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Home My WebLink About2756 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. c:~ 7..~'~/ .... .... THURBER, Nome of Appellant his wife, Street and Number Wading River NY 11792 ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .o ..................................... ........ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) KENNETH A. THURBER & DORIS M. THURBER, his wife 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 ..~N../..s.~...~.~..g..h..t..~..f...~w.~a~y.:~...E/..~.w~.e..s~.t~P~.h.~a.~.~i~a~.R~.~.~ ........ .A..~.R..e..s..i..d..e. ntial & Street Use District on Zoning Mop Agricult- ural 1000/114/7/2.1 & 2.2 Ivtop 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 Do not quote the Ordinance.)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 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 Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~o~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for o special permit ( ) request for o variance and was mode 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 APPEA!L~ ~. Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because title to this property was divided at time of purchase from Gerald and Laury Ford on September 29, 1977, the westerly portion being owned by Georgette Thurber, and the easterly portion by Kenneth A. Thurber and 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 all properties alike in the immediate viclni~ of this property and in this use district because the properties in the immediate areas bare 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 ) ) ss COUNTY OF SUFFOLK ~.--~ FOR KENNETH A. Sworn to this .... .~.~..~ ..................................... day of ..... ..O..c. tober otary Publi ELIZABETH ANN NEVILLE -' NOTARY PUBLIC.State of New York : No 5:;?-8]25850, Suffolk Coup~ 'b~n~ Expires March 38, Ig.d~ Southold Town Bo. ard of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sawick~ 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 275.6 - 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 76§-1802. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN By: Linda Kowalski Secretary CG:lk Enclosures cc: Mr. George H. Fisher Senior Building Inspector Tho Board ~e ~dm~p crea~ p~o~ties al~ ~ ~ ~iate Vio~lty o~ ~i. p~ty and ~ t~ m~ u~ diotrict~ ~ ~ var~e will not o~ge the c~acter ol ~ neig~r~, ~ will ~~e t~ sp~it of the ~d~anoe. TI~iREFORE XT WAS RESOLVED, Laury Ford, 243 West End Avenue, New York, be GRANTED pe~isslOn t~ divide lot with lees 'than required width and e~ea on P=ivate Road off last Bide 0£ Westphalis~Road~ Nattituok, aB applied for. ; Vote of tho Boardt Ayes:-' MeBSrat GHllliapie, ~ergen, Hulse, G~igonie. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE 'ZONI,NG BOARD OF APPEALS Appeal No. 1853 Dated ~IOV~tb~r 2 ~ 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To 243 We~tEndAvenue Ne~ York~ N. Y. at a meetin~ of the Zoning Board of Appeals on I~OV~ilb~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 (~) Request for a variance to the Zoning Ordinance 1973 ( ) Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because ~115 P.H. (E.S.T.)~ upon application of L~ury io~l, 243 West End Avenue, New York, for a va~i&nce h acoordance with the Zoning Ordinanae, A~tJ. cle l'tlw kotion 100-3! and BuLk Sohedule fo~ pez'attssion t.~ divide lot with l~ss than re~ired width and ilex'ea. Lo~ation of property: Private road off east side of Wesphalia Road, Mattituck, bounded north by Matt/tuck Creek~ east~ by J. Rako~kii south by Private Road~ wes~ by Robert J. Munch. Fie paid $L5.00. 2. VARIANCE. By resolution of the Board it 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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE ~.EVERS~ and therefore, it was further determined that the requested variance that the previous decisions of the Building Inspector ( ) be confirmed ( ( ) be granted ( ) be reversed. ) be denied and FORM ZB4 ZONING BOARD OF APPEALS ~ar~orie McDermott, O FORM NO. 3 TOWN OF SOUTHOLD BUILDING:DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ........................~...:~ ..................................... Date ........................................................ PI_EASE TAKE NOTICE that your application dated .................................................... , for permit to c~4~ct-~. ...................................... at the premises located ~t .................................... ~[~. ~lb~ ~rt'AT~ ~A~ ~A ~ Street Map ....................................Block ......................................... ~) Lot ................................................ is returned herewith and disapproved on the foll~.~ng grounds ....~/...~.~..~.. ..... ..-~.../-..~..~(.~!..~/....~-.. .... ..~..~.A..?..4~_~ ~.C ...... L~.~ A ....... ~.~ Z~. .... t.~.~..~.~..Ce. Le~.~ ~ ......... ~.'~ ~.~ ........ h.~A .... : .... ~.L~.'.~t~ ....... ....... .......... ....... Building Inspector Planning Board -15- Septe~er 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. Wh~ther 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 Pl~lning 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 owners 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 permits end/or certificates of occupancY. The Planning Board has 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 that may 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 WIDTH VARIANCES (ALSO REFERRED TO AS VARIANCES FOR "CHANGE OF LOT LINES" or "REARRANGING LOT LINES"): Appeal Date No. Granted 1851 1852 ~1853. 1855 1858 1859 1861 1863. 1864 1870 1874 1875 1880 1882 1883 1884 1885 1896 1897 1809 1905 1907 1912 Applicant (s) ~.r0p.erty Location 11/1/73 DEFRIEST, DAVID 11/29/73 BOURGUIGNON, WILLIAM 11/29/73 FORD, LAURY 12/20/73 12/20/73 12/20/73 12/20/73 GARREN, STANLEY CHRISTIANSEN, CHARLES & MARGARET KRULL, CHARLES & .ROSEMARY PISACANO, GASPER 12/20/73 MANN, JOAN & RUSSELL 1/10/74 GOEHRINGER, GERARD 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. 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 WOLBERT, HOWARD L. FLISS, STANLEY AHLERS, GEORGE WHEELER, MARY E. & LINDAJ. PISACANO, GASPER 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 E/s Boisseau Ave, Southold MOSBACK, LUCILLE MATHER, EMILY R. 7/1/74 as amended 5/23/74 &/DALCHET CORP. 5/23/74 5/23/74 5/23/74 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. M m wmT.~mv P~PR~TR~ INC. Main Rd. & Love La, ~tt~ TO ,D HENRY E. RAYNOR. Jr.. Chairma~ FREDERICK E, GORDON JAMES WALL BENNETT ORLOWSKI, ;Ir. GEORGE RITCHIE LATHAM. Jr. Southold, N.Y. 11971 October 22, 1980 TELEPHONE 765-19~ Stephen F. Griffing, Jr., Esq. 120 Court Street, P. O. Box 982 Riverhead, New York ll901 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 To~n of Southold known 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. RAYNOR, 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. 19 October 1980 To: Board of Appeals' Town of Southold From: R. Taylor, A. & J. Ratti· R. & M. Hawkins Re: Petition of Georgette Thurber. We state our firmobjeqtign to the granting of the varian ce petitioned by Georgette Thurber. The petition seeks an area and width variance and permission to build on our private road. We base this objection on concerns about: the negative effect on the ecology of the area in the event that two houses be built on the property in question. Department of Health regulations in regard to sewage and water table~ regulations intended to safeguard the environment and residents from ecological damagem are likel~y to be challenged. 2. the unpaved private single lane road would become overu~ilized and potentially hazardous. the Southold town regulation forbidding building houses on parcels of less than an acre assures thatthe natural aesthetic of hhe land be maintained. The erection of two houses and parking facilities on this shallow property would negatively affect the natural beauty of the area. Signed: Rebecca Taylor: Albert Rmtti: Janice Ratti: Robert Hawkins: Mary Hawkins: New York State Departmen vironmental 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 River, NY 11792 Re: TW15272-0092~ Gerald Fi 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, the expiration date is extended to ~;~ 12/31/80 This letter is an ;mmendment to the original permit,~'and as 'such, should be attached thereto. \~.~ ' All of the conditions still remain as originally written in the permit. Very truly yours, n'~/cr cc: I~_--lw Enforcen~nt DANIEL J. ]~ARKIN, P.E. Regional Pe~]nit Administrator ( l.' NE TATE DEPARTMENT OF ENVIRONMENTAL CONS N PER[' JT I 15272-0092 TW ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PFRMIT ISSUEp TO ' Gerald F. Ford (by: Kenneth W. Thurber, Wading River, NY 11792) ADDRESS OF PERMITTEE 243 West End Avenue, New York, NY LOCAIlON OF PROJECT (Section of slream, lidal wetland, dam, building) south side. of Darby's Branch of Mattituck Creek i~ESCRJ?TION OF PROJECT Construct 2 one-family dwellings on parcels off a right-of-way beginning 100' west of Westphalia Road and extending~ 260 feet in a northeast direction, COMMUNITY NAME (City, ToWn, Village) Mattituck JTOWN Southold COUNTY J FIA COMMUNITY NO. DAM NO. I Suffolk ,~IT EXPIRATION DATE GENERAL ' CON DITI ONS 1. Tl~e permillee shall file in the office uf Ihe appropriate Regional Perrail Administrator, a notice of inlenlion to commence work at least 48 hours in advance of the lime of commencemenl and shall also notify him promptly in wriling of the completion of the work. , .~.~';:~ 'J'he permilted work shall be subject Io inspeclion by an authorized ~%: repr(.senlaiive of the Departmenl of [nvironmenlal Conservation who may ordur the work ~nspended if lhe public inleresl so requires. ..~=..,/ 3. As a coni:liJi°n"~f~'trh~"-]'S~s'l]~nc'~ of thi'~' Permit, Ihe applicant has ac- CcHJed expressly, by lhe execulion of lhe applicalion, Ihe full legal respon- sibility fur all damages, direcl or indirecl, of whatever nature, and by whom- ever suffered, arising out of Ihe project described herein and has agreed IO indemnify and save harmless Ihe Slale from suils, actions, damages and costs of every name and description resulting from Ihe said project. 4. Any material dredged in Ihe prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across lhe bed of ;he wa;erway or flood plain or deep holes that may have a lendency to cause injury Io navigable channels or Io the banks of Ihe waterway. 5. Any malerial to be deposited or dumped under this permil, either in the waterway or on sho~e above high-waler mark, shall be deposiled or dumped al the locality shown on lhe drawing herelo allached, and, if so prescribed lhereon, within or oehind a good and subslanlial bulkhead or bulkheads, such as will prevem escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by Ihe work herein aulhorized. 7. That if future operations by the State of New York require an alteralion in Ihe posilion of the slructure or work herein authorized, or if, in Ihe opinion of the. Departmem of Environmental Conservation il shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger Ihe health, safety or welfare of lhe people of the Slale, or loss or deslruction of :he nalural resources of the State, the owner may be ordered by the Depart- meat to remove or alter the structural work, obstructions, or hazards.caused thereby without expense to tile State; and if, upon the expiration or revocation ,ff Ibis permil, the structure, fill, excavation, or other modification of the w.~,_.~course hereby authorized shall not be completed, tile owners shall, r.,iJhout expense to the Slate, and Io such extent and in such time and manner as the Dep,lrlment of i:~wi~omt~ental Conservation may require, remove all or any portion of Ihe uncompleted structure or fill and restore to its former condition lhe n.wisable and flood capacity of the watercourse. No claim shall be made a~ainst the State of New York on account of any such removal or aheration. 95-20-4 (9/75) 8. That. the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work c~rried out under this permit s'Eall 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 right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the 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 reslore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall riot"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 authorizing the impairment of any ri§hts, title or interest in real or personal property held or vested in a person not a party to the 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 having Special Hood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the ix~rmit is conlint~ent upon strict compliance with the special conditions on the reverse side. (SEE REVERSE SIDE) ]~PF. CIAL CONDITIONS 16. 17. Cesspools' must be at least 100' from line of MHW. Westerly home is to be located 80',south of line of MHW. Easterly home is to be located 90' south of line of MHW. There is to be no alteration tO fringing marsh. Ju:y 28, ~tan~fo~:~ ~/ , [q~,vJ Vork $~a~,e Depart.merit of Environmental Conservation 50 Wolf Road, Albany, New York 12233 Peter A. A. Berle, Commissioner July 28, 1977 Kenneth W. Thurber Wading River, NY 11792 RE: Permit No. 15272-0092 TW for Gerald F. Ford Dear Mr. %~n~rber, Notice of a public hearing on the above permit was duly published, in accordance with Article 25 of the Environmental Conservation Law and, having received no objections from this Department or elsewhere, the scheduled hearing was cancelled. Enclosed is your permit. Please read all conditions carefully, with particular atyention to Condition No. 2. If ~u are unable to comply with any .conditions, please contact the Local Tidal Wetlands Permit Administrator immediately. He is Daniel Larkin and may be reached at our Stony Brook Regional Office, SUNY at Stony Brook, Building 40; telephone 751-7900. Also enclosed is a permit sign which you are to conspicuously post at the project site, protected from the weather. Very ~uly yours, Louis M. Concra, Jr. Chief Permi~ Administrator ~ by: - Stanford.~:..~C_(YlO -- Assistant Chief Permit Administrator SJZ:scs Encl. cc: D. Larkin JUDITH T. TERRY - TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 October 6, 1980 TELEPHONE (516) 765-1801 To' Southold Toqn Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeat~l~ application of fieo~gotto Thhrbor _ for a variance. Also included are notification to adjoining property owners as follows' Mr. & Mrs. Kenneth Thurber, Jacobs Lane, Wading River, N.Y. 11792; Mrs. Rebecca Taylor, 403 East 14th Street,. Apt.7~F, NeW-York, N.Y. 10009; Mr. & Mrs. Robert A. Hawkins, R.R. #1, Box 180, Mattituck, N.Y. 11952; 'Mr. & Mrs. Albert Ratti, 1843 Golden Avenue, Bronx N.Y. 10462' JTT/bn ~ Town Clerk Enclosures O TOWN OF SOUTHOLD O SHORT ENVIRONMENTAL ASSESSMENT FORM 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) Ehv~'ronmental Assessment 1. 'Will project result in a large physical change to the project site or physically alter more than lO acres of land? ........................ Yesx No 2. Will there be a major change to any unique or -.unusual land form found on the site? .......... Yes× No 3. Will project alter or have a large effect on existing body of water? YesX No 4. Will project have a potentially large impact , . on groundwater quality? .... · ................... YesX No 5. Will project significantly effect drainage flow on adjacent sites?.; ...................... YesX~ No. '6. Will project affect any threatened or endangered plant or animal species? ........... ., yesx No 7. Will project result in.a major adverse effect on air quality? ................................ Yesx ..N° 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? .... Yesx Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by o local agency? ............ ~;..-v~.~.v¥.v-...~ Will project have a major effect on existing No Yesx No 10. or future recreational opportunities? ......... .~, Yesx No 11. Will project result in major traffic problems or cause a major effeCt to existing transportation systems? ....................... Yesx, ...N° 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's Yesx No operation? .................................... . 13. Will .project have any impact on public health Yesx No or .safety? ..................................... 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 chara'c'%'er of the community or neighborhood? ................................. Yes×, ~N° 15. I~othe:[; p.u..b,]~.c..c.??tr, ov,~.y.concernlng t.h.e ' p j ............... _ . Yes,X~, No /~epne~ . Gr- ing~sq. ~/ REPRESENTING GEORGETTE THURBER DATE 9/29/80 O (Toda~ ' s~Dafe) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of LocatiQn 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~xisting on the premises.~_~-c~~9--~ ~,~.C ,~ 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.C. D E.C.] t ~Sincerel BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : GEORGETTE THURBER : : 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 Southoid to request a (Variance) (Special Exception) (Special Permit) (the following relief: Area & Width ; variance & permission to build on private road ). ~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: N x Mattituck Creek, W x land of Kenneth ~. Thurber & Doris M. Thurber, his wife, E x lands now or formerly of Rebecca Taylor, S x private road & lands of Robert A. Hawkins & lands of Albert Ratti & Wife 3. Thatthe property whichisthesubject ofsuch Petitionislocatedinthefollowingzoning district: A-Residential & Agricultural 4. That by such Petition, the undersigned willrequ~tthefollowingrelief: As set forth in Paragraph 1 above 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- Article III 100-31 signed are: 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. Dated: October 1, 1980 Griff'n~L Post Office Address 120 Court Street, P. Riverhead, NY 11901 ~.,y Step~ Esq.~ O. BOX 982 (516) 727-1660 L' NAME Mr. & Mrs. Kenneth Thurber Mrs. Rebecca Taylor Mr. & Mrs. Robert A. Hawkins Mr. & Mrs. Albert Ratti PROOF OF MAILING OF NOTICE ADDRESS Jacobs Lane, Wading River, NY 11792 403 East 14th Street, Apt~ 7-F, New York, R. R. 1, Box 180, Mattituck, NY 11952 1843 Colden Avenue, Bronx, NY 10462 10009 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: cYNTHIA GAtCNON ,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 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 Riverhead, NY .... ; that said Notices were mailed to each of said persons by (certified) (mgist~ mail. Sworn to before me this 1St day of//October /'-'%/~~' 19 80,----~, I~OTARY PUBLIC, State of N~ Ho. §2-15747~ ~ Qualified in Suffolk COu~ ~ Cor. mi~o~ E~res ~arch 30~ ~l~ APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sawicki 0 0 Southold Town Board o£Appeals MAIN ROAD- SSTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 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 with their agency before this matter may be scheduled for ~ublic hea~ing. If you'have any questions concerning these applications, please do not hesitate to call our office, 765-1809 (Linda). Thank you for your cooperation. Enclosures Sincerely yours, Linda?Kowalski,.Secretary For Charle?.GrigOfiis, Chairman - t9 - 7~ . · ' SEE SEC. NO. 107 " : - MATCH LIN E . -. .... .- ,..~ :-- ; ':. ~::"-: SEE SEC. NO.. 139 .:, -, .,:. . .~ }. :-:: :, ':' { : .:, '" '..'--} - .~"'..j. - : ',: ':, ,: : i-* · 1 '...: .'. . %8=0, -- . n-o ca '~~* kO ~''Z ' - ~ .... .~ .. - ~. . · . , ~ · ~ .- ~... .-. ...- .... ~