Loading...
HomeMy WebLinkAbout2755 ~ i . ~ sL ~a~ DFF lJ~~~ph~~r~ AVF /Y~f!-~ iv~~ a"~ ~', ~~i ai - ft 6 •6v,~,i /+~-y ~ ~,D ~r-cposT• ~,u ~~~ o•~ ~ ~~,c, -ago- ~~~ bD`'~^ ~~ si~jE yyebs• a©o-~a ~- ~Izo~/r~ d w- y/~2~/ad~• ~~!°~ APP- ~s~o,<T ~,t~D ti~a~~~ - ~ ~Thd2trrc~.c~ f1oaL a~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ' DATE ....~.., . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~ GEORGETTE THURBER .of No # Jacobs Lane, Name of Appellant Street and Number ........ .W...a..d..i..n.~...R..i..v..e..r. ............................................................ ~ .... ~.?..9..2. ............ 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 ( ) ( ) GEORGETTE THURBER Name of Applicant for permit of No # Jacobs Lane, Wading River, NY 11792 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (x) Building Per~it 1 LOCATION OF THE PROPERTY N/S Right of Way, E/o Westphalia Road A-Residential & Street Use District on ZoningMuPura1--Agricult- 1000/114/7/2.1 & 2.2 Iv%ap 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 Do not quote the Ordinance.)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 100-31 3. TYPE OF APPEAL Appeal is mode 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 (l~l~ (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 ...................................................................... ( ) ( ) (x) is requested for the reason that build 'on private road REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance lot requires area and width variances & permission to Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces. sor¥ HARDSHIP because title to this property was divided at time of purchase from Gerald & Laury Ford on September 29, 1977, the westerly portion being owned by Georgette Thurber, and the easterly portion by Kenneth A. Thurber & Doris M. Thurber, his wife. The parties acted as a partnership at time of purchase and each took a lot. To reunite the premises as originally held by the Fords would constitute a financial hardship. 2. The hardship created is UNIQUE and is not shared by oil propedies alike in the immediate vic,nity of this property and in this use district because the properties in the immediate · areas have been previously held in smaller parcels than the subject parcel and have been improved with dwellings. In the sense that the ordinance would require larger lots than the established when the Thurbers took title creates a unique situation. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because adjoining lots are of similar size to those for which variances are sought. STATE OF NEW YORK COUNTY OF SUFFOLK ) ) ss ) .~. GEORGETTE Sworn to this ................................. day of .... .O..c..t.9.b..e..r. ...................................... 19 80 ELIZABETH ANN NEVILLE NOTARY PUBLIC.State of New York No, 52-8]25850, Suffolk C0un~%. Term Exmres March 38, FORI~ NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. Date ........................................................ , 19 ....... PLEASE TAKE NOTICE that your application dated for permit to c~te'~.. ...................................... ~t the premises located ............................... ; ...................................... Street Map ....................................Block ......................................... ~]) Lot ................................................ is ! ~, ........... he followln- -rounds /t, E~L~ ~£A] M/~,N ¢Y- -~OA/49 reTurnea nerewlm ana alsapprovea on ~ _ g g ............................................................ ~.~. ...... k..~.¥~ ........ ~.t.'T...~ ...... !.~..?....C-..~..~..c:..~.~.z., ...... ....A'~..ry... ........ ~.~ .... : .... .w...!.~.-~?. ....... ' ........ i .......... ....... / s ~ - //,~ - ~- ~,~ / ~ J~ ~ .................... ../...~ ..... ../..~~........ - Building Inspector ~~-'~d.um from.... ~.~ .~ BUILDING INSPECTORS OI~ICE TOWN OF SOUTHOLD TOWN HALL, SOUTHOLD, N. Y. 11971 76~-1802 ~ 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- EiTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 October 23, 1980 Stephen F. Griffing, Jr., Esq. 120 Court Street P.O. Box 982 Riverhead, NY 11901 Re: Appeal Nos. 2755 and 2756 - Applications of Kenneth and Doris Thurber, and Georgette Thurber Dear Mr. Griffing: This letter will confirm the status of the above applications. After researching the history of this property, our office has'found that an area and width variance was granted November 29, 1973 in the name of Laury Ford in Appeal No. 1853; and a copy of that decision is enclosed herewith. As you may already be aware, during the early part of 1980, the Board of Appeals prepared a list of variance which were approved during the period January 1971 through August 1979 involving the insufficient area and/or width, or rearranging of lot lines on substandard lots, which did not receive proper formal approvals from the Planning Board. On September 22, 1980 the Planning Board formally passed a resolution "grandfathering" these matters having the same force and effect as if same had been processed and approved by the Planning Board in accordance with the Code. A copy of same is also enclosed. All of the above has been brought to the attention of the Building Inspector and the Planning Board; and we would suggest that you apply for Certificates of Occupancy for each vacant lot. Applications form are submitted herewith. Page 2 Stephen F. Griffing, Jr., Esq. Re: Appeal Nos. 2755 and 2756 - Thurber If you have any questions concerning this matter, please do not hesitate to call our office or that of the Building Inspector {George Fisher) at 765-1802. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN By: Linda Kowalski Secretary CG:lk Enclosures cc: Mr. George H. Fisher Senior Building Inspector TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1853 Dated I~OV~tb~r 2, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Imury Ford 243 West~ End Avenue New Yorkv lq. Y. at a meeting of the Zoning Board of Appeals on ~OV&~lb~r 2~), 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 (X) Request for a variance to the Zoning Ordinance ( ) 1973 DATE }~V .... 2.9, 1973 Appellant the appeal 1. SPECIAL EXCEPTION. 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 8115 P.bl. (E.$.T.), upon application of Laury Ford, 243 Weak En~ Avenue, New York, for a variance in accordance with the Zoning 0rdinanae, Ar~/ola III, Seokion 100-31 and Bulk Schedule for I~rmisaion to divide loc with l~ss khan re~lired side o~ Wesphalie Road, P~ktituck, bounded north by Hatt~tuck C~eekl eask by Jo P. tko~kl! south by Private Road! wes~ by Robert J. Munch. Fee pa~d $L5.00. 2. VARIANCE. By resolution of the Board ~.t was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (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 REVER~I~ (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERS~ and therefore, it was further determined that the requested variance ( ) be granted ( that the previous deeisions o! the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 ZONING BOARD OF APPEALS MarJoris HcDermott, Secretary A£t~r investigation and inspeotion the Board finds that applicant requests ~tssion to divide lot w~ less ~ r~~ w~dth ~d ~ea ~ Priva~ Roa~ o~ east 8~do of Wes~hal~a ~d, ~ttituck. T~ ~a fi~n ~t The Board ~[:~nds that strict applioat£on of the Ordinance would produoe practical difficult/es or unneoossary hardshipp the hardolLtp created is unique and would not be shared by all properties alike in the hm~adiate vicinity of ~his property and in the same use distrlctt and the variance will not ohange tho charactor of the neighborhood, and will observe the spirit of the Ordinance. TLUhoJFFORE IT WAS RESOLVED, Laury Ford, 243 West End Avenue, Hew York, bo GRAFrBD ~truission to divide lot with less 'th~n requ£red wiath an~ a~ea ~ P=ivate Road off east side o£ Westphalia~Road~ f~attituck, a~ applied for. Vote o£ the Board~ Ayes~-'M~ssrst G}~llllspie, ~ergen, Hulse, ~ew York State Department of Environmental Conservation Bldg. 40, SUNY - Room 219 Stony Brook, NY 11794 (516) 751-7900 DeCember 31, 1979 Commi s s ioner ROBERT F. FLACKE Kenneth W. Thurber Box 398, Jacobs Lane Wading P~iver, NY 11792 Re: 1~W15272-0092~ Gerald F; Ford Dear Sir: Your recent request to extend ~e above permit has been reviewed pursuant to 6 NYCRRPart 661. It has been determined that the pertinent nature of man made conditions which exist at and adjacent to site at the time that such permit was issued have not substantially changed and the site is still suitable for permitted activities. ~ '%~ Therefore, ~e ~xpiration date is extended to 12/31/80 ~-" This letter is an .mnenda~t to the orlgznal permmt, s such, s~ld be attached thereto. ~1 of the conditions still rema~ as orig~ally~itten ~ ~e permit. Very truly yes,rs, DJL/cr cc: L-nw }lnforc~nt DANIEL J. IARKIN, P.E. Regional Permit Administrator NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 15272-0092 UNDER THE ENVIRONMENTAL CONS££VATION LAW  ARTICLE 15, (Protection of Water) ~ ARTICLE 25, (TidaIWetiands) ARTICLE 24, (Freshwaler Wetlands) ARTICLE 36, (Conslruction in Flood Hazard Areas) ~ PE~,~T ~SSUE~ TO Gerald F. Ford (by: Kenneth W. Th~ber, Wading ~ver, NY 11792) ' ADO~[S~ OF PENMITIEE 243 West End Avenue, New York, NY , lOCAl;ON OF PNO}ECT (Sect~0n 0f slream, IkMI wetland, dam, bui~din8) ~ ..... SOUth side of Darby's Branch of Mattituck Creek ~['5CR;PT~O~ OF PRO~ECT Construct 2 one-f~ily dwellings on parcels off a right-of-way ~eginnin9 100' west of Westphalia Road and extending 260 feet in a northeast direction. ~ COM,%%U,N~TY NA~%E (C~lv, Town, Village) ~ TOWN iCOUNTY Mattituck Southold I FIA COMMUNITY NO. DAM NO. ' /'PERA41T EXPIRATION DATE Suffolk GENERAL'CO i. T~,e permittee shall file in lhe office of the appropriate Regional Pern;i~ Administrator, a notice of intenlion to Commence work at least 48 h,)urs in advar, ce of ~he linde o1' commencemenl and shall also notify him p;oir, p:iy ir, v.';il]ng of :he C9;npletion of the work. · 7 The permiHed wo~k shall be subjecl Io inspeclion by an aulhorized'. ~epn'su~.:.,i~ve of ;he Dei;arhnenl of Environmenlal Conservation who may urdvr ;he wo~k ~u~;,uaded if ~he public intemsl so requires. 3. As a condiJion'of lh(~is's~[~b'~f'~his permil, lhe applicanl has ac- ~,'ph,d expressly, bylhe execulion el lhe applicalion, Ihe full legal respon- ~ibJ[i:y fur all damages, direcl or indirecl, of whatever nalure, and by whom. ever ~,uffered, arising Oul of lhe projecl described herein and has agreed indeninify and save harmless Ihe Stale from sells, aciions, damages and cosls of every name and descriplion resullin~ from Ihe said projecl. 4. Any material dredged in Ihe prosecution of the work herein permitted shah be removed evenly, will,eel leaving large refuse piles, ridges across the bed of ;he wa;erway or flood plain or deep holes thal may have a tendency to cause injury lO navigable char, nels or Io Ihe banks of lhe waterway. 5. An~ ma;e~al ~o be deposited or dumped unde~ ii]is permit, either in Iff,, w.ile; .~;), or On sho~e above high-waler mark, shall be deposiled or dumped ai ;f,t ~calily shown on lhe drawing hereto allached, and, if so prescribed lhe[eo~ w~lhjn o~ behind a goad and subslnnlial bulkhead or bulkheads, such as wLil prevent escape of ;he material into the waterway. 6. TI;ere shall be no unreasonable interference with navigation by the work herein aulhorized. 7. That if fulure operations by the State of New York require an alteration in lhe position of ]he slructure or work herein aulhoHzed, or if, in Ihe opinion of ~he De;)art,;~eat of Environmental Conservation il shall cause unreasonable ,.,bstruc1~on ~o the flee navigation of said waters or flood flows or endanger the heal;n, safely o¢ welfare of the people of the Slale, or loss or destruclion of ~l;e ualural ¢esou¢ces o¢ [he State, Jl~e owne~ may he ordered by the Depart. Javnt ~o for. love or aller the sl~lit'lural work, uhsiruclions, or hazards.caused ihureby wdhout expense to the St,~te; ,~nd if, u~)on lhe expiraiion or revocalion .,~ this permiI, the s[ruc[d~e, fill, ,,xcavalinn, or other modification of the w.dc~t'oufse J;t. rc~y ad~hofizcd SlhiJJ f~Ol be comi)Ie~ed~ Ihe owners shall, ,,,~;l.~mt exl;e;;se 1o t~,c SI.lie, and Io such extent and i~ such lime and manner ,~s [he .bep,wJmer.: ,)f [~ivia)a,nenlaJ Conservation flhly require, remove all or ,;;ly ho;lion of I:;e uncomi)Jetvd s~ructure or fill and res:ore lo ils former c,)ndhion ;b,. ~,.,vig,;ble and (luod cap~ci~y of ~he walercourse. No claim shall be m,~de agains~ {he Sla~e of N~w York on account of any such removal or a;tera;~on. NDITIONS 8. Thai lhe Slate of New York shall in no case be liable for any damag or injury to the structure or work herein authorized which may be caused by ~ result from future operations undertaken by the State for the conservation c, improvement of navigation, or for other purposes, and no c:aim or right t, compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorize is not otherwise provided for by law, such lights and signals as may be pre scribed by the Uniled Slates Coast Guard shall be installed and maintaine, by and at the expense of the owner. 10. All work c~rried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the righ. 95-20-4 1o reconsider this approval at any time and afler due notice and hearing continue, rescind or modifylhis permit in such a manner as ma), be found tc be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, lhe applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore Ihe site to its former condition. No claim shall be made against the State of Ney, York on account of any such removal or alteration. 12. This permit shall not'be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as auU'.orizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to tile permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for ~his project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas hav;ng Special Hazards - Building Permits) and in no way signifies that the project wilt be free from flooding. 15. By acceptance of this permit the permittee a~;rees that the p,:rmit is contingent .pon strict compliance wi~h the special conditions on the reverse side. (SEE REVERSE :K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 October 6, 1980 TELEPHONE (516) 765-1801 TO' Southold Town Zoning Board of Appeals From- Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal Na 275~ application of Kenneth & Doris~ .~for a variance. Also included are notification to adjoining property owners as follows: Mrs. Georgette Thurber, Jacobs Lane, Wading River, N.Y. 11792 Mr. & Mrs. Robert A. Hawkins, R.R. 1, Box 180, Mattituck, N.Y. 11952; Mr. & Mrs. Rupert J. Munch, 39 Clarendon Road, Savannah, Georgia 31410. JTT/bn Enclosures judith T. Terry Town Clerk ,?£C:^L CONDITIONS 16. Cesspools' must be at least 100' from line of MHW. 17. Westerly home is to be located 80',south of line of MHW. 18. Easterly home is to be located 90' south of line of MHW. 19. There is to be no alteration to fringing marsh. DATE I PIER,~. NISTRAI'O°~'~ ~ ADDRESS O~ Environmental Conservation 50 Wolf Road, Albany, New York 12233 July 28, 1977 Peter A. A. Bede, Commissioner Kenneth W. Thurber Wading River, NY 11792 RE: Permit No. 15272-0092 TW for Gerald F. Ford Dear Mr. Thurber: Notice of a public hearing on the above permit was duly published, in accordance witk Article 25 of the Enviror~ental Conservation Law and, having received no objections from this Department or elsewhere, the sckeduled hearing was cancelled. Enclosed is your permit. Please read all conditions carefully, with particular attentiOn to Condition No. 2. If ~u are unable to comply with any conditions, please contact the Local Tidal Wetlands Permit Administrator i~ediately. He is Daniel Larkin and may be reached at our Stony Brook Regional Office, SU~Y at Stony Brook, Building 40; telephone 751-7900. Also enclosed is a permit sign %~ich you are to conspicuously post at the project site, protected from the %~eather. Very ~uly yours, Louis M. ~oncra, Jr. Cheez ~Perml~ ndmln~s~ra or ~ Stanford iJ. Assistant Chief Permit Administrator SJz:scs Encl. cc: D. Larkin v TOWN OF SOUTHOLD O~ SHORT IRONMENTAL ASSESSMENT F INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer' wiiI use currentIy avaiiabie information concerning the project and the IikeIy impacts of the action. It is not expected that additionai studies, research, or other investigations wiiI be undertaken. (b) If any.question has been answered Yes the project may be significant and a compIeted Environmentai Assessment Form is necessary. (c)' If aiI questions have'been answered No it is IikeIy that this project is not significant. (d) .Environmental Assessment ~. 'Will project result--in a 'large physical change to the project'site or physically alter more than 10 acres of land? ........................ , 2. Will there be a major change to any unique or 10. 11. 12. 13. 14. Yes× No 15. Is there public con/~eFsy~cerning the · pro)ect?.. ~:' '.~"~'~5~' ': ......... i REPRESENTING Kenneth A. Th~~s M.. ~~-, 9 29/8O -.unusual land form found on the site? .........., ,.Yesx, No Will project alter or have o large effect on existing body Of water?..;.. Yes x No Will project have a potentially large impact . on groundwater quality?...~ ...................: Yes x 'No Will project significantly effect drainage flow on adjacent sites?,: ...................... ,,_,,Yesx,_. NQ Will project affect any threatened or endangered plant or animal species? ' . yes_X.~No Will project resull in .a major adverse effect on air quality? ................................ YesX. ,.N° Will project have o mojar effect on visual character of the community or scenic views or x vistas known' to. be important to'the community?, Yes. . ,N° Will. project adversely impac~ any site or structure'of historic, prehistoric or paleontological importance or any site designated as a critical environme6tal area by a local agency? ..... -,~ ..... ~:-,i'~-v'-'~'-'~",-'-~.. YesX No Will project have a major effect on existing Yesx No or future recreational opportunities? ......... ~ ., Will project result in major traffic problems or cause o major effect to existing transportatiOn systems? ....................... 'Yesx. . .N° Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's y x N operation? ..................................... , ~ es: o Will.project have any impact on public health or safety? .................................. YesX No ity by' Will project affect the existing c~mm~ ...... directly causing a growth in permanent population of more than 5 percent over a one year period or have a ma)or negative effect on the choro~-{'er of the community or x neighborhood? ' . ..................... .. ~Yes __N° Yes x No (Today' s bate) To: Re: Southold ToWn Board of'Appeals Main Road Southold, NY 11971 w_/~/~ Appeal Application of /~~/~ , ~---~ / Locatiq~9_of Pro~rt~:~~,~' /~~j ~/ ~/~.~/~ 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 yery 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 lo'cated 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. ~ ~ ~ ~c-~ Is not located within 300 feet of tidal wetlands to 'the best of my' knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.C.D.E.C.] Sincerely yours, Stephen .F. Griffing, Jr. SFG: cg Enc. Planning Board -15- September 22, 1980 E. Whether the proposed set-off will require the extension of municipal facilities or services. Whether the proposed set-off will be in harmony with the future growth and development of the town. Whether adequate means of access and off-street parking are provided. H. Whether the proposed set-off will adversely affect the present or future uses of neighboring lands. If the Planning Board grants approval to Set-off a lot as here- inbefore provided, it may impose such Conditions as it deems necessary or appropriate. II. By amending said Chapter Al06 by adding a new Section thereto, to be Section A106-53 to read as follows: Section A106-53 Approval of' Board of Appeals Actions Heretofore and between the period from January l, 1971 and September 5, 1979, the Board of Appeals made certain determinations on appeals to it involving area variances and/or · the relocation of lot lines and/or the set-off of lots, all of such determinations being set forth on a schedule caused to be compiled by the Planning Board. Many of the Board of Appeals determinations on said schedule may have required approval by the Planning Board. However, due to misunderstanding, inadvertance or oversight, the ownez, s of the lands involved did not thereafter apply to the Planning Board for its approval. In the intervening time, many of the lands involved in such Board of Appeals' determinations have been sold, and/or built upon in reliance upon the Board of Appeals' determinations and the subsequent issuance of building peNnits and/or certificates of occupancy. The Planning Board ha~ reviewed all of the determinations set forth on the aforesaid schedule. In view of the foregoing, the Planning Board (and the town board as evidenced by its approval of this amendment) determines that an extreme hardship would be caused if such owners were, at this time, required to obtain approvals from the Planning Board. Accordingly, it is hereby.determined that any Planning Board approvals thatmay have been required with respect to the Board of Appeals determinations set forth on said Schedule are hereby deemed to have been granted with the same force and effect as if the same had been.submitted to and approved by the Planning Board in accordance with the applicable laws and regulations. It is further determined that said Schedule shall be endorsed by the Chairman of the Planning Board and filed in the Town Clerk's Office simultaneously with the effective date of this amendment. Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham The resolution will be presented to the Town Board at its meeting on September 23, 1980 for its action. Page 4 of 12 LIST OF ACTIONS TAKEN BETWEEN JANUARY 1971 and SEPTEMBER 5, 1979 INVOLVING AREA AND/OR WIDTIt VARIANCES (ALSO REFERRED TO AS VARIANCES FOR "CHANGE OF LOT LINES" or "REARRANGING LOT LINES"): Appeal Date No. Granted Appl icant (s) 1851 1852 11/1/73 DEFRIEST, DAVID 11/29/73 BOURGUIGNON, WILLIAM 1853 11/29/73 FORD, LAURy ~ 1855 1'2/20/73 1858 12/20/73 1859 12/20/73 1861 12/20/73 GARREN, STANLEY CHRISTIANSEN, CHARLES & MARGARET KRULL, CHARLES & ROSEMARY PISACANO, GASPER 1863 1864 12/20/73 MANN, JOAN & RUSSELL 1/10/74 GOEHRiNGER, GERARD ~roperty..Location W/s Horton Lane, Sthld. Plo% L, Shore Acres, North Drive, Matt. Private Road off Westphalia Road, Mattituck Nakomis Road, Southold S/S Pine Neck Road, Sthld. R,O-W off S/s King St,' Orient Cedar Beach & Paradise Point Roads, Southold Oakwood Dr. & Christopher St, Sld. Sigsbee Road, Lots 46 & 47, Mattituck Park Properties, Matt. 1870 1874 1875 1880 1882 1883 1884 1885 1896 1897 1809 1905 1907 1912 2/7/74 2/28/74 2/28/74 2/28/74 3/28/74 3/28/74 4/11/74 4/11/74 5/2/74 5/2/74 O'CONNELL, DANIEL J. & MARGARET S/s Park Avenue, Mattituck WOOLFE,'RAyMOND & RUTH N/s Whistler Ave, Fishers Island WERBER, ANN Private Road at s/s Indian Neck Lane, Peconic E/s West Mill Road, Mattituck Bray Ave. & Albo Drive, Laurel W/s Cedar Drive, Southold WOLBERT, HOWARD L. FLISS, STANLEY AHLERS, GEORGE WHEELER, MARY E. & LINDA. J. PISACANO, GASPER MOSBACK, LUCILLE MATHER, EMILY R. 7/1/74 as amended 5/23/74 &/DALCHET CORP. 5/23/74 5/23/74 5/23/74 E/s Boisseau Ave, Southold Cedar Beach & Paradise Point Roads, Southold S/s Main Road, East Marion Matt. Heights Subd. Lots 53, 43, 44, 76, 77. Bayer Road & Grand Avenue,Matt. S~s Main Road, Cutchogue FROSINA, JOHN & KATHERINE S/s Jockey Creek Dr, Sthld. cApELLUTO, JOHN & MARY North Sea Drive to Soundview Ave, Sthld. STEFANINI, TONY E/s Equestrian Ave, Fishers Isl. ~_~ ~L~¥ PROPERTIES INC~ Main Rd. & Love La, Matt. TO HENRY E. RAYNOR. Sr., Chairm~ FREDERICK E. GORDON ~IAME,S WALL BENNETT ORLOWSKI, Jr, GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 October 22, 1980 TELEPHONE 765-1938 Stephen F. Griffing, Jr., Esq. 120 Court Street, P. O. Box 982 Riverhead, New York llg01 Re: Thurber Dear Mr. Griffing: It has come to my attention that the matter referred to was granted a variance by the Zoning Board of Appeals under Appeal #1853 dated November 29, 1973 in the name of Laury Ford. As such it is covered under an amendment to the Land Subdivision Regulations of the Town of Southold lmown as Section A106-53 Approval of Board of Appeals Actions. This amendment grants approval to all Board of Appeals actions that took place in the period from January l, 1971 and September 5, 1979. If you have any questions on same please call the office. Yours truly, HENRY E. ~YNOR, JR., CHAIRMAN SOUTHOLD TO~.~ PLANNING BOARD By Muriel. Tolman, Secretary Copy to Zoning Board of Appeals~ Building Department P. S. I am returning your ~50 check. OWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~..~Z DATE .... ~. ~./~./~.. .... THURBER, Name of Appellant his wife, Street and Number Wading River Municipality ...,Z~,. .... .]:.~,7.,9,,,2. ........ HEREBY APPEAL TO 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 ( ) ( ) (x) Name of Applicant for permit of NO # Jacobs Lane, Wading River, NY 11792 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Building Permit 1. LOCATION OF THE PROPERTY ..~./..s.....~...~.h..t.~...~..~...~.~a~;.~..~../~.~...~..e'.s..t.?'.~..a.~.a'~ ........ .A..~.R..e..s..i..d..e. ntial & Street Use District on Zoning Mop Agricult- 1000/114/7/2.1 & 2.2 ural 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 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal L~lfa~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal 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 the Zoning Ordinance (x) is requested for the reason that lot requires area and width variances & permission to build on private road : ':" Form ZB1 (Continue on other side) REASON FOR APPEAL ~.:'. Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneceso sory HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because adjoining lots are of similar size to those for which variances are sought. THE STATE OF NEW YORK ) . ) ss Sworn to this '~' day of ..... Notary Public ELIZABETH ANN NEVILLE HOTARY PUBLIC.State of New York No 52-8]25850. Suffolk Cou[:P~ '[err~ Expires March 30, 19.-~~'- BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition Of KENNETH A. THURBER & DORIS M. THURBER, his wife to the Board of Appeals of the Town of Southold TO: 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) (Special Exception) (Special Permit) (the following relief: Area & Width Variance & permission to build on p~ivate road 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: N x Mattituck Creek,. E x land of Georgette Thurber, S x p~ivate right of way and land of Robert A. Hawkins, and W x land of Rupert Munch & wife 3. Thatthep!op~rt~ whichisthesubject ofsuch Petitionislocatedinthefollowingzoning district: A - Resiaentia~ and Agricultural 4. That by suchPetition, the undersigned wilirequestthefollowingrelief: as set forth in Paraqraph 1 above 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article TTT 100-31 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 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. .~O~~~ / M~~&~ Dated'' OCtober 1' 1980 ' ' Pit THURBE~ his wife, Dy Stephen F./~i~ing, Jr., Esq. Post Office Address 120 Court Street, P. O. Box 982 River~ea~, NY 11901 (516)i 727-1660 PROOF OF MAILING OF NOTICE NAME ADDRESS Mrs. Georgette Thurber Mr. & Mrs. Robert A. Hawkins Mr. & Mrs. Rupert J. Munch Jacobs Lane, Wading River, NY 117.92 R. R. 1, Box 180, Mattituck, NY 11952 39 Clarendon Road, Savannah, Georgia 31410 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: CYNTHIA GANNON , residing at 23 Adams Avenue, Miller Place, NY 11764 , being duly sWorn, deposes and says that on the 1st day of October ,19 80 , deponent mailed a true copy of the NotiCe set forth on the re- verse sidle 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- ; that said Notices were mailed to each of said persons by Notary Public B'I'EPRER I~. GRfFFfN~, JR, PUBLIC, State of N~w Yodl No,, 52-1574750 ~ in Suffolk County IIh)mmiellOll Expire~ March 30, 1~,~/ STEPHEN F. GRLF2-1NG. JR. ATTORNK'Y AND ~O~N~.LOR AT ~W 120 ~O~ ~T~T P, O. ~X 082 ~D, L. L, ~W YORK 11901 ~16 . T2T-1860 Ms. Linda Kowalski, Secretary Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Main Road, State Road 25 Southold, NY 11971 Re: THURBER, Kenneth & Doris, Appeal #2756 THURBER, Georgette, Appeal ~2755 Dear Linda: In accordance with your letter of October 7, 1980 with regard the above, enclosed please find corrected Appeal Applications and NYS Department of Environmental Conservation Permit. If there is anythingfurther you require, please call my office. SFG: cg Enc s. Very truly yours, Southold Town Board of Appeals MAIN ROAD- STATE ROAD ;?,5 SOUTHOLD, L.I., N.Y. 11¢J'71 TELEPHONE (,516) 76,5-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sawicki October 7, 1980 Stephen F. Griffing, Jr., Esq. 120 Court Street, P.O. Box 982 Riverhead, NY 11901 Re: Appeal No. 2755 - Georgette Thurber Variance Application Appeal No. 2756 - Kenneth & Doris Thurber Variance Application Location of Property: Northwest Side of .Pr~v.ate~Road #22 off Westphalia Road, Mattituck. 1000-114-7-2.1 and 2.2 Dear Mr. Griffing: With reference to the above appeal applications filed by you yesterday, please be advised: (a) The appeal applications are being returned in order that you may complete paragraphs 2, 3 and 4 on the front and paragraphs 1 and 2 on the reverse. (b) Letter concerning tidal wetlands in order that the appropriate box may be checked~and signed. (c) Pursuant to Part 661.6(a)(b) of the N.Y.S. Tidal Wetlands Land Use Regulations, it appears that this project will fall within the jurisdiction of the N.Y.S. Department of Environmental Conservation and will require clearance w. ith their agency before this matter may be scheduled for public hea~i.ng. If you'have any questions concerning these applications, please do not hesitate to call our office, 765-1809 (Linda). Thank you for your cooperation. Sincerely yours, Enclosures Linda ?Kowal ski ,'-Se. cretary For Charles Grigonis, Chairman " 9 2.8 A(c) A(c) · - 'TOWN OF SOUTHOI .. [UNDERWATER LAND) UNALt?HORIZED ALTERATION OII ADDITIO~ TO THIS SURVEY IS A VIOLkTION OF SECTION 7209 OF THE NEW YORK STATE EDUCATIOH LAW. COPIES OF '[J-ElS SURVEY M,~P NOT B~ARING THE LAb'D .~,U~:V~O,~'$ INK. D SEAL OR E/RBOSSED SEAL ZHALL N:~T BE CONSID[I~E9 GUARANT3i:~ h"4.. PAIL& HLP~O:.~ SHALL RUN TITLE COM~A~, ,~C)Y~;~N%AL A~Y AND