was taken from said disapproval wherein the relief sought was as follows: (a) An interpretation of Zoning ordinance §100-30A(2) (c) to the extent applicant is permitted to maintain one horse and ore pony on a 59 , 000± square foot parcel in Zoning District "A" ; (b) An area variance permitting placement of a 120+ square foot accessory structure in other than rear yard in Zoning District "A A copy of said appeal is annexed hereto as Exhibit "E" . 9. That on the 17th day of January, 1980, after due notice, the said appeal came on for hearing before the Board of Zoning Appeals and said Board by resolution filed its decision, a copy of which is annexed as Exhibit "F" . 10 . That evidence was duly presented to the Zoning Board of Appeals showing facts upon which the petitioner' s application should have been granted and petitioner herein realleges and reaffirms such facts as follows : (a) Prior to purchasing this parcel, petitioner and his wife made inquiry as to the feasibility of keeping horses and were informed that the interpretation of the law allowed for the keeping of -3- GATZ. ARNOFF 4 CZTGICR Ai LAw - RNLnHCAD. N. V. r ,I horses so long as one had at least 40, 000 square feet of land. Since petitioner ' s parcel contains 54, 000+ square feet, they purchased the property and bought a horse and pony and maintained same on the property for approximately three years without any complaint or challenge. (b) Petitioner's parcel contains 54, 000+ square feet, is bounded on two sides by public roadways and on one side by a roadway on a filed map. The parcel is fairly heavily wooded and the only structure on the property, petitioner's dwelling, is located in the extreme northwest corner close to petitioner' s property line, as can be seen on Exhibit "B" attached hereto. For this reason, petitioner in effect possesses no "rear yard" area and is forced to use that area of his property, which is considered "front yard" area, for the proposed location of a shelter for his horses (see Exhibit "B") . l (c) The area of petitioner ' s neighborhood is very rural, with homes located some distance apart . Petitioner's closest neighbor, FRANCIS W. ROCIiE, was present at the hearing to testify to the fact that the horses were not a nuisance to the neighborhood. 11 . The Building Department and the Board of Zoning Appeals are interpreting §100-30A(2) (c) incorrectly in that their interpretation calls for a land owner to have 40 ,000 square feet of land devoted solely to the maintenance of a horse and/or pony. In effect, they would required 80, 000 square feet of land before a horse and/or pony could be kept; quite simply, this interpretation does not conform to the language of the statute . 12 . With respect to the location of the shelter for the _4_ GATZ. ARNOFF Q CZYGIER - ATIORNEYS AT LAW - HIVCFHEAD. N. Y. horses, as can be seen by examining Exhibit "B" , petitioner has virtually no rear yard area and great practical difficulties would result in a literal application of the Zoning Regulations since it would be impossible for petitioner to construct any type of shelter in the "rear yard" of his premises . 13. The relief sought herein, if granted, would not cause substantialinjury to the value of other property in the area; the parcel has adequate landscaping and screening to protect adjoining areas and would not impair the public health, safety, welfare, convenience or esthetic or property values in the neighborhood. 14 . The said action and determination of the Board of Zoning Appeals was and is unsupported by substantial evidence, is illegal, unconstitutional, arbitrary, capricious, improper and an abuse of its 1 discretion. The action taken by the Board of Zoning Appeals has deprived your petitioner of the right to make use of the property pursuant to §100-30A(2) (c) . In addition, the Board of Zoning Appeals has wholly neglected to take into consideration the practical difficulti s imposed upon your petitioner by the decision herein made as it pertains to the use of his rear yard area . 15 . That the determination made as hereinbefore described was not made in a civil action or special proceeding by a court of record or a judge of a court of record; that it was not made in a criminal matter; that it finally determined the rights of the petitioner with respect to the matter to ho reviewed; that it cannot be adequately reviewed by an appeal to a court or to some other body -5- GATZ. ARNOFF & CZYGIER - ATTORNEYS AT LACY - RIVERHEAD. N. Y. or officer; that the body or officer making the determination above set forth is not authorized by statute to rehear the matter upon .the petitioner ' s application. 16 . That 30 days have not elapsed since the filing of said decision of the Board of Zoning Appeals of the Town of Southold. 17. That no previous application for a review of the decision of the Board of Zoning Appeals has been made. WHEREFORE, your petitioner prays that pursuant to the provisions of the statute in such cases made and provided, a judgment be entered herein, directing that the decision of CHARLES GRIGONIS, SERGE DOYEN, TERRY TUTHILL and ROBERT J. DOUGLASS, constituting the Board of Zoning Appeals of the Town of Southold, and of the said Board, be annulled and that its determination that petitioner shall not have I a variance be reversed, and that the Board of Zoning Appeals -be ordered, directed and required to issue or direct the issuance of an appropriate building permit for the petitioner in accordance with his application therefor; and prays that this court at a Special Term dispose of this cause on the merits determining all questions which may be presented for determination under §7803 of the CPLR directing the variance herein for the uses and purposes herein sought, together with such other, further or different relief which to this court may seem just and proper, and that pending the hearing and determinatio of this matter, the Town of Southold Board of Zoning Appeals, its agent and employees be stayed from enforcing or taking any action with regard -6- GATZ. ARNOFF & CZYGIER'- AFTORNCY9 AT LAW - RNCRHGAO. N. V. to their decision dated January 23, 1980 . I Robert F. Larson STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ROBERT F. LARSON, being duly sworn, deposes and says : That he is the Petitioner herein; that he has ready the foregoing Petition and knows the contents thereof; that the same is true to his own knowledge except as to matters therein stated to be alleged on infor- mation and belief and that as to those matters he believes it to be true Robert F. Larson Sworn to before me this /' day of February, 1980 . Notary Public Corti . ,e,.n I Fynn MuIJL ! GATZ. ARNOFF & CZYGIGR . ATTORNEYS AT LAW - RNICRHCAD. N. Y. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - - - - - - - - - - - - - -x ROBERT F. LARSON, Petitioner, AFFIDAVIT -against- Index #80- CHARLES GRIGONIS, Chairman, SERGE DOYEN, TERRY TUTHILL and ROBERT J. DOUGLASS, constituting all the members of the Board of Zoning Appeals of the Town of Southold, Respondents. - - - - - - - - - - - - - - - - - - - - - -x STATE OF NEW YORK ) . ss. . COUNTY OF SUFFOLK ) JOHN M. CZYGIER, JR. , being duly sworn, deposes and says : 1 1. That he is a member of the firm of GATZ , ARNOFF & CZYGIER, attorneys for the above named petitioner. 2. Petitioner' s application for permission to maintain a horse and pony on his property, and construct a shelter for them, was denied due to the Southold Town Building Department' s and Board of Zoning Appeals misapplying §100-30A(2) (c) of the Town Code and erroneously forcing literal compliance with §100-32 of said Code. 3. With respect to §100-30A(2) (c) , the Building Department and Board of Zoning Appeals is interpreting said section (see Ex. "C" ) so as to require the petitioner to have 80, 000 square feet of property before being permitted to maintain a horse and/or pony. 4. It is submitted that such an interpretation is incorrect; clear intent of the statute is to require that a property owner possess GATZ. ARNOFF & CZYGIER . ATTORNEYS AT LAW - RIVERHEAD, N. Y. at least 40, 000 square feet before maintaining a horse and/or pony on his property. S. As to the requirement that accessory structures be located only in areas designated as rear yards (see §100-32 annexed hereto as Exhibit " G ") it is submitted that the practical difficultie resulting from a literal application of this section require that petitioner be granted the variance he is seeking. 6. Petitioner is proceeding by way of order to Show Cause because of the immediate financial repercussions resulting from the denial of his application by the Board of Zoning Appeals of the Town of Southold. 7. No previous request has been made for the relief sought herein. \Ilei Jo M. Czyg • Sworn to before me this r,- /Ci day of /Flebruar 1980. Notary Public KARE tJ PC N' Y N,)11 Yp! YURLIC, LLi��;of N,,w Yolk N. ',2.40J4A67 ,11111k County Ce.nr r.>,on Ceprcu. Id�mo 30, 19"Yo GATZ. ARNOFF & CZYGiER - ATTORNEYS AT LAW - RIVERHEAD, N. Y. ALL those certain plots, pieces or parcels of land, with the build- ings thereon, situate at Nas$au Point, Town of Southold, County of Suffolk and State of New York, and known and designated as part of Lot No. 129, a portion of Lot No: 130, as shown on a map entitled "Amended Map A of Nassau Point, owned by Nassau Point Club Properties, Inc . , situated in the Town of Southold, Long Island, New York" , sur- veyed June 28, 1922, by Otto Van Tuyl, C.E. & Surveyor, Greenpoint, New York, and filed in the Office of the County Clerk of Suffolk County, August 16, 1922, File No. 156, together with other premises adjoining th- line of Lot No. 129 shown on said map, which said part of lot No. 129, part of Lot No. 130 and said other premises when taken together are more particularly bounded and describedas follows : BEGINNING at a point on the northerly side of Bridge Lane, said point being situate, North 60 degrees 19 minutes 40 seconds East, 462.35 feet as measured on a tie line course and distance from a monument in the 'arc formed by the intersection of the northwesterly side of Bridge Lane with the Easterly side of Bayberry Road; RUNNING THENCE (1) North 51 degrees 10 minutes 10 seconds West, 84.91 feet; THENCE (2) ,North 3 degrees 29 minutes 50 seconds West, 100.92 feet; THENCE (3) North 12 degrees 19 minutes 50 seconds West 130.03 feet to the southwesterly corner of Lot 130 on said map; THENCE (4) North 67 degrees 32 minutes 30 seconds East thru Lot 130 a - distance of 79.92 feet to a point; THENCE (5) South 46 degrees 13 minutes 10 seconds East, a distance of ; 95.03 feet to a point; THENCE (6) South 76 degrees 40 minutes 20 seconds East , a distance of 67.32 feet to a point on the Westerly line of Nassau Point Road; THENCE (7) along the curving westerly line of Nassua Point Road, a dis- tance of 114 feet, more or less, to the point on the westerly line of Nassau Point Road where the northeasterly corner of Lot No. 129 shown on said map which is- situated South 10 degrees 19 minutes 00 seconds East and a distance of. 113.26 feet from the end of the sixth course; THENCE (8) Along; the curving westerly line of Nassau Point Road, a dis- tance of 103 feet, more or less, to the point situated South 18 degrees 59 minutes 00 seconds East and distant 101 .65 feet from the end of the seventh course ; which point is the southeasterly corner of Lot No. 129 and the point of intersection o#' the Westerly line of Nassau Point Road i with the northerly line of Bridge Lane; continued. . . . . . . . Exhibit A South 2 degrees 00 minutes 00 seconds West, a distance of 162. 5 feet along the said point or place of BEGINNING. _w 3MAP of PROP E . $URVE�(ED _FOIZ. LAZ \ A 4T RASSAU CP 27 Jcl- So n \ �� _ TP LO _ ` 1 2eroirecr.N ! ,l'oMSfO _a � \,tel \`�'- .�� !�.65�-- : _�\ - - `'- ''; . • � .. _ LANA'. •'� �I, _ . i-ID . ARTICLE III A Residential and Agricultural District § 100:10. Use regulations. In an A District, no building or premises shall be used, and no building or part of a building shall be erected or altered which it arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. I I (Ino-Lonily detached dwellings, not to exceed one I I I dwelling on each lot. 121 The following roniowicial agricultural operations and accessuly uses thereto, ineludiT19 irrigation, provided that there shall he nn storuge of manure or other odor- or dust-producing substance or use, except spraying and dusting to protectvegel.at ion, within one hundred fifty 11501 feet of any lot line: (a) The raising out field and garden crops, vineyard and orchard farming, the maintenance of nur- series and the seasonal sale of products thereof in buildings, subject to the following special requirements: III All one-story buildings for display and retail sales of agricultural and nursery products grown primarily on the premises shall not exceed one thousand 11,000) square feet in floor area. Display of produce shall be not I less than ten (10) feet from all street and lot lines. Any stand in excess of one hundred t1001 square feet in floor area shall be set buck twenty (20) feet from the street line. Any stand in existence at the effective date of this chapter must, within one (1) year, comply with all of the provisions hereof. 121 All signs shall conform to the provisions of § I110-311c1(i)(b1. Ib) The keeping, breeding and raising of fowl. except ducks,' and large domestic animals on lots of ten (10) acres or more (c) The keeping of not more than two (2) horses and/or ponies owned and used by the owner of the premises for his personal use, provided that the land area devoted to such use shall not be less than forty thousand (40,000) square feet. IArpended 5-30-75 by L.L. No. 3-19751 Exhibit C FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. Dora ��cEs.....S7r��r....l..G........, 19...� Tod/.! ,c./<.L.....f...,. /1I, $Q!) ................. �. ./��........(.�14. .t!../�n.. u7..�(p..... f f[r.l..cf/i}.U.r...... U..: ........... ............ PLEASE 'FAKE NOTICE that your application dated ..... Lt C..C........;? .........�1, 19.7..9 for permit to construct /7f C' ��$ .. ?¢ of the premises located of n1n.c. F:!0ji� Map � ............................G-. . ........ . .... Block ............................................ Lot cS ! returned herewith and disapproved on the follow;ng grounds PIP .`:......�� Ca/./f .?.......1�.<C/....�Q/z� 1....0.. ..... . .....�.� ....a/Cv r / off./..�:r .....1� c r r. ....7�....,1.?v, 7......r� � =.......... �T^.../JJ...7eZ:' G n — 0 Building Inspector r� Exhibit D / Index No. '�-Q- 3 7�5� Year 19 STATE OF NEW YORK SUPREME COURT COUNTY OF SUFFOLK ROBERT F. LARSON, Petitioner, —against— CHARLES GRIGONIS,Chairman, SERGE DOYEN, TERRY TUTHILL and ROBERT J. DOUGLASS, constituting all the members of the Board of Zoning Appeals of the Town of Southold, Respondents. ORDER TO SHOW CAUSE, PETITION & AFFIDAVIT GATZ, ARNOFF & CZYGIER Attorneys for Petitioner Office and Post Office Address P. O. Box 449 16 West Main Street RIVERHEAD, NEW YORK 11901 516.7274095 516.7274160 Ta Attomcy(s) for Service of a copy of the within is hereby admitted. Dated: Attomey(s) for PLEASE TAKE NOTICE 9 E] that the within is a (certified) true copy of a _ NoncE OF entered in the office of the clerk of the within named court on 19 ENTRY t ❑ NOTICE OF that an Order of which the within is a true copy will be presented for settlement m the Hoa r SETTLEMENT one of the judges of the within named Court' at on 19 , at M. Dated: GATZ, ARNOFF & CZYGIER Attorneys for BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of ROBERT F. LARSON NOTICE to the Board of Appeals of the Town of Southold TO: Mr. & Mrs. Carl D. Hillmer, Bridge Lane Nassau Point Cutchogue, New York 11935 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){SpeeiaFExceptienHSpft46Pernrit) (the following relief: An interpretion of Zoning Ordiance §100-30A 2 (c) ,i 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 72A Nassau Point Road, Cutchogue, New York (Naaaa u not nt Road and Bridge Lane) 3. That the property which is the subject of such Petition is located in the following zoning district: "A"—Residential and Agricultural 4. That bsuch Petition, the undersigned will request the following relief: Permission to construct yaccessory structure and permission to keep horses on property. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Art. III, §100-30 2 (c) and §100-32 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. 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 toappear and be heard at such hearing. Dated: December a? , 1979 . i���T Petitioner Robert F. Larson Post Office Address 72A Nassau Point Road Cutchogue, NY 11935 PROOF OF MAILING OF NOTICE NAME ADDRESS Mr. & Mrs. Carl D. Hillmer Bridge Lane, Nassau Point Cutchogue, New York 11935 J « x ILI ryl ' v j Lou at h p Q J\ y N C:) Ln ri of « NF�gp cc UJ N V O3o1w Up > � M .VSr'r. ia z aFw >: f \J 0 �I O ?LL.... C O=� w V w u N An � ti�' �M � '� w i � w � 301Atl3S 1d1303tl Ntl013tl ¢ � ' W S33d tl0dtlS301A3S 1tlN011d0 31W SVW1SOd Gc g 11ASN00 9L6I 'add`OOBE w303 Sd 1 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Pw' n�jn�� �_� rS�A7 residing at7&2jA A1A-&Sg_{ C! /- /V ,L( being duly sworn, deposes and says that on the day Of 3P� � e _ 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 currentassess meryt,roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at T.� tr i y et-heca N ;that said Notices were mailed to each of said persons by (certified) (registered) mail— �— Sworn to before me this day of YN. be i, ._19 `Z Notary Public IWARtTN ANN NEVILLB NOTARY PUBLIC, State of New York No, 52.8125850, Suffolk Counnt�yy,, Tom Fa01re4 March 30, 19171) � y �v . ��� ��lirJGc.cc— �� �f-�' Q.JL�- v-�-+` n- �-� � -_ �. �/ �3.. _{� o ti�f� / / � c7 ((') ��, � ��� , �,� -�.�� /,r�J //LA �l �ll L ��4'W �� ~ �� To whom it may concern, y We, the undersigned, being neighbors, and residents of Naasau point, Cutchogue, N.Y., have no objection to the keeping of horses on their property by Itr. & Mrs. Robert A Timon at T2A Bassau pt. Nd. t- a .�> tW V y /Q'• haw .pir . GvG Nos✓ y' "�t " �-�. ��o , � v�� a Janu, . y 14, 1980 We, the undersigned, residents of Nassau Point , Cutchogue, N. Y. , are opposed to the request for variances to the Zoning Ordinance made by Robert F. Larson concerning the keeping of horses on his property. a ivt =4 -- �r -?\0At444jDXl# -- ee r� ---------------- 1 1.4.J/1u G� -Jr ? - WoL 4'07 -J_ © 0 <Zzz? �. NASSAU POINT PROPERTY OWNERS ASSOCIATION P. O. Box 346 CUTCHOGUE, L. L, N. Y. 11935 January 15,1980 Board of Appeals Town of Southold Southold Town Hall Southold, N.Y. 11971 Members of the Board of Appeals: The public hearing to be held on January 17,1980 on the application of Robert F. Larson to stable horse on his property on Nassau Point has aroused a great deal of interest among his neighbors. As President of the Nassau Point Property Owners Association, I have received numerous calls and visits from members of the Association who have voiced strong opposition to the granting of the proposed variances. In my dealings with and appearances before the Town Board, Planning Board, Town Trustees and your Board, I know that our governmental bodies are very anxious to have in-put from neighbors and others who are concerned with a matter before the Town. In my conversations with the members of the Association, I have stressed the importance of giving the Board the benefit of their thoughts and recommendations on the problem. It is only on this basis that the Board can understand the wishes of the community and reach a proper decision. I am sure that there will be a delegation of neighbors present at the hearing to voice their views and also to present the views of other neighbors who because of age or temporary absence from the area are not able to attend the evening meeting. Personally, I am opposed to granting the variances for many reasons which will be presented at the hearing. I am particlarly concerned with the precedent that would be set in the entire Town of Southold if these violations of the Zoning Code were allowed. The Code was established on a sound basis and I can see no practical difficulties or unnecessary hardship in this case in carrying out the regulations as written. I am sure that you will be happy to receive the comments of the neighbors and will recognize the strong feeling against the granting of these variances. My truly yours, � O.T-c --. W. S. Gldner, President Q TOWN OF SOUTHOLD SHORT�IUVIRONMENTAL ASSESSMENT FQ INSTRUCTIONS: a In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken . (b) If any question has been answered Yes the project may be 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 . Will project result 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? . . . . . . . . . . . . . . . . . . . . . . .— x No 4. Will project have a potentially large impact on groundwater quality? . . • . . . . . . Yes X' No 5. Will project significantly effectdrainage flow on adjacent sites?. . . . . . . . . . . . . . Yes`No Z. 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 views 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__,_No 10. Will project have a major effect on existing or future recreational opportunities? . . . . . . . . ._Yes__,_No 11 . Will project result in major traffic problems or cause a major effect to existing x 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 Will project hove any 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? . . . . . . . _Yes x No 15. Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _Yes x No PREPARER 'S SIGNATURE John M. Czygier, Jr. , Esq. REPRESENTING ROBERT F. LARSON DAT Dec. 6? 1979 �c�fFOL(r Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GR IGON IS,JR. SERGE DOYEN,JR. TERRY TUTHILL TYPE II ACTION DESIGNATION - ROBERTJ.DOUGLASS, Acting Chairman NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure. DESCRIPTION OF PROJECT Appeal No. 2658• Application of Robert F. Larson, 72A Nassau Point Road, Cutchogue, NY 11935 . Location of Project: N/s Nassau Point Road, and Bridge Lane, Nassau` Poin�unty ax Map Item No. 1000-111-15-1/1 and part of 2 . Nassau Point Subdvision Map 156A, Subdivision Lots 129 and 130. Permission Requested: To keep pony & horse for personal use with Iess than 4U, UUU square feet devoted to such use, and to con- struct accessory stable in frontyard area. Article III, Section 100-30 (2) (c) and Section 100-32 consecutively. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Af idavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax Map showing the subject property, & other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel . (516) 765-1809 . Dated: December 28 , 1979 . Copies to; Supervisor James Homan - r. q n h )jar r'9ayeY I � 3 r s5,�le. y �, .� ,. ii- �Kn va 4 - .• 1 s x t yr� x r: d 3ISa r' rt > t 5 �' }Fp�('Cw`•. 6qr• �'3 �L.v`^ L .. 2 Y� 9. 1 r MR,� rq j'.a..:. ,y4 . r '1 W'4 =Y'SY �"1f ,r fc Sly�yr 3l" 1 $W �' ♦ .$,���,,,, x a 3',l '" �1".+-'�` r ✓,or'r:- a -°'r' `t1L `' as V rr ` {fI 1 it R j,,t• ��� I aj�s. f p r I.6A{e),//\.•t` S >° o4.Q �'C�"• ,. •6• :\ ,Lp .\ Iso 2 a \yt 25 '1: 1501 ° ice/ •s'//�/ A °°s• .\•°� ' ?.(� u � + JJ.•, \ at t \ w. 20 z>° qr 2.7A(C)i ° b / p•1 ° 13 :/ �:Ut/1 t o. ,yn � - r' r' I -o �% 2°t �ti'• o\ 6r' y° `�\\Q a c r , .\ \� "J b b. r I i 1.9AIt) Y. A P I20A(e1 1.3A(?) •e• \>>\ -.�wO o :'.G -\,,Y i h1 4 t 1 s 3 IIU1 S °' p\y1 a 1 , uNet hr:� P ti 1�_ x•a _ o r ' R� 3,>11':` b.' 1.8A{C) /is\, 1 >>°• '0° r r IItM ° 662 / [ °o. xis: J Poo \ >'( a a• / 12 °a - 'r a9- T' �+ r \, t .'� 8.\YBEflRY \• fr\ • ✓ 1 20�.'. O C o 23" i. r P eee• i \> ,,: 1)0. 'e i/ 8„ se' eo' g0 r \6 '0 ld'\ '' /� ° \• 'l 1 /IrP •0 r J° J � / " \xi. AY 0 \b,� ` 160• P et • •/ a\4+ >a• �'• _' 'r `p 4J. y9. R O a zq' 'ONIG me I xxa ." �1 r. � lsve\: .o a°0 \v°g? r . .moi 11 \••` � r r i c.cue eo IxA I J'.°�i r �h0. ,00 >• °> I \41 � 15 i \6 � yt\ xp° 29 7 + %4%.">.\ ; !.1 A(/i Jt\ NRce IT 26AW s %. d• 'I'(i 1l - 1 y EI l2 I � \ I Ixam1 \a>° o° > >0• i o 4 f, ,yi' o >�o �. -- ° t t r L. Pe °.. d`Or • LOA(t) i \1•` IIx asl" \,o > / Q % .• \ t t ss \. P\ `,b ('o •° zra' n• te\ / 32 y it o 1• \ '! s r. ,� A \5 w n \a°\• \\bt 'P o \M1 /I bA(CL'' J \`>tY 5 .t ' \£ � .r.t ( �\ V� J b; ,1: " 9° v0 w i, i 3•yY� ' Lr. 26 • . b. a°\/� q xa oa> -zeu. S. °o> r •, J zp9 9•� 1 aa' I \� " ns• t°o .5A(Cr '- R � � a' hh'i O ri ✓/ a6x• '• / -' It i � 1� 14A i :r zt. ae• 2T _ >` n tts' °• 6 . ,;w'a \ai t• 26 .e lsaP \la 34 tQ. /l \ ' retx�lglf +"1'L o.•i o at: '�J', a „ z /,. . {C) �:, t 292' /! " o. > • / u its '� \las . zzar �� Vv°y:', 29 $ q 6�• : .r�r� to p> ,?l y°• ls0 13Ak) Ix\s, !. >�t> \t•rt tOr ei 1.4AW 31 bn x D\o �rC \> 0 9 >yys", t\. �P, t r + r 14 U Icl �O A o: ,et 4 O nq' xYl: uel. 0 r r Ito ,ai ti'• 3 .exo' 2.6 Alt) \syr, $�` Rarx 101 1 a o i >a°•\ .>• WET'!a Pp - k Ix u1 36 " "�' `:. \° pte� S �\ ya>• 'a . e 2 a>>• sl8 " V� FOR PARCEL N0. 15 ° ' ,\• l50\ le'1 t2 2e >• \y° - SEE SEC. NO. 118.01Ili, = •' \2. > o'• N5 200 •� 1. JO c \ Ito• __ u `as° u bs 1•/)j,"e Q'• .� MATCH LINE 4 +.. . V 1 _ e s n•P rr a - 1.6 �\ �•D 4S ry`�e �° 1.3A1e1 �F, ,1' � W >p fsOJ �•, \ \ - - SECTION NO. Revisions KEY MAP © COUNTY OF SUFFOLK ToeINOFSouTHoLo }'�3e) 1 , - - 2 200 0 200 eoo ..A er1Cv VILLAGE nc •� Real Property Tax Service.,. g /975" 0 110 n1 m3 SCALE IN FEET , �nnw!% .rcai of 7, i. (DISTRICT NO. I000 - 4 u /976 10 PROPERTY MAP ?�Apb 6 /172 n ne Riverhead, L I , New'York o,x ,lramoxra