HomeMy WebLinkAbout1000-54.-3-26.4PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
WILL/AM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
Date: May 20, 2005
To~
Ruth Oliva, Chairwoman
Zoning Board of Appeals
From: Anthony Trezza, Senior Planner
Re:
Anticev Variance Application
SCTM# 1000-54-3-26.4
Appeal # 5633
The subject lot was created as part of the Minor Subdivision of Lighthouse Associates, a
four-lot subdivision approved by the Planning Board in1986. The property owner is
seeking to obtain variances to allow the lot to be subdivided into two non-conforming
lots. After the initial submission to the ZBA, I prepared a memo from the Planning
Board indicating that the ZBA could not issue the variances because the Covenants &
Restrictions on the property prohibited the further subdivision of the lots on the approved
map. Without an amendment to the C&R's, the ZBA cannot grant the variances. The
C&R's can only be amended subject a public hearing and the approval of a majority plus
one of the Planning Board. In order for the Planning Board to consider this request, an
application to subdivide and amend the C&R's is required.
I spoke with Joe McCarthy a few weeks ago because I was under the impression that he
was to submit a request to the Planning Board for a subdivision, including an amendment
to the C&R's. No such application was submitted to this office. Mr. McCarthy told me
that he was going to make a submission to the Planning Board but that it was on hold
because Mr. Anticev's wife was ill and they needed time to deal with that first. I have not
yet heard back from him and we have not yet received an application.
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Vincent Orlando
James Dinizio, Jr.
Michael A. Simon
TOWN MEMO
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTIrlOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
s ,5x
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
TO:
FROM:
DATE:
SUBJECT:
Kieran Corcoran, Asst. Town Attorney
Ruth D. Oliva, ZBA Chairwoman
April 14, 2005
Anticev Property (3/31/05 ZBA PH; Possible PB Resubdivision)
On March 31, 2005 the ZBA held a public hearing concerning an area variance in which the
Anticev family is proposing to create a substandard lot size from property that is covenanted
and restricted by the Planning Board as part of a filed subdivision.
The Board of Appeals is interested in knowing whether or not the covenants and restrictions
may be amended. The C&Rs were filed by the developer and the town based on a different
map than is before the Board of Appeals.
Joseph McCarthy, agent for the Anticev family, has indicated that a new subdivision
application was submitted to the Planning Board for processing and a determination.
Please advise as to whether or not the Planning Board will be in a position to amend the
town's filed covenants and amend the filed map of record in the Suffolk County Clerk's
Office concerning this property.
Thank you.
Planning Board
ERIC J. BRESSLER
ABIGAIL A. WICKHAM
LYNNE M. GORDON
JANET GEASA
LAW OFFICES
WICKHAM, BRESSLER, GORDON & GEASA, P.C.
13015 MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
NEW YORK 11952
631-298-8353
TELEFAX NO. 631-298-8565
wwblaw~aol.com
April 1, 2005
WILLIAM WICKHAM (06-02)
275 BROAD HOLLOW ROAD
SUITE 111
MELVILLE, NEW YORK 11747
631-249-9480
TELEFAX NO. 631-249-9484
Attn: Mark Terry, Senior Enviroarnental Plarmer
Town of Southold Planning Board
Post Office Box 1179
53095 Main Road
Southold, New York 11971
Re: Marko Anticev Variance Application #5633
SCTM# 1000-54-3-26.4
Dear Mark:
I represent Scott and Allison Latham, adjoining landowners. At the request of the Zoning Board of
Appeals, the applicant will request a meeting with you to discuss the proper procedural course of this
matter. We would like to attend that meeting, as would Kieran Corcoran of the Town Attorney's
office. Please advise of the date and time.
Very truly yours,
Abigail A. Wickham
AA W/al
30~hdtpb 2
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Ch~ir
R IC HARD CA G G IAN 0
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
Date: December 14, 2004
To~
Ruth Oliva, Chairwoman
Zoning Board of Appeals
From: Jerilyn Woodhouse, Chairwoman
Planning Board
Re: Request for comments on Marko Anticev Variance Application
SCTM# 1000-54-3-26.4
/ Appeal # 5633
In response to your request for comments regarding the variance application for the
above-referenced property, the Planning Board has reviewed the proposal and offers the
following comments and recommendations at this time:
· This lot was created as part of the Minor Subdivision of Lighthouse Associates, a
four-lot subdivision approved by the Planning Board in1986. At that time, there
was sufficient acreage to create a major subdivision, which would have resulted in
two additional lots for a total of six lots. From the records, it appears that the
applicant did not want to pursue a major subdivision application given the
additional expenses and extensive filing requirements. Accordingly, the
Declaration of Covenants and Restrictions that was filed for this subdivision
includes a clause stating that none of the lots be further subdivided. Each
property owner purchased his or her lot with this understanding. A copy of the
C& R's and the Planning Board Resolution of Approval is attached for the
Board's review.
· If the ZBA grants this request to create a substandard lot, it will open the
Town to criticism that it is not honoring its own C&Rs. It also will create a
precedent whereby the owners of the remaining three lots could plead hardship
resulting in a total of eight non-conforming lots where six conforming lots were
permitted by zoning and four approved by the Planning Board.
· The applicant has the option of constructing an accessory apartment whereby
additional income could be obtained.
· The applicant's proposal would result in the creation of non-conforming lot by
more than half for the zoning district, but the lot will still be larger than the pre-
existing lot to the south.
· The applicant should be advised that the issuance of the variances would not undo
the need to obtain subdivision approval. If the Planning Board agreed to amend
the Covenants and Restrictions and the ZBA granted the requested relief, the
applicant will still be required submit the subdivision application and fees, pay the
Park and Playground fee of $7,000 and obtain Health Department approval.
This property cannot be subdivided unless the Planning Board agrees to amend the
Covenants and Restrictions, which should occur before the Zoning Board of Appeals
decides to grant the requested relief. The Planning Board withholds recommending
approval or denial of the variance application until a petition to amend the Covenants and
Restrictions has been submitted to and approved by a majority plus one of the Plaiming
Board, subject to a public hearing.
gouthold, N.Y. 11971
(516) 765-193~
May 6, 1986
M~. Henry E. Raynor, Jr.
320 Love Lane
Mattituck, NY 11952
Re: Lighthouse Associates
Dear Mr. Raynor:
The following action was taken by the
Board, M~nda¥, May 5, I986.
$outhold Town Planning
RESOLVED that whereas a formal application for the approval
of a subdivision plat entitled "Lighthouse Associates" located
at Southold was submitted to the Planning Board on June 26,
1985 an~ filing fee of $550 was paid on July 8, 1985 and,
WHEREAS, a public hearing was held on said subdivision application
and plat at the Town Hall, Southold, New York, on'Monday,
April 14, 1986 at 7:30 p.m., and
WHEREAS, the requirements of the Subdivision Regulations of
the'Town of Southold have been met by said subdivision plat
and application,
NOW, therefore, be it RESOLVED that the application of "Lighthouse
Associates" for approval of said subdivision plat prepared
by Rod Van Tyle dated as amended January 7, 1986 be approved
and the Chairman be authorized to endorse approval on said
subdivision plat, subject to the following:
1. Covenants and.restrictions stating, no further subdivision
of any lot in perpe%uity, to be filed in the Offi¢~ of the county Cle:
Upon receipt of notice that the above covenants and restrictions
have been filed in the office of the County Clerk, the Chairman
will endorse the surveys.
Henry E. Raynor, Jr. Page 2~ 5/6/86
Prior to filing the covenants, would you please submit a copy
to the Planning Board office so we may refer them to the Town
Attorney for his review.
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRb~.N
$OUTHOLD TOWN PLANNING BOARD
By Diane M.Schultze, Secretary
DECLARATION OF COVE_NANTS
AND RESTt~.ICTIONS
THIS INDENTURE made this 22nd day of October
1985
~,. by Lighthou
Associates-c/o John J.__Breslin ~ at 44 Eln~ Street, Huntinqotni'New York ~174
hereima£ier called the Declarant.
contract vendee
IUITEt%.EAS. the Declarant is th~ ~,,w~A~N~.~]~ of a certain parcel.of lan
8outhold
situate at ~u,,--~-{, Town of Southold, Suffolk County, New York, and designated
the Suffolk Coquty Tax A{sp as D~slrict 10O0 :cc/ion 54. lock 3 and Lot
t--
'" hnder contract
ina approximately 13Heres, being lhe same premises --- ~ ' by
~ Rated 8/10/84
hereiu as the "premises" and
WHEREAS, the Declarant intends to subdivide said premises for residential
z.
purposes and desires to subject said premises to certain conditions, covenants' and
restrictions in order to preserve the maximum open space, natural scenic beaUSy
and natural vegetation and to prevent overcrowding and to conserve the ground ware.
resources of the Town of Southold, and
WHEREAS, ~he Declarant had'applied to the P_anu...o Board of the To~vn of
Southold for approval of the subdivision and development of the premises as a Mino~
Subdlvislon, to contain not more than four (4) lots ok parcels'.
NOW, THEREFORE, the DeclArant does hereby declare thai the aforesaid
premises and every portion thereof is hereby held and shall be conveyed subject
the condition~, covenants and restrictions hereinafter set forth, and that every
C 0
purchaser oC said premises, or any portion thereof, by the acceptance of ~ deed
thereto,.'covenants and aErees that the premises so purchased shall ba held subject
io the covenants, conditions, and ~estricti6ns hereinafter set for~h~
1. No lot or plot ~s sho%vn ~nd designated
~ppro~d by and flied %vi~ the Sou~old To~ P~n~ng Board sha~ be [urger sub-
dive,ed.
4. That all of the covenants, conditions md restric{ions contaimd h~rein s~
be con~trued as real covenant8 running ~ith ~he ~nd and ~hall continue and remzz
in full force md effec[ ~% all tLmes
portion thereof in perpetuity. Said covenants, conditions and r~s~rictions shall be
binding upon, inure to ~e .~eaefi~ of a~d be enforceable by the Decl~ant, their heir
successors and assiD'~; any o~vner of any por~io: of the aforesaid premises, their
heirs, successors md ~HHiguH, and ~he Town of 8outhold, and its successors ~nd
assigns, and th9 failure of <~ dC ~he foregoing lo eaforce any of such covenmts,
coadi[ions and restriutioh$ shall i~ no even~ be deemed a waiver of tire righ~ ~o do s
thereafter.
-2-
F
above
STATE OF NEW YORK
County of Soffolk
JULIETTE A. K[NSELLA, C(erk of the County of Suffolk and Clerk of the Supreme Court of
the State of New York ~n and for said County (said Cour~ bein~.~ Cou.rt of Record) DO
HE.R.C:BY. CERTIFY th~,/. { have compared the_~nne, xed copy of
ar/d that it is a just and true' copy cf such origina~ / ~ ~,,---- and
Of 1fie ~:hole thereof.
IN TESTIMOI~Y WHEREOF ~ have h~reunto set my hand and affixed the seal of said
i and Codri this ,/:~ ~ -'day of ~ 19~PG
Law Offices
WICKHAM, BRE$SLER, GORDON & GEASA, P.C.
13015 M~ln Road, P.O. Box 1424
Mattituck, New York 11952
631-298-8353
Telefax no. 631-298-8565
This is page one of __~ .
DE--~4-~4 FROM: WICEHRM ~ 8RES~:~-ER
%
65~. ~98 85~5
Scott Latham
Allison M. Latham
1755 Old North Road
P,O. Box 1294
$mJthold~ N*w YOrk J 197]
765-0066
TO:~31 T65 3136
December 14, 2004
VIA FACSIMII,E
Tovvu o£ Southold Zoning Bom'd of ApccaJs
53095 Main Road. Post Office Box 2179
$outhold New York 1 I971
Re: Antlaev File
SCTM# 1000-~4-3-26.4
Ladies and Gentlemen:
We are the neighbors who
a~ajo n the Anuaov propert? to ~e West (t~x lot 54-3-26.5).
We oppose the reclucsl t'or variance as it is completely out of aha~'acter with the neighborhood
m~d completely violates covenants imposed by the Planning Board when the lot wa, created.
S~cJfiea ly, th $ prope~y was parl ora subdiviskm by Lightho~e Associates which
i
.n¢luded the subject aroperty, our properly m~d two lots on Lighthouoe Road. The Planning
Board ' , ' · . ·
raqu~r~cl coven[mB against £urther subd]v~smn o£any lot. Th~s covenant was on
ree0rd when wc purchased our property it was a majvr selling point and we relied on it.
This app!ica.tion is tots. ly precluded by the minimum lot sire requirements of the Town
Code, thc subdivision requirements of the Town Code and the recorded covenants required
by th~ Planni ,g Board wE]ch mn with the property in p*rpetuity
.In addition, granting this application would set ~ precedent :[br su x'tJvlsion of the other
three lots in the subdivision.
Personal financ al dff~cu~tv o£an owner which is not related to the property does not
entitle that ms.,sar to re ef £ro~ the Zoning Code er covenm~ts.
The apaheont's answer to paragraph three of the application is incorrect because he is
cree~:ing *1 lot of under one acre. There is only one other snt~ll lot in the ~trea which has been
sin~e and sepm'ate since well prior to zoning in a neighborhood ef lots w]~ch are
predominately 80,000 square feet or more.
4
DEC-,4-~004 $~:~8 FROM:NICKH~M ~ BRESSLER
T0:651 765 ~136
$outhold To~ Zoning Board
Deoember 14, 2004.
Page 2
We also dispute thc answer to question (a) of the Qucstiomaaire whicli states that the
p'ope."ty is not curre ldy listed cn the real estate m -arket fc:r ~1¢. The a~plicad, on was made
by a real estate broker. We have been advised by file owner o:~th~ prope~y as w~ll as the
purcl~aser that ~ ~e lot is to be sold. 'l'he ap1~l.ication itself indicates that it is to be sold.
request tl~t you d ' ' ·
eny the app]:cat~on In ~ts Chi rery,
S~-ott L,qdl~m "'
Allison M. Latl~am
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio
Anne~xLocation NFB, ~/
- First Floor /~ / ,,~,_..~/
Southold, New York 11971-0959
Tel. Intercom Ext. 5011
Telephone 765-1809 ~t~
Fax 765-9064
http://southoldtown.northfork.net
TOWN MEMO
TO:
FROM:
DATE:
BOARD OF APPEALS
Planning Board
Ruth D. Oliva, Chairwoman, Zoning Board of Appeals
December 3, 2004
SUBJECT: Coordination for Reply/Comments
The following application is under review by the Board of Appeals, with an advertised
December 16, 2004 public hearing. Enclosed are the Building Inspector's November 4,
2004 amended Notice of Disapproval and copy of the appeal application and applicant's
map. The Planning Board may be involved regarding a modification to the previous
subdivision, or other reviews under the Chapter 100 of Zoning, and your comments are
requested at this time.
The file is available for review of additional documentation at your convenience.
NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER
ZONE DATE DATE
STAMPED
ANTICEV, 54-3-26.4 5633 11/4/04 Bulk Schedule, 7-15-03 Peconic
MARKO R80 Zone 100-244B Survey Surveyors
Lot size less
than code for
existing house
Your comments are appreciated by December 13, 2004.
Thank you.
Encls.
iA T THIS SUBDIVISIOiV PL
, THAT
t4PLETED
tALLY EXIST AND THEIR
~ISIONAL AND GEODETIC ~
TZGER, N.Y.S. L.S. LIC. NC
,OE FROM
IENTS
~E COF~ECTLY
CORREC~
T THE SUBDIVlStOiV PL ['N AppROVED
~H~D oF THE TOWN OF SC : RESOLUTION
N. 84'10'50' E.
504.71'
o~
KEY MAP
SETOFF PLAN
FOR
EASTERN BREEZES R.E.
A T SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NY.
1000 - 54 - 03 -26.4
SCALE= 1" = /00'
JUL Y 15, 2003
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOV 4 2004
NOTICE OF DISAPPROVAL
DATE: August 25, 2004
RENEWED: August 27, 2004
AMENDED: October 25, 2004
AMENDED: November 4, 2004
TO:
Marko Anticev
2005 Old North Road
Southold, NY 11971
Please take notice that your application dated August 25, 2004
For a permit for a lot set off(subdivision) at
Location of property 2005 Old North Road, Southold, NY
County Tax Map No. 1000 - Sectio __ Block3 Lot 26.4
Is returned herewith and disapproved on the following grounds:
The proposed lot set off is not permitted pursuant to Article III, Section 100-32, which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the
Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and
effect as if such regulations were set forth herein full."
The minimum lot size required in the Residential R-80 District, according to the bulk schedule, is
80,000 square feet, the minimum required lot width is 175 feet.
The proposed lot set off would create a non-conforming lot that measures 37,694 square feet. The
adjacent parcel, although conforming in size, will have a lot width ofg0 feet
Planning Board approval is also required.
This notice of disapproval was amended on October 25~ 2004 to correct errors and on November
4, 2004 to add the need for planning approval.
~'~t h~riz~d~ ign at u~,~
Note to Applicant: Any change"Or-d~viation to the above referenced application may require
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: August 25, 2004
RENEWED: August 27, 2004
AMENDED: October 25, 2004
TO:
Marko Anticev
2005 Old North Road
Southold, NY 11971
Please take notice that your application dated August 25, 2004
For a permit for a lot set off (subdivision) at
Location of property 2005 Old North Road, Southotd, NY
County Tax Map No. 1000 - Section ~ F~'~lock_3 Lot 26.4
Is returned herewith end disapproved on the following grounds:
The proposed lot set offis not permitted pursuant to Article HI, Section 100-32, which states:
"No building or p~mi.qes shall be used end no building or part thereof shall be erected or
altered in the A-C. R-80, R-120, R-200 end R-400 Districts unless the same conforms to the
Bulk Schedule end parking Schedule incorporated into this chapter with the same force end
effect as if such regulations were set forth herein full."
The minimum lot size required in the Residential R-80 District, according to the bulk schedule, is
80,000 square feet, the minimum required lot width is 175 feet.
The proposed lot set offwould create a non-conforming lot that measures 37.694 sauare feet. The
adiacent parcel, although conformint~ in size, will have a lot width ofg0 feet.
This notice of disaooroval was amended on October 25~ 2004 to correct errors.
~- ~,~. / .~ ~u~n,~z.ed S!;o.,~
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the Southold Town Building Department
CC: file, Z.B.A.
FORM NO. 3
TOWN OF SOUTHOLD
. ? ..... ' /~ BUILDING DEPARTMENT
SOUt. OLD, N.Y.
~' ~' ~ NOqCE OF DISAPPROVAL
~XQ~ DATE: ~ugnst 25, 2003~
2005 Old No~h Road
Southold, ~ 11971 ~ ~
Please take notice that your application dated August 18, 2003
For a permit for a lot set off(subdivision) at
Location of property 2uo~ o~,rth Roa~d, Southold, NY
Cotmty Tax Map No. 1000 - Section 50 Block3 Lot zo.4
Is returned herewith and disapproved on the following grounds:
The proposed lot set oti t~ '~ot permitted pursuant to Article Ilia Section 100-30A.3, which states;
'2qo building or premises shall be usea asia no b~ildi,~ or part thereof shall be erected or
altered in the Low Density Residential R-40 District unless th se~m~ conforms to the
requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect
as if such regulations were set forth herein full."
The minimum 10t size r~:luired in th~ AC Dislrict, according to the bulk schedule, is 80,000 square
feet, the minimum required lot width is 150, and the minimum depth is 175 feet.
The proposed lot set offwould create a non-eonformlng lot that measures 37,694 square feet. Th~,
adjacent parcel, although conforming in size, will have a lot widfibof~0 feet. ~
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department
CC: file, Z.B.A.
APPLICATION TO THE $OUTHOLD TOWN BOARD OF APPEALS
Fee: $ glled By:
For Office Use Only
D~t.e A~stgned/Asslgnment No.
Office Not~s:
Parcel Location: House Ne.oleo3' Street OZz>/.,o,~ff~t Ro/q O Hamlet
SCTM1000Seefion.5'b Block3 Lot(s)~.qLotStze3,']b,~ZoneDtstriet
I CvV~ APPEAL THE WRITTEN DETERMINATION OF THE BU1LDING INSPECTOR
DATED: ,~O~/J~' ~.,.5', ~oOg
Authorized Representative:
Telephone: ~/- ~- ~/~ ~ ~- ~/
Please spe~ who yon wish cor~pondence tb be mailed to, from th~ ~bove listed name:
~ Applicnn~Owner(s) ~Autho~zed Repr~ent~ve U Other: ·
~E~BY T~ B~DmG I~SPE~OR D~IED AN APPLICATION DATED .~-
FOR:
~ B~g Fer~t
D Cement, of Oc~np~ D ~Cerfiflcate of Occup~cy
~ C~nge of Use
~ Permit for As-B~lt Cons~uction
Other: ~O~ ~
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers, Do not quote the code.
Article .22Z'~4 Section 100- .3 o Subsection .~) · 3
Type of Appeal. An Appeal is made for:
13 A Variance to the Zoning Code or Zoning Map.
dA Yarlnnce due to lack of access required by New York Town Law-Section 280-A.
13 Interpretation of the Town Code, Article Section
13 Reyersal or Other
A prior appeal O has S/hos not been made with respect to this property UNDgR Appeal
No. Year
0 lO'
Page 2 of 3 - Appeal Application
Part A: AREA VARIANCE REASONS (attach extra sheet as needed):
(1) An undesirable change will not be produced In the CHARACTER of the nelghborh0od or a
deMmenf to nearby properties, If granted, because:
(2) The benefit sought by the appticanf CANNOT be achieved by some method feasible tot the
applicant fo pursue, other than an area variance, because:
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or. Impact on the physical o~environmental
conditions in the neighborhood or dlslflct because: /
(5) Has the variance been self-created? ( V~ Yes, or ( ) No. If not,'is the construction
existing, as bufit? ( ) Yes, or ( ) No.
(6) Additional Information about the surrounding topography and building areas that relate
the dilticully In meeting the code requirements: (attach extra sheet as needed)
This is the MINIMUM that Is necessary and adequate, and at the same time presewes and
protects the character of the neighborhood and the health, safely, and welfare of the
communily.
( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE
STANDARDS. (Please consult your aflorney.) Otherwise, please r)roceed to the slanalure and
notary area below.
Swom to~oefore me this
,7,1 ~- day~._..~....c~...~...~. .... 200_"/
(Notary Publlc)
pETER M. COLEMAN
No. 52-5758570
Commission Expires MarCh 30~
(~geat~r~ ~f Al~pellant or Zufhorlzed Agent
nt must submit Authorization from Owner)
Page 3 of 3 - Appeal Application
Part B: REASONS FOR USE VARIANCE (R requested):
For Each and Every Permitted Use under the Zoning Regulations for the Particular DIsMct Where
the Project Is Located (please consult yo'ur attorney before completing):
1. Applicant cannot realize a reasonable relurn for each and every permitted use under the
zoning regulations for the partcular dl~lct where the pmpe~y Is located, demonslmted by
compe.te.nt tinanclal evidence. The applicant CANNOT realize a REASONABLE RETURN because:
(describe on a separate sheet).
2. The alleged hardship relating to the property is unique because:
3. The alleged hardship does not apply to a substantial portion of the dislrlct or neighborhood
because:
4, The request will not alter the essential character of the neighborhood because:
The alleged hardship has not been self-created because:
6. This is the minimum relief necessary, while at the same time preserving and protecting the
character of the neighbo~hood, and the health, safety and welfare o! the community. (Please
explain on a separate sheet ii necessa~.)
7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and
substantial Justice will be done because: (Please explain on a separate sheet il necessaly.)
( ) Check this box and complete PART A, Questions on previous page to apply AREA
VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. please oroceed to the
slanature and notary area below.
S~:~tu~& of Appellant or ~/uthorized Agent
(Agent must sul~mlt Authorization from Owner)
PETER A~. COLEMAN
,~-~,?.~K¥ /'UBLIC, State of New York
No. $2-5758570
QualifJed in SUffolk Couniy
COmmission EXpires March 30, ~,. _
1.3 TIC[ o,,,£ /I.,,.'D oz, L¥ ,S'oLe4~-/o,O '7'0 ?AY ,cor~ ~I£ u, tF~'..5
.-~ ~) . Ir[ IS .,b pp£/C_,,~,,t.,T-.f p~v_l~zl c , lis top~t- P,S .5/TV-,.C?lrc:/l/c
~z-I) /9' IS /W /E~-e'°/.n'¢ OJrTl4 ?Pr6 .EXeS'FIN(,- C/-/,nlO~..TEP- oFT~t4'
A,I/6/Cbo,~HooO,/Cw,.0 /d /.,v ,6447' L.,4P-~b-,~ '/Am.,,-' ,4~/,,4t~,TA-c.E, cT PMf~,b~fY,
· 'P{- ~o) /..!, .5 ,s
LASER FICHE FORM
SUBDIVISIONS
Project Type: Standard
Status: Incomplete
SCTM # ' 1000 - 54.-3-26.4
Project Name: Anticev, Marko
Location: Old North Road, Southold
Hamlet: Southold
Applicant Name: Marko Anticev
Owner Name: Marko Anticev
Zone 1:
Approval Date:
PLAT Si.qned Date:
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
Zone 2:
C and R's '
Homeowners Association ·
R and M A.qreement:
Address:
County Filin.q Date:
Zone 3:
SCAN Date:
SCANNED
Records Management