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HomeMy WebLinkAbout2471 SEE SUBSEQUENT APPEAL #2775 DECISION RENDERED 3/12/81 AND JDCY 22,'~1981 SUPREME COURT DECISION in concurrence. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, September 28, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100~31 and Bulk Schedule for permission to divide property with insufficient area and width. Location of property: Lot No. 4, Map No. 5023, Sunset Knolls, Mattituck, New York. 7:40 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, Sections 100-31, 100-33, 100~.34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. 7:50 P.M. (D.S.T.) Upon application of Charles A. Brautigam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: West Road, Cutchogue, New York, bounded on the north by West Road; east by Gustave Buckert; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cutchogue, New York, ( Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchouge, New York. Legal Notice of Hearings -2- September 28, 1978 8:15 P.M. (D.S.T.) Upon application of Rein Narma, 1000 Privat~ Road, (Hyatt Road), Southold, New York, (Robert C. Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32, for permission to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road) Sou%hold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R. A. Brown and P. R, Bie. 8:30 P.M. (D.S.T.) Upon application of Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayville, New York, (Gary F. Olsen, Esq.) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (6) for permission to operate a tennis and racket ball club with swimming pool. Location of property: North Road, Peconic, New York, bounded on the north by Middle Road; east by Haas; south by Long Island Railroad; west by Case. Dated: September 18, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE ~1) SEPTEMBER 21, 1978, and FORWARD SIX (6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD~ SOUTHOLD, NEW YORK, PRIOR TO SEPTEMBER 28, 1978. Copies mailed to the following on September 18, 1978: Edward and Helen Jaskowiak Anthony P. DeRiggi, Esq. a/c Daniel and Laura Shybunko Charles A. Brautigam Peter Stoutenburgh a/c Mr. Robert Wacker Robert C. Wertz a/c Rein Narma Gary F. Olsen, Esq. a/c Sandra Rave and Mary Tlockowski / LEGAL NOTICE / NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance'of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on .Thursday, Sep- tember 28, 1978, on the following appeals: ~ 7:30 P.M: (D.S.T.)Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, ' for a variance in accordance wi]~lt-the Zoning Ordinance, Article III, Section 100-31 and : bulk Schedule for permission to divide property with in- sufficient area and width. Location of property: Lot No. : 4, Map No. 5023, SurJset KnOlls, Mattituck, New York. 7:40 P.M. (D.S.T.) upon application of Daniel and i Laura Shybunko, 5 Hilltop ) Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with : the Zoning Ordinance, Article III, Sections 100-31,100-33, 100- 34 and 100-36, for permission to reduce front and side .yard setbacks. Location of : property: Map No. 5126, Nunnakoma Waters; _Lot No. 5, Southold, New York. 7:50 P.M. (D.S.T.) Upon application of Charles A.. Brautionm, 4~ Benson Road, 'Glen Rock, New Jersey, for a i variance in accordance with the Zoning Ordinance, Article IH, Section 100-32 for per- mission to construct an ac- cessory building in the front yard area. Location of property: West Road, Cut- chogue, New York, bounded on the north by West Road; east by Gustave Buckert; south by Bay; west by George H. Fleet Estate. 8:00 P.M.' (D.S.T.) Upon application of Robert Wacker, Nassau .Point Road, Cut- chogue, New York, (Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to add 10 feet to present garage located in · front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. 8:15 P.M. (D.S.T.) Upon application of Rein Narma, 1000 Private Road, (Hyatt Road), Southold, New York, (Robert C, Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32, for per- mission to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road) Southold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R. A. Brown and P. R. Bie. 8:30 P.M. (D.S.T.) Upon application of .Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bavville; New York, (Gary F. (~lsen, Esq.) fg..a. Sl~eC~l eXCeption in ac~n~e~i~ th~ Zon!ng ~n~,~e;;~(~le III, Sechon · 1~-3(~: B (6) for Permission to ~Jl~ ~anis and racket ~ ~ swimming pool '~ ~j~ ~ ~roperty: ~i-North .... ~.~ ~c,. New?'York, ~~ the north by ' ,~.~ e?!~ east by Haas; ~ ~"~ Long Island Railroad; ~t by Case. Dated: Sep mber 18, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TS21-3062 COUNTY OF SUFFOLR, ] STATE OF NEW YORK, ~ ~s: .... ~O~..Q~tavaon ................. being duly Sv says that ...h.e... ~ is P~inter and Publisher of ~he SUFF WEEKLY TIMES, a newspaper published at Greenport, in county~ and that the notice, of which the annexed is a pr copy, .has been published in the said Suffolk Weekly/ once in each week, Jar ...oq.e..(.~) .................. successiv~Iy commencing on the . .l~.e.q~.-.~'~.~.t;.... d~y.of September..~.-~ .. Sworn to bef~gre me ~hl~s '~ ............. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, NEw York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main R~ad, Southold, New York, on Thurs- day, September 28, 1978, on the following apPeals. 7:30 P~M~ (D.S.T.) Upon application of Edward and Helen Jaskowi~k, RFD, Ruth Road, Mattituck, New York, for a variance in' accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insuf- ficient area and width. Lo- cation of property: Lot No. 4, Map No. 5023, Sunset Knolls, Mattituck, New York. 7:40 P.M, (D.S.T.) UPon appltc~tiol~ ~of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, Sec- tions 100-31, 100-33, 100-34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. 6:50 P.M. (D~S.T.) Upon application of Charles A. Brau- .tigam_, 46 Benson Road, Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permis- sion to construct an accessory build!rig in the fr~ont yard area. Location of~ proper~y: .West Ro~d, Cutchogue;, new. York~ bounded on the north' b~West Road; east by Gustave Buc- kerr; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cut- c[~ogue, New York, (Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article 11I, Section 100-32 for permis- sion to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. 8:15 P.M. (D.S.T:) Upon application of Rein Narma, 1000 Private Road, (Hyatt Road), Southold, New York, (Robert C. Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-32, for permis- sion to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road) Southold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R.A. Brown and P.R. Bie. 8:30 P.M. (D.S.T.) Upon application of Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayvil!e, New York, (Gary F. Olsen, Esq.) for a special exception in accord- ance with the Zoning Ordin- ance, Article III, Section 100- 30 B (6) for permission to operate a tennis and racket ball club with swimming pool. Location of property: North Road, Peconic, New York, bounded on the north by Middle Road; east by Haas;' south by Long Island Railroad; west by Case. Dated: September 18, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T - 9/21 (629) 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 ac Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Lon/g Island Traveler-Watch. man once each week for ........ ~/.. ............................ weeks successiv~/l.y~, ~_mmencing on the .g... rnethis ~_~2.-~ , ' ....................... cloy or C! EMENT J. TI-4OMPSON HOI'ARY PUBLIC, St~,te ol New York Ii~. '. 2-9L~2l 7[!5 Resi:fi~hl in S~iL~;:; County Commi';s;~u Lxpi:u~ M:rch 30, 1980 FOR~! NO. 3 ( TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ?~...~.5~..~. ................... ~.~ ..... ~...~..~ C~ ~ ~o~ ( ~c c~~ ~;~ ) ..... for permit to construc~ .............................. ~ ....... ot the premises Iocoted o~ .................................... I000-- /l O - 7- b ) Mop .................................... Block ............................................ Lot ................................................ is Building Inspector modification of said structure so as to be in strict compliance with the variance that had previously been granted the applicant to construct a carport under Appeal ~2471; and (3) ~or such other relief as the Court deems just and proper. Dated: April 17, 1981 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X X In the Matter of W. HARRY LISTER, Petitioner, -against- ROBERT GRIGONIS, Jr., SERGE DOYEN, Jr., ROBERT J. DOUGLASS, GERARD P. GOEHRINGER, JOSEPH H. SAWICIKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, '~ Respondents. X PETITION Index No. X The petition of W. HARRY LISTER, by its attorney, RICHARD J. CRON, ESQ., respectfully alleges: 1. That at all times hereinafter mentioned, petitioner owns and stills owns, in fee simple, certain real property sit- uate at West Road, .Cutchogue, Town of Southold, Suffolk County, New York, affected by the proceedings before the aforementioned Zoining Board of Appeals in the Town of Southold, hereinafter more fully set forth. 2. That Charles A. Brautigan is the owner in fee simple of premises situate at West Road, Cutchogue, Town of Southold, County of Suffolk and State of New York adjacent to petitioner's premises, separated by a Right of Way. 3. Respondents, ROBERT GRIGONIS, Jr., SERGE DOYEN,Jr., ROBERT J. DOUGLASS, GERARD P. GOEHRINGER, and JOSEPH H. SAWICIKI, at all times herein mentioned constituted and still constitute the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD. 4. That on August 30, 1978, said Charles A. Brautigan applied to the Building Inspector of the Town of Southold for a permit to construct a carport as an accessory structure in other than his rear yard, which permit was denied in accord with a notice of disapproval of the same date a copy of which is annex- ed hereto as EXHIBIT "A". 5. On or about the 31st day of August, 1978, said Charles A. Brautigan applied to the said Zoning Board of Appeals for a variance to construct a carport in other than the rear yard of his premises, acopy of said application being annexed hereto a s EXHIB IT "B". 6. That the aforementioned application of Charles A. i Brautigan eame on for a hearing before said Board on September 28, 1978, and that a public hearing was had on that date. 7. That the Zoning Board of Appeals on Thursday, Sept- ember 28, 1978, granted said application in accord with the re- quest of the applicant, to wit: to construct a three(3) stall carport of a size 25'x25' to house two(2) antique cars and a family car. A copy of the Zoning Board of Appeals decision is annexed hereto as E~IBIT"C". 8. That Wednesday, October 3, 1978, said Charles A. Brautiga~ or his duly authorized agent, submitted to the Build- ing Inspector an application for a building permitlto construct a carport in accord with the variance granted by the Zoning Board of Appeals under appeal #2471. 9. That on or about said date of October 3, 1978, upon information and belief, said application was amended by the applicant, or his duly authdr~zed agent, to provide for a garage with rooms (no kitchen) on line 2(b) of said application and a set of plans were submitted to the Building Inspector, which substantially and materially did not conform to the variance and approval that was granted by the Zoning Board of Appeals for construction of a carport on September 28, 1978. A copy of said application and plans submitted are annexed as EXHIBIT"D". 10. That on said date of October 3, 1978, the Building Inspector issued a building permit to construct a carport as approved by the Zon£ng Board of Appeals #2471, a copy of which is annexed hereto as EXHIBIT "E". 11. That on or after October 3, 1978, said Charles A. Brautigan commenced to construct a building which was in substantial and material violation of the variance granted by the Zoning Board of Appeals. 12. That petitioner herein received no notification of the application to construct said carport before the Zoning Board of Appeals, notwithstanding, that same substantially affects petitioner's property rights and values. 13. Tha~ it was sometime after construction had com- menced that petitioner learned of the building and its non-con- formity with the variance granted by the Zoning Board of Appeals. 14. That numerous complaints were made by your petitioner and his attorney to the Board of Appeals, the Building Inspector, the Town Attorney and the Southold Town Board. 15. That finally, on or about July 15, 1980,~ the Build- ing Inspector was compelled to issue a "stop order" on the construc- tion and a revocation of the building permit issued on October 3, 1978. 16. That since no action was taken by the Building Inspector to compel construction in accord with the variance grant- ed by the Zoning Board of Appeals ~2471, a letter addressed by my attorney seeking such relief (August 29, 1980) was sent to the Building Inspector and the Town Board, a copy of which is annexed hereto as EXHIBIT "F". 17. That the action of the Building Inspector and/or other parties in amending the variance of the Zoning Board of Appeals was and is illegal, void and of no force and effect, and and that the applicant shoul~d have restricted construction of his building to that defined in the building permit granted on October 3~ 1978. 18. That on or about December26~1980aid Charles A. Brautigan brought an application to the Zoning Board of Appeals seeking to amend the prior variance granted under Appeal #2471~ vacate the stop order and revocation of building permit by the Building Inspector, and permission to construct a garage with rooms, a copy of which is annexed hereto as EXHIBIT "G". 19, That said application came on for hearing on January 22, 1981, before the Zoning Board of Appeals, and a public hearing thereon was had on that date, a copy of the minutes of said hearing being annexed hereto as EXHIBIT "H". 20. That your petitioner by his attorney appeared at said hearing and objected to the granting of the relief requested. 21. That subsequently and on March 19, 1981, the respond- ents herein, in their capacity as members of the Zoning Board of Appeals, granted the application subject to Certain conditions therin imposed, a copy of said decision being annexed hereto as EXHIBIT "I". 22. That your petitioner claims and asserts that the decision of said Zoning Board of Appeals in granting the application of said Charles A. Brautigan to maintain his building as a garage with rooms is in derogation of the following requirements : Article III, Section 100-30(A)(1) which allows only one(l) single family residence on each residential lot( Zoning Ordinance of the Town of Southold). b.) Article III, Section 100-32(A) which does not permit an accessory building to exceed eighteen(18) feet in height. c.) ArticleXII, Section 100-121(B) permits a variance to be granted only on proof of practical difficulty or unnecessary hardship. 23. That the applicant failed to establish at the hea~- ing before the Zoning Boa~ of Appeals, on January 22, 1981, that there were practical difficulties or unnecessary hardship in seek- ing the relief requested; that on the contrary, the matters, facts and evidence presented clearly established thai there was no hard- ship at all, in that, it was the applicant's decision to voluntar- ily to do that which was contrary to the variance that was previously granted by the Zoning Board of Appeals; and the Board of Appeals itself made no finding of hardship, and in fact, determined that the "good faith" of the applicant was questionable; and therefore the findings of the Board of Appeals should be set aside as being made without any evidence to support same, and as being against the weight of evidence. 24. Petitioner also claims and asserts, that the grant- ing of said variance, was, is, and will be detrimental to the health, safety, comfort, convenience and general welfare of the community and the petitioner and his family for the following reasons: a.) That said structure is not in substantial conformity with other accessory buildings in the area, and stands as an "eye-sore" in the community; b.) That said structure is extremely close to the pet- itioner's property, and in light of its size and height constitutes a "second dwelling" on the applicant's property in violation of the building requirements of the Town of Southold as defined in itd Zoning Ordinances; c.) That the granting of the application permitting the structure to remain was and is against the public interest and merely to satisfy the purposes and desires of the applicant; d.) That said variance instead of enhancing and con- serving surrounding property vmlues tends to and does decrease, impairanddestmoy such values; e) That permitting such illegal structure to remain, said Board of Appeals encourages and fosters others to commit similar illegal acts against the Zoning Ordinance, with full expectation that upon seeking relief for such illegal acts, the applicant may indeed be granted such relief. 25. That the granting of the variance by the Board of Appeals constitutes a gross 'abuse of such discretion as may be vested in the Board, if any, which has resulted in a substantial hardship and detriment to your petitioner, who as an adjacent property owner is aggrieved and injured. 26. That the variance granted by the Board of Appeals on March 19, 1981 should be reversed, annulled and set ~aside, the application of said Charles A. Brautigan with respect thereto denied, the revocation of the Building Permit be reinstated in accord with Art. X1V, Section 100-142 of the Zoning Ordiance, the stpp order be reinstated pursuant to Art. X1V, Section 100-140 of ~t.he Zoning Ordiance, any certificate of occupancy, if one has been issued, cancelled and revoked, and that ~aid Zoning Board of Appeals be directed to order and cpmpel the Building Inspector to have the applicant undertake, forthwith, a modification of said structure so as to be in strict compliance with the variance that had previously been granted the applicant ~o construct a carport under Zoning Board of Appeals f~ 2471. 27. No previous application for the relief requested herein has been made to any court or judge. WHEREFORE, petitioner respectfully requests that a final judgment be made and entered herein~, for the following relief: (1) reversing, annulling and setting aside the decision that respondents made on Marc~ 19, 1981; (2) that respondents be directed to order and compel the Building Inspector to have the applicant undertake, forthwith, a SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X' X In the Matter of W. HARRY LISTER, Petitioner, -against- ROBERT GRIGONIS, Jr., SERGE DOYEN, jr., ROBERT J. DOUGLASS, GERARD P. GOEHRINGER, JOSEPH H. SAWICIKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents. X X SIR: NOTICE OF PETITION Index No. PLEASE TAKE NOTICE that upon the annexed verified petition sworn to on the 17th day of April, 1981, and the exhibits annexed, an application will be made to the Court at a Special Ter~ Part I thereof, to be held at the Count~urt House, Griffing Avenue, Riverhead, New York, on the// day of May, 1981, at ten o'clock in the forenoon, or as soon thereafter as counsel can be heard, for a judgment granting the relief demand- ed in the petition, and that a verified answer, and supporting affidavits, if any, must be served at least five days before such time. PLEASE TAKE FURTHER NOTICE that pursuant to Section 7804 of the Civil Practice Law and Rules you are directed .to file with the Clerk of the Court your answer, ~and answering affidavits, etc., together with a certified copy of th~ transcript of the record of the proceeding, together with the entire official file containing the records of the petitioner herein held by the respondents and referred to in said hearing as being in the record as official records kept by the respondents herein. - Suffolk County is designated as the place of trial on the basis of: Petitioner's residence is in the county and the real property which is the subject matter of this action is with- in the county. DATED: April 17, 1981 TO: ROBERT GRIGONIS, Jr., SERGE DOYEN, Jr., ROBERT J. DOUGLASS, GERARD P. GOEHRINGER, JOSEPH H. SAWICIKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD RICHARD J. CRON, ESQ. Attorney for the Petitioner Office & Post Office Address Main Rd. Cutchogue, N.Y. 11935 (516) 734-5100 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11=J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, .IR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki May 2, 1981 Richard F. Lark, Esq. Main Road, Box 973 Cutchogue, NY 11935 Re: Appeal No. 2815 - Request ~or Rehearing Application of Charles A. Brautigam Dear Mr. Lark: Please be advised that the following action was taken at a Regular Meeting of the Southold Town Board of Appeals held Thursday, April 23, 1981 concerning the above-entitled appeal: On motion by Mr. Sawicki, seconded by Mr. Goehringer, WHEREAS, Appellant has applied to this Board by application dated April 15, 1981 for a rehearing; and WHEREAS, on April 17, 1981, this Board was served with a petition in an Article. 78 proceeding to review the determination of this Board made on March 19, 1981 in Appeal No. 2775; NOW, THEREFORE, BE IT P~SOLVED, under the circumstances, the application for a rehearing is denied. Vote of the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Doyen, Douglass, Yours very truly, CHARLES GRIGONIS, JR. CG:lk CHAIRMAN COMMISSION S~th A. Hubbard Chairman Lee E. Koppelman Director of Plann/n~ Suffolk County .Department of Planning Yeteram Memor;,,l' H~hway JOHN V.N. KLEIN. County Executive Hauppau6e. L. L, N. Y. 979-2918 11768 October 4~ 1978 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred co the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determ/nation should hOC be construed as either an approval or a disapproval. Applicant Municipal File Number Charlds Brautigan 2471 Rain Narma Robert Wacker Sandra P. Rave, Et. Al. 2472 2473 2474 G GN: jk Very truly yourS, Lee E. Koppelman Directorof Planning CH~£F PLANNER oo TOWN CLERK 765-3783 BuildingDept. F1enning Bd. 765-2660 Board of APpeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-'1 and m, the ..... ~Oa, Z:C1. · O.f..~I~N~. lS ............. of the town of ..... SO~O1(], ............... (agency revolved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ..... ,~ ......... Special permits ...... ,~[ ...... Variances Comments: Charles' A. Wes'l: Road, Cutohogue, Brautigam ew456 York 11935 Appeal No. 2471 Location of affected land: ....We&~..~:)&d4...C~l,~o,~lo~%t~.,...]~e~[..~:E~ ..... ; ................... : .......... ; ........... within 500 feet of: (check one or more) Town.or village boundary line, or shore line State or county road, parkway or expressway State or county park or recreation area Stream or drainage channel owned by the county or for which the county has established channel lines. State or county owned parcel on which a public building is situated Applicant was granted permission to construct a carport in side yard area for 3 oars. Date received by Suffolk County Planning Commission File No ................................. O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 1, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2471, application of Charles Brautigam for a variance. Also included are notification to adjoining propert2 owners as follows:Geroge H. Fleet Estate, Cutchogue, N.Y. 11935; Gustave Bickert, 512 Union Avenue, Woodridge, N.Y.07075 JTT/bn cc:file Enc./ Judith T. Terry Town Clerk FORS~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL To C. /-) /) ~ L E S j~'~ /'~ U -'T I S I~ N" ~.~....~..~..~ .................... ~.~.s..~ ..... ~e...~? PLEASE TAKE NOTICE that your appli~,~tion dated /~O6 ~0 19 ~ ~b~ ~o~ (o~r~ ~~' .................................. ' ........ for permit to construct ................................. ~ ....... at the premises located at .................................... -~ ~E~I ~O~treet ~U T~ OGU~ ~ap .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ........... ~.~.~.~.~.~..~.~. ............. .... .~E~ ..... ~.~..~ ........ .~.~..~. ........ ~..~.~. ........... ~.~..~..~.~:..~. .... Z..~ ....... ~ ...... Building Inspector TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING' INSPECTOR TO THE ZONING' BOARD OF APPEARS',' TOWN OF SOUTHOED> N. Y.' 1, (~lll~)i~ ~J .~.~.'.J-~"'~" , i~...~...i~l?...t~.~..~...~....~.>...~of ...' ......... ~.7.~..;,~.~,~....~.~.. .... , .... ........... ~;"~f"~ppellont Street and Number . ~eAO~ ~ ~ ~O~ ~ ..... ,..~... ~ .....~ ' ........HEREBY APPEL TO : .................... : ........... .~;~[~;,~ .................. THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR ~ERMIT NO. DATED .................................................... WHEREBY THE BglLDING INSPECTOR DENIED TO ....... Name of Applicant for permit G .~ ................................................. 'M'~A'~ii~ .................... ~i~ ............ t ......... Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~. LOC~T~ON OF THE P~O~ER~ .................. ~.~ ............. ~ ................................... ~ ............... · ~ , '. ,, Street :.:??.~.9.; ......... {.(.~..:...,:..~ .......... ~ .... :: ......... ::... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (indicate the A~icl" Section, Sub- section and Paragraph 9f the Zoning Ordinance~y number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is mode herewith for (~ A V~R!AN~E to the Zoning Ordi~c~ or ~on~ Map ( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws Art. 16 ~ec. 28~ Subsection 3 ~ appeal 4. PREVIOUS APPEAL A' previous 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 ( ) reci'uest' 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 ~ is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory~HAP~D~SHI~,~, :: because,, ~ L~t/~.,.~ ~ ~.~ ~'~ ~ "~ / ~ ~ O ~ ~ D ~ 2. The hardship creoted is&UNIQUE and istt~shored by ali properties alike in th~ immediate vicinity o{ this propertv ond in this uso district bocouse ~ ~* ~0 ~.g~~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE. ;THE CHARACTER OF THE DISTRICT because - A~.Ij, pl~-o 0o.%~ l~jl3r i~,,. jOc~ ~T- I '7"' ~. STATE OF NEW YORK COUNTY OF ) ) ss ) Sworn to this "'~J~-~/' day of ......... ~~: 19 7~ ""- JAI41 FLATLEY NOTARY PUBLIC, State of New York No. 52-4665418, Suffolk Counety~ BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : : 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) (Spec!al Permit) (the following relief: 2. That the property which is the subje.g~ of the Petition is located adjacent to your property and is des- cribed as follows: ~ ,~ ~ ~'~_~ T'- J"~-'.--,~) 3. That the properthwh, ich is~he subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~-o ~ ~-~/~ $. That the provi,~ions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: /~L,-~I-~ ~ ~ --~r~:~ '~f--~ ~ /~e~ -~ :~ z. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ' ~" '~t -qar> Petitioner Post Offic~Address. ,,.,. ,,,,. ,.,..,,.., NAME 499673 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERA6E PROVIOED-- NOT FOR DITERNAlIONAL MAIL (See Reverse) TO P.O'~STATE A-F~D ZIP CODE POSTAGE ~ SPECIAL DEM~RY ~ RESTRICTED DEUVERY ~ ~ ~ OA~0ELIVERED ~ ~ AND A~RESS ~ -- DELIVERY ~ ~ ~ S~WTOW~MANODATE ~ RES~D ~LIVERY PROOF OF MAILING OF NOTICE ADDRESS No..,...,_., 499672 RECEIPT FOR CERTIFIED MAIL (See Reverse) P.O., STATE AND ZI~ C~ODE POSTAGE  CERTIFIED FEE . ~ECI~ ~ RES~D ~ERY ~RY  ~ T0 ~, OA~ ~ ~O ~U~Y 1978 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ (.( ~ ~_ LL:'-S ~ 1~4~-~'( ~ ~H , residing at ~ ~ T ~ O. ~ c ~ e q ~ ~ , being duly sworn, deposes and says that on the ~ I day verse side hereof, directed to each; v~- re 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 ~- ficeat ~c ~~ t ~-~ ' (certified) (registered) mail. Sworn to before me this day of~a:~--~--z/-- ,19 7~' Notary Publ/ NOTARY PUBLIC, State of New York No, 52-4665418, Suffolk County-- C mmi, en tr. rGh a0, Zg t;;_ ; that said NoT~s were mailed to each of said persons by SEE SEC NO.