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HomeMy WebLinkAbout2768 TOWN OF SOUTHOLD, l~Aw YORK ACTION OF 'l'~ ZON~IG BOARD OF APFEALS ApplauD. 2768. Application Dated December 3, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. James P. Latham 1490 Village Lane Orient, NY 11957 1980 DATE ....1.~..'1..3.~.8.1 Appenant at a meeting of the Zoning Board of Appeals on December was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a spec/al exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. I I I, ( ) 29, 1980 , the appeal Sec. 100-31 ~ranted ( ) ~ denied p~suant ~ Article .................... ~ction .................... Subsection .................... .................... ~ the ~ning Ordinan~ and the dee~on ~ the Building Iuspect~ ( ) be reversed ( ) be co~irm~//sit Public Hearing:- 8:15 p.m. - Application of James P. Latham, 580 Plum Island Lane, Orient, NY for a Variance to the Zoning ~nce, Art. III, Sec. lO0-31 for permission to construct new dwelling with insufficient sideyards at 1490 Village Lane, Orient, NY; bounded north and west by G. Latham; south by McNeill; east by Village Lane; County Tax Map Item No. 1000-24-2-14. (SEE-REVERSE SIDE) 2. VAItIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) hardship because (SEE REVERSE SIDE) produce practical (b) The hard~hip created (is) difficulties or unnecessary (is not) unique and (would) i ~" (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because '(SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) 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. FORM ZB4 ZONING BOARD OF APPEALS The findings and determination of the Board are as follows: On December 3, 1980 appellant appealed to this Board seeking a variance for approval of the construction of a one-story, one-family dwelling with insufficient sideyards, 7', more or less from the northeasterly property line and 17', more or less from the south- westerlyproperty line. Due to an oversight, misunderstanding or error, the subject dwelling has been fully constructed and appellant was unable to obtain a Certificate of Occupancy for same until an application had been made for a variance as applied for herein. Upon inspection the Board found that the subject dwelling does conform with those in the surrounding neighborhood; that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoin- ing properties will be created; that no adverse effect is produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighborhood; that the difficulty cannot be obviated by some.method feasib.l~ for the appellant to pursue, other than a variance; and that the interests of justice will be served by granting the variance conditionally and as applied for as specified below.' On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLyED, that James P. Latham be granted.a variance to the zoning ordinance, Art. III, Sec. lO0-31 approving the construction of a new dwelling with insufficient sideyards as applied for and SUBJECT TO THE FOLLOWING CONDITION: That no further protrusion in either of the sideyards be permitted. tocatiQn of Property: 1490 Village Lane, north and west by G. Latham; south by McNeill; Lane; County Tax Map Item No. 1000-24-2-14. Orient, NY; bounded east by Village~ and Vote of the Board: Ayes: Messrs. Sawicki. Absent was: Mr. Doyen. Grigonis,.Douglass;' Goehri~ger, APPROVED ~hairman Board o! Page 2 Legal Notice of Hearings December 29, 1980 Meeting Board of Appeals 8:15 p.m. Application of James P. Latham, 580 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient sideyards at 1490 Village Lane, Orient, NY; bounded north and west by G. Latham; south by McNeill; east by Village Lane; County Tax Map Item No. 1000-24-2-14. 8:30 p.m. Application of Marianne Weil, Skunk Lane, Cutchogue, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-30{C}{1)(c} and Art. XIV, Sec. lO0-141(B) for permission to establish home occupation in a residential area exceeding 30% of the area of one floor of the main building, and a Variance for Approval of Access, N.Y. Town Law, Sec. 280-A. Location of property: Right-of-way off the west side of Youngs Avenue, Orient, NY; bounded no6th by private right-of-way; west by Kroepel; south by Reybine; east by High; County Tax Map Item'No. lO00-1~-l-lO. OTHER MATTERS SCHEDULED FOR 12/29/80, RECESSED FROM PREVIOUS MEETINGS: 8:45 p.m. 9:10 p.m. Application of Roy C. Schoenhaar, for approval of insufficient area and width of four proposed parcel.s and for approval of access. ApPlication of North Fork Motels Inc. for permission to change existing motel use to condominium or privately-owned-units type use. DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, December ll, 1980 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971. by McNeill: east by Village ~ L~ne: Cauntv Tax Mnn Item . No. 1ooo-2: 'g-,j~_-.~ ~ LEGAL NOTICE ~n Ap~li~on OF HEARINGS Maria~e Weil, Sku~ ~ne, NOTICE IS ~BY Cutch~e, ~ (by Rudolph GleN, p~nt to ~on H. B~er, E~.) for a Valance ~7 ~ ~e Town ~w and the ~to t~ Zoni~ Or&~nce, Art. Prov~iom ~ ~ Amen~ C~e of t~ Town ~ ~old, III, ~. l~(C)(1)(c) and t~t ~efoH~ingmat~ A~. X~, ~. l~141(B) for ~ held for public ~rin~ by ~sion to ~blish home ~tion in a r~idential ~ S~oid T~ B~ ~ area ~c~ing ~% of t~ N~ OF S~FFOLR, ] Ap~ at the Town HaH, ar~ of onefl~r ~the main ~ OF NEW YORK, ~ss: Main R~d, S~oid~ ~ on building, and a Var~nce for Monday~ ~em~r~, 1~: Approval of Ac~s, N.Y. 7:35 p.~. Appli~t~ ~" Town ~w, S~. ~A. ~a- ~ .G~8~.~Y~.Q~ ................... ~in9 duly Peter V.' I~, 919 Har~ne tion of pro~rty:Ri~t-of-way C~cle, N. Beilmo~, NY 11710 off the W~t side of Y~s that . ~... iz Printer and Publisher o~ ~e S~FFOLK for a V~ian~ ~ ~ ~ Avenue, Orient, ~; ~und~ Ord~n~, ~t. III, S~. 'i~1 north by p~vate ~ght-~-way; ',KLY for approval ~ im~ficient w~t ~ Kraal; south by arc. and width of two pro~- Reybi~; ~st by Hi~; C~ tV~ and ~t the noti~, oi which ~e ~e~ is ~ print~ ~ ~ l~at~ at the w~t ty Tax Map Item No. 1~1~1- - - si~ Of Pi~ ~ R~d, ~t- cbe~e, ~; mo~ ~nicu~r- 10. ~s been published in the ~d $ui~lk W~k~ Times OTHER MA~ERS ~HED- ' ly ~own as ~ ~ and ~A, ULED FOR 12[~]~, RE- Map of Na~u Far~, Map CEDED FROM PREVIOUS No. 11~; C~nty Tax Map Item No. 1~1~2-9 and 10. MEETINGS: 7:~ p.m. Application of 8:45 p.m. Appli~tion of Roy C. Scholar, for approval Nicholas D. Yuel~, 61~ ~ of im~ficient area and Br~dway, Bro~, NY 1~71 width ~ f~ p~ ~r- for a Variance to the Zoning cels and for approval of ac- Ordinance, Art. IH, Sec. 100-32 for permission to construct 9:10 p.m. Application of North accessory building in the Fork Motel, Inc. for per- frontyard area at 56005 C.R. mission to change existing 28, Greenpart, NY; bounded motel use to condominium north by L.I. Sound; west by or privately-owned-units Candan; south by C.R. 27 typeuse. (NorthRead); east by Atwan; DATED: December 4, County Tax Map Item No. BYORDEROF 1000-44-1-19. THE SOUTHOLD TOWN 8:05 p.m. Application of ' BOARD OF APpEALS Wilbur A. Baldwin, 1725 Nas- CHARLES GRIGONIS, JR., sau Point Road, Cutchogue, CHAIRMAN NY for a Variance to the 1TD11-3580 Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient sideyard setback at 1725 Nassau Point Read, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Item No. 1000-104-13-2.4. 0:15 p.m. Aunlication of James P. Latham. 580 Plum welling with insufficient side- Orient, NY; bounded north ~d-~t ~y 6. l~amam; soutli in each week, tot . . o~.(~ ...................... weeks ,~ssively commencing on the . .1.1~ ................... of ..... D.e.c el~ e~. ...... 19. m to before me this .1.1~b. ..... of,, D.e.o..e .m.b..e ?. ...... ~9..~0. ................. HELEN K. DE VOE NOTARY PUBLIC, State of New York No. 4707878, Suffolk Term Expires March 30, LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, that the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Sout.hold, HY on Monday, December 29, 1980. 7:35 p.m. APplication of Peter V. ]zzo, ~919 Harlane Circle, N. Bellmore, N-Y 11710 for a Variance to the Zoning Ordinance, Art. LII, Sec. 100- 31 for approval of insufficient area and width of two pro. posed parcels located· at the west. side of Pine Tree Road, Cutct!ogue, NY; more partic- ularly known as Lots 34 and 35A, Map of Nassau Farms, Map N0~ 1179; County Tax Map Item No. 1000-104-2-9 and 10. 7:50 p.m.' Application of Nicholas D. Yuelys, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning Ordinance, Art. IH, Sec. 100- 32 for permission to construct accessory building in the front- yard area at 56005 C.R. 28, Greenport, NY; bounded north by L.I. Sound; west by Can- dan; south by C.R~ 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44: 1-19. 8:05 p~m. Application of Wilbur A. Baldwin, 1725 Nas- sau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. Ill, Sec. 100-31 for permission to construct attached garage with an insufficient sideyard set- back at 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Rem No. 1000.104-13-2.4. 8:15 p.m. Application of .___~.a. me,s ...P. Latham, 580 PI.am ~.____I_slan~ Lane, Qrient. NY for s Variance to the Zonin$ Ordin- ance,__A._~._l]I, Sec. 100-31 for permission to construct new _.dw.e!l_i._ng with insufficient side- yards at 1490 Village Lane, ~Oi{~Kt~ NY; "~unaea norm and west by G. Latham; soUth _ i i~ ~ii!i~'a_~t__bx__Village .... LaneL.~_o~n_ty__T_a_x Map Item No. 1000-24-2-14. ' 8:30' p~m~--~PPlication of Marianne Weil, Skunk Lane, Cutchogue, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(C) (1) (c) and Art. XIV, Sec. 100-141(B) for permission to establish home occupation in a residential area exceeding 30% of the area of one floor of the main building, and a Variance for Approval of Access, N.Y. Town Law, Sec. 280-A. Lo- cation of property: Right-of- way off the west side of Youngs Avenue, Orient, NY; bounded north by private right-of-way; west by Kroepel; south by Reybine; east by High; County Tax Map Item No. 1000-18-1-10. OTHER MATTERS SCHE- DULED FOR 12-/29/80, RE- CESSED FROM PREVIOUS MEETINGS: 8:45 p.m. Application of Roy C. Schoenhaar, for approval of insufficient area and w. idth of four proposed parcels and for approval of access. 9:10 p.m. Application of North Fork Motel, Inc. for permission to change existing motel use to condominium or privately-owned-units type use. DATED: December 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman IT, 12/11/80 (4) COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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-Watch- man once each week for ............. ! .......................... weeks successively, commencing on the ../..( .............................. Sworn to before me this } /~-- ................................ day of Notar~Public ~ CLEMENT J, THO~flPSON N()I,~.~'i PL~SLIC, State of New !.k, 52-9321725 kestdin~ in Suffolk 'omr~i.~i0n Expires ~rch APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.. CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki SOuthold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ]lCJ?l TELEPHONE (516) 765-1809 December 30, 1980 Mr. James P. Latham 580 Plum Island Lane Orient, NY 11957 Re: Appeal No. 2768 Dear Mr. Latham: This letter will confirm that the following action was taken by the Board of Appeals at a Regular Meeting held December 29, lgSO concerning the above appeal: RESOLVED that James P. Latham be GRANTED a variance to the Zoning Ordinance, Article III, Section lO0-31 for approval of insuf- ficient sideyards as applied for and SUBJECT TO THE FOLLOWING CONDI- TION: That no protrusion be permitted in either sideyard in the future. This resolution was unanimously adopted. A copy of this letter is this date being of the Building Department in order that your Certificate of Occupancy may be finalized. handed to Curt'Horton application for a CG:lk cc: Building Department William H. Price, Jr., Esq · Sincerely yours, CHAIRMAN COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN Town of Southold Board of Appeals January 22, 1981 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Wilbur A. Baldwin Ja~ms P. Latham~/' Nicholas D. Yuelys Municipal File Number 2767 2768 2769 CGN:Jk Very truly yours, Lee E. Koppelman Director of Planning (~H;LI~ PI.ANNF. R TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. Ptanning Bd. 765-2660 Board of Appeals 765-1809 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .... .~.O.a.~.d...O.f..A. p p.e.a.!.s..............of the town of...S.o..U.t.h.o. ! .d .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ..~.X ......... Variances Art. I I I, Sec. Appeal No. 2768. James Po Latham 1490 Village Lane Orient, NY 11957 100-31 within 500 feet of: (check one or more) ...X..X. ......... Town or village boundary line, or shore line Orient Harbor ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ ~ate or county own~ parcel on which a public building is situatad Comments: Public Hearing and decision rendered 12/29/80 approving sideyards as applied for. Findings and determination, etc. attached. Due to an oversight, misunderstanding or error, the subject dwelling is fully constructed and applicant was unable to obtain Certfi(ate of Occupancy without approved variance. Date: ....!/...2..°../..8..)..: .......................... (signed) Linda F. Kowalski, Secretary T/t/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. Southold Town Board of Appeals MAIN ROAD- STATE; ROAD 25 SOUTHOI-D, L.I., N.Y. llCJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, ,,IR., CHAIRMAN SERGE DOYEN, .IR. T E.',,q Y T'JT~:', LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TYPE II ACTION DESIGNATION NOTICE OF NO SIGNIFICANT EFFECT UPON THE ENVIRONMENT Pursuant'to Section 617.13 of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617.5(a) of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. Applicant form which indicates that no adverse effects were likely to occur the environment. The subject property is not located within 300 feet of tidal welands, and pursuant to Sec. 661.4{B)(1) and 661.7 of the Environmental Conservation Law, Article 25, no permit is necessary from the Dept. of Environmental Conservation. has submitted an environmental assessment in the short to Ap..plicant's Description at 1490 Village Name: JAMES P. LATHAM. Appeal No. 2768. of Project: New dwelling with insufficient sideyards Lane, Orient. 1000-24-2-14. Date and Place of Public Hearing: 12/29/80 at 8:15 p.m.at the Southold Town Hall, Main Road, Southold, New York. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with mail receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showing this property and the surrounding area, and other documents as may be required. Person to Contact for Additional Information: Linda Kowalski, Secretary to the Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Telephone (516) 765-1809, or 1802 (Building Inspector). Dated: December 4, 1980. Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. JUDITH T. TERRY - TOWN CLERK P~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 18, 1980 TELEPHONE (516) 765-1g01 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Trasnmitted herewith is Zoning Appeal No. 2768 application of James P. Latham for a variance. Also included are notification to adjoining property owners as ~ollows: Mr. George R. Latham, 303 Roslyn Road, Mineola, N.Y. 11501; Mr. & Mrs. Donald A. McNeill, Main Road Orient, N.Y. 11957. Judith T. Terry ~ JTT/bn Enclosures Town Clerk FOB~ NO. $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. File No ................................................................. Dote ........................................................ ................................. ..o..~.L~..z ............... !..?. ~7 PLEBE TAKE NOTICE that your application doted ............................ ~.~. ....... for permit to construct ~ ~ ~ I ~ ~ ~* the premises located at , !..~.....~}. ~.fi.~ ~i ............ &.~ ............ Street Map .................................... Block ............................................ Lot ................................................ is returned herewith and disappr~ed on the follow;ng grounds ....... (.~,~?,,~.~.~..~.~.~ .................... s.~.~..E ......... ~.~ .................. 5~.. ~ ....... {.~.~.~.~.~ ....................................................... Building Inspector ~.;~ ,SHOP, T 'ENVIRONMENTAL ASSESSMENT FORM .~' ,~NS.T~,~UCT]ONS_: ' . ~m~ . ..~ · ~ ~ (~] ]n orde~ to answer ~e questzons in $~zs sho~ EAF £t is assumed that the preparer will use. currently oval]able 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 o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is iii<ely that this is not significant, i project) Environmental Assessmen¢ '":-. ~, 'Wil~ project result'in a large physical change to the project'site o~ physically alCer more than lO acres of land? ........................, Yes,No 2. Will there'be a major change to any unique or -unusua} land form found on the sit~? .......... Yes~'~NO 3. ~ill project alter or hove a large'e~fect'on existing body of water? ....................... Y9 '4.. Will project hove a potentially large impact on groundwater quality? ....................... Yes, o 5. Will project signiflcon~ly effect drainage flow on adjacent sites? .............. [ ...... ~.,., Yes 6. Will project affec~ any threatened or endangered plant or animal species? ........... ~e~ 7. Will project result in o major adverse effebt lity? Yes(No' on air qua .............. ' ................. ~ · 8. Will project hove a major effect on visual character of the community or scenic views or. vistas known to:be important to the community? ~. Will project adversely impact any site or .' . structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental area by local agency? . ....... .- .'... ...... ., Yesz%"No 10. Will projec~ hove o major effect on existing or future recreational opportunities? ......... Yes.~.~. 0 '11. %~ill project result in.major traffic problems o~ cause a major e~fect to exis~ing transportation systems? ....................... . Ye .,.. o 12. Will project .regularly cause objectionable odors, noise,' glare, vibration, or electrical. _ disturbance as a result of the project's operotlon? ..................................... --Yes ~0' 13. Will Pr'oject hove any impact on public health or.safety? .................................... Yes,~,No 14. Will p~oject 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 neg6tive effect ' community on the character, of the or Yes neighborhood? ................................. ., 15. Is there public controversy concerning· the · Yes project? ........... .--.-......'''~' .......... ~ ~,- PREPARER'S , , R EPRESENTZNG_. DATE_ /~/~ 0 ('~oda~* s ~ate) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~,~:~ ~ Location of Property: ~ ~,//~_ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at' leas~ 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to ~he best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] O · TOWN OF SOUTHOLD, NEW YOItK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO Name of Appellant Street and Number ............................. · ..~.. ................................................................... ~.~..: ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILPlNG. INSPECTOR ON / APPLICATION FOR PERM T NO. I~.g. ~..g=...~.. ..... DATED ..........!!/..~.ff.../..~ ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ........................ ................... Street and Number J Municipality State ( ) PERMIT TO USE (~'~ PERMIT FOR OCCUPANCY ( ) l. LOCATION OF THE PROPERTY ............ Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~h~as not)~een 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 A Variance to Zoning the Ordinance isrequested forthe reasonthat Porm ZB1 (Continue on other side) REASON FOR APPEAL Co~tlnued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunn~es- so~HARDSHIPb~au~ a dwelling of this size cannot be practically situated on the subject parcel of real property and not violate sideyard requirements of the zoning code of the Town of Southold. U~e~mssary hardship would result in that the denial of the Certificate of Occupancy for the dwelling could result in the breaching of a contract of sale between the applicant and another party. 2. The hardship created is UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property end in this use district because : .. :. ~ . This is the only new house in the immediate vicinity built upon the last vacant lot in the immediate vicinity. It is further unique in that the foundation was poured not in accordance with instructions of the applicant. Applicant was not present when the foundation was poured because of illness. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because (a) Property will he used solely as a private one-family residence in the district where permitted; (b) The sideyards on the subject parcel are approximately the same as those of the other properties bordering on Village Lane and hence, in keeping with the character of the district. COUNTY OF SUFFOLk ~  December 80 Sworn to this ........................ day of ........................................................ 19 NOTARY PUBLIC, STATE OF NEW YORK Suffolk County No. 4644944 Ter~ Ex~i:~$ Mcr~ 30, 1981 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JAMES P. LATHAM to the Board of Appeals of the Town of Southo~d TO: Mr. George R. Latham Mr. and Mrs. Donald A. McNeill NOTICE 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) ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: at Orientr Town of Southold, County of Suffolk, State of New~ork bounded on the North by land of George R. Latham; bounded on the West by l~d of George R. Latham; bounded on the South by land of Donald A. McNeill & wife; and bounded on the East by Village Lane. See copy of deed attached hereto and made ar hereof. ~. ~)l~at tthe property which is the subject of such Petition is located in the following zoning district: A-Residential and Agricultural 4. That by such Petition, the undersigned will request the following relief: Permission to construct and/or certificate of occupancy for dwelling with less than required side yard $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III S100-31 Bulk Area and Parking Requirements 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he 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. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:December 2w 1980 ~ ~ ~ Post Office Address NO # Plum Island Lane Orient, New York NAME PROOF OF MAILING OF NOTICF ADDRESS Mr. George R. Latham 303 Roslyn Road Mineola, New York 11501 Mr. & Mrs. Donald A. McNeill Main Road Orient, New York 11957 . ,~ ~ ~ ~: [,eI : =331AUaS~d~S3:~UNUnJ3Uo.~ ~cac STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: KATHY A. MAZZAFERRO , residing at (No 9) Osseo Avenue, Southold, New York 11971 , being duly sworn, deposes and says that on the 2nd day of n~mher ,19 8 0 ., deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold ; that said Notices were mailed to each of said persons by ( c e r t i fi ed ) -~ re~ ~ t~"~%~uf mail. Sworn to before me this 2nd Wl~L~ta r y Pu b!~ic. IAJ'v~ H. P~I~E, JR. ~T~y PU~, ~TATE OF NEW YORK ~k C~ ~. 4644944 Te~ ~, ~ 30, 1981 SHOULD BE USll) BY LAWYERS ONLY, , nineteen hundred and seventy-eight Orient, par~ of ~e fir~ p~K, and JAMES P. LATHAM, residing at No # Plum Island Lane, Orient Point, N.Y. p~ty of ~e second pm't, wl. rl~-~-- ,~- ~, of the tint ~ in consideration of Ten DolOrs and ~her v~ble ~nsi~e?fion u~L L,,~ ~,,~ , nd ~ the heirs I~aid by t~ party ~ ~e second ~, does ~reby g?nt a~ release unto the ~Ry of t~ seco ~r Suc~cs~r$ ~d ~gns of ~e party of t~ seeona part forever, ~ that eertain pl~ pi~e or parcel of land, ~th ~e b~l~s and improvem~ thereon ~eet~, sit~te, ly~G~db~ng~th~ V~llage of Orient, Town of Soutbol6, County of Suffolk a~ State of New York, bounded and described as follows: BEGINNING at a monument on the westerly side of Main Street (¥illag~ Lane) where same is intersected by the northerly side of premises herein and land now or formerly of George R. Latham; running thence south 32 degrees 48 minutes west along the westerly side of Main Street 70.00 feet to land now or formerly of McNeill; thence north 60 degrees 06 minutes West along said last mentioned land 141.40 feet to land now or formerly of George R. Latham; thence along said last mentioned land the following 2 courses and distances: 1. north 29 degrees 56 minutes east 70.00 feet to a monument; 2. south 60 degrees 04 minutes east 144.90 feet to a monument and th~ westerly side of Main Street, to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by BERTHA A. TABOR and others by deed dated 4/16/65 and recorded in Liber 5737, page 35 of conveyances. 7451. TOGETHER with all right, title and interest, if any, of the party of t~..rst?a~:(~0-'t/t~' ' ~(n ~-,, ~'" s and roads abutting the above described premises to the center lines therco{; TOGETHER wi, th the appurtenances and all the estate and rights of the party of the first part in and to said premi~; TO HAVE AND TO HOLD the premises herein granted unto th~ party of *.he second part, the heirs or successors and a~signs of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party o~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. IN pP.F-~ENCE OF: George R. LatHam '~ THE WATER ~LY AND ~WAGE DIS~AL . SY~EMS FOR THIS RESlD~CE WILL CONFORM TO THE STANDAR~ ~ THE ..,,~.~2~5~.' . ~u~o~ ~o. O~,T. O~ .~T. ~.v.~. ~LICANT , SUFFOLK COUNTY DEPT. OF HEALTH SERVICES ~- FOR APPROVAL OF ~ . k CONSTRUCTION ONLY ~ i x DATE:. ,, SUFFOLK CO. TAX MAP DESIGNATION: ~ mST. ~CT. BL~K ~L. "~,z '. ,- I ~c~ /~,/~~ ~'" "' "" :" ' ' ' ' MAN TUY~ P.C. ~ I0 6 *. t -t.--M--; 1'34 SEE SEC. NO. 32 sr~ r~ ! ST. 1,9 I © COUNTY OF SUFFOLK IT°W"°~ SOUTHO~-D __ _20 Real Property Tax Service Agency V,UAGEOF County Center DISTRICTNO I000 Riverheafl. L ' New Ynrl¢ SECTION 140 024