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Home My WebLink About2808 TOIYN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~TG BOA~D OF APPEALS Appeal No. 2808 by application Dated March 27, 1981 ACTION OF TI-rE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Mr. and Mrs. Wilhelm Franken 75 CarrOll Street Brooklyn, NY 11231 AppeHant at a meeting of the Zoning Board of Appeals on April 2 3, 19 81 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. ( ) 100-32 the appeal gra~ed ( ) be de.ed pursuant to Article .................... Se~ion .................... Subsection .................... para~aph .................... of ~e Zoning Ordinance and the decision of ~e Building I~pecinr ( ) be reversed ( ) be co~irmed b~ause Public Hearing: April 23, 1981: Application of Wilhelm Franken, 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; east by Southold,Shores Association. County Tax Map Item No. 1000-57-1-8 and 9. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (wou/d not) produce practical difficulties hardship because (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 (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be coafirmed ( ) be reversed. CG: lk ZONING BOARD OF APPEALS FORM ZB4 The Board finds and determines as follows: By this appeal, appellant seeks permission to construct detached garage in the frontyard area with a setback of 30 feet off Tarpon Drive and 15 feet from the easterly sideyard property line. The premises in question is 19,867 square feet in area and immediately abuts Southold Shores Subdivision Lot #38 also owned by appellant(s) herein(containing area of approximately 22,000 square feet). Existing on Subdivision Lot 37, the sub- ject portion, is a one-family wood framed dwelling. Constructed along the rear property line is a substantial bulkhead the full length of the premises. The Board finds and determines that the relief as requested is substantial; that if the variance is granted a precedent will be set for the neighborhood; that the reasons for the relief as requested are not unique; that the spirit of the zoning ordinance would not be observed by the granting of the relief requested (the location requested is not the most feasible in the opinion of this Board); and that the interests of justice would best be served by denying the variance as applied for. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Wilhelm Franken be denied a variance to the zoning ordinance, Art. III, Sec. 100-32 as applied for in Appeal No. 2808. Location of Property: 830 Tarpon Drive, Greenport, NY; bounded north by Starkie, west by Reese, south by Weismann, east by Southold Shores Association. County Tax Map Item No. 1000-57-1-8 and 9. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki, RECEIVED AND FILED BY T~L~ SOU'~HOLD TO%VN CLERK COUNTY Of SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE: E. KOPPELMAN June 10, 1981 Town of Southold Board of Appeals Applicant: Mun. File No.: S.C.P.D. File No.: Mr. & Mrs. Wilhelm Franken 28O8 SD-81-7 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk C~unty Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate con~liance with applicable variance criteria. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner TOWN CLERK 765-3783 Building Dept. 1 Planning Bd. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Soufhold, N. Y. 11971 Pursuent to the General Municipa! Law, Chep4'er 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ~BO~l~l...Of Apt:]~IL].a ..... of the town of Southold, N. Y. hereby refers the following (agency involfed1 proposed zonir~g action to the Suffolk County Pbnning Commission: Icheck one) ...... New and recodifled zoning ordinance ......... Amendment to the zoning ordinance .......... Zoning changes ........ Special permits Appeal No. 2808 MrS, & Mr's. ¥:Llheln Frtukeu ~k]4m, ~f 11251 Location of affected land: 8~)..TIIF~..]~I~I~, .(~e=~. ~:...(t1:~0~57,,1,,~..&..9) ......... within SO0 feet of: (check one or more) ...~.... Town or village boundary lin% OF 8hoF~ ].:Llle (CeIIA~) ........... 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 establls~ed channel lines ............ State or county owned ,parcel on which a public building is situated Comments: Appl:l.e~e~$~ ~ dented per~l, se:l. on to l~Lld ~l~e ~11 the fr~tyard area, Date: . 5/31/81 ....................... (signed) .. ELleen. R,..Ca~*~/r.,...T~rar~..Secz~etar~ Tide Date received by Suffolk County Planning Commission ................................................... File No Members Absent, if any: Appeal No. ~J:D ~' A§enda Item/Matter of: Type of Variance or Appeal: Resolution made by: Seconded by: GCharles rlgonls ~%~ee~ .~ Robert G~rard taoenrlnger ~awl~K1 Dou. g~s ~Ioseph. ( ) ( ) ( ) ( ) Action: ( ( Approve as applied for ,~:)eny as applied for Deny Deny without prejudice Withdrawn without Prejudice ( ) Approve with the following conditions: Subject to County Plannin9 referral Subject to Plannin9 Board approval S.__ub_j_ect to D.E.C. regulations ( ) Other: Findings of the Board are as follows: ~JJ~f~3~z. .L'V~,. ~,~ ' ,-.~ ( ~ Not Within the~Character o~the Neighborhood ( ~ariance is Substantial in Relation to Code ~so,. ~. ('~~ Difficulty Not Unique -'- . Other: ) Grantin9 the Relief Requested is within spirit of the zoning code ) Relief is not substantial ) Burden of hardship or difficulty shown and is unique (l~]~Will set a precedent in the neighborhood ( ) -Area is already ~, ~ cong=~[=d (~,,"~nterests of justice served by denying ( ) VoteoftheBoard: Ayes: (~CG ~SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) ( ) ( ( () () () () () () () () () / Variance will not change character of the neighborhood Interests of 3ustice served by granting 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 Beard of Ap- peals at the Southold Town Hall, Main ~oad, Southold, N.Y., on Thursday, April 23, le,~l: 7:30 p.m. Application of Thomas Collins, 26 Trainer Court, Huntington, N.Y. 11.743 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, Greenpor t, N.Y.; bounded north by Martens, west by Dawn Drive, south by Wallin, east by Dawn Lagoon; County Tax Map Item No. 1000-35-5-20. 7:40 p.m. Application of Southold Grange, Inc. and others, Beckwith Avenue, Seuthold, N.Y. (by Rudolph Bruer, Esq.) for a Special Exception to the Zoning Ordi- nance, 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, Seuthold, N.Y.; bounded north by Tray- eler Street and L.I.R.R.; west by Seuthold Equities, south by Mallgraf; east by Beckwith Kvenue and Traveler Street; County Tax Map Item No. 1000-61-1-25. 7:58 n.m. Annlic~ign of W/Ihelm Fraaken. 75 Carroll . Ordinance Art. IIIt Sec. 100-32 ~[or rmis~io ' Tarpon Drive~ ,,N.Y.; bounded north.b~ 7:55 p.m. Application of Mary Ann Mastroianni Grefe, 395 Tuthill Read, Southold, N.Y. for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for p~'mission to construct swimr~ingpool' in sideyard area ~f/t 395 Tuthill Road, South~l'd; bounded north by Sauthoff, west by Tuthill Road, south by DiLal- la, east by Tuthill; Yennecott Park Subdivision Map No. 5187, Subd. Lot No. 25; County Tax Map 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 Zoning Ordinance, Art. III, Sec. 10/)-31 f n %e3 lln/~,¥ ~lLo,Ot_ _ i_ns~,L(icie n t II ~ ~ p.m. Application of lx · 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) petrols- sion to establish single-living unit within multi-dwelling (motel) at premises known as · ~ SUFFOLK, ! NEW YORK, ~ss: by Soundview Ave.; west by Main, Kemper, Zech and Lar- son; south by C.R. 48 (North Read); east by Soundview Ave. and C.R. 4~; more par- ticularly known as County Tax Map Item No. 1000-135-2-23. 9:00 p.m. Application of Roy C. Sehoenhaar, 315 Wyckoff Avenue, Brooklyn, N.Y. (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 10031 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. 25, west by Matt Agency; Jarzombek, Roth and others; south by Mellender; east by Pumillo, Halleck, Stoinhart, Jackson,~ilianes; CountyTax Mai) 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 .h.e.... is Printer and Publisher of the SUFFOLK iMES, a newspaper published at Greenport, in said that the notice, of which the annexed is a printed een published in the said Suffolk Weekly/ Times ~ week, far . . . 9.17.e .................... weeks commencing on 'the .... '! .~.~.h. ................. ~rit ~ , . .. · ................... efore me this .... .~ .6th.. ~, · .A.~).~.2..~. ........19..8.1. t ............... ..... HELEN K DE VOE NOTARY PIJSLIC, State of New ¥~,~k No 4707875, Suflork Cvmlly_ Te~m Exp~[es March 30, 19~_~ 52325 C.R. 48 (North Road), H. Walker Southold, N.Y.; bounded north .......................... being duly Sworn, COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at 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- n~an or, ce each week for ................. .\ ..................... weeks successively, commencing on the ...... .~.[~ ....................... day. ....... ~ ............. ~'"'~"i" ,_1~.'~ Sworn to before me this ....... ~:~.~ ................. day of 19...~'~!. Beck-with Avenue, Southold, NY; bounded north by Travel- er Street and L.I.R.R.; west by Southold F~quities, south by Mallgraf; ~ast by Beckwith Avenue a~/d Traveler Street; County T~lx Map Item Ho. *.~ 7:5{) D.m. Apnlication aL Wilhelm Franken, 75 Carroll Street, Brooklyn, NY 11231 for _ a' Variance to the Zoning Ordinance, Art. III, ~c. 100- 32 for permission to build ~-i'~'~fie front~ard area at .~ -~6'~£r~on l~ive, Greenport, Weisman~n, east by Southold Shores Assn.; County Tax Map Item No. 1000-57-1-8 and 9. 7:55 p.m. Application of Mary Ann Mastroianni Grefe, 395 Tuthill Road, Southold, NY for a Variance to the Zoning Ordinance, Art. IlL Sec. 100-32 for permission to construct swimming pool in sideyard area at 395 Tuthill Road, Southold; bounded north by Sauthoff, west by. Tuthill Ro~d, south by DiLalla, east by Tuthill; Yennecott Park Subdivision Map Ho. 5187, Subd. Lot Ho. 25; County Tax Map Item Ho. 1000-55-4-3. 8:05 p.m. Application of Agnes Dunn, 276 Concord Drive, Hereford, PA 18056, for a Variance to the Zoning Ordinance, Art. Ill, Sec. 100- 31 for approval of insufficient area of two parcels and in- bounded north by Skinner, west by Canoe Path, south by Mattituck Creek, east by Northridge; County Tax Map Item No. 1000-106-11-23. 8:2~ p.m. Application of 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 use of premises and (b) permission to establish singledivi-~ ~o p~eo~t oq~ a~oq~ne o& '~ :aea~ looqas -:otua~l s:a~o~l aq; q;!t~ saa!A -~as ~o~ ~ou~luoo o~ uo!~onpH }o p:nolt aq: azDoq;ne o£ 'I aq~ ua plaq aq osl8 [l~m · soulqaem ~u];oA ua toll~q ~q aq I~m ~UDOA '~:°X ~oM .d~q;noS 'au~q pu~laq 'mn~ .~o~a~D ~ooq~s a;~!Pam:alUl Z ~o sanoq oq~ uaa~taq '0Z ~ ,K~psaupa~ ua aq; ~o saaqmom o~) ;o uoDaola aq; pu~ soxm ]o ~:AoI Nota~ Public 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. 1000-35-5-20. 7:40 p.m. Application of Southold Grange, Inc. and others, Beckwith 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 Southold Fquitie~ south by Mallgraf; east by Beckwith Avenue and TraVeler Street; County'Tax Map Item No. 1000-61-1-25. ~" 7_.: 50 p.m. Application of wilhelm l~ranken, 75 Carroll Street~ Brooklyn, NY 11231 for a Variance to the Zonin~a~. III, Sec. 100-32 for permission to build 9ara§e in the frontyard area at 830 Tarpon Drive, Greenport, NY~ bounded north by Starkie~ west by Reese~ south by ~;eismann~ east by Southold Shores Assn.; nty Tax Map Item No. 1000'57-1-8 and 9. 7:55 p.m. Application of Mary Ann l~astroianni Grefe~ 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, Southold; bounded north by Sauthoff: west by Tuthill Road, south by DiLalla~ east by Tuthill; Yennecott Park Subdivision Map No. 5187, Subd. Lot No 25; County Tax Map Item No. 1000-55-4-3. 8: 05 p. rn. Application of Agnes Dunn , 276 Concord Drive, Hereford, PA 18056, for a Variance to the Zonin9 Ordinance, Art. III: Sec. 100-31 for apprdval of insufficient area of two parcels and insufficient road frontage of one parce 1 ~ 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; County Tax Map Item No. 1000-40-3-9.1 and 9.2. Page 2 Legal Notice of Hearings Board of Appeals Meeting - 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 existin9 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 Lane; 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 Drive~ 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. (Wil~i~2m5 ~:r~icAe~p~.a~ti~qO.~North Fork Motel, Inc., 52325 C. R. 48, Southold, NY~for a Variance to the Zonin9 Ordinance, Art. I, Sec. 100-13B, Art. VI, Sec. 100-6OB(i) (b), Art. XlV, Sec. 100-144F for: (a) permission to change 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)~ South31d~ NY; bounded north by Soundview Ave. ;west by Main, Kemper, Zech and Larsoni 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 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 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 TO~N BOARD OF APPEALS ' CHARLES GRIGONIS ~ JR. ~ CHAIRMAN Page 3 Le9al Notice of Hearings 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 Grange~ 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 Southo!d Town Board of Appeals APPEALS 80ARB. MEMBERS CHARLES GRIGONIS, JR,, CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION TE~V TUT:::LL ROBERT J. DOUGLASS PURSUANT TO GERARBP. GOEHRINGER N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Joseph H. Sawicki Appeal No. 2808. Application of: Wilhelm Franken. Location of Property in Question: (Southold Shores) County Tax Map Item No. 1000- ~7-1-9. Project Proposed by Appeal Application: frontyard area. 830 Tarpon Drive, Greenport. Detached garage in side/ 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 Environmenta~ 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 project.in question [ ] is not located within 300 feet of tidal wetlands; ~] 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 ~-~Appeal File JUDITH T. TERRY TOWN CLERK REGISTRAR el VITAL STATISTICS Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 March 27, 1981 To: Southold Town Zoning Appeals From: Judith T. Terry, ~own Clerk Transmitted herewith is gonign Appeal No. 2080 application of Wilhelm Franken for a variance. Also included are mtification to adjoining property owners, notice of disapproval from the building inspector, sheer environmental assessmen form, and wetland questionnaire. ~ .. ~ -~- .... 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 ...~/>..~ ~ ~.~ ..... ~.~.~ ...... :7. ~...c.'n ~.0. ~ .q,. ~.7 ...... Date .............. ./~../9. ?....~..0, 19 .~./'.. ( 029/ /4,~7~ ~c/ 9g PLEASE TAKE NOTICE that your application dated .......................... , I ../. for permit to construct... D..~..-( .~..C.~. ~ ..~. .... .~..~..~..~..~..~C. ........................ at canon o~ rroperty .............................................................. House No. St~t Ham/et .~ ~.~ ~. ....... ~.~7... ~ .~.. ~E~.~.~... Q~...~. t k~...7.~Z~ ~.. h~. { ~: ~ ~.. Building Inspector N FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 ~,xamined ................ ,19 ... kpproved ................ ,19... Permit No ............ )isapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................. ,19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building inspector, 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 descfiptiou 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 Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to th~ applicant. Such permit ;hall 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 3uilding 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, b~ding code, h~dp7"~ regulations, and to tdmit authorized inspectors on premises and in buildings for necessary ' ctions. (Signature of applicant,~r name, if a corporation) /;tare whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. '~ame of o~vner of premises [/-/JL//.~../...,~ /~/2.~./.~/d~,n/ (as on the tax roll or latest deed) tf 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 ...................... 1. Location of land on which proposed work will be done .................................................. House Number Street Hamlet County Tax Map No. 1000 Section .... '--~? Block /. Lot. ~ Subdivi~icm 5'~drY-//~/2> ~//q~,/~- .5 Filed Map No. ,3 oO $-,~ Lot 3' (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existinguseandoccupancy ~..~.~.. ~..~..?.l.~.~. .~.y~..{~.~..~..c.~.~. a',o"~ec-/g C~,;f'A~t7'/~ b. Intendeduseandoccupancy ..... ~. ......................... .. ........ .... . 3. l~ature of work (check which apl~ble): New Building .................... Alteration ....... Repair .............. Removal .... ' .......... Demolition .............. Other Work ............... (Description) ~.'~ ~ Fee ' L Estimated Cost ............................................................... '~ ........... (to be paid on filing this application) i. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ......... .'~ .............................................................. i. 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 Number of Stories .......... ). Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height Number of Stories .......... ). Sizeoflot: Front .... ./.3..0 .............. Rear .... ./.'~-..~.'.~..~. .........Dep.Lh .;//.~.d~.~./.~.~C~?..~ ~. Z~ Pa ... ). Date of Purchase ....... ~... ~ ................ Name of Former Owner ..../.~:..~..~.~.~..~.. -- ......... I. Zone or use district in which premises are situated ..................................................... ~ Does proposed construction violate any zoning law ordinance or regulation: L Will lot be regraded ...... ~ ?. .................. Will excess fill be removed f~m premises: __ ~Yes ·...,~ .......... Address ... ~..C/~., ........... Phone No ............... L NameofOwnerofpremises ...~/.'."~'~ /~/~-,o, ~- ~/'~ge.~ &/ d~,,~$- Name of Architect ........................... Address ................... Phone No ................ p~ , f,5 ~6'~'~z ,~'~'.~./:f~ 6 -~ .. Phone No Name of Contractor .......................... Address ............................... PLOT DIAGRAM' Locate clearly and distinctly all buildings, ~vhether existing or proposed, and. indicate all set-back dimensions from :operty lines. Give street and block number or description according to deed, and show street names and indicate whether terior or corner lot. / 3o.o o rATE OF NEWATh~c., / ou Y.O,F, ..... , s.s · . ..... .~../5./2..~./.'~....~.~ .K~..PJ:..'~..~./.(".~ .'~.. ............... being duly (Name of individual signing contract) oove named. sworn, deposes and says that he is the applicant .e is the ......... (Contractor, agent, corporate officer, otc;) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this _0plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ,ork will be performed in the manner set forth in the application filed therewith. worn to before me this .~..0..7-~. /o _~~_~,~a//~,/x:._.,..._ ' '~"~' '~'~' ' '~/' County ~"/' ................ day of ........... 19 ~otary Public, f/ ' ' /NOTARY PUBLIC, State of New York '/'~7 .......................................... Suffolk C0u~l~,a._ (Signature of applicant) No. 52-8125850, Term Expires March 30, 19..l,'fJ ~HORT rRONN{ENTAL'ASSESS}4ENT FORJ.~ INSTRUCT ONS: ' ' '----- (o) I~ order to answer tlie questions in this short EAF it is assumed that the preparer vtiiI use. currently avoiIobie information concerning the project and the ltkeiy impacts of the action. It is not expected that. additional studies, research or other investigations v;iiI be undertaken. (b) If any question has been answered Yes the project may be signlftcont and a compIeted EnvironmentaI Assessment Form is necessary. (c) If aII questions have been ansYtered No tt ts iikeiy that this project is not significant. ..' (d) Environmentai Assessment 'l. ¥1~II project resuIt in a Iorge physical change to the project site or physicaIiy aiter more than lO acres of iand? ........................ .,, , ,Yes~ x No 2. ~ill there be a major change to any unique or · unusuai Iand ~orm ~ound on the site? .......... Yes × No 3. ~iii project aiter or have a Iarge'e~Fect on existing body o~ water? ......................., Y~s, × 4. ~&II project have o potentlaiiy Iarge ~mpoct on grounth~ater qua}fry? ....................... Yes 5. ¥1iii project stgnt~icantiy effect drainage ~Io¥~ on adjacent sites? ........................ Yes, × Hq ~. ~WiI project affect any threatened or endangered plant or anLmaI species? ........... . ,Yes × No 7. ¥1iiI project result in a major adverse on air quaIity? .............. - ................. Yes × No . 8. ~?S}i project have a mo)o~ e~ect on visual character o~ the community or scenic views or. vistas known to:be important to the community? Yes × No ~. ~iii project adverseiy ~pact any site or .' · structure of historic, prehistoric or paIeontoIogicai importance or any site designated as a critical environmentai area by a IocaI agency? ........ ~-o '"~' ~ ........ -~. Yes × No 10. %~ill project have a major ~ff;c~ ;A or future recreational opportunltlqs? ......... Yes.x, No 11. ~Vill project result in.major trofflc problems o~ cause o major effect to exlstlng transportation systems? ....................... Yes x No 12. %Vllt project .regularly cause objectionable odors~ nolse~ 91ore~ vlbrotion~ or electrical distorbonce os o result of the project's operation? '. - Yes x No 13. %Vlll project hove any lmpoct on publlc health or.safety? .................................... Yes x No 14. %Vlll project affect the exlstlng community by dlrectly couslnu o growth in permanent population of more than 5 percept over o one year period o._[.~ hove o major negative effect on the character of the community or Yes x No neighborhood? ................................. . , 15. Is there public controversy concernln9 the Yes x No project? .... . ......... .~.~.~- ........... ., SIGNATURE PREPARER'S REPRESEI'~TING (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: wilhelm Franken 830 Tarpon Driver Greenport, N.Y. 11944 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) Ix] 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.] (Signature p-easej TOWN OF SOUTHOLD, NEW YOf, K APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y. 1, (~re)..W...i..l...h..e..l.m.....F..r...a..n..k...e..n. ............................. of ..... .7.~....Q~r.I;g.~,~,...~.~.e,Y, .............................. Nome of Appellant Street and Number ................ .B...r..o...o..k...l..y.~., ................................................................................... ~ APPEAL TO Municipality ?H~ ZONING BOARD OF APPEALS FROM THE DECISION C~ ~ EIUILDIN~ FN~P~CTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .~...a.~.c.h.....2..0_~_..[..9..8...]: ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Wilhelm Franken Nome of Applicant for permit of .... ............ ............... ............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to build a garage in front yard. LOCATION OF THE PROPERTY A Zone Street Use District on Zoning Mop 1000-57-1-9 Iv~op 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.) Article III Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for ( ~} A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Ch~p, 6~ Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~ been mode with resl:~ct to ff~ d~cision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance ~ ~as 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 To build a garage in front yard with setback of 30 feet. ~orm ZB! (Continue on other side) REASON FOR APPEAL Continual 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- son/ HARDSHIP becaus~ Placing a detached garage in rear yard would automatically place it adjacent to the bulkheading. Any future repairs to the bulkheading would be extremely difficult. In addition, placing the garage in rear yard would not be as easily accessible from the house. 2. The hardship created is UNIQUE and is not shared by alt properties alike in the immediate vicinity of this property and in this use district because This problem is not shared by anyone else on the canal because all garages are attached. With our saltbox design it is not feasible to attach the garage. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because It would be more esthetically pleasing not to block the scenic water view. STATE Of: NEW YORK ) COUNTY O ) ss Sworn to this .............. .c~.."~. ............... day of..i ......... ~.~ ............. 19e/ Notary Public ' / ELIZABETH ANN N£VILLE tJOTARY PUBLIC, State of New York No. 52*8125850, Suffolk County Term Expires March 30, 19..~:~7<~ 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: ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 830 Tarpon Drive, Greenport, N.Y. 11944 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential .( 4. That by such Petition, the undersigned will request the following relief: garage in Front Yard. ( To build a 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Section 100-32 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 appear and be heard at such hearing. Dated: March 26w 1981 ~ ~~ Post Office Address 75 Carroll Street Brooklyn, N.Y. 11231 NAME Mr. Henry C. Weismann PROOF OF MAILING OF NOTICE ADDRESS Box 852 145 West Main Street Smithtown, N.Y. 11787 Mr. George H. Starkie Jr. 29 Walnut Street Smithtown, N.Y. 11787 Messrs. Harold & Fred Reese 855 S~nrise Highway Lynbrook, N.Y. 11563 Mr. Don Bayles President Southold Shores Civic Association Albacore Drive Southold, N.Y. 11971 O O STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~r~;~ m. ~.~ ~ I 2 R I . being duly sworn, deposes and says that on the ~ day of ~ ~ ' .19 ~-/- ', 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 thor respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~ent roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ~ ~ ~ ~ [~, n ~ ,~ that said Notic~ were mailed to each of said~ons by (certified) (registered) mail. ' ~ " ~ ~ ~ ~ ~~ / Sworn to before me this ~ ~ dayof ~~ ,19~ ~ -- ~ Notary ~u~c ' W ELIZAB~H AN~ NEVILLE NOTARy PUBLIC, State of Now Y~k No. 52-8125850, ~uf[o~k County SEE SEC. NO. 05~ C H P / P £ S