HomeMy WebLinkAbout2840~or%h Side C.R. 48, Southold 4/2/8I
D-construct farm tool shed w/insuff, rear and
side yard setbacks.
TOWN OF SOUTHOLD, N~W YORK
ACTION OF THE ZONING BOARD OF Al'PEALS
AppealNo. 2840 by application Dated June lO, ]981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD
To Mr. David L. Mudd
Abigail A. Wickham, Esq. as attorney
DATE 9/29/81
Appellant
at a meeting of the Zoning Board of Appeals on S e p t e m b e r 3,
was considered and the actiou 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. I I I, Sec.
( )
1981 ,
the appeal
lO0-30A & C, Sec. 100-32
1. ~A~5~>~(~}~f~X~X~X~v~)(~ve~r~i~evdX~hva~~n ( ) be
~anted ( ) be de.ed pursuant to Article .................... Section .................... Subse~ion .................... para~aph
.................... of the ~ning Ordinance and the decision of the Budding I~peetor ( ) be reversed ( ) be
co~irmedb~au~ Public Hearing held 7/9/81: Upon application of
David L. Mudd, North Road, Southold, New York for a Variance to
the Zoning Ordinance, Article III, Section lO0-30A & C, 100-32
for permission to construct accessory shed with insufficient
side and rear yard setbacks at property located on the north
side of C.R. 48, Southold, NY; 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.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
(SEE REVERSE SIDE)
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 (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
C G: l k ZONING BOAHD OF APPEALS
FORM ZB4
Appellant by this appeal seeks a variance to Article III,
Section lO0-30A & C and Section 100-32 of the zoning code to
permit a storage building on his premises with reduced setback
requirements. Appellant previously applied for the same relief
which was denied by the Board (Appeal No. 2789).
An inspection of the premises and an examination of records
in the Building Inspector's Office discloses the following:
Appellant is the owner of a parcel of land located on the north
side of County Road 48 (formerly County Route 27) at Southold,
having an area of approximately 23 acres of agricultural land
upon which appellant planted grapes and fruit trees. In the
past several months, appellant ~onstructed a concrete foundation
and placed thereon a wood frame building moved from another
location. No building permit was obtained for such construction.
As indicated by the map filed with the appeal, the structure is
located 5.4 feet from the north boundary line and 4.6 feet from
the east boundary line, and the structure is 60 feet long and
30 feet wide. The previous appeal was denied for failure to
demonstrate practical difficulties.
In the present appeal, it is urged that the structure should
be considered to be an accessory building rather than a principal
building, and thus may be located three feet from any lot line
pursuant to Section 100-32 of the zoning code. Appellant proposes
to use the structure to store agricultural trucks, vehicles and
equipment utilized in the operation of his fruit orchard and
vineyard on the remainder of the property. If the structure is
to be deemed a principal building, it must be a minimum of 15 feet
from the side lot line (east line) and 50 feet from the rear lot
line (north line).
Appellant in his appeal asserts that he has demonstrated
practical difficulties in that to relocate the building would
require the removal of productive grapevines.
Section 100-30 A (2) (a) of the zoning code allows as a
permitted use "vineyards and orchard farming." Paragraph (d)
[which is part of subsection (2) and which relates to agricul-
tural uses] permits the following: "Barns, storage buildings
and other related structures, provided that such buildings~
shall conform to the yard requirements for principal buildings."
By virtue of these provisions of the code, it .is clear that
barns, storage buildings and other related structures must con-
form to the yard requirements of principal buildings whether or
not they may be characterized as accessory buildings.
In considering this appeal, the Board determines that the
variance request in relation to the code requirements is sub-
stantial. A 60% reduction in the side yard requirement and an
89% reduction in the rearyard requirement. That the grant of
the variance would produce a substantial detriment to adjoining
residential properties. That the difficulty can be obviated by
some method, feasible to the appellant, other than a variance.
That in view of the manner in which the difficulty arose, the
interests of Justice will not be served by allowing the variance.
The Board further determines that the appellant has not demon-
strated practical difficulties.
Accordingly,
Douglass, the appeal
~gonis.
THE SOUI~iC~D YOi, TN CLEF~K
DATE 9
on motion by Mr. Grigonis, seconded by Mr.
is dismissed.
Messrs.
Doyen, Douglass, Goeh-
_AP_PROVED
Chairman Board ot~Al:)oeal~'
Photos presented as evidence by Mr. Herman K. Lieblein at the pUblic
hearing for Mr. David L. Mudd, JUly 9, 1981. (7) ~t ~ ~?
tl'
~ ~us~t to s~tiuu
~ of the Town L~w ~md the
~ns of ~e Amended
~ of ~ ~TO~ of South~
',~, a Re~l~ Me~g and
~ ~llo~g public he~gs
;~ ~ held by ~e ~u~old
~ ~d of App~s at ~e
~uthold Town Hall, Main
~ Sou~old, ~ on ~u~-
&y J~y 9 1~1 ~mmen~g
[:z2~ 7:15 p.m. ~d ~ ~lows:
7:15 p.m. A~lication of
~el~ V~keHs, P.O. ~x
522, Southold, NY for a
v~ to the ~g ~d~-
m~;~. ~, Sec. 1~-31 ~r
~ ~ ~suffi~ent ~ yard
~]~t ~e ~mer of J~ck
Lan~ & Oaklawn Avenue,
~u~old, NY; ~m ~o~ ns
~e~ Homes~es Subd.
Filed Map ~5337 Lot 22;
~ty T~ Map Rem
1~0-70-3-16. (c/o Inland
Homes, ~x 11~, M~Ruck,
7:~ p.m. Applicat~n of
Tom Cmwley & ~fe, 745
~ ~ve, ~ M~on,
~r a V~ to ~e ~n~g
~Ce, ~. m, S~. 1~-
31 ~r p~ssion to ~n~m~
~dR~n to dwell~g ~
su~d~t side y~ ~a at 745
Ced~ ~ve, Ea~ M~on,
~d~y to Bums ReP"Es-
tote); ~ded no~ by Du~-
vick, Hagerman, Town of
Southold, ~U~ a~. State
Road ~;~ r ~eider;
south ~::a/t ~ e~t' by
C~m~ ~ ~od-
8:20 p.m. K~iCation of
Coloni~s, ~C.. Ma~
Roaa, ~o~a (W~ B.
Sm~, ~0 M~ic S~e~.
~uthold~ ~ u ag~0 ~r a
Vad~ t0 the~n~ ~-
~ce,'A~. VH, Sec. 1~-71 ~r
app~v~ of insu~dent ~a
and yard setback 0f two
p~d p~cels at ~uth side
of Main Road, ~u~old (~
p~el ~ Du~vi~), ~
~d~ n~h by StYe Road
25; we~ by DurOck; ~uth ~
east by M~hodi~ ~urch;
County T~ Map Item No.
1~-61.4.7.
Sec. 1~-30 A ~ C. 1~:32 ~
- ~ s~ed ~ ~su~ci~t
& ar. ~acks at
pmpe~y lo.ted on t~
~aea no~h by Li~lem;
~; e~s~ Ali~o ~
Lamnm; CoUnty T~ Map IreTM
8~40 p.m. ~plicntion of
Mn~k & Fr~s C. Squires,
88B V~nston Road, Cutch-
ogue, NY ~r n Vnfi~ce to the
Sec. 1~-35 ~r p~ission to
e~end exi~g fence (6 feet
hi~) ~to ~nty~d ,~ n~
249S V~on Road, Cutch-
ogue, ~; Nassau Po~t Subd.
Filed M~p ~806, Lot 357;
Co~ty T~ M~p Rem No.
1~-111-6-6.
8:~ p.m. ~H~R~G of
application-Rose D~sker, ~
Ea~ ~ St~, A~. M.,
New York, ~ 1~22 (by G~
~ner Olsen, Esq.) ~r a
-V~nn~ to the ~n~g ~-
·nce, A~. IH, Sec. 1~-31 ~r
app~val of ~su~cient
~d wi~h 0f two p~sed
patois located at Wells Ro~d,
Pe~nic, ~; bounded no~
by Wells Ro~d;~ west by
~ben; south by ~mond
Creekt en~by K~eger. Coun-
ty Tax M~ Item No. 1~-
86-2-10 & Il.
Dated: June 26, 1981.
BY O~ER OF
COUNTY OF SUFFOLK
ss;
STATE OF NENV 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-
........................................ weeks
man once each week for
successively, commencing on the ....... .~. ........................
day .................
Sworn to before me this ........... ~ ................ day of
..... ~ .............. , 19...'.'.'~ .'L
CLEMENT d, THOMPSON
NOTARY PUBLIC ~te of New fork
Ha, 52-9321725
Commlniofl Eq~res Irch 30,
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, 19~1 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
of
yard area at the corner
Jernick Lane & Oaklawn
Avenue, Southuld, 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,
Mattitack, NY).
7:25 p.m. Application of
Tom Crnwley & 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 Mar.ico~,
NY; bounded north by Re~c ;
west by Cedar Drive; soUth by
Kapassas; east by Vnsquez
and Frmnenti; County T,ax
Map Item No. 1000-22-2-42. (ny
Peter R. Stoutenburgh as
agent).
~. 7:35 p.m. Application of
Frank A. Barrel, c-o Municipal
Building, Teterborn, 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 No. 55~4, Lots 10,
(cootiau~d ~ next page)
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
.... .~.~7.oy.. ,G.u.s..~.~.v..~.o..n ................ being duly Sworn,
says that . .h~ .... is Printer and Publisher of the SUFFOLK
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 Count~,
Road 48; south by Bell Est.;
east by Ashtou; County Tax
Map Item No. 1000-141-3-26.
8:05 p.m. Application of
Phebe M. Bridge Estate,
(Robert W. Gilllspie, III, P.O.
Box 1112, Southold, NY as
agent) for a Variance to
Section 2~A 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-
,efficient area and width of
propesed parcel No. 2, ap-
proval of access ot propeSe~
parcel No. 3 of three propns
parcels at south side of Main
Road, Seuthold, 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. 10(10-61-4-2,
9.
8:20 p.m. Application of
Colonial Corners, Inc., Main
Road, Southald (William B.
Smith, 220 Mechanic Street,
Southold, NY as agent) for a
Variance to the Zoning Or-
cimance, Art. VII, SEc. 100-71
for approval of insufficient
area and yard set back of two
proposed parcels at south side
of Main Road Seuthold (east
uarcal to Dubovick), NY;
bounded north by State Road
25; west by Dubovick; south &
east by Methodist Church;
County Tax Map Item No.
10~0-61-4-7.
~ A &~3,~I00-32
perm~mn £o conswt~t a~
~--fi~ded north by Llemem
~:~ p.m. Application ,
Mark & Frances C. Squire:
~B Va~ton R~d, Cu
ch~ue, ~ fur a Variance:
the ~ning ~n~ce,Art. II
~. 1~35 for ~rmission
extend existi~ fete (6 fe
hi~) into fronty~d ar~
2495 Vanston Road, C~
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 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 #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 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 knoQn 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.
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 #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 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 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-~5 for permission to extend existing
fence (6 feet high) into frontyard area at 2495 Vanston Road,
Cutchogue, 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 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
Appeals, Town Hall, Main Rd., Southold, NY 11971, 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. Thongs 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
On Thursday, July 2, 1981, copy to:
Abigail Wickham, attorney for David L. Mudd
Southold Town Board of Appeals
HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN..IR.
To' 7, 7, '; TUT~?,LL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER N.Y. S ·
Joseph H. Sawicki
NOTICE OF DECLARATION
PURSUANT TO
ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No.2840
Application of: David L. Mudd
Location of Property in Question: C.R. 48, Southold, NY
County Tax Map Item No. 1000- 59-9-28
Project Proposed by Appeal Application: c~onstr~ction of farm
tool shed with insufficient side and rearyard area.
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 16, 1981 BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Copies to: Town Clerk Bulletin Board
Applicant
ZBA file
K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR O[ VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. 1., N. Y. 11971
June 10, 1981
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2840 application of David L. Mudd
for a variance. Also included are notification to adjoini~ property owners,
notice of disapproval from the Buildi~ In.s~ecto~rt e,n:~ironmental
assessment £orm. ~j~. j~
4udith T. Terry
Town Clerk
JTTJbn
Enclosures
FOItM N'O. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ................................................................. Date
.................... ......... ~..~.~z.~ .......... ~.~?.~..~ ........
....................................... ~.u..~ e/.~. ~...,... ~..~/ ~,.
PLEASE TAKE NOTICE that your applicotion dated ............................. ~.~......~.~,
for permit to~o~struct~E}J ~L. ~ at ................... ~. ...............
, /~M ~ ~) ........................................ the premise~ located at
.. N/......~u.~z.~.....~.D. ......... ~ ...... Street ~NOL
Map .................................... Block ............................................ Lot ................................................ is
returned herewith and disapproved on the following grounds ..... ~.~.~.....~.~......~.~.~.~.E~ ......
.~q......~ ~..... Z.~.~ ...... ~.~. ~.t.l~.~.~. ~.~.~ ...... 5~f~.....br~.(.o~.~..~.~..~......~.9t.~. ~.R.t.e. ~..
Building Inspector
w' '- /5 Do,eos k ,'
OWN OF SOUTHOLD
SHORT ENVIRONnlENTAL ASSESSMENT FORM
-L
J
than 10 ac~s
2. W~!~: ~he~
6. ' '~i~ orojecn, affec~
· I0. 'gii% ~Jec~
~. Wi'% pr~jecu
!3- W~]I ~r:Jec~ ~v~ =~7 ~ac~ cn p,xbli: ka~h or
safa=~'~ ', · ' ' ' ' ' ' ' * '
~o
'
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, Town OF SOUTHOLD, N. Y.
Name of Appella.nt Street and Number
Southo]~ N.Y.
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .....~.2.)'..:...~.../.~.~/...~.~. ................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of
North Road Southold N.Y.
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Pezcr~t to locate gaz'a~e ~ accessoz~ use
1. LOCATION OF THE PROPERTY ..qg.,...:~r...~.~ ............................ '~:..T..[.t.~.:...g.~'..:~,~: .....................
Street Use District on Zoning Map
1000- 59 - 9 - 28
lv~ep 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.)
Art. IIT, See. 100 - 30 A & C, 100 - 32
3. TYPE OF APPEAL Appeal is made herewith for
(×) ,~ 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. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (ha~ not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit. ~',
(X) request: for'a variance
and was made in Appeal No." 2789 D ,4 2,/2~../.81
REASON FOR APPEAL
) A Variance to Section 280A Subsection
X) A Variance to the Zoning Ordinance :'
)
~s requested for the reason that app]_iocq_rtt ~d_~b.e~ to corts~l'%to~ 8. ~sz'8~e for bJ_~
vehicles on N/S Co. ~d. !~8 wib'~vt ~ feet of the property line, as an accessory
building to the agricultural use of the lot.
~orm zB! (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the ordinance does permit this buildi~g. Also, to locate the
building further from the line would not only require the re~val of many productive
grape ~ines, it would also remove a significant amount of land from productive agri-
culture of any kind. The building is an accessory building as defined in the code, to
be used to house applicantB trucks, tractors and other faz~n vehicles and equipment.
100-30A(2) pez~its accessory uses to cor~nercial agricultural operations, and 100-30C
pez~nits garages in A zones. 100-3~ perraits them to be within three feet of the line.
This building is not precluded by ~ 100-30A (2)(d), which applies to bar~s, storage
buildings and related structures. This section appears to be directed to potato
houses and barns, net to garage-type structures wY_ich s~e specifically permitted by
100-30C.
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 division of the property when Co. Rd.
48 was widened severed the building at the South of the property from this pa~t of the
farm. Much of the business is conducted in that building, but applicant needs a building
on the North side of the road to house his vehicles so they are not constantly being
driven across Co. Rd. 48.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because it would merely permit an accessory building in
keeping with the agricultural use of the fsz~m.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOI2~ )
Sworn to this ............. .1..0..t..h. ......................... day of ....... ~tr~ ......................................... 1981
NN~o. 7~ ~t~te of New York
3~8~ - Suffolk
.................... ......
NAME
Mr. Nicholas Aliano
Mr. Thomas Morris
Mr. Herman K. Lieblein
RECEIPT FOR C[=RTIFIE.
NO INSURANCE COVERAGE PROVIDED~
NOT FOR INTERNATIONAL MAIL
(See Reverse)
roski
PROOF OF MAILING OF NOTICE
ADDRESS
263 Ashley La., Shoreham, NY 11786
North Rd., Southold, NY 11971
Hippedrome Dr., Southold, NY 11971
Orient, New York 11957
North Rd., Southold, NY 11971
STATE OF NEW YORK
COUNTY OF SUFFOLK
SS.:
Karen Domaleski , residing at Oregon Road, Cutchogue, New York
, being duly sworn, deposes and says that on the lOth day
of ~'%Lr~ ,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 roil of the Town of_.~Southold; that said Notices were mailed at the United States Post Of-
rice at Mattituck ; that said Notices were mailed to each of said persons by
(certified) (r~l~r~[) mail.
Sworn to before me this 10th
day of June , 19 81
! / Notary Public
Karen Domaleski
®
30,2
167 A (c)
75 A{c)
/oo
PARCEL NO.
SEC NO. 069-01-009
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25.0 A(C)
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MAP
DAVID
SOUTHOLO
MUDD