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Home My WebLink About2732 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 April 27, 1982 Gary Flanner Olsen, Esq. Main Road P.O. Box 38 Mattituck, NY 11952 Re: Appeal No. 2732 Charles J. Witherspoon Dear Mr. Olsen: On August 11, 1980 the subject variance was filed and on August 14, 1980 it was the consensus of this board to hold this matter in abeyance pending D.E.C. approval. It is our understanding that on or about October 21, 1981 the application before the D.E.C. lapsed. Please advise whether or not you wish to pursue this matter further or perhaps wish to close this file. Thank you very much for your cooperation. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary 0 ' , O ZONE C ~RIV.kTE )pRIVATE ROADi State of New York DEPARIMENT OF' ENVIRO~ CONSERVATION PUBLIC HEARING NOTICE of Soot okl ' Applicant: Project: CHARLES J. WITHERSPOON, SUNSET LANE, SOUTHOLD, NY 11971 BY: G. F. OLSEN, ESQ., BOX 38, MAIN ROAD, MATrI~3CK, NY 11952 SUBDIVIDE A 58,800~ SQ. FT. LOT INTO ONE RESIDENTIAL LOT OF 40,000 SQ. FT. AND ONE 18,800 SQ. ~T. LOT. 18,800 SQ. FT. LOTTO BE RESTRICTED BY D~CI)VENANTFROMFU~3RE DEVELOPMENT WITHBUIInINGS OR SEPTIC SYST~4S. LOCA~~ST OF HORTONLANE BETWEEN LANDSNOWORFORMERLYBURDS AND OFFENHEISER, TOWN-OF SOUTHOLD, SUFFOLKCOUNTY, NY. Permits :. Hearing: Document Availability: Filing for Party Status: SEQRA Status: TIDAL WETLANDS 15273-0113 An adjudicatory hearinguponthe application will be heldonMAY 1, 1981 AT 10:00 a.m. in the SUFFOLK COUNTY LEGISLATIVE MM~TING ROC~4, COUNTY CENTER, RIVERHEAD, NY 11901 All filed documents are available for inspection at theDepartment of Environmental Conservation, Office of Hearings, Room 213, Bldg. 40, SUNY, STONY BROOK, NY 11794 (Tel. #(516) 751-7900, Ext. 258). All parties desiring to be heard at the hearing, who have not already filed, must file in writingwiththe Office of Hearings on or before -April 27, 1981 a statement containing precise grounds for opposition, support or interest in this Project. Pursuant to Part 617 of the Department's implementing regulations for the state Environmental Quality Review Act ("SEQRA"),ithas been determined that this Project will NOT have a significant effect on the environment. Statutory and Regulatory Provisions: Pursuant to Environmental Conservation Law Article 70 (Unifoz~a Procedures). Article 3, Title 3 (General Functions) applications for the above Permits have been filed under Article 25 (Tidal Wetlands); and pursuant to the Official Codes, Rules and Regulations of the State of New York ("6NYCRR"), Part 621 (uniform Procedures) and Part 661 (Tidal Wetlands- Land Use Regulations). All Parties having an interest in this Project are urged to attend or be represented either individually or collectively at the hearing and to suhnit pertinent testimony and/or exhibits to insure consideration of all positions and issues. The Depaz-~-~nt's Decision will be based solely on the hearing record. The b~aring may be cancelled if tb~ filed objections are withdrawn or resolved. Stony Brook, NY April 9, 1981 A. MARSH~T,'r, IRV]2~ Administrative Law Judge TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 New York State Dept. of Environmental Regulatory Affairs Unit Bldg. 40, SUNY - Room 219 Stony Brook, New York February 26, 1981 Town of Soulhold Att: Mr. David De Ridder, Assoc. Analyst Re: Notice of Complete Ap.p.~ication dated 2/13/81 Charles S. Witherspoon, TW. 15273-0113 Dear Mr. De Ridder: The above application notice was referred to me by the secretary of the Zoning Board of Appeals for the purpose of making comment on preposed division of property. This property is located in the "A" Residential Agricultural District, and the permitted uses are, ~one family dwelling, and commercial agricultural. The present use of property with the eabana is nonconforming since the principal use is not a one family dwelling. * To set off a single lot, with covenants in deed to prohibit use as residential, is contrary to the purpose of the zoning laws, Town of Southold, N. Y. With reference to Chapter 100, Art. I. Sec. 100-10 B & F and Art III. Section 100 - 30A {1). These sections provide for, the assurance of adequate sites for residence; the gradual elimination of nonconforming uses; and the permitted use shall be one family dwelling. To approve the division of the property as presented, in my opinion, would be inconsistant with our-zoning r.egulations. Building & Housing Inspector EFH:JKD 14-12-4 (5180) New~k State Department of Environmental Co'vat(on NOTICE OF COMPLETE APPLICATION HIS IS NOT A PERMIT Supe~-~or, Southold Southold Zonln$ Boa~d of Appeals TO: Applicant Charlem S. Wtt~rspoon Address Sunoet lane ~. SouCbold, Hey York X'~971 Permit(s) applied for: Tidal Wetlands Su[foXk Co, mW Dept. P.E.R.C. Inc. File 2/13/8! Date App. Nos. 15273-Ol13 of Health Project Description Town Soutbold County Suffolk [] and Site Location: Subdivide a 58,000 ~ mq. ft. lot into one remtdenttal lot of 40,000 sq. ft. and one 18,800 sq. ft. lot to b~ comm~mt~d tn dud to p~ohibtt ~xp~msion or con- ~rston of cab~ ~ b~ c~Cr~Cton of restd~ttal or ot~r bd~gs or septic sysco. Project mite aC ~rC~C co~g of Hereon Y~ be~ 1~ n~ or [omrly Burdo ~d Offe~etser, T~ of SouChold, S~folk ~cy, ~ York. PUBLIC COMMENT: Applications may be reviewed at the address listed below and specific comments on the proj- ect, or a request to become a party-in-interest if a public hearing is held, must be submitted in writing to the contact person named below no later than March 11, 1981 (By law, this date must be at least 14 days (30 days for a SPDES Permit) from the date the notice will appear in the Environmental Notice Bulletin.) LEAD AG ENCY: ~PfSDEC SEQR DETERMINATION: (check appropriate box) [] SEQR-1 [] SEQR-2 E~ SEQR-3 [] SEQR-4 [] SEQR-5 CONTACT: Oam£el J. Larkin, P.E. .~S Dept. of gnv. Conservation ~id~. 40, SUNY - ~ 219 Sb:m~ B~ok, New York 11794 510-751-790G Project is not subject to SEQR because it is exempt, excluded, or a Type II action. Project is a Type 1 action; it has been determined that the project (r~l~, will not) (f'_:_'~'? have a significant effect on the environment. A Negative Declaration has been prepared and is on file. Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. A draft environmental impact statement has been prepared on this project and is on file. A final environmental impact- statement has been prepared on this project and is on file. (name, agency, address, telephone number) ,% TO THE This is to advise that your application is complete and a review has commenced. Additional information may be requested from you APPLICANT: at a future date, if deemed necessary in order to process the application. The project has been classified non-minor. Accordingly, a decision will be made within 90 days of the date of this notice. If a public hearing is necessary, you will be notified within 60 days, and the hearing will commence with 90 days of the date of this notice. If a hearing is held, the final decision will be made within 60 days after the hearing is completed. cc: Chief Executive Officer Environmental Notice Bulletin Room 509~ 50 Wolf Road. Albany, N. Y. 12233 File DRA -- REGIONAL APPEALS BOAR D MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. T."~,;';, ;' T~THILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board-ofAppeals MAIN ROAD- -=TATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 21, 1981 Mr. David DeRidder, Assoc. Env. Analyst N.Y.S. Dept. of Environmental Conservation Building 40, S.U.N.Y. Stony Brook, NY 11794 Dear Mr. DeRidder: Several matters before the Board of Zoni.ng Appeals have been held in abeyance, pending application to and approval by your department, and it is requested that you keep us advised regarding SEQRA and other developments concerning these matters: Appeal No. 2677 Applicant Zebroski, Julius Witherspoon, Charles Location of Property James Creek (W/s Old Jule Lane, Mattituck). L.I. Sound (Sunset Lane, Southold). 2740 Carnes, Annette Golden Pipes Cove (1445 Bayshore Road, Greenport). 2724 Prout, Clara by Thomas Reed as agent Jockey Creek (465 Pine Neck Road, Southold). 2766 Dansker, RoSe by Richmond Creek (S/s Wells Road, Gary F. Olsen, Esq. Peconic). 2772 Kontokosta, E.M. Bay (E/s Shipyard Lane, East (a/k/a Shipyard Marion). Lane Associates) by Richard F. Lark, Esq. Mr. David DeRidder, Assoc. Env. Analyst N.Y.S. Dept. of Environmental Conservation January 21, 1981 Page 2 It would also be of great assistance to our depar.tment if copies of all material concerning new construction or subdivi- sions proposed within the Town of-Southold could be forwarded by your office directly to this office, such as "Notices of Complete or Incomplete Application," SEQRA declarations, etc. Thank you very much for your assistance. Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN By Linda F. Kowalski Secretary ~ O October 3, 1980 Mr. Oharles Grigonis Jr., Ohairman Southold Town Board of Appeals Southold,~N. Y. 11971 Dear Mr. Grigonis' Thank you for informing us of the requeSt of Mr. Oharles Witherspoon for the granting of'three variances for his property located on Sunset Path near Norton L~ne, Southold. We, members of the Sunset Xnolls Association, are' opposed to the granting of the variances. The laws whicker, were passed by this town mandating the~width and the area of properties suitable for building - were passed, we are sure, ~!th deliberation and a concern for the community and t~e ,town. We see no reascnlwhy a law, which is on the books, should be changed for profit for one individual. Our property - beach property - which abuts the one in question, is also unique. We the fiove owners, have an agreement set forth in our deed' that nothing will ever be built on this beach. We feel that this will preserve the natural beauty of the environment for all future generations. Although the property to the west is of sub-standard acreage, we do not feel that this is a valid reason to perpetuate the usage of smaller building sites. We hope that you will take these factors into consideration at the hearing of the variances. ~er Alex Lisps Margaret & Thomas Neafsey Janie & Ron,Reeve luJitelSaltup O0,D. D· Ridder N.E. Raynor R. R. Reynolds, P.E. Very truly yours, SUNS~ I~NOIJ~3 ASSOOIATION Dr ~guJite Saltu~ / 2?2~:Jeffers0n Ave~. Franklin Square, L.I. 11010 P1 HENRY E. RAYNOR, Jr..Chairm~ FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, ~. GEORGE RITCHIE LATHAM, Jr. $outhold, N.Y. 11971 August 28, 1980 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning BOard has reviewed your referral in the matter of the Wit~erspoon cabana property. The Board does not feel the property should be divided. The topography doesn't lend itself to a split. There is a question as to the availability of a fresh water supply. By the elevations on the property it is obviously in the flood plain. There is no consideration to a 100 foot setback from the sound. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PIJ~NING BOARD O New York State Depa~ment of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 516-751-7900 Robert F. Flacke Commissioner August 13, 1980 Southold Town Board of Appeals Hain Road - State Road 25 Southold, New York 11971 Attn: Mr. Charles Grigonis, Jr., Chairman Re; "Notice of Complete Application,"Appeal No. 2732 - Application of Charles 3. Witherspoon, Sunset Lane, Southold - Tax Map Item No. 1000-54-4-33 Dear Mr. Grigonis: In response to the above notice please be advised that the subject subdivision requires a State Tidal Wetlands Permit. Further, a variance will also be required from this Department's Tidal Wetlands Land Use Regulations, Part 661'. Specifically, Part 661.6(a)(5)(ii) which requires 40,000 sq. ft. minimum lot area for any principal building not served by a public or community sewage disposal system. Variances are granted according to the regulations, Part 661.13 but the burden of specifying the facts which support the granting of the variance rests with the applicant. These comments are offered as a matter of information and does not necessarily mean we object to the application. An independent review and SEQR determination are made cm these kinds of applications requiring State Wetlands permits unless specifically coordinated' according to SEQR regulations Section 617.7(a) and (d). Sincerely, David De Ridder Associate Env. Analyst DDR:ll cc: D. Larkin APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR. CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals MAIN REiAD-BTATE RDAD 25 BDUTHEILD; L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 August 11, 1980 NOTICE OF COMPLETE APPLICATION To: Re: Suffolk County Health Department Attn: Mr. Royal R. Reynolds, P.E. Public Health Engineer County Center, Riverhead, NY 11901 Appeal No. 2732- Application of Charles J. Witherspoon Location: Sunset Lane, Southold, New. York County Tax Map Item No. 1000-54-4-33 Dear Sirs: This Department has received a complete application regard- ing the above-entitled matter wherein applicant(s) are requesting approval of insufficient area and width, and approval of access, for two proposed parcels as shown on the attached. Pursuant to Section 617.4(c) of the N.Y.S. Environmental Quality Review Act, your comments and recommendations on this proposed project are requested as early as possible. A public hearing on this appeal application is scheduled tentatively for September 4, 1980. We shall interpret a lack of response by September 2, 1980, to mean there is no objection by your agency. Enclosed for your review are copies of the subject applica- tion. For further information, please contact our secretary, Linda Kowalski at (516) 765-1809 or 1802. Sincerely yours, ES GRIGONIS~ JR. ~/~j CHAIRMAN ~ J Enclosures Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (518) 765-180g APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER August 11, 1980 NOTICE OF COMPLETE APPLICATION To: Re: N.Y.S. Department of Environmental Conservation Attn: Mr. David DeRidder S.U.N.Y. - Building 40 Stony Brook, NY 11794 Appeal No. 2732 - Application of Charles J. Witherspoon Location: Sunset Lane, Southold, NY County Tax Map Item No. 1000-54-4-33 Dear Sirs: This Department has received a complete application regard- ing the above-entitled matter wherein applicant(s) are requesting approval of insufficient area and width, and approval of access, for two proposed parcels as shown on the attached. Pursuant to Section 617.4(c) of the N.Y.S. Environmental Quality Review Act, your comments and recommendations on this proposed project are requested as early a~ pgss~ble.. A public hearing on this appeal application is =en=a=~ve±y scheduled for September 4, 1980. We shall interpret a lack of response by September 2, 1980, to mean there is no objection by your agency. Enclosed for your review are copies of the subject applica- tion. For further information, please contact our secretary, Linda Kowalski at (516) 765-1809 or 1802. Sincerely yours, CHARLES GRIGONIS, JR ~'/~' CHAIRMAN ~' ~ Enc lo sure s Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer August 11, 1980 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, NY 11971 Re: Appeal No. 2732 - Application of Charles J. Witherspoon Location of Property: Sunset Lane, Southold, NY County Tax Map Item No. 1000-54-4-33 Dear Henry: The subject variance application requesting approval of insufficient area, width and 280-A access for two proposed parcels has been recently filed with our department. Inasmuch as this is a matter also requiring approval(s) from your Board, we request: (a) whether or not the proposed layout appears to be in accordance with the standards you would be considering; (b) whether or not the subject property is part of a previous subdivision that you are aware of; (c) that you submit your comments as early as possible. Sincerely yours, CG:lk EnClosure CHARLES GRI~IS, CHAIRMAN JR. I I I I -631CE or :~t PUBLIC HEARINGS Pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals of the Town of Southold, at Town Hall, Main Road, Southoid, New York, on Thursday, August 28, 1980: 7:35 p.m. Application of Harry O. Hurlburt. Jr., 7014 Sheaff Lane, Ft. Washington, PA 19034, for · Variance to the Zoning Ordinance. Article 111. Se~ion~ $00-30C and 100-32 we~ by~ Spoffotd, 'soUth by Private Road, e·st by Private Road and Sorenson; County Tax Map Item No. 1000-3-2- I0. 7:50 'p.m. Application of Clara Prout (by Thomas Reed as ·gent), 107 Greenacres COUNTY OF SUFFOLK STATE OF NEW' YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at £outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Lon~ Island Traveler-Watch- man once each week for .......... t. ............................ weeks / successively, commencing on the ~ ................................... do~'q ~ ........ , 19..~.. .... Sworn to before me this ,...~,. ................. clay Of Avenue, White Plains, NY ':'10606, for · Variance to the Section 100-31 for permission to construct addition' with _an - ct,on Avenue, Mattituc~; '. b ~ase, south by Park i~ie~ t . ante,· ' 31 for approval of insu~ient . area and wi·h; (b) N.Y. No: I~'54'4'33' ":':: ' : .. m 'ApplicatiOn of m,j~J~j~,(or s Va~nCe :; i ?,;~ru~ tower.exceeding height .... % ......... Southold Town Board of Appeals SEIUTHEILD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS F~B ER-T-W. C; LL?M:~FE~~N CHARLES GRIGONIS, JR., Cha±rman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer August 15, 1980 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 2732 - Application of Charles J. Witherspoon Dear M~, Olsen: At a regular meeting held August 14, 1980, it was the consensus of the Board to hold this matter in abeyance pending receipt of written comments from the N.Y.S. Depart- ment of Environmental Conservation and the Suffolk County Department of Health Services. Attached is a copy of correspondence received this date from the N.Y.S. Department of Environmental Conserva- tion. We sugg.est that you obtain all necessary approvals before proceeding with this application. If you have any questions, please do not hesitate to call our office. Sincerely yours, Enclosure GARY FLANNER OISEN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 1195~ · PHONE 516 ~98-4844 August 8, 1980 Re: Witherspoon Variance Application File # 2804 Gentlemen: Enclosed please find an App.~ication for a Variance in re the above captioned matter along with.the APPlication fee of $15.00. e~w~ with tht Planning Board. A similar App.!ication is being made simultaneously her GFO/elr Enc. Southold Town Zoning Board Of Appeals Main Road Southold, New York 11971 :K JUDITH T. TERRY - TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 August 11, 1980 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2732 application of Charles S. Witherspoon for a variance. Also included are notification to adjoining property owners as follows: Sunset Knolls Assoc.% Ronald Reeve, 445 North Salem Road, Ridgefield, Connecticut 06877; Edward O~fenheiser, 43-1930th Ave., Long Island City, New York 11103. JTTLb$ CC:~l±e Enc./ Town Clerk FOILM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date //1,//~ 7~ .,~ 19(~ PLEASE TAKE NOTICE that your application dated 19..~....U for permit to ¢ .... ~,~ ........................................ ~t the p~emi~e~ located ~t .................................... El 14~C ~ L ~ ~ ~ .... 1" ........................................... ~.N ..... ~).v.e.~ree~.d-~. 5L;k~ E ~ ~ ~OgT ) Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the follow;ng grounds ...... $.k~...~.~.~.~.~..A.,..T. ............... · ~"A .......... ~ ...... t~~ ................. ~..~._.~.t ........................ E.L~.]~ ........ ~,~.'.~.L~LL ....... Building Inspector TOWN OF SOUTHOLD ~tI RONUENTA< ASSESSMENT SHORT INSTRU~TION~: (o) In or'der 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. ]t is not expected that additional studies, research or other investigations wil! be undertaken. (b) If any ~uestion has been answered-Yes the project may be significant and a completed Environmental Assessment Form ~s necessary. (c) If all ~uestions have been answered No' it is like~y.~ha~ ~his project (d) 4 5. '~. 7. 8. 10. II. 12. 13'. 14. year on the choro-cter of the community or Is there public/~ontrjbvx~rsy concern' g project? ...... / ......../.// ................ is not Significant.. .. . E~ronmentoI Assessment ~'.--WiIi project resui'¢ in a ~arge physical change to the projectl site or physically a~ter more than 10 acres of land? ' Yesx* No Will ~here be.a major change to any unique or -.unusual la~d form ~ound on the-site? ....... ;.,. ..... Yes~ Nb' Will project alter or have a large e~fec~ on Yps ~ 'No existing body Of water? ' Will project have a potentially large impact groundwa{&~ quaIi~y? ' Yes,'No Will project significantly effect drainage flow on adjdcent sites? ....................... .. . ~YPs.×, __Hq Will project affect any threatened or endangered, plant or animal species? ........... Yes Will project result in o major adverse effect Yes X No' on air quality? ............................... . Will project have a'mojor effect on visual character of the community or scenic views or ¥~sfas ~nown fa.be important to the community?._ Will project adversely impact any site or -.. sfructure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area ' Yes X No- by local agency? ............. Will project 'have a major effect on existing or future recreational opPor~unlties? ......... ~ .... Yes X No Will projec~ result in major traffic problems or.cause a major effect to existing transportation systemsg....... ............... . . .. Yes=X No Will proj.ect regularly cause objectionable odors, no,se, glare, vibration, or electrical disturbance as a result of the Project's operation? ' ~es~'~ No 'Will project have. any impact on public health ' ~_.. sofe~y? ' · Yes No Will project affect the existing community by directly causing a growth [n permanent population of more than 5 percent over o one period or hove o major negative effect ....... ___Ye s'x No the ....... Ye.s ×No I I I / )1 ' ][ '~ r' .A i~TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE zoNiNG BOARD OFAPPEAL~, TOWN OF S~)U'I:HOL'D, N. Y.. ~ - - Name of Appellant- - .~'~ ~-' Street and Number ~..q~l..~...o..i..d...:..,.,:~ ...... ~' ...... ~,..~.~ii,.i..~::~.~:.:.'..:...:i!..,..~..,~i.i;.- .~.~..~..o.~'~.:.::::HEREBY 'APPEAL TO THE ZONING BOARD OF APPEALS-FROM THE DECISION ~F THE BUILDING INspEcTOR ON APPLICATION FOR PERMIT NO. ' DATED APPEAL NO. ~ 7,,~ DATE ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ..Cna. L ............ S.o. ut olcl, ........... ................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE ..... 1: LOCATION O~:STHE'PROPERTY .... r District 1000 Section 05~a.Block 4 Parcel 33 - M°p No ~ Lot -Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the ~,rticle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-31 and Section 280 A mown Law 3. TYPE OF APPEAL Appeal is made herewith for k ) A VARIANCE to the Zoning Ordinance or Zoning Map 0c ) A VARIANCE due :to lack of access (State of New York ToWn Law Chap. 62 Cons. Laws - - Art. 16 Sec. 280A S~bsection 3-' ......... 4. PREVIOUS APPEAL A previous appeal~:JL,,A~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... (x) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant seeks to divide premises having a total of 58, 800 square feet into two parcels. Parcel 1 would contain 30, 500 square feet, and Parcel 2 would contain 28, 300 square feet. Parcel 1 would have frontage on a right of way known as Skin, et f~ane of approximately 85 feet, ;Par.~el 2 would have frontage on Sunset Lane of approximately 85 feet. The subject premises is soundfront proper- ty of unique value. - An Area Variance is required due to the fact that- each. parcel would have less than 40. 000 square feet and a Width Variance is required since each parcelw auld be 85 feet wide. An Access Vat,ncc under Section 280 A is required over a right of way referred to as Sunset Lane since the subject premises is an interior parcel off of Hor*.ons Lane. 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 the existing parcel is an oversi~.ed ~parc~l contai~n~y!g 58, 800_ square f~eet..Granting of the Variance wottld only increase -th~ denSi~' 1~' ~e building pa~rcel. Due t° .tHe fact that the property is soundfront, there would be an economic and practical hardship, ift the Variance were not granted. lqxrthermore, the only existing acce~/s':is-over a-right of wa~ referred to ars Sunset Lane, which connects with PIortons Lane requiring approval under Section 280 A of the Town LaW. 3. Tine Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the Parcel to ,,'be created would be generally in keeping with the size and shape of the parcels in the community and wouldnot materia ly change the density of the area. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS Charles S. W~rsp/oon ~Y FlanneT~Ols-en, Esq. Sworn to this .......31st ............................... day of..~.u].~ ............................................. 19 80 O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ~ " : CHARLES S. WITH'F~. P.v0oN to the Board of Appea~s of the Yown of $outho~d : NOTICE TO: Sunset Knolls Association Edward Offe ruheiser 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)~:~ .... (the following relief: Area Varianae, .Widt~ VarDhce and Access Var~nnce ). 2. That the property whiCh is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Long Island Sound; Eas~ by SUnset Knolls Association; South by R~ght of Why; W~.~f. BY ~d~t.d _t~ef~nhmL~.T· 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Residential 4. That by such Petition, the undersigned will request the following relief: Area Variance. ~tdth Variance and Access Variance 5. That the provisions of the SoUthold Town Zoning Code applicable to the relief sought by the under- signed are: Article TTTRection 100-31and Section 280A Town Law 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be~--I~:b~ the matter by the Board of Appeals; that a notice of such hearing must be published at least fiv. e/d~ys prior/to the date of such hearing in the Suffolk Times~and in'the Long ISland Traveler-Mattituck Watc/~man, newspapers publishedin the ~o~vtntoOfaSO:~rh:lnddal~: hdeT~c~na~t;udcfhO~ah~i~ublication of such notices; tha~/Y;u Or Y~: representativehave the 'g pp · g. / ' Charles Sf.:~the~poon~ Dated' AUgust 8 1980 ' By' Petition' ' ~e~r~i~'/:~ y~'Fl~a rT~ r O1~ e t 1, Post Office Addr~s ~. O, Box 38 ~ " ' Mattituck,, New York 11952 ¢) NAME Sunset Knolls Association PROOF OF MAILING OF NOTICF ADDRESS % Ronald Reeve 445 North Salem Road Ridgefield, Conuecticut 06877 Edward Offenheiser 43-1930th Avenue Long Island City, New York 11103 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Cherie Lym.u Russ ell MattitaelC, New York ~ residing at (no number) Bergen Avenue: , being duly sworn, deposes and says that on the ~qth day of August ,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 asshown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck ; that said Notices were mailed to each of said persons by (certified) ~ mail. Sworn to before//m~ this /gth . day of A.~-.~.~.~"//'"" ' "' ---'.'~'/, 19 R~-"')// ~otary Public ~ualifi~ in Su~lk C eri; LYn~ R~sse11 ~ - SEE SEC, NO. 130 16 ~6 "~. o 4 fo) # ~)NAUTHORIZED ALTERATION OR ADDITION to THIS SURVEY ts A VIOLATION O[~ SECTION 7209 OF THE NkW YORK STATE ED~IO~ LAW. COPIES OF THIS SURVEY A~.~P N~T BEARI~ ~BOSSED SEAL SHALL N~T ~ TO BE A VAMD H. UE CO~Y. GUARANTE[S ~ND~CATED HE~ON SHA~ R~ ONLY TO TN~ ~E..SOr< FOR W~fOM THE TITLE ~OMPANL GOV~?$~N~AL LENDING INST~i-UliOt L~L~ 4~, TUTION. GU~ A~[ NDi'