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HomeMy WebLinkAbout2838 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOA_KD OF APPEALS Appeal No. 2838 by application Dated June 5, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To James Cooper 865 Love Lane Matttituck, NY 11952 Appellant at a meeting of the Zoning Board of Appeals on July 9, 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 ( )~ Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) 100-31 the appeal gra~ed ( ) be denied pursuant to Article ............... ; .... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building I~peetor ( ) be reversed ( ) be co~irmed b~ause Public Hearing: 7/9/81: 7:55 P.M. Application of James Cooper, 865 L~ve Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; County Tax Map Item No. 1000-141-3-26. (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 (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (sEE 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk FORM ZB4 ZONING BOARD OF APPEAL8 BE IT RESOLVED, that Appeal No. 2838, application of James Cooper, is hereby withdrawn without prejudice as requested. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, APPROVED RECEIVED AND FILED BY THF. SOU?HOLD TOWN CLERK / / ~----~~.-3..__~~._. To~ Clerk, To~ of S~,~ Today's Date: THURSDAY, JULY Members Absent~ if any: 9, 1981 Appeal No. 2838 Agenda Item/Matter of: COOP__E.R, james Type of Variance or Appeal: To c~.on_struct deck additio__n_~_to__d_we!ling Resolution made by: Seconded by: GCrharles ~goms ( ) ~)%~% Robert ~ Gerard Dou§rass uoenr~nger ( ) ( ) (~) ( ) ( ) ( @ 865 Love Lane, Mattituck, NY ~OseDh. aWl~K1 ( ) ( ) Action: ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice (X~) Withdrawn without Prejudice ( ) ( ) Approve with the following conditions: (~/) Subject to County Plannin9 referral ( ) Subject to Planninq Board approval ( ) Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other: ( ) ( ) ( ) (,) ( ) ( ) ( ) ( ) Vote Not %rithin the Character of the Neighborhood Variance is Substantial in Relation to Code If so, %. Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying of the Board: Ayes: (t') CG (/) SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) .( ) () () () ( ) ( ) () ( ) ( ) ( ) RD Granting the Relief. Requested is within spirit of the zoning code Relief is not substantial Burden of hardship or 'difficulty Shown and is unique Variance will not change character of the neighborhood Interests of Justice served by granting () () () () () () Notes: 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 South- 0Id, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box No. 1000-86-5-9. ,7i55. p.m. Application~_of James Coopert 865 Love Lane, -~Mattituckt NY for a Variance t6~the Zonina Ordinance, Art. ~ Sec. 100-31 for n~rmi~- ~on to construct deck ~ddition t~o dwelling at 865 Love Lane, ~Mattituck, NY; bounded north ~by Love t.nne~ west hv County _Road 48: south b,~ Bell EsL; east by Ashton; County Tax ~l_~ap Item ~no. 8:05 p.m. Application of Phebe M, Bridge Estate, bert W. Gillispie, III, P.O. 1112, Southold, NY as nt) for a Variance to ion 280A Subsection 3 of the Town Law and Variance. to the Zoning Ordinance, Art. ~II, Sec. 100.31 for approval of insufficient area of proposed parcel #1, approval of insuf- ficient area and width of proposed parcel #2, approval of_access of proposed parcel #3 of three proposed parcels at south side of Main Road, Southold, NY (R-O-W off south side of Main Rd., west of boundary to Burns Real Es- tate); bounded north by Dubo- vick, Hagerman, Town of Southold, ns and State Road 25; wes{ by Schneider; south lJY B..,ridg~; 'east by Cumznings;'~ and Method- ist Church; County. Tax Map Item No~ I000-61-4,2, 9. 8:20 p~rn.: ,Application of Colonial Corners, Inc., Main Road, South~old (William B. Smith, 220 Mechanic Street, Southold, NY as agent) for a Variance to the'Zoning Ordin- ance, Art. VII, Sec. 100-71 for approval of insufficient area and yard setback of two proposed parcels at south side of Main Road, Southold (east parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct acces- sory shed with insufficient side & rear yard Setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 p.m. 'Application of Mark & Frances C. Squires, 88B Vanston Road, Cutch- ague, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road, Cutch- ague, NY; Nassau Point Subd. Filed Map #806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a · Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. Coun- ty Tax Map Item No. 1000- 86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., · Chairman 1T, 7/2/81 (10) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Potricia 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 that 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 ...... ~a~,. .......................... Sworn to before me this ....... ...~. .................... day of ...... ~ .......... , 19...~..~ CLEMENT J. THOMPSON NOTARY PUBLIC, State o! New York No, 52-9321725 Re~ling in Suffolk Counbj ~ CommCv~0n EKoir~ March 30, 19A...~ 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, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1~81 com- mencing at 7:15 p.m. and as follows: 7:-15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Or- dinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates Subd. Filed Map No. 5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c-o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, East Marion, NY for a Variance to the Zoning Ordinance, ARt. III, Sec. 100. 31 for permission to construct addition to dwelling with in- sufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassas; east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c-o Municipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. IIL Sec. 100-31 for approval ot insufficient area and-or widtl~ of five proposed parcels known as Shorecrest Subd. Filed Map No. 5_5~4; Lots 10, (c~tilme~ m next pa COUNTY OF SUFFOLK, STATE OF NEW YORK, Tr'oy 0us~cavso 7:55 Road ;ion Phebe M. Bridge Estate, (Robert W. Gillispie, III, P.O. Box 1112, Southold, NY as agent) for a Variance to Section 280A Subsection 3 of the Town Law and Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of proposed parcel No. 1, approval of in- sufficient area and width of proposed parcel No. 2, ap- proval of access ot proposea parcel No. 3 of three proposed parcels at south side of Main Road, Southold, NY (R-O-W off south side of Main Rd. west of boundary to Burns Real Estate); bounded north by Dubovick, Hagerman, Town of Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cummings, Scott and Methodist Church; County Tax Map Item No. 1000-61-4-2, 9. 8:20 p.m. Application of Colonial Corners, Inc., Main Road, Southold (William B. Smith, 220 Mechanic Street, Southold, NY as agent) for a Variance to the Zoning Or- (linance, Art. VII, SEc. 100-71 for approval of insufficient area and yard set back of two proposed parcels at south side of Main Road, Southold (east parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-,7. 8:30 p.m. Application of David L. Mud& North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct ac- cessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-50-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 88B Vanston Road, Cut- chogue, NY for a Variance to the Zoning Ordinance,Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road. Cut- chogue, NY: Nassau Point Subd. Filed Map No. 806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, APt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Or- di'nance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. CHAIRMAN 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, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordinance, Art. III, / Sec. 100-31 for permission to construc~ dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates SUbd. Filed Map #5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c/o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Cro~ley & wife, 745 Cedar Drive, East Marioh, NY for a Variance to the Zoning Ordinance, Art. III,'Sec. 100-31 for permission to construct addition to dwelling with insufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassas; east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c/o Municipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of insufficient area and/or width of five proposed parcels known as Shorecrest Subd. Filed Map # 5584, Lots 10,11, 12,13 & 14; also known'as south side of Bayberrry Lane, Greenport, NY; County Tax Map Item No. 1000-52-3-15,16,17,18,19. 7:45 p.m. Application of James R. Giambalvo, 72 Columbia Road, Rockville Centre, NY (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to divide property into Minor Subdivision of four lots and approval of insufficient frontage of Lot #1 of said lots at east side of Indian Neck Lane, Peconic, NY; bounded north by Schlumpf; west by Indian Neck Lane ; south by Pontino and Harvey; east by Richmond Creek; County Tax Map Item No. 1000-86-5-9. 7:55 p.m. Application of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; COunty Tax Map Item No. 1000-141-3-26. © O Page 2 - Board of Appeals Regular Meeting of July 9, 1981 legal adv. 8:05 p.m. Application of Phebe M. Bridge Estate, (Robert W. Gillispie, III, P.O. Box 1112, Southold, NY as agent) for a Variance to Section 280A Subsection 3 of the Town Law and Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of proposed parcel #1, approval of insufficient area and width of proposed parcel 92, approval of access of proposed parcel 93 of three proposed parcels at south side of Main Road, Southold, NY (R-O-W off south side of Main Rd, west of boundary to Burns Real Estate); bounded north by Dubovick, Hagerman, Town of Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cummings,. Scott and Methodist Church; County Tax Map Item No. 1000-61-4-2, 9. 8:20 p.m. Application of Coloniai Corners, Inc.,.Main Road, Southold (William B. Smith, 220~Mechanic Street~ Southold, NY as agent) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard set back of two proposed parcels at south side of Main Road, Southold (east parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct accessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item NO. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 88B Vanston Road, Cutchogue, NY for a Variance to the Zoning Ord- inance, Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road, Cutchogue, NY; Nassau Point Subd. Filed Map 9806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th. Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 2, 1981 and forward 10 affidavits of publication to: Board of ADnAnln. ~nw~ ~ll Mn~n Rd_. ~n~nld. NY ll~71, as soon as possible. Addendum to Legal No ~lce 7/9/81 Board of Appeals Regular Meeting On Monday, June 29, 1981, copies to: Amelia G. Vaskelis ' Inland Homes (for Amelia Vaskelis) Mr. Thomas Crowley Mr. Peter Stoutenburgh (for Mr. Thomas Crowley) Mr. Frank A. Battel Mr. Richard J. Cron (as atty. for Frank A. Battel & James R. Giambalvo) Mr. James R. Giambalvo Mr. James Cooper Mr. Robert W. Gillispie, III (as agent for Phebe M. Bridge Estate) Colonial Corners, Inc., c/o William B. Smith Mr. David L. Mudd Mr. & Mrs. Mark Squires Gary Flanner Olsen, Esq. (as atty for Mrs. Rose Dansker) Mrs. Rose Dansker The following adjacent property owners to Frank A. Battel: Mr. Herbert J. Brown Mr. Henr/ Bischoff Mr. Thon?s F. Mallon Mr. Valentine Ruch, IV Mr. Albert Schilke Ms. Dorothea Shipp Mr. & Mrs. George Walstein Orestes Christophides Ms. Janine Holder Mr. Irving Pitman Mr. Valentine Ruch V. Mr. Harold Servin Mr. Richard Vanderbeek Ms. Helene Young Sahak Ozdemirci Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board (posted June 29, 1981) Appeal files Mr. Andrew Krupski, c/o William Smith -x Southold Town Board of Appeals MAIN ROAD- r::;TATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD' MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN. JR. NOTICE OF DECLAI:~TTON ' ROBERT J. DOUGLASS PURSUANT TO GERARD P. GOEHRINGER N Y.S ENVIRONMENTAL QUALITY REVIEW ACT Joseph H. Sawicki ' ' Appeal No. 2838 Application of: James Cooper Location of Property in Question: 865 Love Lane, Mattituck, NY County Tax Map Item No. 1000- ~ 141-3-26. Project Proposed by Appeal Application: to construct deck addition to dwelling 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 indicates 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. 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 appli- cation. Dated: June 30, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Town Clerk Bulletin Board Applicant ZBA file O ~K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 June 5, 1981 TO: FROM: 8outhold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2838 application of James Cooper for a variance. Also included are notification to adjoining property owners, Notice of Disapproval from the Building Inspector, Short Environmental lestion2 ~~ Assessment Form, and wetland qr ~aire. Judith T. Terry Town Clerk JTT/bn Enclosures FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ...... .~..~ ............ ..... . .~.~. ~.~. ~./~. ........... ..... /r~..~ ~../0. ~ .~..~.~..~., ....... ~/ 19 PLEASE Ta~E ~OTICE t~at your application aatea ..... ~ ~. (~ ......... , ..... ~~.." ~.~..~ z~_~ ~- ~ for pe~it to const~ct .... ~~..~/.~ ~Zfi//~ .~....] .t Location of Prope~y ~ ~ ~ ~' ~'~.~C/%..--. ~ ~' fi~u~ ~o] .................... ~;e$i .........-- Hamlef County Tax Map No. 1000 Section ...['.~/ ...... Block . .~ ~ ....... Lot .. ~ ~ ...... Subdivision ... Filed Map No ................. Lot No.. .......... ~ .... is returned herewith and disapproved on the follow~g grounds . .[~~g~ ~[~~.[ ........ ..... ~o~... ~~.. ~~..~~. ~ ..... "..~. ~ .... ~. ;. .... . . . ~ ~. ~ ~, . . ~/~,~ . . .~ , . ~ z~ ~ 2~~ . .~ . '~~ ~. ..... Build~g Inspector RV 1180 SHORT ENVIRONk~ENTAL'ASSESSI~ENT FORM iNSTRUCTIONS: ' ==----~-~In order to answer the questions in this short EAF it is assumed that the preparer ~.till use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been ons~ered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is Iikely that this project is not significant. '- . .. : Ehvironmental Assessment -. (dj Z. wi'l'l project resu'lt'"in a large physical change to the project'site or physically alter more Yes than 10 acres of: land? ........................ - : 2. ~'till there'be a major change to any unique or Yes_b~_O -unusual land form found on the site? .......... : : 3. Will project alter or have a large effect'on existing body of water? ....................... Y~s '4.. ~'till project haVe o potentially large impact 0 on grounclwater quality? ....................... Yes 5. %'iill project significantly effect drainage flow on adjacent sites?.' ............. ~'" .... ~',' Yes ' 6. %'1ill project affect any threatened or endangered plant or animal species? ........... Yes 7 Will project result in o major adverse effect ' . · ~ Yes on air quality? .............. ' .................. .~ 8. %'1ill project hove a major effect on visual character of the community or scenic views or. vistas known to'be imporiont to the community?~_ 'Yes 9. %'till project adversely impact any site or . .' structure of historic, prehistoric or . paleontologic01 importance or any site designated as a critical environmental a~ea Yes by · '° : a local agency9 ........... .~:..-v-- v..v ~",... lO. %~ill project have a major effect on existihg or future recreational opportunities? ......... Yes~ 11. %gill project result in .major trafffc problems o~ cause o major effect to ex,isling transportation systems? ....................... Yes 12. %'1ill project ·regularly cause objectionable odors, noise, glare, vibration, or electrical. ' disturbance as a result of the project's operation? ..... ' .............. ' Yes 13. %Viii'project have any impact on public health Yes~ or.safety? .................................... - - - 14. %gill pPoject affect the existing community by directly causing o growth in permanent · population of more than 5 percent over o one year period or have o major negative effect on the chara~-~er or the commun~t~ or neighborhood? ................. Yes 15. Is there public controversy concerning the project? ........................... PREPARER'S SI REPRESENTING O (Today' s Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of ~~-o 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 at 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.] Sincerely yours, please) O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE 1, (We) Ja~es ..... Coo.pe~'. .................................. of ...... 86.~...~ve..Z~-%e ...................................... Name of Appellant Street and Number ............... ~a.t.ti.tuck ........................................................ Municipality ...N.~¥.~ ............... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ......... J. amea..Cao.pe~. .................................... Nome of Applicant for permit of ...... 8 6.~ ......... Lo.v.e...Laae .......... ~ ~i. ~e k.. ~. ....... N,.Y., .... ._....: ......................... Street and Number Municipality btate PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...... 8.6.~...Lova..Lan~...H~t~&.tu~k ..................................... Street Use District on Zoning Map ........................ a6 ..................... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280,~ Subsection 3 4. PREVIOUS APPEAL A previous appeal Cl~][e) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( j request for a 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 I wish to construct side yard set back as shown on sketch a deck..with insufficient attached heret°. l~orm ZB1 (Continue on other side) REASON FOR APPEAL O O ' .... ~: Continued ~ · 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaUse of side yard set back of existing building. 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 south boundary of John Ashton is too close. 3. The Variance would observe the spirit of the Ordinance and, WOULD NOT CHANGE CHARACTER OF THE DISTRICT because the deck would be a decorative and would not interfere with any of my neighbors. THE addition ELIZABETH I~IN NEVIllE /~OTA/~' PUBLIC, ~te of New York /~0. $2.8125850, Suffolk l'lrm Expires March 30, 191 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : to the Board of Appeals of the Town of Southold : 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) (~-!:_~ E .... r-:~:~) (Sp~~~) (the following relief: 2. That the pr.operty which is the subject of the Petition is located adjacent to your property and is des- cribedasfo_llows: ~ ~ /~.~ ~.-~ J~ £ ~ ~/~ -~ '7/ ~-~ _'~ o'-~..-, /~" n ~-~ '~"-/~¥ ~L, i --~ -e' ~ ~ J ~3. Th t~h.e property which isLhe subject of such Petition is located in the folio, wing zoning di.strict: 4. That by suc~ Petition, the undersigned will request the follow~g relief: / $. That,the provisions of_[l~ South~ld Town Zonimz Code apolicable t~_.~re~ef sought by the under- signedare: ,///'~1~ 6~-~n //~E~. d'O c~ 7~/'~ o~L~ ! ~'"t " 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to aptoear and be heard at sUch hearing. PROOF OF MAILING OF NOTICE NAME ADDRESS John Ashton ' Love Lane, Nattituck, New York 11952 Ray Nine New Suffolk Avenue, Uattituck, New York 1195~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: James Edwin Cooper ,residingat 865 Love Lane P.'O, Box 745 ~9_t+_it_uck, ~eWvo~k , being duly Sworn, deposes and says that on the 5,.h day of June ,19 81 , deponent mailed a true copy of the Notice set forth on the re, verse side,hereof, directed to each of the above-named persons at the addresses set opposite their respective : names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat Mattituck~ New York (certified) (registered) mail. Sworn to before me this 5~h ' day of .. ,19 ELIZABETH ANN NEVILLE ~OTARY PUBLIC, State of New York bo. 52-8125850, Suffolk Couj~t,l Term Expires March 30, 19~..~" ; that said Notices were mailed to each of said persons by 7'0" /,' ,':. I -~ ,/: Ii'" F'LOo~Z ~EAv~5 t 6. "~ 1 6 ~co"rt,u¢-..--, IIIIli~llllllllllllllllllllllllllllllllilllllillllllllllllllllll Iil II IIIIIIIlillililllllillllllli IIIII 106' %. %. (6 6') \ \ / / F