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Home My WebLink About2807 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2807 by application Dated March 23, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Thomas Collins 26 Trainer Court Huntington, NY 11743 Appellant at a meeting of the Zoning Board of Appeals on April 23, 1981 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III; Sec · .( ) 100-30A(1) the appeal 1. ~l~l~[~F~~~KX~gii~w'~w~llKmW~d it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Public Hearing: 4/23/81: Application of Thomas Collins, 26 Trainer Court, Huntington, NY 11743 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30A(1) for permission to construct accessory (storage) building on vacant land as principal use at 275 Dawn Drive, Greenport, NY; bounded north by Martens, west by Dawn Drive, south by Wallin, east by Dawn Lagoon; County Tax Map Item No. 1000-35-5-20. (SEE REVERSE SIDE) 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 (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the ]Building Inspector ( ) be confirmed ( ) be reversed. CG:lk 6/4/81 FORM ZB4 ZONING BOARD OFAPPEALS ) be denied and By this appeal, appellant seeks permission to construct a six-foot hexagonal storage building to be located at the southeast corner of the subject premises. The lot in question is not improved with any structures. The Board finds that to grant the relief requested would result in the property in question being the only parcel in the immediate area of this residential community with an outside storage building as a principal building. It would be the only parcel in this area which would be used for the sole pur- pose of storing materials since the appellant has not indicated that the property would be used for the construction of a dwelling. Further, the Board has been apprised that the property is subject to covenants and restrictions which prohibit the con- struction of an accessory building prior to the construction of a residence on the lot. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that Thomas Collins be denied a variance to the zoning ordinance, Art. III, Sec. 100-30A(1). Location of Property: 275 Dawn Drive, Greenport, NY; County Tax Map Item No. 1000-35-5-20. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, RECEIVED AND FILED BY Today' s Date: Members Absent, if any: APRIL 23, 1981 Appeal No. 2807 Agenda Item/Matter of: Type of Variance or Appeal: THOMAS CO]~LINS STORAGE BUILDING - PRINCIPAL USE ON VACANT LOT Resolution made by: Seco n ded by: · ~Charles t~r~goms ( ) ( ) ~eo~% Robert ~ Gerard ~IoseDh. DougIass ~oenr~nger ~aWlCK1 ( ) (~" ( ) ( ) Action: ( ) Approve as applied for ( ) Deny as applied for ( ~Y'Den y ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) ( ) Approve with the following conditions: ( ) Subject to County Plannin9 referral ( ) Subject to Plannin9 Board approval ( ) Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows: (SEE REVERSE SIDE) Other: Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is within spirit of the zoning code Substantial in Relation to Code Variance is If so, %- ( ~/~Ir.~p not sa£~iclent~'~'}a~i (, ~ M~ Difficulty Not Unique ( ~' Will set a precedent in the neighborhood ( ) ~e~ ah~d~ ~ry congcsted ( ~nterests of justice served by denying. ( ) Vote of the Board: Ayes: ( ~;~G ( Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) .( ) ( ) ( ) () () () () () () () () () ( ) Relief is not substmntial Burden of hardship or difficulty shown and is unique Variance will not change character of the neighborhood Interests of Justice served by granting Notes: (SEE REVERSE SIDE) The Board finds that to grant the relief requested would result in the property in question being the only parcel in the immediate area of this residential community with an outside storage building. It would be the only parcel in this area which would be used for the sole purpose of storing materials since the appellant has not indicated that the property Would be used for the construction of a dwelling. Further, the Board has been apprised that the property is subject to covenants and restrictions which prohibit the construction of an accessory building prior to the construction of a residence on the lot. On motion by , seconded by THOMAS COLLINS application for a variance is denied. Vote of the Board: Ayes: Nayes: Board of A~l~eale Ton of $outhold P. O. BOX 725 S°w6%id, N.~. 11971 Dewt _Fa occordance w.~5~.~, a ~ce ~ ~ b~ ~. Fho~ Co~ D~ve, ~ree~o~-Cleav~)~o~- ~ec ~ - ~ 67 Co ~ o~5 - ~ 05 - ~ ~ 020 we a~ The De&& o[ ~wn ~s~ B~d~ Code ~d 16~ 1966 re~rded 8 -18-66 ~6~ 601~ C.P. 312 ~ ~ been ~e~d; ~ ~ ~ be app~ved b~ ~n ~~ Co~e We ~ o~ ~e~o~ wo~d ~Rae~ ~o~ eo~d~on CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC. Box 173 EAST MARION, L. I., NEW YORK 11939 Board ofi ppea[, . Town ol Southold April 7, 1981 Nr. William Grigonis Chairman Appeals Board Town of Southold Southold, New York 11971 Re; Application for ~.emporary Bldg. on Dawn Drive Cleaves Point Dear Sir: It has been brought to the attention of this Association that the subject application is filed for your approval. I take this opportunity on behalf of our membership to strongly object to this type of structure for the following reasons. It is in violation of the restrictions as outlined on the deeds of the community. e It adds to the pollution of Gull Pond because of the boats already too numerous that tie up to the existing bulkheads to be used as summer residences. 3. The moored boats become a nuisance to the residents with late nights and early morning activities. Hopefully we will be presented with an opportqmuity to express these objections to your Board and to include complaints about the conSestion of the boat population that is collecting and polluting the other barnch of the Pond known as Fordham Canal (which is becoming an open sewer). Hoping to hear your opinion of this condition in time to save our area from further problems. truly yours/'~ _ ~oseph N. Vandernoth Pres. Cleaves Point Property Association Inc. BUILDERS CORPORATION, a .comesu~¢ ¢o=~A~p~., · ...... o , ..... - WIT~SSETH: ~s ~he ~wne~ ~ fae of a 'l~d, ~own as '~p of Cleaves P0in=, Sec=ion 3" filed in =he O~fice of Clerk of =he County of Suffolk as ~p ~ 46~0 on June 16, 1966, si=ua=e, lyi &f ~ew York, and; ' i= is =he .~=en=ion of =he DECL~, =o sell said sub- divided parcels, or any por=xon of =he afore~n=toned proper=y, =e~ and conditions here~ se= forth and =o en~era=e herein power~ and privele~es which shall accrue. =o each property owner of any par= ground floor area less ~han 1000 square fee~ ~~~~ ~ ~~,~' ,[f-~..~x~"~'~:::~':~e snazl ue erected on any of the for business purposes of any kind whatsoever. .THI~: -~o proper=y owners havlng property borde=~g on Gull Mond or Dawn Lagoon shall extend any Gull Pond, or ~awn Lagoon. float, structure, pier, dock or pilin~ into 1. That it is the intention of the undersigned to petition the Board of Appeals of the Tow. n of SOuthold request a (Variance) (Special Exception) (Special Permit) (the following re!ief: 2. That the property which is the subject of the PetitiOn is located adjacent tO'Your property and is des- cribed as follows: ~: ~:'-/~-' ~)~ONJ ~:)~_~L/~ .: :C-~_~_i~'p'~:::q:D~;...N,,~/.. -. . C__.[D, 3. That the property which is the subject of such Petition is located in the folloWing zoning dist.rict: ie I$ · ZI. EMT'I. L. -'""..- ' ' 4. That by such Petition, the undersigned will request the following relief: 5. That th~ provi~ion~ of th~ $outhold Town Zoning Cod~ ~pPli~bL~ tOth~ r~li~f'~ou~ht by th~ und~r- signed are: ~T. ~ %P:C, /OO"~O' A ~1~'.' ' 6. That within five days from the date hereof, a written Petition requesting the relief specified above wig~ be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and yo~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 ~o' 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 no[ices; that you or Your.repres(:ntative have the right to appear and be heard at ~.uch hearing ...................... ~ ..: ~ ...... . Dated: Petitioner ' " Post Office Address ' '"' "' New York Systems Exchange, Inc. 150 Broadhoilow Road, Melville, New York 11746 (5~ 673-38~0 H. C. STABILE Vice-Pr~d~t March 31, 1981 Mro Charles Grigonis, Jr. Southold Town Board of Appeals Main Road Southold, NY 11971 Dear Mr. Grigonis: It has come to my attention that Mr. Tom Collins, who owns a lot on Dawn Drive in Cleaves Point Greenport has filed with you for a variance to construct a shed on his property. Since Mr. Collins keeps a large boat at this location, I can assume it will be a storage facility. As the property owner directly across from this lot (350 Dawn Drive), I wish to flatly state that I would not want any construction project across from me that does not conform to area zoning regulations in the strictist sense. I believe that such buildings are extremely detracting from an area that mostly consists of $100,000. O0 homes at a minimum. Mr. Collins lot by itself is worth in excess of $$0., 000.00. I know there are buildings like this one being considered littering the waterfront now, but I believe the time is now to enforce existing laws without deviation. I am bringing this matter to your attention perhaps a l'ittle prematurely, but as I am sure you will find out shortly the objections to this building will be most strenuous and most vocal. Ve ry/.~ruly yours, H.~ Stabile Legal Notices LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Ap- peals at the Southold Town Hall, Main Road, Southold, N.Y., on Thursday, April 23, 1981: 7:30 n.m. Annlication of Thgmas Collins, 26 Tr. ainer CQlfft, Huntington. N.Y. 11743 f~r ~ V~rinnce tn the Znnin~ Ordinance. Art. III~ Sec. 100~ 30(A)(1) ~or permission to~ construct accessory (storage) building on vacant land as princioal use at 275 Dawn Drive. GreenDort. N.Y. ~ bgunded north by Martens, .west by Dawn Driver south by Wallin, east by Dawn Lagoon; Cm,nty T~x Map Item No. 1000-35-5-20. 7:40 p.m. Application of Southold Grange, Inc. and others, Beckwith Avenue, Southold, ,N.Y. (by Rudolph Bruer, F~gq.) for a Special Exceptiomto the Zoning Ordi- nance, Art. VII, Sec. 106- 70(B)(1)1~) for a Certificate of Occupancy of building for church use in a B-1 Zone at 475 Beckwith Avenue, Southold/ N.Y.; bounded north by Trav- eler Street and L.I.R.R.; west by Southold Equities, south by Mallgraf; east by Beckwith Kvenue and Traveler Street; County Tax Map. Item No. 1000-61-1-25. 7:50 p.m. Application of Wilhelm Franken, 75 Carroll · r p.m. Application of N6. Fork Motel, Inc., 52325 C.R. 48, Southold, N.Y. (Wil- liam H. Price, Jr., Esq.) for a Variance to the Zoning Ordi- nance, Art. I, Sec. 100-13B, Art. VI, Sec. 100-60B(1)(b), Art. XIV, Sec. 100-144F for: (a) permission to change use of premises and (b) permis- sion to establish single-living unit within multi-dwelling (motel) at premises known as F SUFFOLK. NEW YORK, ?ss: 52325 C.R. 48 (North Road), H. Walker Southold, N.Y.; bounded north ............................ being duly Sworn, by Soundview Ave.; west by Main, Kemper, Zechand Lar .... he, is Printer and Publisher of the SUFFOLK son; south by C.R. 48 (North ,..Road); east by Soundview/IMES. a newspaper published ~xt Greenport. in said Ave. and C.R. 48; more par- ticularly known as County Tax that the n'otic~, of which the annexed is a printed Map Item No. 1000-135-2-23. ~en published in the said Suffolk Weekl~/ Times week, for . pn..e ....................... weeks commencing on t~e ....1.6.~h ................. ,p. ril ~ 19 81 , .~fore me this . ,..A. 1~..i..1 ...... 19..8.1.. ,I .............. ..... Term L, plres i~larch 30, 19~ 9:00 p.m. Application of Roy C. Schoenhaar, 315 Wyckoff Avenue, Brooklyn, N.Y. (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 and Art. VII, Sec. 100-71 for approval of insufficient area and width of two parcels in a three-lot proposed subdivi- sion, and approval of access pursuant to New York Town Law Section 280-a. Location of property: South Side of Main Road (S.R. 25), Mattituck, N.Y.; bounded north by S.R. ,._..2~5, west by Matt Agency; Jarzombek, Roth and others; south by Mellender; east by Pumillo, Hallock, Steinhart, Jackson, Bilianos; County Tax Map Item No. 1000-143-2-33.2. Dated: April 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 3670-1TA16 COUNTY OF SUFFOLK STATE OF NEW YORK SS: LEGAL NOTICE OF HEARINGS : ~ NOTICE I$, HRRE~Y GIVEN, pursmmt'~ to Section 267 of the Town Law' and the Provisions of the Amended Code of the Town of South- old, the following matters will be held for pablic hearings by the Southold. Town Board of Appeals at t¥ Southold Town Hall, Main Road, Southold, NY on Thursday~ April 23, 1981: .... 7:30 p.m. Application of Thomas Collins~ 26 Trainer CoUrt~ Huntingtont NY 11743 for a Variance to the Zoning Ordinance, Art. 11I, Sec. IOO- '-30(A) (1) fOr permission to/' .__b...uil__.ding.,.op. vacant land as m n~_0A_~pal use at 275 Dawn .__D.n.'y~....Gr_e. envort. NY: bound- - __ed__¥grth by Martens, west by .... ~.awn. _~.riy~._.~.!gut h: b_v Wallin. _.,LV... T~.X.... M~p._I_te_ _m No. 1000- 7:40 p.m. Application of Southold Grange, Inc. and others, Beckwith Avenue, Southold, NY (by Rudolph n,,~.r. 'Eso.) for a SpecialI Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and thru the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................ .~, ...................... weeks successively, commencing on the ..... .\...~. ......................... day of .~.: ......... ~ ................... 19..%~. .......... bounded north by Skinner, west ,by Canoe Path, .south by Mattituck Creek, east by/ Northridge; County TaX Map Sworn to before me this ~.~-Z~ day of Item No. 1000-I06-11-~-. ' ............................... 8:25 p.m~ Application of .~ 19...~..'.~ North Fork Motel, Inc., 52325 ............ ' ' C.R. 48, Southold, NY (Wil. liam H. Price, Jr., Esq.) for a Variance to the Zoning Ordin- ance, Art. I, Sec~ 100.13B, Art. VI, Sec. 100-60B(1)(b), Art. XIV, Sec. 100-144F for:. (a) permission to change usc of premises and (b) permission to establish single-living unit within multi-dwelling (motel) at premises known as 52325 C.R. 48 (North Road), South.- old, NY; bounded north by Soundview Ave.; west by Main, Kemper, Zech and Larson; south.by C.R. (North Road); .east by Sound- view Ave. and C.R. 48; more particularlyr known as County Tax Map Item No. !000-135- 2-23. 9:00 p.m. Application of Roy C. Schoenhaar, 315 Wyckoff Avenue, BrOOklyn, NY (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. HI, Sec. 100- 31 and Art. VH, Sec. 100-71 for approval of insufficient area and width of two parcels in a three-lot proposed subdivis- ion, and approval of access pursuant to New York Town Law Section 280-2. Location of property: South Side of Main Road (S.R.25), Mattituck, NYp,~ bounded north by S.R. 25, west by Matt Agency, Jar- zombek, Roth and others; south by Mellender; east by PUmillo, Hailock, Steinhart, Jackson, Bilianos; County Tax Map Item No. 1000-143-2, 33.2. Dated: April 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman 1T, 4/16/81 (60) LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, April 23, 1981: 7:30 p.m. Application of Thomas Collins, 26 Trainer Court, Huntington, NY 11743 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(A) (1) for permission to construct accessory (storage) building on vacant land as principal use at 275 Dawn Drive, Greenport, NY; bounded north by Martens, west by Dawn Drive, south by Wallin, east by Dawn Lagoon; County Tax Map Item No. ~000-35-5-20. 7:40 p.m. Application of Southold Gran~e, Inc. and others, Beckwi~h Avenue, Southold, NY (by Rudolph Bruer, Esq.) for a Special Exception to the Zoning Ordinance, Art. VII, Sec. 100-70(B) (1) (a) for a Certificate of Occupancy of building for church use in a B-1 Zone at 475 Beckwith Avenue, Southold, NY; bounded north by Traveler Street and-L'.I.R.R. ~ west by Southoid ~uitie~ south by Ivlallgraf~ east by Beckwith Avenue and TraVeler Street~ CountyTax ~4ap Item No. 1000-61-1-25. ~:: 50 p.m. Application of %;ilhel.m.~ranken~ 75 Carroll Street~ Brooklyn: NY 11231 for a Variance to the Zoning Ordinance~ Art. III~ Sec. 100-32 '.for permission to build garage in the frontyard area at 830 Tarpon Drive: Greenport: NY~ bounded north by Starkie ~ west by Reese ~ sOuth by Weismann County Tax 54ap Item No. 1000-57-1-8 and 9. . 7:55 p.m. APplication of Mary Ann Mastroianni Gre£e, 395 Tuthill Road~ Southold~ NY for a Variance to the Zoning Ordinance: Art. III~ Sec. 100-32 for per- mission to construct swimmingpool in sideYard area at-395 Tuthill Road~ SoU~hold; bounded north by Sauthoff: west by Tuthill Road~ south by DiLalla~ ea.st by. Tuthill; Yennecott Park Subdivision Map No. 5187, Subd. Lot No 25; County Tax lVi~ap Item No. 1000-55-4-3. 8:05 p.m. Application of Agnes Dunn ~ 276 Concord Drive', Hereford, PA 18056 ~ for a VarianCe to the Zonin9 Ordinance, Art.. III, Sec. 100-31 for ~appro'val of'insufficient area of two parcels and insufficient road frontage of one parCe t~ located at the easterly side of Queen Street: Greenport ~ NY; bounded north by C ;R. 48: west by Queen St.: south by Malinauskas: east by Conklin; CountyTax M'aP Item No. 1000-40-3-9.1 and 9.2. Page 2 Le9al Notice of Hearings Board of Appeals Meetin9 -April 23, 1981 8:15 p.m. Application of Sarah Rauch, 480 Inlet Lane, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to relocate existing dwelling with insufficient frontyard setbacks. LOcation of property: 68175 C.R. 48 (and McCann Lane), Greenport; bounded north by Casa, west by Burr, south by C.R. 48, east by McCann IJane; County Tax Map Item No. 1000-33-3-38 and 39. 8:20 p.m. Application of Cybil Kooper, South Drive, Mattituck, NY by Arthur Siemerling, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct swimmingpool in the front and/or side yard areas at "Canoe Path '.," private road located at the end of South Drivei Mattituck, NY; bounded north by Skinner, west by Canoe Path, soUth 'by Mattituck Creek, east by Northridge; County Tax Map Item No. 1000-106-11-~23. ~ 52325 C. R. 48,' Southold, (Wil~i~2m5 ~. n~.. AppLication o£ North Fork Motel ? Inc.~ r~ .Fr~ce, 0 r., ~sq.) NY~.for a Variance to the Zoning Ordinance, Art. I, Sec.' 100-13B, 'Art. VI, Sec. 100-60B(1) (b), Art. XIV, Sec. 100-144F for: (a) permission ~o cha~',ge use of premises and (b) permission to establish single-livin9 unit within multi-dwelling (.motel) at premises known as 52325 C.R. 48 (North Road), Soutbold, 'NY; bounded north by Soundview Ave..;west by Main, Kemper, Zech and Larson; s~uth by C.R. 48 (North Road); east by Soundview Ave. and C.R. 48; more Particularly known[as County Tax Map Item No. 1000-135-2-23. 9: 00 p.m. Application of Roy c. 'Schoenhaar, 315 Wyckoff.Avenue, Brooklyn, NY (by Gary Flanner Olsen, Esq. ) for a Variance to the Zonin90rdinancel Art. III, Sec. 100-31 and Art. VII, Sec. 100-71 for approval of insufficient area and width of two parcels in a three-lot proposed subdivision, and approval of access pursuant to New York Town Law Section 280-a. Location of property: South Side. of Main Road (S.R.25), Mattituck, NY; bounded north by S;R. 25, west by'Matt Agency;, Jarzombek, Roth and others; south by Mellender; east by Pumillo, Hallock~ Steinhart, Jackson, Bilianos; County Tax Map item No. 1000-143-2-33'.2. Dated: April 2, 1981. BY ORDER OF THE SOUTHOLD TOWN. .. BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN.. Page 3 Legal Notice of Hearin§s Board of Appeals Meetin9 - April 23, 1981 Copies delivered Monday, April 13~ 1981 to: Suffolk Times ~ Inc. L.I. Traveler Town Clerk Bulletin Board Supervisor Town Board Town Attorney Mr. Thomas Collins Rudolph Bruer, Esq. for Southold Gran§e, Inc.' Mr. Wilhelm Franken Ms. Mary Ann Mastroianni Grefe Ms. Agnes Dunn Ms. Sarah Rauch Ms. Cybil Kooper Mr. Arthur Siemerlin9 for Ms. Kooper William H. Price, Jr., Esq. for North Fork Motel, Inc. Gary Flanner Olsen, Esq. for Roy C. Schoenhaar 0 0 Southo d Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD. MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE. DOYEN, JR. T~P,P,\' TUTH:LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO N.Y~'S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2807~ Application of: Thomas Collins. Location of Property in Question: (Vacant lot) County Tax Map Item No. 1000- 3~5-5-20. Project Proposed by Appeal Application: principal use on vacant lot. 275 Dawn Drive, Greenport, NY. Accessory building as ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, 'Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which.±ndicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question [ ] is not located within 300 feet of tidal wetlands; [X] may be located within 300 feet of tidal wetlands but separating the property from the wetland area is a road or other type of barrier labeling this matter outside the jurisdiction of the N.Y.S. Department of Environmental Con- servation and therefore correspondence was not solicited. This declaration should not be considered a determination made for any other department or agency Which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: April 2, 1981. By Order of the Southold Town Copies to: Applicant/Agent Board of Appeals Town Clerk Bulletin Board ~ppeal File '' .K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 March 27, 1981 To' Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk Jtt/bn Enclosures Transmitted herewith is Zoning Appeal No. 2807 application of Thomas Collins for a variance. Also included are notification to adjoining property owners, notice of disapproval from the building inspector, short environment assessment form, and wetland questionnaire ....... Judith Town Clerk FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ · .~ ~... 7Z../c~.~. ~...~....~. c~. PLEASE TAKE NOTICE that your application dated .... ~~... ~.~ ...... 19 ~.. for pe~it to const~ct.. ~~.~. · · ~/~ ~.~ .- .......................... at h~ ~o: .............Street / Hamlet County Tax Map No. 1000 Section ... ~.~.~ .... Block . .~ .~ ....... Lot . .~. ~ ...... Subdivision~C~. ~(~/.~iled Map No.. ~ .~ ~... Lot No ..... ~ ~ ......... ~.~ is r~turned he~h and disapproved~e follow~g gro~nds~'O~. [.~...~~~.~~ ~ ..... ~~.~~..~ ..... ~~..~... ~.~..~.o. ~. :~ ~. ~. ~D.. RV 1/80 ~ SHORT E~VIRONMENTAL ASSESSt4ENT FDRI'4 . ' O ~:ordar to answer the questions in this short EAF it is assumed that the' preparer ~.,ill 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 v;ill be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been ans~;ered No St Ss likely that.this project is not significant. .'- .., E~vironmental Assessment ' (dj ~. Will pro~ect resuZ( in a large physical change to the project' site or physically alter more f 1 d? than l0 acres o ' an ................. '- .... . 2. Will there'be a major change to any unique or . PREPARER'S REPRESENTING Yes_ /No -unusual land ~orm ~ound on the s~e? .......... ,_ Yes 3. Will project alter or have a large effect on existing body of water9 Yes 4.. Will project have a potentially large impact , on groundwater quality? ....................... _ _Yes. . No._ 5. Will project significantly effect drainage flow on adjacent sites? ' Yes No 6. Will project affect any threatened or ~endongered plant or animal species? ........... . .Yes. .No 7. Will project result in o major adverse effect on air quality? .............. ' ................. ... Yes No' Will project have o major effect on visual / character of the community or scenic views or. / vistas known to-be important to the community?. 'YesVNo ~. Will project adversely impact any site or structure of historic, prehistoric or .. paleontological importance or any site / designated os o critical environmental a~eo ...... %;...; ~, ;....... %..,. Yes~No by o local agency? ...... " ' "~ .... 10. Will project have a mo3or effect on existing or future recreational opportunities? ......... , Yes,,~N°. "11. Will project result in .major traffic problems .. o~ cause o major effect to existing - ~ . ~ronsporta~ion systems? .......................: Yes. ..N° 12. Will project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance os a result of the project's Yes ~No' ' operation? 13. Will'project have any impact on public health Yes'No or.safety? ..................................... ~ 14. Will project a~fect the existing community by directly causing a orowth in permanent population of more than 5 perceDt over a one year period or have o major negative effect on ~he chorale(er of the community or neighborhood? .................................., Yes. . o 15. Is there public controversy concerning the project? .................. Yes No SIGNAIURE ~ O O ~gulatory Affairs Bldgo 40 v SL~{~ - P~ 219 Stony Brook, ~w York 11794 (516) 751-7900 March24, 1981 Commissioner 26 Trainer Court Huntington, NY 11743 Re: Lot No. 67 "Cleaves Point, Section 3" at Greenport, Erect a utility sh~ on subject property. Dear Mr. Collins: As a result of your inquiry ccncerning the above referenced parcel, this Department has conducted an on-site inspection. ?~ have found the ~ (project) to be at an existing elevation higher than 10' above mean sea level. Therefore, pursuant to Part 661v Official Cc~pilation of Codes, Rules and Regulations of the State of N~ York~ Section 661.4(b)~ no permit under .Article ~25 (Tidal Wetlands) of the Env~tal Conservatic~ DANte. Jo Regional Permit Administrator (Today ' s To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [~] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and atl least 100 feet in length.* [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] (Signature please) O O TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING'BOARD OF APPEALS, TOWN OF SOuTHOLD, N. Y. -~ 1, (We)...ThoJas....Qoll£ns ............................. of .£6...T~.a£nar...ao.ur.t .......................... ' ......... Name of Appellant Street and Numi~r-: ...... .N..e..?.....Y..9.?..k....HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .~j].~..~.//......~..8.?.../..?..~.! ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ................. .T. ho~....Qo, llin. ............................. Name of Applicant for permit of qtl~ ..2.6z. ~.~e ~ e-r'. ~.o u.r¢ ........ Hu nC iw~o~'i~ ew'. TOT. k""'_'"-:j'L'¢'''';'~'. ............ Street ana-lqumlSer -/~i~nid,pa,,ry 5tote PERMIT TO USE PERMIT FOR OCCUPANCY ( X) TO CONSTRUCT ¸1. ' LOCATION OF THE-PROPERTY ....... .".A!:.:Resid.e.n.%i&l ................................. ;..,: .................... Street Use District on Zoning Map ..... ~..t.ee.w ee...iPo4.~.t.. 6.ee :..5..[~ ~x~%.,: 6.7 ...... Map No. ~a/~ ' CO. Tax ~ 1000 - 0~5 - 05 -020 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the A~icle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ) A VARI,ANCD due to lack of gccess (8tate of New York Town Law Chap. 62 Cons. Laws ,,.7A:~. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of t~e-Buildin~ In'spector o~' with respect to this property. Such appeal was ( ) request for a special permit i ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOP. 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) O REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPbecause at the present time,our personal item~ such as children's bicycles,tools lawmmowe~ etc. are kept uader a caavas ia the middle of the property and are subject to either theft or deterioratioa b y the weather. 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 at the presellt time there is ac building on the proPerty,which is the rea~oa forthis variaace. I plaw to build my home here in the near future when bamk mortgage rates are at a more realistic level. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because imtti~lly, I wa~ conBidering p~ttimg a small, tin Sears storage shed (building) ca th e property,but realizing the effects the weather and the salt water would have ca this building,I decided to coastruct a wooden structure. Ia keepiag with the character of the area,this building will be shingled,painted,and landscapped. STATE OF NEW YORK / ) ................................................................................. ss Signature Sworn to this ..... ~......~..~.~..i ..... : .................... day of...~~~.. ....................... 19 ~/ 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 (~ (Special Exception) (Special Permit) (the following relief: \l ). 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: C_CD~?D_ _'r ~ ~ c,T ~ D R/ t~_ ~ ~. That ~he provi~ion~ of ~h~ Sou~hold Town Zonin~ Code ~pplic~bl~ ~o ~h~ r~lief ~ou~h~ b~ ~h~ und~r- 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. Dated: 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. Petitioner Post Office Address 2. That the property which is the subject of the Petition ii located adjacent to your property and is des- cribed as follows: ~ 2"7,,~-- b/iLL) N, .t~'~\L/i.~_. ~'~F__-/Crd ~C'~t;~T: ~,~, ) NAME PROOF OF MAILING OF NOTICE ADDRESS 9/.6 ! '~d¥ '008£ tu~o~I Sd Sworn to b~,f~e me tl~s ~--~' dayof //r~~ ~~/~ I~AR~/~ HERBERT ~arV PubRe State o~ New York ~ ~5214~7, Suffolk Gou~ T~ E~rea ~ 30, Ig.L 9L61 '-~dv '008£ tu-~od Sd ~ ~qr ~_~ ~' ~' ~ ~, , being duly sworn, depOses and says that on the ~ J~ day of' ' ,19 a~/' -, 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 p~rsons as shown on the current as. sessmjent,~oll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~ ~.~/V~ /(? ~ · that said Notices were mailed to each of said persons by (cerUfied) (reg~ste~d) mad. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 ~xamined ................ ,19... Application No .................. Xpproved ................ ,19... Permit No ............ )isapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ............... ,19 .°O.~. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building '.nspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ~r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ;ation. c. The work covered by this application may not be commenced before issuance of Building Pe.rmit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit d~all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ;hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. Fhe applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary~ (Signature of applicant, or name, if a corporation) ...... ........ il~'aili~i ~;e's~ of applicant) //? q 5 State whether applicant is~lessee, agent, architect, engineer, general contractor, electrician, plumber or ~ ............ . .~. v..~..~.. ~-. ~ ........................................................... .. S.. .... t(,.,,,,.t (as on the tax roll or latest deed) t If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... '~'~' /'~'~) /.~ .~9 .[ 1. Location of land on which proposed work will be done..~..~.~...~...7~~../~. ...................... ..... .o. .w: ....... Ts. 7. . . . . t ............................................. House Number Street Hamlet County Tax Map No. 1000 Section .... .~?.~..5~. ....... Block cD ~" Lot O ~ .. Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .... /~..~-.~ ........................................................... b. Intended use and occupancy ....~"0 O..19.0..¢_.. .... ~...&..o~..%...~0Ao.. ~Q 7.'~00[~;7.. L. god. tM..~--000l~?~(2.1).~2(..[. ~.). 3. Nature of work (ch6ek which app le): New'Building.......... Addi ... ..... .. ~dteration .......... Repair .............. Removal .... ' .......... Demolition .............. Other Work ............... ..~. ' ~ (Description) ~. Estimated Cost ..~. 7 %'" Fee ~""~-" (to be paid on filing this application) ~. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number' of cars ................................................................... : .... 5. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ........ 't ..... ' ........ Number otf Stories ........... .t..: ....... 3. Dimensions of entire new construction' Front ~ ~ Rear ~ d/.~r r~,,,h ~ ~ ~ · · · . ........... ~ .......... ~.~ ./~. · · a-~F~s~ · .-~...t.x,~.~ ..... Height . [0.':'..~.~"~'...~..~~of Stones..· [ .............. ~. Slzeoflot: Front ...... ~.~...'. ......... Rear../.~...~. ............... Depth .~.~i~ ................ ). Date of Purchase .~?~.~g-,~..,(~.7: .~. ........... Name of Former Owner ............................. 1. Zone or use district in wi[ich premises are' situated... ~ .............................................. ~. Does proposed construction violate any zoning law, ordinance or regulation: ................................ t. Will lot be regraded ....~.~. ...................... Will excess fill be removed from premises: Yes No [. Name of Owner of premises ............... · .....Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor ............................ Address ................... Phone No .... ............ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether tterior or comer lot. TATE OF NEW ~)R,,K/'_ ~, ................................................ being duly sworn, deposes ~d says that he is the applicant (Nme of individual si~ing cogtract) ~ove nmed. e is the ......................................................................................... (Contractor, agent, corporate Officer, etc.) f said owner or oWnem, ~d is duly authored to perfom or have peffo~ed the said work ~d to m~e ~d ~e ~is pp~cafion; that ~! statements cont~ned ~ this application ~e tree to the best of his knowledge and belief; ~d that ,ork will be perfomed in the m~ner set forth ~ the application filed therewith. worn to before me th~ ......... ~.~ ....... /ay of ....... ~~..., 19 .. ~ rot~ Public, ~~.'.~.~; County ~. ~ ~ N~ York ...................... ~ ......... ~0. fi2-03~963, Suffolk Coun~ (Si~atu~ of app~c~t) ~mmission Expir~ March 30~ TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD x~~.:,ff, l~l~ll~F ~xx 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, Board of Appeals Southold the ..................................... of the town of .............................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) New and recodified zoning ordinance Amendment to the zoning ordinance Zoning changes Special permits Variances Art. III ~ Sec. lO0-30A(1) Appeal No. 2807 Thomas Collins 26 Trainer Court Huntington~ NY 11743 Location of affected land: F.~.,S Dawn Drive = Gree,.nlq. ort. 1000-35-5-20 within 500 feet of: (check one or more) .....X...X.. ...... Town or village boundary line, or shore line Dawn Lagoon ................ 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 Comments: Date: ..~p~'.i.[ ....... .~..19.~]. ................. Date received by Suffolk County Planning Commission File No ................................. (signed) Linda F. Kowalski~ Secretary Title · WIGGIN5 Lot 66 125'19 Lot G7 Area = 19743 sq. ft. 141.01 ' N. 89 °08 '10 "~. Lot 68 *: 16Z$9 , ! SUFFOLK FOR DATE, , APPROVED COUNTY APPROVAL DEPARTMENT OF HEALTH SERVICES OF CONSTRUCTION HS REF. NO. ONLY ALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT # NEAREST WATER IIIAIN~MI. -+ N SOURCE O~ WATER: PRIVaTE__PUBLIC ~ I~SUFF CO. TAXMAP DJST __ SECTION __ BLOCK , , LOT #11~[R[ ARE NO DWELLII~S WITHIN I00 FEET OF THIS PROPERTY OTHER THAN THOSE' SHOWN HEREON 14 THE WATER SUPPLY AND SEWAGE DISPO~SAL SYSTEM FO4~ THIS RESIDENCE WILL ¢O~FORM TO THE STANDARDS OF THE SUFFOLK COUNTYiDEPARTMENT OF HEALTH SERVICES. ~LICA~T, : Al)OR E SS TEL. i~,, SURVEY FOR THOMAS COLLINS B NANCY CO, LLINS LOT NO. 67 "CLEAVES POINT, SECT. 3 . AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ~ UNAUTHORIZED ALTERATION OR AODITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW ~ COPIES OF THIS SURVEY NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE ~) VALID TRUE COPY fIGUARANTEES INDICATED HEREON SHALL RUN ONLY 11) THE I:~RSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERN- MENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTITUTIOn. GUARANTEES ARE TO ADOITIONAL INSTITUTIONS OR SUBSEQUENT . OWNERS #DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR THE ERECTION C~ FENCES DATE: Md)' 3/, /979 SCALE: / -- 40 NO. 79 - 286 GUARANTEED TO : CH/CA GO T/T£E INSUR.~NCE CO. THOMAS B NANCY COLLINS /v/, , . FOR A, ECl, : g~' ,SE[ TO STA LISH ~ ~EC' ION · F NCE~ RIVER~A~ YORK MOrE .' m .' MONUMENT SUBDIVISION M,4P F/LED IN YN~ OFF/C~ OF ;7~F Cl.£~'K OF SUFFOLK COUNTY ON VI/NE 14, 1986 ~15 FILFNO. 4650 ~ T~E LOCATIC~ OF WI~i.L(W), SEPTIC TA#K(IT)& CESSPOOLS(C~) II,K;~N HENEON ~ IqlOM ,FIELD O~RVATIOfqlS AHD OR DATA OBTAJId~D FROM 4.~THER S ALDEN W. YOUNG, PROFESSIONAL ENGINEER ~ '-~ AND LAND SURVEYOR N Y.S LICENSE NO. 1284§ '~'~ '1 HOWARD W YOUNG, LAND SURVEYOR f~,~O ~/ N Y S LICENSE N0.45893 t~- _,,,~ SEE MATCH \ \ \ SEC. riO. 030 MATCH ~- LINE EE SEC. NO ~,...~" GULL POND INLET' (UNDERWATER '~'~'~" SEE SEC. NO. 036 .SEE INSERT y I N